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ation services so as to facilitate growth in such services ;
(v) technological improvements in the services provided by the servi ce providers ;
(vi) type of equipment to be used by the service providers after inspection of equipment used
in the network ;
(vii) measures for the development of telecommunication technology and any other matter
relatable to telecommunication industry in g eneral;
(viii) efficient management of available spectrum;
(b) discharge t he following functions, namely:
(i) ensure compliance of t erms and conditions of licenc e;
(ii) notwithstanding anything contained in the te rms and conditions of the licenc e granted
before the commencement of the Telecom Regulatory Authority of India (Amendment) Act,2000
(2 of 2000) , fix the terms and conditions of inter -connectivity between the service providers;
1. Subs. by Act 2 of 2000, s. 8, for determined by regulations (w.e.f. 24 -1-2000).
2. Ins. by s. 8, ibid. (w.e.f. 24 -1-2000).
3. Subs. by s. 9, ibid., for sub-section ( 1) (w.e.f. 24 -1-2000).
7
(iii) ensure technical compatibility and effective inter -conne ction between different service
providers ;
(iv) regulate arrangement amongst service providers of sharing their revenue derived from
providing telecommunication services;
(v) lay-down the standards of quality of service to be provided by the service provid ers and
ensure the quality of service and conduct the periodical survey of such service provided by the
service providers so as to protect interest of the consume rs of telecommunication service ;
(vi) lay -down and ensure the time period for providing local and long distance circuits of
telecommunication between different service providers;
(vii) maintain register of inter -connect agreements and of all such other matters as may be
provided in the regulations;
(viii) keep register maintained under clause ( vii) open for inspection to any member of public
on payment of such fee and compliance of such other requirement as may be provided in the
regulations;
(ix) ensure effective compliance of universal service obligations;
(c) levy fees and other charges at such r ates and in respect of such services as m ay be determined
by regulations;
(d) perform such other functions including such administrative and financial functions as may be
entrusted to it by the Central Government or as may be necessary to carry out the provisions of this
Act:
Provided that the recommendations of the Authority specified in clause ( a) of this sub -section
shall not be binding upon the Central Government:
Provided further that the Central Government shall seek the recommendations of the Authority in
respect of matters specified in sub -clauses ( i) and ( ii) of clause ( a) of this sub -section in respect of
new licence to be issued to a service provider and the Authority shall forward its recommendations
within a period of sixty days from the date on which that Government sought the recommendations:
Provided also that the Authority may request the Central Government to furnish such information
or documents as may be necessary for the purpose of making recommendations under sub -clauses ( i)
and ( ii) of clause ( a) of this sub -section and that Government shall supply such information within a
period of seven days from receipt of such request:
Provided also that the Central Government may issue a licence to a service provider if no
recommendations ar e received from the Authority within the period s pecified in the second proviso or
within such period as may be mutually agreed upon between the Central Government and the
Authority :
Provided also that if the Central Government , having considered that reco mmendation of the
Authority , comes to a prima facie conclusion that such recommendation cannot be accepted or needs
modifications, it shall refer the recommendation back to the Authority for its reconsideration, and the
Authority may , within fifteen days f rom the date of receipt of such reference, forward to the Central
Government its recommendation after consi dering the reference made by that Government. After
receipt of further recommendation if any, the Central Government shall take a final decision. ]
(2) Notwithstanding anything contained in the Indian Telegraph Act, 1885 (13 of 1885), the
Authority may, from time to time, by order, notify in the Official Gazette the rates at which the
telecommunication services within India and outside India shall be pr ovided under this Act including
the rates at which messages shall be transmitte d to any country outside India:
Provided that the Authority may notify different rates for different persons or class of persons for
similar telecommunication services and where different rates are fixed as aforesaid the Authority shall
record the reasons therefor.
8
(3) While discharging its functions 1[under sub -section ( 1) or sub -section ( 2)], the Authority shall not
act against the interest of the sovereignty and integrity of I ndia, the security of the State, friendly relations
with foreign States, public order, decency or morality.
(4) The Authority shall ensure transparency while exercising its powers and discharging its functions.
12. Powers of Authority to call for informati on, conduct investigations, etc .(1) Where the
Authority considers it expedient so to do, it may, by order in writing,
(a) call upon any service provider at any time to furnish in writing such information or
explanation relating to its affairs as the A uthority may require; or
(b) appoint one or more persons to make an inquiry in relation to the affairs of any service
provider; and
(c) direct any of its officers or employees to inspect the books of account or other do cuments of
any service provider.
(2) Where any inquiry in relation to the affairs of a service provider has been undertaken under sub -
section ( 1),
(a) every officer of the Government Department, if such service provider is a department of the
Government;
(b) every director, manager, secretar y or other officer, if such se rvice provider is a company; or
(c) every partner, manager, secretary or other officer, if such service provider is a firm; or
(d) every other person or body of persons who has had dealings in the course of business with any
of the persons mentioned in clauses ( b) and ( c),
shall be bound to produce before the Authority making the inquiry, all such books of account or other
documents in his custody or power relating to, or h aving a bearing on the subject -matter of such inquiry
and also to furnish to the Authority with any such statement or information relating thereto, as the case
may be, required of him, within such time as may be specified.
(3) Every service provider shall maintain such books of account or other documents as may be
prescribed.
(4) The Authority shall have the power to issue such directions to service providers as it may consider
necessary for proper functioning by service providers.
13. Power of Authority to issue directions .The Authority may, for the discharge of its functions
under sub -section ( 1) of section 11, issue such directions from time to time to the service provider s, as it
may consider necessary:
2[Provided that no direction under sub -section ( 4) of section 12 or under this section shall be issued
except on the matter s specified in clause ( b) of sub -section ( 1) of section 11. ]
3[CHAPTER IV
APPELLATE TRIBUNAL
14. Establishment of Appellate Tribunal. The Central Government shall, by notification, establish
an Appellate Tribunal to be known as the Telecom Disputes Settlement and Appellate Tribunal to
(a) adjudicate any dispute
(i) between a licensor and a licensee;
(ii) between two or more service providers;
1. Subs. by Act 2 of 2000, s. 9, for under sub -section ( 1) (w.e.f. 24 -1-2000).
2. Ins. by s. 10, ibid. (w.e.f. 24-1-2000).
3. Subs. by s. 11, ibid., for Chapter IV (w.e.f. 24 -1-2000).
9
(iii) between a service provider and a group of consumers:
Provided that nothing in this clause shall apply in respect of matters relating to
(A) the monopolistic trade practice, restrictive trade practice and unfair trade practice which
are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission
establis hed under sub -section ( 1) of section 5 of the Monopolies and Restrictive Trade Practices
Act, 1969 (54 of 1969 );
(B) the complaint of an individual consumer maintainable before a Consumer Disputes
Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer
Redressal Commission established under section 9 of the Consumer Protection Act, 1986 (68 of
1986) ;
(C) the dispute between telegraph authority and any other person referred to in sub -section
(1) of s ection 7 B of the Indian Telegrap h Act, 1885 (13 of 1885) ;
(b) hear and dispose of appeal against any direction, decision or order of the Authority under this
Act.
1[(c) exercise jurisdiction, pow ers and authority conferred on
(i) the Appellate Tribunal under the Information Technology Act, 2000 (21 of 2000); and
(ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act,
2008 (27 of 2008).]
14A. Application for settlement of disputes and appeals to Appellate Tribunal. (1) The Central
Government or a State Government or a loc al authority or any person may m ake an application to the
Appellate Tribunal for adjudication of any dispute referred to in clause ( a) of section 14.
(2) The Central Government or a State Government or a local a uthority or any person agg rieved by
any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal.
(3) Every appeal under sub-section ( 2) shall be preferred within a period of thirty days from the date
on which a copy of the direction or orde r or decision made by the Authority is received by the Central
Government or the State Government or the local a uthority or the aggrieved person and it shall be in such
form, verified in such manner and be accompanied by such fee as may be prescribed:
Prov ided that the Appellate Tribunal may entertain any 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.
(4) On receipt of an application under sub -section ( 1) or an appeal under sub -section ( 2), the
Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard,
pass such orders thereon as it thinks fit.
(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the dispute or
the appeal and to the Authority, as the case may be.
(6) The application made under sub -section ( 1) or the appeal preferred under sub -section ( 2) shall be
dealt with by it as expeditiously as possible and endeavour shal l be made by it to dispose of the
application or appeal finally within ninety days from the date of receipt of application or appeal , as the
case may be :
Provided that where any such application or appeal could not be disposed of within the said period of
ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application
or appeal within that period.
(7) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness
of any dispute made in any application under sub -section ( 1) or of any direction or order or decision of
the Authority referred to in the appeal preferred under sub -section ( 2), on its own motion or otherwise,
call for the records relevant t o disposing of such applicatio n or appeal and make such orders as it thinks
fit.
1. Ins. by Act 7 of 2017, s. 168 (w.e.f. 26 -5-2017).
10
14B. Composition of Appellate Tribunal .(1) The Appellate Tribunal shall consist of a
Chairperson and not more than two Members to be appointed, by notification, by the Central
Government.
(2) The selection of Chairperson and Members of the Appellate Tribunal shall be made by the Central
Government in consultation with the Chief Justice of India.
(3) Subject to the provision s of this Act ,
(a) the jurisdiction of the Appellate Tribunal may be exercised by the Benches thereof;
(b) a Bench may be constituted by the Chairperson of the Appe llate Tribunal with one or two
Members of such Tribunal as the Chairperson may deem fit;
(c) the Benches of the Appellate Tribunal shall ordinarily sit at New De lhi and at such other
places as the Central Government may, in consultation with the Chairperson of the Appellate
Tribunal, notify;
(d) the Central Government shall notify the areas in relation to which each Bench of the Appellate
Tribunal may exercise its jurisdiction.
(4) Notwithstanding anything contained in sub -section ( 2), the Chairperson of the Appellate Tribunal
may transfer a Member of such Tribunal from one Bench to another Bench.
(5) If at any stage of th e hearing of any case or matter it appears to the Chairperson or a Member of
the Appellate Tribunal that the case or matter is of such a nature that it ought to be heard by a Bench
consisting of two Members, the case or matter may be transferred by the Chairperson to such Bench as
the C hairperson may deem fit.
14C. Qualifications for appointment of Chairperson and Members .A person shall not be
qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he
(a) in the case of Chairperson, is , or has been, a Judge of the Supreme Court or the Chief Justice
of a High Court;
(b) in the case of a Member, has held the post of Secretary to the Government of India or any
equivalent post in the Central Government or the State Government for a period of not less than t wo
years or a person who is well versed in the field of technology, telecommunication, industry,
commerce or administration.
14D. Term of office. The Chairperson and every other Member of the Appellate Tribunal shall hold
office as such for a term not exce eding three years from the date on which he enters upon his office:
Provided that no Chairperson or other Member shall hold office as such after he has attained ,
(a) in the case of Chairperson, the age of seventy years;
(b) in the case of any other Member , the age of sixty -five years.
14E. Term s and conditions of service. The salary and allowance s payable to and the other terms
and conditions of service of the Chairperson and other M embers of the |
. The salary and allowance s payable to and the other terms
and conditions of service of the Chairperson and other M embers of the Appellate Tribunal shall be such
as may be prescribed :
Provided that neither the salary and allowances nor the other terms and conditions of service of the
Chairperson or a Member of the Appellate Tribunal shall be varied to his disadvantage after appointment.
14F. Vacancies. If, for reason other than temporar y absence, any vacancy occurs in the office of the
Chairperson or a Member of the Appellate Tribunal, the Central Government shall appoint another person
in accordance with the provisions o f this Act to fill the vacancy and the proceedings may be continued
before the Appel late Tribunal from the stage at which the vacancy is fill ed.
14G. Removal and resignation. (1) The Central Government may remove from office, the
Chairperson or any Member of the Appellate Tribunal, who
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government , involves
moral turpitude; or
11
(c) has become physically or mentally incapable of acting as the Chairperson or a Member; or
(d) has acquired such financial or other int erest as is likely to affect prejudicially his functions as
the Chairperson or a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest.
(2) Notwithstanding anything contained in sub -section ( 1), the Chairperson or a Member of the
Appellate Tribunal shall not be removed from his office on the ground specified in clause ( d) or clause (e)
of that sub -section unless the Supreme Court on a reference being made to it in this behalf by the Central
Gover nment, has, on an enquiry, held by it in accordance with such procedure as it may specify in this
behalf, reported that the Chairperson or a Member ought on such ground or grounds to be removed.
(3) The Central Government may suspend from office, the Chair person or a Member of the Appellate
Tribunal in respect of whom a re ference has been made to the Su preme Court under sub -section ( 2), until
the Central Government has passed an order on receipt of the report of the Supreme Court on such
reference.
1[14GA. Qualifications, terms and conditions of service of Chairperson and Member .
Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries
and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and
other Members of the Appellate Tribunal appointed after the commencement of 2[the Tribunal s Reforms
Act, 2021, shall be governed by the provisions of Chapter II of the said Act ]:
Provided that the Chairperson and Member appoin ted before the commencement of Part XIV of
Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the
rules made there under as if the provisions of section 184 of the Finance Act, 2017 had not come into
force. ]
14H. Staff of Appellate Tribunal. (1) The Central Government shall provide the Appellate
Tribunal with such officers and employees as it may deem fit.
(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the
general superintendence of its Chairperson.
(3) The salaries and allowances and oth er conditions of service of the officers and employees of the
Appellate Tribunal shall be such as may be prescribed.
14-I. Distribution of business amongst Benches. Where Be nches are constituted, the Chairperson
of the Appellate Tribunal may, from time to time, by notification, make provisions as to the distribution
of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which
may be dea lt with by each Bench.
14J. Power of Chairperson to transfer cases. On the application of any of the parties and after
notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion
without such notice, the Chairpe rson of the Appellate Tribunal may transfer any case pending before one
Bench, for disposal, to any other Bench.
14K. Decision to be by majority. If the Members of a Bench consisting of two Members differ in
opinion on any point, they shall state the point or points on which they differ, and make a reference to the
Chairperson of the Appellate Tribunal who shall hear the point or points himself and such point or points
shall be decided according to the opinion of the majority who have heard the case, includ ing those who
first heard it.
14L. Members, etc. , to be public servants. The Chairperson, Members and other officers and
employees of the Appellate Tribunal shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860) .
1. Ins. by Act 7 of 2017, s. 168 (w.e.f. 26 -5-2017).
2. Subs. by Act 33 of 2021, s. 20, for Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of
section 184 of that Act (w.e.f. 4 -4-2021).
12
14M. Transfer of pending cases. All applications, pending for adjudication of disputes before the
Authority immediately before the date of establishment of the Appellate Tribunal under this Act, shall
stand transferred on that date to such Tribu nal:
Provided that all disputes being adjudicated under the provisions of Chapter IV as it stood
immediately before the commencement of the Telecom Regulatory A uthority of India (Amendment)
Act, 2000 (2 of 2000), shall continue to be adjudicated by the Authority in accordance with the provisions
contained in that Chapter, till the establishment of the Appellate Tribunal under this Act :
Provided further that all cases re ferred to in the first proviso shall be transf erred by the Authority to
the Appellate Tribunal immediately on its establishment under section 14.
14N. Transfer of appeals. (1) All appeals pending before the High C ourt immediately before the
commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of 2000) ,shall
stand transferred to the Appellate Tribunal on its establishment under section 14.
(2) Where any appeal stands transferred from the High Court to the Appellate Tribunal under sub -
section ( 1),
(a) the High Court shall, as soon as may be after such transfer, forward the records of such a ppeal
to the Appellate Tribunal; and
(b) the Appellate Tribunal may, on receipt of such records, proceed to deal with such appeal, so
far as may be from the stage wh ich was reached before such transfer or from any earlier stage or de
novo as the Appellate Tribunal may deem fit.
15. Civil court not to have jurisdiction. No civil court shall have jurisdiction to entertain any suit
or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this Act to
determine and no injunction shall be granted by any court or other authority in respect of any action taken
or to be taken in pursuance of any power conferred by or under this Act.
16. Proce dure and powers of Appellate Tribunal .(1) The Appellate Tribunal shall not be bound
by the procedure laid down by t he Code of Civil Procedure , 1908 (5 of 1908), but shall be guided by the
principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall
have powers to regulate its own procedure.
(2) The Appellate Tribunal shall have, for the purposes of discharging its f unctions under this Act, the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) , while
trying a suit, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and exa mining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of
1872) , requisitioning any public record or docum ent or a copy of such record or document, from any
office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it, ex parte ;
(h) setting aside any order of dismissal of any application for default or any order passed by it, ex
parte ; and
(i) any other matter which may be prescribed.
(3) Every proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purpose s of section 196 , of the Indian Penal Code
(45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purpose s of section 195
and Chapter XXVI of the Code of Criminal Procedu re, 1973 (2 of 197 4).
13
17. Right to legal representation. The applicant or appellant may either appear in person or
authorise one or more chartered accountants or company secretaries or cost accountants or legal
practitio ners or any of its officers to present his or its case before the Appellate Tribunal.
Explanation .for the purposes of this section,
(a) chartered accountant means a chartered accountant as defined in clause ( b) of sub -section
(1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949 ) and who has obtained a
certificate of practice under sub -section ( 1) of section 6 of that Act;
(b) company secretary means a company secretary as defined in clause ( c) of sub -section ( 1) of
section 2 of the Company Secretaries Act, 1980 (56 o f 1980) and who has obtained a certificate of
practice under sub -section ( 1) of section 6 of that Act;
(c) cost accountant means a cost accountant as defined in clause ( b) of sub -section ( 1) of
section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959 ) and who has obtained a
certificate of practice under sub -section ( 1) of section 6 of that Act;
(d) legal practitioner means an advocate, vakil or an attorney of any High Court, and includes a
pleader in practice.
18. Appeal to Supreme Court. (1) Notwithstanding anything contained in the Code of Civil
Procedure, 1908 (5 of 1908) ,or in any other law, an appeal shall lie against any order, not being an
interlocutory order, of the Appellate Tribunal to the Supreme Court on one or more of the grounds
specified in sec tion 100 of that Code.
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent
of the parties.
(3) Every appeal under this section shall be preferred within a period of ninety days from the date o f
the decision or order appealed against :
Provided that the Supreme Court may entertain the appeal after the expiry of the said period of ninety
days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in
time.
19.Orders passed by Appellate Tribunal to be executable as a decree .(1) An order passed by
the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil
court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
(2) Notwithstanding anything contained in sub -section( 1), the Appellate Tribunal may transmit any
order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if
it were a decree made by that court.
20. Penalty for wil ful failure to comply with orders of Appellate Tribunal. If any person
wilfully fails to comply with the order of the Appellate Tribunal, he shall be punishable with fine which
may extend to one lakh rup ees and in case of a second or subsequent off ence with fine which may extend
to two lakh rupees and in the case of continuing contravention with additional fine which may extend to
two lakh rupees for every day during which such default continues. ]
CHAP TER V
FINANCE, ACCOUNTS AND AUDIT
21. Grants by Central Government .The Central Government may, after due appropriation made
by Parliament by law in this behalf, make to the Authority grants of such sums of money as are required
to pay salaries and allowances payable to the Chairperson and the members and the administrative
expenses including the salaries, allowances and pension payable to or in respect of officers and other
employees of the Authority.
22. Fund .(1) There shall be constituted a Fund to be called the Telecom Regulat ory Authority of
India General F und and there shall be credited thereto
(a) all grants, fees and charges received by the Authority under this Act; and
(b) all sums received by t he Authority from such other sources as may be decided upon by the
Central Government.
14
(2) The Fund shall be applied for meeting
(a) the salaries and allowances payable to the Chairperson and members and the administrative
expenses including the salaries, allowances and pension payable to o r in respect of officers and other
employees of the Authority; and
(b) the expenses on objects and for purposes authorised by this Act.
23. Accounts and audit .(1) The Authority shall maintain proper accounts and other relevant
records and prepare an annua l statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor -General of India.
(2) The accounts of the Authority shall be audited by the Comptroller and Auditor -General of India at
such intervals as may be specified by him and any expenditure incurred in connection with such auditor
shall be payable by the Authority to the Comptroller and Auditor -General of India.
1[Explanation .For the removal of doubts , it is hereby declared that the decisions of the Authority
taken in the discharge of its functions under clause ( b) of sub -section ( 1) and sub -section ( 2) of section 11
and section 13, being matters appealable to the Appellate Tribunal, shall not be subjec t to audit under this
section. ]
(3) The Comptroller and Auditor -General of India and any other person appointed by him in
connection with the audit of the accounts of |
3) The Comptroller and Auditor -General of India and any other person appointed by him in
connection with the audit of the accounts of the Authority shall have the same rights and privileges and
authority in connection with such audit as the Comptroller and Auditor -General generally has, in
connection with the audit of the G overnment accounts and, in particular, shall have the right to demand
the production of books, accounts, connected vouchers and other documents and papers and to inspect
any of the offices of the Authority.
(4) The accounts of the Authority as certified by the C omptroller and Auditor -General of India or any
other person appointed by him in this behalf together with the audit report thereon shall be forwarde d
annually to the Central G overnment and that Government shall cause the same to be laid before each
House of Parliament.
24. Furnishing of returns, etc., to Central Government .(1) The Authority shall furnish to the
Central Government at such time and in such form and manner as may be prescribed or as the Central
Government may direct , such returns and statements and such particulars in regard to any proposed or
existing programme for the promotion and development of the telecommunication services, as the Central
Government may from time to time, require.
(2) The Authority shall prepare once every year in such form and at such time as may be prescribed,
an annual report giving a summary of its activities during the previous year and copies of the report sha ll
be forwarded to the Central Government.
(3) A copy of the report received under sub -section ( 2) shall be laid, as soon as may be after it is
received, before each House of Parliament.
CHAPTER VI
MISCELLANEOUS
25. Power of Central Government to issue dir ections .(1) The Central Government may, from to
time to time, issue to the Authority such directions as it may think necessary in the interest of the
sovereignty and integrity of India, the security of the State, friendly relations with foreign States, pu blic
order, decency or morality.
(2) Without prejudice to the foregoing provisions, the Authority shall, in exercise of its powers or the
performance of its functions, be bound by such directions on questions of policy as the Central
Government may give in writing to it from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views
before any direction is given under this sub-section.
(3) The decision of the Central Government whether a question is one o f policy or not shall be final.
1. Ins. by Act 2 of 2000, s. 12 (w.e.f. 24 -1-2000).
15
26. Members, officers and employees of Authority to be public servants .All members, officers
and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of
any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
27. Bar of jurisd iction .No civil court shall have jurisdiction in respect of any matter which the
Authority is empowered by or under this Act to det ermine.
28. Protection of action taken in good faith. No suit, prosecution or other legal proceedings shall
lie against the Central Government or the Authority or any officer of Central Government or any member,
officer or other employees of the Authority for anything which is in good faith done or intended to be
done under this Act or the rules or regulations made there under.
29. Penalty for contravention of direction s of Authority .If a person violates directions of the
Authority, such person shall be punishable with fine which may extend to one lakh rupees and in case of
second or subsequent offence with fine which may extend to two lakh rupees and in the case of
continuing contravention with additional fine which may extend to two lakh rupees for ever y day during
which the default continues.
30. Offences by companies .(1) Where an offence under this Act has been committed by a
company, every person who at the time the offence was committed was in charge of, and was responsible
to, the company for the conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub -section shall render any such pers on liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation .For the purposes of this section,
(a) company means an ybody corporate and includes a firm or other association of individuals;
and
(b) director , in relation to a firm, means a partner in the f irm.
31. Offences by Government Departments. (1) Where an offence under this Act has been
committed by any Department of Government, the Head of the Department shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that
the offence was committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has bee n
committed by a Department of G overnment and it is proved that the offence has been committed w ith the
consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head
of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
32. Exemption from tax on wealth and income .Notwithstanding anything contained in the
Wealth -tax Act, 1957 (27 of 1957), the Income -tax Act, 1961 (43 of 1961), or any other enactment for the
time being in force relating to tax on wealth, inco me, profits or gains, the Authority shall not be liable to
pay wealth -tax, income -tax or any other tax in respect of their wealth, in come, profits or gains derived.
33. Delegation .The Authority may, by general or special order in writing, delegate to any member,
officer of the Authority or any other person subject to such conditions, if any, as may be specified in the
order, such of its powers and functions under this Act (except the power to settle dispute under Chapter
IV and to make regulation under sec tion 36) as it may deem necessary.
16
34. Cognizance of offences. (1) No court shall take cognizance of any offence punishable under
this Act or the rules or regulations made thereunder, save on a complaint made by the Authority.
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate of first
class shall try any offence punishable under this Act.
35. Power to make rules .(1) The Central Government may, by notification, make rules for
carrying out the purposes of this Ac t.
(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 salary and allowances payable to and t he other conditions of service of the Chairperson
and members under sub -section ( 5) of section 5;
1[(aa) the allowances payable to the part -time members under sub-section (6A) of section 5 ;]
(b) the powers and functions of the Chairperson under sub -section ( 1) of section 6;
(c) the procedure for conducting an inquiry made under sub -section ( 2) of section 7;
2[(ca) the salary and allowances and other conditions of service of officers and other employees
of the Authority under sub -section ( 2) of section 10; ]
(d) the category of books of account or other documents which are required to be maintained
under sub -section ( 3) of section 12;
1[(da) the form, the manner of its verification and the fee under sub -section ( 3) of section 14A;
(db) the salary and allowances payable to and other terms and conditi ons of service of the
Chairperson and other Members of the Appellate Tribunal under section 14E;
(dc) the salary and allowances and other conditions of service of the officers and employees of
the Appellate Tribunal under sub -section ( 3) of section 14H;
(dd) any other power of a civil court required to be prescribed under clause ( i) of sub-section (2)
of section 16; ]
(e) the period within which an application is to be made under sub -section ( 1) of section 15;
(f) the manner in which the accounts of the Authority shall be maintained under sub -section ( 1) of
section 23;
(g) the time within which and the form and manner in which returns and report are to be made to
the Central Government under sub -sections ( 1) and ( 2) of section 24;
(h) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be made, by rules.
36. Power to make regulations .(1) The Authority may, by notification, make regulations
consistent with this Act and the rules made thereunde r to carry out the purpose s of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:
(a) the times and places of meetings of the Authority and the procedure to be followed at such
meetings under sub -section ( 1) of section 8, including quorum necessary for the transaction of
business;
(b) the transaction of business at the meetings of the Authority under sub -section ( 4) of section 8;
3* * * * *
(d) matters in respect of which register is to be maintained by the Authority 4[under sub-clause
(vii) of clause ( b)] of sub -section ( 1) of section 11;
(e) levy of fee and lay down such other requirements on fulfilment of which a copy of register
may be obtained 5[under sub-clause ( viii) of clause ( b)] of sub -section ( 1) of section 11;
1. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24 -1-2000).
2. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24 -1-2000) .
3. Clause (c) omitted by s. 14, ibid. (w.e.f. 2 4-1-2000).
4. Subs. by s. 14, ibid., for under clause ( l) (w.e.f. 2 4-1-2000).
5. Subs. by s. 14, ibid., for under clause ( m) (w.e.f. 2 4-1-2000).
17
(f) levy of fees and other charges 1[under clause ( c)] of sub -section ( 1) of section 11;
37. Rules and regulations to be laid before Parliament .Every rule and every regulation made
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the ru le or r egulation or
both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulmen t shall be without prejudice to the validity of anything previously done under
that rule or regulation.
38. Application of certain laws .The provisions of this Act shall be in addition to the provisions of
the Indian Telegraph Act, 1885 (13 of 1885) and t he Indian Wireless Telegraphy Act, 1933 (17 of 1933)
and, in particular, nothing in this Act shall affect any jurisdiction, powers and functions required to be
exercised or performed by the Telegraph Authority in relation to any area falling within the ju risdiction of
such Authority.
39. 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 t he provisions of this Act as may appear to be necessa ry for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of
commencement of this Act.
(2) Every order made under this section sh all be laid, as soon as may be after it is made, before each
House of Parliament.
40. Repeal and saving .(1) The Telecom Regulatory Authority of India Ordinance 1997 (Ord . 11 of
1997) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under the correspondi ng provisions of this Act.
5. Subs. by Act 2 of 2000, s. 14, for under clause ( p) (w.e.f. 2 4-1-2000). |
THE MENTAL HEALTHCARE ACT, 2017
ACT NO. 10 OF 2017
[7th April, 2017.]
An Act to provide for mental healthcare and services for persons with mental illness and to
protect, promote and fulfil the rights of such persons during delivery of mental healthcare
and services and for matters connected therewith or incidental thereto.
WHEREAS the Convention on Rights of Persons with Disabilities and its Optional Protocol was adopted
on the 13th D ecember, 2006 at United Nations Headquarters in New York and came into force on the
3rd May, 2008;
AND WHEREAS India has signed and ratified the said Convention on the 1st day of October, 2007;
AND WHEREAS it is necessary to align and harmonise the existing laws with the said Convention.
BE it enacted by Parliament in the Sixty -eighth Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commence ment. (1) This Act may be called the Mental Healthcare Act,
2017.
(2) It shall extend 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; or on the date of completion of the period of nine months from the date on
which th e Mental Healthcare Act, 2017 receives the assent of the President.
2. Definitions. (1) In this Act, unless the context otherwise requires,
(a) advance directive means an advance directive made by a person under section 5;
(b) appropriate Government means,
(i) in relation to a mental health establishment established, owned or controlled by the Central
Government or the Administrator of a Union territory having no legislature, the Central
Government;
(ii) in relation to a mental health establishment, other than an establishment referred to in
sub-clause ( i), established, owned or controlled within the territory of
(A) a State, the State Government;
(B) a Union territory having legislature, the Government of that Union territory;
(c) Authority means the Central Mental Health Authority or the State Mental Health Authority,
as the case may be;
(d) Board means the Mental Health Review Board constituted by the State Authority under
sub-section ( 1) of section 80 in such ma nner as may be prescribed;
(e) care-giver means a person who resides with a person with mental illness and is responsible for
providing care to that person and includes a relative or any other person who performs this function,
either free or with remune ration;
(f) Central Authority means the Central Mental Health Authority constituted under
section 33;
1. 29th May, 2018, vide Notification No. S.O. 2173(E), dated 29 th May 2018, see Gazette of India, Ex traordinary,
Part II, sec. 3( ii).
6
(g) clinical psychologist means a person
(i) having a recognised qualification in Clinical Psychology from an institution approved and
recognised, by the Rehabilitation Council of India, constituted under section 3 of the Rehabilitation
Council of India Act, 1992 (34 of 1992) ; or
(ii) having a Post-Graduate degree in P sychology or Clinical Psychology or Applied Psychology
and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology obtained after
completion of a full time course of two years which includes supervised clinical training from any
Univ ersity recognised by the University Grants Commission established under the University Grants
Commission Act, 1956 (3 of 1956) and approved and recognised by the Rehabilitation Council of
India Act, 1992 (34 of 1992) or such recognised qualifications as ma y be prescribed;
(h) family means a group of persons related by blood, adoption or marriage;
(i) informed consent means consent given for a specific intervention, without any force, undue
influence, fraud, threat, mistake or misrepresentation, and obtained after disclosing to a person adequate
information including risks and benefits of, and alternatives to, the spec ific intervention in a language
and manner understood by the person;
(j) least restrictive alternative or least restrictive environment or less restrictive option
means offering an option for treatment or a setting for treatment which
(i) meets the person's treatment needs; and
(ii) imposes the least restriction on the person's rights;
(k) local authority means a Municipal Corporation or Municipal Council, or Zilla Parishad, or
Nagar Panchayat, or Panchayat, by whatever name called, and includes such other authority or body
having administrative control over the mental health establishment or empowered under any law for the
time being in force, to function as a loca l authority in any city or town or village;
(l) Magistrate means
(i) in relation to a metropolitan area within the meaning of clause ( k) of section 2 of the Code of
Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate;
(ii) in relation to any other area, the Chief Judicial Magistrate, Sub -divisional Judicial Magistrate
or such other Judicial Magistrate of the first class as the State Government may, by notification,
empower to perform the functions of a Magistrate under this Act;
(m) medical officer in charge in relation to any mental health establishment means the psychiatrist
or medical practitioner who, for the time being, is in charge of that mental health establishment;
(n) medical practitioner means a person who possesses a re cognised medical qualification
(i) as defined in clause ( h) of section 2 of the I ndian Medical Council Act, 1956 (102 of 1956),
and whose name has been entered in the State Medical Register, as defined in clause ( k) of that
section; or
(ii) as defined in clause ( h) of sub -section ( 1) of section 2 of the Indian Medicine Central Council
Act, 1970 (48 of 1970), and whose name has been entered in a State Register of Indian Medicine, as
defined in clause ( j) of sub -section ( 1) of that section; or
(iii) as defined in cl ause ( g) of sub -section ( 1) of section 2 of the Homoeopathy Central Council
Act, 1973 (59 of 1973), and whose name has been entered in a State Register of Homoeopathy, as
defined in clause ( i) of sub -section ( 1) of that section;
(o) Mental healthcare includes analysis and diagnosis of a person's mental condition and treatment
as well as care and rehabilitation of such person for his mental illness or suspected mental illness;
(p) mental health establishment means any health establishment, including Ayur veda, Yoga and
Naturopathy, Unani, Siddha and Homoeopathy establishment, by whatever name called, either wholly or
partly, meant for the care of persons with mental illness, established, owned, controlled or maintained by
7
the appropriate Government, local authority, trust, whether private or public, corporation, co -operative
society, organisation or any other entity or person, where persons with mental illness are admitted and
reside at, or kept in, for care, treatment, convalescence and rehabilitation, eit her temporarily or
otherwise; and includes any general hospital or general nursing home established or maintained by the
appropriate Government, local authority, trust, whether private or public, corporation, co -operative
society, organisation or any other entity or person; but does not include a family residential place where
a person with mental illness resides with his relatives or friends;
(q) mental health nurse means a person with a diploma or degree in general nursing or diploma or
degree in psychi atric nursing recognised by the Nursing Council of India established under the Nursing
Council of India Act, 1947 (38 of 1947) and registered as such with the relevant nursing council in the
State;
(r) mental health professional means
(i) a psychiatrist as defined in clause ( x); or
(ii) a professional registered with the concerned State Authority under section 55; or
(iii) a professional having a post -graduate degree (Ayurveda) in Mano Vigyan Avum Manas
Roga or a post -graduate degree (Homoeopathy) in Psy chiatry or a post -graduate degree (Unani) in
Moalijat (Nafasiyatt) or a post -graduate degree (Siddha) in Sirappu Maruthuvam;
(s) mental illness means a substantial disorder of thinking, mood, perception, orientation or
memory that grossly impairs judgmen t, behaviour, capacity to recognise reality or ability to meet the
ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs, but does not
include mental retardation which is a condition of arrested or incomplete developmen t of mind of a
person, specially characterised by subnormality of intelligence;
(t) minor means a person who has not completed the age of eighteen years;
(u) notification means a notification published in the Official Gazette and the expression notify
shall be construed accordingly;
(v) prescribed means prescribed by rules made under this Act;
(w) prisoner with mental illness means a person with mental illness who is an under -trial or
convicted of an offence and detained in a jail or prison;
(x) psychiatric social worker means a person having a post -graduate degree in Social Work and a
Master of Philosophy in Psychiatric Social Work obtained after completion of a full time course of two
years which includes supervised clinical training from any University recognised by th e University
Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956) or such
recognised qualifications, as may be prescribed;
(y) psychiatrist means a medical practitioner possessing a post -graduate degree or diploma in
psychiatry awarded by an university recognised by the University Grants Commission established under
the University Grants Commission Act, 1956 (3 of 1956), or awarded or recognised by the National
Board of Examinations and included in the First Schedule to the Indian Medical Council Act, 1956
(102 of 1956), or recognised by the Medical Council of India, constituted under the Indian Medical
Council Act, 1956 , and includes, in relation to any State, any medical officer who having regard to his
knowle dge and experience in psychiatry, has been declared by the Government of that State to be a
psychiatrist for the purposes of this Act;
(z) regulations means regulations made under this Act;
(za) relative means any person related to the person with ment al illness by blood, marriage or
adoption;
(zb) State Authority means the State Mental Health Authority established under section 45.
8
(2) The words and expressions used and not defined in this Act but defined in the Indian Medical
Council Act, 1956 (102 of 1956) or the Indian Medicine Central Council Act, 1970 (48 of 1970) and not
inconsistent with this Act shall have the meanings respectively assigned to them in those Acts.
CHAPTER II
MENTAL ILLNESS AND CAPACITY TO MAKE MENTAL HEALTHCARE AND TREATMENT DE CISIONS
3. Determination of mental illness .(1) Mental illness shall be determined in accordance with such
nationally or internationally accepted medical standards (including the latest edition of the International
Classification of Disease of the World Health Organisation) as may be notified by the C entral Government.
(2) No person or authority shall classify a person as a person with mental illness, except for purposes
directly relating to the treatment of the mental illness or in other matters as covered under this Act or any
other law for the time being in force.
(3) Mental illness of a person shall not be determined on the basis of,
(a) political, economic or social status or membership of a cultural, racial or religious group, or for
any other reason not directly relevant to mental health status of the person;
(b) non -conformity with moral, social, cultural, work or political values or religious beliefs prevailing
in a person's community.
(4) Past treatment or hospitalisation in a mental health establishment though relevant, shall not by itself
justify any present or future determination of the person's mental illness.
(5) The determination of a person's mental illness shall alone not imply or be taken to mean that the
person is of unsound mind unless he has been declared as such by a competent court.
4. Capacity to make mental healthcare and treatment decisions .(1) Every person, including a
person with mental illness shall be deemed to have capacity to make decisions regardin g his mental
healthcare or treatment if such person has ability to
(a) understand the information that is relevant to take a decision on the treatment or admission or
personal assistance; or
(b) appreciate any reasonably foreseeable consequence of a decis ion or lack of decision on the
treatment or admission or personal assistance; or
(c) communicate the decision under sub -clause ( a) by means of speech, expression, gesture or any
other means.
(2) The information referred to in sub -section ( 1) shall be given to a person using simple language,
which such person understands or in sign language or visual aids or any other means to enable him to
understand the information.
(3) Where a person makes a decision regarding his mental healthcare or treatment which is p erceived by
others as inappropriate or wrong, that by itself, shall not mean that the person does not have the capacity to
make mental healthcare or treatment decision, so long as the person has the capacity to make mental
healthcare or treatment decision under sub -section ( 1).
CHAPTER III
ADVANCE DIRECTIVE
5. Advance directive .(1) Every person, who is not a minor, shall have a right to make an advance
directive in writing, specifying any or all of the following, namely:
(a) the way the person wishes to b e cared for and treated for a mental illness;
(b) the way the person wishes not to be cared for and treated for a mental illness;
9
(c) the individual or individuals, in order of precedence, he wants to appoint as his nominated
representative as provided und er section 14.
(2) An advance directive under sub -section ( 1) may be made by a person irrespective of his past mental
illness or treatment for the same.
(3) An advance directive made under sub -section ( 1), shall be invoked only when such person ceases to
have capacity to make mental healthcare or treatment decisions and shall remain effective until such person
regains capacity to make mental healthcare or treatment decisions.
(4) Any decision made by a person while he has the capacity to make mental healthcare and treatment
decisions shall over -ride any previously written advance directive by such person.
(5) Any advance directive made contrary to any law for the time being in force shall be ab initio void.
6. Manner of making advance directive . |
advance directive made contrary to any law for the time being in force shall be ab initio void.
6. Manner of making advance directive .An ad vance directive shall be made in the manner as may
be specified by the regulations made by the Central Authority.
7. Maintenance of online registe r.Subject to the provisions contained in clause ( a) of
sub-section ( 1) of section 91, every Board shall maintain an online register of all advance directives
registered with it and make them available to the concerned mental health professionals as and when
required.
8. Revocation, amendment or cancellation of advance directive .(1) An adva nce directive made
under section 6 may be revoked, amended or cancelled by the person who made it at any time.
(2) The procedure for revoking, amending or cancelling an advance directive shall be the same as for
making an advance directive under section 6.
9. Advance directive not to apply to emergency treatment .The advance directive shall not
apply to the emergency treatment given under section 103 to a person who made the advance directive.
10. Duty to follow advance directive .It shall be the duty of every medical officer in charge of a
mental health establishment and the psychiatrist in charge of a person's treatment to propose or give
treatment to a person with mental illness, in accordance with his valid advance directive, subject to
section 11.
11. Power to review, alter, modify or cancel advance directive .(1) Where a mental health
professional or a relative or a care -giver of a person desires not to follow an advance directive while
treating a person with mental illness, such mental health profess ional or the relative or the care -giver of
the person shall make an application to the concerned Board to review, alter, modify or cancel the
advance directive.
(2) Upon receipt of the application under sub -section ( 1), the Board shall, after giving an opp ortunity
of hearing to all concerned parties (including the person whose advance directive is in question), either
uphold, modify, alter or cancel the advance directive after taking into consideration the following,
namely:
(a) whether the advance directi ve was made by the person out of his own free will and free from
force, undue influence or coercion; or
(b) whether the person intended the advance directive to apply to the present circumstances,
which may be different from those anticipated; or
(c) wheth er the person was sufficiently well informed to make the decision; or
(d) whether the person had capacity to make decisions relating to his mental healthcare or
treatment when such advanced directive was made; or
(e) whether the content of the advance dire ctive is contrary to other laws or constitutional
provisions.
10
(3) The person writing the advance directive and his nominated representative shall have a duty to
ensure that the medical officer in charge of a mental health establishment or a medical practit ioner or a
mental health professional, as the case may be, has access to the advance directive when required.
(4) The legal guardian shall have right to make an advance directive in writing in respect of a minor
and all the provisions relating to advance d irective, mutatis mutandis , shall apply to such minor till such
time he attains majority.
12. Review of advance directives. (1) The Central Authority shall regularly and periodically
review the use of advance directives and make recommendations in respect thereof.
(2) The Central Authority in its review under sub -section ( 1) shall give specific consideration to the
procedure for making an advance directive and also examine whether the existing procedure protects the
rights of persons with mental illness.
(3) The Central Authority may modify the procedure for making an advance directive or make
additional regulations regarding the procedure for advance directive to protect the rights of persons with
mental illness.
13. Liability of medical health professional in relation to advance directive. (1) A medical
practitioner or a mental health professional shall not be held liable for any unforeseen consequences on
following a valid advance directive.
(2) The medical practitioner or mental health professional shall not be held liable for not following a
valid advance directive, if he has not been given a copy of the valid advance directive.
CHAPTER IV
NOMINATED REPRESENTATIVE
14. Appointment and revocation of nominated representative. (1) Notwithstanding anything
contained in clause ( c) of sub -section ( 1) of section 5, every person who is not a minor, shall have a
right to appoint a nominated representative.
(2) The nomination under sub -section ( 1) shall be made in writing on plain paper with the person's
signature or thumb impression of the person referred to in that sub -section.
(3) The person appointed as the nominated representative shall not be a minor, be competent to
discharge the duties or perform the functions assigned to him under this Act, and give his consent in
writing to the mental health professional to discharge his duties and perform the functions assigned to
him under this Act.
(4) Where no nominated representative is appointed by a person under sub -section ( 1), the following
persons for the purposes of this Act in the order of precedence shall be deemed to be the nominated
representative of a person with mental illness, namely:
(a) the individual appointed as the nominated representative in the advance directive under
clause ( c) of sub -section ( 1) of section 5; or
(b) a relative, or if not available or not willing to be the nominated representative of such person;
or
(c) a care -giver, or if not available or not willing to be the nominated representative of such
person; or
(d) a suitable person appointed as such by the concerned Board; or
(e) if no such person is available to be appointed as a nominated representative, the Board shall
appoint the Director, Department of Social Welfare, or his designated representative, as the
nominated re presentative of the person with mental illness:
Provided that a person representing an organisation registered under the Societies Registration Act,
1860 (21 of 1860) or any other law for the time being in force, working for persons with mental illness,
11
may temporarily be engaged by the mental health professional to discharge the duties of a nominated
representative pending appointment of a nominated representative by the concerned Board.
(5) The representative of the organisation, referred to in the provis o to sub -section ( 4), may make a
written application to the medical officer in -charge of the mental health establishment or the psychiatrist
in-charge of the person's treatment, and such medical officer or psychiatrist, as the case may be, shall
accept him as the temporary nominated representative, pending appointment of a nominated
representative by the concerned Board.
(6) A person who has appointed any person as his nominated representative under this section may
revoke or alter such appointment at any t ime in accordance with the procedure laid down for making an
appointment of nominated representative under sub -section ( 1).
(7) The Board may, if it is of the opinion that it is in the interest of the person with mental illness to
do so, revoke an appointm ent made by it under this section, and appoint a different representative under
this section.
(8) The appointment of a nominated representative, or the inability of a person with mental illness to
appoint a nominated representative, shall not be construed as the lack of capacity of the person to take
decisions about his mental healthcare or treatment.
(9) All persons with mental illness shall have capacity to make mental healthcare or treatment
decisions but may require varying levels of support from their nominated representative to make
decisions.
15. Nominated representative of minor .(1) Notwithstanding anything contained in section 14, in
case of minors, the legal guardian shall be their nominated representative, unless the concerned Board
orders other wise under sub -section ( 2).
(2) Where on an application made to the concerned Board, by a mental health professional or any
other person acting in the best interest of the minor, and on evidence presented before it, the concerned
Board is of the opinion th at,
(a) the legal guardian is not acting in the best interests of the minor; or
(b) the legal guardian is otherwise not fit to act as the nominated representative of the minor,
it may appoint, any suitable individual who is willing to act as such, the nominated representative of the
minor with mental illness:
Provided that in case no individual is available for appointment as a nominated representative, the
Board shall appoint the Director in the Department of Social Welfare of the State in wh ich such Board is
located, or his nominee, as the nominated representative of the minor with mental illness.
16. Revocation, alteration, etc., of nominated representative by Board .The Board, on an
application made to it by the person with mental illness, or by a relative of such person, or by the
psychiatrist responsible for the care of such person, or by the medical officer in -charge of the mental
health establishment where the individual is admitted or proposed to be admitted, may revoke, alter or
modify the order made under clause ( e) of sub -section ( 4) of section 14 or under sub -section ( 2) of
section 15.
17. Duties of nominated representative .While fulfilling his duties under this Act, the nominated
representative shall
(a) consider the current and past wishes, the life history, values, cultural background and the best
interests of the person with mental illness;
(b) give particular credence to the views of the person with mental illness to the extent that the
person understands the nature of the dec isions under consideration;
(c) provide support to the person with mental illness in making treatment decisions under
section 89 or section 90;
12
(d) have right to seek information on diagnosis and treatment to provide adequate support to the
person with mental illness;
(e) have access to the family or home based rehabilitation services as provided under clause ( c) of
sub-section ( 4) of section 18 on behalf of and for the benefit of the person with mental illness;
(f) be involved in discharge plann ing under section 98;
(g) apply to the mental health establishment for admission under section 87 or section 89 or
section 90;
(h) apply to the concerned Board on behalf of the person with mental illness for discharge under
section 87 or section 89 or section 90;
(i) apply to the concerned Board against violation of rights of the person with mental illness in a
mental health establishment;
(j) appoint a suitable attendant under sub -section ( 5) or sub -section ( 6) of section 87;
(k) have the right to give or withhold consent for research under circumstances mentioned under
sub-section ( 3) of section 99.
CHAPTER V
RIGHTS OF PERSONS WITH MENTAL ILLNESS
18. Right to access mental health care.(1) Every person shall have a right to access mental
healthcare and treatment from mental health services run or funded by the appropriate Government.
(2) The right to access mental healthcare and treatment shall mean mental health services of
affordable cost, of good quality, available in sufficient quantity, accessible g eographically, without
discrimination on the basis of gender, sex, sexual orientation, religion, culture, caste, social or political
beliefs, class, disability or any other basis and provided in a manner that is acceptable to persons with
mental illness an d their families and care -givers.
(3) The appropriate Government shall make sufficient provision as may be necessary, for a range of
services required by persons with mental illness.
(4) Without prejudice to the generality of range of services under sub -section ( 3), such services shall
include
(a) provision of acute mental healthcare services such as outpatient and inpatient services;
(b) provision of half -way homes, sheltered accommodation, supported accommodation as may be
prescribed;
(c) provision for m ental health services to support family of person with mental illness or home
based rehabilitation;
(d) hospital and community based rehabilitation establishments and services as may be
prescribed;
(e) provision for child mental health services and old age mental health services.
(5) The appropriate Government shall,
(a) integrate mental health services into general healthcare services at all levels of healthcare
including primary, secondary and tertiary healthcare and in all health programmes run by the
appropriate Government;
(b) provide treatment in a manner, which supports persons with mental illness to live in the
community and with their families;
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(c) ensure that the long term care in a mental health establishment for treatment of mental illness
shall be used only in exceptional circumstances, for as short a duration as possible, and only as a last
resort when appropriate community based treatment has been tried and shown to have failed;
(d) ensure that no person with mental ill ness (including children and older persons) shall be
required to travel long distances to access mental health services and such services shall be available
close to a place where a person with mental illness resides;
(e) ensure that as a minimum, mental h ealth services run or funded by Government shall be
available in each district;
(f) ensure, if minimum mental health services specified under sub -clause ( e) of sub -section ( 4) are
not available in the district where a person with mental illness resides, th at the person with mental
illness is entitled to access any other mental health service in the district and the costs of treatment at
such establishments in that district will be borne by the appropriate Government:
Provided that till such time the service s under this sub -section are made available in a health
establishment run or funded by the appropriate Government, the appropriate Government shall make
rules regarding reimbursement of costs of treatment at such mental health establishment.
(6) The appropriate Government shall make available a range of appropriate mental health services
specified under sub -section ( 4) of section 18 at all general hospitals run or funded by such Government
and basic and emergency mental healthcare services shall be av ailable at all community health centres
and upwards in the public health system run or funded by such Government.
(7) Persons with mental illness living below the poverty line whether or not in possession of a below
poverty line card, or who are destitute or homeless shall be entitled to mental health treatment and
services free of any charge and at no financial cost at all mental health establishments run or funded by
the appropriate Government and at other mental health establishments designated by it.
(8) The appropriate Government shall ensure that the mental health services shall be of equal quality
to other general health services and no discrimination be made in quality of services provided to persons
with mental illness.
(9) The minimum quality stand ards of mental health services shall be as specified by regulations
made by the State Authority.
(10) Without prejudice to the generality of range of services under sub -section ( 3) of section 18, the
appropriate Government shall notify Essential Drug List and all medicines on the Essential Drug List
shall be made available free of cost to all persons with mental illness at all times at health
establishments run or funded by the appropriate Government starting from Community Health Centres
and upwards in the public health system:
Provided that where the health professional of ayurveda, yoga, unani, siddha, homoeopathy or
naturopathy systems recognised by the Central Government are available in any health establishment,
the essential medicines from any similar list relating to the appropriate ayurv eda, yoga, unani, siddha,
homoeopathy or naturopathy systems shall also be made available free of cost to all persons with mental
illness.
(11) The appropriate Government shall take measures to ensure that necessary |
be made available free of cost to all persons with mental
illness.
(11) The appropriate Government shall take measures to ensure that necessary budgetary provisions
in terms of adequacy, priority, progress and equity are made for effective implementation of the
provisions of this section.
Explanation. For the purposes of sub -section ( 11), the expressions
(i) adequacy means in terms of how much is enough to offset inflation;
(ii) priority means in terms of compared to other budget heads;
(iii) equity means in terms of fair allocation of resources taking into account the health, social
and economic burden of mental illness on individuals, thei r families and care -givers;
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(iv) progress means in terms of indicating an improvement in the State's response.
19. Right to community living .(1) Every person with ment al illness shall,
(a) have a right to live in, be part of and not be segregated from society; and
(b) not continue to remain in a mental health establishment merely because he does not have a
family or is not accepted by his family or is homeless or due to absence of community based
facilities.
(2) Where it is not possible for a mentally ill person to live with his family or relatives, or where a
mentally ill person has been abandoned by his family or relatives, the appropriate Government shall
provide support as appropriate including legal aid and to facilitate exercising his right to fam ily home
and living in the family home.
(3) The appropriate Government shall, within a reasonable period, provide for or support the
establishment of less restrictive community based establishments including half -way homes, group
homes and the like for per sons who no longer require treatment in more restrictive mental health
establishments such as long stay mental hospitals.
20. Right to protection from cruel, inhuman and degrading treatment .(1) Every person with
mental illness shall have a right to live with dignity.
(2) Every person with mental illness shall be protected from cruel, inhuman or degrading treatment
in any mental health establishment and shall have the following rights, namely:
(a) to live in safe and hygienic environment;
(b) to have adeq uate sanitary conditions;
(c) to have reasonable facilities for leisure, recreation, education and religious practices;
(d) to privacy;
(e) for proper clothing so as to protect such person from exposure of his body to maintain his
dignity;
(f) to not be forced to undertake work in a mental health establishment and to receive appropriate
remuneration for work when undertaken;
(g) to have adequate provision for preparing for living in the community;
(h) to have adequate provision for wholesome food, sanitat ion, space and access to articles of
personal hygiene, in particular, women's personal hygiene be adequately addressed by providing
access to items that may be required during menstruation;
(i) to not be subject to compulsory tonsuring (shaving of head hai r);
(j) to wear own personal clothes if so wished and to not be forced to wear uniforms provided by
the establishment; and
(k) to be protected from all forms of physical, verbal, emotional and sexual abuse.
21. Right to equality and non -discrimination .(1) Every person with mental illness shall be treated
as equal to persons with physical illness in the provision of all healthcare which shall include the following,
namely:
(a) there shall be no discrimination on any basis including gender, sex, sexual orie ntation, religion,
culture, caste, social or political beliefs, class or disability;
(b) emergency facilities and emergency services for mental illness shall be of the same quality and
availability as those provided to persons with physical illness;
(c) persons with mental illness shall be entitled to the use of ambulance services in the same manner,
extent and quality as provided to persons with physical illness;
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(d) living conditions in health establishments shall be of the same manner, extent and quality as
provided to persons with physical illness; and
(e) any other health services provided to persons with physical illness shall be provided in same
manner, extent and quality to persons with mental illness.
(2) A child under the age of three years of a woman receiving care, treatment or rehabilitation at a
mental health establishment shall ordinarily not be separated from her during her stay in such establishment:
Provided that where the treating Psychiatrist, based on his examination of the woman, and if appropriate,
on information provided by others, is of the opinion that there is risk of harm to the child from the woman
due to her mental illness or it is in the interest and safety of the child, the child shall be temporarily
separated from the wo man during her stay at the mental health establishment:
Provided further that the woman shall continue to have access to the child under such supervision of the
staff of the establishment or her family, as may be appropriate, during the period of separatio n.
(3) The decision to separate the woman from her child shall be reviewed every fifteen days during the
woman's stay in the mental health establishment and separation shall be terminated as soon as conditions
which required the separation no longer exist:
Provided that any separation permitted as per the assessment of a mental health professional, if it
exceeds thirty days at a stretch, shall be required to be approved by the respective Authority.
(4) Every insurer shall make provision for medical insuranc e for treatment of mental illness on the same
basis as is available for treatment of physical illness.
22. Right to information .(1) A person with mental illness and his nominated representative shall
have the rights to the following information, namely:
(a) the provision of this Act or any other law for the time being in force under which he has been
admitted, if he is being admitted, and the criteria for admission under that provision;
(b) of his right to make an application to the concerned Board for a review of the admission;
(c) the nature of the person's mental illness and the proposed treatment plan which includes
information about treatment proposed and the known side effects of the proposed treatment;
(d) receive the information in a language and f orm that such person receiving the information can
understand.
(2) In case complete information cannot be given to the person with mental illness at the time of the
admission or the start of treatment, it shall be the duty of the medical officer or psychia trist in -charge of the
person's care to ensure that full information is provided promptly when the individual is in a position to
receive it:
Provided that where the information has not been given to the person with mental illness at the time of
the admiss ion or the start of treatment, the medical officer or psychiatrist in charge of the person's care shall
give the information to the nominated representative immediately.
23. Right to confidentiality .(1) A person with mental illness shall have the right to confidentiality
in respect of his mental health, mental healthcare, treatment and physical healthcare.
(2) All health professionals providing care or treatment to a person with mental illness shall have a
duty to keep all such information confidential whi ch has been obtained during care or treatment with the
following exceptions, namely:
(a) release of information to the nominated representative to enable him to fulfil his duties under
this Act;
(b) release of information to other mental health profession als and other health professionals to
enable them to provide care and treatment to the person with mental illness;
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(c) release of information if it is necessary to protect any other person from harm or violence;
(d) only such information that is necessary to protect against the harm identified shall be released;
(e) release only such information as is necessary to prevent threat to life;
(f) release of information upon an order by concerned Board or the Central Authority or High
Court or Supreme Court or an y other statutory authority competent to do so; and
(g) release of information in the interests of public safety and security .
24. Restriction on release of information in respect of mental illness .(1) No photograph or any
other information relating to a person with mental illness undergoing treatment at a mental health
establishment shall be released to the media without the consent of the person with mental illness.
(2) The right to confidentiality of person with mental illness shall also apply to all i nformation stored
in electronic or digital format in real or virtual space.
25. Right to access medical records .(1) All persons with mental illness shall have the right to
access their basic medical records as may be prescribed.
(2) The mental health prof essional in charge of such records may withhold specific information in
the medical records if disclosure would result in,
(a) serious mental harm to the person with mental illness; or
(b) likelihood of harm to other persons.
(3) When any information in t he medical records is withheld from the person, the mental health
professional shall inform the person with mental illness of his right to apply to the concerned Board for
an order to release such information.
26. Right to personal contacts and communicati on.(1) A person with mental illness admitted to
a mental health establishment shall have the right to refuse or receive visitors and to refuse or receive
and make telephone or mobile phone calls at reasonable times subject to the norms of such mental
health establishment.
(2) A person with mental illness admitted in a mental health establishment may send and receive
mail through electronic mode including through e -mail.
(3) Where a person with mental illness informs the medical officer or mental health professional in
charge of the mental health establishment that he does not want to receive mail or e -mail from any
named person in the community, the medical officer or mental health professional in charge may restrict
such communication by the named perso n with the person with mental illness.
(4) Nothing contained in sub -sections ( 1) to ( 3) shall apply to visits from, telephone calls to, and
from mail or e -mail to, and from individuals, specified under clauses ( a) to ( f) under any circumstances,
namely:
(a) any Judge or officer authorised by a competent court;
(b) members of the concerned Board or the Central Authority or the State Authority;
(c) any member of the Parliament or a Member of State Legislature;
(d) nominated representative, lawyer or legal re presentative of the person;
(e) medical practitioner in charge of the person's treatment;
(f) any other person authorised by the appropriate Government.
27. Right to legal aid .(1) A person with mental illness shall be entitled to receive free legal
services to exercise any of his rights given under this Act.
(2) It shall be the duty of magistrate, police officer, person in charge of such custodial institution as
may be prescribed or medical officer or mental health professional in charge of a mental health
17
establishment to inform the person with mental illness that he is entitled to free legal services under the
Legal Services Authorities Act, 1987 (39 of 1987) or other relevant laws or under any order of the court
if so ordered and provide the contac t details of the availability of services.
28. Right to make complaints about deficiencies in provision of services .(1) Any person with
mental illness or his nominated representative, shall have the right to complain regarding deficiencies in
provision of care, treatment and services in a m ental health establishment to,
(a) the medical officer or mental health professional in charge of the establishment and if not
satisfied with the response;
(b) the concerned Board and if not satisfied with the response;
(c) the State Authority.
(2) The provisions for making complaint in sub -section ( 1), is without prejudice to the rights of the
person to seek any judicial remedy for violation of his rights in a mental health establishment or by any
mental health professional either under this Act or any other law for the time being in force.
CHAPTER VI
DUTIES OF APPROPRIATE GOVERNMENT
29. Promotion of mental health and preventive programmes .(1) The appropriate Government
shall have a duty to plan, design and implement programmes for the promotion of mental health and
prevention of mental illness in the country.
(2) Without prejudice to the generality of the provisions contained in sub -section ( 1), the appropriate
Government shall, in particular, plan, design a nd implement public health programmes to reduce
suicides and attempted suicides in the country.
30. Creating awareness about mental health and illness and reducing stigma associated with
mental illness .The appropriate Government shall take all measures to ensure that,
(a) the provisions of this Act are given wide publicity through public media, including television,
radio, print and online media at regular intervals;
(b) the programmes to reduce stigma associated with mental illness are planned, designed, funded
and implemented in an effective manner;
(c) the appropriate Government officials including police officers and other officers of the
appropriate Government are given periodic sensitisation and awareness training on the issues under
this Act .
31. Appropriate Government to take measures as regard to human resource development and
training, etc .(1) The appropriate Government shall take measures to address the human resource
requirements of mental health services in the country by planning, developing and implementing
educational and training programmes in collaboration with institutions of higher education and training,
to increase the human resources available to deliver mental health interventions and to improve the
skills of the available human reso urces to better address the needs of persons with mental illness.
(2) The appropriate Government shall, at the minimum, train all medical officers in public healthcare
establishments and all medical officers in the prisons or jails to provide basic and eme rgency mental
healthcare.
(3) The appropriate Government shall make efforts to meet internationally accepted guidelines for
number of mental health professionals on the basis of population, within ten years from the
commencement of this Act.
32. Co-ordination within appropriate Government .The appropriate Government shall take all
measures to ensure effective co -ordination between services provided by concerned Ministries and
Departments such as those dealing with health, law, home affairs, human resources, social justice,
18
employment, education, women and child development, medical education to address issues of mental
health care.
CHAPTER VII
CENTRAL MENTAL HEALTH AUTHORITY
33. Establishment of Central Authority .The Central Government shall, within a period of nine
months from the date on which this Act receives the assent of the President, by notification, establish,
for the purposes of this Act, an Authority to be known as the Central Mental Health Authority.
34. Composition of Central Authority .(1) The Central Authority shall con sist of the following,
namely:
(a) Secretary or Additional Secretary to the Government of India in the Department of Health and
Family Welfare --chairperson ex officio ;
(b) Joint Secretary to the Government of India in the Department of Health and Family Welfa re,
in charge of mental health member ex officio ;
(c) Joint Secretary to the Government of India in the Department of Ayurveda, Yoga and
Naturopathy, Unani, Siddha and Homeopa thymember ex officio ;
(d) Director General of Health Services member ex officio ;
(e) Joint Secretary to the Government of India in the Department of Disability Affairs of the
Ministry of Social Justice and Empowerment member ex officio ;
(f) Joint Secretar y to the Government of India in the Ministry of Women and Child
Development member ex officio ;
(g) Directors of the Central Institutions for Mental Health members ex officio ;
(h) such other ex officio representatives from the relevant Central Governm ent Ministries or
Departments;
(i) one mental health |
such other ex officio representatives from the relevant Central Governm ent Ministries or
Departments;
(i) one mental health professional as defined in item ( iii) of clause ( r) of sub -section ( 1) of
section 2 having at least fifteen years experience in the field, to be nominated by the Central
Government member;
(j) one psychiatric social worker having at least fifteen years experience in the field, to be
nomi nated by the Central Government member;
(k) one clinical psychologist having at least fifteen years experience in the field, to be nominated
by the C entra l Government member;
(l) one mental health nurse having at least fifteen years experience in the field of mental health, to
be nomin ated by the Central Government member;
(m) two persons representing persons who have or have had mental illness, to be nomi nated by
the Central Government members;
(n) two persons representing care -givers of persons with mental illness or organisations
representing care -givers, to be nomin ated by the Central Government members;
(o) two persons representing non -governmental organisations which provide services to persons
with mental illness, to be nomin ated by the Central Government members;
(p) two persons representing areas relevant to mental health, if considered necessary.
(2) The members referred to in clauses ( h) to ( p) of sub -section ( 1), shall be nominated by the
Central Government in such manner as may be prescribed.
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35. Term of office, salaries and allowances of chairperson and members .(1) The members of
the Central Authority referred to in clauses ( h) to ( p) of su b-section ( 1) of section 34 shall hold office as
such for a term of three years from the date of nomination and shall be eligible for reappointment:
Provided that a member shall not hold office as such after he has attained the age of seventy years.
(2) Th e chairperson and other ex officio members of the Authority shall hold office as such
chairperson or member, as the case may be, so long as he holds the office by virtue of which he is
nominated.
(3) The salaries and allowances payable to, and the other te rms and conditions of service of, the
chairperson and other members shall be such as may be prescribed.
36. Resignation .A member of the Central Authority may, by notice in writing under his hand
addressed to the Central Government, resign his office:
Prov ided that a member shall, unless he is permitted by the Central Government to relinquish his
office sooner, continue to hold office until the expiry of three months from the date of receipt of such
notice or until a person duly appointed as his successor e nters upon the office or until the expiry of his
term of office, whichever is the earliest.
37. Filling of vacancies .The Central Government shall, within two months from the date of
occurrence of any vacancy by reason of death, resignation or removal of a member of the Authority and
three months before the superannuation or completion of the term of office of any member of that
Authority, make nomination for filling up of the vacancy.
38. Vacancies, etc., not to invalidate proceedings of Central Authority .No act or proceeding of
the Central Authority shall be invalid merely by reason of
(a) any vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person as a member of the Authority; or
(c) any irregula rity in the procedure of the Authority not affecting the merits of the case.
39. Member not to participate in meetings in certain cases .Any member having any direct or
indirect interest, whether pecuniary or otherwise, in any matter coming up for consider ation at a meeting
of the Central Authority, shall, as soon as possible after the relevant circumstances have come to his
knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in
the proceedings of the Central Authority, and the member shall not take any part in any deliberation or
decision of the Authority with respect to that matter.
40. Officers and other employees of Central Authority .(1) There shall be a chief executive
officer of the Authority, not below the rank of the Director to the Government of India, to be appointed
by the Central Government.
(2) The Authority may, with the approval of the Central Government, determine the number, nature
and categories of other officers and employees required by the Central Authority in the discharge of its
functions.
(3) The salaries and allowances payable to, and the other terms and conditions of service (including
the qualifications, experience and manner of appointment) of, the chief executive officer and other
officers and employees of the Central Authority shall be such as may be specified by regulations with
the approval of the Central Government.
41. Functions of chief executive officer of Central Authority .(1) The chief executive officer
shall be the legal r epresentative of the Central Authority and shall be responsible for
(a) the day -to-day administration of the Central Authority;
(b) implementing the work programmes and decisions adopted by the Central Authority;
(c) drawing up of proposal for the Central Authority's work programmes;
20
(d) the preparation of the statement of revenue and expenditure and the execution of the budget of
the Central Authority.
(2) Every year, the chief executive officer shall submit to the Central Authority for approval
(a) a ge neral report covering all the activities of the Central Authority in the previous year;
(b) programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year.
(3) The chief executive officer shall have administrative control over the officers and other
employees of the Central Authority.
42. Transfer of assets, liabilities of Central Authority .On the establishment of the Central
Authority
(a) all the assets and liabilities of the Central Authority for Mental Health Services constituted
under sub -section ( 1) of section 3 of the Mental Health Act, 1987 (14 of 1987) shall stand transferred
to, and vested in, the Central Authority.
Explanation .The assets of such Central Authority for Mental Health Services shall be deem ed
to include all rights and powers, and all properties, whether movable or immovable, including, in
particular, cash balances, deposits and all other interests and rights in, or arising out of, such
properties as may be in the possession of such Unique Id entification Authority of India and all books
of account and other documents relating to the same; and liabilities shall be deemed to include all
debts, liabilities and obligations of whatever kind;
(b) without prejudice to the provisions of clause ( a), all data and information collected during
enrolment, all details of authentication performed, debts, obligations and liabilities incurred, all
contracts entered into and all matters and things engaged to be done by, with or for such Central
Authority for Men tal Health Services immediately before that day, for or in connection with the
purpose of the said Central Authority for Mental Health Services, shall be deemed to have been
incurred, entered into or engaged to be done by, with or for, the Central Authorit y;
(c) all sums of money due to the Central Authority for Mental Health Services immediately
before that day shall be deemed to be due to the Central Authority; and
(d) all suits and other legal proceedings instituted or which could have been instituted by or
against such Central Authority for Mental Health Services immediately before that day may be
continued or may be instituted by or against the Central Authority.
43. Functions of Central Authority .(1) The Central Authority shall
(a) register all mental health establishments under the control of the Central Government and
maintain a register of all mental health establishments in the country based on information provided
by all State Mental Health Authorities of registered establishments and compil e update and publish
(including online on the internet) a register of such establishments;
(b) develop quality and service provision norms for different types of mental health
establishments under the Central Government;
(c) supervise all mental health est ablishments under the Central Government and receive
complaints about deficiencies in provision of services;
(d) maintain a national register of clinical psychologists, mental health nurses and psychiatric
social workers based on information provided by al l State Authorities of persons registered to work
as mental health professionals for the purpose of this Act and publish the list (including online on the
internet) of such registered mental health professionals;
21
(e) train all persons including law enforce ment officials, mental health professionals and other
health professionals about the provisions and implementation of this Act;
(f) advise the Central Government on all matters relating to mental healthcare and services;
(g) discharge such other functions with respect to matters relating to mental health as the Central
Government may decide:
Provided that the mental health establishments under the control of the Central Government, before
the commencement of this Act, registered under the Mental Health Act, 1987 (14 of 1987) or any other
law for the time being in force, shall be deemed to have been registered under the provisions of this Act
and copy of such registration shall be furnished to the Central Authority.
(2) The procedure for registration (includi ng the fees to be levied for such registration) of the mental
health establishments under this section shall be such as may be prescribed by the Central Government.
44. Meetings of Central Authority .(1) The Central Authority shall meet at such times (not less
than twice in a year) and places and shall observe such rules of procedure in regard to the transaction of
business at its meetings (including quorum at such meetings) as may be specified by regulations made
by the Central Authority.
(2) If the chairp erson, for any reason, is unable to attend a meeting of the Central Authority, the
senior -most member shall preside over the meeting of the Authority.
(3) All questions which come up before any meeting of the Authority shall be decided by a majority
of vot es by the members present and voting and in the event of an equality of votes, the chairperson or
in his absence the member presiding over shall have a second or casting vote.
(4) All decisions of the Central Authority shall be authenticated by the signatu re of the chairperson
or any other member authorised by the Central Authority in this behalf.
(5) If any member, who is a director of a company and who as such director, has any direct or
indirect pecuniary interest in any manner coming up for consideratio n at a meeting of the Central
Authority, he shall, as soon as possible after relevant circumstances have come to his knowledge,
disclose the nature of his interest at such meeting and such disclosure shall be recorded in the
proceedings of the Authority, a nd the member shall not take part in any deliberation or decision of the
Authority with respect to that matter.
CHAPTER VII I
STATE MENTAL HEALTH AUTHORITY
45. Establishment of State Authority .Every State Government shall, within a period of nine
months from the date on which this Act receives the assent of the President, by notification,
establish, for the purposes of this Act, an Authority to be known as the State Mental Health
Authority.
46. Composition of State Authority .(1) The State Authority shall consist of the following
chairperson and members:
(a) Secretary or Principal Secretary in the Department of Health of State Government
chairperson ex officio ;
(b) Joint Secretary in the Department of Health of the State Government, in charge of mental
health member ex officio ;
(c) Director of Health Services or Medical Education member ex officio ;
(d) Joint Secretary in the Department of Social Welfare of the State Government member
ex officio ;
(e) such other ex officio representatives from the relevant State Government Ministries or
Departments;
22
(f) Head of any of the Mental Hospitals in the State or Head of Department of Psychiatry at any
Government Medical College, to be nom inated by the State Government member;
(g) one eminent psychiatrist f rom the State not in Government service to be nom inated by the
State Government member;
(h) one mental health professional as defined in item ( iii) of clause ( q) of sub -section ( 1) of
section 2 having at least fifteen years experience in the field, to be nominated by th e State
Government member;
(i) one psychiatric social worker having at least fifteen years experience in the field, to be
nominated by the State Government member;
(j) one clinical psychologist having at least fifteen ye ars experience in the field, to be nom inated
by the State Government member;
(k) one mental health nurse having at least fifteen years experience in the field of mental health,
to be nom inated by the State Government member;
(l) two persons representing pe rsons who have or have had mental illness, to be nom inated by the
State Government member;
(m) two persons representing care -givers of persons with mental illness or organisations
representing care -givers, to be nom inated by the State Government members;
(n) two persons representing non -governmental organisations which provide services to persons
with mental illness, to be nom inated by the State Government members.
(2) The members referred to in clauses ( e) to ( n) of sub -section ( 1), shall be nominated by the State
Government in such manner as may be prescribed.
47. Term of office, salaries and allowances of chairperson and other members .(1) The
members of the State Authority referred to in clauses ( e) to ( n) of sub -section ( 1) of section 46 shall
hold off ice as such for a term of three years from the date of nomination and shall be eligible for
reappointment:
Provided that a member shall not hold office as such after he has attained the age of seventy years.
(2) The chairperson and other ex officio members of the State Authority shall hold office as such
chairperson or member, as the case may be, so long as he holds the office by virtue of which he is
nominated.
(3) The salaries and allowances payable to, and the other terms and conditions of servic e of, the
chairperson and other members shall be such as may be prescribed.
48. Resignation .A member of the State Authority may, by notice in writing under his hand
addressed to the State Government, resign his office:
Provided that a member shall, unless he is permitted by the State Government to relinquish his office
sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or
until a person duly appointed as his successor enters upon office or until the exp iry of his term of office,
whichever is the earliest.
49. Filling of vacancies .The State Government shall, within two months from the date of
occurrence of any vacancy by reason of death, resignation or removal of a member of the Authority and
three month s before the superannuation or completion of the term of office of any member of that
Authority, make nomination for filling up of the vacancy.
50. Vacancies, etc., not to invalidate proceedings of State Authority .No act or proceeding of
the State Authority shall be invalid merely by reason of
(a) any vacancy in, or any defect in the constitution of, the State Authority; or
23
(b) any defect |
a) any vacancy in, or any defect in the constitution of, the State Authority; or
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(b) any defect in the appointment of a person as a member of the State Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case .
51. Member not to participate in meetings in certain cases .Any member having any direct or
indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting
of the State Authority, shall, as soon as possible after the relevant circumstances have come to his
knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in
the proceedings of the State Authority, and the member shall not take any part in any deliberation or
decision of the State Authority with respect to that matter.
52. Officers and other employees of State Authority .(1) There shall be a chief executive officer
of the State Autho rity, not below the rank of the Deputy Secretary to the State Government, to be
appointed by the State Government.
(2) The State Authority may, with the approval of the State Government, determine the number,
nature and categories of other officers and emp loyees required by the State Authority in the discharge of
its functions.
(3) The salaries and allowances payable to, and the other terms and conditions of service (including
the qualifications, experience and manner of appointment) of, the chief executive officer and other
officers and employees of the State Authority shall be such as may be specified by regulations with the
approval of the State Government.
53. Functions of chief executive officer of State Authority .(1) The chief executive officer shall
be the legal representative of the State Authorit y and shall be responsible for
(a) the day -to-day administration of the State Authority;
(b) implementing the work programmes and decisions adopted by the State Authority;
(c) drawing up of proposal for the State Authority's work programmes;
(d) the preparation of the statement of revenue and expenditure and the execution of the budget of
the State Authority.
(2) Every year, the chief executive officer shall submit to th e State Authority for approval
(a) a general report covering all the activities of the Authority in the previous year;
(b) programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year.
(3) The chief executive officer shall have administrative contr ol over the officers and other
employees of the State Authority.
54. Transfer of assets, liabilities of State Authority .On and from the establ ishment of the State
Authority
(a) all the assets and liabilities of the State Authority for Mental Health Servi ces constituted under
sub-section ( 1) of section 4 of the Mental Health Act, 1987 (14 of 1987) shall stand transferred to,
and vested in, the State Authority.
Explanation. The assets of such State Authority for Mental Health Services shall be deemed to
include all rights and powers, and all properties, whether movable or immovable, including, in
particular, cash balances, deposits and all other interests and rights in, or arising out of, such
properties as may be in the possession of such State Authority fo r Mental Health Services and all
books of account and other documents relating to the same; and liabilities shall be deemed to include
all debts, liabilities and obligations of whatever kind;
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(b) without prejudice to the provisions of clause ( a), all data and information collected during
enrolment, all details of authentication performed, debts, obligations and liabilities incurred, all
contracts entered into and all matters and things engaged to be done by, with or for such State
Authority for Mental Healt h Services immediately before that day, for or in connection with the
purpose of the said State Authority for Mental Health Services, shall be deemed to have been
incurred, entered into or engaged to be done by, with or for, the State Authority;
(c) all su ms of money due to the State Authority for Mental Health Services immediately before
that day shall be deemed to be due to the State Authority; and
(d) all suits and other legal proceedings instituted or which could have been instituted by or
against such State Authority for Mental Health Services immediately before that day may be
continued or may be instituted by or against the State Authority.
55. Functions of State Authority .(1) The State Authority shall
(a) register all mental health establishments i n the State except those referred to in section 43 and
maintain and publish (including online on the internet) a register of such establishments;
(b) develop quality and service provision norms for different types of mental health
establishments in the Sta te;
(c) supervise all mental health establishments in the State and receive complaints about
deficiencies in provision of services;
(d) register clinical psychologists, mental health nurses and psychiatric social workers in the State
to work as mental heal th professionals, and publish the list of such registered mental health
professionals in such manner as may be specified by regulations by the State Authority;
(e) train all relevant persons including law enforcement officials, mental health professionals and
other health professionals about the provisions and implementation of this Act;
(f) discharge such other functions with respect to matters relating to mental health as the State
Government may decide:
Provided that the mental health establishments in the State (except those referred to in section 43),
registered, before the commencement of this Act, under the Mental Health Act, 1987 (14 of 1987) or
any other law for the time being in force, shall be deemed to have been registered under the provisions
of this Act and copy of such registration shall be furnished to the State Authority.
(2) The procedure for registration (including the fees to be levied for such registration) of the mental
health establishments under this section shall be such as may be pr escribed by the State Government.
56. Meetings of State Authority .(1) The State Authority shall meet at such times (not less than
four times in a year) and places and shall observe such rules of procedure in regard to the transaction of
business at its me etings (including quorum at such meetings) as may be specified by regulations made
by the State Authority.
(2) If the chairperson, for any reason, is unable to attend a meeting of the State Authority, the senior -
most member shall preside over the meetings of the Authority.
(3) All questions which come up before any meeting of the State Authority shall be decided by a
majority of votes by the members present and voting and in the event of an equality of votes, the
chairperson or in his absence the member pre siding over shall have a second or casting vote.
(4) All decisions of the State Authority shall be authenticated by the signature of the chairperson or
any other member authorised by the State Authority in this behalf.
(5) If any member, who is a director of a company and who as such director, has any direct or
indirect pecuniary interest in any manner coming up for consideration at a meeting of the State
Authority, he shall, as soon as possible after relevant circumstance s have come to his knowledge,
disclose the nature of his interest at such meeting and such disclosure shall be recorded in the
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proceedings of the Authority, and the member shall not take part in any deliberation or decision of the
State Authority with resp ect to that matter.
CHAPTER IX
FINANCE, ACCOUNTS AND AUDIT
57. Grants by Central Government to Central Authority .The Central Government may, after
due appropriation made by Parliament by law in this behalf, make to the Central Authority grants of
such sums of money as the Central Government may think fit for being utilised for the purposes of this
Act.
58. Central Mental Health Authority Fund .(1) There shall be constituted a Fund to be called the
Central Mental Health Authority Fund and there shall be credited thereto
(i) any grants and loans made to the Authority by the Central Government;
(ii) all fees and charges received by the Authority under this Act; and
(iii) all sums received by the Authority from such other sources as may be decided upon by the
Central Government.
(2) The Fund referred to in sub -section ( 1) shall be applied for meeting the salary, allowances and
other remuneration of the chairperson, other members, chief executive officer, other officers and
employees of the Authority and the expenses of the Authority incurred in the discharge of its functions
and for purposes of this Act.
59. Accounts and audit of Central Authority .(1) The Central Authority shall maintain proper
accounts and other relevant records and prepare an annual state ment of accounts in such form as may be
prescribed by the Central Government, in consultation with the Comptroller and Auditor -General of
India.
(2) The accounts of the Authority shall be audited by the Comptroller and Auditor -General of India
at such inte rvals as may be specified by him and any expenditure incurred in connection with such audit
shall be payable by the Authority to the Comptroller and Auditor -General of India.
(3) The Comptroller and Auditor -General of India and any other person appointed b y him in
connection with the audit of the accounts of the Authority shall have the same rights and privileges and
authority in connection with such audit as the Comptroller and Auditor -General generally has in
connection with the audit of the Government ac counts 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 office of the Authority.
(4) The accounts of the Authority as certified by the Comptrol ler and Auditor -General of India or
any other person appointed by him in this behalf together with the audit report thereon, shall be
forwarded annually to the Central Government by the Authority and the Central Government shall cause
the same to be laid b efore each House of Parliament.
60. Annual report of Central Authority .The Central Authority shall prepare in every year, in
such form and at such time as may be prescribed by the Central Government, an annual report giving a
full account of its activities during the previous year, and copies thereof along with copies of its annual
accounts and auditor's report shall be forwarded to the Central Government and the Central Government
shall cause the same to be laid before both Houses of Parliament.
61. Grants by State Government .The State Government may, after due appropriation made by
State Legislature by law in this behalf, make to the State Authority grants of such sums of money as the
State Government may think fit for being utilised for the pur poses of this Act.
62. State Mental Health Authority Fund .(1) There shall be constituted a Fund to be called the
State Mental Health Authority Fund and t here shall be credited thereto
(i) any grants and loans made to the State Authority by the State Gove rnment;
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(ii) all fees and charges received by the Authority under this Act; and
(iii) all sums received by the State Authority from such other sources as may be decided upon by
the State Government.
(2) The Fund referred to in sub -section ( 1) shall be applied for meeting the salary, allowances and
other remuneration of the chairperson, other members, chief executive officer, other officers and
employees of the State Authority and the expenses of the State Authority incurred in the discharge of its
funct ions and for purposes of this Act.
63. Accounts and audit of State Authority .(1) The State Authority shall maintain proper
accounts and other relevant records and prepare an annual statement of accounts in such form as may be
prescribed by the State Gover nment, in consultation with the Comptroller and Auditor -General of India.
(2) The accounts of the State Authority shall be audited by the Comptroller and Auditor -General of
India at such intervals as may be specified by him and any expenditure incurred in connection with such
audit shall be payable by the State Authority to the Comptroller and Auditor -General of India.
(3) The Comptroller and Auditor -General of India and any other person appointed by him in
connection with the audit of the accounts of the S tate Authority shall have the same rights and privileges
and authority in connection with such audit as the Comptroller and Auditor -General generally has in
connection with the audit of the Government accounts and, in particular, shall have the right to de mand
the production of books, accounts, connected vouchers and other documents and papers and to inspect
any of the office of the State Authority.
64. Annual report of State Authority .The State Authority shall prepare in every year, in such
form and at su ch time as may be prescribed by the State Government, an annual report giving a full
account of its activities during the previous year, and copies thereof along with copies of its annual
accounts and auditor's report shall be forwarded to the State Govern ment and the Government shall
cause the same to be laid before the State Legislature.
CHAPTER X
MENTAL HEALTH ESTABLISHMENTS
65. Registration of mental health establishment .(1) No person or organisation shall establish or
run a mental health establishment unless it has been registered with the Authority under the provisions
of this Act.
Explanation .For the purposes of this Chapter, th e expression Authority means
(a) in respect of the mental health establishments under the control of the Central Government,
the Central Authority;
(b) in respect of the mental health establishments in the State [not being the health establishments
referred to in clause ( a)], the State Authority.
(2) Every person or organisation who proposes to establish or run a men tal health establishment shall
register the said establishment with the Authority under the provisions of this Act:
Provided that the Central Government, may, by notification, exempt any category or class of existing
mental health establishments from the r equirement of registration under this Act.
Explanation .In case a mental health establishment has been registered under the Clinical
Establishments (Registration and Regulation) Act, 2010 (23 of 2010) or any other law for the time being
in force in a State , such mental health establishment shall submit a copy of the said registration along
with an application in such form as may be prescribed to the Authority with an undertaking that the
mental health establishment fulfils the minimum standards, if any, spe cified by the Authority for the
specific category of mental health establishment.
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(3) The Authority shall, on receipt of application under sub -section ( 2), on being satisfied that such
mental health establishment fulfils the standards specified by the Auth ority, issue a certificate of
registration in such form as may be prescribed:
Provided that till the period the Authority specifies the minimum standards for different categories of
mental health establishments, it shall issue a provisional certificate of registration to the mental health
establishment:
Provided further that on specifying the minimum standards for different categories of mental health
establishments, the mental health establishment referred to in the first proviso shall, within a period of
six months from the date such standards are specified, submit to the Authority an undertaking stating
therein that such establishment fulfils the specified minimum standards and on being satisfied that such
establishment fulfils the minimum standards, the Authority shall issue a certificate of registration to
such mental health establishment.
(4) Every mental health establishment shall, for the purpose of registration and continuation of
regist ration, fulfil
(a |
(4) Every mental health establishment shall, for the purpose of registration and continuation of
regist ration, fulfil
(a) the minimum standards of facilities and serv ices as may be specified by regulations made by
the Authority;
(b) the minimum qualifications for the personnel engaged in such establishment as may be
specified by regulations made by the Authority;
(c) provisions for maintenance of records and reporting as may be specified by regulations made
by the Authority; and
(d) any other conditions as may be specified by regulations made by the Authority.
(5) The Authority may
(a) classify mental health establishments into such different categories, as may be specified by
regulations made by the Central Authority;
(b) specify different standards for different categories of mental health establishments;
(c) while specifying the minimum standards for mental health establishments, have regard to local
conditions.
(6) Notwithstanding anything in this section, the Authority shall, within a period of eighteen months
from the commencement of this Act, by notification, specify the minimum standards for different
categories of mental health establishments.
66. Procedure for registration, inspection and inquiry of mental health
establishments .(1) The mental health establishment shall, for the purpose of registration, submit an
application, in such form, accompanied with such details and fees, as may be presc ribed, to the
Authority.
(2) The mental health establishment may submit the application in person or by post or online.
(3) Every mental health establishment, existing on the date of commencement of this Act, shall,
within a period of six months from the date of constitution of the Authority, submit an application for its
provisional registration to the Authority.
(4) The Aut hority shall, within a period of ten days from the date of receipt of such application, issue
to the mental health establishment a certificate of provisional registration in such form and containing
such particulars and information as may be prescribed.
(5) The Authority shall not be required to conduct any inquiry prior to issue of provisional
registration.
(6) The Authority shall, within a period of forty -five days from the date of provisional registration,
publish in print and in digital form online, all particulars of the mental health establishment.
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(7) A provisional registration shall be valid for a period of twelve months from the date of its issue
and be renewable.
(8) Where standards for particular categories of mental health establishments have bee n specified
under this Act, the mental health establishments in that category shall, within a period of six months
from date of notifying such standards, apply for that category and obtain permanent registration.
(9) The Authority shall publish the standar ds in print and online in digital format.
(10) Until standards for particular categories of mental health establishments are specified under this
Act, every mental health establishment shall, within thirty days before the expiry of the validity of
certific ate of provisional registration, apply for a renewal of provisional registration.
(11) If the application is made after the expiry of provisional registration, the Authority shall allow
renewal of registration on payment of such fees, as may be prescribed.
(12) A mental health establishment shall make an application for permanent registration to the
Authority in such form and accompanied with such fees as may be specified by regulations.
(13) The mental health establishment shall submit evidence that the es tablishment has complied with
the specified minimum standards in such manner as may be specified by regulations by the Authority.
(14) As soon as the mental health establishment submits the required evidence of the mental health
establishment having compli ed with the specified minimum standards, the Authority shall give public
notice and display the same on its website for a period of thirty days, for filing objections, if any, in
such manner as may be specified by regulations.
(15) The Authority shall, com municate the objections, if any, received within the period referred to
in sub -section ( 14), to the mental health establishment for response within such period as the Authority
may determine.
(16) The mental health establishment shall submit evidence of co mpliance with the standards with
reference to the objections communicated to such establishment under sub -section ( 15), to the Authority
within the specified period.
(17) The Authority shall on being satisfied that the mental health establishment fulfils t he specified
minimum standards for registration, grant permanent certificate of registration to such establishment.
(18) The Authority shall, within a period of forty -five days after the expiry of the period specified
under this section, pass an order, either
(a) grant permanent certificate of registration; or
(b) reject the application after recording the reasons thereof:
Provided that in case the Authority rejects the application under clause ( b), it shall grant such period
not exceeding six months, to the mental health establishment for rectification of the deficiencies which
have led to rejection of the application and such establishment may apply afresh for registration.
(19) Notwithstanding anything contained in this section, if the Authority has neither communicated
any objections received by it to the mental health establishment under sub -section ( 15), nor has passed
an order under sub -section ( 18), the registration shall be deemed to have been granted by the Authority
and the Authority shall pro vide a permanent certificate of registration.
67. Audit of mental health establishment .(1) The Authority shall cause to be conducted an audit
of all registered mental health establishments by such person or persons (including representatives of the
local community) as may be prescribed, every three years, so as to ensure that such mental health
establishments comply with the requirements of minimum standards for registration as a mental health
establishment.
(2) The Authority may charge the mental health e stablishment such fee as may be prescribed, for
conducting the audit under this section.
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(3) The Authority may issue a show cause notice to a mental health establishment as to why its
registration under this Act not be cancelled, if the Authority is satisfied that
(a) the mental health establishment has failed to maintain the minimum standards specified by the
Authority; or
(b) the person or persons or entities entrusted with the management of the mental health
establishment have been convicted of an offence under this Act; or
(c) the mental health establishment violates the rights of any person with mental illness.
(4) The Authority may, after giving a reasonable opportunity to the mental health establishment, if
satisfied that the mental health esta blishment falls under clause ( a) or clause ( b) or clause ( c) of
sub-section ( 3), without prejudice to any other action which it may take against the mental health
establishment, cancel its registration.
(5) Every order made under sub -section ( 4) shall take effect
(a) where no appeal has been preferred against such order, immediately on the expiry of the
period specified for preferring of appeal; and
(b) where the appeal has been preferred against such an order and the appeal has been dismissed,
from the date of the order of dismissal.
(6) The Authority shall, on cancellation of the registration for reasons to be recorded in writing,
restrain immediately the mental health establishment from carrying on its operations, if there is
imminent danger t o the health and safety of the persons admitted in the mental health establishment.
(7) The Authority may cancel the registration of a mental health establishment if recommended by
the Board to do so.
68. Inspection and inquiry .(1) The Authority may, suo motu or on a complaint received from any
person with respect to non -adherence of minimum standards specified by or under this Act or
contravention of any provision thereof, order an inspection or inquiry of any mental health
establishment, to be made by su ch person as may be prescribed.
(2) The mental health establishment shall be entitled to be represented at such inspection or inquiry.
(3) The Authority shall communicate to the mental health establishment the results of such
inspection or inquiry and may after ascertaining the opinion of the mental health establishment, order
the establishment to make necessary changes within such period as may be specified by it.
(4) The mental health establishment shall comply with the order of the Authority made under
sub-section ( 3).
(5) If the mental health establishment fails to comply with the order of the Authority made under
sub-section ( 3), the Authority may cancel the registration of the mental health establishment.
(6) The Authority or any person authorised by it may, if there is any reason to suspect that any
person is operating a mental health establishment without registration, enter and search in such manner
as may be prescribed, and the mental health establishment shall co -operate with such in spection or
inquiry and be entitled to be represented at such inspection or inquiry.
69. Appeal to High Court against order of Authority .Any mental health establishment
aggrieved by an order of the Authority refusing to grant registration or renewal of registration or
cancellation of registration, may, within a period of thirty days from such order, prefer an appeal to the
High Court in the State:
Provided that the High Court may entertain an appeal after the expiry of the said period of thirty
days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the
period of thirty days.
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70. Certificates, fees and register of mental health establishments .(1) Every mental health
establishment shall display the certificate of registration in a conspicuous place in the mental health
establishment in such manner so as to be visible to everyone visiting the mental health establishment.
(2) In case the certificate is destroyed or lost or mutilated or damaged, the Authority may issue a
duplicate certificate on the request of the mental health establishment and on the payment of such fees
as may be prescribed.
(3) The certificate of registration shall be non -transferable and valid in case of change of ownership
of the establishmen t.
(4) Any change of ownership of the mental health establishment shall be intimated to the Authority
by the new owner within one month from the date of change of ownership.
(5) In the event of change of category of the mental health establishment, such establishment shall
surrender the certificate of registration to the Authority and the mental health establishment shall apply
afresh for grant of certificate of registration in that category.
71. Maintenance of register of mental health establishment in d igital format .The Authority
shall maintain in digital format a register of mental health establishments, registered by the Authority, to
be called the Register of Mental Health Establishments and shall enter the particulars of the certificate
of registration so granted in a separate register to be maintained in such form and manner as may be
prescribed.
72. Duty of mental health establishment to display information .(1) Every mental health
establishment shall display within the establishment at co nspicuous place (including on its website), the
contact details including address and telephone numbers of the concerned Board.
(2) Every mental health establishment shall provide the person with necessary forms to apply to the
concerned Board and also giv e free access to make telephone calls to the Board to apply for a review of
the admission.
CHAPTER XI
MENTAL HEALTH REVIEW BOARDS
73. Constitution of Mental Health Review Boards .(1) The State Authority shall, by notification,
constitute Boards to be called the Mental Health Review Boards, for the purposes of this Act.
(2) The requisite number, location and the jurisdiction of the Boards shall be specified by the State
Authority in consultation with the State Governments concerned.
(3) The constitution of the Boards by the State Authority for a district or group of districts in a State
under this section shall be such as may be prescribed by the Central Government.
(4) While making rules under sub -section ( 3), the Central Government shall have re gard to the
following, namely:
(a) the expected or actual workload of the Board in the State in which such Board is to be
constituted;
(b) number of mental health establishments existing in the State;
(c) the number of persons with mental illness;
(d) pop ulation in the district in which the Board is to be constituted;
(e) geographical and climatic conditions of the district in which the Board is to be constituted.
74. Composition of Board .(1) Each Board shall consist of
(a) a District Judge, or an officer of the State judicial services who is qualified to be appointed as
District Judge or a retired District Judge who shall be chairperson of the Board;
31
(b) representative of the District Collector or District Magistrate or Deputy Commissioner of the
districts in which the Board is to be constituted;
(c) two members of whom one shall be a psychiatrist and the other shall be a medical practitioner.
(d) two members who shall be persons with mental illness or care -givers or persons representing
organisatio ns of persons with mental illness or care -givers or non -governmental organisations
working in the field of mental health.
(2) A person shall be disqualified to be appointed as the chairperson or a member of a Board or be
removed by the State Authority, if he
(a) has been convicted and sentenced to imprisonment for an offence which involves moral
turpitude; or
(b) is adjudged as an insolvent; or
(c) has been removed or dismissed from the service of the Government or a body corpor ate
owned or controlled by the Government; or
(d) has such financial or other interest as is likely to prejudice the discharge of his functions as a
member; or
(e) has such other disqualifications as may be prescribed by the Central Government.
(3) A chair person or member of a Board may resign his office by notice in writing under his hand
addressed to the Chairperson of the State Authority and on such resignation being accepted, the vacancy
shall be filled by appointment of a person, belonging to the categ ory under sub -section ( 1) of section 74.
75. Terms and conditions of service of chairperson and members of Board .(1) The
chairperson and members of the Board shall hold office for a term of five years or up to the age of
seventy years, whichever is earlie r and shall be eligible for reappointment for another term of five years
or up to the age of seventy years whichever is earlier.
(2) The appointment of chairperson and members of every Board shall be made by the Chairperson
of the State Authority.
(3) The honorarium and other allowances payable to, and the other terms and conditions of service
of, the chairperson and members of the Board shall be such as may be prescribed by the Central
Government.
76. Decisions of Authority and Board .(1) The decisions of the Authority or the Board, as the
case may be, shall be by consensus, failing which by a majority of votes of members present and voting
and in the event of equality of votes, the president or the chairperson, as the case may be, shall have a
second or ca sting vote.
(2) The quorum of a meeting of the Authority or the Board, as the case may be, shall be three
members.
77. Applications to Board .(1) Any person with mental illness or his nominated representative or
a representative of a registered non -governm ental organisation, with the consent of such a person, being
aggrieved by the decision of any of the mental health establishment or whose rights under this Act have
been violated, may make an application to the Board seeking redressal or appropriate relief .
(2) There shall be no fee or charge levied for making such an application.
(3) Every application referred to in sub -section ( 1) shall contain the name of applicant, his contact
details, the details of the violation of his rights |
to in sub -section ( 1) shall contain the name of applicant, his contact
details, the details of the violation of his rights, the mental health establishment or any other place where
such violation took place and the redressal sought from the Board.
(4) In exceptional circumstances, the Board may accept an application made orally or over telephone
from a person admitted to a mental health establis hment.
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78. Proceedings before Board to be judicial proceedings .All proceedings before the Board shall
be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian
Penal Code (45 of 1860).
79. Meetings The Board shall meet at such times and places and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may be specified by regulations
made by the Central Authority.
80. Proceedings before Board .(1) The Board, on receipt of an application under sub -section ( 1)
of section 85, shall, subject to the provisions of this section, endeavour to hear and dispose of the same
within a period of ninety days.
(2) The Board shall dispose of an application
(a) for appointment of nominated representative under clause ( d) of sub -section ( 4) of section 14;
(b) challenging admission of a minor under section 87;
(c) challenging supported admission under sub -section ( 10) or sub -section ( 11) of section 89,
within period of seven da ys from the date of receipt of such applications.
(3) The Board shall dispose of an application challenging supported admission under section 90
within a period of twenty -one days from the date of receipt of the application.
(4) The Board shall dispose of an application, other than an application referred to in sub -section ( 3),
within a period of ninety days from the date of filing of the application.
(5) The proceeding of the Board shall be held in camera .
(6) The Board shall not ordinarily grant an adjournment for the hearing.
(7) The parties to an application may appear in person or be represented by a counsel or a
representative of their choice.
(8) In respect of any application concerning a person with mental illness, the Board shall hold the
hearings and conduct the proceedings at the mental health establishment where such person is admitted.
(9) The Board may allow any persons other than those directly interested with the application, with
the permission of the person with mental illness and the chairperson of the Board, to attend the hearing.
(10) The person with mental illness whose matter is being heard shall have the right to give oral
evidence to the Board, if such person desires to do so.
(11) The Board shall have the power to require the at tendance and testimony of such other witnesses
as it deems appropriate.
(12) The parties to a matter shall have the right to inspect any document relied upon by any other
party in its submissions to the Board and may obtain copies of the same.
(13) The Boa rd shall, within five days of the completion of the hearing, communicate its decision to
the parties in writing.
(14) Any member who is directly or indirectly involved in a particular case, shall not sit on the Board
during the hearings with respect to tha t case.
81. Central Authority to appoint Expert Committee to prepare guidance document .(1) The
Central Authority shall appoint an Expert Committee to prepare a guidance document for medical
practitioners and mental health professionals, containing procedures for assessing, when necessary or
the capacity of persons to make mental health care or treatment decisions.
(2) Every medical practitioner and mental health professional shall, while assessing capacity of a
person to make mental healthcare or tr eatment decisions, comply with the guidance document referred
to in sub -section ( 1) and follow the procedure specified therein.
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82. Powers and functions of Board .(1) Subject to the provisions of this Act, the powers and
functions of the Board shall, inclu de all or any of the following matters, namely:
(a) to register, review, alter, modify or cancel an advance directive;
(b) to appoint a nominated representative;
(c) to receive and decide application from a person with mental illness or his nominated
representative or any other interested person against the decision of medical officer or mental health
professional in charge of mental health establishment or mental health establishment under section
87 or section 89 or section 90;
(d) to receive and dec ide applications in respect non -disclosure of information specified under
sub-section ( 3) of section 25;
(e) to adjudicate complaints regarding deficiencies in care and services specified under
section 28;
(f) to visit and inspect prison or ja ils and seek clarifications from the medical officer in -charge of
health services in such prison or jail.
(2) Where it is brought to the notice of a Board or the Central Authority or State Authority, that a
mental health establishment violates the rights o f persons with mental illness, the Board or the Authority
may conduct an inspection and inquiry and take action to protect their rights.
(3) Notwithstanding anything contained in this Act, the Board, in consultation with the Authority,
may take measures to protect the rights of persons with mental illness as it considers appropriate.
(4) If the mental health establishment does not comply with the orders or directions of the Authority
or the Board or wilfully neglects such order or direction, the Authority or the Board, as the case may be,
may impose penalty which may extend up to five lakh rupees on such mental health establishment and
the Authority on its own or on the recommendations of the Board may also cancel the registration of
such mental health esta blishment after giving an opportunity of being heard.
83. Appeal to High Court against order of Authority or Board .Any person or establishment
aggrieved by the decision of the Authority or a Board may, within a period of thirty days from such
decision, pr efer an appeal to the High Court of the State in which the Board is situated:
Provided that the High Court may entertain an appeal after the expiry of the said period of thirty
days, if it is satisfied that the appellant had sufficient cause for not prefer ring the appeal within the
period of thirty days.
84. Grants by Central Government .(1) The Central Government may, make to the Central
Authority grants of such sums of money as the Central Government may think fit for being utilised for
the purposes of this Act.
(2) The grants referred to in sub -section ( 1) shall be applied for,
(a) meeting the salary, allowances and other remuneration of the chairperson, members, officers
and other employees of the Central Authority;
(b) meeting the salary, allowances and other remuneration of the chairperson, members, officers
and other employees of the Boards; and
(c) the expenses of the Central Authority and the Boards incurred in the discharge of their
functions and for the purposes of this Act.
CHAPTER XII
ADMISSION, TREATMENT AND DISCHARGE
85. Admission of person with mental illness as independent patient in mental health
establishment .(1) For the purposes of this Act, independent patient or an independent admission
refers to the admission of person with mental illness, to a mental health establishment, who has the
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capacity to make mental healthcare and treatment decisions or requires minimal support in making
decisions.
(2) All admissions in the mental health establ ishment shall, as far as possible, be independent
admissions except when such conditions exist as make supported admission unavoidable.
86. Independent admission and treatment .(1) Any person, who is not a minor and who
considers himself to have a mental i llness and desires to be admitted to any mental health establishment
for treatment may request the medical officer or mental health professional in charge of the
establishment to be admitted as an independent patient.
(2) On receipt of such request under s ub-section ( 1), the medical officer or mental health
professional in charge of the establishment shall admit the person to the establishment if the medical
officer or mental health professional is satisfied that
(a) the person has a mental illness of a se verity requiring admission to a mental health
establishment;
(b) the person with mental illness is likely to benefit from admission and treatment to the mental
health establishment;
(c) the person has understood the nature and purpose of admission to the m ental health
establishment, and has made the request for admission of his own free will, without any duress or
undue influence and has the capacity to make mental healthcare and treatment decisions without
support or requires minimal support from others in making such decisions.
(3) If a person is unable to understand the purpose, nature, likely effects of proposed treatment and of
the probable result of not accepting the treatment or requires a very high level of support approaching
hundred per cent. suppo rt in making decisions, he or she shall be deemed unable to understand the
purpose of the admission and therefore shall not be admitted as independent patient under this section.
(4) A person admitted as an independent patient to a mental health establishm ent shall be bound to
abide by order and instructions or bye -laws of the mental health establishment.
(5) An independent patient shall not be given treatment without his informed consent.
(6) The mental health establishment shall admit an independent patient on his own request, and shall
not require the consent or presence of a nominated representative or a relative or care -giver for
admitting the person to the mental health establishment.
(7) Subject to the provisions contained in section 88 an independent patient may get himself
discharged from the mental health establishment without the consent of the medical officer or mental
health professional in charge of such establishment.
87. Admissi on of minor .(1) A minor may be admitted to a mental health establishment only after
following the procedure laid down in this section.
(2) The nominated representative of the minor shall apply to the medical officer in charge of a
mental health establishm ent for admission of the minor to the establishment.
(3) Upon receipt of such an application, the medical officer or mental health professional in charge
of the mental health establishment may admit such a minor to the establishment, if two psychiatrists, or
one psychiatrist and one mental health professional or one psychiatrist and one medical practitioner,
have independently examined the minor on the day of admission or in the preceding seven days and
both independently conclude based on the examination a nd, if appropriate, on informa tion provided by
others, that,
(a) the minor has a mental illness of a severity requiring admission to a mental health
establishment;
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(b) admission shall be in the best interests of the minor, with regard to his health, well -being or
safety, taking into account the wishes of the minor if ascertainable and the reasons for reaching this
decision;
(c) the mental healthcare needs of the minor cannot be fulfilled unless he is admitted; and
(d) all community based alternatives to ad mission have been shown to have failed or are
demonstrably unsuitable for the needs of the minor.
(4) A minor so admitted shall be accommodated separately from adults, in an environment that takes
into account his age and developmental needs and is at leas t of the same quality as is provided to other
minors admitted to hospitals for other medical treatments.
(5) The nominated representative or an attendant appointed by the nominated representative shall
under all circumstances stay with the minor in the mental health establishment for the entire duration of
the admission of the minor to the mental health establishment.
(6) In the case of minor girls, where the nominated representative is male, a female attendant shall be
appointed by the nominated represe ntative and under all circumstances shall stay with the minor girl in
the mental health establishment for the entire duration of her admission.
(7) A minor shall be given treatment with the informed consent of his nominated representative.
(8) If the nomin ated representative no longer supports admission of the minor under this section or
requests discharge of the minor from the mental health establishment, the minor shall be discharged by
the mental health establishment.
(9) Any admission of a minor to a me ntal health establishment shall be informed by the medical
officer or mental health professional in charge of the mental health establishment to the concerned
Board within a period of seventy -two hours.
(10) The concerned Board shall have the right to visi t and interview the minor or review the medical
records if the Board desires to do so.
(11) Any admission of a minor which continues for a period of thirty days shall be immediately
informed to the concerned Board.
(12) The concerned Board shall carry out a mandatory review within a period of seven days of being
informed, of all admissions of minors continuing beyond thirty days and every subsequent thirty days.
(13) The concerned Board shall at minimum, review the clinical records of the minor and may
interview the minor if necessary.
88. Discharge of independent patients .(1) The medical officer or mental health professional in
charge of a mental health establishment shall discharge from the mental health establishment any person
admitted under section 86 as an independent patient immediately on request made by such person or if
the person disagrees with his admission under section 86 subject to the provisions of sub -section ( 3).
(2) Where a minor has been admitted to a mental health establishment under section 87 and attains
the age of eighteen years during his stay in the mental health establishment, the medical officer in
charge of the mental health establishment shall classify him as an independent patient under section 86
and all provisions of this A ct as applicable to independent patient who is not minor, shall apply to such
person.
(3) Notwithstanding anything contained in this Act, a mental health professional may prevent
discharge of a person admitted as an independent person under section 86 for a period of twenty -four
hours so as to allow his assessment necessary for admission under section 89 if the mental health
profession al is of the opinion that
(a) such person is unable to understand the nature and purpose of his decisions and requires
substantial or very high support from his nominated representative; or
36
(b) has recently threatened or attempted or is threatening or attempting to cause bodily harm to
himself; or
(c) has recently behaved or is behaving violently towards another person or has caused or is
causing another person to fear bodily harm from him; or
(d) has recently shown or is showing an inability to care for himself to a degree that places the
individual at risk of harm to himself.
(4) The person referred to in sub -section ( 3) shall be either admitted as a supported patient under
section 89, or discharged from the establishment within a period of twenty -four hours or on completion
of assessments for admission for a supported patient under section 89, whichever is earlier.
89. Admission and treatment of persons with mental illness, with high support needs, in
mental health establishment, up to thirty days (supported admission) .(1) The medical officer or
mental health professional in charge of a mental health establishment shall admit every such person to
the establishment, upon application by the nominated representative of the person, under this section,
if
(a) the person has been independently examined on the day of admission or in the preceding
seven days, by one psychiatrist and the other being a mental health professional or a medical
practitioner, and both independently conclude based on the examination an d, if appropriate, on
information provided by others, that the person has a mental illness of such severity that the person, --
(i) has recently threatened or attempted or is threatening or attempting to cause bodily harm to
himself; or
(ii) has recently be |
) has recently threatened or attempted or is threatening or attempting to cause bodily harm to
himself; or
(ii) has recently be haved or is behaving violently towards another person or has caused or is
causing another person to fear bodily harm from him; or
(iii) has recently shown or is showing an inability to care for himself to a degree that places
the individual at risk of harm to himself;
(b) the psychiatrist or the mental health professionals or the medical practitioner, as the case may
be, certify, after taking into account an advance directive, if any, that admission to the mental health
establishment is the least restrictiv e care option possible in the circumstances; and
(c) the person is ineligible to receive care and treatment as an independent patient because the
person is unable to make mental healthcare and treatment decisions independently and needs very
high support from his nominated representative in making decisions.
(2) The admission of a person with mental illness to a mental health establishment under this section
shall be limited to a period of thirty days.
(3) At the end of the period mentioned under sub -section (2), or earlier, if the person no longer meets
the criteria for admission as stated in sub -section ( 1), the patient shall no longer remain in the
establishment under this section.
(4) On the expiry of the period of thirty days referred to in sub -section (2), the person may continue
to remain admitted in the mental health establishment in accordance with the provisions of section 90.
(5) If the conditions under section 90 are not met, the person may continue to remain in the mental
health establishment as an independent patient under section 86 and the medical officer or mental health
professional in charge of the mental health establishment shall inform the person of his admission status
under this Act, including his right to leave the mental health estab lishment.
(6) Every person with mental illness admitted under this section shall be provided treatm ent after
taking into account,
(a) an advance directive if any; or
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(b) informed consent of the patient with the support of his nominated representative subj ect to the
provisions of sub -section ( 7).
(7) If a person with the mental illness admitted under this section requires nearly hundred per cent.
support from his nominated representative in making a decision in respect of his treatment, the
nominated repres entative may temporarily consent to the treatment plan of such person on his behalf.
(8) In case where consent has been given under sub -section ( 7), the medical officer or mental health
professional in charge of the mental health establishment shall record such consent in the medical
records and review the capacity of the patient to give consent every seven days.
(9) The medical officer or mental health professional in charge of the mental health establishment
shall report the concerned Board,
(a) within three days the admissions of a woman or a minor;
(b) within seven days the admission of any person not being a woman or minor.
(10) A person admitted under this section or his nominated representative or a representative of a
registered non -governmental or ganisation with the consent of the person, may apply to the concerned
Board for review of the decision of the medical officer or mental health professional in charge of the
mental health establishment to admit the person to the mental health establishment under this section.
(11) The concerned Board shall review the decision of the medical officer or mental health
professional in charge of the mental health establishment and give its findings thereon within seven days
of receipt of request for such review w hich shall be binding on all the concerned parties.
(12) Notwithstanding anything contained in this Act, it shall be the duty of the medical officer or
mental health professional in charge of the mental health establishment to keep the condition of the
person with mental illness admitted under this section on going review.
(13) If the medical officer or mental health professional in charge of the mental health establishment
is of the opinion that the conditions specified under sub -section ( 1) are no longer applicable, he shall
terminate the admission under this section, and inform the person and his nominated representative
accordingly.
(14) Non applicability of conditions referred to in sub -section ( 13) shall not preclude the person with
mental illness rema ining as an independent patient.
(15) In a case, a person with the mental illness admitted under this section has been discharged, such
person shall not be readmitted under this section within a period of seven days from the date of his
discharge.
(16) In case a person referred to in sub -section ( 15) requires readmission within a period of seven
days referred to in that sub -section, such person shall be considered for readmission in accordance with
the provisions of section 90.
(17) If the medical officer or mental health professional in charge of the mental health establishment
is of the opinion that the person with mental illness admitted under this section in the mental health
establishment requires or is likely to require further treatment beyond the pe riod of thirty days, then
such medical officer or mental health professional shall be duty bound to refer the matter to be
examined by two psychiatrists for his admission beyond thirty days.
90. Admission and treatment of persons with mental illness, with high support needs, in mental
health establishment, beyond thirty days (supported admission beyond thirty days) .(1) If a
person with mental illness admitted under section 89 requires continuous admission and treatment
beyond thirty days or a person with mental illness discharged under sub -section (15) of that section
requires readmission within seven days of such discharge, he shall be admitted in accordance with the
provisions of this section.
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(2) The medical officer or mental health professional in char ge of a mental health establishment,
upon application by the nominated representative of a person with mental illness, shall continue
admission of such person with mental illness, if
(a) two psychiatrists have independently examined the person with mental illness in the preceding
seven days and both independently conclude based on the examination and, on information provided
by others that the person has a mental illness of a severity that the person
(i) has consistently over time threatened or attempted to cause bodily harm to himself; or
(ii) has consistently over time behaved violently towards another person or has consistently
over time caused another person to fear bodily harm from him; or
(iii) has consistently over time shown an inability to care fo r himself to a degree that places
the individual at risk of harm to himself;
(b) both psychiatrists, after taking into account an advance directive, if any, certify that admission
to a mental health establishment is the least restrictive care option possib le under the circumstances;
and
(c) the person continues to remain ineligible to receive care and treatment as a independent
patient as the person cannot make mental healthcare and treatment decisions independently and
needs very high support from his nomi nated representative, in making decisions.
(3) The medical officer or mental health professional in charge of the mental health establishment
shall report all admissions or readmission under this section, within a period of seven days of such
admission or readmission, to the concerned Board.
(4) The Board shall, within a period of twenty -one days from the date of last admission or
readmission of person with mental illness under this section, permit such admission or readmission or
order discharge of such pe rson.
(5) While permitting admission or readmission or ordering discharge of such person under
sub-section ( 4), the Board shall examine
(a) the need for institutional care to such person;
(b) whether such care cannot be provided in less re strictive settings based in the community.
(6) In all cases of application for readmission or continuance of admission of a person with mental
illness in the mental health establishment under this section, the Board may require the medical officer
or psychiatrist in charge of treatment of such person with mental illness to submit a plan for community
based treatment and the progress made, or likely to be made, towards realising this plan.
(7) The person referred to in sub -section ( 4) shall not be permitted to continue in the mental health
establishmen t in which he had been admitted or his readmission in such establishment merely on the
ground of non -existence of community based services at the place where such person ordinarily resides.
(8) The admission of a person with mental illness to a mental health establishment under this section
shall be limited to a period up to ninety days in the first instance.
(9) The admission of a person with mental illness to a mental health establishment under this section
beyond the period of ninety days may be exte nded for a period of one hundred and twenty days at the
first instance and thereafter for a period of one hundred and eighty days each time after complying with
the provisions of sub -sections ( 1) to ( 7).
(10) If the Board refuses to permit admission or con tinuation thereof or readmission under
sub-section ( 9), or on the expiry of the periods referred to in sub -section ( 9) or earlier if such person no
longer falls within the criteria for admission under sub -section ( 1), such person shall be dis charged from
such mental health establishment.
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(11) Every person with mental illness admitted under this section shall be provided treatment, after
taking into account
(a) an advance directive; or
(b) informed consent of the person with the support from h is nominated representative subject to
the provision of sub -section (12).
(12) If a person with mental illness admitted under this section, requires nearly hundred per cent.
support from his nominated representative, in making decision in respect of his tr eatment, the nominated
representative may temporarily consent to the treatment plan of such person on his behalf.
(13) In a case where consent has been given under sub -section ( 12), the medical officer or mental
health professional in charge of the mental health establishment shall record such consent in the medical
records of such person with mental illness and review on the expiry of every fortnight, the capacity of
such person to give consent.
(14) A person with mental illness admitted under this section , or his nominated representative or a
representative of a registered non -governmental organisation with the consent of the person, may apply
to the concerned Board for review of the decision of the medical officer or mental health professional in
charge o f medical health establishment to admit such person in such establishment and the decision of
the Board thereon shall be binding on all parties.
(15) Notwithstanding anything contained in this Act, if the medical officer or mental health
professional in ch arge of the mental health establishment is of the opinion that the conditions under
sub-section ( 1) are no longer applicable, such medical officer or mental health professional shall
discharge such person from such establishment and inform such person and his nominated
representative accordingly.
(16) The person with mental illness referred to in sub -section ( 15) may continue to remain in the
mental health establishment as an independent patient.
91. Leave of absence .The medical officer or mental health p rofessional in charge of the mental
health establishment may grant leave to any person with mental illness admitted under section 87 or
section 89 or section 90, to be absent from the establishment subject to such conditions, if any, and for
such duration as such medical officer or psychiatrist may consider necessary.
92. Absence without leave or discharge .If any person to whom section 103 applies absents
himself without leave or without discharge from the mental health establishment, he shall be taken in to
protection by any Police Officer at the request of the medical officer or mental health professional in -
charge of the mental health establishment and shall be sent back to the mental health establishment
immediately.
93. Transfer of persons with mental illness from one mental health establishment to another
mental health establishment .(1) A person with mental illness admitted to a mental health
establishment under section 87 or section 89 or section 90 or section 103, as the case may be, may
subject to any general or special order of the Board be removed from such mental health establishment
and admitted to another mental health establishment within the State or with the consent of the Central
Authority to any mental health establishment in any other Sta te:
Provided that no person with mental illness admitted to a mental health establishment under an order
made in pursuance of an application made under this Act shall be so removed unless intimation and
reasons for the transfer have been given to the perso n with mental illness and his nominated
representative.
(2) The State Government may make such general or special order as it thinks fit directing the
removal of any prisoner with mental illness from the place where he is for the time being detained, to
any mental health establishment or other place of safe custody in the State or to any mental health
establishment or other place of safe custody in any other State with the consent of the Government of
that other State.
40
94. Emergency treatment .(1) Notwithst anding anything contained in this Act, any medical
treatment, including treatment for mental illness, may be provided by any registered medical
practitioner to a person with mental illness either at a health establishment or in the community, subject
to th e informed consent of the nominated representative, where the nominated representative is
available, and where it is im mediately necessary to prevent
(a) death or irreversible harm to the health of the person; or
(b) the person inflicting serious harm to himself or to others; or
(c) the person causing serious damage to property belonging to himself or to others where such
behaviour is believed to flow directly from the person's mental illness.
Explanation .For the purposes of this section, emergency treat ment includes transportation of the
person with mental illness to a nearest mental health establishment for assessment.
(2) Nothing in this section shall allow any medical officer or psychiatrist to give to the person with
mental illness medical treatment which is not directly related to the emergency treatment specified
under sub -section ( 1).
(3) Nothing in this section shall allow any medical officer or psychiatrist to use electro -convulsive
therapy as a form of treatment.
(4) The emergency treatment ref erred to in this section shall be limited to seventy -two hours or till
the person with mental illness has been assessed at a mental health establishment, whichever is earlier:
Provided that during a disaster or emergency declared by the appropriate Governm ent, the period of
emergency treatment referred to in this sub -section may extend up to seven days.
95. Prohibited procedures .(1) Notwithstanding anything contained in this Act, the following
treatments shall not be performed on any person with mental illness
(a) electro -convulsive therapy without the use of muscle relaxants and anaesthesia;
(b) electro -convulsive therapy for minors;
(c) sterilisation of men or women, when such sterilisation is intended as a treatment for mental
illness;
(d) chained in any manner or form whatsoever.
(2) Notwithstanding anything contained in sub -section ( 1), if, in the opinion of psychiatrist in charge
of a minor's treatment, electro -convulsive therapy is required, then, such treatment shall be done with
the informed con sent of the guardian and prior permission of the concerned Board.
96. Restriction on psychosurgery for persons with mental illness .(1) Notwithstanding anything
contained in this Act, psychosurgery shall not be performed as a treat ment for mental illness u nless
(a) the informed consent of the person on whom the surgery is being performed; and
(b) approval from the concerned Board to perform the surgery,
has been obtained.
(2) The Central Authority may make regulations for the purpose of carrying out the provisions of this
section.
97. Restraints and seclusion .(1) A person with mental illness shall not be subjected to seclusion |
section.
97. Restraints and seclusion .(1) A person with mental illness shall not be subjected to seclusion
or solitary confinement, and, where necessary, physical re straint may only be used when,
(a) it is the only me ans available to prevent imminent and immediate harm to person concerned or
to others;
(b) it is authorised by the psychiatrist in charge of the person's treatment at the mental health
establishment.
41
(2) Physical restraint shall not be used for a period lo nger than it is absolutely necessary to prevent
the immediate risk of significant harm.
(3) The medical officer or mental health professional in charge of the mental health establishment
shall be responsible for ensuring that the method, nature of restrain t justification for its imposition and
the duration of the restraint are immediately recorded in the person's medical notes.
(4) The restraint shall not be used as a form of punishment or deterrent in any circumstance and the
mental health establishment sh all not use restraint merely on the ground of shortage of staff in such
establishment.
(5) The nominated representative of the person with mental illness shall be informed about every
instance of restraint within a period of twenty -four hours.
(6) A person who is placed under restraint shall be kept in a place where he can cause no harm to
himself or others and under regular ongoing supervision of the medical personnel at the mental health
establishment.
(7) The mental health establishment shall include all instances of restraint in the report to be sent to
the concerned Board on a monthly basis.
(8) The Central Authority may make regulations for the purpose of carrying out the provisions of this
section.
(9) The Board may order a mental health establishment to desist from applying restraint if the Board
is of the opinion that the mental health establishment is persistently and wilfully ignoring the provisions
of this section.
98. Discharge planning .(1) Whenever a person undergoing treatment for mental illne ss in a
mental health establishment is to be discharged into the community or to a different mental health
establishment or where a new psychiatrist is to take responsibility of the person's care and treatment, the
psychiatrist who has been responsible for the person's care and treatment shall consult with the person
with mental illness, the nominated representative, the family member or care -giver with whom the
person with mental illness shall reside on discharge from the hospital, the psychiatrist expecte d to be
responsible for the person's care and treatment in the future, and such other persons as may be
appropriate, as to what treatment or services would be appropriate for the person.
(2) The psychiatrist responsible for the person's care shall in consu ltation with the persons referred to
in sub -section ( 1) ensure that a plan is developed as to how treatment or services shall be provided to the
person with mental illness.
(3) The discharge planning under this section shall apply to all discharges from a mental health
establishment.
99. Research. (1) The professionals conducting research shall obtain free and informed consent
from all persons with mental illness for participation in any research involving interviewing the person
or psychological, physical, chemical or medicinal interventions.
(2) In case of research involving any psychological, physical, chemical or medicinal interventions to
be conducted on person who is unable to give free and informed consent but does not resist participation
in such res earch, permission to conduct such research shall be obtained from concerned State Authority.
(3) The State Authority may allow the research to proceed based on informed consent being obtained
from the nominated representative of persons with mental illnes s, if the State Authority is satisfied
that
(a) the proposed research cannot be performed on persons who are capable of giving free and
informed consent;
(b) the proposed research is necessary to promote the mental health of the population represent ed
by the person;
42
(c) the purpose of the proposed research is to obtain knowledge relevant to the particular mental
health needs of persons with mental illness;
(d) a full disclosure of the interests of persons and organisations conducting the proposed research
is made and there is no conflict of interest involved; and
(e) the proposed research follows all the national and international guidelines and regulations
concerning the conduct of such research and ethical approval has be en obtained from the institutional
ethics committee where such research is to be conducted.
(4) The provisions of this section shall not restrict research based study of the case notes of a person
who is unable to give informed consent, so long as the anon ymity of the persons is secured.
(5) The person with mental illness or the nominated representative who gives informed consent for
participation in any research under this Act may withdraw the consent at any time during the period of
research.
CHAPTER XIII
RESPONSIBILITIES OF OTHER AGENCIES
100. Duties of police officers in respect of persons with mental illness .(1) Every officer
in-charge of a po lice station shall have a duty
(a) to take under protection any person found wandering at large within the limits of the police
station whom the officer has reason to believe has mental illness and is incapable of taking care of
himself; or
(b) to take under protection any person within the limits of the police station whom the officer has
reason to believe to be a risk to himself or others by reason of mental illness.
(2) The officer in -charge of a police station shall inform the person who has been taken into
protection under sub -section ( 1), the grounds for taking him into such protection or his nominated
representative, if in the opinion of the officer such person has difficulty in understanding those grounds.
(3) Every person taken into protection under sub -section ( 1) shall be taken to the nearest public
health establishment as soon as possible but not later than twenty -four hours from the time of being
taken into protection, for assessment of the person's healthcare needs.
(4) No person taken into protection under sub -section ( 1) shall be detained in the police lock up or
prison in any circumst ances.
(5) The medical officer in -charge of the public health establishment shall be responsible for
arranging the assessment of the person and the needs of the person with mental illness will be addressed
as per other provisions of this Act as applicable in the particular circumstances.
(6) The medical officer or mental health professional in -charge of the public mental health
establishment if on assessment of the person finds that such person does not have a mental illness of a
nature or degree requiring admission to the mental health establishment, he shall inform his assessment
to the police officer who had taken the person into protection and the police officer shall take the person
to the person's residence or in case of homeless persons, to a Governme nt establishment for homeless
persons.
(7) In case of a person with mental illness who is homeless or found wandering in the community, a
First Information Report of a missing person shall be lodged at the concerned police station and the
station house off icer shall have a duty to trace the family of such person and inform the family about the
whereabouts of the person.
101. Report to Magistrate of person with mental illness in private residence who is ill -treated
or neglected .(1) Every officer in -charge of a police station, who has reason to believe that any person
residing within the limits of the police station has a mental illness and is being ill -treated or neglected,
43
shall forthwith report the fact to the Magistrate within t he local limits of whose jurisdiction the person
with mental illness resides.
(2) Any person who has reason to believe that a person has mental illness and is being ill -treated or
neglected by any person having responsibility for care of such person, shall report the fact to the police
officer in -charge of the police station within whose jurisdiction the person with mental illness resides.
(3) If the Magistrate has reason to believe based on the report of a police officer or otherwise, that
any person with mental illness within the local limits of his jurisdiction is being ill -treated or neglected,
the Magistrate may cause the person with mental illness to be produced before him and pass an order in
accordance with the provisions of section 102.
102. Conveyi ng or admitting person with mental illness to mental health establishment by
Magistrate .(1) When any person with mental illness or who may have a mental illness appears or is
brought before a Magistrate, the Ma gistrate may, order in writing
(a) that the person is conveyed to a public mental health establishment for assessment and
treatment, if necessary and the mental health establishment shall deal with such person in accordance
with the provisions of the Act; or
(b) to authorise the admission of the per son with mental illness in a mental health establishment
for such period not exceeding ten days to enable the medical officer or mental health professional in
charge of the mental health establishment to carry out an assessment of the person and to plan fo r
necessary treatment, if any.
(2) On completion of the period of assessment referred to in sub -section ( 1), the medical officer or
mental health professional in charge of the mental health establishment shall submit a report to the
Magistrate and the pers on shall be dealt with in accordance with the provisions of this Act.
103. Prisoners with mental illness .(1) An order under section 30 of the Prisoners Act, 1900
(3 of 1900) or under section 144 of the Air Force Act, 1950 (45 of 1950), or under section 145 of the
Army Act, 1950 (46 of 1950), or under section 143 or section 144 of the Navy Act, 1957 (62 of 1957),
or under section 330 or section 335 of the Code of Criminal Procedure, 1973 (2 of 1974), directing the
admission of a prisoner wit h mental illness into any suitable mental health establishment, shall be
sufficient authority for the admission of such person in such establishment to which such person may be
lawfully transferred for care and treatment therein:
Provided that transfer of a prisoner with mental illness to the psychiatric ward in the medical wing of
the prison shall be sufficient to meet the requirements under this section:
Provided further that where there is no provision for a psychiatric ward in the medical wing, the
prisoner may be transferred to a mental health establishment with prior permission of the Board.
(2) The method, modalities and procedure by which the transfer of a prisoner under this section is to
be effected shall be such as may be prescribed.
(3) The medical officer of a prison or jail shall send a quarterly report to the concerned Board
certifying therein that there are no prisoners with mental illness in the prison or jail.
(4) The Board may visit the prison or jail and ask the medical officer as to why the prisoner with
mental illness, if any, has been kept in the prison or jail and not transferred for treatment to a mental
health establishment.
(5) The medical officer in -charge of a mental health establishment wherein any person referred to in
sub-section ( 1) is detained, shall once in every six months, make a special report regarding the mental
and physical condition of such person to the authority under whose order such person is detained.
(6) The appropriate Government shall setup mental health es tablishment in the medical wing of at
least one prison in each State and Union territory and prisoners with mental illness may ordinarily be
referred to and cared for in the said mental health establishment.
44
(7) The mental health establishment setup under sub-section (5) shall be registered under this Act
with the Central or State Mental Health Authority, as the case may be, and shall conform to such
standards and procedures as may be prescribed.
104. Persons in custodial institutions .(1) If it appears to the person in -charge of a State run
custodial institution (including beggars homes, orphanages, women's protection homes and children
homes) that any resident of the institution has, or is likely to have, a mental illness, then, he shall take
such resident of the institution to the nearest mental health establishment run or funded by the
appropriate Government for assessment and treatment, as necessary.
(2) The medical officer in -charge of a mental health establishment shall be responsible for
assessment of the person with mental illness, and the treatment required by such persons shall be
decided in accordance with the provisions of this Act.
105. Question of mental illness in judicial process .If during any judicial process before any
competent court, proo f of mental illness is produced and is challenged by the other party, the court shall
refer the same for further scrutiny to the concerned Board and the Board shall, after examination of the
person alleged to have a mental illness either by itself or throu gh a committee of experts, submit its
opinion to the court.
CHAPTER XIV
RESTRICTION TO DISCHARGE FUNCTIONS BY PROFESSIONAL N OT COVERED BY PROFESSION
106. Restriction to discharge functions by professionals not covered by profession .No mental
health professional or medical practitioner shall discharge any duty or perform any function not
authorised by this Act or specify or recommend any medicine or treatment not authorised by the field of
his profession.
CHAPTER XV
OFFENCES AND PENALTIES
107. Penalties for establishing or maintaining mental health establishment in contravention of
provisions of this Act .(1) Whoever carries on a mental health establishment without registration shall
be liable to a penalty which shall not be less than five thou sand rupees but which may extend to fifty
thousand rupees for first contravention or a penalty which shall not be less than fifty thousand rupees
but which may extend to two lakh rupees for a second contravention or a penalty which shall not be less
than t wo lakh rupees but which may extend to five lakh rupees for every subsequent contravention.
(2) Whoever knowingly serves in the capacity as a mental health professional in a mental health
establishment which is not registered under this Act, shall be liabl e to a penalty which may extend to
twenty -five thousand rupees.
(3) Save as otherwise provided in this Act, the penalty under this section shall be adjudicated by the
State Authority.
(4) Whoever fails to pay the amount of penalty, the State Authority may forward the order to the
Collector of the district in which such person owns any property or resides or carries on his business or
profession or where the mental health establishment is situated, and the Collector shall recover from
such persons or mental health establishment the amount specified thereunder, as if it were an arrear of
land revenue.
(5) All sums realised by way of penalties under this Chapter shall be credited to the Consolidated
Fund of India.
108. Punishment for contravention of provisions of the Act or rules or regulations made
thereunder .Any person who contravenes any of the provisions of this Act, or of any rule or
regulation made thereunder shall for first contravention be punishable with imprisonment for a term
which may extend to six months, or with a fine which may extend to ten thousand rupees or with both,
and for any subsequent contravention with imprisonment for a term which may extend to two years or
45
with fine which shall not be less than fifty thousand rupees but which may exte nd to five lakh rupees or
with both.
109. Offences by companies .(1) Where an offence under this Act has been committed by a
company, every person who at |
09. 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 cond uct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub -section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he has exercised all due diligence to prevent the commission of suc h offence.
(2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation. For the purposes of this section,
(a) company means any body corporate and includes a firm or other association of individuals;
and
(b) director , in relation to a firm, means a partner in the firm.
CHAPTER XVI
MISCELLA NEOUS
110. Power to call for information .(1) The Central Government may, by a general or special
order, call upon the Authority or the Board to furnish, periodically or as and when required any
information concerning the activities carried on by the Authority or the Board, as the case may be, in
such form as may be prescribed, to enable that Government, to carry out the purposes of this Act.
(2) The State Government may, by a general or special order, call upon the State Authority or the
Board to furnish, periodic ally or as and when required any information concerning the activities carried
on by the State Authority or the Board in such form as may be prescribed, to enable that Government, to
carry out the purposes of this Act.
111. Power of Central Government to i ssue directions .(1) Without prejudice to the foregoing
provisions of this Act, the 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, other than those relating to technical
and administrative matters, as the Central Government may give in writing to it from time to time:
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views
before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
112. Power of Central Government to supersede Central Authority .(1) If at any time the
Centra l Government is of the opinion
(a) that on ac count of circumstances beyond the control of the Central Authority, it is unable to
discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
(b) that the Central Authority has persistently defaulted in complyin g with any direction given by
the Central Government under this Act or in the discharge of the functions or performance of the
duties imposed on it by or under the provisions of this Act; or
(c) that circumstances exist which render it necessary i n the pub lic interest so to do,
46
the Central Government may, by notification and for reasons to be specified therein, supersede the
Central Authority for such period, not exceeding six months, as may be specified in the notification:
Provided that before issuing any such notification, the Central Government shall give a reasonable
opportunity to the Central Authority to make representations against the proposed supersession and shall
consider representations, if any, of the Central Authority.
(2) Upon the publication of a notification under sub -section ( 1), supe rseding the Central
Authority,
(a) the chairperson and other members shall, as from the date of supersession, vacate their offices
as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be
exercised or discharged by or on behalf of the Central Authority shall, until the Central Authority is
reconstituted under sub -section ( 3), be exercised and discharged by the Central Government or such
authority as t he Central Government may specify in this behalf;
(c) all properties owned or controlled by the Central Authority shall, until the Central Authority is
reconstituted under sub -section ( 3), vest in the Central Government.
(3) On or before the expiration of the period of supersession specified in the notification issued under
sub-section ( 1), the Central Government shall reconstitute the Central Authority by a fresh appointment
of its chairperson and other members and in such case any person who had vacated h is office under
clause ( a) of sub -section ( 2) shall not be deemed to be disqualified for re -appointment.
(4) The Central Government shall cause a notification issued under sub -section ( 1) and a full report
of any action taken under this section and the cir cumstances leading to such action to be laid before each
House of Parliament at the earliest.
113. Power of State Government to supersede State Authority .(1) If at any time the Stat e
Government is of the opinion
(a) that on account of circumstances beyond the control of the State Authority, it is unable to
discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or
(b) that the State Authority has persistently defaulted in complying with any d irection given by
the State Government under this Act or in the discharge of the functions or performance of the duties
imposed on it by or under the provisions of this Act; or
(c) that circumstances exist which render it necessary in the pub lic interest s o to do,
the State Government may, by notification and for reasons to be specified therein, supersede the State
Authority for such period, not exceeding six months, as may be specified in the notification:
Provided that before issuing any such notification , the State Government shall give a reasonable
opportunity to the State Authority to make representations against the proposed supersession and shall
consider representations, if any, of the State Authority.
(2) Upon the publication of a notification under sub-section ( 1) superseding the State Authority,
(a) the chairperson and other members shall, as from the date of supersession, vacate their offices
as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be
exercised or discharged by or on behalf of the State Authority shall, until the State Authority is
reconstituted under sub -section ( 3), be exercised and discharged by the State Government or such
authority as the State Government may specify in this behalf ;
(c) all properties owned or controlled by the State Authority shall, until the State Authority is
reconstituted under sub -section ( 3), vest in the State Government.
47
(3) On or before the expiration of the period of supersession specified in the notificati on issued under
sub-section ( 1), the State Government shall reconstitute the State Authority by a fresh appointment of its
chairperson and other members and in such case any person who had vacated his office under clause ( a)
of sub -section ( 2) shall not be deemed to be disqualified for re -appointment.
(4) The State Government shall cause a notification issued under sub -section ( 1) and a full report of
any action taken under this section and the circumstances leading to such action to be laid before the
State Legislature at the earliest.
114. Special provisions for States in north -east and hill States .(1) Notwithstanding anything
contained in this Act, the provisions of this Act shall, taking into consideration the communication,
travel and transportation di fficulties, apply to the States of Assam, Meghalaya, Tripura, Mizoram,
Manipur, Nagaland, Arunachal Pradesh and Sikkim, with fo llowing modifications, namely:
(a) under sub -section ( 3) of section 73, the chairperson of the Central Authority may constitute
one or more Boards for all the States;
(b) in sub -section ( 2) of section 80, reference to the period of seven days , and in sub -section ( 3)
of that section, reference to the period of twenty -one days shall be construed as ten days and
thirty days , respectively;
(c) in sub -section ( 9) of section 87, reference to the period of seventy -two hours shall be
construed as one hundred twenty hours , and in sub -sections ( 3) and ( 12) of that section, reference
to a period of seven days shall be construed as ten days ;
(d) in sub -section ( 3) of section 88, reference to the period of twenty -four hours shall be
construed as seventy -two hours ;
(e) in clauses ( a) and ( b) of sub -section ( 9) of section 89, reference to the period of three days
and seven days shall be construed as seven days and ten days respectively;
(f) in sub -section ( 3) of section 90, reference to the period of seven days and in sub -section ( 4)
of that section, reference to the period of twenty -one days shall be construed as ten days and
thirty days respectively;
(g) in sub -section ( 4) of section 94, reference to the period of seventy -two hours shall be
construed as one hundred twenty hours .
(2) The provisions of clauses ( b) to ( g) of sub -section ( 1) shall also apply to the States of
Uttarakhand, Himachal Pradesh and Jammu and Kashmir * and the Union territories of Lakshadweep
and Andaman and Nicobar Islands.
(3) The provisions of this section shall cease to have effect on the expiry of a period of ten years
from the comm encement of this Act, except as respects things done or omitted to be done before such
cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if
this Act had then been repealed by a Central Act.
115. Presumpti on of severe stress in case of attempt to commit suicide .(1) Notwithstanding
anything contained in section 309 of the Indian Penal Code (45 of 1860) any person who attempts to
commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried
and punished under the said Code.
(2) The appropriate Government shall have a duty to provide care, treatment and rehabilita tion to a
person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of
attempt to commit suicide.
116. Bar of jurisdiction .No civil court shall have jurisdiction to entertain any suit or proceeding
in respect of any matter which the Authority or the Board is empowered by or under this Act to
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of
Jammu and Kashmir and the Union territory of Ladakh.
48
determine, and no injunction shall be granted by any court or other authority in respect of any action
taken or to be taken in pursuance of any power conferred by or under this Act.
117. Transitory provisions .The Central Government may, if it considers so necessary in the
interest of persons with mental illness being governed by the Mental He alth Act, 1987 (14 of 1987),
take appropriate interim measures by making necessary transitory schemes.
118. Chairperson, members and staff of Authority and Board to be public servants .The
chairperson, and other members and the officers and other employees of the Authority and Board shall
be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
119. Protection of action taken in good faith .No suit, pro secution or other legal proceeding shall
lie against the appropriate Government or against the chairperson or any other member of the Authority
or the Board, as the case may be, for anything which is in good faith done or intended to be done in
pursuance o f this Act or any rule or regulation made thereunder in the discharge of official duties
120. Act to have overriding effect .The provisions of this Act shall have overriding effect
notwithstanding anything inconsistent therewith contained in any other law for the time being in force
or in any instrument having effect by virtue of any law other than this Act.
121. Power of Central Government and State Governments to make rules .(1) The Central
Government may, by notification, make rules for carrying out the provisions of this Act.
(2) Subject to the provisions of sub -section ( 1), the State Government may, with the previous
approval of the Central Government, by notification, make rules for carrying out the provisions of this
Act:
Provided that the first rules shall be made by the Central Government, by notification.
(3) In particular, and without prejudice to the generality of the foregoing power, rules made under
sub-section ( 1) may provide for all or any of the following matters, namely:
(a) qualifications relating to clinical psychologist under sub -clause ( ii) of clause ( f) of
sub-section ( 1) of section 2;
(b) qualifications relating to psychiatric social worker under clause ( w) of sub -section ( 1) of
section 2;
(c) the manner of nominatio n of members of the Central Authority under sub -section ( 2) of
section 34;
(d) the salaries and allowances payable to, and the other terms and conditions of service of, the
chairperson and other members of the Central Authority under sub -section ( 3) of sec tion 35;
(e) the procedure for registration (including the fees to be levied for such registration) of the
mental health establishments under sub -section ( 2) of section 43;
(f) the manner of nomination of members of the State Authority under sub -section ( 2) of
section 46;
(g) the salaries and allowances payable to, and the other terms and conditions of service of, the
chairperson and other members of the State Authority under sub -section ( 3) of section 47;
(h) the procedure for registration (incl uding the fees to be levied for such registration) of the
mental health establishments under sub -section ( 2) of section 55;
(i) the form of accounts and other relevant records and annual statement of accounts under
sub-section ( 1) of section 59;
(j) the form in, and the time within which, an annual report shall be prepared under section 60;
49
(k) the form of accounts and other relevant records and annual statement of accounts under
sub-section ( 1) of section 63;
(l) the form in, and the time within which, an annual report shall be prepared under section 64;
(m) manner of constitution of the Board by the State Authority for a district or groups of districts
in a State;
(n) other disqual |
manner of constitution of the Board by the State Authority for a district or groups of districts
in a State;
(n) other disqualifications of chairperson or members of the Board under clause ( e) of
sub-section ( 2) of section 82;
(o) any other matter which is required to be, or may be, specified by rules or in respect for which
provision is to be made by rules.
(4) In particular, and without prejudice to the generality of the foregoing power, rules made under
sub-section ( 2) may provide for all or any of the following matters, namely:
(a) the manner of proof of mental healthcare and treatment under sub -section ( 1) of section 4;
(b) provision of half -way homes, sheltered accommodation and supported accommodation under
clause ( b) of sub -section ( 4) of section 18;
(c) hospitals and community based rehabilitation establishment and services under clause ( d) of
sub-section ( 4) of section 18;
(d) basic medical r ecords of which access is to be given to a person with mental illness under
sub-section ( 1) of section 25;
(e) custodial institutions under sub -section ( 2) of section 27;
(f) the form of application to be submitted by the mental health establishment with the
undertaking that the mental health establishment fulfils the minimum standards, if any, specified by
the Authority, under the Explanation to sub -section ( 2) of section 65;
(g) the form of certificate of registration under sub -section ( 3) of section 65;
(h) the form of application, the details, the fees to be accompanied with it under sub -section ( 1) of
section 66;
(i) the form of certificate of provisional registration containing particulars and information under
sub-section ( 4) of section 66;
(j) the fees for renewal of registration under sub -section ( 11) of section 66;
(k) the person or persons (including representatives of the local community) for the purpose of
conducting an audit of the registered mental health establishments under sub -section ( 1) and fees to
be charged by the Authority for conducting such audit under sub -section ( 2) of section 67;
(l) the person or persons for the purpose of conducting and inspection or inquiry of the mental
health establishments under sub -section ( 1) of section 68 ;
(m) the manner to enter and search of a mental health establishment operating without registration
under sub -section ( 6) of section 68;
(n) the fees for issuing a duplicate certificate under sub -section ( 2) of section 70;
(o) the form and manner in which the Authority shall maintain in digital format a register of
mental health establishments, the particulars of the certificate of registration so granted in a separate
register to be maintained under section 71;
(p) constitution of the Boards under sub -section ( 3) of section 73;
(q) the honorarium and other allowances payable to, and the other terms and conditions of service
of, the chairperson and members of the Board under sub -section ( 3) of section 75;
50
(r) method, modalities and procedure for transfer of prisoners under sub -section ( 2) of
section 103;
(s) the standard and procedure to which the Central or State Health Authority shall confirm under
sub-section ( 6) of section 103;
(t) the form for furnishing periodical information under section 110; and
(u) any other matter which is required to be, or may be, specified by rules or in respect for which
provision is to be made by rules.
122. Power of Central Authority to make regulations .(1) The Central Authority may, by
notification, make regulations, consistent with the provisions of this Act and the rules made thereunder,
to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations
may provide for all or any of the following matters, namely:
(a) manner of making an advance directive under section 6;
(b) additional regulations, regarding the procedure of advance directive to protect the rights of
persons with mental illness under sub -section ( 3) of section 12;
(c) the salaries and allowances payable to, and the other terms and conditions of service
(including the qualifications, experience and manner of appointment) of, the chief executive officer
and other officers and employees of the Central Authority under sub-section ( 3) of section 40;
(d) the times and places of meetings of the Central Authority and rules of procedure in regard to
the transaction of business at its meetings (including quorum at such meetings) under sub -section ( 1)
of section 44;
(e) the mi nimum standards of facilities and services under clause ( a) of sub -section ( 4) of
section 65;
(f) the minimum qualifications for the personnel engaged in mental health establishment under
clause ( b) of sub -section ( 4) of section 65;
(g) provisions for maintenance of records and reporting under clause ( c) of sub -section ( 4) of
section 65;
(h) any other conditions under clause ( d) of sub -section ( 4) of section 65;
(i) categories of different mental health establishment under clause ( a) of sub -section (5) of
section 65;
(j) the form of application to be made by the mental health establishment and the fees to be
accompanied with it under sub -section ( 12) of section 66;
(k) manner of submitting evidence under sub -section ( 13) of section 66;
(l) the manne r of filing objections under sub -section ( 14) of section 66;
(m) the time and places and rules of procedure in regard to the transaction of business at its
meetings to be observed by the Central Authority and the Board under section 87;
(n) regulations und er sub -section ( 2) of section 96 and under sub -section ( 8) of section 97;
(o) any other matter which is required to be, or may be, specified by regulations or in respect of
which provision is to be made by regulations.
123. Power of State Authority to make regulations .(1) The State Authority may, by notification,
make regulations, consistent with the provision of this Act and the rules made thereunder, to carry out
the provisions of this Act.
51
(2) In particular, and without p rejudice to the generality of the foregoing power, such regulations
may provide for all or any of the following matters, namely:
(a) the minimum quality standards of mental health services under sub -section ( 9) of section 18;
(b) the salaries and allowanc es payable to, and the other terms and conditions of service
(including the qualifications, experience and manner of appointment) of the chief executive officer
and other officers and employees of the State Authority under sub -section ( 3) of section 52;
(c) the manner in which the State Authority shall publish the list of registered mental health
professionals under clause ( d) of sub -section ( 1) of section 55;
(d) the times and places of meetings of the State Authority and rules of procedure in regard to th e
transaction of business at its meetings (including quorum at such meetings) under sub -section ( 1) of
section 56;
(e) the form of application to be made by the mental health establishment and the fees to be
accompanied with it under sub -section ( 12) of se ction 66;
(f) the manner of filing objections under sub -section (14) of section 66;
(g) any other matter which is required to be, or may be, specified by regulations or in respect of
which provision is to be made by regulations.
124. Laying of rules and re gulations .(1) Every rule made by the Central Government and every
regulation made by the Central Authority 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 thir ty 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 o r regulation, as the case may be, or both Houses agree that the rule or
regulation, as the case may be, should not be made, the rule or regulation, as the case may be, shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or regulation, as the case may be.
(2) Every rule made by the State Government and every regulation made by the State Authority
under this Act shall be laid, as soon as may be after it is made, before each House of the State
Legislature where it consists of two Houses, or where such Legislature consists of one House, before
that House.
125. Power to remove diffi culties .(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act, as may appear to be neces sary or expedient
for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of
commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is mad e, be laid before each
House of Parliament.
126. Repeal and saving .(1) The Mental Health Act, 1987 (14 of 1 987) is hereby repealed.
(2) Notwithstanding such repeal,
(a) anything done or any action taken or purported to have been done or taken (including any
rule, notification, inspection, order or declaration made or any document or instrument executed or
any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act
shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done
or taken under the corresponding provisions of this Act;
52
(b) the Central Authority for Mental Health Services, and the State Authority for Mental Health
Services established under the repealed Act shall, continue to function under the corresponding
provisions of this Act, unless and until the Central Authority and the State Authority are constituted
under this Act;
(c) any person appointed in the Central Authority for Mental Health Services, or the State
Authority for Mental Health Services or any person appointed as the visitor under the repealed Act
and holding office as such immediately before the commencement of this Act, shall, on such
commencement continue to hold their respective offices under the c orresponding provisions of this
Act, unless they are removed or until superannuated;
(d) any person appointed under the provisions of the repealed Act and holding office as such
immediately before the commencement of this Act, shall, on such commencement c ontinue to hold
his office under the corresponding provisions of this Act, unless they are removed or until
superannuated;
(e) any licence granted under the provisions of the repealed Act, shall be deemed to have been
granted under the corresponding provis ions of this Act unless the same are cancelled or modified
under this Act;
(f) any proceeding pending in any court under the repealed Act on the commencement of this Act
may be continued in that court as if this Act had not been enacted;
(g) any appeal pre ferred from the order of a Magistrate under the repealed Act but not disposed of
before the commencement of this Act may be disposed of by the court as if this Act had not been
enacted.
(3) The mention of the 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 ASIAN DEVELOPMENT BANK ACT, 1966
ACT NO.18 OF 1966
[29th May , 1966 .]
An Act to implement the international agreement for the establishment and operation of the
Asian Development Bank and for matters connected therewith.
BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:
1. Short title, extent and commencement. (1) This Act may be called the Asian Development
Bank Act, 1966.
(2) It extends to the whole of India.
(3) It shall come into f orce 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) Agreement means the Agreement for the establishment and operation of the international
body known as the Asian Development Bank;
(b) Bank means the Asian Development Bank established under the Agreement.
3. Payments to Bank .(1) There shall be paid out of the Con solidated Fund of India, after due
appropriation made by Parliament by law in this behalf, all such sums as may, from time to time, be
required for the purpose of paying,
(a) the subscriptions payable by the Central Government to the Bank under paragraphs 1, 2 and 3
of Article 5 of the Agreement;
(b) any commission, fees or other charges payable by the Central Government to the Bank under
Article 16 of the Agreement;
(c) any sums payable by the Central Government to the Bank under paragraph 1 of Article 25 of
the Agreement .
(2) The Central Government may, if it thinks fit so to do, create and issue to the Bank, in such form as
it thinks fit, any such non -interest bearing and non -negotiable notes or other obligations as are provided
for by paragraph 3 of Art icle 6 of the Agreement .
4. Reserve Bank to be depository for Bank .The Reserve Bank of India shall be the depository of
the Indian currency holdings of the Bank .
5. Conferment of status and certain immunities, exemptions and privileges on Bank and
conferm ent of certain immunities, exemptions and privileges on its officers and
employees .(1) Notwithstanding anything to the contrary contained in any other law, the provisions of
the Agreement set out in the Schedule shall have the force of law in India:
Provided that nothing in Article 56 of the Agreement shall be construed as
1. 19 th, December , 1966 , vide notification No. S.O. 3803 (E), dated 8 th, December, 1966, see Gazette of India, Extraordinary ,
Part II, sec. 3(ii).
3
(a) entitling the Bank to import into India goods free of any duty of customs without any
restriction on their subsequent sale therein; or
(b) conferring on the Bank any exemption from duties or taxes which from part of the price of
goods sold; or
(c) conferring on the Bank any exemption from duties or taxes which are in fact no more than
charges for services rendered .
(2) The Central Government may, by no tification in the Official Gazette, amend the Schedule in
conformity with any amendments, duly made and adopted, of the provisions of the Agreement set out
therein .
6. Power to make rules .The Central Government may, by notification in the Official Gazette ,
make rules for carrying out the purposes of this Act .
7. Notifications issued under section 5 and rules made under section 6 to be laid before
Parliament .Every notification issued under sub - section ( 2) of section 5 and every rule made under
section 6 shall be laid as soon as may be after it is issued or made before each House of Parliament while
it is in session for a total period of thirty days, which may be comprised in one session or 1[in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid], both Houses agree in making any modification in the notification or, as the
case may be, in the rule, or both Houses agree that the notification or rule should not be iss ued or made,
the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so , however, that any such modification or annulment shall be without prejudice to the
validity of anything previously don e under that notification or rule .
1. Subs. by Act 20 of 1983, s. 2 and the Schedule, for in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive session aforesaid (w.e.f. 15 -3-1983).
4
THE SCHEDULE
(See section 5)
PROVISIONS OF THE AGREEMENT WHICH SHALL HAVE FORCE OF LAW
CHAPTER VIII
STATUS , IMMUNITIES , EXEMPTIONS AND PRIVILEGES
ARTICLE 48
PURPOSE OF CHAPTER
To enable the Bank effectively to fulfil its purpose and carry out the functions entrusted to it, the
status, immunities, exemptions and privileges set forth in this Chapter shall be accorded to the Bank in the
territory of each member .
ARTICLE 49
LEGAL STATUS
The Bank shall posses full juridic al personality and, in particular, full capacity:
(i) to contract;
(ii) to acquire, and dispose of, immovable and movable property; and
(iii) to institute legal proceedings .
ARTICLE 50
IMMUNITY FROM JUDICIAL PROCEEDINGS
1. The Bank shall enjoy immunity from every form of legal process, except in c ases arising out of or
in connex ion with the exercise of its powers to borrow money, to guarantee obligations, or to buy and sell
or underwrite the sale of securities, in which cases actions may be brought again st the Bank in a court of
competent jurisdiction in the territory of a country in which the Bank has its principal or a branch office,
or has appointed an agent for the purpose of accepting service or notice of process, or has issued or
guaranteed securiti es.
2. Notwithstanding the provisions of paragraph 1 of this Article, no action shall be brought against the
Bank by any member, or by any agency or instrumentality of a member, or by any entity or person
directly or indirectly acting for or deriving claim s from a member or from any agency or instrumentality
of a member . Members shall have recourse to such special procedures for the settlement of controversies
between the Bank and its members as may be prescribed in the Agreement, in the by -laws and regulat ions
of the Bank, or in contracts entered into with the Bank .
3. Property and assets of the Bank shall, whosesoever located and by whom soever held, be immune
from all forms of seizure, attachment or execution before the delivery of final judgment against the Bank .
ARTICLE 51
IMMUNITY OF ASSETS
Property and assets of the Bank, whosesoever located and by whomsoever held, shall be immune
from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by
executive or legislati ve action .
5
ARTICLE 52
IMMUNITY OF ARCHIVES
The archives of the Bank and, in general, all documents belonging to it, or held by it, shall be
inviolable, wherever located .
ARTICLE 53
FREEDOM OF ASSETS FROM RESTRICTIONS
To the extent necessary to carry o ut the purpose and functions of the Bank effectively, and subject to
the provisions of this Agreement, all property and assets of the Bank shall be free from restrictions
regulations, controls and moratoria of any nature .
ARTICLE 54
PRIVILEGE FOR COMMUNI CATIONS
Official communications of the Bank shall be accorded by each member treatment not less favo urable
than that it accords to the official communications of any other member .
ARTICLE 55
IMMUNITIES AND PRIVILEGES OF BANK PERSONNEL
All Governors, Directors, alternates, officers and employees of the Bank, including experts
performing missions for the Bank:
(i) shall be immune from legal process with respect to acts performed by them in their official
capacity, except when the Bank waives the immunit y;
(ii) where they are not local citizens or nationals, shall be accorded the same immunities from
immigration restrictions, alien registration requirements and national service obligations, and the
same facilities as regards exchange regulations, as are a ccorded by members to the representatives,
officials and employees of comparable rank of other members; and
(iii) shall be granted the same treatment in respect of travelling facilities as is accorded by
members to representatives, officials and employees of comparable rank of other members .
ARTICLE 56
EXEMPTION FROM TAXATION
1.The Bank, its assets, property, income and its operations and transactions, shall be exempt from all
taxation and from all customs duties . The Bank shall also be exempt from any obl igation for the payment,
withholding or collection of any tax or duty .
2. No tax shall be levied on or in respect of salaries and emoluments paid by the Bank to Directors,
alternates, officers or employees of the Bank, including experts performing missions for the Bank, except
where a member deposits with its instrument of ratification or acceptance a declaration that such member
retains for itself and its political sub -divisions the right to tax salaries and emoluments paid by the Bank
to citizens or natio nals of such member .
3. No tax of any kind shall be levied on any obligation or security issued by the Bank, including any
dividend or interest thereon, by whomsoever held:
6
(i) which discriminates against such obligation or security solely because it is is sued by the
Bank; or
(ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued,
made payable or paid, or the location of any office or place of business maintained by the Bank .
4. No tax of any kind shall be levied on any obligation or security guaranteed by the Bank, including
any dividend or interest thereon, by whomsoever held:
(i) which discriminates against such obligation or security solely because it is guaranteed by the
Bank ; or
(ii) if the sole jurisdictional basis for such taxation is the location of any office or place of
business maintained by the Bank .
ARTICLE 58
WAIVER OF IMMUNIT IES, EXEMPTIONS AND PRIVILEGES
The Bank as its discretion may waive any of the privileges, immunities and exemptions conferred
under this Chapter in any case or instance, in such manner and upon such conditions as it may determine
to be appropriate in the best interests of the Bank .
|
THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
ACT NO. 40 OF 2019
[5th December, 2019.]
An Act to provide for protection of rights of transgender persons and their welfare and for matters
connected therewith and 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 and commencement .(1) This Act may be called the Transgender Persons
(Protection of Rights) Act, 2019.
(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 .
2. Definitions .In this Act, unless the context otherwise requir es,
(a) appropriate Government means,
(i) in relation to the Central Government or any establishment, wholly or substantially
financed by that Government, the Central Government;
(ii) in relation to a State Government or any establishment, wholly or substantially financed
by that Government, or any local authority, the State Government;
(b) establishment means
(i) any body or authority established by or under a Central Act or a St ate Act or an authority
or a body owned or controlled or aided by the Government or a local authority, or a Government
company as defined in section 2 of the Companies Act, 2013 (18 of 2013), and includes a
Department of the Government; or
(ii) any company or body corporate or association or body of individuals, firm, cooperative or
other society, association, trust, agency, institution;
(c) family means a group of people related by blood or marriage or by adoption made in
accordance with law;
(d) inclusive education means a system of education wherein transgender students learn
together with other students without fear of discrimination, neglect, harassment or intimidation and
the system of teaching and learning is suitably adapted to meet the lea rning needs of such students;
(e) institution means an institution, whether public or private, for the reception, care, protection,
education, training or any other service of transgender persons;
(f) local authority means the municipal corporation or Municipality or Panchayat or any other
local body constituted under any law for the time being in force for providing municipal services or
basic services, as the case may be, in respect of areas under its jurisdiction;
(g) National Council means the Nat ional Council for Transgender Persons established under
section 16;
(h) notification means a notification published in the Official Gazette;
1. 10th January, 2020, vide notification No. S.O. 135(E), dated 1 0th January, 2020, see Gazette of India, Extraordinary , Part II,
sec. 2(ii).
4
(i) person with intersex variations means a person who at birth shows variation in his or her
primary sexual ch aracteristics, external genitalia, chromosomes or hormones from normative standard
of male or female body;
(j) prescribed means prescribed by rules made by the appropriate Government under this Act;
and
(k) transgender person means a person whose gende r does not match with the gender assigned
to that person at birth and includes trans -man or trans -woman (whether or not such person has
undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy),
person with intersex vari ations, genderqueer and person having such socio -cultural identities as
kinner, hijra, aravani and jogta .
CHAPTER II
PROHIBITION AGAINST DISCRIMINATION
3. Prohibition against discrimination .No person or establishment shall discriminate against a
transgender person on any of the following grounds, name ly:
(a) the denial, or discontinuation of, or unfair treatment in, educational establishments and
services thereof;
(b) the unfair treatment in, or in relation to, employment or occupation;
(c) the d enial of, or termination from, employment or occupation;
(d) the denial or discontinuation of, or unfair treatment in, healthcare services;
(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or
enjoyment or us e of any goods, accommodation, service, facility, benefit, privilege or opportunity
dedicated to the use of the general public or customarily available to the public;
(f) the denial or discontinuation of, or unfair treatment with regard to the right of mov ement;
(g) the denial or discontinuation of, or unfair treatment with regard to the right to reside,
purchase, rent, or otherwise occupy any property;
(h) the denial or discontinuation of, or unfair treatment in, the opportunity to stand for or hold
public or private office; and
(i) the denial of access to, removal from, or unfair treatment in, Government or private
establishment in whose care or custody a transgender person may be.
CHAPTER III
RECOGNITION OF IDENTITY OF TRANSGENDER PERSONS
4. Recognition of identity of transgender person .(1) A transgender person shall have a right to
be recognised as such, in accordance with the provisions of this Act.
(2) A person recognised as transgender under sub -section ( 1) shall have a right to self -perceived
gender identity.
5. Application for certificate of identity .A transgender person may make an application to the
District Magistrate for issuing a certificate of identity as a transgender person, in such form and manner,
and accompanied with such documents, as m ay be prescribed:
Provided that in the case of a minor child, such application shall be made by a parent or guardian of
such child.
6. Issue of certificate of identity .(1) The District Magistrate shall issue to the applicant under
section 5, a certificate of identity as transgender person after following such procedure and in such form
and manner, within such time, as may be prescribed indicating the gender of such person as transgender.
5
(2) The gender of transgender person shall be recorded in all officia l documents in accordance with
certificate issued under sub -section ( 1).
(3) A certificate issued to a person under sub -section ( 1) shall confer rights and be a proof of
recognition of his identity as a transgender person.
7. Change in gender .(1) After the issue of a certificate under sub -section ( 1) of section 6, if a
transgender person undergoes surgery to change gender either as a male or female, such person may make
an application, along with a certificate issued to that effect by the Medical Superin tendent or Chief
Medical Officer of the medical institution in which that person has undergone surgery, to the District
Magistrate for revised certificate, in such form and manner as may be prescribed.
(2) The District Magistrate shall, on receipt of an ap plication along with the certificate issued by the
Medical Superintendent or Chief Medical Officer, and on being satisfied with the correctness of such
certificate, issue a certificate indicating change in gender in such form and manner and within such tim e,
as may be prescribed.
(3) The person who has been issued a certificate of identity under section 6 or a revised certificate
under sub -section ( 2) shall be entitled to change the first name in the birth certificate and all other official
documents relati ng to the identity of such person:
Provided that such change in gender and the issue of revised certificate under sub -section ( 2) shall not
affect the rights and entitlements of such person under this Act.
CHAPTER IV
WELFARE MEASURES BY GOVERMENT
8. Obligation of appropriate Government .(1) The appropriate Government shall take steps to
secure full and effective participation of transgender persons and their inclusion in society.
(2) The appropriate Government shall take such welfare measures as may be prescribed to protect the
rights and interests of transgender persons, and facilitate their access to welfare schemes framed by that
Government.
(3) The appropriate Government shall formulate welfare schemes and programmes which are
transgender sensitiv e, non -stigmatising and non -discriminatory.
(4) The appropriate Government shall take steps for the rescue, protection and rehabilitation of
transgender persons to address the needs of such persons.
(5) The appropriate Government shall take appropriate mea sures to promote and protect the right of
transgender persons to participate in cultural and recreational activities.
CHAPTER V
OBLIGATION OF ESTABLISHMENTS AND OTHER PERSONS
9. Non-discrimination in employment .No establishment shall discriminate against any
transgender person in any matter relating to employment including, but not limited to, recruitment,
promotion and other related issues.
10. Obligations of establishments .Every establishment shall ensure compliance with the
provisions of this Act and p rovide such facilities to transgender persons as may be prescribed.
11. Grievance redressal mechanism .Every establishment shall designate a person to be a
complaint officer to deal with the complaints relating to violation of the provisions of this Act.
12. Right of residence .(1) No child shall be separated from parents or immediate family on the
ground of being a transgender, except on an order of a competent court, in the interest of such child.
(2) Every transgender person shall have
(a) a right to re side in the household where parent or immediate family members reside;
(b) a right not to be excluded from such household or any part thereof; and
6
(c) a right to enjoy and use the facilities of such household in a non -discriminatory manner.
(3) Where any parent or a member of his immediate family is unable to take care of a transgender, the
competent court shall by an order direct such person to be placed in rehabilitation centre.
CHAPTER VI
EDUCATION, SOCIAL SECURITY AND HEALTH OF TRANSGENDER PERSONS
13. Obligation of educational institutions to provide inclusive education to transgender
persons .Every educational institution funded or recognised by the appropriate Government shall
provide inclusive education and opportunities for sports, recreation and leisure activities to transgender
persons without discrimination on an equal basis with others.
14. Vocational training and self -employment .The a ppropriate Government shall formulate
welfare schemes and programmes to facilitate and support livelihood for transgender persons including
their vocational training and self -employment.
15. Healthcare facilities .The appropriate Government shall take the following measures in relation
to transgender persons, namely:
(a) to set up separate human immunodeficiency virus Sero -surveillance Centres to conduct sero -
surveillance for such persons in accordance with the guidelines issued by the National AIDS Contro l
Organisation in this behalf;
(b) to provide for medical care facility including sex reassignment surgery and hormonal therapy;
(c) before and after sex reassignment surgery and hormonal therapy counselling;
(d) bring out a Health Manual related to sex re assignment surgery in accordance with the World
Profession Association for Transgender Health guidelines;
(e) review of medical curriculum and research for doctors to address their specific health issues;
(f) to facilitate access to transgender persons in hospitals and other healthcare institutions and
centres;
(g) provision for coverage of medical expenses by a comprehensive insurance scheme for Sex
Reassignment Surgery, hormonal therapy, laser therapy or any other health issues of transgender
persons.
CHA PTER VII
NATIONAL COUNCIL FOR TRANGENDER PERSONS
16. National Council for Transgender Persons .(1) The Central Government shall by notification
constitute a National Council for Transgender Persons to exercise the powers conferred on, and to
perform the functions assigned to it, under this Act.
(2) The Nat ional Council shall consist of
(a) the Union Minister in -charge of the Ministry of Social Justice and Empowerment,
Chairperson, ex officio ;
(b) the Minister of State, in -charge of the Ministry of Social Justice and Empowerment in the
Government, Vice -Chairperson, ex officio ;
(c) Secretary to the Government of India in -charge of the Ministry of Social Justice and
Empowerment, Member, ex officio ;
(d) one representative each from the Ministries of Health and Family Welfare, Home Affairs,
Housing and Urban Affairs, Minority Affairs, Human Resources Development, Rural Development,
Labour and Employment and Departments of Legal Affairs, Pensions and Pension ers Welfare and
National Institute for Transforming India Aayog, not below the rank of Joint Secretaries to the
Government of India, Members, ex officio ;
7
(e) one representative each from the National Human Rights Commission and National
Commission for Wome n, not below the rank of Joint Secretaries to the Government of India,
Members, ex officio ;
(f) representatives of the State Governments and Union territories by rotation, one each from the
North, South, East, West and North -East regions, to be nominated b y the Central Government,
Members, ex officio ;
(g) five representatives of transgender community, by rotation, from the State Governments and
Union territories, one each from the North, South, East, West and North -East regions, to be
nominated by the Centr al Government, Members;
(h) five experts, to represent non -governmental organisations or associations, working for the
welfare of transgender persons, to be nominated by the Central Government, Members; and
(i) Joint Secretary to the Government of India in the Ministry of Social Justice and Empowerment
dealing with the welfare of the transgender persons, Member Secretary, ex officio.
(3) A Member of National Council, other than ex officio member, shall hold office for a term of three
years from the date of his nomination.
17. Functions of Council .The National Council shall perform th e following functions, namely:
(a) to advise the Central Government on the formulation of policies, programmes, legislation and
projects with respect to transgender persons;
(b) to monitor and evaluate the impact of policies and programmes designed for achieving
equality and full participation of transgender persons;
(c) to review and coordinate the activities of all the departments of Government and other
Governmental and non -Governmental Organisations which are dealing with matters relating to
transgender persons;
(d) to redress the grievances of transgender persons; and
(e) to perform such other functions as may be prescribed by the Central Government.
CHAPTER VIII
OFFENCES AND PENALTIES
18. Offences and penalties .Whoever,
(a) compels or entices a transgender person to indulge in the act of forced or bonded labour other
than any compulsory service for public purposes imposed by Government;
(b) denies a transgender person the right of passage to a public place or obstructs such person
from using or having access to a public place to which other members have access to or a right to use;
(c) forces or causes a transgender person to leave household, |
a public place to which other members have access to or a right to use;
(c) forces or causes a transgender person to leave household, village or other place of r esidence;
and
(d) harms or injures or endangers the life, safety, health or well -being, whether mental or
physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse, 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.
CHAPTER IX
MISCELLANEOUS
19. Grants by Central Government. The Central Government shall, from time to time, after due
appropriation made by Parliament by law in this behalf, credit such sums to the National Council as may
be necessary for carrying out the purposes of this Act.
8
20. Act not in derogation of any other law .The provisions of this Act shall be in addition to, and
not in derogation of, any other law for the time being in force.
21. Protection of action taken in good faith .No suit, prosecution or other legal proceeding shall
lie against the appropriate Government or any local authority or any officer of the Gove rnment in respect
of anything which is in good faith done or intended to be done in pursuance of the provisions of this Act
and any rules made there under.
22. Power of appropriate Government to make rules .(1) The appropriate Government may,
subject to th e condition of previous publication, by notification, make rules for carrying out the provisions
of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:
(a) the form and manner in which an application shall be made under section 5;
(b) the procedure, form and manner and the period within which a certificate of identity is issued
under sub -section (1) of section 6;
(c) the form and manner in which an application shall be made under sub -section ( 1) of section 7;
(d) the form, period and manner for issuing revised certificate under sub -section ( 2) of section 7;
(e) welfare measures to be provided under sub -section ( 2) of sect ion 8;
(f) facilities to be provided under section 10;
(g) other functions of the National Council under clause ( e) of section 17; and
(h) any other matter which is required to be or may be prescribed.
(3) Every rule made by the Central Government under su b-section ( 1), shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the exp iry 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 mo dified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.
(4) Every rule made by the State Government under sub -section ( 1), shall be laid, as soon as may be
after it is made, before each House of the State Legislature where it consists of two Houses, or where such
legislature consists of one House, before that House.
23. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made after the expiry of the period of two years from the date of
commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
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THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
ACT NO. 32 OF 2012
[19th June, 2012 .]
An Act to protect children from offences of sexual assault, sexual harassment and pornography
and provide for establishment of Special Courts for trial of such offences and for matters
connected therewith or incidental thereto.
WHEREAS clause ( 3) of article 15 of the Constitution, inter alia , empowers the State to make special
provisions for children;
AND WHEREAS , the Government of India has acceded on the 11th December, 1992 to the Convention
on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed
a set of standards to be followed by all State parties in securing the best interests of the child;
AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy
and confidentiality be protected and respected by every person by all means and through all stages of a
judicial process invo lving the child;
AND WHEREAS it is imperative that the law operates in a manner that the best interest and well being
of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical,
emotional, intellectual and social development of the child;
AND WHEREAS the State parties to the Convention on the Rights of the Child are required to
undertake all appropriate national, bilateral and multilateral measures to prevent
(a)the inducement or coercion of a child to enga ge in any unlawful sexual activity;
(b)the exploitative use of children in prostitution or other unlawful sexual practices;
(c)the exploitative use of children in pornographic performances and materials;
AND WHEREAS sexual exploitation and sexual abuse of children are heinous crimes and need to be
effectively addressed.
BE it enacted by Parliament in the Sixty -third Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .(1) This Act may be called the Protection of Children
from Sexual Offences Act, 2012.
(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. De finitions .(1) In this Act, unless the context otherwise requires,
(a) aggravated penetrative sexual assault has the same meaning as assigned to it in section 5;
(b) aggravated sexual assault has the same meaning as assigned to it in section 9;
(c) armed forces or security forces means armed forces of the Union or security forces or police
forces, as specified in the Schedule;
(d) child means any person below the age of eighteen years;
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. 14th November, 2012, vide notification No. S.O. 2705 (E), dated 9th November, 2012, see Gazette of India Extraordinary, Part
II, sec. 3( ii).
4
1[(da) child pornography means any visual depiction of sex ually explicit conduct involving a
child which include photograph, video, digital or computer generated image indistinguishable from an
actual child and image created, adapted, or modified, but appear to depict a child;]
(e) domestic relationship shall have the same meaning as assigned to it in clause ( f) of section
2 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) ;
(f) penetrative sexual assault has the same meaning as assigned to it in section 3 ;
(g) prescribed means prescribed by rules made under this Act;
(h) religious institution shall have the same meaning as assigned to it in the Religious
Institutions (Prevention of Misuse) Act, 1988 (41 of 1988) .
(i) sexual assault has the same mean ing as assigned to it in section 7;
(j) sexual harassment has the same meaning as assigned to it in section 11;
(k) shared household means a household where the person charged with the offence lives or has
lived at any time in a domestic relationship with the child;
(l) Special Court means a court designated as such under section 28;
(m) Special Public Prosecutor means a Public Prosecutor appointed under section 32.
(2) The words and expressions used herein and not defined but defined in the India n Penal Code
(45 of 1860) , the Code of Criminal Procedure, 1973 (2 of 1974) , 2[the Juvenile Justice (Care and
Protection of Children) Act, 2015 (2 of 20 16)] and the Information Technology Act, 2000 (21 of 2000)
shall have the meanings respectively assigned to them in the said Codes or the Acts.
CHAPTER II
SEXUAL OFFENCES AGAINST CHILDREN
A.PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
3. Penetrative sexual assault .A person is said to commit penetrative sexual assault if
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or
makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina,
the urethra or anus of the child or makes the child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina,
urethra, anus or any part of body of the child or makes the child to do so with him or any other
person ; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so
to such person or any other person.
4. Punishment for penetrative sexual assault. 3[(1)] Whoever commits penetrative sexual assault
shall be punished with imprisonment of either description for a term which shall not be less than 4[ten
years ] but which may extend to imprisonment for life, and shall also be liable to fine.
5[(2) Whoever commi ts penetrative sexual assault on a child below sixteen years of age shall be
punished with imprisonment for a term which shall not be less than twenty years, but which may extend
to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person
and shall also be liable to fine.
(3) The fine imposed under sub -section ( 1) shall be just and reasonable and paid to the victim to meet
the medical expenses and rehabilitation of such victim.]
1. Ins. by Act 25 of 2019, s. 2 (w.e.f. 16 -08-2019).
2. Subs. by s. 2, ibid., for the Juvenile Justice (Care and Prote ction of Children) Act, 2000 (56 of 2000) (w.e.f. 16 -08-2019).
3. Section 4 renumbered as section 4( 1) thereof by s. 3, ibid (w.e.f. 16 -08-2019).
4. Subs. by s. 3, ibid., for seven years (w.e.f. 16 -08-2019).
5. Ins. by s. 3, ibid. (w.e.f. 16 -08-2019).
5
B.AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT THEREFOR
5. Aggravated penetrative sexual assault .(a) Whoever, being a police officer, commits
penetrative sexual assault on a child
(i) within the limits of the police station or premises at which he is appointed; or
(ii) in the premises of any station house, whether or not situated in the police station, to which he
is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as, a police officer; or
(b) whoever being a mem ber of the armed forces or security forces commits penetrative sexual assault
on a child
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the forces or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where the said person is known or identified as a member of the security or armed forces; or
(c) whoever being a public servant commits penetrative sexual assault on a child; or
(d) whoever being on the management or on th e staff of a jail, remand home, protection home,
observation home, or other place of custody or care and protection established by or under any law for the
time being in force, commits penetrative sexual assault on a child, being inmate of such jail, reman d
home, protection home, observation home, or other place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or private, commits
penetrative sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious institution,
commits penetrative sexual assault o n a child in that institution; or
(g) whoever commits gang penetrative sexual assault on a child.
Explanation. When a child is subjected to sexual assault by one or more persons of a group in
furtherance of their common intention , each of such persons shall be deemed to have committed gang
penetrative sexual assault within the meaning of this clause and each of su ch person shall be liable for that
act in the same manner as if it were done by him alone; or
(h) whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated
substance or corrosive substance; or
(i) whoever commits penetrative sexual assault causing grievous hurt or causing bodily harm and
injury or injury to the sexual organs of the child; or
(j) whoever commits penetrative sexual assault on a child, which
(i) physically incapacitates the child or causes the child to become me ntally ill as defined under
clause ( l) of section 2 of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind
so as to render the child unable to perform regular tasks, temporarily or permanently; 1***
(ii) in the case of female child, makes the child pregnant as a consequence of sexual assault;
(iii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease
or Infection which may either temporarily or permanently impair the child by rendering him
physically incapacitated, or mentally ill to perform regular tasks; 1***
2[(iv) causes death of the child; or]
1. The word or omitted by Act 25 of 2019, s. 4 (w.e.f. 16 -08-2019).
2. Ins. by s. 4, ibid (w.e.f. 16 -08-2019).
6
(k) whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual
assault on the child ; or
(l) whoever commits penetrative sexual assault on the child more than once or repeatedly; or
(m) whoever commits penetrative sexual assault on a child below twelve years; or
(n) whoever being a relative of the child through blood or adoption or marria ge or guardianship or in
foster care or having a domestic relationship with a parent of the child or who is living in the same or
shared household with the child, commits penetrative sexual assault on such child; or
(o) whoever being, in the ownership, or management, or staff, of any institution providing services to
the child, commits penetrative sexual assault on the child; or
(p) whoever being in a position of trust or authority of a child commits penetrative sexual assault on
the child in an institution or home of the child or anywhere else; or
(q) whoever commits penetrative sexual assault on a child knowing the child is pregnant; or
(r) whoever commits penetrative sexual assault on a child and attempts to murder the child; or
(s) whoever commits penetr ative sexual assault on a child in the course of 1[communal or sectarian
violence or during any natural calamity or in similar situations ]; or
(t) whoever commits penetrative sexual assault on a child and who has been previously convicted of
having committ ed any offence under this Act or any sexual offence punishable under any other law for
the time being in force; or
(u) whoever commits penetrative sexual assault on a child and makes the child to strip or parade
naked in public,
is said to commit aggravated penetrative sexual assault.
2[6. Punishment for aggravated penetrative sexual assault .(1) Whoever commits aggravated
penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less
than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the
remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub -section ( 1) shall be just and reasonable and paid to the victim to meet
the medical expenses and rehabilitation of such victim.]
C. SEXUAL ASSAULT AND PUNISHMENT THEREFOR
7. Sexual assault. Whoever, with sexual intent touches the vagina, penis, anus or breast of the child
or makes the child touch the vag ina, penis, anus or breast of such person or any other person, or does any
other act with sexual intent which involves physical contact without penetration is said to commit sexual
assault.
8. Punishment for sexual assault. Whoever, commits sexual assault, shall be punished with
imprisonment of either description for a term which shall not be less than three years but which may
extend to five years, and shall also be liable to fine.
D. AGGRAVATED SEXUAL ASSAULT AND PUNISHMENT THEREFOR
9. Aggravated sexual assault. (a) Whoever, being a police officer, commits sexual assault on a
child
(i) within the limits of the police station or premises where he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is
appointed; or
(iii) in the course of his duties or otherwise; or
1. Subs. by Act 25 |
(iii) in the course of his duties or otherwise; or
1. Subs. by Act 25 of 2019, s. 4, for communal or sectarian violence (w.e.f. 16 -08-2019).
2. Subs. by s. 5, ibid., for section 6 (w.e.f. 16-08-2019).
7
(iv) where he is known as, or identified as a police officer; or
(b) whoever, being a member of the armed forces or security forces, commits sexual assault on a
child
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the security or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of the security or armed forces; or
(c) whoever being a public servant commits sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, or remand home or protection home or
observation home, or other place o f custody or care and protection established by or under any law for the
time being in force commits sexual assault on a child being inmate of such jail or remand home or
protection home or observation home or other place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or private, commits
sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious institution,
commi ts sexual assault on a child in that institution; or
(g) whoever commits gang sexual assault on a child.
Explanation .when a child is subjected to sexual assault by one or more persons of a group in
furtherance of their common intention , each of such persons shall be deemed to have committed gang
sexual assault within the meaning of this clause and each of such person shall be liable for that act in the
same manner as if it were done by him alone; or
(h) whoever commits sexual assault on a child using deadly weapons, fire, heated substance or
corrosive substance; or
(i) whoever commits sexual assault causing grievous hurt or causing bodily harm and injury or injury
to the sexual organs of the child; or
(j) whoever commits sexual assault on a child, whic h
(i) physically incapacitates the child or causes the child to become mentally ill as defined under
clause ( l) of section 2of the Mental Health Act, 1987 (14 of 1987) or causes impairment of any kind
so as to render the child unable to perform regular tasks , temporarily or permanently; or
(ii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or
infection which may either temporarily or permanently impair the child by rendering him physically
incapacitated, or m entally ill to perform regular tasks; or
(k) whoever, taking advantage of a childs mental or physical disability, commits sexual assault on the
child; or
(l) whoever commits sexual assault on the child more than once or repeatedly; or
(m) whoever commits sexual assault on a child below twelve years; or
(n) whoever, being a relative of the child through blood or adoption or marriage or guardianship or in
foster care, or having domestic relationship with a parent of the child, or who is living in the same or
shared household with the child, commits sexual assault on such child; or
(o) whoever, being in the ownership or management or staff, of any institution providing services to
the child, commits sexual assault on the child in such institution; or
(p) whoev er, being in a position of trust or authority of a child, commits sexual assault on the child in
an institution or home of the child or anywhere else; or
(q) whoever commits sexual assault on a child knowing the child is pregnant; or
(r) whoever commits sexual assault on a child and attempts to murder the child; or
8
(s) whoever commits sexual assault on a child in the course of 1[ communal or sectarian violence or
during any natural calamity or in any similar situations ]; or
(t) whoever commits sexual assa ult on a child and who has been previously convicted of having
committed any offence under this Act or any sexual offence punishable under any other law for the time
being in force; or
(u) whoever commits sexual assault on a child and makes the child to st rip or parade naked in public ;
2[(v) whoever persuades, induces, entices or coerces a child to get administered or administers or
direct anyone to administer, help in getting administered any drug or hormone or any chemical substance,
to a child with the intent that such chil d attains early sexual maturity ,]
is said to commit aggravated sexual assault.
10. Punishment for aggravated sexual assault .Whoever, commits aggravated sexual assault shall
be punished with imprisonment of either description for a term which shall not be less than five years but
which may extend to seven years, and shall also be liable to fine.
E.SEXUAL HARASSMENT AND PUNISHMENT THEREFOR
11. Sexual harassment. A person is said to commit sexual harassment upon a child when such
person w ith sexual intent,
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of
body with the intention that such word or sound shall be heard, or such gesture or object or part of
body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any
other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contact s a child either directly or through
electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film
or digital or any other mode, of any part of the body of the child or the in volvement of the child in a
sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
Explanation .Any question which involves sexual inte nt shall be a question of fact.
12. Pu nishment for sexual harassment. Whoever, commits sexual harassment upon a child shall
be punished with imprisonment of either description for a term which may extend to three years and shall
also be liable to fine.
CHAPTER III
USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR
13. Use of ch ild for pornographic purposes. Whoever, uses a child in any form of media
(including programme or advertisement telecast by television channels or internet or any other electronic
form or printed form, whether or not such programme or advertisement is intended for personal use or for
distribution), for the purposes of sexual gratification, which includes
(a) representation of the sexual organs of a child;
(b) usage of a child engaged in real or simulated sexual acts (with or without penetration);
(c) the indecent or obscene representation of a child,
shall be guilty of the offence of using a child for pornographic purposes .
1. Subs. by Act 25 of 2019, s. 6, for communal or sectarian violence (w.e.f. 16 -08-2019).
2. Ins. by s. 6, ibid. (w.e.f. 16 -08-2019).
9
Explanation .For the purposes of this section, the expression use a child shall include involving a
child through any medium like print, electronic, computer or any other technology for preparation,
production, offering, transmitting, publishing, facilitation and distribution of the pornographic material.
1[14. Punishment for using child for pornographic purposes .(1) Whoever uses a child or
children for pornographic purposes shall be punished with imprisonment for a term which shall not be
less than five years and shall also be liable to fine and in the event of second or subsequent convictio n
with imprisonment for a term which shall not be less than seven years and also be liable to fine.
(2) Whoever using a child or children for pornographic purposes under sub -section ( 1), commits an
offence referred to in section 3 or section 5 or section 7 or section 9 by directly participating in such
pornographic acts, shall be punished for the said offences also under section 4, section 6, section 8 and
section 10, respectively, in addition to the punishment provided in sub -section ( 1).]
2[15. Punishment for storage of pornographic material involving child .(1) Any person, who
stores or possesses pornographic material in any form involving a child, but fails to delete or destroy or
report the same to the designated authority, as may be prescribed, with an intention to share or transmit
child pornography, shall be liable to fine not less than five thousand rupees and in the event of second or
subsequent offence, with fine which shall not be less than ten thousand rupees.
(2) Any person, who stores or posses ses pornographic material in any form involving a child for
transmitting or propagating or displaying or distributing in any manner at any time except for the purpose
of reporting, as may be prescribed, or for use as evidence in court, shall be punished wi th imprisonment
of either description which may extend to three years, or with fine, or with both.
(3) Any person, who stores or possesses pornographic material in any form involving a child for
commercial purpose shall be punished on the first conviction with imprisonment of either description
which shall not be less than three years which may extend to five years, or with fine, or with both and in
the event of second or subsequent conviction, with imprisonment of either description which shall not be
less than five years which may extend to seven years and shall also be liable to fine.]
CHAPTER IV
ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
16. Abetment of an offence. A person abets an offence, who
First .Instigates any person to do that offence; or
Secondly . Engages with one or more other person or persons in any conspiracy for the doing of
that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to
the doing of that offence; or
Thirdly .Intentionally aid s, by any act or illegal omission, the doing of that offence.
Explanation I .A person who, by wilful misrepresentation, or by wilful concealment of a material
fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or proc ure a thing
to be done, is said to instigate the doing of that offence.
Explanation II .Whoever, either prior to or at the time of commission of an act, does anything in
order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid
the doing of that act.
Explanation III .Whoever employ, harbours, receives or transports a child, by means of threat or use
of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position,
vulnerab ility or the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person, for the purpose of any offence under this Act, is said to aid the doing of that
act.
1. Subs. by Act 25 of 2019, s. 7, for section 14 (w.e.f. 16 -08-2019).
2. Subs. by s. 8, ibid., for section 15 (w.e.f. 16 -08-2019).
10
17. Punishment for abetment. Whoever abets any offence under this Act, if the act abetted is
committed in consequence of the abetment, shall be punished with punishment provided for that offence.
Explanation. An act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which
constitutes the abetment.
18. Punishment for attempt to commit an offence. Whoever attempts to commit any offence
punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act
towards the commission of the offence, shall be punished with imprisonment of any description provided
for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may
be, one -half of the longest term of imprisonment provided for that offence or with fineor with both.
CHAPTER V
PROCEDURE FOR REPORTING OF CASES
19. Reporting of offences. (1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of1974) any person(including the child), who has apprehension that an offence under
this Act is likely to be committed or has knowledge that such an offence has been committed, he sha ll
provide such information to,
(a) the Special Juveni le Police Unit; or
(b) the local police.
(2) Every report given under sub -section ( 1) shall be
(a) ascribed an entry number and recorded in writing;
(b) be read over to the informant;
(c) shall be entered in a book to be kept by the Police Unit.
(3) Where the report under sub -section ( 1) is given by a child, the same shall be recorded under
sub-section ( 2) in a simple language so that the child understands contents being recorded.
(4) In case contents are being recorded in the language not understood by the child or wherever it is
deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of
such fees as may be prescribed, shall be provided to the child if he fails to understand the same.
(5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an
offence has been committed is in need of care and protection, then, it shall, after recording the reaso ns in
writing, make immediate arrangement to give him such care and protection including admitting the child
into shelter home or to the nearest hospital within twenty -four hours of the report, as may be prescribed.
(6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a
period of twenty -four hours, report the matter to the Child Welfare Committee and the Special Court or
where no Special Court has been designated, to the Court of Session, including need of the chi ld for care
and protection and steps taken in this regard.
(7) No person shall incur any liability, whether civil or criminal, for giving the information in good
faith for the purpose of sub-section ( 1).
20. Obligation of media, studio and photograph ic facilities to report cases. Any personnel of the
media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called,
irrespective of the number of |
media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called,
irrespective of the number of persons employed therein, shall, on coming across any material or obje ct
which is sexually exploitative of the child (including pornographic, sexually -related or making obscene
representation of a child or children) through the use of any medium, shall provide such information to
the Special Juvenile Police Unit, or to the l ocal police, as the case m ay be.
21. Punishment for failure to report or rec ord a case. (1) Any person, who fails to report the
commission of an offence under sub -section ( 1) of section 19 or section 20 or who fails to record such
11
offence under sub -section (2) of section 19 shall be punished with imprisonment of either description
which may extend to six months or with fine or with both.
(2) Any person, being in -charge of any company or an institution (by whatever name called) who fails
to report the commis sion of an offence under sub -section ( 1) of section 19 in respect of a subordinate
under his control, shall be punished with imprisonment for a term which may extend to one year and with
fine.
(3) The provisions of sub -section ( 1) shall not apply to a chil d under this Act.
22. Punishment for false complaint or false information .(1) Any person, who makes false
complaint or provides false information against any person, in respect of an offence committed under
sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him,
shall be punished with imprisonment for a term which may extend to six months or with fine or with both.
(2) Where a false complaint has been made or false information has been provided by a child, no
punishment shall be imposed on such child.
(3) Whoever, not being a child, makes a false complaint or provides false information against a child,
knowing it to be false, thereby victimizing such child in any of the offences under this Act, shall be
punished with imprisonment, which may extend to one year or with fine or with both.
23. Procedure for media. (1) No person shall make any report or present comments on any child
from any form of media or studio or photographic facilities without having complet e and authentic
information, which may have the effect of lowering his reputation or infringing upon his privacy.
(2) No reports in any media shall disclose, the identity of a child including his name, address,
photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure
of identity of the child:
Provided that for reasons to be recorded in writing, the Special Court, competent to try the case under
the Act, may permit such disclosure, if in its opinion suc h disclosure is in the interest of the child.
(3) The publisher or owner of the media or studio or photographic facilities shall be jointly and
severally liable for the acts and omissions of his employee.
(4) Any person who contravenes the provisions of su b-section ( 1) or sub -section ( 2) shall be liable to
be punished with imprisonment of either description for a period which shall not be less than six months
but which may extend to one year or with fine or with both.
CHAPTER VI
PROCEDURES FOR RECORDING STA TEMENT OF THE CHILD
24. Reco rding of statement of a child. (1) The statement of the child shall be recorded at the
residence of the child or at a place where he usually resides or at the place of his choice and as far as
practicable by a woman police officer not below the rank of sub -inspector.
(2) The police officer while recording the statement of the child shall not be in uniform.
(3) The police officer making the investigation, shall, while examining the child, ensure that at no
point of time the c hild come in the contact in any way with the accused.
(4) No child shall be detained in the police station in the night for any reason.
(5) The police officer shall ensure that the identity of the child is protected from the public media,
unless otherwise directed by the Special Court in the interest of the child.
25. Recording of state ment of a child by Magistrate. (1) If the statement of the child is being
recorded under section 164 of the Code of Criminal Procedure, 1973 (2 of 1974) (herein referred to as the
Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record
the statement as spoken by the child:
Provided that the provisions contained in the first proviso to sub -section ( 1) of section 164 of the
Code s hall, so far it permits the presence of the advocate of the accused shall not apply in this case.
12
(2) The Magistrate shall provide to the child and his parents or his representative, a copy of the
document specified under section 207 of the Code, upon the final report being filed by the police under
section 173 of that Code.
26. Additional provisions regarding statement to be recorded. (1) The Magistrate or the police
officer, as the case may be, shall record the statement as spoken by the child in the pre sence of the parents
of the child or any other person in whom the child has trust or confidence.
(2) Wherever necessary, the Magistrate or the police officer, as the case may be, may take the
assistance of a translator or an interpreter , having such qualif ications, experience and on payment of such
fees as may be prescribed, while recording the statement of the child.
(3) The Magistrate or the police officer, as the case may be, may, in the case of a child having a
mental or physical disability , seek the assistance of a special educator or any person familiar with the
manner of communication of the child or an expert in that field, having such qualifications, experience
and on payment of such fees as may be prescribed, to record the statement of the child.
(4) Wherever possible, the Magistrate or the police officer, as the case may be, shall ensure that the
statement of the child is also recorded by audio -video electronic means.
27. M edical examination of a child. (1) The medical examination of a child in r espect of whom
any offence has been committed under this Act, shall, notwithstanding that a First Information Report or
complaint has not been registered for the offences under this Act, be conducted in accordance with
section 164A of the Code of Criminal Procedure, 1973 (2 of 1973) .
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
(3) The medical examination shall be conducted in the presence of the parent of the child or any other
person in whom the child reposes trust or confidence.
(4) Where, in case the parent of the child or other person referred to in sub -section (3) cannot be
present, for any reason, during the medical examination of the child, the medical examination shall be
conducted in the presence of a woman nominated by the head of the medical institution.
CHAPTER VII
SPECIAL COURTS
28. Designation of Special Courts. (1) For the purposes of providing a speedy trial, the State
Government shall in consultation with the Chief Justice of the High Court, by notification in the Official
Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the
Act:
Provided that if a Court of Session is notified as a childrens court under the Commissions for
Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court designated for similar purposes under
any other law for the time being in force, then, s uch court shall be deemed to be a Special Court under
this section.
(2) While trying an offence under this Act, a Special Court shall also try an offence [other than the
offence referred to in sub -section (1)], with which the accused may, under the Code o f Criminal
Procedure, 1973 (2 of 1974) be charged at the same trial.
(3) The Special Court constituted under this Act, notwithstanding anything in the Information
Technology Act, 2000 (21 of 2000) shall have jurisdiction to try offences under section 67B of that Act in
so far as it relates to publication or transmission of sexually explicit material depicting children in any act,
or conduct or manner or facilitates abuse of children online.
29. Pres umption as to certain offence s.Where a person is prosecute d for committing or abetting
or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court
shall presume, that such person has committed or abetted or attempted to commit the offence, as the case
may be unless the contrary is proved.
30. Presump tion of culpable mental state. (1) In any prosecution for any offence under this Act
which requires a culpable mental state on the part of the accused, the Special Court shall presume the
13
existence of such mental state but it shall be a defence for the accused to prove the fact that he had no
such mental state with respect to the act charged as an offence in that prosecution .
(2) For the purposes of this section, a fact is said to be proved only when the Special Court believes it
to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of
probability.
Explanation .In this section, culpable mental state includes intention, motive, knowledge of a fact
and the belief in, or reason to believe, a fact.
31. Application of Code of Criminal Procedure, 1973 to proc eedings before a Special Court.
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973
(2 of 1974) (including the provisions as to bail and bonds )shall apply to the proceedings before a Special
Court and for the purposes of the said provisions, the Special Court shall be deeme d to be a court of
Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public
Prosecutor.
32. Special Public Prosecutors. (1) The State Government shall, by notification in the Official
Gazette, appoint a Speci al Public Prosecutor for every Special Court for conducting cases only under the
provisions of this Act.
(2) A person shall be eligible to be appointed as a Special Public Prosecutor under sub -section ( 1)
only if he had been in practice for not less than s even years as an advocate.
(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a
Public Prosecutor within the meaning of clause ( u) of section 2 of the Code of Criminal Procedure, 1973
(2 of 1974) and provision of that Code shall have effect accordingly.
CHAPTER VIII
PROCEDURE AND POWERS OF SPECIAL COURTS AND RECORDING OF EVIDENCE
33. Procedur e and powers of Special Court. (1) A Special Court may take cognizance of any
offence, without the accused being committed to it for trial, upon receiving a complaint of facts which
constitute such offence, or upon a police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the accused shall,
while recording the examination -in-chief, cross -examination or re -examination of the child, communicate
the questions to be put to the child to the Special Court which shall in turn put those questions to the
child.
(3) The Special Court may, if it considers necessary, permit frequent breaks for the child during the
trial.
(4) The Special Court shall create a child -friendly atmosphere by allowing a family member, a
guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court.
(5) The Special Court shall ensure that the child is not called repeatedly to testify in the court.
(6) The Special Court shall not permit aggressive questioning or character assassination of the child
and ensure that dignity of the child is maintained at all time s during the trial.
(7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the
course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if
in its opinion such disclosure is in the interest of the child.
Explanation .For the purposes of this sub -section, the identity of the child shall include the identity
of the child's family, school, relatives, neighbourhood or any other information by which the identity of
the child may be revealed.
14
(8) In appropriate cases, the Special Court may, in addition to the punishment, direct payment of such
compensation as may be prescribed to the child for any physical or mental t rauma caused to him or for
immediate rehabilitation of such child.
(9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the trial of any
offence under this Act, have all the powers of a Court of Session and shall try such of fence as if it were a
Court of Session, and as far as may be, in accordance with the procedure specified in the Code of
Criminal Procedure, 1973 (2 of 1974) for trial before a Court of Session.
34. Procedure in case of commission of offence by child and de termi nation of age by Special
Court. (1) Where any offence under this Act is committed by a child, such child shall be dealt with
under the provisions of 1[the Juvenile Justice (Care and P rotection of Children) Act, 2015 (2 of 2016 )].
(2) If any question arises in any proceeding before the Special Court whether a person is a child or
not, such question shall be determined by the Special Court after satisfying itself about the age of such
person and it shall record in writing its reasons for such determinat ion.
(3) No order made by the Special Court shall be deemed to be invalid merely by any subsequent proof
that the age of a personas determined by it under sub -section ( 2) was not the correct age of that person.
35. Period for recording of evidence of child and disposal of case. (1) The evidence of the child
shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and
reasons for delay, if any, shall be recorded by the Special Court.
(2) The Special Court shall c omplete the trial, as far as possible, within a period of one year from the
date of taking cognizance of the offence.
36. Child not to see accu sed at the time of testifying. (1) The Special Court shall ensure that the
child is not exposed in anyway to the accused at the time of recording of the evidence, while at the same
time ensuring that the accused is in a position to hear the statement of the child and communicate with his
advocate.
(2) For the purposes of sub -section ( 1 |
hear the statement of the child and communicate with his
advocate.
(2) For the purposes of sub -section ( 1), the Special Court may record the statement of a child through
video conferencing or by utilising single visibility mirrors or curtains or any other device.
37. Tri als to be conducted in camera .The Special Court shall try cases in camera and in the
presence of the parents of t he child or any other person in whom the child has trust or confidence:
Provided that where the Special Court is of the opinion that the child needs to be examined at a place
other than the court, it shall proceed to issue a commission in accordance with t he provisions of section
284 of the Code of Criminal Procedure, 1973 (2 of 1974) .
38. Assistance of an interpreter or expert whil e recording evidence of child. (1) wherever
necessary, the Court may take the assistance of a translator or interpreter having such qualifications,
experience and on payment of such fees as may be prescribed, while recording the evidence of the child.
(2) If a child has a mental or physical disability, the Special Court may take the assistance of a special
educator or any person familiar with the manner of communication of the child or an expert in that field,
having such qualifications, experience and on payment of such fees as may be prescribed to record the
evidence of the child.
CHAPTER IX
MISCELLANEOUS
39. Guidelines for child to ta ke assistance of experts, etc .Subject to such rules as may be made
in this behalf, the State Government shall prepare guidelines for use of non -governmental organisations,
professionals and experts or persons having knowledge of psychology, soc ial work, physical health,
mental health and child development to be associated with the pre -trial and trial stage to assist the child.
1. Subs. by Act 25 of 2019, s. 9, for the Juvenile Justice (Care and Protection of Children) Act, 2000 ( 56 of 2000) (w.e.f. 16 -
08-2019).
15
40. Right of child to take ass istance of legal practitioner. Subject to the proviso to section 301 of
the Code of Crimin al Procedure, 1973 (2 of 1974) the family or the guardian of the child shall be entitled
to the assistance of a legal counsel of their choice for any offence under this Act:
Provided tha t if the family or the guardian of the child are unable to afford a leg al counsel, the Legal
Services Authority shall provide a lawyer to them.
41.Provisions of sections 3 to 13 not to apply i n certain cases. The provisions of sections 3 to 13
(both inclusive) shall not apply in case of medical examination or medical treatment of a child when such
medical examination or medical treatment is undertaken with the consent of his parents or guardian.
1[42. Alternate punishment. Where an act or omission constitutes an offence punishable under this
Act and also under sections 166A, 354A, 354B, 354C , 354D, 370, 370A, 375, 376, 2[376A, 376AB,
376B, 376C, 376D, 376DA, 376DB] , 3[376E, section 509 of the Indian Penal Code or section 67B of the
Information Technology Act, 2000 (21 of 2000)] , then, notwithstanding anything contained in any law for
the time being in force, the offender found guilty of such offence shall be liable to punishment only under
this Act or under the Indian Penal Code as provides for punishment which is greater in degree.
STATE AMENDMENT
Arunachal Pr adesh
Amendment of section 42. In section 42 of the Protection of Children Act, 2012 for the words
figures and letters sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D,
376E or section 509 of the Indian Penal Code the words figu res and letters sections 166A 354A, 354B,
354C, 354D, 370, 370A, 375, 376, 376A, 376AA, 376C, 376D, 376DA, 376E or section 509 of the Indian
Penal Code shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2019, s. 26]
42A. 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 law for the time being in force and, in case of any
inconsistency, the provisions of this Act shall have ov erriding effect on the provisions of any such law to
the extent of the inconsistency. ]
43. Public awareness about Act. The Central Government and every State Government, shall take
all measures to ensure that
(a) the provisions of this Act are given wide publicity through media including the television,
radio and the print media at regular intervals to make the general public, children as well as their
parents and guardians aware of the provisions of this Act;
(b) the officers of the Central Government and the State Governments and other concerned
persons (including the police officers) are imparted periodic training on the matters relating to the
implementation of the provisions of the Act.
44. Mon itoring of implementation of Act.(1) The National Commissi on for Protection of Child
Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child
Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005
(4 of 2006) shall, in addition to the functions assigned to them under that Act, also monitor the
implementation of the provisions of this Act in s uch manner as may be prescribed.
(2) The National Commission or, as the case may be, the State Commission, referred to in sub-section
(1), shall, while inquiring into any matter relating to any offence under this Act, have the same powers as
are vested in it under the Commissions for Prote ction of Child Rights Act, 2005 ( 4 of 2006) .
(3) The National Commission or, as the case may be, the State Commission, referred to in sub -section
(1), shall, also include, its activities under this section, in the annual report referred to in section 16 of the
Commissions for Protection of Child Rights Act, 2005 ( 4 of 2006) .
1. Subs. by Act 13 of 2013, s. 29, for s. 42 (w.e.f. 3 -2-2013).
2. Subs. by Act 22 of 2018, s. 25, for 376A, 376C, 376D (w.e.f. 21 -4-2018).
3. Subs. by Act 25 of 2019, s. 10, for 376E or section 509 of the Indian Penal Code (45 of 1860) (w.e.f. 16 -08-2019).
16
45. Power to mak e rules. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:
1[(a) the manner of deleting or destroying or reporting about pornographic material in any form
involving a child to the designated authority under sub -section ( 1) of section 15;
(aa) the manner of reporting about por nographic material in any form involving a child under
sub-section ( 2) of section 15;]
2[(ab)] the qualifications and experience of, and the fees payable to, a translator or an interpreter,
a special educator or any person familiar with the manner of communication of the child or an expert
in that field, under sub -section ( 4) of section 19; sub -sections( 2) and ( 3) of section 26 and section 38 ;
(b) care and protection and emergency medical treatment of the child under sub -section ( 5) of
section 19;
(c) the payment of compensation under sub -section ( 8) of section 33;
(d) the manner of periodic monitoring of the provisions of the Act under sub -section ( 1) of
section44.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, howe ver, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
46. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for
removal of the difficulty:
Provided that no order shall be made under thi s section after the expiry of the period of two years
from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
1. Ins. by Act 25 of 2019, s. 11 (w.e.f. 16 -08-2019).
2. Clause ( a) re-lettered as clause ( ab) thereof by Act 25 of 2019, s. 11 (w.e.f. 16 -08-2019).
17
THE SCHEDULE
[See section 2( c)]
ARMED FORCES AND SECURITY FORCES CONSTITUTED UNDER
(a) The Air Force Act, 1950 (45 of 1950);
(b) The Army Act, 1950 (46 of 1950);
(c) The Assam Rifles Act, 2006 (47 of 2006);
(d) The Bombay Home Guard Act, 1947 (3 of 1947);
(e) The Border Security Force Act, 196 8 (47 of 1968);
(f) The Central Industrial Security Force Act, 1968 (50 of 1968);
(g) The Central Reserve Police Force Act, 1949 (66 of 1949);
(h) The Coast Guard Act, 1978 (30 of 1978);
(i) The Delhi Special Police Establishment Act, 1946 (25 of 1946);
(j) The Indo -Tibetan Border Police Force Act, 1992 (35 of 1992);
(k) The Navy Act, 1957 (62 of 1957);
(l) The National Investigation Agency Act, 2008 (34 of 2008);
(m) The National Security Guard Act, 1986 (47 of 1986);
(n) The Railway Protection Force Act, 1957 (23 of 1957);
(o) The Sashastra Seema Bal Act, 2007 (53 of 2007);
(p) The Special Protection Group Act, 1988 (34 of 1988);
(q) The Territorial Army Act, 1948 (56 of 1948);
(r) The State police forces (including armed constabulary) constituted under th e State laws to aid the
civil powers of the State and empowered to employ force during internal disturbances or otherwise
including armed forces as defined in clause ( a) of section 2 of the Armed Forces (Special Powers) Act,
1958 (28 of 1958).
____________ |
THE COURT -FEES ACT, 1870
ACT NO. 7 O F 18701
[11th March, 1870.]
CHAPTER I
PRELIMINARY
1. Short title. This Act may be called the Court -fees Act, 1870.
Extent of Act .It extend s to the whole of India except 2[the territories which, immediately before
the 1st November, 1956, were comprised in Part B States];
Commence ment of Act .And it shall come into force on the first day of April, 1870.
3[1A. Definition of appropriate Government .In this Act the appropriate Government
means, in relation to fees or stamps relating to documents presented or to be presented before any
officer serving under the Central Government, that Government, and in relation to any other fees
or stamps, the State Government.]
42. [Chief Controlling Revenue -authority defined. ] Rep. by the A. O. 1937.
1. It has been declared inapplicable to proceedings before officer s making a settlement, and in certain other cases under the S onthal
Parganas Settlement Regulation , 1872 (Reg. 3 of 1872), s. 8, as amended by the S onthal Parganas Justice and Laws Regulation, 1899
(Reg. 3 of 1899).
It has been extended to and brought into f orce in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I
(w.e.f. 1 -7-1965) , to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., and to the whole of Union territory of
Lakshadweep by Reg. 8 of 1 863, s. 3 and Sch., with modification (w .e.f. 1 -10-1967).
It has been amended in
Ajmer -Merwara by Act 31 of 1930;
Assam by Assam Acts 4 of 1922, 3 of 1932, 18 of 1947, 8 of 1950, 27 of 1954 , 22 of 1955, 3 of 1958 , 19 of 1958, 12 of 1960
and 28 of 1972;
Bengal by Bengal Acts 3 of 1898, 4 of 1922, 6 of 1922, 7 of 1935, 11 of 1935 and 3 of 1941;
Bihar by Bihar Acts 17 of 1939 and 7 of 19 58.
Bihar and Orissa by B. & O. Act 2 of 1922;
Bombay by Bombay Acts 2 of 1932 and 15 of 1943;
C.P. by C.P. Act 16 of 1935;
C.P. and Berar by C.P . and Berar Acts 9 of 1938, 16 of 1940, 9 of 1941, 5 of 1945 and 7 of 1948 and M.P. Acts 4 and 38 of
1950, 13 and 22 of 1951 and 9 of 1953;
Himachal Pradesh by H.P. Act 4 of 1952;
Madras by Madras Acts 5 of 1922 and 17 of 1945;
Orissa by Orissa Acts 5 of 1939, 4 of 1945, 13 of 1957, 12 of 1974 and 55 of 1975;
Punjab by Act 17 of 1887 and Punjab Acts 7 of 1922, 1 of 1942, E.P. Act 26 of 1949 and Pun. Act 31 of 1953,
19 of 1957, 20 of 1960 and 9 of 1979;
U.P. by U.P. Acts 12 of 1922, 3 of 1933, 2 of 1936, 19 of 1938, 9 of 1941, 14 of 1942, 8 of 1943, 5 of 1944, 14 of
1948, 28 of 1957, 10 of 1959, 34 of 1970 and 9 of 1975;
Andaman and Nicobar Islands by Reg. 2 of 1957;
Meghalaya by Meghalaya Acts 2 of 1973 and 5 of 1973;
Madhya Pradesh by Madhya Pradesh Acts 24 of 1975 and 4 of 1976;
Delhi by Central Act 28 of 1967; and
Haryana by Haryana Acts 11 of 1974 and 22 of 1974.
The Act has been repealed in its application to Bombay area and Coorg district of Mysore by Mysore Act 16 of 1958.
It has be en rep ealed in part in partially excluded areas in Madras and Koraput by Madras Reg. 6 of 1940 and Orissa Reg. 7 of 1943,
respectively.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for Part B States.
3. Ins. by the A.O. 1937.
4. The Original s. 2 relating to repeal of enactments was rep. by the Repealing Act, 1870 (14 of 1870). A section defining Chief
Controlling Revenue -authority was added by s. 2 of the Court -fees (Amendment) Act, 1901 (10 of 1901), and was slightly amended
by the Repeali ng and Amending Act, 1917 (24 of 1917). For the definition of the Chief Controlling Revenue -authority see now the
General Clauses Act, 1897 (10 of 1897), s. 3 (10).
The A.O. 1937 rep. s. 2 as in force elsewhere than in Bengal. In that Province the secti on subs. by the Court -fees (Bengal
Amendment) Act, 1935 (Ben. 7 of 1935), s. 3 contains definitions of appeal, Chief Controlling Revenue -authority,
Collector and Suit.
5
STATE AMENDMENT
Orissa
Amendment of sectio n 2 of Act (7 of 1870). For section 2 of the Court Fees Act, 1870, hereinafter
called the principal Act, the following section shall be substituted:
2. Definition .In this Act, unless there is anything repugnant in the subject or context,
(1) appeal includes a cross objection;
(2) suit includes an appeal from a decree except in section 8 -A.
[Vide Orissa Act 5 of 1939 , s. 3]
CHAPTER II
FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES
AT THE PRESIDENCY -TOWNS
3. Levy of fees in High Courts on their original sides. The fees payable for the time being to the
clerks and officers (other than the Sheriffs and attorneys) of 1[the 2[High Courts other than those of
Kerala, Mysore and Rajasthan]],
or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14, 3***
20 and 21 of the second, schedule to this Act annexed;
Levy of fees in Presidency Small Cause Courts. and the fees for the time being chargeable in the
Courts of Small Causes at the 4presidency -towns, and their several o ffices;
shall be collected in manner hereinafter appearing.
4. Fees on documents filed, etc., in High Courts, in their extraordinary jurisdic tion. No
document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable
with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said
High Courts in any case coming before such Court in the exercise of its extra ordinary original civil
jurisdiction;
or in the exercise of its extraor dinary original criminal jurisdiction;
In their appellate jurisdiction. or in the exercise of its jurisdiction as regards appeals from the
5[judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the
Court) of one] or more Judges of the said Court, or of a Division Court;
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
As Courts of reference and revision. or in the exercise of its jurisdiction as a Court of reference or
revision;
unless in respect of such document there be paid a fee of an amount not less than that indicated by
either of the said schedules as the proper fee for such document.
STATE AMENDMENT
Uttar Pradesh
Amendment of section 4 of Act VII of 1870 .In the marginal heading to the first clause of
section 4 of the Court Fees Act, 1870, as amended from time to time in its application to Uttar Pradesh for
the words in the High Courts in their ordinary or extraordinary jurisdiction shall be substitution.
[Vide Uttar Pradesh Act X of 1959, s. 2]
1. Subs by the A.O. 1950, for the Courts which are High Courts for the purposes of the Government of India Act, 1935.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for High Courts for Part A States.
3. The number 16 rep. by Act 12 of 1891.
4. See the Presidency Small Cause Courts Act, 1882 (15 of 1882), Ch. X.
5. Subs. by Act 19 of 1922, s. 2, for judgment of two .
6
Amendment of section 4 of Act VII of 1870. In section 4 of the Court Fees Act, 1870, as amended
from time to time in its application to Uttar Pradesh
(1) for the words any of the said High Courts, the words the High Court of Judicature at
Allahabad shall be substituted;
(2) between the words in the exercise of its and the words extraordinary original civil
jurisdiction, the words ordinary or shall be inserted;
(3) between the words in the exercise of its and the words extraordinary original criminal
jurisdiction, the words ordinary or shall be inserted; and
(4) after the sub -paragraph or in the exercise of its jurisdiction as a Court of reference or
revision, the following sub-paragraphs shall be added
Or in the exercise of its jurisdiction to issue directio n the exercise of nation, orders or writs
under the jurisdiction to issue Constitution of India;
Or in the exercise of jurisdiction in any other in the exercise of any other jurisdiction matter.
[Vide Uttar Pradesh Act X of 1959, s. 3]
5. Procedure in case of difference as to necessity or amount of fee. When any difference arises
between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or
attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference
arises in any of the said High Courts, be referred to the taxing -officer, whose decision thereon shall be
final, except when the questio n is, in his opinion, one of general importance, in which case he shall refer
it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the
Chief Justice shall appoint either generally or specially in this beha lf.
When any such difference arises in any of the said Courts of Small Causes, the question shall be
referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in
his opinion, one of general importance, in which case he shall refer it to the final decision of the first
Judge of such Court.
The Chief Justice shall declare who shall be taxing -officer within the meaning of the first paragraph
of this section.
CHAPTER III
FEES IN OTHER COURTS AND IN PUBLIC OFFICES
6. Fees on documents filed, etc., in Mufassal Courts or in public offices. Except in the
Court s hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first
or second schedule to this Act annexed shall be filed, exhibited or r ecorded in any Court of Justice,
or shall be received or furnished by any public officer, unless in respect of such document there be
paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee
for such document.
STATE AMENDMENT
Orissa
Amendment of section 6 of Act (7 of 1870) .--Section 6 of the principal Act shall be re -numbered as
sub-section (1) of section 6 and , after the said sub -section, the following sub -section shall be inserted:
(2) Notwithstanding anyt hing contained in sub -section (1), the Provincial Government may, by
notification, direct that a copy of a document, specified as chargeable in Schedules I and II to this
Act annexed, shall be furnished by a public officer without payment of the fee ind icated by either of
the said Schedules as the proper fee for such copy and the copy so furnished shall be chargeable
with the requisite fee only when it is filed, exhibited or recorded in any Court of justice or received
by a public officer as mentioned in sub -section (1).
[Vide Orissa Act 5 of 1939, s. 4]
7
STATE AMENDMENT
Uttar Pradesh
Amendment of section 6 of Act (7 of 1870) .In section 6 of the Court Fees Act, 1870 as
amended in its application to Uttar Pradesh, hereinafter, in this Chapter referred to as the principal
Act,
(a) in sub -section ( 1), in the first proviso, for the words the United Provinces Tenancy Act,
1939, or the United Provinces Land Revenue Act, |
proviso, for the words the United Provinces Tenancy Act,
1939, or the United Provinces Land Revenue Act, 1901, the words any law relation to land
tenures or land revenue shall be substitute d;
(b) in sub -section ( 6), for the words Chief Inspector of Stamps the words Commission of
Stamps shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 2]
Amendment of section 6 -A.In section 6 -A of the principal Act, in sub -section ( 3), for the
words Chief Inspector of Stamps, the words Commissioners of Stamps shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 3]
Amendment of section 6 -B.In section 6 -B of the principal Act, in sub -section ( 1), for the
words Chief Inspector of Stamp s, the words Commissioner of Stamps shall be substituted.
[Vide Uttar Pradesh Act 6 of 1980, s. 4]
7. Computation of fees payable in certain suits. The amount of fee payable under this Act in the
suits next hereinafter mentioned shall be computed as fol lows:
for money. (i) In suits for money (including suits for damages or compensation, or arrears of
maintenance, of annuities, or of other sums payable periodically) according to the amount claimed :
for maintenance and annuities. (ii) In suits for mainte nance and annuities or other sums
payable periodically according to the value of the subject -matter of the suit, and such value shall be
deemed to be ten times the amount claimed to be payable for one year:
for other movable property having a market -value .(iii) In suits for movable property other
than money, where the subject -matter has a market -value according to such value at the date of
presenting the plaint :
(iv) In suits
for movable property of no market -value. (a) for movable property where the sub ject-
matter has no market -value, as, for instance, in the case of documents relating to title,
to enforce a right to share in joint family property. (b) to enforce the right to share in
any property on the ground that it is joint family property,
for a dec laratory decree and consequential relief. (c) to obtain a declaratory decree or
order, where consequential relief is prayed,
for an injunction. (d) to obtain an injunction,
for easements. (e) for a right to some benefit (not herein otherwise provided for) to arise
out of land, and
for accounts. (f) for accounts
according to the amount at which the relief sought is valued in the plaint or memorandum
of appeal:
8
In all such suits the plaintiff shall state the amount at which he values the relief
sought 1***:
for possession of land, houses and gardens. (v) In suits for the possession of land, houses and
gardens according to the value of the subject -matter; and such value shall be deemed to be
where the subject -matter is land, and
(a) where the land forms a n entire estate, or a definite share of an estate, paying annual
revenue to Government,
or forms part of such an estate and is recorded in the Collector s register as separately
assessed with such revenue,
and such revenue is permanently settled
ten time s the revenue so payable:
(b) where the land forms an entire estate, or a definite share of an estate, paying annual
revenue to Government, or forms part of such estate and is recorded as aforesaid;
and such revenue is settled, but not permanently
five t imes the revenue so payable:
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is
charged with any fixed payment in lieu of such revenue,
and nett profits have arisen from the land during the year next before the date of present ing the plaint
fifteen times such nett profits:
but where no such nett profits have arisen therefrom the amount at which the Court shall
estimate the land with reference to the value of similar land in the neigh bourhood :
(d) where th e land forms part of an estate paying revenue to Government, but is not a definite
share of such estate and is not separately assessed as above -mention edthe market -value of the land:
Proviso as to Bombay Presidency. Provided that, in the 2territories sub ject to the Governor of
Bombay in Council, the value of the land shall be deemed to be
(1) where the land is held on settlement for a period not exceeding thirty years and pays the
full assessment to Government a sum equal to five times the survey -assess ment;
(2) where the land is held on a permanent settlement, or on a settlement for any period
exceeding thirty years, and pays the full assessment to Government a sum equal to ten times the
survey -assessment; and
(3) where the whole or any part of the annu al survey -assessmen t is remitted a sum
computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in
addition to ten times the assessment, or the portion of assessment, so remitted .
Explanation. The word estate , as used in this pa ragraph, means any land subject to the
payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate
engagement to Government, or which, in the absence of such engagement, shall have been separately
assessed with revenue :
1. The words and the provisions of the Code of Civil Procedure, section thirty -one, shall apply as if, for the word claim, the
words relief sought, were substituted omitted by Act 12 of 1891 , s. 3 an d the First Schedule .
2. See para.8 of the A. O. 1937. In view of this provision the expressi on Governor of Bombay in Counc il has been left
unmodified.
9
for houses and gardens. (e) Where the subject -matter is a house or garden according to the
market -value of the house or garden:
to enforce a right of pre -emption. (vi) In suits to enforce a right of pre -emption -according to the
value (computed in accor dance with paragraph ( v) of this section) of the land, house or garden in respect
of which the right is claimed:
for interest of assignee of land revenue. (vii) In suits for the interest of an assignee of land
revenue fifteen times his net profits as such for the year next before the date of present ing the plaint :
to set aside an attachment. (viii) In suits to set aside an attachment of land or of an interest in land
or revenue according to the amount for which the land or interest was attached:
Provided t hat, where such amount exceeds the value of the land or interest, the amount of fee shall be
computed as if the suit were for the possession of such land or interest.
to redee m.(ix) In suits against a mortgagee for the recovery of the property mortgaged .
to foreclose. and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made
by conditional sale, to have the sale declared absolute
according to the principal money expressed to be secured by the instrument of mortgage :
for speci fic performance. (x) In suits for specific performance
(a) of a contract of sale according to the amount of the consideration :
(b) of a contract of mortgage according to the amount agreed to be secured :
(c) of a contract of lease according to the aggre gate amount of the fine or premium (if any) and
of the rent agreed to be paid during the first year of the term :
(d) of an award according to the amount or value of the property in dispute :
between landlord and tenant. (xi) In the following suits betwe en landlord and tenant :
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
1[(cc) for the recovery of immovable property from a te nant, including a tenant holding over after
the determination of a tenancy,]
(d) to contest a notice of ejectment,
(e) to recover the occupancy of 2[immovable property] from which a tenant has been illegally
ejected by the landlord, and
(f) for abatement o f rent
according to the amount of the rent of the 2[immovable property] to which the suit refers,
payable for the year next before the date of presenting the plaint.
STATE AMENDMENT
Orissa
Amendment of section 7 of Act (7 of 1870). In section 7 of the principal Act, for the words in the
suits next her einafter mentioned the words in the suits next hereinafter mentioned except suits for relief
under section 14 of the Religious Endowments Act, 1863, or under section 91 or section 92 of the Code of
Civil P rocedure, 1908, shall be substituted.
[Vide Orissa Act 5 of 1939, s. 5]
1. Ins. by Act 6 of 1905, s. 2 (1).
2. Subs. by s. 2 (2), ibid., for land.
10
Amendment of section 7 of Act (7 of 1870). In section 7ii of the p rincipal Act, after the words
shall be deemed to be the words in suits for maintenance five times and in other su its shall be
inserted.
[Vide Orissa Act 5 of 1939, s. 6]
Amendment of section iv of Act (7 of 1870). Clause (b) of section 7iv of the principal Act shall be
omitted.
[Vide Orissa Act 5 of 1939, s. 7]
Insertion new paragraph in section 7 of Act (7 of 1870) .In section 7 of the principal Act after
paragraph iv the following paragraph shall be inserted:
iv-A. in a suit for cancellation of a decree for money or other property having a money value ,
or other document securing money or other property having such value,
According to the value of the subject -matter of the suit, and such value shall be deemed to be
if the whole decree or other document is sought to be cancelled, the amount or the value of the
property for which the decree was passed or the oth er document executed,
if a part of the decree or other document is sought to be cancelled, such part of the amount or
value of the property.
Explanation .In any case where a suit for the cancellation of a whole decree for money or other
property having a money value, or other document securing money or other property having such
value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount
or the decree was passed or the other document as executed, the value of the subject matter of the suit
shall be deemed to be such part of the amount or value of the property in respect of which the relief is
sought.
[Vide Orissa Act 5 of 1939, s. 8]
Amendment paragraph v of section 7 of Act (7 of 1870). In paragraph v of sect ion 7 of the
principal Act,
(1) in clause (a), for the word ten the word ten shall be substituted;
(2) in clause (b), for the word five the word ten shall be substituted;
(3) the following proviso shall be inserted after the exi sting proviso:
Provided further that in suits for possession of land if rules are framed under section 3 of the
Suits Valuation Act, 1887 (7 of 1887) , for determining the value for the purposes of jurisdiction, the
value so determined shall be deemed to be the value of the hand for the purposes of this paragraph ;
and
(4) the existing Explanation shall be re -numbered as Explanation I, and, after the
Explanation so re -numbered, the following Explanation shall be added, namely:
Explanation II.In this paragraph, building includes a house, out -house, stable, privy, urinal,
shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any
other material whatsoever.
[Vide Orissa Act 5 of 1939, s. 9]
Insertion of new para graph vi -A in section 7 of Act (7 of 1870). In section 7 of the principal Act
after paragraph vi the following paragraph shall be inserted:
vi-A. In suits for partition and separate possession of a share of joint family property or of joint
property, or to enforce a right to a share in any property on the ground that it is joint family property
or joint property
if the plaintiff alleges that he has been excluded from possession of the property of which he
claims to be a coparcener or co -owner -according t o the market -value of the share in respect of which
the suit is instituted.
11
Explanation .The word possession for the purposes of this paragraph includes constructive
possession.
[Vide Orissa Act 5 of 1939, s. 10]
Haryana
Amendment of section 7 of Act 7 of 1870 . In section 7 of the Court Fees Act, 1870 (hereinafter
referred to as the principal Act),
(a) in the first proviso to clause (iv), for the words "thirteen rupees", the words `twenty -five
rupees' shall be substituted ; and
(b) for clause (v), the following clause shall be substituted, namely :
"(v) in suits for the possession of land, houses and gardens, according to the value of the
subject matter ; and such value shall be deemed to be,
(a) where the subject matter is land, according to the mar ket value thereof which shall be
deemed to be,
(i) in the case of land which is irrigated by perennial canal, two thousand rupees per
acre ;
(ii) in the case of land which is irrigated by non -perennial cana l or by well, one
thousand and five hundred rupee s per acre ;
(iii) in the case of land which is Barani, one thousand rupees per acre ;
(iv) in the case of land which is Sailab or Bhud, seven hundred and fifty rupees per
acre ; and
(v) in the case of land which is Thur, Sem, Banjar or of like nature, fiv e hundred
rupees per acre ; and
(b) where the subject matter is house or garden, according to its market value ;" .
[Vide Haryana Act 11 of 1974, s. 2]
Haryana
Amendment of section |
ide Haryana Act 11 of 1974, s. 2]
Haryana
Amendment of section 7 of Act 7 of 1870 .In section 7 of the Court Fees Act, 1870 (hereinafter
referred to as the principal Act), for sub -clauses (a) and (b) of clause (r), the (following sub -clauses shall
be substituted, namely :
"(a) where the subject matter is land other than land situated within municipal limits or Abadi
Deh whether under cultiva tion or not according to the market value thereof which shall be deemed to
be,
(i) in the case of land which is irrigated by perennial canal, sixty rupees per acre ;
(ii) in the case of land which is irrigated by non -perennial canal or by well, fifty rupe es per
acre ; and
(iii) in the case of land which is Barani, Sailab, Bhud, Thur, Sem, Banjar or of like nature,
thirty rupees per acre ; and
(b) where the subject matter is house, garden, or land situated within municipal limits or Abadi
Deh whether under cultivation or not, according to its market value ; ",
[Vide Haryana Act 22 of 1974, s. 2]
8. Fee on memorandum of appeal against order relating to compensation. The amount
of fee payable under this Act on a memorandum of appeal against an order relating t o
compensation under any Act for t he time being in force for the 1acquisition of land for public
1. See now the Land Acqu isition Act, 1894 (1 of 1894).
12
purposes, shall be computed according to the difference between the amount awarded and the
amount claimed by the appellant.
STATE AMENDMENT
Orissa
Insertion of new section 8A in Act (7 of 1870 ).--After section 8 of the principal Act, the following
section shall be inserted:
8A. Statement of particulars of subject -matters of suits and plaintiffs valuation thereof. In
every suit in which an ad valorem court -fee is payable under this Act on the plaint, the plaint iff shall file
with the plaint a statement of particulars of the subject -matter of the suit ad his own valuation thereof
unless such particulars and the valuation are contained in the plaint. The statemen t shall be in such form
and shall contain such particulars as may be prescribed by the Provincial Government by notification in
the Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the
plaint and of t he said statement.
[Vide Orissa Act 5 of 1939, s. 11]
Haryana
Amendment of section 8 of central Act 7 of 1870 .To section 8 of the Court Fees Act, 1870,
(hereinafter called the principal Act), the following pro viso, shall be added, namely: --
Provided t hat the fixed court fee of one hundred rupees shall be payable on the memorandum of a
appeal or cross objections before the High Court arising under the Land Acquisition Act, 1984 or any
other law for the time being in force for acquisition of land for pub lic purposes..
[Vide Haryana Act 3 of 1990, s. 2]
9. Power to ascertain nett profits or market -value. If the Court sees reason to think that the
annual nett profits or the market -value of any such land, house or garden as is mentioned in section 7,
paragr aphs ( v) and ( vi), have or has been wrongly estimated, the Court may, for the purpose of computing
the fee payable in an y suit therein mentioned, issue a commission to any proper person directing him to
make such local or other investigation as may be nece ssary, and to report thereon to the Court.
10. Procedure where net profits or market -value wrongly estimated .(i) If in the result of
any such investigation the Court fin ds that the net profits or market -value have or has been
wrongly estimated, the Court , if the estimation has been excessive, may in its discretion ref und
the excess paid as such fee : but, if the estimation has been insufficient, the Court shall require
the plaintiff to pay so much additional fee as would have been payable had the said mark et-value
or nett profits been rightly estimated.
(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid
within such time as the Court shall fix, the suit shall be dismissed.
1* * * * *
11. Procedure in suits for mesne profits or account when amount decreed exceeds amount
claimed. In suits for mesne profits or for immovable property and mesne profits, or for an account, if
the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff
valued the relief sought, the decree shall not be executed until the difference between the fee actually paid
and the fee which would have been payable had the suit comprised the whole of the profits or amount so
decreed shall have been paid to the proper officer.
Where the amount of mesne profits is left to be ascertained in the course of the execution of the
decree, if the profits so ascertained exceed the profits claimed, th e further execution of the decree shall be
stayed until the difference between the fee actually paid and the fee which would have been payable had
1. Clause (iii) rep. by Act 12 of 1891, s. 3 and the First Schedule.
13
the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within
such time as the Court shall fix, the suit shall be dismissed.
STATE AMENDMENT
Orissa
Amendment of section 11 of Act (7 of 1870 ).For the second paragraph of section 11 of the
principal Act the following paragraphs shall be substituted:
Where a decree di rects an enquiry as to mesne -profits which have accrued on the property
during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the
profits claimed, no final decree shall be passed till the difference betwe en the fee actually paid and
the fee which would have been payable had the suit comprised the whole of the profits so ascertained
is paid. If the additional fee is not paid within such time as the Court shall fix, the claim for the excess
shall be dismiss ed, unless the Court, for sufficient cause, extends the time for payment.
Where a decree directs an inquiry as to mesno -profits from the institution of the suit and a final
decree is passed in accordance with the result of such inquiry, the decree shall no t be executed until
such fee is paid would have been payable on the amount claimed in execution if a separate suit had
been instituted therefor.
[Vide Orissa Act 5 of 1939, s. 12]
12. Decision of questions as to valuation. (i) Every question relating to valuation for the purpose
of determining the amount of any fee chargeable under this Chapter on a plaint or memo randum of
appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed,
and such decision shall be f inal as between the parties to the suit.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court
considers that the said question has been wrongly decided to the detriment of the reve nue, it shall require
the p arty by whom such fee has been paid to pay so much additional fee as would have been payable had
the question been rightly decided, and the provisions of section 10, paragraph ( ii), shall apply.
STATE AMENDMENT
Orissa
Amendment of section 12 of Act (7 of 1 870). --(1) In section 12 of the principal Act, for paragraph
ii, the following paragraph shall be substituted:
ii. But whenever any such suit comes before a Court of appeal, reference or revision, if such
Court considers that the said question has been w rongly decided, it shall
(a) in any case in which the decision is to the detriment of revenue, require the party by
whom such fee has been paid, to pay so much additional fee as would have been payable had the
question been rightly decided and thereafter
(i) if the party required to pay is the appellant or petitioner, the appeal or petition shall be
stayed until the additional fee is paid. If the additional fee is not paid within such time as the
Court shall fix, the appeal or petition shall be dismissed ;
(ii) if the party required to pay its the r espondent or the opposite party , the Court shall
fix a date before which such party shall pay the amount of court fee due from him and, if
such party fails to pay the fee required before the date fixed by the Court, the Court shall
recover the amount of such fee from him as if it were an arrear of land revenue. Where the
Court considers that the amount of such fee should be paid to the respondent or the opposite
party by the appellant or the petitioner, as the case may be , the Court may provide for such
payment in the order as to costs in the said appeal or petition; and
(b) in any case in which the decision is that any excess fee has been levied, direct the refund of
so much excess fee to the party who p aid it as would not have been payable had the question been
rightly decided.
14
Explanation .For the purposes of this section a question relating to the classification of any suit
in regard to section 7 shall not be deemed to be a question relating to valuat ion.
[Vide Orissa Act 5 of 1939, s. 13]
13. Refund of fee paid on memorandum of appeal .If an appeal or plaint, which has been rejected
by the lower Court on any of the grounds mentioned in the 1Code of Civil Procedure, is ordered to be
received, or if a suit is remanded in appeal, on any of the grounds mentioned in 2section 351 of the same
Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a
certificate, authorizing him to receive back from the Collector the f ull amount of fee paid on the
memorandum of appeal:
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of
the subject -matter of the suit, the certificate so granted shall not authorize the appellant to receiv e back
more than so much fee as would have been originally payable on the part or parts of such subject -matter
in respect whereof the suit has been remanded.
STATE AMENDMENT
Orissa
Amendment of section 13 .In the Court -fees Act, 1870 (7 of 1870),
(a) For the marginal heading to section 13, the following marginal heading shall be substituted,
namely:
Refund of fee paid on memorandum of appeal and in cases where compromise or settlement has
been arrived at by a Lok Adalat.;
(b) Section 13 shall be renumbe red as sub -section (1) thereof and
(i) In sub -section (1) as so renumbered, for the words and figures the Code of Civil Procedure
and section 351 of the same Code, the words and figures the Code Civil Procedure, 1908 and
rule 23 of Order XLI of the First Schedule to the said Code shall respectively be substituted; and
(ii) After sub -section (1) as so renumbered, the following new sub -section shall be inserted,
namely:
(2) Where a compromise or settlement has been arrived at, by a Lok Adalat in a case
referred to it under sub -section (1) of section 20 of the Legal Services Authorities Act, 1987 (39
of 1987) , the Court by which the case was so referred to the Lok Adalat shall grant a certificate
to the party or every party to the case who pai d any court -fee in that case, authorizing him to
receive back from the Collector the full amount of the fee so paid..
[Vide Orissa Act 7 of 2002, s. 2]
Tripura
Amendment of Section 13 .In section 13 of the principal Act, the expression the Appellate Cour t
shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full
amount of fee paid on the memorandum of appeal, shall be substituted with the expression the
Appellate Court shall grant to the appellant a certific ate, authorizing him to receive back from the
Collector or by way of electronic transfer in such manner as may be prescribed, the full amount of fee
paid on the memorandum of appeal .
[Vide Tripura Act 17 of 2020, s. 2]
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. This reference should now be read as applying to the corresponding provision of Act 5 of 1908 , i.e., Orde r XLI, rule 23 of the
First Schedule.
15
14. Refund of fee on application for review of judgment. Where an 1application for a review of
judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay
was caused by the applicant s laches, may, in its discretion, grant him a certificate au thorizing him to
receive back from the Collector so much of the fee paid on the application as exceeds the fee which
would have been payable had it been presented before 2such day.
Tripura
Amendment of Section 14. In Section 14 of the principal Act, the ex pression grant him a certificate
authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the
fee which would have been payable had it been presented before such day, shall be substituted with the
expressio n grant him a certificate authorizing him to receive back from the Collector or by way of
electronic transfer in such manner as may be prescribed, so much of the fee paid on the application as
exceeds the fee which would have been payable had it been pres ented before such day .
[Vide Tripura Act 17 of 2020, s. 3]
15. Refund where Court reverses or modifies its former decision on ground of
mistake. Where an application for a review of judgment is admitted, and where, on the
rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or
fact, the applicant shall be entitled to a certificate from the Court authori sing him to receive back
from the Collector so much of the fee paid on the 3[application] as exceeds the fee payabl e on
any other application to such Court under the second schedule to this Act, No. 1, clause ( b) or
clause ( d).
|
other application to such Court under the second schedule to this Act, No. 1, clause ( b) or
clause ( d).
But nothing in the former part of this section shall entitle the applicant to such certificate
where the reversal or modification is due, wholl y or in part, to fresh evidence which might have
been produced at the original hearing.
Tripura
Amendment of Section 15. In section 15 of the principal Act, the expression the applicant shall be
entitled to a certificate from the court authorizing him to receive back from the Collector so much of the
fee paid on the application as exceeds the fee payable on any other application to such Court under the
second schedule to this Act, shall be substituted with the expression the applicant shall be entitled t o a
certificate from the court authorizing him to receive back from the Collector or by way of electronic
transfer in such manner as may be prescribed, so much of the fee paid on the application as exceeds the
fee payable on any other application to such c ourt under the second schedule to this Act.
[Vide Tripura Act 17 of 2020, s. 4]
4[16. Refund of fee .Where the court refers the parties to the suit to any one of the mode of
settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1 908 (5 of 1908) , the
plaintiff shall be entitled to a certificate from the court authorizing him to receive back from the collector,
the full amount of the fee paid in respect of such plaint.]
Tripura
Amendment of Section 16 .In Section 16 of the principal Act, the expression the plaintiff shall be entitled to
a certificate from the Court authorizing him to receive back from the Collector, the full amount of the fee paid in
respect of such plaint, shall be substituted with the expression the plaintiff sha ll be entitled to a certificate from the
Court authorizing him to receive back from the Collector or by way electronic transfer in such manner as may be
prescribed, the full amount of the fee paid in respect of such plaint.
[Vide Tripura Act 17 of 2020, s . 5]
1. As to application for review of judgment, see the Code of Civil Proc edure, 1908 (Act 5 of 1908), s. 114 and Order
XLVII of the First Schedule.
2. See I Schedule, Nos. 4 and 5, infra.
3. Subs. by Ac t 20 of 1870, s. 1, for plaint or memorandum of appeal.
4. Ins. by Act 46 of 1999, s. 34 (w.e.f. 1 -7-2002).
16
17. Multifarious suits. Where a suit embraces two or more distinct subjects, the plaint or
memo randum of appeal shall be chargeable with the aggregate amount of the fees to which the
plaints or memoranda of appeal in suits embracing separately each o f such subjects would be
liable under this Act.
Nothing in the former part of this section shall be deemed to aff ect the power conferred by the 1Code
of Civil Procedure, section 9.
18.Written examinations of complainants. When the first or only examination of a person
who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other
than an offence for which police -officers may arrest without a warrant, and who has not already presented
a petition on which a fee has bee n levied under this Act, is reduced to writing under the provisions of the
2Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to
remit such payment.
STATE AMENDMENT
Orissa
Amendment of section 18 of Act (7 of 1870 ).In section 18 of the principal Act, for the words
eight annas the words one rupee shall be substituted.
[Vide Orissa Act 5 of 1939, s. 14]
Insertion of a new section 18-A Act (7 of 1 l870). After section 18 of the Court Fees Act, 1870, as
in force in the State of Orissa the following new section shall be inserted, namely:
18-A. Exemption to women. (1) Notwithstanding anything contained in this Act no plaint in
respect of a suit filed by a women, whose annual income does not exceed three thousand rupees, for
maintenance or for enhancement of maintenance or for recovery of share in the estate of her deceased
husband or parent in the family property and no petitions filed by any such women for divorce on
ground of cruelty or other misconduct on the part of her husband shall be chargeable with court fees.
(2) The Court in which such plaint or petition is filed shall have power to make such inquiry as it
deems fit for assessing the income of the plaintiff or the petitioner, as the case may be. .
[Vide Orissa Act 55 of 1975, s. 2]
19. Exemption of certain documents. Nothing contained in this Act shall render the follow ing
documents chargeable with any fee:
(i) Power -of-attorney to institute or defend a suit when executed 3[by a member of any o f the
Armed Forces of the Union] not in civil employment.
4* * * * *
(iii) Written statements called for by the Court after the first hearing of a suit.
5* * * * *
(v) Plaints in suits tried by 6village Munsifs in the Presidency of Fort St. George.
(vi) Plaints and processes in suits before District Panchayats in the same residency.
(vii) Plaints in suits before Collectors under Madras Regulation 12 of 1816.
(viii) Probate of a will, letters of administration, 7[and, save as regards debts and securities a
certificate under Bombay Regulation 8 of 1827], where the amount or value of the property in respect
of which the probate or letters or certificate shall be granted d oes not exceed one thousand rupees.
(ix) Application or petition to a Collector or other officer making a settlement of land -revenue, or
to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
2. This reference should now be read a s referring to the Code of Criminal Procedure, 1898 (Act 5 of 1898) see s. 3 of that Act.
3. Subs. by the A.O. 1950, for by an officer, warrant -officer, non -commissioned officer or private of Her Majestys army.
4 Clause ( ii) rep. by Act 12 of 1891, s. 3 and the First Schedule.
5. Clause ( iv) rep. by Act 13 of 1889, s. 2 and the Schedule.
6. See the Madras Village Courts Act, 1889 (Mad. 1 of 1889).
7. Subs. by Act 7 of 1889, s. 13, for and certificate mentioned in the first schedule to this Act annexed, No. 12.
17
assessment of land or the ascertainment of rights thereto or interests therein, if pre sented previous to
the final confirmation of such settlement.
(x) Application relating to a supply for irrigation of water belonging to Government.
(xi) Application for leave to extend cultivatio n, or to relinquish land, when presented to an officer
of land -revenue by a person holding, under direct engagement with Government, land of which the
revenue is settled, but not permanently.
(xii) Application for service of notice of relinquishment of lan d or of enhancement of rent.
(xiii) Written authority to an agent to distrain.
(xiv) First application (other than a petition containing a criminal charge or information)
for the summons of a witness or other person to attend either to give evidence or to produce a
document or in respect of the production or filing of an exhibit not being an affidavit made for
the immediate purpose of being produced in Court.
(xv) Bail-bonds in criminal cases, recognizances to pro secute or give evidence, and recognizan ces
for personal appearance or otherwise.
(xvi) Petition, application, charge or information respecting any offence when presented,
made or laid to or before a police -officer, or to or before the 1Heads of Villages or the 2Village
Police in the territories resp ectively subject to the Governors in Council of Madras and
Bombay.
(xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its
officers.
(xviii) Complaint of a public servant [as defined in the Indian Penal Code (45 of 1 860)], a
municipal officer, or an officer or servant of a Railway Company.
(xix) Application for permission to cut timber in Government forests, or otherwise relating to
such forests.
(xx) Application for the payment of money due by Government to the appli cant.
(xxi) Petition of appeal against the chaukidari assessment under 3Act No. 20 of 1856, or against
any municipal tax.
(xxii) Applications for compensation under any law for the time being in force relating to the
4acquisition of property for public pur poses.
(xxiii) Petitions presented to the Special Commissioner appointed under 5Bengal Act No. 2 of
1869 (to ascertain, regulate and record certain tenures in Chota Nagpur .).
[6(xxiv) (Petitions under the Indian Christian Marriage Act, 1872 (15 of 1872), s ections 45 and
48.]
STATE AMENDMENT
Orissa
In section 19 of the Court -Fees Act, 1870 (7 of 1870) (hereinafter referred to as the principal Act) in
clause ( viii) for the words one thousand rupees the words two thousand rupees shall be substituted.
[Vide Orissa Act 11 of 1967, s. 3]
1. See Madras Regulations 11 of 1816 and 4 of 1821, s. 6.
2. See Bombay Village Police Act, 1867 (Bo m. 8 of 1867), ss. 14, 15 and 16.
3. The Bengal Chaukidari Act, 1856.
4. See now the Land Acquisition Act, 1894 (1 of 1894).
5. The Chota Nagpur T enures Act, 1869.
6. Subs. by Act 15 of 1872, s. 2, for cl ause (xxiv) which read as follows: ---
Petitions under the 14th and 15th of Victoria, Ch. 40 (an Act for marriages in India ), s. 5, or under Act No. 5 of 1852, s. 9.
18
1[CHAPTER IIIA
PROBATES , LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19A. Relief where too high a court -fee has been paid. Where any person on applying for
the probate of a will or letters of administration h as estimated the property of the deceased to be of
greater value than the same has afterwards proved to be, and has consequently paid too high a
court -fee thereon, if, within six months after the true value of the property has been ascertained,
such person produces the probate or letters to the Chief Controlling Revenue -authority 2[for the
local area] in which the probate or letters has or have been granted,
and delivers to such Authority a particular inventory and valuation of the property of the deceased,
verified by affidavit or affirmation,
and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law
required,
the said Authority may
(a) cancel the stamp on the probate or letters if such stamp has not been alread y cancelled;
(b) substitute another stamp for denoting the court -fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay
the same in money, at his discretion.
19B. Relief where debts due from a deceased person have been paid out of his estate .
Whenever it is proved to the satisfaction of such Authority that an executor or administrator has
paid debts due from the deceased to such an amount as, being deducted out of the amo unt or value
of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the
estate, would have occasioned a less court -fee to be paid on the probate or letters of administration
granted in respect of such estate than has been actually paid thereon under this Act,
such Authority may return the difference, provided the same be claimed within three years after the
date of such probate or letters.
But when by reason of any legal proceeding, the debts due from the deceased have not been
ascer tained and paid, or his effects have not been recovered and made available, and in consequence
thereof the executor or administrator is prevented from claiming the return of such difference within
the said term of three years, the said A uthority may allow such further time for making the claim as
may appear to be reasonable under the circumstances.
19C. Relief in case of several grants. Whenever 3*** a grant of probate or letters of
administration has been or is made in respect of the who le of the property belonging to an estate,
and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable
under the same Act when a like grant is made in respect of the whole or any part of the same
property belonging to the same estate.
Whenever such a grant has been or is made in respect of any property forming part of an
estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is
made in respect of property belonging to the same estate, identical with or including the property
to which the former grant relates.
19D. Probates declared valid as to trust -property though not covered by court -fee.The
probate of the will or the letters of administration of the effects of any person de ceased heretofore or
hereafter granted shall be deemed valid and available by his executors or administrators for
recovering, transferring or assigning, any movable or immovable property whereof or whereto the
deceased w as possessed or entitled, either wh olly or partially as a trustee, notwithstanding the amount
1. Ins. by Act 13 of 1875, s. 6.
2. Subs. by Act 10 of 1901, s. 3 ( |
75, s. 6.
2. Subs. by Act 10 of 1901, s. 3 (1), for of the Provin ce.
3. The word such rep. by Act 12 of 1891.
19
or value of such property is not included in the amount or value of the estate in respect of which a
court -fee was paid on such probate or letters of administration.
19E. Provision for case where t oo low a court -fee has been paid on probates, etc. Where
any person on applying for probate or letters of administration has estimated the estate of the
deceased to be of less value than the same has afterwards proved to be, and has in consequence
paid too low a court -fee thereon, the Chief Controlling Revenue -authority 1[for the local area] in
which the probate or letters has or have been granted may, on the value of the estate of th e
deceased being verified by affidavit or affirmation, cause the probate o r letters of administration to
be duly stamped on payment of the full court -fee which ought to have been originally paid thereon
in respect of such value and of the further penalty, if the probate or letters is or are produced
within one year from the date of grant, of five times, or, if it or they is or are produced after one
year from such date, of twenty times, such proper court -fee, without any deduction of the court -fee
originally paid on such probate or letters:
Provided that, if the application be ma de within six months after the ascertainment of the true
value of the estate and the discovery that too low a court -fee was at first paid on the probate or
letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or
of its not being known at the time that some particular part of the estate belonged to the deceased, and
without any intention of fraud or to delay the payment of the proper court -fee, the said Authority may
remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum
wanting to make up the fee which should have been at first paid thereon.
19F. Administrator to give proper security before letters stamped under section 19E. In case
of letters of administration on w hich too low a court -fee has been paid at first, the said Authority shall not
cause the same to be duly stamped in manner aforesaid until the administrator has given such security to
the Court by which the letters of administration have been granted as oug ht by law to have been given on
the granting thereof in case the full value of the estate of the deceased had been then ascertained.
2[19G. Executors, etc., not paying full court -fee on probates, etc., within six months
after discovery of under -payment. Where too low a court -fee has been paid on any probate or
letters of administration in consequence of any mistake, or of its not being known at the time that some
particular p art of the estate belonged to the deceased, if any executor or administrator acting under such
probate or letters does not, within six months 3*** after the discovery of the mistake or of any effects not
known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting
to make up the court -fee which ought to have been paid at first on such probate or letters, he shall forfeit
the sum of one thousand rupees and also a further sum at the rate of ten percent. on the amount of the sum
wanting to make up the proper court -fee.]
4[19H. Notice of applications for probate or letters of administration to be given to
Revenue -authorities, and procedure thereon. (1) Where an application for probate or letters of
administra tion is made to any Court other than a High Court, the Court shall cause notice of the
application to be given to the Collector.
(2) Where such an application as aforesaid is made to a High Court, the High Court shall cause
notice of the application to be given to the Chief Controlling Revenue -authority 5[for the local area in
which the High Court is situated].
(3) The Collector within the local limits of whose revenue -jurisdiction the property of the deceased
or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken
copies of, the record of any case in which application for probate or letters of adminis tration has been
made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under -estimated the
value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the
1. Subs. by Act 10 of 1901, s. 3 (1), for of the Province.
2. As to recovery of penalties or forfeitures under s. 19G, see s. 19J, infra.
3. The wor ds and figures after the first day of April, 1875, or rep. by Act 12 of 1891 .
4. Ins. by Act 11 of 1 899, s. 2.
5. Subs. by Act 10 of 19 01, s. 3 (2), for of the Province.
20
petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as
he may think fit, and, if he is still of opinion that the value of the property has been under -estima ted, may
require the petitioner to amend the valuation.
(4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector
may move the Court before which the application for probate or letters of administration was made , to
hold an inquiry into the true value of the property:
Provided that no such motion shall be made after the expiration of six months from the date of the
exhibition of the inventory required by section 277 of the 1Indian Succession Act, 1865 (10 of 1865 ), or
as the case may be, by section 98 of the 1Probate and Administration Act, 1881 (5 of 1881).
(5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly,
and shall record a finding as to the true value, as near a s may be, at which the property of the deceased
should have been estimated. The Collector shall be deemed to be a party to the inquiry.
(6) For the purposes of any such inquiry, the Court or person authori sed by the Court to
hold the inquiry may examine th e petitioner for probate or letters of administration on oath
(whether in person or by commission), and may take such further evidence as may be produced
to prove the true value of the property. The person authori sed as aforesaid to hold the inquiry shall return
to the Court the evidence taken by him and report the result of the inquiry, and such report and the
evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance
with the report, unless it is satisfied that it is erroneous.
(7) The finding of the Court recorded under sub -section ( 5) shall be final, but shall not bar the
entertainment and disposal by the Chief Controlling Revenue -authority of any application under
section 19E.
(8) The State Gove rnment may make rules for the guidance of Collectors in the exercise of the
powers conferred by sub -section (3).]
2[19I. Payment of court -fees in respect of probates and letters of administration. (1) No order
entitling the petitioner to the grant of proba te or letters of administration shall be made upon an
application for such grant until the petitioner has filed in the Court a valuation of the property in the form
set forth in the third schedule, and the Court is satisfied that the fee mentioned in No. 11 of the first
schedule has been paid on such valuation.
(2) The grant of probate or letters of administration shall not be delayed by reason of any motion
made by the Collector under section 19H, sub -section (4).]
2[19J. Recovery of penalties, etc. (1) Any excess fee found to be payable on any inquiry held
under section 19H, sub -section ( 6), and any penalty or forfeiture under section 19G, may, on the
certificate of the Chief Controlling Revenue -authority, be recovered from the executor or administrator a s
if it were an arrear of land -revenue by any Collector 3***.
(2) The Chief Controlling Revenue -authority may remit the whole or any part of any such penalty or
forfeiture as aforesaid, or any pa rt of any penalty under sec tion 19E or of any court -fee un der section 19E
in excess of the full court -fee which ought to have been paid .]
2[19K. Sections 6 and 28 not to apply to probates or letters of administration .Nothing in
section 6 or section 28 shall apply to probates or letters of administration.]]
CHAPTER IV
PROCESS -FEES
20. Rules as to cost of processes. The High Court shall, as soon as may be, make rules as to the
following matters:
(i) The fees chargeable for serving a nd executing processes issued b y such court in its appellate
jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such
jurisdiction;
1. See now the Indian Succession Act, 1925 (39 of 1925).
2. Ins. by Act 11 of 1899 , s 2.
3. The words in any part of British India rep by the A.O. 1 948.
21
(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established
within such limits in the case of offences other than offences for which police -officers may arrest without
a warrant; and
(iii) the remunerat ion of the peons and all other p ersons employed by leave of a Court in the service
or execution of processes.
The High Court may from time to time alter and add to the rules so made.
Confirmation and publication of rules. All such rules, alterations and additions shall,
after being confirmed by the State Government 1***, be published in the Official Gazette, and
shall thereupon have the force of law.
Until such rules shall be so made and published, the fees now leviable for serving and executing
processes s hall continue to be levied, and shall be deemed to be fees leviable under this Act.
21. T ables of process fees. A table in the English and Vernacular languages, showing
the fees chargeable for such service and execution, shall be exposed to view in a conspicuous
part of each Court.
22. Number of peons in district and subordinate Courts. Subject to rules to be made by the High
Court and approved by the State Government 2***,
every District Judge and every Magistrate of a district shall fix, and may from time to time alter, the
number of peons necessary to be employed for the service and execution of processes issued out of his
Court and each of the Courts subordinate thereto,
Numbe r of peo ns in Mufassal Small Cause Courts. and for the purposes of this section ,
every Court of Sm all Causes established under Act No. 11 of 1865 (to consolidate and amend
the law relating to Courts of Small Causes beyond the local limits of the ordinary o riginal civil
jurisdiction of the High Courts of Judicature )3 shall be deemed to be subordinate to the Court of
the District Judge.
23. Number of peons in Revenue Courts. Subject to rules to be framed by the Chief
Contro lling Revenue -authority and approve d by the State Government 2***, every officer
performing the functions of a Collector of a district shall fix, and may from time to time alter,
the number of peons necessary to be employed for the service and execution of pro cesses issued
out of his Court or the courts subordinate to him.
24. [Process served under this Chapter to be held to be process within meaning of Code
of Civil Procedure .] Rep. by the Repealing and Amending Act , 1891 (12 of 1891) ,
STATE AMENDMENT
Uttar Pradesh
Substitution of section 24-A.For section 24 -A for the principal Act, the following section shall be
substituted, namely:
24-A. Control of Court fee and Stamp Commissioner .(1) The levy of fees under this Act shall be under
the general control and superintendence of the Chief C ontrolling Revenue Authority, who may be assisted in the
supervision thereof by the Commissioner of Stamps and by as many Additional many Additional Commissioners of
the Stamps, Deputy Commissioners of Stamps and Assistant Commissioners of Stamps as the St ate Government
may appoint in the behalf or by any other subordinate agency appointed for the purpose.
(2) The Officers and the agency referred to in sub -section ( 1) shall have access to all records, and shall be
furnished with all such information as may be required by them for the performance of their duties under this Act.
[Vide Uttar Pradesh Act 6 of 1980, s. 5]
1. The words and sanctioned by the Governor General of India in Council rep. by Act 38 of 1920, s. 2 and the First
Schedule.
2. The words and the Governor General of India in Coun cil Rep. by Act 38 of 1920, s. 2 and the First Schedule.
3. The reference to Act 11 of 1865 should now be read as referring to the Provincial Small Cause Courts Ac t, 1887 (9 of 1887);
see s. 2(3) of that Act.
22
CHAPTER V
OF THE MODE OF LEVYING FEES
25. Collection of fees by stamps. All fees referred to in section 3 or chargeable under this Act shall
be collected by stamps.
STATE AMENDMENT
Meghalaya
Amendment section 25 of Central Act 7 of 1870. In the Court Fees act, 1870 after section 25 the
following new section shall be inserted as section 25A, namely: --
25A. Notwithstanding anything contained in s ection 25 where ,
(a) (i) the State Government, in relation to any area in the State, or
(ii) The Deputy Commissioner, in relation to any area in the district under his charge, is
satisfied that on account of temporary shortage of stamps in any area, fees cannot be paid, and
payment of fees cannot be indicated on documents by means of stamps, the State Government, or
as the case may be, the Deputy Commissioner, may, by notification in the official Gazette, direct
that, in such area and for such period as may be specified in such notification, the fees may be
paid in cash in any Treasury or Sub -Treasury and shall, on production of a challan evidencing |
paid in cash in any Treasury or Sub -Treasury and shall, on production of a challan evidencing
payment of fees in the Government treasury, certify by endorsement on the document in respect
of which t he fees is paid, that the fees have been paid, and state in the said endorsement the
amount of the fees so paid.
(b) An endorsement made on any document under clause (a) shall have the same effect as if
the fees of an amount equal to the amount stated in t he endorsement had been paid in respect of,
and such payment has been indicated on, such documents by means of stamps under section 25.
[Vide Meghalaya Act 2 of 1972, s. 2]
Tripura
Amendment of Section 25. In Section 25 of the principal Act, the expressio n stamps, shall be substituted
with the expression stamps or electronic transfer of payment to State Government in such manner as may be
prescribed .
[Vide Tripura Act 17 of 2020, s. 6]
26. Stamps to be impressed or adhesive. The stamps used to denote a ny fees chargeable under
this Act shall be impressed or adhesive, or pertly impressed and partly adhesive, as the 1[appropriate
Government] may, by notification in the Official Gazette, from time to time direct2.
STATE AMENDMENT
Jammu and Kashmir (UT).
Section 26 shall be numbered as sub -section (1) thereof, and after sub -section (1) so renumbered,
insert the following sub -section, namely:
(2) For the purposes of sub -section (1), and section 25, stamp means any mark, seal or endorsement
by any agency or person duly authorised by the Appropriate Government, and includes an adhesive or
impressed stamp, for the purposes of court fee chargeable under this Act.
Explanation :impressed stamp includes impression by a franking machine or another machine, or a
unique number generated by e -stamping or similar software, as the Appropriate Government may, by
notification in the official Gazette, specify.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 1123( E) dated (18 -3-2020).]
1. Subs. by the A.O. 1937, for L. G..
2. Fo r rules as to levy of court -fees by adhesive and impressed stamps, see Gazette of India, 1883, Pt. I, p. 189.
23
Union Territory of Ladakh
Section 26 .Numbered as sub -section (1) thereof, and after sub -section (1) as so numbered,
insert -
'(2) For the purposes of sub -section (1), and section 25, "stamp" means any mark, seal or
endorsement by an y agency or person duly authorised by the Appropriate Government, and includes
an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act.
Explanation 7.The expression "impressed stamp" includes impression by a franking machin e
or another machine, or a unique number generated by e -stamping or similar software, as the
Appropriate Government may, by notification in the Official Gazette, specify..
Explanation 2.The expression "e -stamping" means stamping using unique number or co de
through an electronic machine or a software application.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification
No. S. O. 3774(E), dated (23 -10-2020).]
Haryana
Amendment of section 26 of Central Act 7 of 18 70.In section 26 of the Court Fees act, 1870, the
following explanation shall be added, namely: --
Explanation .For the purposes of this section, -
(i) stamp means any mark, seal or endorsement by any agency or person duly authorized by
the State Governm ent and includes and adhesive or impressed stamp chargeable for the purposes
of court fee under this Act; and
(ii) impressed stamp means an impression by a franking or any other machine, or
e-stamping..
[Vide Haryana Act 29 of 2016, s. 2]
27. Rules for supply, number, renewal and keeping accounts of stamps. The 1[appropriate
Govern ment] may, from time to time, make rules for regulating
(a) the supply of stamps to be used under this Act;
(b) the number of stamps to be used for denoting any fee chargeabl e under this Act;
(c) the renewal of damaged or spoiled stamps; and
(d) the keeping accounts of all stamps used under this Act:
Provided that, in the case of stamps used under section 3 in a High Court, such rules shall be made
with the concurrence of the Chief Justice of such Court.
All such rules shall be published in the Official Gazette, and shall thereupon have the force
of law.
Tripura
Amendment of Section 27 . Clause (a) of Section 27 of the principal Act, shall be substituted with the
following -
(a) the manner of supply of stamps or electronic transfer of payment of court -fee and refund
thereof ;
[Vide Tripura Act 17 of 2020, s. 7]
28. Stamping documents inadvertently received. No document which ought to bear a stamp
under this Act shall be of any v alidity, unless and until it is properly stamped.
But, if any such document is through mistake or inadvertence received, filed or used in any Court or
office without being properly stamped, the presiding Judge or the he ad of the office, as the case may be,
1. Subs. by the A.O. 1937 for L.G. .
24
or, in the case of a High Court, any Judge of such Court, may, if he thinks fit, order that such document be
stamped as he may direct; and, on such document being stamped accordingly, the same and every
proceeding relative thereto sh all be as valid as if it had been properly stamped in the first instance.
STATE AMENDMENT
Orissa
Insertion a new section 28 -A, Act (7 of 1870 ).After section 28 of the Court Fees Act, 1870 the
following new section shall be inserted, namely:
28-A. Recovery Deficient or unpai d court fees. ---(1) If, on examination of the records of a Civil,
Criminal or Revenue case which has been disposed of, a public officer finds that the fee payable
under the Act or the rules made thereunder on any document filed, exhibited or recorded ther ein has
not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the
Court or to the revenue officer concerned.
(2) Such presiding officer or revenue officer, after satisfying himself of the correctness of s uch
report, shall record a provisional finding that the proper fee has not been paid and determine the
amount of fee payable and the person from whom the fee or the difference thereof, if any, shall be
recoverable.
(3) After recording a finding under sub-section (2), the presiding officer or revenue officer shall
issue a notice to the person referred to in that sub -section to show cause why he should not be ordered
to pay the fee determined thereunder, and , if sufficient cause is not shown, the presid ing officer or
revenue officer shall confirm the finding and make an order requiring such person to pay the proper
fee before a date to be specified in that notice.
(4) If such person fails to pay the fee in accordance with the notice issued under sub -section ( 3),
it shall on the certificate of such presiding officer or revenue officer, be recoverable as an arrear of
land revenue.
[Vide Orissa Act 13 of 19 57, s. 2]
29. Amended document. Where any such document is amended in order merely to correct a
mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose
a fresh stamp.
30. Cancellation of stamp. No document requiring a stamp under this Act shall be filed or acted
upon in any proceeding in any Court or office until the stamp has been cancelled.
Such officer as the Court or the head of the office may from time to time appoint shall, on
receiving any such document, forthwith effect such cancellation by punching out the figure -head
so as to leave the amount designated on the stamp untouched, and the part removed by punching
shall be burnt or otherwise destroyed.
Tripura
Amendment of Section 30 .In Section 30 of the principal Act, after the existing text, the following
proviso shall be added -
Provided that, where court -fee is paid by electronic transfer of payment, the officer competent to
cancel stamp shall verify the genuineness of the payment and after satisfying himself that the court -
fee is paid, shall lock the entry in the computer and make an endorseme nt under his signature on the
document that the court -fee is paid and the entry is locked.
[Vide Tripura Act 17 of 2020, s. 8]
Bihar
Insertion of new Chapter V -A in Act VII of 1870. ---After Chapter V of the Court -fees Act, 1870 (Act VII of
1870) (hereinaf ter referred to the said Act) the following Chapter and Section shall be inserted, namely: -
"Chapter V -A.-Levy of Additional Surcharge.
30-A. The fees leviable under the Act, shall be increased in each case by an additional surcharge
at the rate of ten per centum of the amount of the Court Fees."
25
[Vide Bihar Act 20 of 1977, s. 2]
CHAPTER VI
MISCELLANEOUS
31. [Repayment of fees paid on applications to Criminal Courts .] Rep. by the Code of Criminal
Procedure (Amendment) Act, 1923 (18 of 1923), s. 163.
32. [Amendment of Act 8 of 1859 and Act 9 of 1869.] Rep. by the Repealing and Amending Act , 1891
(12 of 1891).
33. Admission in crimi nal cases of documents for which proper fee has not been paid.
Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee
has not been paid is, in the op inion of the presiding Judge, necessary to prevent a failure of justice,
nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition.
1[34. Sale of sta mps. (1) The 2[appropriate Government] may from time to time make rules for
regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be
conducted, and the duties and remuneration of such persons.
(2) All such rules shall be published in the Official Gazette, and shall thereupon have the
force of law.
(3) Any person appointed to sell stamps who disobeys any rule made under this section, and
any person not so appointed who sells or offers for sale any stamp, shall be punished with
imprisonment for a term which may extend to six months, or with fine which may ext end to five
hundred rupees, or with both.]
35. Power to reduce or remit fees. The 2[appropriate Government] may, from time to time
by notification in the Offici al Gazette, reduce or remit, in the whole or in any part of 3[the
territories under its administration], all or any of the fees mentioned in the first and second
schedules to this Act annexed, and may in like manner cancel or vary such order.
STATE AMENDME NT
Orissa
Amendment of section 35 of Act (7 of 1870). For section 35 of the principal Act, the following
section shall be substituted:
35. Power to suspend, reduce or remit fees. (1) The Provincial Government may from time
to time subject to such conditi ons or restrictions as it may think fit to impose, by notification in the
Gazette suspend the payment of or reduce or remit, in the whole of Orissa or in any part thereof, all or
any of the fees mentioned in Schedules I and II to this Act annexed and may i n like manner cancel or
vary such order.
(3) The Provincial Government may from time to time by rules prescribe the manner in which
any fee the payment of which is suspended under sub -section (1) may be realized a nd for this purpose
direct that such fee m ay be recovered as if it were an arrear of land revenue.
[Vide Orissa Act 5 of 1939, s. 15]
Haryana
Substitution of section 35 of Central Act 7 of 1870 . For section 35 of the Court Fees Act,
1870 (hereinafter referred to as the principal Act), the follow ing section shall be substituted, namely:
"35. Power to remit or reduce fees .The State Government may, subject to such c onditions or
restrictions as it may think fit to impose, by notification in the Official Gazette, reduce or remit in
relation to all o r any class of persons, in the whole or any part of the territories under its
administration, all or any of the fees mentioned in the first and second schedules annexed to this Act
and may in like manner cancel or vary such order .
1. Subs. by Act 12 of 1891, for s ection 34.
2. Subs. by the A.O. 1937, for L. G..
3. Subs. by Act 38 of 1 920, s. 2 and the First Schedule , for British India.
26
[Vide Haryana Act 27 of 1976, s. 2]
Bihar
Substitution of new Section for Section 35 of Act VII of 1870. - For Section 35 of the said Act, the
following Section shall be substituted, namely: -
"35. Power to remit or reduce Court -fees.---The State Government may, subject to such co ndition
or restriction as it may think fit to impose, by order published in the Official Gazette, reduce or
remit in relation to all or any class of persons, in the whole or any part of the State, all or any of
the fees mentioned in the First and Second Sc hedules to this Act and may in like manner cancel or
vary such order."
[Vide Bihar Act 20 of 1977, s. 3 |
manner cancel or
vary such order."
[Vide Bihar Act 20 of 1977, s. 3]
36. Saving of fees to certain officers of High Courts. Nothing in Chapters II and V of this Act
applies to the commission payable to the Accountant Ge neral of the High Court at Fort William, or to the
fees which any officer of a High Court is allowed to receive in addition to a fixed salary .
STATE AMENDMENT
Haryana
Insertion of section 37 in Act 7 of 1870 . After section 36 of the principal Act, the fo llowing
section shall be inserted, namely :
37. Fees in High Court .Nothing contained in Schedules I and II to this act shall apply
to the High Court of Punjab and Haryana and the provisions in that behalf applicable
immediately before the 1st day of No vember, 1966, shall continue to apply to the said High
Court..
[Vide Haryana Act 22 of 1974, s. 3]
27
SCHEDULE I
AD VALOREM FEES
Number _____ _ Proper Fee
1. 1Plaint 2[written statement
pleading a set -off or counter -
claim] or memoran dum of appeal
(not otherwise provided for in
this Act) 2[or of cross -objection]
presented to any Civil or
Revenue Court except those
mentioned in section 3.
When the amount or value of the subject -matter in
dispute does not exceed five rupees. Six annas.
When such amount or value exceeds five rupees, for
every five rupees, or part thereof, in excess of five
rupees, up to one hundred rupees. Six annas.
When such amount or value exceeds one hundred
rupees, for every ten rupees, or p art thereof, in excess of
one hundred rupees, up to one thou sand rupees. Twelve annas.
When such amount or value exceeds one thou sand
rupees, for every one hundred rupees, or part thereof, in
excess of one thousand rupees, up to five thousand
rupees. Five rupees.
When such amount or value exceeds five thousand
rupees, for every two hundred and fifty rupees, or part
thereof, in excess of five thousand rupees, up to ten
thousand rupees. Ten rupees.
When such amount or value exceeds ten thousand
rupees, for every five hundred rupees, or part thereof, in
excess of ten thousand rupees, up to twenty thousand
rupees. Fifteen rupees.
When such amount or value exceeds twenty thousand
rupees, for every one thousand rupees, or part thereof, in
excess of t wenty thousand rupees, up to thirty thousand
rupees. Twenty rupees.
When such amount or value exceeds thirty thousand
rupees, for every two thousand rupees, or part thereof, in
excess of thirty thousand rupees, up to fifty thousand
rupees. Twenty rupees .
When such amount or value exceeds fifty thousand
rupees, for every five thousand rupees, or part thereof, in
excess of fifty thousand rupees : Twenty -five
rupees.
Provided that the maximum fee leviable on a plaint or
memorandum of appeal shall be th ree thousand rupees.
2. Plaint 3*** in a suit for
possession under 4[the Specific
Relief Act, 1877, section 9].
3. [ Repealed by the Indian
Registration Act, 1871 (8 of
1871) ].
.. A fee of one -half
the amount
prescribed in the
foregoing scale.
..
4. Application for review of
judgment ,5if presented on or after
the ninetieth day from the date of
the decree.
.. The fee leviable
on the plaint or
memorandum of
appeal.
5. Application for review of
judgments , 5if presented before the
ninetieth day fr om the date of the
decree.
.. One-half of the
fee leviable on
the plaint or
memorandum of
appeal.
1. To ascertain the proper fee leviable on the institution of a suit, see the table annexed to this Schedule.
2. Ins. by Act 5 of 1908, s. 155 and the Fourth Schedule .
3. The words or memorandum of appeal rep. by Act 20 of 1870.
4. Subs. by Act 12 of 1891 , s. 3 and the First Schedule for Act No. 14 of 1859 (to provide for the limitation of
suits ).
5. As to application for review of judgment, see the Code of Civil Procedure, 1908 (Act 5 of 1908).
28
Number Proper Fee
6. Copy or translation of a
judgment or order not being, or
having the force of, a decree. When such judgment or ord er is passed by any Civil Court
other than a High Court, or by the presiding officer of any
Revenue Court or office, or by any other Judicial or Executive
Authority
(a) If the amount or value of the subject -matter is fifty or less
than fifty rupees. Four annas.
(b) If such amount or value exceeds fifty rupees. Eight annas.
When such judgment or order is passed by a High Court. One rupee.
7. Copy of a decree or order having
the force of a decree. When such decree or order is made by any Civil Court other
than a High Court, or by any Revenue Court
(a) If the amount or value of the subject -matter of the suit
wherein such decree or order is made is fifty or less than fifty
rupees. Eight annas.
(b) If such amount or value exceeds fifty rup ees. One rupee .
When such decree or order is made by a High Court. Four rupees.
8. Copy of any document liable to
stamp -duty under the Indian Stamp
Act, 18791, (1 of 1879), when left
by any party to a suit o r proceeding
in place of the original withdra wn. (a) When the stamp -duty chargeable on the original does not
exceed eight annas. The amount of the
duty chargeable on
the original.
(b) In any other case. Eight annas.
9. Copy of any revenue or judicial
proceeding or order not otherwise
provided f or by this Act, or copy of any
account, statement, report or the like,
taken out of any Civil or Criminal or
Revenue Court or office, or from the
office of any chief officer charged with
the executive administration of a
Division. For every three hundred a nd sixty words or fraction of three
hundred and sixty words. Eight annas.
10. [ Rep. by the Guardians and Wards
Act, 1890 (8 of 1890).] .. ..
2[11. Probate of a will or letters of
administr ation with or without will
annexed. 3[When the amount or value of the property in respect of which
the grant of probate or letters is made exceeds one thousand
rupees, but does not exceed ten thousand rupees. Two per centum on
such amount or
value.
When such amount or value exceeds ten thousand rupees, but
does not exceed fifty thousand rupees. Two and one -half
per centum on such
amount or value.
When such amount or value exceeds fifty thousand rupees: Three per centum
on such amount or
value.]
Provided that when, after the grant of a certificate under the
Succession Certificate Act, 1889 (7 of 1889), or under the
Regulation of the Bombay Code, No. 8 of 1827, in respect of
any property included in an estate, a grant of probate or
letters of admini stration is made in respect of the same
estate, the fee payable in respect of the letter grant shall be
reduced by the amount of the fee paid in respect of the
former grant.
1. See now the Indian Stamp Act, 1899 (2 of 1899).
2. Subs. by Act 7 of 1 889, s. 13 (1), for article 11.
3. These items were subs. by Act 7 of 1910 , s. 2(i).
29
Number ______ Proper Fee
1[12. Certificate under th e
Succession Certificate Act, 1889 (7
of 1889). In any case. Two per centum on the
amount or value of any
debt or secu rity specified
in the certificate under
section 8 of the Act, and
three per centum on the
amount or value of any
debt or security to which
the certificate is extended
under section 10 of the
Act.
NOTE. (1) The amount
of a debt is its amount,
inclu -ding interest, on the
day on which the inclusion
of the debt in the
certificate is applied for,
so far as such amount can
be asc -ertained.
(2) Whether or not any
power with respect to a
security specified in a
certificate has been
conferred under the Act,
and, where such a power
has been so conferred,
whether the power is for
the receiving of interest or
dividend s on, or for the
negotiation or transfer, of
the security, or for both
purposes, the value of the
security is its market -value
on the day on which the
inclusion of the security in
the certificate is applied
for, so far as such value
can be ascertained.]
2[12A. Certificate under the
Regulation of the Bombay Code
No. 8 of 1827. 3[(1) As regards debts and securities. The same fee as would
be payable in respect of
a certificate under the
Succession Certificate
Act, 1889 (7 of 1889),
or in respect of an ext -
ension of such a cert -
ificate, as the case may
be.
(2) As regards other property in respect of which
the certificate is granted
When the amount or value of such property exceeds
one thousand rupees, but does not exceed ten
thousand rupees. Two per centu m on
such amount or
value.
When such amount or value exceeds ten thousand
rupees, but does not exceed fifty thousand rupees. Two and one -half per
centum on such
amount or value.
When such amount or value exceeds fifty thousand
rupees. Three per centum on
such amount or
value.]]
1. Subs. by Act 7 of 18 89, s. 13 (1), for the article 12.
2. Subs. by s. 13 (1), ibid., for article 12A.
3 These items were subs . by Act 7 of 1910, s. 2 (ii).
30
Number ______ Proper Fee
113. Application to the 2[High
Court of Punjab] for the exercise
of its jurisdiction under
section 44 of the Punjab Courts
Act, 191 8 (Punjab 6 of 1918) or
to the Court of the Financial
Commissioner of Punjab for the
exercise of its revisional
jurisdiction under section 84 of
the Punjab Ten ancy Act, 1887
(16 of 1887). When the amount or value of the subject -matter in
dispute does not exceed twenty -five rupees.
Two rupees.
When such amount or value exceeds twenty -five
rupees. The fee leviable on
a memorandum of
appeal.
14. [ Rep. by the A.O. 1937. ]
15. [ Rep. by the Repealing and
Amending Act, 1923 (11 of
1923 ), s. 3 and Sch. II .]
1. Ins. by the Punjab Courts Act, 1884 (8 of 1884), s. 71, as amended by the Punjab Courts Act 1899 (25 of 1899), s. 6. Article 1 3
was rep. in the Punjab by s. 5 of the Punjab Courts (Amendment) Ac t, 1912 (Punjab 1 of 1912); but it has since been revived
in this form by the Court -fees (Punjab Amendment) Act, 1922 (Punjab 7 of 1922).
2. Subs. by the A.O. 1948, for High Court of Judicature at Lahore.
31
STATE AMENDMENT
Assam.
Amendment of Schedule 1 of Act 7 of 1870. In Schedule I to the principal Act, (1) for Article 1,
the following shall be substituted, namely:
Number Proper fee
(1) (2) (3)
1. Plaint, written statement
pleading a set -off or counter -
claim or memorandum of appeal
(not otherwise provided for in
this Act ) or, of cross -objection
presented to any Civil or
Revenue Court except those
mentioned in Section 3 . When the amount or value of the subject -
matter in dispute does not exce ed one
hundred rupees, for every five rupees, or,
part thereof of such amount or value ; fifty-five paise.
and
When such amount or value exceeds one
hundred rupees, for every ten rupees or part
thereof, in excess of one hundred rupees up
to one hundred and fifty rupees ; One rupee and ninety -
five paise.
and
When such amount or values exceeds one
hundred and fifty rupees |
e and ninety -
five paise.
and
When such amount or values exceeds one
hundred and fifty rupees, for every ten
rupees, or part the reof, up to one thousand
rupees; One rupee and forty
paise.
and
When such amount or value ex ceeds one
thousand rupees, for every one hundred
rupees, or part thereof in excess of one
thousand rupees, up to seven thousand five
hundred rupees ; Eight rupees and
twenty -five paise .
and
When such amount or value exceeds seven
thousand five hundred rupees, for every two
hundred and fifty rupees, or part thereof, in
excess of seven thousand five hundred
rupees, up to thousand rupees ; Sixteen rupees and
fifty paise.
and
32
When such amount or value exceeds ten ,
thousand rupees, for every five hund red
rupees , or part thereof, in excess of ten
thousand rupees, up to twenty thousand
rupees ; Twenty -four rupees
and seventy -five
paise .
and
When such amount or value exceeds twenty
thousand rupees, for every one thousand
rupees, or part thereof in ex cess of twenty
thousand rupees upto fifty thousand rupees; Thirty -three rupees.
and
When such amount or value exceeds fifty
thousand rupees, for every five thousand
rupees, or part thereof in exceess of fifty
thousand rupees : Forty -one rupees and
twenty -five paise.
Provided that the maximum fee leviable on
a plaint or memorandum of appeal shall not
exceed eleven thousand rupees.
(2) for Articles 6, 7, 8 and 9 the following shall be substituted, namely:
6. Copy or translation of a
judgment or order not being or
having the force of a decree . When such judgment or order is passed by
any Civil Court other than High Court, or by
the Presiding Officer of any Revenue Court
or officer
or by any other Judicial or Executive
Authority:
(a) if the amo unt or value of the subject -
matter is fifty or less than fifty rupees . One rupee and ten
paise .
(b) if such amount or value exceeds fifty
rupees . Two rupees and
twenty paise .
(c) when such judgment or order is passed
by a High Court . Four rupees and f orty
paise .
7. Copy of a decree or order
having the force of a decree When such decree or order is made by any
Civil Court other than a High, Court, or by
any Revenue Court
(a) If the amount or value of the subject
matter of the suit wherein such decr ee or
order is made is fifty or less than fifty
rupees . Two rupees and
twenty paise .
(b) If such amount or value exceeds fifty
rupees . Three rupees and
thirty paise .
(c) when such decree or order is made by
High Court . Eight rupees and
twenty -five pais e.
33
8. Copy of any document liable
to stamp -duty under the Indian
Stamp Act, 1899 (Act 2 of 1899),
when left by any party to a suit or
proceeding in place of the
original withdrawn . (a) when the stamp -duty chargeable on
the original does not exceed o ne rupee . The amount of the
duty chargeable on the
original.
(b) In any other case . One rupee and twenty
paise.
9. Copy of any revenue or
judicial proceeding or order not
otherwise provided for by this
Act, or copy of any account,
statement, report or the like,
taken out of any Civil or
Criminal or Revenue Court or
office or from the office of any
Chief Officer charged with the
executive administration of
Division. For every three hundred and sixty words
or fraction of three hundred and sixty
words . One rupee and twenty
paise.
[Vide Assam Act 28 of 1972, s. 2 ,]
34
35
36
37
38
39
40
STATE AMENDMENT
Assam
Table of Rates of Ad valorem Fees Leviable on the Institution of Suits
When the amount or value of the
subject matter exceeds But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
" " 5 .55
5 10 1.10
10 15 1.65
15 20 2.20
20 25 2.75
25 30 3.30
30 35 3.85
35 40 4.40
40 45 4.95
45 50 5.50
50 55 6.05
55 60 6.60
60 65 7.15
65 70 7.70
70 75 8.25
75 80 8.80
80 85 9.35
85 90 9.90
90 95 10.45
95 100 11.00
100 110 12.95
110 120 14.85
120 130 16.80
130 140 18.70
140 150 20.55
150 160 21.95
41
When the amount or value of the
subject matter exceeds But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
160 170 23.30
170 180 24.60
180 190 25.90
190 200 27.25
200 210 28.55
210 220 29.90
220 230 31.20
230 240 32.50
240 250 33.85
250 260 35.15
260 270 36.50
270 280 37.80
280 290 39.15
290 300 40.45
300 310 41.75
310 320 43.10
320 330 44.40
330 340 45.75
340 350 47.05
350 360 48.35
360 370 49.0
370 380 51.00
380 390 52.35
390 400 53.65
400 410 54.95
410 420 56.30
420 430 57.60
430 440 58.95
42
When the amount or value of the
subject matter exceeds But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
440 450 60 25
450 460 61.55
460 470 62.90
470 480 64.20
480 490 65.55
490 500 66.85
500 510 68.15
510 520 69.50
520 530 70.80
530 540 72.15
540 550 73.45
550 560 74.75
560 570 76.10
570 580 77.40
580 590 78.75
590 600 80.05
600 610 81.35
610 620 82.70
620 630 84.00
630 640 85.35
640 650 86.65
650 660 87.95
660 670 89.30
670 680 90.60
680 690 91.95
690 700 93.25
700 710 94. 55
710 720 95.90
43
When the amount or value of the
subject matter exceeds But does not exceed Proper fee
(1) (2) (3)
Rs. Rs. Rs. P.
720 730 97.20
730 740 98.55
740 750 99.85
750 760 101.15
760 770 102.50
770 780 103.80
780 790 105.15
790 800 106.45
800 810 107.75
810 820 109.10
820 830 110.40
830 840 111.75
840 850 113.05
850 860 114.35
860 870 115.70
870 880 117.00
880 890 118.35
890 900 119.65
900 910 120.95
910 920 122.30
920 930 123.60
930 940 124.95
940 950 126.25
44
Number Proper fee
(1) (2) (3)
5. Plaint or memorandum of appeal to a suit
to establish or di sprove a right of occupancy.
6. Bail -bond or other instrument obligation
given in a pursuance of an order made by a Court
or Magistrate under any section of the Code of
Criminal Procedure, 1898 (Act V of 1898), or the
Code of Civil Procedure, 1908 and not otherwise
provided for by this Act.
7. Undertaking under section 49 of the Indian
Divorce Act, 1869.
One rupee
and ten paise.
8. ...
9. ...
10. Mukhtarn ama or Vakalatnama.
When presented for the conduct of any one
case
(a) to any Civil or Criminal Court other
than a High Court, or to any Revenue
Court, or to any Collector or Magistrate,
or other Executive Officer except such as
are mentioned in clauses ( b) and ( c) of
this Number;
One rupee
and ten paise.
(b) to a Commissioner of Revenue,
Circuit or Customs or to any officer
charged with the Executive
Administration of a Division, not being
the Chief Revenue or Executive
Authority; Two rupees
and seventy -
five paise.
(c) to a High Court, Chief
Commissioner, Board of Revenue, or
other Chie f Controlling Revenue or
Executive Authority, or an appellate
Authority prescribed under the Motor
Vehicles Act, 1939 (Act IV of 1939) or
to an Appellate Authority prescribed
under the Assam Sales Tax Act,
1947(Assam Act XVII of 1947).
Five rupees
and fif ty
paise.
45
Number Proper fee
(1) (2) (3)
11. Memorandum of appeal when the appeal
is not from a decree or an order having the
force of a decree, and is presented. (a) to any Civil Court other than a High
Court, or to any Revenue Court or
Executive O fficer other than the High
Court or Chief Controlling Revenue or
Executive Authority except an authority
specified in clause ( b); Three rupees
and thirty
paise.
(b) to an Excise Appellate Authority
under Rule 340 of the Assam Excise
Rules; Sixteen
rupees and
fifty paise.
(c) to a High Court or Chief
Commissioner or other Chief Controlling
Executive or Revenue Authority except an
Authority prescribed in clause ( b); Eleven
rupees.
(d) To an Excise Appellate Authority
under Rule 341 of the Assam Excise R ule
: Fifty five
rupees.
(e) to a High Court in miscellaneous
revenue matters except ( f) below or to an
|
rupees.
(e) to a High Court in miscellaneous
revenue matters except ( f) below or to an
Appellate Authority prescribed under the
Motor Vehicles Act, 1939 (Act IV of
1939); and Sixteen
rupees and
fifty paise.
(f) to a High Court in appea l and revision
matters arising out of settlement of
fishery
(i) When the bid money is below ten
thousand rupees: Sixteen
rupees and
fifty paise.
(ii) When the bid money is above then
thousand rupees but below twenty
thousand rupees: Twenty -
seven rupe es
and fifty
paise.
(iii) When the bid money is above
twenty thousand rupees. Thirty -tree
rupees.
12. Caveat... Eleven
rupees.
13. Application under Act No. 10 of 1859,
section 26 or Bengal Act No. 6 of 196 2, section
9 or Bengal Act No. 8 of 1869 sect ion 37. Five rupees
and fifty
paise.
Number Proper fee
46
(1) (2) (3)
14. Petition in a suit under the Native Converts
Marriage Dissolution Act, 1866. Five rupees
and fifty
paise.
17. Plaint or memorandum of appeal in each of
the following suits: --
(i) to alter or set aside a summary decision
or order of any of the Civil Courts not
established by Letters Patent or of any
Revenue Court;
Sixteen
rupees and
fifty paise. (ii) to alter or cancel any entry in a register
of the names of proprietors of revenue -
paying estates;
(iii) to obtain a declaration decree where no
consequential relief is prayed; Twenty -two
rupees.
(iv) to set aside an award; Sixteen
rupees and
fifty paise.
(v) to set aside an adoption; Twenty --two
rupees.
(vi) every ot her suit where it is not possible
to estimate at a money -value the subject -
matter in dispute, and which is not other -
wise provided for by this Act. Sixteen
rupees and
fifty paise.
18. Application under section 14 or section 20, of
the Indian Arbitration A ct, 1940 (Act X of 1940),
for a direction for filing an award or for an order
for filing an agreement. When presented to a Munsifs Court. Sixteen
rupees and
fifty paise.
When presented to any other Court. Fifty -five
rupees.
19. Agreement in writing sta ting a question for
the opinion of the Court under the Code of Civil
Procedure, 1908 (Act V of 1908). Sixteen
rupees and
fifty paise.
20. Every petition under the Indian Divorce Act,
1869 (Act IV of 1869), except petitions under
section 44 of the same Ac t, and every
memorandum of appeal under section 55 of the
same Act. Twenty -two
rupees.
21. Plaint or memorandum of appeal under the
Parsi Marriage and Divorce Act, 1865 (Act XV
of 1865). Twenty -two
rupees.]
[Vide Assam Act 27 of 1972 s. 3]
47
STATE AM ENDMENT
Orissa
Amendment of Schedule I Act (7 of 1870). -In Schedule I to the principal Act for articles 11 and 12,
the following articles shall be substituted, namely :--
Number Proper fee
(1) (2) (3)
11. Probate of a will or letters of
administra tion with or without
will annexed. When the amount or value of the
property in respect of which the
grant of probate or letters is made
exceeds two thousand rupees, on
such amount or value up to ten
thousand rupees.
and
When su ch amount or value
exceeds ten thousand rupees, on
the portion of such amount or
value which is in excess of ten
thousand rupees up to fifty
thousand rupees.
and
When such amount or value
exceeds fifty thousand rupees,
on the portion of such amount or
value which is in excess of fifty
thousand rupees up to one lakh of
rupees,
and
When such amount or value
exceeds a lakh of rupees, on the
portion of such amount or value
which is in excess of one lakh of
rupees:
Provided that when, after the
grant of a certificate under the
Indian Succession Act, 1925 (39
of 1925 ) or under the Regulation
of the Bom bay Code No.8 of 1827,
in respect of any property included
in an estate, a grant of probate or
letters of administration is made in
respect of the same estate, the fee
payable in respect of the latter grant
shall be reduced by the amount of
the fee paid in respect of the former
grant. Two per centum
Three per centum
Four per centum
Five per centum
48
12. Certificate under the Indian
Succession Act, 1925. When the amount or value of any
debt or security specified in the
certificate under section 374 of
the Act, exceeds one thousand
rupees, on such amount or value
up to ten thousand rupees,
and
When such amount or value
exceeds ten thousand rupees, on
the portion of such amount or
value which is in excess of ten
thousand rupees up to fifty
thousand rupe es,
and
When such amount or value
exceeds fifty thousand rupees, on
the portion of such amount or
value which is in excess of fifty
thousand rupees up to one lakh
of rupees, and
When such amount or value
exceeds a lakh of rupees, on the
portion of such amount or value
which is in excess of one lakh of
rupees. Two per centum, and on the
amount or value of any debt or
security to which the certificate is
exten ded under section 376 of the
Act, three per centum.
Three per centum, and on the
amount or value of any debt or
security to which the certificate is
extended under section 376 of the
Act, four -and-a-half per centum.
Four per centum, and on the
mount or value of any debt or
security to which the certificate is
extended under section 376 of the
Act, six per centum.
Five per centum, and on the
amount or value of any debt or
security to which the certificate is
extended under section 376 of the
Act, seven -and-a-half per
centum.
SCHEDULE
(See section 2)
Number and year Short title
(1) (2)
Bihar and Orissa Act 1 of 1952 Bihar and Orissa Court -Fees (Amendment Act,
1922).
Madras Act V of 1922 Central Province Act XVI
of 1935 Madras Court -Fees (Amendmen t) Act, 1922 Court -
Fees (Central Provinces Amendment) Act, 1935.
49
When the amount or value of the
subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
1,400
1,500
1,600
1,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2,600
2,700
2,800
2,900
3,000
3,100
3,200 Rs.
1,500
1,600
1,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2,600
2,700
2,800
2,900
3,100
3,200
3,300
3,300 Rs. a. p.
141 4 0
148 12 0
156 4 0
163 12 0
171 4 0
178 12 0
186 4 0
193 12 0
201 4 0
208 12 0
216 4 0
223 12 0
231 4 0
238 12 0
246 4 0
263 12 0
261 4 0
268 12 0
276 4 0
50
When the amount or value of the
subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
850
860
870
880
890
900
910
920
930
940
950
960
970
980
990
1,000
1,100
1,200
1,300 Rs.
860
870
880
890
900
910
920
930
940
950
960
970
980
990
1,000
1,100
1,200
1,300
1,400 Rs. a. p.
88 0 0
89 2 0
90 4 0
91 6 0
92 8 0
93 10 0
94 12 0
95 14 0
97 0 0
98 2 0
99 4 0
100 6 0
101 8 0
102 10 0
103 12 0
111 4 0
118 12 0
126 4 0
133 12 0
When the amount or value of the
subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
24.000
Rs
25,000
Rs. a. p.
1,341 4 0
51
25,000
26,000
27,000
28,000
29,000
30,000
32,000
34,000
36,000
38,000
40,000
42,000
44,000
46,000
48,000 26,000
27,000
28,000
29,000
30,000
32,000
34,000
36,000
38,000
40,000
42,000
44,000
46,000
48,000
50,000 1,371 4 0
1,401 4 0
1,431 4 0
1,461 4 0
1,491 4 0
1,521 4 0
1,551 4 0
1,581 4 0
1,661 4 0
1,641 4 0
1,671 4 0
1,701 4 0
1,731 4 0
1,761 4 0
1, 791 4 |
731 4 0
1,761 4 0
1, 791 4 0
When the amount or value of the
subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
85
90
95
Rs.
90
95
100
Rs.
6 12 0
7 2 0
7 8 0
52
100
110
120
130
140
150
160
170
180
190
200
210
220
230
240
250
260 110
120
130
140
150
160
170
180
190
200
210
220
230
240
250
260
270 8 8 0
9 8 0
10 8 0
11 8 0
12 8 0
13 8 0
14 8 0
15 8 0
16 8 0
17 8 0
18 8 0
19 8 0
20 8 0
21 8 0
22 8 0
23 8 0
24 8 0
When the amount or value of the
subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
7,100
7,200
7,300
7,500
Rs.
7,200
7,300
7,500
7,600
Rs. a. p.
508 12 0
576 4 0
533 12 0
53
7,600
7,700
7,800
7,900
8,000
8,250
8,500
8,750
9,000
9,250
9,500
9,750
10,000
10,500
11,000
11,500
12,000 7,700
7,800
7,900
8,000
8,250
8,500
8,750
9,000
9,250
9,500
9,750
10,000
10,500
11,000
11,500
12,000
12,500 591 4 0
606 4 0
621 4 0
636 4 0
651 4 0
666 4 0
681 4 0
696 4 0
711 4 0
726 4 0
741 4 0
763 12 0
786 4 0
808 12 0
831 4 0
853 12 0
When the amount o r value of the
subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
660
670
680
690
700
710 Rs.
670
680
690
700
710
720 Rs. a. p.
66 10 0
67 12 0
68 14 0
70 0 0
71 2 0
72 4 0
54
720
730
740
750
760
770
780
790
800
810
820
830
840
730
740
750
760
770
780
790
800
810
820
830
840
850
73 6 0
74 8 0
75 10 0
76 12 0
77 14 0
79 0 0
80 2 0
81 4 0
82 0 0
83 8 0
84 10 0
85 12 0
86 14 0
When the amount or value of the
subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
90
95
100
110
120
130
140
150
Rs.
95
100
110
120
130
140
150
160
Rs. a. p.
7 2 0
7 8 0
8 4 0
9 0 0
9 12 0
10 8 0
11 4 0
12 0 0
55
160
170
180
190
200
210
220
230
240
250
260
270
280 170
180
190
200
210
220
230
240
250
260
270
280
290 12 12 0
13 8 0
14 4 0
15 0 0
15 12 0
16 8 0
17 4 0
18 0 0
18 12 0
19 8 0
20 4 0
21 0 0
21 12 0
When the amount or value of the
subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
290
300
310
320
330
340
350
360
370
380
390 Rs.
300
310
320
330
340
350
360
370
380
390
400 Rs. a. p.
22 8 0
23 4 0
24 0 0
24 12 0
25 8 0
26 4 0
27 0 0
27 12 0
28 8 0
29 4 0
30 0 0
56
400
410
420
430
440
450
460
470
480
490
410
420
430
440
450
460
470
480
490
500
30 12 0
31 8 0
32 4 0
33 0 0
33 12 0
34 8 0
35 4 0
36 0 0
36 12 0
37 8 0
57
SCHEDULE B.
(See Section 21).
(a) Table of rales and valorem fees leviable on plaints , etc ., mentioned in Article 1 of Schedule I.
When the amount of
value of the subje ct-
matter exceeds. But does not exceed. Proper fee.
1 2 3
Rs.
5
10
15
20
25
30
35
40
45
50
55
60
65
70
75
80 Rs.
5
10
15
20
25
30
35
40
45
50
55
60
65
70
75
80
85 Rs. a. p.
0 6 0
0 12 0
1 2 0
1 8 0
1 14 0
2 4 0
2 10 0
3 0 0
3 6 0
3 12 0
4 2 0
4 8 0
4 14 0
5 4 0
5 10 0
6 0 0
6 6 0
58
SCHEDULE A.
(See Section 2.)
Province year and number. Title. Extent of Repeal.
1 2 3
Bihar and Orissa Act I of
1922.
Madras Act V of 1922.
Central Provinces Act XVI of
1935. Bihar and Orissa Court Fees
(Amendment) Act, 1992.
Madras Court Fees
(Amendment) Act, 1922.
Court Fees (Central Provinces
Amendment) Act, 1935. The whole Act, except
sections 6,9, 10 and 13.
The whole Act, except section
11 in respect of Articles 11
and 12 of Schedule I.
The whole Act, except section
4 (e).
When the amount or value of
the subject -matter exceeds But does not exceed Proper fee.
1 2 3
Rs.
3,300
3,400
3,500
3,600
3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
Rs.
3,400
3,500
3,600
3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
4,900
Rs. a. p.
283 12 0
291 4 0 |
Rs. a. p.
283 12 0
291 4 0
298 12 0
306 4 0
313 12 0
321 4 0
328 12 0
336 4 0
343 12 0
351 4 0
358 12 0
366 4 0
373 12 0
381 4 0
388 12 0
396 4 0
59
4,900
5,000
5,100 5,000
5,100
5,200 403 12 0
411 4 0
418 12 0
[Vide Orissa Act 11 of 1967, s. 4]
Amendment of Article 1 of Schedule 1 (7 of 1870) .--For Article 1 of Schedule I of the Principal Act
the followin g Article shall be substituted: --
Number. Proper fee.
1.Plaint, written statement pleading a set -
off or counter -claim or memorandum of
appeal (not otherwise provided for in this
Act) presented to any Civil or Revenue
Court except those mentioned in section 3. When the amount or value of the subject
matter in dispute does not exceed five
rupees.
When such amount or value exceeds five
rupees, for every five rupees, or part
thereof , in excess of five rupees, up to
one hundred rupees.
When such amount or value exceeds one
hundred rupees, for every ten rupees, or
part thereof, in excess of one hundred
rupees, up to five hundred rupees.
When such amount or value exceeds five
hundred rupees, for every ten rupees, or
part thereof, in excess of five hundred
rupees, up to one thousand rupees.
When such amount or value exceeds one
thousand rupees, for every one hundred
rupees, or part thereof, in excess of one
thousand rupees, up to seven thousand
five hundred rupees.
When such amount or value exceeds
seven thousand five hundred rupees, for
every two hundred and fifty rupees, or
part thereof, in excess of seven thousand
five hundred rupees, up to ten thousand
rupees.
When such amount or value exceeds ten
thousand rupees, for every five hundred
rupees, or part thereof, in excess of ten
thousand rupees, up to twenty thousand
rupees.
When such amount or value exceeds
twenty thousand rupees, fo r every one
thousand rupees, or part thereof, in
excess of twenty thousand rupees, up to
thirty thousand rupees
When such amount value exceeds thirty
thousand rupees, for every two thousand
rupees, or part thereof in excess of Six annas.
Six annas.
One rupee.
One rupee
two annas.
Seven rupees
eight annas.
Fifteen rupees.
Twenty two rupees
eight annas.
Thirty rupees.
Thirty rupees.
60
thirty thousand rupees, up to fifty
thousand rupees.
When such amount or value exceeds fifty
thousand rupees for every five thousand
rupees, or part thereof , in excess of fifty
thousand rupees.
Thirty -seven rupees
eight annas.
[Vide Orissa Act 5 of 1939, s. 16]
Insertion of new Articles 3 and 3A in Schedule 1 of Act VII of 1870 .-- In Schedule I of the principal
Act after Article 2, the following Articles shall be inserted:
3. Plaint, or written statement pleading
a set -off or counterclaim in any suit of
the nature cognizable by a court of small
causes when the amount or value of the
subject matter does not exceed Rs.500.
When the amount or value of the subject
matter in dispute does not exceed five rupees .
When such amount or value exceeds five
rupees, for every five rupees, or part
thereof, in excess of five rupees, up to
one hundred rupees.
When such amount or value exceeds one
hundred rupees, for every ten rupees, or
part thereof, in excess of one hundred
rupees up to five hundred rupees.
When such value exceeds three thousand
rupees but does not exceed four
thousand rupee s.
Six annas.
Six annas.
Twelve annas.
Fifty rupees
.
3A. plaint or memorandum of appeal in
each of the following suits:
(i)to obtain a declaratory decree where
no consequential relief is prayed.
(ii) to set aside an award.
(iii) to obtain a declaration that an
alleged adoption is invalid or never in
fact took place or to obtain a declaration
that an adoption is valid.
When such value exceeds four thousand
rupees for every two thousand rupees, or
part thereof, in excess of four thousand
rupees, upto ten thousand rupees.
When such value exceeds ten thousand
rupees, for every ten thousand rupees, or
part thereof in excess of ten thousand
rupees, up to fifty thousand rupees.
When such value exceeds fifty thousand
rupees, for every fifty thousa nd rupees,
or part thereof, in excess of fifty
thousand rupees. Fifty rupees.
Fifty rupees.
One hundred rupees.
[Vide Orissa Act 5 of 1939, s. 1 7]
Amendment of Article 6 of Schedule I of Act VII of 1870 .In the third column of Article 6 of
Schedu le I of the principal Act
(a) for the words four annas the words six annas shall be substituted;
(b) for the words eight annas the words twelve annas shall be substituted;
(c) for the words one rupee the words one rupee eight annas shall be su bstituted.
[Vide Orissa Act 5 of 1939, s. 1 8]
Amendment of Article 7 of Schedule I of Act VII of 1870 . For Article 7 of Schedule I of the principal
Act the following Article shall be substituted:
copy of decree or order
having the fore of a decree. When such decree or order is made by a
Munsifs Court or a Court of Small
Causes, or a Revenue Court
(a) If the amount or value of the
subject -matter of the suit wherein
such decree or order is made does
not exceed one hundred rupees;
Eight annas.
61
(b) If such amo unt or value exceeds
one hundred rupees but does not
exceed one thousand ;
(c) If such amount or value exceeds
one thousand rupees.
When such decree or order is made by the
Court of a District Judge or of a
Subordinate Judge.
When such decree or order is mad e by a
High Court. One rupee.
One rupee
eight annas.
Three rupees, if the amount
or value of the subject
matter of the suit wherein
such decree or order is
made does not exceed one
thousand rupees; six
rupees, if such amount or
value exceeds one thousand
rupees.
[Vide Orissa Act 5 of 1939, s. 1 9]
Amendment of Article 9 of Schedule I of Act VII of 1870 .In the third column of Article 9 of
Schedule I of the principal Act, for the words, eight annas the words twelve annas sh all be
substituted.
[Vide Orissa Act 5 of 1939, s. 20]
Amendment of table of rates and insertion of new tables in Schedule I of Act VII of 1870 .--For
the table of rates of advalorem fees annexed to Schedule I of the principal Act, the table set forth in
Schedule B to this Act shall be substituted.
[Vide Orissa Act 5 of 1939, s. 21]
Amendment of Schedule I . In Schedule I to the Court Fees Act, 1870 (7 of 1870) as amended in
its application to the State of Orissa (hereinafter referred as the principal Act) ,
(a) in article 1, for the words Thirty -seven rupees fifty naye paise occurring as the last entry
under the heading proper fee the words One hundred rupees shall be substituted;
(b) in the foot note to the Table of rates of advalorem fees appe aring under heading (a) Table of
rates of advalorem fees leviable on plaints, etc., mentioned in Article 1 of Schedule 1, for the words
thirty -seven rupees fifty naye paise, the words one hundred rupees shall be substituted.
[Vide Orissa Act 34 o f 1992, s. 2]
Haryana
Amendment of Schedule I to the Central Act 7 of 1870 . In schedule I to the Court Fees Act, 1870,
for "Table of rates of ad-valorem fees leviable on the institution of suits," the following Table shall be
substituted, namely : --
Table of rates of ad-valorem fees leviable on the institution of suits
When the amount or
value
of the subject matter
exceeds But does not
exceed Proper fee
1 2 3
Rupees Rupees Rupees
1 15,000 2.5%
62
And when the amount or value of t he subject matter exceeds seventy -five lakh rupees, the proper fee
leviable shall be two la kh six thousand three hundred rupees plus twenty five rupees for each five hundred
rupees or part thereof in excess of seventy -five lakh rupees.".
[Vide Haryana Act 16 of 2009, s. 2]
Bihar
Amendment in Schedule -I and II of the Court -Fees Act, 1870. - Any fee payable under Schedule -I and
Schedule -II of the Court -Fees Act, 1870 calculated in paise shall be rounded off in rupee.
[Vide Bihar Act 13 of 2010, s. 2]
Substitu tion of Schedule I and II appended to Act VII, 1870. - In the Court Fees Act, 1870 (Act VII of
1870) for Schedule I and II the following shall be substituted, namely -
[Schedule -1]
Ad valorem Fees
No. Subject
Description
Rates
1 Plaint, written
statement , pleading of
an adjustment or
counter claim or
memorandum of
appeal or a cross
objection, or plaint or
When the amount
or value of the
subject matter in
dispute -
(i) up to Rs.
30,000/ - (Rupees
thirty thousand)
15% of the amount or value 15,000 27,000 375+3.5% of the amount exceeding Rs. 15, 000
27,000 39, 000 795+4.5% of the amount exceeding Rs. 27,000
39,000 51, 000 1335+5.5% of the amount exceeding Rs. 39,000
51, 000 63, 000 1995+6.5% of the amount exceeding Rs. 51,000
63, 000 75,000 2775+7.5 % of the amount exceeding Rs. 63,000
75, 000 5,00,000 3675+6.5% of the amount exceeding Rs. 75,000
5,00,000 10,00,000 31300+5.5% of the amount exceeding R s.
5,00,000
10,00,000 20,00,000 58800+4.5% of the amount exceeding Rs.
10,00,000
20,00,000 30,00,000 103800+3.5% of the amount exceeding Rs.
20,00,000
30,00,000 45,00,000 138000+2.5% of the amount exceeding Rs.
30,00,000
45,00,000 60,00,000 176300+1.5% of the amount exceeding Rs.
45,00,000
60,00,000 75,00 ,000 198800+0.5% of the amount exceeding Rs.
60,00,000
63
memorandum of
appeal to set aside an
award not otherwise
provided in this Act,
presented to any Civil
or Revenue Court
except those
mentioned in Section -
|
provided in this Act,
presented to any Civil
or Revenue Court
except those
mentioned in Section -
3.
(ii) exceed Rs.
30,000/ - (Rupees
thirty thousand)
but does not
exceed Rs.
5,00,000/ -
(Rupees five lac).
Rs. 4,500/ - (Rupees four
thousand five hundred) +
10% of amount or value
exceeding Rs. 30,000/ -
(Rupees thirty thousand).
(iii) exceeds Rs.
5,00,000/ - (five
lac) but does not
exceed Rs.
20,00,000/ -
(twenty lac).
Rs. 51,500 (fifty one
thousand five hundr ed) +
5% of amount or value
exceeding Rs. 5,00,000/ -
(five lac).
(iv) exceeds Rs.
20,00,000/ -
(Rupees twenty
lac), Rs. 1 (one)
crore.
Rs. 1,26,500 (Rupees one
lac twenty six thousand five
hundred) + 1% of the
amount or value exceeding
Rs. 20,00,000/ - (Rupees
twenty lac).
(v) exceeds Rs. 1
(one) crore
Rs. 2,06,500/ - (Rupees two
lac six thousand five
hundred) + % of the
amount or value exceeding
Rs. 1 (one) crore.
Maximum Rs. 3,00,000/ -
(rupees three lac.)
2 Plaint in a suit for
possession under
Section 6 of Specific
Relief Act, 1963.
According to rates as
prescribed in item no.1.
3 Probate of a will or
letters of
administration with or
without will annexed.
10% of the amount or value
[minimum Rs. 500/ -
(Rupees five hundred) &
maximum Rs. 3, 00,000/ -
(Rupees three lac)].
4 Certificate under the
Succession Certificate
Act, 1889.
As prescribed in item no. 3
on amount or value
indicated on certificate.
64
[Schedule -II]
Fixed Fees
No. Subject
Description
Fee
1 (1) Application or petition
When presented to
an administrative or
revenue officer of
State Government or
Central Government
or local body or in a
civil or criminal or
small cause court
other than High
Court and which is
not otherwise
provided - Rs. 20/ - (Rupees twenty)
(2) When pr esented to the
High Court -
(i) Under Article
226, 227 or under
Article 226 and 227
of the Constitution -
(a) To file a general
application.
Rs. 500/ - (Rupees five
hundred).
(b) To file a Public
Interest Litigation.
Rs. 1000/ - (Rupees one
thousa nd).
(ii) On other
applications
Rs. 250/ - (Rupees two
hundred fifty).
(3) Application for Civil
Revision under Section 115 of
Civil Procedure Code or
Criminal Revision under
Section 397 read with Section
399/401 of Criminal Procedure
Code.
Rs. 25 0/- (Rupees two
hundred fifty).
2 Application to call for records
from any other Court.
Rs. 50/ - (Rupees fifty).
3 Application for leave to sue as
a pauper or for leave to appeal
as pauper.
Rs. 20/ - (Rupees twenty).
4 Plaint or memorandum of
appea l to establish or prove a
right of occupancy.
Rs. 100/ - (Rupees one
hundred).
5 Bail Bond or other instruments
of obligation given in
Rs. 20/ - (Rupees twenty).
65
pursuance of any order made
by a Court or Magistrate under
any section of the Code of
Criminal Procedure, 1973 or
the Code of Civil Procedure,
1908 and not otherwise
provided by this Act.
6 Undertaking under Section 49
of the Indian Divorce Act,
1869 (4 of 1869).
Rs. 100/ - (Rupees one
hundred).
7 Affidavit
(i) In all other courts
except the High
Court.
Rs. 20/ - (Rupees twenty
Rupees).
(ii) In the High
Court.
Rs. 30/ - (Rupees thirty).
8 Vakalatnama
(i) In all other courts
except the High
Court.
Rs. 30/ - (Rupees thirty)
[Court fee Rs. 20/ - +
Advocate Welfare stamps
Rs. 10/ -].
(ii) In the High
Court.
Rs. 50/ - (Rupees fifty)
[Court fee Rs. 30/ -+
Advocate Welfare stamp
Rs. 20/ -].
9 All kinds of copies of any
judgement, decree, order,
proceeding, the documents
filed in a proceeding etc.
Rs. 10/ - (Rupees ten) per
page.
10 Cavea t
Rs. 100/ - (Rupees one
hundred)
11 Application for review of
judgement.
Rs. 500/ - (Rupees five
hundred) only.
12 Memorandum of Appeal when
the appeal is not from a decree
or an order having the force of
a decree and is presented.
(a) To any Civil
Court other than a
High Court, or to
any Revenue Court,
or Executive Officer,
other than the High
Court or Chief
Controlling Revenue
or Executive
Authority.
Rs. 50/ - (Rupees fifty).
(b) To High Court or
Chief Controlling
Rs. 100/ - (Rupees one
66
Executive or
Revenue Authorit y. hundred).
13 Plaint or Memorandum of
Appeal in each of the
following suits: -
(i) To alter or set
aside a summary
decision or order of
any of the Civil
Courts (not
established by
Letters Patent or not
a Revenue Court)
Rs. 500/ - (Rupees five
hundred).
(ii) To alter or cancel
any entry in a
register of the names
of proprietors of
revenue paying
estates.
Rs. 500/ - (Rupees five
hundred).
(iii) To obtain a
declaratory decree
where no
consequential relief
is prayed.
Rs. 1000/ - (Rupees one
thousand).
(iv) To set aside an
award.
Rs. 1000/ - (Rupees one
thousand).
(v) To set aside an
adoption.
Rs. 1000/ - (Rupees one
thousand).
(vi) For every other
suit where it is not
possible to estimate
at a money value the
subject matter in
dispute and which is
not otherwise
provided for by this
Act.
Rs. 1000/ - (Rupees one
thousand).
14 Agreement in writing stating a
question for the opinion of the
Court under the Code of Civil
Procedure, 1908.
Rs. 200/ - (Rupees two
hundred).
15 (1) Every petition under the
Indian Divorce Act, 1869 except
under Section 44 of the same Act
and every Memorandum of
Appeal under Section 55 of the
same Act.
Rs. 500/ - (Rupees five
hundred).
67
(2) Plaint or Memorandum of
Appeal under the Parsi Marr iage
and Divorce Act, 1865.
[Vide Bihar Act 7 of 1996, s. 2]
Bihar
Substitution of Schedules I and II appended to Act VII, 1870. In the Court Fees Act, 1870 [Act VII
of 1870] as amended by Court Fees [(Bihar Amendment) Act, 1995] Schedules I and II sh all
be substituted , by the following: -
Schedule -I
Ad Valorem Fees
No. Subject
Description
Rates
1 Plaint, written statement,
pleading of an adjustment or
counter claim or
memorandum of appeal or a
cross objection, or plaint or
memorandum of appeal to se t
aside an award not otherwise
provided in this Act,
presented to any Civil or
Revenue Court except those
mentioned in Section -3.
When the amount or
value of the subject
matter in dispute -
(i) up to Rs. 30,000/ -
(Rupees thirty thousand)
15% of the amount or
value
(ii) exceed Rs. 30,000/ -
(Rupees thirty thousand)
but does not exceed Rs.
5,00,000/ - (Rupees five
lac).
Rs. 4,500/ - (Rupees
four thousand five
hundred) + 10% of
amount or value
exceeding Rs.
30,000/ - (Rupees
thirty thousand).
(iii) exceeds Rs.
5,00,000/ - (five lac) but
does not exceed Rs.
20,00,000/ -(twenty lac).
Rs. 51,500 (fifty one
thousand five
hundred) + 5% of
amount or value
exceeding Rs.
5,00,000/ - (five lac).
(iv) exceeds Rs.
20,00,000/ - (Rupees
twenty lac), Rs. 1 (one)
crore.
Rs. 1,26,500 (Rupees
one lac twenty six
thousand five
hundred) + 1% of the
amount or value
exceeding Rs.
20,00,000/ - (Rupees
twenty lac).
(v) exceeds Rs. 1 (one)
crore
Rs. 2,06,500/ -
(Rupees two lac six
thousand five
hundred) + % of
the amou nt or value
exceeding Rs. 1 (one)
crore. Maximum Rs.
68
3,00,000/ - (rupees
three lac.)
2 Plaint in a suit for possession
under Section 6 of Specific
Relief Act, 1963.
According to rates as
prescribed in item
no.1.
3 Probate of a will or letters of
admini stration with or without
will annexed.
10% of the amount or
value [minimum Rs.
500/- (Rupees five
hundred) &
maximum Rs.
3,00,000/ - (Rupees
three lac)].
4 Certificate under the
Succession Certificate Act,
1889.
As prescribed in item
no. 3 on amount or
value indicated on
certificate.
Schedule -II
Fixed Fees
No. Subject
Description
Fee
1 (1) Application or petition
When presented to an
administrative or
revenue officer of State
Government or Central
Government or local
body or in a civil or
crimin al or small cause
court other than High
Court and which is not
otherwise provided -
Rs. 20/ - (Rupees
twenty)
(2) When presented to the
High Court -
(i) Under Article 226,
227 or under Article
226 and 227 of the
Constitution -
(a) To file a general
application.
Rs. 500/ - (Rupees
five hundred).
(b) To file a Public
Interest Litigation.
Rs. 1000/ - (Rupees
one thousand).
(ii) On other
applications
Rs. 250/ - (Rupees
two hundred fifty).
(3) Application for Civil
Revision under Section
Rs. 250/ - (Rupees
two hundred fifty).
69
115 of C ivil Procedure
Code or Criminal
Revision under Section
397 read with Section
399/401 of Criminal
Procedure Code.
2 Application to call for
records from any other
Court.
Rs. 50/ - (Rupees
fifty).
3 Application fo r leave to
sue as a pauper or for
leave to appeal as pauper.
Rs. 20/ - (Rupees
twenty).
4 Plaint or memorandum of
appeal to establish or
prove a right of |
pees
twenty).
4 Plaint or memorandum of
appeal to establish or
prove a right of
occupancy.
Rs. 100/ - (Rupees
one hundred).
5 Bail Bond or other
instruments of obligation
given in pursuance of any
order made by a Court or
Magistrate under any
section of the Code of
Criminal Procedure, 1973
or the Code of Civil
Procedure, 1908 and not
otherwise provided by this
Act.
Rs. 20/ - (Rupees
twenty).
6 Undertaking under
Section 49 of the Indian
Divorce Act, 1869 (4 of
1869).
Rs. 100/ - (Rupees
one hundred).
7 Affidavit
(i) In all other courts
except the High Court.
Rs. 20/ - (Rupees
twenty Rupees).
(ii) In the High Court.
Rs. 30/ - (Rupees
thirty).
8 Vakalatnama
(i) In all ot her courts
except the High Court.
Rs. 30/ - (Rupees
thirty) [Court fee Rs.
20/- + Advocate
Welfare stamps Rs.
10/-].
(ii) In the High Court.
Rs. 50/ - (Rupees
fifty) [Court fee Rs.
30/-+ Advocate
70
Welfare stamp Rs.
20/-].
9 All kinds of copies of any
judgement, decree, order,
proceeding, the
documents filed in a
proceeding etc.
Rs. 10/ - (Rupees
ten) per page.
10 Caveat
Rs. 100/ - (Rupees
one hundred)
11 Application for review of
judgement.
Rs. 500/ - (Rupees
five hundred) only.
12 Memorandum o f Appeal
when the appeal is not
from a decree or an order
having the force of a
decree and is presented.
(a) To any Civil Court
other than a High
Court, or to any
Revenue Court, or
Executive Officer,
other than the High
Court or Chief
Controlling Revenue or
Executive Authority.
Rs. 50/ - (Rupees
fifty).
(b) To High Court or
Chief Controlling
Executive or Revenue
Authority.
Rs. 100/ - (Rupees
one hundred).
13 Plaint or Memorandum of
Appeal in each of the
following suits: -
(i) To alter or set aside
a summary decision or
order of any of the
Civil Courts (not
established by Letters
Patent or not a
Revenue Court)
Rs. 500/ - (Rupees
five hundred).
(ii) To alter or cancel
any entry in a register
of the names of
proprietors of revenue
paying estates.
Rs. 500/- (Rupees
five hundred).
(iii) To obtain a
declaratory decree
where no consequential
relief is prayed.
Rs. 1000/ - (Rupees
one thousand).
(iv) To set aside an
award.
Rs. 1000/ - (Rupees
one thousand).
(v) To set aside an
Rs. 100 0/- (Rupees
71
adoption. one thousand).
(vi) For every other
suit where it is not
possible to estimate at
a money value the
subject matter in
dispute and which is
not otherwise provided
for by this Act.
Rs. 1000/ - (Rupees
one thousand).
14 Agreement in writing
stating a question for the
opinion of the Court
under the Code of Civil
Procedure, 1908.
Rs. 200/ - (Rupees
two hundred).
15 (1) Every petition under
the Indian Divorce Act,
1869 except under Section
44 of the same Act and
every Memorandum of
Appeal under Section 55
of the same Act.
Rs. 500/ - (Rupees
five hundred).
(2) Plaint or
Memorandum of Appeal
under the Parsi Marriage
and Divorce Act, 1865.
[Vide Bihar Act 4 of 2008, s. 2]
Bihar
Amendment of Articles 1 and 6 of Schedule I to Act VII of 18 70. - For the 'proper fee' set forth in
Schedule I to the Court -fees Act, 1870 (VII of 1870), as amended from time to time in its application to
the State of Bihar (hereinafter referred to as the said Act), for Articles 1 and 6 and shown in the second
column of the Schedule A to this Act, the 'proper fees' shown against them in the third column of the said
Schedule A shall be substituted.
[Vide Bihar Act 7 of 1958, s. 2]
Amendment of the Table of Rates in Schedule I to Act VII of 1870. - For the 'proper fee s' set forth in
the table of rates annexed to Schedule to the said Act and shown in the first column of Schedule B to this
Act, the 'proper fees' shown in the second column of the Schedule B shall be substituted.
[Vide Bihar Act 7 of 1958, s. 3]
Amendment in Schedule -I and II of the Court -Fees Act, 1870. - Any fee payable under Schedule -I and
Schedule -II of the Court -Fees Act, 1870 calculated in paise shall be rounded off in rupee.
[Vide Bihar Act 13 of 2010, s. 2]
72
Haryana
Amendment of Schedule I to 7 of 1870 .In Schedule I to the principal Act, --
(i) after serial number 5 and entries thereagainst, the following serial number and entries
thereagainst shall be inserted, namely: --
1 2 3 4
5-A Copy of order of the
Rent Controller -- Five rupees.";
(ii) against serial number 8, under columns 3 and 4, for the existing
entries, the following entries shall be substituted, namely :
3 4
for every Page Two rupees." .
Bihar
Amendment of item 2, 3 and 4 of Schedule I appended to Act VII, 1870 (as amend ed by Bihar
Amendment Act, 1996 ).In the Court fees act, 1870 (as amended by Bihar Amendment Act, 1995) for
the items 2, 3 and 4 of Schedule I the following shall be substituted, namely: -
(1) Plaint in a suit for possession under
Specific Relief Act, 1963 , Section 6. A fee of half of the prescribed fee in the foregoing
Scale in item I.
(2) Application for review of judgement if
presented on or after the ninetieth day from the
date of the decree. The fee leviable on the plaint or memorandum of
appeal as it em 1.
(3) Application for review of judgement, if
presented before the ninetieth day from the
date of the decree. One half of the fee leviable on the plaint or
memorandum of appeal as item 1.
[Vide Bihar Act 9 of 2001, s. 2]
73
74
75
76
77
STATE AMENDMENT
Orissa
Amendment of Article 1 of Schedule II of Act VII of 1870. . In Article I of Schedule II of the
principal Act,
(a) in the third column opposite clause (a), for the words one annas the words two annas
shall be substituted;
(b) in the third column opposite clause (b), for the words, eight annas the words in the
case of a criminal complaint and appeal one rupee and in other cases twelve annas shall
be substituted;
(c) in the third column opposite clause (c) for the words one rupee the words one rupee
eight annas shall be substituted;
(d) in the second and third columns, for clause (d) and the words opposite the said clause the
following shall be substituted:
(d) (i) When presented to a High Court under section 115 of the Code of Civil Procedure,
1908 (5 of 1908), for revision of an order,
(a) When the value of the suit
or proceedings to which
the order relates does not
exceed one thousand
rupees.
(b) When the value of the suit
or proceeding exceeds one
thousand rupees.
(ii) when p resented to a High Court
otherwise than under that section. Five rupees.
Ten rupees.
Two rupees .
[Vide Orissa Act 5 of 1939, s. 2 2]
Amendment of Article 1A of Schedule II of Act VII of 1870. --In the third column of Article 1A of
Schedule II of the principal Act, for the words twelve annas the words one rupee shall be substituted.
[Vide Orissa Act 5 of 1939, s. 2 3]
Amendment of Article 10 of Schedule II of Act VII of 1870 .In Article 10 of Schedule II of the
principal Act,
In the third column
(i) for the words eight annas the words one rupee shall be substituted;
(ii) for the words one rupee the words two rupees shall be substituted;
(iii) for the words two rupees the words three rupees shall be substituted.
[Vide Orissa Act 5 of 1939, s. 2 4]
Amendment of Article 11 of Schedule II of Act VII of 1870. In Article 11 of Schedule II of the
principal Act
(a) for the entry in the first column, the following entry shall be substituted:
Memorandum of appeal when the appeal is from a n order inclusive of an order determining
any question under section 47 or section 144 of the Code of Civil Procedure (5 of 1908) and is
presented.
78
(c) in the third column
(i) for the words eight annas the words one rupee shall be substituted;
(ii) for the words two rupees the words four rupees shall be substituted.
[Vide Orissa Act 5 of 1939, s. 25]
Amendment of Article 11 of Schedule II of Act VII of 1870. --In the third column in Article 2 of
Schedule II of the principal Act, for the words f ive rupees the words ten rupees shall be substituted.
[Vide Orissa Act 5 of 1939, s. 2 6]
Amendm ent of Article 14 of Schedule I of Act VII of 1870. -- In the third column in Article 14 of
Schedule II of the principal Act, for the words five rupees the w ords ten rupees shall be substituted.
[Vide Orissa Act 5 of 1939, s. 27]
Amendment of Article 17 and insertion of new Article 17A in Schedule II of Act VII of 1870. --
For Article 17 of Schedule II of the principal Act the following two Articles shall be substituted:
17. Plaint or memorandum of
appeal in a suit,
(i) to alter or set aside a summary
decision or order of any of the
Civil Courts not established by
Letters Patent or of any Revenue
Court;
(ii) to alter or cancel any entry in a
register of th e names of the
proprietors of revenue paying
estates;
(iii) for relief under section 14
Endowment Act, 1868 (XX of
1868) , or under section 91 of the
Code of Civil Procedure, 1908.
17A.Plaint or memorandum of
appeal in every suit where it is not
possib le to estimate at a money -
value the subject -matter in dispute
and which is not otherwise
provided for by this Act.
Fifteen rupees.
Fifteen rupees.
Fifteen rupees.
When the plaint is
prescribed to, or the
memorandum of
appeal is against the
decree of
(a) a Revenue
court in th e
district of
Ganjam or
Koraput;
(b) any other
Revenue
court, or any
court of a
District
Judge , sub -
ordinate
Judge or
Munsif. Ten rupees.
Fifteen rupees if the
value for purposes of
jurisdiction does not
exceed four thousand
rupees, one hundred
rupees if such value
exceeds four
thousand rupees.
[Vide Orissa Act 5 of 1939, s. 28]
79
Amendment of Article 18 of Schedule II of Act VII of 1870 .--In Article 18 of Schedule II of the
principal Act
(a) for the entry in the first column, the following entry sha ll be substituted |
edule II of the
principal Act
(a) for the entry in the first column, the following entry sha ll be substituted:
Application under paragraph 17 or paragraph 20 of the Second Schedule to the Code of
Civil Procedure, 1908 (5 of 1908);
(c) in the third column for the words ten rupees shall be substituted .
[Vide Orissa Act 5 of 1939, s. 29]
Amend ment of Article 19 of Schedule II of Act VII of 1870 . In the third column in Article 19 of
Schedule II of the principal Act, for the words ten rupees the words fifteen rupees shall be
substituted.
[Vide Orissa Act 5 of 1939, s. 30]
Amendment of Articl e 19 of Schedule II of Act VII of 1870. In the third column in Article 20
Schedule II of the principal Act, for the words twenty rupees the words thirty rupees shall be
substituted.
[Vide Orissa Act 5 of 1939 , s. 31]
Amendment of Article 21 of Schedul e II of Act VII of 1870 .--In the third column in Article 21
Schedule II of the principal Act, for the words twenty rupees the words thirty rupees shall be
substituted.
When the amount or value of the
subject -matter exceeds But does not exceed Proper f ee.
1 2 3
Rs.
5,200
5,300
5,400
5,500
5,600
5,700
5,800
5,900
6,000
6,100
6,200
6,300
6,400
6,500 Rs.
5,300
5,400
5,500
5,600
5,700
5,800
5,900
6,000
6,100
6,200
6,300
6,400
6,500
6,600 Rs. a. p.
426 4 0
433 12 0
441 4 0
418 12 0
456 4 0
463 12 0
471 4 0
478 12 0
486 4 0
493 12 0
501 4 0
508 12 0
516 4 0
523 12 0
80
6,600
6,700
6,800
6,900
7,000
6,700
6,800
6,900
7,000
7,100
513 4 0
638 12 0
646 4 0
658 12 0
661 4 0
[Vide Orissa Act 5 of 1939, s. 32]
Amendment of Schedule -II.In Article 1 of Schedule -II to the Court -fees Act, 1870 (7 of 1870) in
its application to the State of Odisha, for clause (b) including the entries under the second and third
columns thereof, the following shall be substituted under appropriate column, namely:
(b) (i) When containing a complaint or charge
of any offence other than the complaint for the
offence under section 138 of the Negotiable
Instrument Act, 1881 (26 of 1881 ) and an
offence for which Police Officers may under the
Code of Criminal Procedure, 1973 (2 of 1974 )
arrest without warrant , and presented to any
Criminal Court;
Or when presented to a Civil, Criminal or
Revenue Court or to a Collector, or any
Revenue Officer having jurisdiction equal or
sub-ordinate to a Collector;
Or to any Magistrate in his executive capacity
and not otherwise provided for by this Act;
Or to deposit in Revenue Court or rent; or for
determination by a Court of the amount of
compensation to be paid by a landlord to his
tenant.
(ii) Complaint for the offence under section 138
of the Negotiable Instrument Act, 1881 (26 of
1881 )
When the amount involved In the cheque or
instrument does not exceed ten thousand ru pees.
When the amount involved in the cheque or
instrument exceeds ten thousand rupees but does
not exceed one lakh rupees.
When the amount involved in the cheque or
instrument exceeds one lakh rupees.
In the case of a criminal complaint and appe al, four
rupees and in other cases two rupees.
One hundred rupees
Five hundred rupees.
One thousand rupees.
[Vide Orissa Act 4 of 2013 , s. 2]
81
Amendment of Schedule II . In Schedule II to the principal Act, under the heading proper fee for
the entries as mentioned in column (2) of the following Table against the corresponding articles in
column (1) ther eof, the entries as mentioned against them in column (3) of the said Table shall
respectively be substituted:
Corresponding Article
(1) Entries Occurring under the heading proper
fee
(2) Entries to be substituted
(3)
1.(a)
(b)
(c)
(d) (i) (a)
(b)
(ii)
1-A
2.
3.(a)
(b)
4.
5.
6.
7.
10.(a)
(b)
(c)
11.(a)
(b)
12.
13.
14.
17.
17.A (a)
(b)
18.
19.
20.
21.
Forty -five paise
In case of criminal complaint and appeal,
two rupees and twenty -five paise and in
other cases one rupee and twenty -paise.
Two rupees and fifty paise
Five rupees and fifty paise
Eleven rupees
Two rupees and twenty paise
one rupee a nd sixty -five paise in addition to
any fee levied on the application under
clause (a), clause (b) or clause (d) of article -
1 of this Schedule.
Fifty -five paise
One rupee and ten paise
Two rupees and twenty paise
Fifty naye paise
Fifty naye paise
Fifty n aye paise
Fifty naye paise
Two rupees and twenty -five paise
Three rupees and seventy -five paise
Four rupees
One rupee
Four rupees
Ten rupees
Five rupees and fifty paise
Eleven rupees
Fifteen rupees
Ten rupees
Fifteen rupees if the value for purposes of
jurisdicaiton does not exceed four thousand
rupees. One hundred rupees if such value
exceeds four thousand rupees.
Sixteen rupees and fifty paise
Fifteen rupees
Thirty -three rupees
Thirty rupees
One rupee
In case of criminal complaint and appeal,
four rup ees and in other cases two rupees.
Five rupees
Eleven rupees
Twenty rupees
Four rupees
Three rupees in addition to any fee levied on
the application under clause (a), clause (b) or
clause (d) of article -1 of this Schedule.
One rupees
Two rupees
Four rupees
One rupee
One rupee
One rupee
One rupee
Four rupees
Seven rupees
Eight rupees
Two rupees
Eight rupees
Twenty rupees
Ten rupees
Twenty -one rupees
Thirty rupees
Twenty rupees
Thirty rupees if the value for purposes of
jurisdiction does not exceed f our thousand
rupees. Two hundred rupees if such value
exceeds four thousand rupees.
Thirty -two rupees
Thirty rupees
Sixty -two rupees
Sixty rupees
[Vide Orissa Act 34 of 1992, s. 3]
82
Uttar Pradesh
Amendment of Schedule II of Act (7 of 1870). In Sche dule II to the Cou rt-Fees Act, as
amendment in its application to Uttar Pradesh, in Article 1 (Application or Petition), in clause (f),
(a) in sub -clause (i), for the words Five rupees the words One hundred rupees shall be
substituted; and
(b) in sub -clause (i), for the words Ten rupees the words Two hundred rupees shall be
substituted.
[Vide Uttar Pradesh Act 14 of 1989, s. 2]
Haryana
Substitution of Schedules I and II to Act 7 of 1870. For Schedules I and II to the principal Act,
the following S chedules substitution shall be substituted, namely :
SCHEDULE I
Ad valorem fees
Serial No. Nature of Document Amount of value Proper fee
1 2 3 4
Plaint, written statement,
pleading or set off or
counter claim or
memorandum of appeal
(not otherwise pro vided
for in this Act) or of cross
objections presented to
any civil or revenue court
except those mentioned in
section 3. When the amount or value
of the subject matter in
dispute does not exceed
one hundred rupees, for
every ten rupees or part
thereof,
When such amount or
value exceeds one hundred
rupees, but does not exceed
five hundred rupees, for
every twenty rupees, or
part thereof in excess of
one hundred rupees, up to
five hundred rupees.
when such amount or value
exceeds three thousand
rupees, for every one
hundred rupees, or part
thereof, in excess of three
thousand rupees, up to ten
thousand when such
amount or value exceeds
three thousand rupees, for
every one hundred rupees,
or part thereof, in excess of
three thousand rupees, up
to ten thousand
When such amount or
value exceeds ten
thousand rupees, for
every five hundred
One rupee.
Three r upees.
Twenty rupees .
Seventy -five rupees.
83
rupees, or part thereof, in
excess of ten thousand
rupees, up to twenty
thousand rupees When
such amount or value
exceeds twenty thousand
rupees, for every one
thousan d rupees, or part
thereof, in excess of twenty
thousand rupees, up to fifty
thousand rupees When
such amount or value
exceeds fifty thousand
rupees, for every five
thousand rupees, or part
thereof, in excess of fifty
thousand rupees
One hundred rupees.
Two hundred rupees.
2. Plaint in a suit for
possession under the
Specific Relief Act, 1963,
section 6 ---- A fee of one -half the amount
prescribed in the f oregoing
scale.
3. Application for review of
judgement, if presented
on or after the ninetieth
day from the date of the
decree The fee leviable on the plaint
or memorandum of appeal.
4. Application for review of
judgement, if presented
before the nin etieth day
from the date
of the decree One-half of the fee leviable
on the plaint or
memorandum of appeal.
5. Copy of translation of
judgement or order not
being, or having the force
of, a decree When such judgement or
order is passed by any civil
court other than the High
Court, or by the presiding
officer of any revenue
court or office, or by any
other judicial or executive
authority When such
judgement or order is
passed by the High Court Two rupees.
Five rupees. |
Court Two rupees.
Five rupees.
6. Copy of a decree or order
having the force of
a decree When such decree or order
is made by any civil court
other than the High Court
or by any revenue court
When such decree or order
is made by the High Court Five rupees.
Ten rupees.
84
7. Copy of any document liable to stamp
duty under the Indian Stamp Act,
1899, when left by any party to a suit
or proceeding in place of the original
withdrawn, provided such copy is not
subject to any duty under the Indian
Stamp Act, 1899 (a) When the stamp duty
chargeable , on the original
does not exceed seventy
five paise
(b) in any other case The amount of the duty
chargeable on the original,
Two rupees.
8. Copy of any revenue or judicial
proceeding or order not otherwise
provided for by this Act, or copy of
any account, statement, re port or the
like, taken out of any civil or criminal
or revenue court or office, or from the
office of any chief officer charged
with the executive administration of a
Division For every three hundred
and sixty words or One
rupee fraction of three
hundred and sixty words One rupee.
9. probate of a will or letters of
administration with or without will
annexed When the amount or value
of the property in respect
of which the grant of
probate or letters is made
exceeds one th ousand
rupees, but does not
excee ds ten thousand
rupees.
When such amount or
value exceeds ten thousand
rupees, but does not exceed
fifty thousand rupees
When such amount or
value exceeds fifty
thousand rupees
three per centum on such
amount or value.
Five per centum on such
amoun t or value.
Six per centum on such
amount or value.
10. Certificate u nder part X of the Indian
Succession Act, 1925. In any ca se Three per centum on the
amount or value of any debt
or security specified in the
certificate under section 374
of that Act, and five per
centum on t he amount or
value of any debt or security
to which the certificate is
extended under section 376
of that Act.
Notes .(1) The amount of a
debt is i ts amount, including
interest, on the day on which
the inclusion of the debt in
the certificate is applied for,
so far as such amount can be
ascertained.
85
(2) Whether or not any
power with respect to a
security specified in a
certificate has been conferred
under that Act, and where
such a power has been so
conferred, whether the power
is for the receiving of interest
or dividends on, or for the
negotiation or transfer of, the
security, or for both
purposes, the value of the
security is its market value
on the duty on which the
inclusion of the security in
the certified applied fo r, so
fur as such value can be
ascerta ined.
11. Application to the High Court for the
exercise of its jurisdiction under
section 44 of the Punjab Courts Act,
1918, or to the court of the Financial
Commissioner for the exercise of its
revisional jurisdicti on under section
84 of the Punjab Tenancy Act, 1887 . Fifteen rupees.
Table of rates of ad-valorem fees leviable on the institution of suits
Value of the subject matter
exceeds But does not exceed Proper fee
1 2 3
Rs Rs Rs
10 10 .
20 20 2
30 30 3
40 40 4
50 50 5
60 60 6
70 70 7
80 80 8
90 90 9
100 100 10
120 120 13
140 140 16
160 160 19
86
180 180 22
200 200 25
220 220 28
240 240 31
260 260 34
280 280 37
300 300 40
320 320 43
340 340 46
360 360 49
380 380 52
400 400 55
420 420 58
440 440 61
460 460 64
480 480 67
500 500 78
550 550 86
600 600 94
650 650 102
700 700 110
750 750 118
800 800 126
850 850 134
900 900 142
950 950 150
1,000 1,000 158
1050 1,050 166
1150 1,100 174
1200 1,200 182
1250 1,250 190
1300 1300 198
1350 1350 206
1400 1400 214
1450 1450 222
1500 1500 238
87
1550 1550 246
1600 1600 254
1650 1650 262
1700 1700 270
1750 1750 278
1800 1800 286
1850 1850 294
1900 1900 302
1950 1950 310
2000 2000 318
2050 2050 326
2100 2100 334
2150 2150 342
2200 2200 350
2250 2250 358
2300 2300 366
2350 2350 374
2400 2400 382
2450 2450 390
2500 2500 398
2550 2550 406
2600 2600 414
2650 2650 432
2700 2700 430
2750 2750 446
2800 2800 454
2850 2850 462
2900 2900 470
2950 2950 490
3000 3000 510
3100 3100 530
3200 3200 550
3300 3300 570
3400 3400 590
3500 3500 610
3600 3600 630
88
3700 3700 650
3800 3800 670
3900 3900 690
4000 4000 710
4100 4100 730
4200 4200 750
4300 4300 770
4400 4400 790
4500 4500 810
4600 4600 830
4700 4700 850
4800 4800 870
4900 4900 890
5000 5000 910
5100 5100 930
5200 5200 950
5300 5300 950
5400 5400 970
5500 5500 990
5600 5600 1010
5700 5700 1030
5800 5800 1050
5900 5900 1070
6000 6000 1090
6100 6100 1110
6200 6200 1130
6300 6300 1150
6400 6400 1170
6500 6500 1190
6600 6600 1210
6700 6700 1210
6800 6800 1250
6900 7000 1290
7000 7000 1310
7100 7100 1350
7200 7200 1370
89
7300 7300 1390
7400 7400 1410
7500 7500 1430
7600 7600 1450
7700 7700 1470
7800 7800 1490
7900 7900 1510
8000 8000 1530
8100 8100 1550
8200 8200 1570
8300 8300 1590
8400 8400 1610
8500 8500 1630
8600 8600 1650
8700 8700 1670
8800 8800 1690
8900 8900 1710
9000 9000 1730
9100 9100 1750
9200 9200 1770
9300 9300 1790
9400 9400 1810
9500 9500 1830
9600 9600 1850
9700 9700 1870
9800 9800 1945
9900 9900 2020
10000 10000 2095
10500 10500 2170
11000 11000 2245
11500 11500 2320
12000 12000 2395
12500 12500 2470
13000 13000 2545
13500 13500 2620
14000 14000 2695
90
14500 14500 2770
15000 15000 2845
15500 15500 2920
16000 16000 2995
16500 16500 3070
17000 17000 3145
17500 17500 3220
18000 18000 3295
18500 18500 3370
19000 19000 3470
19500 19500 3570
20000 20000 3670
21000 21000 3770
22000 22000 3870
23000 23000 3970
24000 24000 4070
2500 0 25000 4170
26000 26000 4270
27000 27000 4370
28000 28000 4470
29000 29000 4570
30000 30000 4670
31000 31000 4770
32000 32000 4870
33000 33000 4970
34000 34000 5070
35000 35000 5170
36000 36000 5270
3 |
35000 5170
36000 36000 5270
37000 37000 5370
38000 38000 5470
39000 39000 5570
40000 40000 5670
41000 41000 5770
42000 42000 5870
43000 43000 5970
44000 44000 6070
91
43000 43000 6170
44000 44000 6270
45000 45000 6370
46000 46000 6570
47000 47000 6770
48000 48000 6970
49000 49000 7170
50000 50000 7370
55000 55000 7570
60000 60000 7770
65000 65000 7970
70000 70000 8170
75000 75000 8370
80000 80000 8570
85000 85000 8770
90000 90000 8970
95000 95000 9170
100000 100000 9370
105000 105000 9370
110000 110000 9570
115000 115000 9770
120000 120000 9970
125000 125000 10170
130000 130000 10370
135000 135000 10570
140000 140000 10770
145000 145000 10970
150000 150000 11370
155000 155000 11570
160000 160000 11770
165000 165000 11970
170000 170000 12170
175000 175000 12370
180000 180000 12570
185000 185000 12770
190000 190000 12970
92
195000 195000 13170
200000 200000 13370
205000 205000 13570
210000 210000 13770
215000 215000 13970
220000 220000 14170
225000 225000 14370
230000 230000 14570
235000 235000 14770
240000 240000 14970
245000 245000 15170
250000 250000 15370
255000 255000 15770
260000 260000 15970
265000 265000 16170
270000 270000 16370
275000 275000
280000 280000
285000 285000
290000 290000
295000 295000
300000 300000
And when the amoun t or value of the subject -matter exceeds three la cs rupees the proper fee leviable
shall he sixteen thousand, three hundred and seventy rupees Plus two hundred rupees for each five
thousand rupees or part thereof, in excess of three lacs rupees.
93
SCHEDULE II
FIXED FEES
Serial
No. Nature of the document Amount of value Proper fee
1 2 3 4
Application or petition (a) When presented to any officer of the Customs
or Excise Department or to any Magistrate, by any
person having dealings with the Government and when
the subject matter of such application relates exclusively
to those dealings or when presented to any revenue
officer by any person holding temporarily -settled land
under direct engagement with Government, and when
the subject -matter of the application or petition relates
exclusively to such engagement; or when presented to
any municipal commissioner under any Act for the time
being in force for the conservancy or improvement of
any place, if the application or petition relates solely to
such conservancy or improvement; or whe n presented to
any civil court other than a principal civil court of
original jurisdiction , or to any court of small causes
constituted under Act No. 11 of 1865 or under Act No.
16 of 1868; section 20, or to a Collector or other
revenue officer in relation to any suit or case in which
the amount or value of the subject -matter is less than
fifty rupees; or when presented to any civil, criminal or
revenue court, or to any Board or executive officer for
the purpose of obtaining a copy or translation of any
judgment, decree or order passed by such court, Board
or officer, or of any other document on record in such
court or office
(b) when containing a complaint or charge of any
offence other than an offence for which police officers
may, under the Code of Crimin al Procedure, 1898,
arrest without warrant, and presented to any criminal
court;
or when presented to a civil criminal or revenue,
court, or to a Collector or any revenue officer having
jurisdiction equal or subordinate to a Collector, or to
any Magistrat e in his executive capacity, and not
otherwise provided for by this Act;
or to deposit in court, revenue or rent ; or for
determination by court of the amount of compensation
to be paid by landlord to his tena nt
(c) when presented to a Chief Commissioner o r other
Chief Controller, Revenue or Executive Authority, or to
a Commissioner of Revenue or Circuit, or to any Chief
Officer charged with the executive administration of a
Division and not o therwise provided for by this Act
(d) when presented to the High Court
(i) for winding up a company or under section
One Rupees
Two Rupees
Three rupees
Three
94
397 or 398 of the Companies Act,
(ii) under the same Act for taking some other
judicial action;
(iii) under article 226 of the Constitution of India
other than petitions for habeas corpus and petition
arising out of criminal proceedings ;
(iv) petition under article 227 of the Constitution
of India ;
(v) in all other cases hundred and
fifty rupees.
Twenty -five
rupees.
One hundred
rupees
Fifteen
rupees
Five rupees
2.
Application to any civil
court that records
may be called for from
another court When the court grants the application and is of opinion
that the transmission of such records involves the use of
the post Two rupees
3. Application for leave to
sue as a pauper .. Two rupees
4. Application for leave to
appeal as a pauper (a) When presented to a District Court
(b) When Presented to a Commissioner or the High
Court Two rupees
Five rupees
5. Bail-bond or other
instrument of obligation
given in pursuance of an
order made by a court or
Magistrate under any
section of the Code of
Criminal Procedure,
1898, or the Code of
Civil Procedure, 1908,
and not otherwise
Provided for by this Act .. One rupee
6. Undertaking under
section 49 of the Divorce
Act, 1869 Two rupees
7. Mukhtarnanca or
Wakalatnama When presented for the conduct of any one case
(a) to any civil or criminal court other than the High
Court, or to any revenue court, or to any Collector or
Magistrate, or oth er Executive Officer, except such as
are mentioned in clauses (b) and ( c) of this number
(b) to a Revenue Commissioner or to any officer
charged with executive administration of a Division, not
being the Chief Revenue or Executive Authority
(c) to the High Court, Chief Commissioner, Boar d of
reven ue, or other Chief controlling Revenue or
Executive Authority Two rupees
Two rupees
Three rupees
8. Memorandum of appear
when the appeal is not
from a decree or an order
having the (a) to any civil court other than the High Court, or to
any revenue court or Executive Officer other than the
High Court or Chief Controlling Revenue or Executive
Authority Ten rupees
95
force of a decree and is
presented (b) to the High Court or Chief Commissioner Fifteen
rupees or other Chief Con trolling Revenue or Executive
Authority fifteen rupees
9. Caveat -- Ten rupees
10. Petition in a suit under
the Converts Marriage
Dis solution Act, 1866,
the Divorce Act,
1869, or the Foreign
Marriage Act, 1969 -- Twenty -five
rupees
11. (i) Every petition or
application or
memorandum of appeal
under the Special Marriage
Act, 1954, or the Hindu
Marriage Act, 1955, or the
Dissolution of Muslim
Marriages Act, 1939
(ii) Application under
section 24 of the Hindu
Marriage Act, 1955 -- Twenty -five
rupees
Five rupees
12. Plaint or memorandum
of appeal in each of
the following suits:
(i) to alter or set as ide a
summary decision or
order of any of the civil
courts not established by
Letters Patent or of any
revenue court;
(ii) to alter or can cel any
entry in a register of the
names of the proprietors
of revenue paying
estates;
(iii) to obtain a
declaratory decree where
no consequential relief is
prayed;
(iv) to set aside an award
;
(v) to set aside an
adoption;
(vi) every other suit
where it is not possible
to estimate at a money -
value the subject matter
in dispute, and which is
not otherwise provided
for by this Act
--
--
---
--
--
--
--
Twenty -five
rupees
96
13. Application under
section 20 of the
Arbitration Act, 1940 -- Twent y-five
rupees
14. Agreement in writing
stating a question for the
opinion of the court
under the Code of Civil
Procedure, 1908 -- Twenty -five
rupees
15. Plaint or memorandum
of appea l in a suit by
a reversioner under the
Punjab Customary
Law for declarat ion in
respect of an alienation
of ancestral land -- One hundred
rupees
16. Application or
memorandum of appeal
for relief under the
Haryana Urban (Control
of Rent and Eviction)
Act, 1973 Fifteen
rupees
(i) other than for fixation
of fair rent (a) Up to an annual rent not exceeding six hundred
rupees; Fifteen
rupees
(ii) for fixation of fair
rent (b) annual rent exceeding six hundred rupees Fifteen
rupees
17. Claims for money
(whether secured or
unsecured) or a claim to
set off made against such
claims or counter claims
under the Banking
Companies Act, 1949 (a) Where the amount does not exceed Rs 2,500 ;
(b) where the amount exceeds Rs 2,500 but does not
exceed Rs 10,000;
(c) where the amount exceeds Rs 10,000 ; Twenty -five
rupees
Fifty -rupees
One hundred
rupees
18. Memorandum of appeal |
rupees
Fifty -rupees
One hundred
rupees
18. Memorandum of appeal
from an order or decision
passed under the
Provisions of section
45-B of the Banking
Companies Act, 1949 (a) Where the amount exceeds Rs 5,000 put does not
exceed Rs 10,000;
(b) where the amount exceeds Rs 10,000 One hundred
rupees
Two hundred
rupees.
[Vide Haryana Act 11 of 1974, s. 3]
Haryana
Amendment of Schedule I to Act 7 of 1870 . In Schedule I to the principal Act,
(a) against serial number 5, under columns 3 and 4, for the existing entries, the following entry
shall be substituted, namely :--
"when such judgement or order is passed by Two rupees.";
any civil court or by the presiding officer of any revenue court or office,
or by any other judicial or ex ecutive authority
(b) against serial number 6, under columns 3 and 4, for the existing entries, the following entry
shall be substituted, namely :
"when such decree or order is made by any Five rupees.";
97
civil court or by any revenue court
(c) against se rial number 11, under column 2, the words and figures "to the High Court for the
exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918, or" shall be omitted.
[Vide Haryana Act 22 of 1974, s. 4]
Bihar
Amendment of Article 1 of Schedul e II to Act VII of 1870. - For the 'proper fee' set forth in Schedule II
to the said Act for Article 1 and shown in the second column of Schedule C to this Act, the 'proper fee,
shown in the third column of the said Schedule C shall be substituted.
Schedul e A
[See Section 2]
Article Proper fee set forth in Schedule I to the
Court -fees Act, 1870 Proper fees to be substituted
1 2 3
Six annas 40 N.P.
1 Six annas 40 N.P.
6 Six annas 40 N.P.
Schedule B
[See Section 3]
Table of rates of ad valorem fees levi able on the institution of suits: -
Proper fees set forth in the table Proper fees to be substituted
1 2
Rs. a. p. Rs. N.P.
0 6 0 0 40
1 2 0 0 15
1 14 0 1 90
2 10 0 2 50
3 6 0 3 40
4 2 0 4 15
4 14 0 4 90
5 10 0 5 65
6 0 0 6 40
98
7 2 0 7 15
Sched ule C
[See Section 4]
Article Proper fees set forth in Schedule II to the
Court -fees Act, 1870 Proper fees to be
substituted
1 2 3
1 Two annas 15 N.P
[Vide Bihar Act 7 of 1958, s. 4]
Haryana
Amendment of Schedule I to Central Act 7 of 1870 .In Schedule I to the principal act, --
(i) after serial number 5 and entries thereagainst, the following serial number and entries thereagainst
shall be inserted, namely: --
1 2 3 4
5-A Copy of order of the
Rent Controller .. Five rupees,
(ii) against serial numbe r 8, under columns 3 and 4, for the existing entries, the
following entries shall be substituted, namely: --
3 4
For every age Two rupees..
[Vide Haryana Act 3 of 1990, s. 3]
Haryana
Amendment of Schedule II to Central Act 1 of 1870. In Schedul e II to the principal Act,
(i) against serial number I, under columns 3 and 4,
(a) against entry (b), for the words "Two rupees", the words "Ten rupees" shall be substituted ;
(b) against entry (c), fo r the words "Three rupees", the wor ds "Fifteen rupe es" shall b e
substituted ;
(ii) against serial number 3, under column 4, for the words "Two rupees", the words "Five rupees"
shall be substituted ;
(iii) against serial number 4, under column 4, for the words "Two rupees", the words "Ten
rupees" shall be s ubstituted ;
(iv) against serial number 5, under column 4, for the words "One rupee", the words "Five rupees"
shall be substituted ;
(v) against serial number 6, under column 4, for the words "Two rupees", the words "Ten rupees"
shall be substituted ;
(vi) against serial number 8, under columns 3 and 4,
(a) against entry (a), for the words "Ten rupees", the words Fifteen rupees" shall be
substituted ;
(b) against entry (b), for the words Fifteen rupees", the words "Twenty rupees" shall be
substituted.
[Vide Haryana Act 3 of 1990, s. 4]
99
Haryana
Amendment of Schedule II to Act 7 of 1870 .In Schedule II to the principal Act,
(a) against serial number 1, entry (d) shall be omitted ;
(b) against serial number 4, in entry (b), the words "or the High Court" shall be omitted ;
(c) against serial number 7,
(i) in item (a), the words "other than the High Court" shall be omitted ;
(ii) in item (c), for the words "High Court, Chief Commissioner", the words "Chief
Commissioner" shall be substituted ;
(d) against se rial number 8,
(i) in entry (a), the words "other than the High Court" occurring twice, shall be omitted ;
(ii) in entry (b), the words "High Court or" shall in omitted ; and
(E) against serial number 15, for the words "one hundred rupees", the words "Th irty rupees" shall
be substituted.
[Vide Haryana Act 22 of 1974, s. 5]
Uttar Pradesh
Amendment of Schedule IX of Act no. VII of 1870. In Schedule II to the Court Fees Act, 1870, as
amended in its application to Uttar Pradesh, in Article I (Application or petition)
(i) in clause (c), in the second column, for sub -clause (2) and the entry relating to it in the third column,
the following sub -clause and entry shall be substituted, namely: -
Col. 2 Col. 3
(2) Under article 226 or article 227 of
the Consti tution, or by way of special
appeal against a judgement or order
including a judgment or order passed on
a petition filed before the
commencement of the Court Fees (Uttar
Pradesh Amendment( act, 1970 passed
by a single Judge of the High Court
thereon. One hundred rupees.
(ii) at the end, the following proviso thereto shall be inserted, namely: --
Provided that
(i) no court fee shall be payable under clause (c) on an application or petition under section 4591
of the Code of Criminal Procedure, 1898, or un der article 226 of the Constitution for writs in the
nature of habeas corpus or in relation to any proceeding relating thereto;
(ii) the court fee payable on an application or petition for adjournment of hearing of any case
shall be double the court fee pa yable on an ordinary application or petition under clause (b), clause
(c), clause (d) or sub -clause (5) of clause (c), as the case may be,
[Vide Uttar Pradesh Act 34 of 1970, s. 2]
100
101
|
Government of India
Ministry of Minority Affairs
May, 2016Model W aqf R ules, 2016
prepared under
Section 109 of the
Waqf A ct, 1995 as amended,
for consideration/adoption by the
State/UT Governments
NAJMA HEPTULLA
Minister of Minority Affairs
Government of India
Section 109 of the Waqf Act, 1995, as amended, has empower ed the State
Gover nments to make rules to car ry out the purposes of this Act, other than those of
Chapter III, and to notify these in the Official Gazette. It was obser ved by my Ministr y
that many State Gover nments have not notified the rules prescribed under the Act
including rules relating to new amendments, which were incorporated into the Act
during 2013. It is pertinent to mention here that the Sachar Committee, which was
constituted for the study of social, economic and educational status of the Muslim
community of India, had expressed concer n over non framing of the Waqf Rules by
large number of States. It was, therefore, decided to frame Model Waqf Rules for
consideration of States / Uts.
I am happy to announce that this Ministr y has prepared Model Waqf Rules
under Section 109 of the Waqf Act 1995 (as amended). These rules have been framed
by this Ministr y not with a view to encroach upon the powers of the State / UT
Gover nments, but to facilitate and guide them for early adoption and notification after
suitable modifications of these rules. These rules, if adopted, will bring about near
unifor mity in the proper administration of auqaf in all the States / UTs. I would,
however , like to reiterate here that these rules are not binding for adoption as a whole
and the State/UT Gover nments are at liberty to adopt these in toto or with
amendments as they deem fit.
Office: 11th Floor , B-1 Wing, Paryawaran Bhawan, CGO Complex, Lodhi Road, New Delhi - 1 10003 Tele: 01 1-24364273-75 Fax: 01 1-24364276
Residence: 16, Teen Murti Lane, New Delhi - 110001
Website:www.minorityaffairs.gov.in ministerminority@gov in(Najma Heptulla)Message
NAJMA HEPTULLA
Minister of Minority Affairs
Government of India
Section 109 of the Waqf Act, 1995, as amended, has empower ed the State
Gover nments to make rules to car ry out the purposes of this Act, other than those of
Chapter III, and to notify these in the Official Gazette. It was obser ved by my Ministr y
that many State Gover nments have not notified the rules prescribed under the Act
including rules relating to new amendments, which were incorporated into the Act
during 2013. It is pertinent to mention here that the Sachar Committee, which was
constituted for the study of social, economic and educational status of the Muslim
community of India, had expressed concer n over non framing of the Waqf Rules by
large number of States. It was, therefore, decided to frame Model Waqf Rules for
consideration of States / Uts.
I am happy to announce that this Ministr y has prepared Model Waqf Rules
under Section 109 of the Waqf Act 1995 (as amended). These rules have been framed
by this Ministr y not with a view to encroach upon the powers of the State / UT
Gover nments, but to facilitate and guide them for early adoption and notification after
suitable modifications of these rules. These rules, if adopted, will bring about near
unifor mity in the proper administration of auqaf in all the States / UTs. I would,
however , like to reiterate here that these rules are not binding for adoption as a whole
and the State/UT Gover nments are at liberty to adopt these in toto or with
amendments as they deem fit.
Office: 11th Floor , B-1 Wing, Paryawaran Bhawan, CGO Complex, Lodhi Road, New Delhi - 1 10003 Tele: 01 1-24364273-75 Fax: 01 1-24364276
Residence: 16, T een Murti Lane, New Delhi - 110001 T el.: 01 1-23016391, 23016436
Website:www .minorityaf fairs.gov .in ministerminority@gov in(Najma Heptulla)Message
Model Waqf Rules, 2016
[ To be published in the .State] [Name of the Issuing Department]
NOTIFICA TION
In exercise of the powers conferr ed by section 109 of the Waqf Act, 1995 (43 of 1995), the
State Government of .her eby makes the following rules, namely:-
1. Short title and commencement .
(1) These rules may be called the ..(Name of State/UT).. Waqf Rules, 2016.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Definitions.
(1) In these rules, unless the context otherwise requires,
(a) Act means The Waqf Act, 1995 (Central Act 43 of 1995) ;
(b) authorised representative means a person duly authorised to act for and on
behalf of a person as his attorney by duly executed power of attorney or in the case
of a legal practitioner by execution of a Vakalatnama;
(c) ballot box includes any box, bag or other container used for the insertion of
ballot papers by voters;
(d) Chairperson means the Chairperson of the..(Name of State/UT).. Waqf Board,
elected under sub-section (8) of section 14 of the Act;
(e) count means all the operations involved in the counting of the votes recorded for
candidates;
(f) elector in relation to election to any category of member of the Board means any
person whose name is specified in the electoral roll of that category unless
disqualified by the Returning Officer;
(g) electoral roll means the list of electors obtained under rule 9;
(h) encroachment in relation to any waqf premises means occupation by any person
of the waqf premises without authority for such occupation, and includes the
continuance in occupation by any person of the waqf premises after the lease or
transfer authorising such occupation has expired or has been terminated for any
reason whatsoever;
(i) Form means a form appended to these rules; Dated the .,2016
1
Model Waqf Rules, 2016
[ To be published in the .State] [Name of the Issuing Department]
NOTIFICA TION
In exercise of the powers conferr ed by section 109 of the Waqf Act, 1995 (43 of 1995), the
State Government of .her eby makes the following rules, namely:-
1. Short title and commencement .
(1) These rules may be called the ..(Name of State/UT).. Waqf Rules, 2016.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Definitions.
(1) In these rules, unless the context otherwise requires,
(a) Act means The Waqf Act, 1995 (Central Act 43 of 1995) ;
(b) authorised representative means a person duly authorised to act for and on
behalf of a person as his attorney by duly executed power of attorney or in the case
of a legal practitioner by execution of a Vakalatnama;
(c) ballot box includes any box, bag or other container used for the insertion of
ballot papers by voters;
(d) Chairperson means the Chairperson of the..(Name of State/UT).. Waqf Board,
elected under sub-section (8) of section 14 of the Act;
(e) count means all the operations involved in the counting of the votes recorded for
candidates;
(f) elector in relation to election to any category of member of the Board means any
person whose name is specified in the electoral roll of that category unless
disqualified by the Returning Officer;
(g) electoral roll means the list of electors obtained under rule 9;
(h) encroachment in relation to any waqf premises means occupation by any person
of the waqf premises without authority for such occupation, and includes the
continuance in occupation by any person of the waqf premises after the lease or
transfer authorising such occupation has expired or has been terminated for any
reason whatsoever;
(i) Form means a form appended to these rules; Dated the .,2016
1
(j) Government means Chief Secretary /Lieutenant Governor/Administrator ,as
the case may be, of the State/Union Territory;
(k) legal practitioner shall have the same meaning as is assigned to it in the
Advocates Act, 1961 (25 of 1961);
(l) managing committee means the Committees of Board established under section
18 of the Act;
(m) premises means any land or any building or part of building and includes.-
(i) the garden, water bodies, grounds, if any, appertaining to such building or
part of the building;
(ii) any fittings affixed to such building or part of the building for the more
beneficial enjoyment thereof; and
(iii) dargah, grave, graveyard, khanqah, peerkhana, karbala, maqbara, mosque,
tomb and the courtyard appertaining thereto;
(n) Registrar means the Registrar of the Tribunal a nd include s Assistant Registrar
or any other person to whom the Registrar may, with the approval of the Tribunal,
delegate any function to be exercised by the Registrar;
(o) Returning Officer means an officer authorised or appointed by Election
Authority to do any act or to perform any function in connection with the conduct
of election under these rules;
(p) section means the section of the Act;
(q) Tribunal means the Tribunal constituted under sub--section (1) of section 83of
the Act;
(r) waqf premises means-
(i) any premises dedicated by a person of movable or immovable property
orally or by an instrument in writing and used for any purpose recognised by
Muslim law as pious, religious or charitable;
(ii) premises notified as waqf property in the Official Gazette; or
(iii) premises registered as waqf in the Register of auqaf maintained by the
Board; or
(iv) property treated as waqf by user;
(s) waqf property means any movable or immovable property referred to in clause
(r) of section 3 of the Act and includes premises thereof.
2
(2) All words and expressions used and not defined in these rules but defined in the Act shall
have the same meanings respectively assigned to them in the Act.
3. Qualifications of mutawalli.
(1) The mutawalli shall be a citizen of India.
(2) Qualifications of a mutawalli of a waqf shall be such as may be specified by a waqif in
the waqf deed.
(3) Where no qualifications are specified by the waqif, a mutawalli shall have-
(a) knowledge of English, Urdu, Hindi or the regional language of the place where
the waqf property is situated;
(b) knowledge of waqf law;
(c) working knowledge of Sharia; and
(d) perfect physical and mental health :
Provided that where no qualifications are specified by a waqif under sub-rule (2) or no
person having the qualification specified under this sub-rule is available, the Board may
appoint any hereditary mutawalli or a qualified graduate from any recognised college or
university as the mutawalli for the concerned waqf.
4. Other particulars which the report of Survey Commissioner may contain. The report to
be submitted by the Survey Commissioner to the Government under sub-section (3) of section
4 of the Act shall be as specified in Form 1.
5. Other powers of Inquiry of Survey Commissioner The Survey Commissioner shall, in
addition to the powers specified under sub-section (4) of section 4 of the Act , have the powers
in respect of the following matters, namely:
(a) grant of temporary injunctions and interlocutory orders; and
(b) appointment of receivers :
Provided that no inquiry shall be instituted against the Board until the expiry of a period of
two months from the date of a notice in writing delivered in the office of the Board stating the
cause of action, description and place of the petitioner or the applicant and the relief claimed.
6. Other particulars which a list of auqaf published may contain . The list of auqaf
published under sub-section (2) of section 5 of the Act shall be as specified in Form 2.
7. Entry of auqaf in revenue record.
(1) The Government, after receipt of the list of auqaf from the Board under sub-section (2)
of section 5 of the Act, shall publish in the Official Gazette and send it within a period
of one month to the revenue authorities.
3
(j) Government means Chief Secretary /Lieutenant Governor/Administrator ,as
the case may be, of the State/Union Territory;
(k) legal practitioner shall have the same meaning as is assigned to it in the
Advocates Act, 1961 (25 of 1961);
(l) managing committee means the Committees of Board established under section
18 of the Act;
(m) premises means any land or any building or part of building and includes.-
(i) the garden, water bodies, grounds, if any, appertaining to such building or
part of the building;
(ii) any fittings affixed to such building or part of the building for the more
beneficial enjoyment thereof; and
(iii) dargah, grave, graveyard, khanqah, peerkhana, karbala, maqbara, mosque,
tomb and the courtyard appertaining thereto;
(n) Registrar means the Registrar of the Tribunal a nd include s Assistant Registrar
or any other person to whom the Registrar may, with the approval of the Tribunal,
delegate any function to be exercised by the Registrar;
(o) Returning Officer means an officer authorised or appointed by Election
Authority to do any act or to perform any function in connection with the conduct
of election under these rules;
(p) section means the section of the Act;
(q) Tribunal means the Tribunal constituted under sub--section (1) of section 83of
the Act;
(r) waqf premises means-
(i) any premises dedicated by a person of movable or immovable property
orally or by an instrument in writing and used for any purpose recognised by
Muslim law as pious, religious or char |
able property
orally or by an instrument in writing and used for any purpose recognised by
Muslim law as pious, religious or charitable;
(ii) premises notified as waqf property in the Official Gazette; or
(iii) premises registered as waqf in the Register of auqaf maintained by the
Board; or
(iv) property treated as waqf by user;
(s) waqf property means any movable or immovable property referred to in clause
(r) of section 3 of the Act and includes premises thereof.
2
(2) All words and expressions used and not defined in these rules but defined in the Act shall
have the same meanings respectively assigned to them in the Act.
3. Qualifications of mutawalli.
(1) The mutawalli shall be a citizen of India.
(2) Qualifications of a mutawalli of a waqf shall be such as may be specified by a waqif in
the waqf deed.
(3) Where no qualifications are specified by the waqif, a mutawalli shall have-
(a) knowledge of English, Urdu, Hindi or the regional language of the place where
the waqf property is situated;
(b) knowledge of waqf law;
(c) working knowledge of Sharia; and
(d) perfect physical and mental health :
Provided that where no qualifications are specified by a waqif under sub-rule (2) or no
person having the qualification specified under this sub-rule is available, the Board may
appoint any hereditary mutawalli or a qualified graduate from any recognised college or
university as the mutawalli for the concerned waqf.
4. Other particulars which the report of Survey Commissioner may contain. The report to
be submitted by the Survey Commissioner to the Government under sub-section (3) of section
4 of the Act shall be as specified in Form 1.
5. Other powers of Inquiry of Survey Commissioner The Survey Commissioner shall, in
addition to the powers specified under sub-section (4) of section 4 of the Act , have the powers
in respect of the following matters, namely:
(a) grant of temporary injunctions and interlocutory orders; and
(b) appointment of receivers :
Provided that no inquiry shall be instituted against the Board until the expiry of a period of
two months from the date of a notice in writing delivered in the office of the Board stating the
cause of action, description and place of the petitioner or the applicant and the relief claimed.
6. Other particulars which a list of auqaf published may contain . The list of auqaf
published under sub-section (2) of section 5 of the Act shall be as specified in Form 2.
7. Entry of auqaf in revenue record.
(1) The Government, after receipt of the list of auqaf from the Board under sub-section (2)
of section 5 of the Act, shall publish in the Official Gazette and send it within a period
of one month to the revenue authorities.
3
(2) On receipt of the lists under sub-rule (1) from the Government, the revenue authorities
shall, after updating the record and deciding mutation in the land record, submit a copy
of such entries to the Board within a period of six months from the date of receipt.
(3) If no intimation is sent by the revenue authorities to the Board within six months, the
entry in the land record in mutation thereof shall be deemed to have been made.
8. Conduct of elections.
(1) The Secretary (Name of Deptt dealing with waqf matters.) to Government shall be
the Election Authority for the purposes of conduct of elections of members under clause
(b) of sub-section (1) of section 14 of the Act and he shall have powers of
superintendence, direction and control of the conduct of election under these rules.
(2) The Joint Secretary (Name of Deptt dealing with waqf matters.) to Government
shall be the Deputy Election Authority for purposes of conduct of elections under these
rules.
(3) Deputy Election Authority shall perform all or any of the functions of the Election
Authority , subject to the control of the Election Authority .
(4) The Election Authority shall appoint a Returning Officer who shall be responsible for
the smooth conduct of elections under these rules: Provided that such Returning Officer
shall be appointed from amongst persons holding a Gazetted post in the Government.
(5) The Election Authority may appoint one or more persons from amongst officers of the
Government as Assistant Returning Officers to assist the Returning Officer.
(6) Every Assistant Returning Officer shall be competent to perform all or any of the
functions of the Returning Officer subject to the control of the Returning Officer:
Provided that the Assistant Returning Officer shall not perform any function of the
Returning Officer which relates to the scrutiny of nominations unless the Returning
Officer directs him so to perform.
(7) Subject to other provisions of these rules, the Election Authority shall have power to
perform the following functions, namely:
(a) to fix date, place and time of election;
(b) to notify the form of notice, nomination, letter of intimation, declaration paper ,
ballot paper , ballot paper cover and the envelope for the election, the form of any
other record to be prepared or maintained in relation to an election and the
instructions to be contained in the notification for the conduct of election;
(c) to decide, in case of doubt, the validity or invalidity of each ballot paper of each
vote recorded thereon;
4
(d) to declare the result of each election; and
(e) to fix
(i) the date of election;
(ii) the last date for receipt of nomination;
(iii) the date of scrutiny of nomination and publication of list of candidates
validly nominated;
(iv) the last date and hour for withdrawal of candidature;
(v) the date of publication of the final list;
(vi) the date and hour for poll;
(vii) the date and hour of scrutiny and counting of votes.
(8) The election under these rules shall be held in accordance with the system of
proportional representation by means of single transferrable vote.
9. Electoral roll.
(1) The Election Authority shall obtain the list of persons e ligible to vote in the categories
mentioned in sub-clauses (i), (ii), (iii) and (iv) of clause (b) of sub-section (1) of section
14 of the Act from the officers specified in sub-rule (2) and the list of such persons shall
form the electoral college for that category and the persons whose names find place in
the list, shall be electors for that category of members.
(2) The category-wise lists shall be obtained as follows:
(a) For the election of Muslim Members of Parliament from the State or as the case
may be, the National Capital Territory of Delhi under section 14(1)(b)(i) of the
Act, from the Secretary General, Lok Sabha/ Rajya Sabha;
(b) For the election of Muslim Members of State Legislature under section
14(1)(b)(ii) of the Act, from the Secretary , Legislative Assembly/Council;
(c) For the election of Muslim Members of Bar Council of the concerned State or
Union Territory under section 14(1)(b)(iii) of the Act, from the Secretary of State
Bar Council;
(d) For the election of mutawallis under section 14(1)(b)(iv) of the Act, from the
Chief Executive Officer of the Board.
10. Election by mutawallis. For the purposes of preparing the electoral roll of the mutawalli
under clause (d) of sub-rule (2) of rule 9, the Chief Executive Officer shall give one week s
time to the mutawalli(s), or as the case may be, to the managing committees to select
5
(2) On receipt of the lists under sub-rule (1) from the Government, the revenue authorities
shall, after updating the record and deciding mutation in the land record, submit a copy
of such entries to the Board within a period of six months from the date of receipt.
(3) If no intimation is sent by the revenue authorities to the Board within six months, the
entry in the land record in mutation thereof shall be deemed to have been made.
8. Conduct of elections.
(1) The Secretary (Name of Deptt dealing with waqf matters.) to Government shall be
the Election Authority for the purposes of conduct of elections of members under clause
(b) of sub-section (1) of section 14 of the Act and he shall have powers of
superintendence, direction and control of the conduct of election under these rules.
(2) The Joint Secretary (Name of Deptt dealing with waqf matters.) to Government
shall be the Deputy Election Authority for purposes of conduct of elections under these
rules.
(3) Deputy Election Authority shall perform all or any of the functions of the Election
Authority , subject to the control of the Election Authority .
(4) The Election Authority shall appoint a Returning Officer who shall be responsible for
the smooth conduct of elections under these rules: Provided that such Returning Officer
shall be appointed from amongst persons holding a Gazetted post in the Government.
(5) The Election Authority may appoint one or more persons from amongst officers of the
Government as Assistant Returning Officers to assist the Returning Officer.
(6) Every Assistant Returning Officer shall be competent to perform all or any of the
functions of the Returning Officer subject to the control of the Returning Officer:
Provided that the Assistant Returning Officer shall not perform any function of the
Returning Officer which relates to the scrutiny of nominations unless the Returning
Officer directs him so to perform.
(7) Subject to other provisions of these rules, the Election Authority shall have power to
perform the following functions, namely:
(a) to fix date, place and time of election;
(b) to notify the form of notice, nomination, letter of intimation, declaration paper ,
ballot paper , ballot paper cover and the envelope for the election, the form of any
other record to be prepared or maintained in relation to an election and the
instructions to be contained in the notification for the conduct of election;
(c) to decide, in case of doubt, the validity or invalidity of each ballot paper of each
vote recorded thereon;
4
(d) to declare the result of each election; and
(e) to fix
(i) the date of election;
(ii) the last date for receipt of nomination;
(iii) the date of scrutiny of nomination and publication of list of candidates
validly nominated;
(iv) the last date and hour for withdrawal of candidature;
(v) the date of publication of the final list;
(vi) the date and hour for poll;
(vii) the date and hour of scrutiny and counting of votes.
(8) The election under these rules shall be held in accordance with the system of
proportional representation by means of single transferrable vote.
9. Electoral roll.
(1) The Election Authority shall obtain the list of persons e ligible to vote in the categories
mentioned in sub-clauses (i), (ii), (iii) and (iv) of clause (b) of sub-section (1) of section
14 of the Act from the officers specified in sub-rule (2) and the list of such persons shall
form the electoral college for that category and the persons whose names find place in
the list, shall be electors for that category of members.
(2) The category-wise lists shall be obtained as follows:
(a) For the election of Muslim Members of Parliament from the State or as the case
may be, the National Capital Territory of Delhi under section 14(1)(b)(i) of the
Act, from the Secretary General, Lok Sabha/ Rajya Sabha;
(b) For the election of Muslim Members of State Legislature under section
14(1)(b)(ii) of the Act, from the Secretary , Legislative Assembly/Council;
(c) For the election of Muslim Members of Bar Council of the concerned State or
Union Territory under section 14(1)(b)(iii) of the Act, from the Secretary of State
Bar Council;
(d) For the election of mutawallis under section 14(1)(b)(iv) of the Act, from the
Chief Executive Officer of the Board.
10. Election by mutawallis. For the purposes of preparing the electoral roll of the mutawalli
under clause (d) of sub-rule (2) of rule 9, the Chief Executive Officer shall give one week s
time to the mutawalli(s), or as the case may be, to the managing committees to select
5
(a) the senior most mutawalli, to be the representative of such waqf institution in the case of
waqf institutions having more than one mutawalli; and
(b) the President of the managing committee, as the representative of such waqf institution
in the case of waqf institution being administered by a managing committee:
Provided that if the waqf institution fails to so select and communicate to the Chief Executive
Officer the name of the seniormost mutawalli and the President of the managing committee,
then such seniormost mutawalli and the President of the managing committee shall be deemed
to have been selected and their names shall be incorporated in the electoral rolls for the purpose
of constituting the electoral college:
Provided further that only those mutawalli or the representatives of the managing committees
shall be eligible to vote who are registered with the Board and having annual income of rupees
one lakh in the preceding year and have paid annual contribution payable to the Board under
section 72 of the Act upto the preceding year.
11. Electoral rolls of ex Muslim Members of Parliament; ex Muslim Members of State
Legislatur e and ex-Muslim Members of the Bar Council.
In case there are no Muslim Members in any of the categories mentioned in sub-clauses (i) to
(iii) of clause (b) of sub-section (1) of section 14 of the Act, the ex-Muslim Members of
Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be,
shall constitute the electoral college and a separate electoral roll shall be maintained for each
such category .
12. Displaying of lists. The electoral lists obtained under rule 9, shall be displayed on the notice
board of the Election Authority and in the office of the Board, not less than fourteen days before
the date of elections and shall be published in Urdu, Hindi and English/local language
newspapers having circulation in the area.
13. Filing of objections.
(1) Any person aggrieved by the publication of electoral lists under rule 12, may file the
objection petition before the Election Authority within seven days of such publication,
for addition, deletion or modification of any name.
(2) The Election Authority , after going through the objection petition, and after obtaining
any further information from any source, as it may deem fit and after giving personal
hearing to the objector or petitioner or to any other person, if it feels necessary , shall pass
orders on the objection petition.
(3) In the light of the orders passed, under sub-rule (2) , if the electoral roll requires any
modification, the Election Authority , after incorporating such modification, shall
6
publish the final electoral roll not less than seven days before the date of elections and
such electoral roll shall be final and conclusive list of electors for election.
14. Public notice of intended election.
(1) The Election Authority shall, subject to such directions as may be issued by the
G |
. Public notice of intended election.
(1) The Election Authority shall, subject to such directions as may be issued by the
Government, by notification in Form 3, published in the Official Gazette, call upon on
such date or dates as may be specified therein, to elect members of the Board in
accordance with the provisions of the Act and these rules.
(2) The notification issued under sub-rule (1) shall specify the last date for making
nominations, the date for scrutiny of nominations, the last date for withdrawal of
candidature, the place and date on which and the time during which the poll shall, if
necessary , be held.
(3) On the issue of the notification under sub-rule (1), the Returning Officer shall give
public notice of the intended election for the members of the Board in Form 4 in Urdu,
Hindi and English/local language newspapers having circulation in the area.
15. Special election programme. Notwithstanding anything contained in these rules, where
the election process is interrupted or the election programme has to be altered on account of the
orders of any Court or for any other valid reason , to be recorded in writing, it shall be
competent for the Election Authority either generally or in respect of specified category of
members to cancel the election schedule notified under these rules and to re-notify the election
schedule as it deems fit in the circumstances of the case:
Provided that where the election schedule is renotified under this rule, the nominations already
made shall also be cancelled.
16. Nomination of candidates.
(1) A person may be nominated as a candidate to fill the office of the member of the Board in
Form 5, if he is qualified to be chosen to fill the seat under the provisions of the Act.
(2) The nomination shall be presented on or before the appointed date by the candidate in
person, between the hours specified, to the Returning Officer at the place specified, and
signed by the candidate or by a person duly authorised by him in this behalf.
(3) A candidate for any of the categories specified in clause (b) of sub-section (1) of section
14 of the Act shall be a person whose name is registered in the electoral roll of that
category .
(4) Each candidate shall be nominated on a separate nomination paper .
7
(a) the senior most mutawalli, to be the representative of such waqf institution in the case of
waqf institutions having more than one mutawalli; and
(b) the President of the managing committee, as the representative of such waqf institution
in the case of waqf institution being administered by a managing committee:
Provided that if the waqf institution fails to so select and communicate to the Chief Executive
Officer the name of the seniormost mutawalli and the President of the managing committee,
then such seniormost mutawalli and the President of the managing committee shall be deemed
to have been selected and their names shall be incorporated in the electoral rolls for the purpose
of constituting the electoral college:
Provided further that only those mutawalli or the representatives of the managing committees
shall be eligible to vote who are registered with the Board and having annual income of rupees
one lakh in the preceding year and have paid annual contribution payable to the Board under
section 72 of the Act upto the preceding year.
11. Electoral rolls of ex Muslim Members of Parliament; ex Muslim Members of State
Legislatur e and ex-Muslim Members of the Bar Council.
In case there are no Muslim Members in any of the categories mentioned in sub-clauses (i) to
(iii) of clause (b) of sub-section (1) of section 14 of the Act, the ex-Muslim Members of
Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be,
shall constitute the electoral college and a separate electoral roll shall be maintained for each
such category .
12. Displaying of lists. The electoral lists obtained under rule 9, shall be displayed on the notice
board of the Election Authority and in the office of the Board, not less than fourteen days before
the date of elections and shall be published in Urdu, Hindi and English/local language
newspapers having circulation in the area.
13. Filing of objections.
(1) Any person aggrieved by the publication of electoral lists under rule 12, may file the
objection petition before the Election Authority within seven days of such publication,
for addition, deletion or modification of any name.
(2) The Election Authority , after going through the objection petition, and after obtaining
any further information from any source, as it may deem fit and after giving personal
hearing to the objector or petitioner or to any other person, if it feels necessary , shall pass
orders on the objection petition.
(3) In the light of the orders passed, under sub-rule (2) , if the electoral roll requires any
modification, the Election Authority , after incorporating such modification, shall
6
publish the final electoral roll not less than seven days before the date of elections and
such electoral roll shall be final and conclusive list of electors for election.
14. Public notice of intended election.
(1) The Election Authority shall, subject to such directions as may be issued by the
Government, by notification in Form 3, published in the Official Gazette, call upon on
such date or dates as may be specified therein, to elect members of the Board in
accordance with the provisions of the Act and these rules.
(2) The notification issued under sub-rule (1) shall specify the last date for making
nominations, the date for scrutiny of nominations, the last date for withdrawal of
candidature, the place and date on which and the time during which the poll shall, if
necessary , be held.
(3) On the issue of the notification under sub-rule (1), the Returning Officer shall give
public notice of the intended election for the members of the Board in Form 4 in Urdu,
Hindi and English/local language newspapers having circulation in the area.
15. Special election programme. Notwithstanding anything contained in these rules, where
the election process is interrupted or the election programme has to be altered on account of the
orders of any Court or for any other valid reason , to be recorded in writing, it shall be
competent for the Election Authority either generally or in respect of specified category of
members to cancel the election schedule notified under these rules and to re-notify the election
schedule as it deems fit in the circumstances of the case:
Provided that where the election schedule is renotified under this rule, the nominations already
made shall also be cancelled.
16. Nomination of candidates.
(1) A person may be nominated as a candidate to fill the office of the member of the Board in
Form 5, if he is qualified to be chosen to fill the seat under the provisions of the Act.
(2) The nomination shall be presented on or before the appointed date by the candidate in
person, between the hours specified, to the Returning Officer at the place specified, and
signed by the candidate or by a person duly authorised by him in this behalf.
(3) A candidate for any of the categories specified in clause (b) of sub-section (1) of section
14 of the Act shall be a person whose name is registered in the electoral roll of that
category .
(4) Each candidate shall be nominated on a separate nomination paper .
7
(5) A candidate may be nominated for more than one of the categories specified in sub-
section (1) of section 14 of the Act.
17. Presentation of nomination paper and requir ement of valid nomination.
(1) On receipt of the nomination paper , the Returning Officer shall forthwith number the
nomination papers serially in the order in which it is presented and give a receipt in
Form 6.
(2) The Returning Officer or such other authorised person shall satisfy himself that the name
and number of the candidate, as entered in the nomination paper , is the same as entered in
the electoral roll and wherever necessary , he shall direct that the nomination form be
amended so as to be in accordance with the electoral roll.
(3) The Returning Officer may, while interpreting an entry in the electoral roll overlook
merely clerical or printing errors, but he shall record the interpretation adopted by him,
together with the reasons, while making the formal acceptance or rejection or scrutiny of
a nomination.
18. Publication of nominations received. Immediately after expiry of the time specified for
receipt of nomination papers on the dates fixed for that purpose, the Returning Officer or such
other authorised person shall publish at his office in Urdu, Hindi and English/local language a
list in Form 7 of all the nominations received, with a notice that the nomination papers shall be
taken up by the Returning Officer for scrutiny at the specified place, date and the time.
19. Oath of affirmation. Every candidate shall at the time of filing the nomination or at any
time before its scrutiny of nomination take oath of affirmation in Form 8 before the Returning
Officer or the Assistant Returning Officer.
20. Scrutiny of nomination papers.
(1) On the date appointed for scrutiny of the nominations, the candidate, and one other
person duly authorised in writing by each candidate, may attend at such time and place as
may be specified under rule 18.
(2) The Returning Officer may admit such other persons as he thinks fit to assist him and
shall give to such persons all reasonable facilities to examine the nomination papers of
all the candidates.
(3) The Returning Officer shall examine the nomination papers and all objections which
may be made at the time to any nomination and may, either on such objection or on his
own motion after such summary inquiry as he thinks necessary , reject any nomination on
any of the following grounds, namely:
8
(a) that the candidate is ineligible for election as a member of that particular category
of the Board;
(b) that the candidate incurred any of the disqualifications specified in section 16 of
the Act or these rules;
(c) that the name of the candidate is not entered in the electoral rolls;
(d) that the candidate has failed to comply with any of the provisions of these rules; or
(e) that the signature /thumb impression of the candidate in the nomination paper is
not genuine:
Provided that the nomination of a candidate shall not be rejected merely on the ground of
an incorrect description of his name or of any other particulars relating to the candidate
as entered in the electoral roll, if the identity of the candidate is otherwise established
beyond reasonable doubt.
(4) The Returning Officer shall endorse on each nomination paper , his decision, accepting
or rejecting the same and, if the nomination paper is rejected, he shall, record in writing a
brief statement of his reasons for such rejection.
(5) The scrutiny of the nomination paper shall, as far as practicable, be completed on the
date appointed in this behalf and no adjournment of the proceedings shall ordinarily be
permissible, except at the discretion of the Returning Officer, to provide an opportunity
to a candidate to rebut any contention raised against his candidature.
(6) For the purposes of this rule, a certified copy of an entry in the electoral roll for the time
being in force of any of the category of member of the Board shall be conclusive
evidence of the fact that the person referred to in that entry is an elector for that category
of member of the Board, unless it is proved that he is subject to any disqualification
mentioned in the Act or in these rules.
(7) Immediately after the nomination papers have been scrutinised and the decisions,
accepting or rejecting the same have been recorded, the Returning Officer shall prepare a
list of nominations found valid under each category and display it on the notice board of
his office in Form 9.
21. Withdrawal of nomination. Any candidate may withdraw his nomination in writing in
Form 10 ,signed by him and delivered to the Retuning Officer either in person or by his
authorised agent not later than five Oclock in the evening of the appointed last date for
withdrawal and the Returning Officer shall give a receipt for the same on being satisfied as to
the genuineness of the notice of withdrawal and the identity of the person delivering it.
9
(5) A candidate may be nominated for more than one of the categories specified in sub-
section (1) of section 14 of the Act.
17. Presentation of nomination paper and requir ement of valid nomination.
(1) On receipt of the nomination paper , the Returning Officer shall forthwith number the
nomination papers serially in the order in which it is presented and give a receipt in
Form 6.
(2) The Returning Officer or such other authorised person shall satisfy himself that the name
and number of the candidate, as entered in the nomination paper , is the same as entered in
the electoral roll and wherever necessary , he shall direct that the nomination form be
amended so as to be in accordance with the electoral roll.
(3) The Returning Officer may, while interpreting an entry in the electoral roll overlook
merely clerical or printing errors, but he shall record the interpretation adopted by him,
together with the reasons, while making the formal acceptance or rejection or scrutiny of
a nomination.
18. Publication of nominations received. Immediately after expiry of the time specified for
receipt of nomination papers on the dates fixed for that purpose, the Returning Officer or such
other authorised person shall publish at his office in Urdu, Hindi and English/local language a
list in Form 7 of all the nominations received, with a notice that the nomination papers shall be
taken up by the Returning Officer for scrutiny at the specified place, date and the time.
19. Oath of affirmation. Every candidate shall at the time of filing the nomination or at any
time before its scrutiny of nomination take oath of affirmation in Form 8 before the Returning
Officer or the Assistant Returning Officer.
20. Scrutiny of nomination papers.
(1) On the date appointed for scrutiny of the nominations, the candidate, and one other
person duly authorised in writing by each candidate, may attend at such time and place as
may be specified under rule 18.
(2) The Returning Officer may admit such other persons as he thinks fit to assist him and
shall give to such persons all reasonable facilities to examine the nomination papers of
all the candidates.
(3) The Returning Officer shall examine the nomination papers and all objections which
may be made at the time to any nomination and may, either on such objection or on his
own motion after such summary inquiry as he thinks necessary , reject any nomination on
any of the following grounds, namely:
8
(a) that the candidate is ineligible for election as a member of that particular category
of the Board;
(b) that the candidate incurred any of the disqualifications specified in section 16 of
the Act or these rules;
(c) that the name of the candidate is not entered in the electoral rolls;
(d) that the candidate has failed to comply with any of the provisions of these rules; or
(e) that the signature /thumb impression of the candidate in the nomination paper is
not genuine:
Provided that the nomination of a candidate shall not be rejected merely on the ground of
an incorrect description of his name or of any other particulars relating to the candidate
as entered in the electoral roll, if the identity of the candidate is otherwise established
beyond reasonable doubt.
(4) The Returning Officer shall endorse on each nomination paper , his decision, accepting
or rejecting the same and, if the nomination paper is rejected, he shall, record in writing a
brief statement of his reasons |
or rejecting the same and, if the nomination paper is rejected, he shall, record in writing a
brief statement of his reasons for such rejection.
(5) The scrutiny of the nomination paper shall, as far as practicable, be completed on the
date appointed in this behalf and no adjournment of the proceedings shall ordinarily be
permissible, except at the discretion of the Returning Officer, to provide an opportunity
to a candidate to rebut any contention raised against his candidature.
(6) For the purposes of this rule, a certified copy of an entry in the electoral roll for the time
being in force of any of the category of member of the Board shall be conclusive
evidence of the fact that the person referred to in that entry is an elector for that category
of member of the Board, unless it is proved that he is subject to any disqualification
mentioned in the Act or in these rules.
(7) Immediately after the nomination papers have been scrutinised and the decisions,
accepting or rejecting the same have been recorded, the Returning Officer shall prepare a
list of nominations found valid under each category and display it on the notice board of
his office in Form 9.
21. Withdrawal of nomination. Any candidate may withdraw his nomination in writing in
Form 10 ,signed by him and delivered to the Retuning Officer either in person or by his
authorised agent not later than five Oclock in the evening of the appointed last date for
withdrawal and the Returning Officer shall give a receipt for the same on being satisfied as to
the genuineness of the notice of withdrawal and the identity of the person delivering it.
9
22. Publication of list of contesting candidates.
(1) On the following day, after the withdrawal of nominations, the Returning Officer shall
prepare in Urdu, Hindi and English languages/local language a list in Form 11 of the
persons whose nominations have been found valid and display it on the notice board of
his office and the office of the Board.
(2) The list prepared under sub-rule (1) shall contain the names of the candidates as
described in their nomination paper in Urdu, Hindi and English languages/local
language duly arranged in English alphabetical order .
23. Declaration of result of uncontested candidate.
(1) If the number of contesting candidates is equal or less than the number of vacancy in a
particular category , the Returning Officer shall forthwith declare such candidate as duly
elected in Form 12 and send the same to the Election Authority .
(2) If the number of contesting candidates is more than the number of vacancy or vacancies
in a particular category , poll shall be conducted.
24. Death of candidate befor e poll. If a contesting candidate dies and a report of his dea th is
received before the commencement of the poll, the Returning Officer shall, upon being
satisfied of the fact of the death of the candidate, countermand the poll and election
proceedings shall be started afresh in all respect as if for a new election:
Provided that no fresh nomination shall be necessary in the case of a candidate who stood
validly nominated at the time of countermanding of the poll.
25. Voting.
(1) If poll is to be conducted, the Returning Officer shall take necessary action for the
conduct of poll and shall see that the election is fairly conducted at the polling station,
and regulate the number of electors to be admitted at one time, and shall exclude all
persons other than the following:
(a) the candidate;
(b) the police officer or other public servants on duty;
(c) such persons as the Returning Officer may from time to time admit for the purpose
of identifying electors;
(d) persons authorised by the Government;
(e) a child in arms accompanying an elector; and
(f) a person accompanying a blind or infirm elector who cannot move without help.
10
(2) Where a woman elector cannot be identified by the Returning Officer by reason of her
observing purdah, she may be required to be identified by any mode to the satisfaction of
the Returning Officer.
26. Right of vote.
(1) Voting is to be in person.
(2) All electors voting at an election shall do so in person at the polling station provided for
them under these rules.
(3) Counting shall be arranged at the end of the polling for the election of each category of
members specified in clause (b) of sub-section (1) of section 14 of the Act.
(4) The Returning Officer shall provide at each polling station, sufficient number of ballot
boxes, together with copies of the electoral roll containing the names of electors entitled
to vote and such other papers and articles necessary for electors to mark the ballot papers,
stationery and forms, as may be necessary .
(5) Immediately before the commencement of the poll, the Returning Officer shall
demonstrate to the candidates or their polling agents that the ballot box is empty .
27. Form of ballot paper .
(1) Every ballot paper shall contain serial number of list of contesting candidates in Urdu,
Hindi and English/local language duly arranged in English alphabetical order .
(2) Every ballot paper shall, before issue to an elector , be
(a) stamped or shall be written on its back
(i) the name and category of member;
(ii) the place of election;
(b) signed in full on its back by the Returning Officer.
28. Issue of ballot paper . Immediately after a ballot paper is issued to an elector , the Returning
Officer shall obtain the signature of elector in token of having received the ballot paper , on the
office copy of electoral roll to be retained by the polling officer for record.
29. Maintenance of secrecy of voting by electors and voting procedur e.
(1) Every elector to whom a ballot paper has been issued under rule 28 shall maintain
secrecy of voting within the polling station and for that purpose observe the voting
procedure hereinafter laid down.
(2) The elector on receiving the ballot paper , shall forthwith
11
22. Publication of list of contesting candidates.
(1) On the following day, after the withdrawal of nominations, the Returning Officer shall
prepare in Urdu, Hindi and English languages/local language a list in Form 11 of the
persons whose nominations have been found valid and display it on the notice board of
his office and the office of the Board.
(2) The list prepared under sub-rule (1) shall contain the names of the candidates as
described in their nomination paper in Urdu, Hindi and English languages/local
language duly arranged in English alphabetical order .
23. Declaration of result of uncontested candidate.
(1) If the number of contesting candidates is equal or less than the number of vacancy in a
particular category , the Returning Officer shall forthwith declare such candidate as duly
elected in Form 12 and send the same to the Election Authority .
(2) If the number of contesting candidates is more than the number of vacancy or vacancies
in a particular category , poll shall be conducted.
24. Death of candidate befor e poll. If a contesting candidate dies and a report of his dea th is
received before the commencement of the poll, the Returning Officer shall, upon being
satisfied of the fact of the death of the candidate, countermand the poll and election
proceedings shall be started afresh in all respect as if for a new election:
Provided that no fresh nomination shall be necessary in the case of a candidate who stood
validly nominated at the time of countermanding of the poll.
25. Voting.
(1) If poll is to be conducted, the Returning Officer shall take necessary action for the
conduct of poll and shall see that the election is fairly conducted at the polling station,
and regulate the number of electors to be admitted at one time, and shall exclude all
persons other than the following:
(a) the candidate;
(b) the police officer or other public servants on duty;
(c) such persons as the Returning Officer may from time to time admit for the purpose
of identifying electors;
(d) persons authorised by the Government;
(e) a child in arms accompanying an elector; and
(f) a person accompanying a blind or infirm elector who cannot move without help.
10
(2) Where a woman elector cannot be identified by the Returning Officer by reason of her
observing purdah, she may be required to be identified by any mode to the satisfaction of
the Returning Officer.
26. Right of vote.
(1) Voting is to be in person.
(2) All electors voting at an election shall do so in person at the polling station provided for
them under these rules.
(3) Counting shall be arranged at the end of the polling for the election of each category of
members specified in clause (b) of sub-section (1) of section 14 of the Act.
(4) The Returning Officer shall provide at each polling station, sufficient number of ballot
boxes, together with copies of the electoral roll containing the names of electors entitled
to vote and such other papers and articles necessary for electors to mark the ballot papers,
stationery and forms, as may be necessary .
(5) Immediately before the commencement of the poll, the Returning Officer shall
demonstrate to the candidates or their polling agents that the ballot box is empty .
27. Form of ballot paper .
(1) Every ballot paper shall contain serial number of list of contesting candidates in Urdu,
Hindi and English/local language duly arranged in English alphabetical order .
(2) Every ballot paper shall, before issue to an elector , be
(a) stamped or shall be written on its back
(i) the name and category of member;
(ii) the place of election;
(b) signed in full on its back by the Returning Officer.
28. Issue of ballot paper . Immediately after a ballot paper is issued to an elector , the Returning
Officer shall obtain the signature of elector in token of having received the ballot paper , on the
office copy of electoral roll to be retained by the polling officer for record.
29. Maintenance of secrecy of voting by electors and voting procedur e.
(1) Every elector to whom a ballot paper has been issued under rule 28 shall maintain
secrecy of voting within the polling station and for that purpose observe the voting
procedure hereinafter laid down.
(2) The elector on receiving the ballot paper , shall forthwith
11
(a) proceed to the voting compartment;
(b) record his first, second, third and so on preference by writing numerical 1, 2 and 3
and so on against the names of the contestants, he intends to give the preference;
and
(c) insert the folded ballot paper into the specified ballot box.
(3) Every elector shall vote without any delay .
30. Blind and infirm voters.
(1) If owing to blindness or other physical infirmity , an elector is unable to recognise the
names of the contestants on the ballot paper or to write preference thereon, the Returning
Officer shall record the vote on the ballot paper in accordance with the wishes of the
elector , fold it and insert it into the ballot box.
(2) While acting under this rule, the Returning Officer shall observe secrecy and shall keep a
brief record of each such instance, but shall not indicate therein the manner in which
any vote has been exercised.
31. Challenge to identity .
(1) Any candidate may challenge the identity of a person claiming to be a particular elector
by first depositing, a sum of one hundred rupees in cash with the Returning Officer for
each such challenge.
(2) On such a deposit being made, the Returning Officer shall
(a) warn the person challenged, of the penalty for impersonation; and
(b) read the relevant entry in the electoral roll in full and ask him whether he is the
person referred to in the entry or not.
(3) The Returning Officer shall thereafter hold a summary inquiry into the challenge and
may for that purpose
(a) require the challenger to adduce evidence in proof of the challenge and the person
challenged to adduce evidence in proof of his identity;
(b) put the person challenged any question necessary for the purpose of establishing
his identify and require him to answer them on oath; and
(c) administer an oath to the challenger and any other person offering to give
evidence.
(4) If, after the inquiry , the Returning Officer considers that the challenge has not been
established, he shall allow the person challenged to vote and if he considers that the
challenge has been established, he shall debar the challenged person from voting.
12
(5) If the Returning Officer is of the opinion that the challenge is frivolous or has not been
made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to
the Government and in any other case, he shall return it to the challenger at the
conclusion of the inquiry .
32. Spoilt and returned ballot papers.
(1) An elector who has inadvertently dealt with his ballot paper may, by delivering it to the
Returning Officer and on satisfying him of the inadvertence, be given another ballot
paper and the ballot paper so returned and the counterfoil of such ballot paper shall be
marked as Spoilt cancelled by the Returning Officer
.(2) If an elector , after obtaining a ballot paper decides not to use it, he shall return it to the
Returning Officer, and the ballot paper so returned and the counterfoil of such ballot
paper shall be marked as Returned cancelled by the Returning Officer.
(3) All ballot papers cancelled under sub-rules (1) and (2) shall be kept in a separate packet.
33. Opening of Votes.
(1) The counting of votes shall commence immediately after the poll at the same place
where voting took place.
(2) The Returning Officer immediately after the poll at the same place shall
(a) open the ballot box, count the ballot papers and ensure that the number of ballot
papers found in the box is the same as the number of ballot papers issued as per the
office copy of the electoral roll;
(b) separate the ballot papers which he deems valid from those which he had rejected
endorsing on each of the latter the word Rejected and the ground of rejection.
34. Invalidity of ballot papers. A ballot paper shall be invalid in any one or more of the
following cases:
(a) same preference is recorded against more than one name;
(b) numerical preference is so placed as to render it doubtful to which candidate it is
intended to apply;
(c) the numerical or such other figures are written opposite to the names in such a manner
that it is not possible to ascertain the intended preference of the elector;
(d) there is any mark or writing by which the elector can be identified.
35. Counting of votes.
(1) After rejecting the ballot papers which are invalid, the Returning Officer shall
13
(a) proceed to the voting compartment;
(b) record his first, second, third and so on preference by writing numerical 1, 2 and 3
and so on against the names of the contestants, he intends to give the preference;
and
(c) insert the folded ballot paper into the specified ballot box.
(3) Every elector shall vote without any delay .
30. Blind and infirm voters.
(1) If owing to blindness or other physical infirmity , an elector is unable to recognise the
names of the contestants on the ballot paper or to write preference thereon, the Returning
Officer shall record the vote on the ballot paper in accordance with the wishes of the
elector , fol |
, the Returning
Officer shall record the vote on the ballot paper in accordance with the wishes of the
elector , fold it and insert it into the ballot box.
(2) While acting under this rule, the Returning Officer shall observe secrecy and shall keep a
brief record of each such instance, but shall not indicate therein the manner in which
any vote has been exercised.
31. Challenge to identity .
(1) Any candidate may challenge the identity of a person claiming to be a particular elector
by first depositing, a sum of one hundred rupees in cash with the Returning Officer for
each such challenge.
(2) On such a deposit being made, the Returning Officer shall
(a) warn the person challenged, of the penalty for impersonation; and
(b) read the relevant entry in the electoral roll in full and ask him whether he is the
person referred to in the entry or not.
(3) The Returning Officer shall thereafter hold a summary inquiry into the challenge and
may for that purpose
(a) require the challenger to adduce evidence in proof of the challenge and the person
challenged to adduce evidence in proof of his identity;
(b) put the person challenged any question necessary for the purpose of establishing
his identify and require him to answer them on oath; and
(c) administer an oath to the challenger and any other person offering to give
evidence.
(4) If, after the inquiry , the Returning Officer considers that the challenge has not been
established, he shall allow the person challenged to vote and if he considers that the
challenge has been established, he shall debar the challenged person from voting.
12
(5) If the Returning Officer is of the opinion that the challenge is frivolous or has not been
made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to
the Government and in any other case, he shall return it to the challenger at the
conclusion of the inquiry .
32. Spoilt and returned ballot papers.
(1) An elector who has inadvertently dealt with his ballot paper may, by delivering it to the
Returning Officer and on satisfying him of the inadvertence, be given another ballot
paper and the ballot paper so returned and the counterfoil of such ballot paper shall be
marked as Spoilt cancelled by the Returning Officer
.(2) If an elector , after obtaining a ballot paper decides not to use it, he shall return it to the
Returning Officer, and the ballot paper so returned and the counterfoil of such ballot
paper shall be marked as Returned cancelled by the Returning Officer.
(3) All ballot papers cancelled under sub-rules (1) and (2) shall be kept in a separate packet.
33. Opening of Votes.
(1) The counting of votes shall commence immediately after the poll at the same place
where voting took place.
(2) The Returning Officer immediately after the poll at the same place shall
(a) open the ballot box, count the ballot papers and ensure that the number of ballot
papers found in the box is the same as the number of ballot papers issued as per the
office copy of the electoral roll;
(b) separate the ballot papers which he deems valid from those which he had rejected
endorsing on each of the latter the word Rejected and the ground of rejection.
34. Invalidity of ballot papers. A ballot paper shall be invalid in any one or more of the
following cases:
(a) same preference is recorded against more than one name;
(b) numerical preference is so placed as to render it doubtful to which candidate it is
intended to apply;
(c) the numerical or such other figures are written opposite to the names in such a manner
that it is not possible to ascertain the intended preference of the elector;
(d) there is any mark or writing by which the elector can be identified.
35. Counting of votes.
(1) After rejecting the ballot papers which are invalid, the Returning Officer shall
13
(a) count the maximum number of first preference votes polled by a candidate, then
count the maximum number of second preference votes polled by a candidate and
so on and arrange the name of candidates in that order;
(b) after such counting, the candidate having obtained maximum number of first
preference votes shall be declared elected if the number of vacancy is one and in
case of vacancies being two, candidates having obtained maximum number of
first and second preference votes shall be declared elected for the second vacancy .
(2) When at the end of counting, each of the contesting candidates has the same value of
votes and no surplus remains capable of transfer , the Returning Officer shall decide by
lot which of them shall be excluded, and the other candidates, by drawing lots, the
candidate shall be declared elected:
Provided that the detailed procedure indicated in Part VII of the Conduct of Election Rules,
1961 framed under the Representation of the People s Act, 1951 (43 of 1951), shall be followed
for this purpose.
36. Provision of re-count.
(1) Any candidate or in his absence, his authorised agent may, at any time during the
counting of votes, either before or after the completion of the counting of votes, request
the Returning Officer to re--examine and re-count the votes of all or any candidate and
the Returning Officer may re-examine and re-count the same accordingly .
(2) The Returning Officer may, in his discretion, re-count the votes either once or more than
once in any case in which he is not satisfied as to the accuracy of any previous count:
Provided that nothing in this sub-rule shall make it obligatory on the Returning Officer to
re-count the same votes more than once.
37. Declaration of result and return by Returning Officer .
(1) Upon t he completion of counting, the Returning Officer shall, subject to the foregoing
provisions, declare the result of the election in Form 12 , as may be appropriate and send
signed copies thereof, to the Election Authority .
(2) The Returning Officer shall thereafter
(a) place the valid ballot papers in one packet and the rejected ballot papers in
another;
(b) seal with the seal of the Returning Officer and of such of the candidates, their
election agents or counting agents as may desire to affix their seals on each of the
packets referred to in clause (a); and
14
(c) record on each of the sealed packets the description of its contents and the date of
election.
38. Grant of certificate of election to candidate. As soon as may be, after a candidate has been
declared elected, the Returning Officer shall grant to such candidate a certificate of election in
Form 13 and obtain from the candidate an acknowledgment of its receipt duly signed by him.
39. Material to be submitted after election.
(1) After completion of the election, the Returning Officer shall submit the following to the
Election Authority for being kept in safe custody for record:
(a) packet of ballot papers;
(b) office copy of the electoral roll and counterfoils of ballot papers issued with
signatures of the electors having received the ballot paper;
(c) brief report about fair and peaceful conduct of poll mentioning important
incidents, if any, during the poll, including challenges made about the identity of
any elector and the decision of Returning Officer thereon;
(d) office copy of certificate of election issued to elected candidates and
acknowledgment receipts of the same; and
(e) any other relevant paper(s).
(2) The record submitted to the Election Authority shall be preserved for a period of one year
or till the final disposal of petition relating to election, if any, whichever is later.
40. Making of necessary nominations. Government shall make necessary nominations for
filling up of the vacancies under categories (c), (d) and (e) of sub-section (1) and sub-section
(3) of section 14 of the Act.
41. Appointment of members of the Board.
(1) After receipt of the names of the elected members under clause (b) of sub--section (1)
and the nominated members under clauses (c), (d) and (e) of sub-section (1) and sub-
section (3) of section 14 of the Act, the Government shall issue a notification under sub-
section (9) of section 14 appointing the members of the Board:
Provided that the date, place and time of election of Chairperson shall also be specified
in the notification issued under this sub-rule, giving the members, one week s notice.
(2) The notification issued under sub-rule (1) shall be published in the Official Gazette and
in one newspaper of Hindi, English and Urdu/regional language of the area.
(3) At least two members appointed on the Board shall be women.
15
(a) count the maximum number of first preference votes polled by a candidate, then
count the maximum number of second preference votes polled by a candidate and
so on and arrange the name of candidates in that order;
(b) after such counting, the candidate having obtained maximum number of first
preference votes shall be declared elected if the number of vacancy is one and in
case of vacancies being two, candidates having obtained maximum number of
first and second preference votes shall be declared elected for the second vacancy .
(2) When at the end of counting, each of the contesting candidates has the same value of
votes and no surplus remains capable of transfer , the Returning Officer shall decide by
lot which of them shall be excluded, and the other candidates, by drawing lots, the
candidate shall be declared elected:
Provided that the detailed procedure indicated in Part VII of the Conduct of Election Rules,
1961 framed under the Representation of the People s Act, 1951 (43 of 1951), shall be followed
for this purpose.
36. Provision of re-count.
(1) Any candidate or in his absence, his authorised agent may, at any time during the
counting of votes, either before or after the completion of the counting of votes, request
the Returning Officer to re--examine and re-count the votes of all or any candidate and
the Returning Officer may re-examine and re-count the same accordingly .
(2) The Returning Officer may, in his discretion, re-count the votes either once or more than
once in any case in which he is not satisfied as to the accuracy of any previous count:
Provided that nothing in this sub-rule shall make it obligatory on the Returning Officer to
re-count the same votes more than once.
37. Declaration of result and return by Returning Officer .
(1) Upon t he completion of counting, the Returning Officer shall, subject to the foregoing
provisions, declare the result of the election in Form 12 , as may be appropriate and send
signed copies thereof, to the Election Authority .
(2) The Returning Officer shall thereafter
(a) place the valid ballot papers in one packet and the rejected ballot papers in
another;
(b) seal with the seal of the Returning Officer and of such of the candidates, their
election agents or counting agents as may desire to affix their seals on each of the
packets referred to in clause (a); and
14
(c) record on each of the sealed packets the description of its contents and the date of
election.
38. Grant of certificate of election to candidate. As soon as may be, after a candidate has been
declared elected, the Returning Officer shall grant to such candidate a certificate of election in
Form 13 and obtain from the candidate an acknowledgment of its receipt duly signed by him.
39. Material to be submitted after election.
(1) After completion of the election, the Returning Officer shall submit the following to the
Election Authority for being kept in safe custody for record:
(a) packet of ballot papers;
(b) office copy of the electoral roll and counterfoils of ballot papers issued with
signatures of the electors having received the ballot paper;
(c) brief report about fair and peaceful conduct of poll mentioning important
incidents, if any, during the poll, including challenges made about the identity of
any elector and the decision of Returning Officer thereon;
(d) office copy of certificate of election issued to elected candidates and
acknowledgment receipts of the same; and
(e) any other relevant paper(s).
(2) The record submitted to the Election Authority shall be preserved for a period of one year
or till the final disposal of petition relating to election, if any, whichever is later.
40. Making of necessary nominations. Government shall make necessary nominations for
filling up of the vacancies under categories (c), (d) and (e) of sub-section (1) and sub-section
(3) of section 14 of the Act.
41. Appointment of members of the Board.
(1) After receipt of the names of the elected members under clause (b) of sub--section (1)
and the nominated members under clauses (c), (d) and (e) of sub-section (1) and sub-
section (3) of section 14 of the Act, the Government shall issue a notification under sub-
section (9) of section 14 appointing the members of the Board:
Provided that the date, place and time of election of Chairperson shall also be specified
in the notification issued under this sub-rule, giving the members, one week s notice.
(2) The notification issued under sub-rule (1) shall be published in the Official Gazette and
in one newspaper of Hindi, English and Urdu/regional language of the area.
(3) At least two members appointed on the Board shall be women.
15
42. Filling up of casual vacancy .
(1) If any casual vacancy occurs in any of the categories specified in clause (b) of sub-
section (1) of section 14 of the Act, by virtue of resignation or death or otherwise of a
member , a new member shall be elected in his place, in accordance with the provisions
of these rules.
(2) On receipt of the result of the election from the Returning Officer, the Government shall
issue notification in the Official Gazette under sub-section (9) of section 14 of the Act,
appointing such person as member of the Board.
43. Election of Chairperson.
(1) On appointment of the members to the Board under rule 41, the Government shall notify
the first meeting of the Board, for the election of the Chairperson from amongst the
members of the Board.
(2) The meeting shall be presided over by the Secretary (Name of Deptt dealing with
waqf matters.) to the Government who shall conduct the proceedings for the election
of the Chairperson.
(3) The name of the candidate to the post of Chairperson shall be proposed by a member ,
which shall be seconded by another member and the voting shall be by secret ballot.
(4) A member shall have only one vote and the candidate securing the highest number of
votes shall be declared to have been elected as Chairperson.
(5) The election of the Chairperson and the proceedings of the meeting convened to elect
the Chairperson shall be recorded by the officer appointed by the Government and it
shall form the minutes of the meeting.
(6) In case of a tie, the names of the candidates shall be put to lot and the Chairperson shall
be selected from the lot.
(7) (a) Where a dispute arises as to the validity of election of the Chairperson or any
member of the Board, any person interested may within thirty days of the
declaration of the result of the election file an application before the Tribunal and
the decision of the Tribunal thereon shall be final.
(b) No suit or other legal proceedings shall lie in any civil court in respect of any
dispute/question or other matter relating to the election of Chairperson or member |
ings shall lie in any civil court in respect of any
dispute/question or other matter relating to the election of Chairperson or member
of the Board.
(8) The Tribunal shall dispose of the application within one year of its filing.
16
(9) Expenses for the conduct of election of the members and the Chairperson of the Board
shall be borne by the Government.
44. Terms and conditions of service of the Chief Executive Officer of Board.
(1) If the person appointed as Chief Executive Officer (CEO) under section 23 of the Act, is
an officer who has retired from Government service, he shall draw pay in the sanctioned
scale plus his pension in full subject to the condition that the total of the pay and pension
so drawn (including pension equivalent to any gratuity drawn by him) shall not exceed
the pay at the time of retirement and the rules relating to Government employees lent on
foreign service shall mutatis mutandis apply to such officers.
(2) The person appointed as Chief Executive Officer on deputation basis shall be allowed to
draw pay in his own pay scale along with other allowances admissible to him in the
previous employment under Government, Union Territory Administration or local body ,
as the case may be, plus deputation allowance as admissible under the Government
rules:Provided that the period of deputation shall ordinarily not exceed three years:
Provided further that the Government shall have powers to enhance or reduce the
deputation period to the post in public interest either on the recommendation of the
Board or own its own motion.
(3) In case a vacancy to the post of Chief Executive Officer (CEO) arises due to his
repatriation/removal, the Government shall have powers to appoint any senior officer of
the Board as Acting Chief Executive Officer till the vacancy is filled.
(4) The confidential report on the work and conduct of the Chief Executive Officer (CEO)
shall be written by the Chairperson of the Board and shall be forwarded to the Joint
Secretary to the Government in charge of waqf matters, for a review .
(5) If residential accommodation is provided by the Board to the Chief Executive Officer
(CEO), he shall pay rent to the Board at such rates as may be specified from time to time
on the basis of his monthly emoluments or the standard rent as may be determined by the
Board, whichever is lower , plus additional charge for furniture specified by the Board, in
case any furniture is provided.
(6) The travelling allowance for the time being in force as applicable to an officer of
equivalent rank in the Government shall apply to the Chief Executive Officer.
(7) Periodical increments in the time scale of pay to the Chief Executive Officer shall be
sanctioned by the Board.
(8) Leave rules applicable to the Government employees and the rules relating to the casual
leave applicable to the Board employees shall apply to the Chief Executive Officer.
17
42. Filling up of casual vacancy .
(1) If any casual vacancy occurs in any of the categories specified in clause (b) of sub-
section (1) of section 14 of the Act, by virtue of resignation or death or otherwise of a
member , a new member shall be elected in his place, in accordance with the provisions
of these rules.
(2) On receipt of the result of the election from the Returning Officer, the Government shall
issue notification in the Official Gazette under sub-section (9) of section 14 of the Act,
appointing such person as member of the Board.
43. Election of Chairperson.
(1) On appointment of the members to the Board under rule 41, the Government shall notify
the first meeting of the Board, for the election of the Chairperson from amongst the
members of the Board.
(2) The meeting shall be presided over by the Secretary (Name of Deptt dealing with
waqf matters.) to the Government who shall conduct the proceedings for the election
of the Chairperson.
(3) The name of the candidate to the post of Chairperson shall be proposed by a member ,
which shall be seconded by another member and the voting shall be by secret ballot.
(4) A member shall have only one vote and the candidate securing the highest number of
votes shall be declared to have been elected as Chairperson.
(5) The election of the Chairperson and the proceedings of the meeting convened to elect
the Chairperson shall be recorded by the officer appointed by the Government and it
shall form the minutes of the meeting.
(6) In case of a tie, the names of the candidates shall be put to lot and the Chairperson shall
be selected from the lot.
(7) (a) Where a dispute arises as to the validity of election of the Chairperson or any
member of the Board, any person interested may within thirty days of the
declaration of the result of the election file an application before the Tribunal and
the decision of the Tribunal thereon shall be final.
(b) No suit or other legal proceedings shall lie in any civil court in respect of any
dispute/question or other matter relating to the election of Chairperson or member
of the Board.
(8) The Tribunal shall dispose of the application within one year of its filing.
16
(9) Expenses for the conduct of election of the members and the Chairperson of the Board
shall be borne by the Government.
44. Terms and conditions of service of the Chief Executive Officer of Board.
(1) If the person appointed as Chief Executive Officer (CEO) under section 23 of the Act, is
an officer who has retired from Government service, he shall draw pay in the sanctioned
scale plus his pension in full subject to the condition that the total of the pay and pension
so drawn (including pension equivalent to any gratuity drawn by him) shall not exceed
the pay at the time of retirement and the rules relating to Government employees lent on
foreign service shall mutatis mutandis apply to such officers.
(2) The person appointed as Chief Executive Officer on deputation basis shall be allowed to
draw pay in his own pay scale along with other allowances admissible to him in the
previous employment under Government, Union Territory Administration or local body ,
as the case may be, plus deputation allowance as admissible under the Government
rules:Provided that the period of deputation shall ordinarily not exceed three years:
Provided further that the Government shall have powers to enhance or reduce the
deputation period to the post in public interest either on the recommendation of the
Board or own its own motion.
(3) In case a vacancy to the post of Chief Executive Officer (CEO) arises due to his
repatriation/removal, the Government shall have powers to appoint any senior officer of
the Board as Acting Chief Executive Officer till the vacancy is filled.
(4) The confidential report on the work and conduct of the Chief Executive Officer (CEO)
shall be written by the Chairperson of the Board and shall be forwarded to the Joint
Secretary to the Government in charge of waqf matters, for a review .
(5) If residential accommodation is provided by the Board to the Chief Executive Officer
(CEO), he shall pay rent to the Board at such rates as may be specified from time to time
on the basis of his monthly emoluments or the standard rent as may be determined by the
Board, whichever is lower , plus additional charge for furniture specified by the Board, in
case any furniture is provided.
(6) The travelling allowance for the time being in force as applicable to an officer of
equivalent rank in the Government shall apply to the Chief Executive Officer.
(7) Periodical increments in the time scale of pay to the Chief Executive Officer shall be
sanctioned by the Board.
(8) Leave rules applicable to the Government employees and the rules relating to the casual
leave applicable to the Board employees shall apply to the Chief Executive Officer.
17
(9) Casual leave shall be sanctioned by the Chairperson of the Board and leave other tha n
casual leave by the Government.
(10) The date of retirement on superannuation of the holder of the post of Chief Executive
Officer shall be the last day of the month on which he completes the age of 60 years.
(11)All other terms and conditions of service relating to disciplinary matters as applicable to
the officers of equivalent rank in the Government shall apply to the Chief Executive
Officer.
45. Conditions and restrictions subject to which Chief Executive Officer or any other officer
may inspect any public office record and registers.
(1) The Chief Executive Of ficer or any other officer of the Board, duly authorised by it in
writing shall, for the purposes of carrying out inspection under section 29 of the Act,
make an application in writing to the officer in charge of the office expressing his
intention so to do.
(2) The officer in charge shall allow the inspection within seven days of the receipt of the
application under sub-rule (1).
(3) The mutawalli or any other person having the custody of any document relating to waqf
property shall produce the same within ten days before the Chief Executive Officer on
being called upon to do so in writing and if so desired shall supply the copies of the
documents within the next ten days.
(4) (a) On a written request by the Chief Executive Officer, an agency of the Government
or any other organisation shall supply , within ten working days, copies of the
record, register of properties or other documents relating to waqf properties or
claimed to be waqf properties.
(b) If for any reason the required documents cannot be supplied within ten working
days, the concerned agency of the Government or the organisation shall seek
further time, not exceeding ten working days to supply the information/
documents.
(5) The supply of documents as required by Chief Executive Officer shall be free of cost:
Provided that before seeking information/documents under sub-rules (3) and (4), the Chief
Executive Officer shall obtain the approval of the Board.
46. Inspection and issuance of copy of document .
(1) All applications for inspection of Board s record shall be made to the Chief Executive
Officer in Form 14 of the amount specified under sub-rule (2):
18
Provided that this sub-rule shall not apply to applications submitted in response to notices
calling for applications unless otherwise stated in the notice or to the applications made for
scholarships and stipends.
(2) Perm ission on application for inspection of record or proc eedings of the Board or any
committee may be granted by the Chief Executive Officer on payment of twenty rupees
per hour or fraction thereof, which shall be deposited by the applicant in advance with
the office of the Board.
(3) Certified copy , in the manner provided in section 76 of the Indian Evidence Act, 1872
(1 of 1872), of record or proceedings of the Board, or any committee may be granted by
the Chief Executive Officer on an application in Form 15 and on payment of twenty
rupees per hundred words or fraction thereof:
Provided that the application in Form 15 shall be accompanied by the receipt of the
Board for twenty rupees:
(4) The following persons shall be entitled to inspect records under this rule, namely:-
(a) for any waqf other than waqf-alal-aulad, the person interested in such waqf;
(b) for a waqf-alal-aulad, the waqif, his descendents, mutawalli and the beneficiaries
of the waqf.
(5) The applicants shall be provided the relevant copies as applicable within fifteen days
from the date of application.
47. Appointment of Executive Officer .-
(1) Board shall appoint a person from any of the following categories to be Executive
Officer under sub-section (1) of section 38 of the Act , namely:-
(a) a retired officer of the State/Central Government not below the rank of Group B
and who is not more than sixty two years of age: or
(b) an officer in the equivalent grade from any of the State/Central Civil Services: or
(c) any official of the Board in the cadre of Superintendent/Manager of equivalent
cadre who -
(i) possesses a Bachelor s degree of any recognised University: and
(ii) have a minimum of ten years of service.
(2) The appointment of a retired officer under sub-rule (1) shall be on contract basis and the
scale of pay and other allowances admissible for the post of Executive Officer shall be
fixed by the Board.
19
(9) Casual leave shall be sanctioned by the Chairperson of the Board and leave other tha n
casual leave by the Government.
(10) The date of retirement on superannuation of the holder of the post of Chief Executive
Officer shall be the last day of the month on which he completes the age of 60 years.
(11)All other terms and conditions of service relating to disciplinary matters as applicable to
the officers of equivalent rank in the Government shall apply to the Chief Executive
Officer.
45. Conditions and restrictions subject to which Chief Executive Officer or any other officer
may inspect any public office record and registers.
(1) The Chief Executive Of ficer or any other officer of the Board, duly authorised by it in
writing shall, for the purposes of carrying out inspection under section 29 of the Act,
make an application in writing to the officer in charge of the office expressing his
intention so to do.
(2) The officer in charge shall allow the inspection within seven days of the receipt of the
application under sub-rule (1).
(3) The mutawalli or any other person having the custody of any document relating to waqf
property shall produce the same within ten days before the Chief Executive Officer on
being called upon to do so in writing and if so desired shall supply the copies of the
documents within the next ten days.
(4) (a) On a written request by the Chief Executive Officer, an agency of the Government
or any other organisation shall supply , within ten working days, copies of the
record, register of properties or other documents relating to waqf properties or
claimed to be waqf properties.
(b) If for any reason the required documents cannot be supplied within ten working
days, the concerned agency of the Government or the organisation shall seek
further time, not exceeding ten working days to supply the information/
documents.
(5) The supply of documents as required by Chief Executive Officer shall be free of cost:
Provided that before seeking information/documents under sub-rules (3) and (4), the Chief
Executive Officer shall obtain the approval of the Board.
46. Inspection and issuance of copy of document .
(1) All applications for inspection of Board s record shall be made to the Chief Executive
Officer in Form 14 of the amount specified under sub-rule (2):
18
Provided that this sub-rule shall not apply to applications submitted in response to notices
calling for applications unless otherwise stated in the notice or to the applications made for
scholarships and stipends.
(2) Perm ission on application for inspection of record or proc eedings of the Board or any
committee may be granted by the Chief Executive Officer on payment of twenty rupees
per hour or fraction thereof, which shall be deposited by the applicant in advance with
the office of the Board.
(3) Certified copy , in the manner provided in section 76 of the Indian Evidence Act, 1872
(1 of 1872), of record or proceedings of the Board, or any committee may be granted by
the Chief Executive Officer on an application in Form 15 and on payment of twenty
rupees per hundred words or fraction thereof:
Provided that the application in Form 15 shall be accompanied by the receipt of the
Board for twenty rupees:
(4) The following persons shall be entitled to inspect records under this rule, namely:-
(a) for any waqf other than waqf-alal-aulad, the person |
under this rule, namely:-
(a) for any waqf other than waqf-alal-aulad, the person interested in such waqf;
(b) for a waqf-alal-aulad, the waqif, his descendents, mutawalli and the beneficiaries
of the waqf.
(5) The applicants shall be provided the relevant copies as applicable within fifteen days
from the date of application.
47. Appointment of Executive Officer .-
(1) Board shall appoint a person from any of the following categories to be Executive
Officer under sub-section (1) of section 38 of the Act , namely:-
(a) a retired officer of the State/Central Government not below the rank of Group B
and who is not more than sixty two years of age: or
(b) an officer in the equivalent grade from any of the State/Central Civil Services: or
(c) any official of the Board in the cadre of Superintendent/Manager of equivalent
cadre who -
(i) possesses a Bachelor s degree of any recognised University: and
(ii) have a minimum of ten years of service.
(2) The appointment of a retired officer under sub-rule (1) shall be on contract basis and the
scale of pay and other allowances admissible for the post of Executive Officer shall be
fixed by the Board.
19
(3) If the appointment is a part time appointment, a suitable honorarium may be fixed by the
Board.
(4) If the appointment is by deputation of a Government Servant, his period of deputation,
terms of service and the pay and allowances shall be regulated as per Civil Services
Rules.
(5) If the appointment of Government servant is in addition to his own duties, he shall be
entitled to draw such remuneration as may be fixed by the Board.
(6) If the appointment is by promotion of a Superintendent/Manager , the post must carry
the scale of pay as fixed by the Board.
(7) An Executive Officer may also be considered for appointment on an Honorary basis.
(8) For any waqf having a gross annual income of not less than five lakhs rupees, the
Executive Officer may be provided with the following supporting staff as deemed
necessary , namely:-
(a) Rent Collector/Manager/Sheristedar : One
(b) Clerk-cum-T ypist : One
(c) Revenue Clerk/Patwari /Bill Collector : One
48. Inquiry by Chief Executive Officer of property which has ceased to become waqf
property .
(1) The Chief Executive Officer shall be an Inquiry Officer for the purposes of carrying out
an inquiry under sub-section (1) of section 39 of the Act.
(2) The Chief Executive Officer shall issue a notice of an inquiry in Form 16 to the
interested parties informing them the date, time and place for holding an inquiry in
relation to any waqf whose object or any part thereof have ceased to exist.
(3) All persons who appear in response to the notice issued under sub-rule (2) shall be heard
at the time fixed for hearing and the inquiry officer may grant adjournment from time to
time for filing written statement containing objections and suggestion, if any.
(4) Any party to the proceedings shall have the right to appear in person or through pleader
to adduce oral or documentary evidence and to apply for summoning witnesses or
documents.
(5) The inquiry officer shall record oral evidence of the witnesses and shall follow the
procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the appearance
of pleader , filing of affidavits, production of documents, examination of witnesses,
recording of oral evidence, issue of commission and return of documents and to pass
interim order .
20
(6) The inquiry officer shall complete inquiry within six months and submit report to the
Board within thirty days from the date on which the inquiry is concluded.
49. Time and manner for preparation of budget by mutawalli.
(1) Every mutawalli of a waqf shall submit a budget at least thirty days before the
beginning of the financial year to the Board showing its estimated receipts and
expenditure for the ensuing financial year in Form 17:
Provided that the budget so prepared shall be sustainable and deficit budget may be
avoided.
(2) The State/Union Territory Administration may give financial assistance in the form of
grants-in-aid to Board for meeting establishment expenditure.
(3) The Board shall scrutinise the budget proposal and ensure that provision has been made
therein for the obligatory expenditure referred to in sub-section (2) of section 44 of the
Act and for carrying out the purpose which may have been specifically enjoined on the
waqf by the deed of waqf.
(4) The Board may give such directions to modify the budget in case any item is considered
to be contrary to the objects of the waqf or the provisions of the Act.
(5) If the Board is satisfied that adequate provision for certain items has not been made in
the budget, it shall have power to modify it in such manner as may be necessary to secure
such provision and return it to the mutawalli concerned.
(6) Every mutawalli shall consider the suggestions and incorporate the modifications made
by the Board in the budget and pass the budget before the beginning of the financial year
to which it relates.
(7) Notwithstanding anything contained in these rules, the Board may direct a mutawalli to
modify its estimates to be in kee ping with the provisions of the Act and the waqf deed
and such mutawalli shall comply with the direction of the Board.
(8) As soon as the budget is passed, every mutawalli shall forthwith submit copies thereof
to the Board.
(9) No sum shall be expended by or on behalf of a waqf unless such sum is included in the
budget estimates sanctioned under section 44 of the Act and in force at the time of
incurring the expenditure.
(10) If in the course of the year, a mutawalli finds it necessary to alter the figures shown in the
budget with regard to receipts or the distribution of the amounts to be expended on the
21
(3) If the appointment is a part time appointment, a suitable honorarium may be fixed by the
Board.
(4) If the appointment is by deputation of a Government Servant, his period of deputation,
terms of service and the pay and allowances shall be regulated as per Civil Services
Rules.
(5) If the appointment of Government servant is in addition to his own duties, he shall be
entitled to draw such remuneration as may be fixed by the Board.
(6) If the appointment is by promotion of a Superintendent/Manager , the post must carry
the scale of pay as fixed by the Board.
(7) An Executive Officer may also be considered for appointment on an Honorary basis.
(8) For any waqf having a gross annual income of not less than five lakhs rupees, the
Executive Officer may be provided with the following supporting staff as deemed
necessary , namely:-
(a) Rent Collector/Manager/Sheristedar : One
(b) Clerk-cum-T ypist : One
(c) Revenue Clerk/Patwari /Bill Collector : One
48. Inquiry by Chief Executive Officer of property which has ceased to become waqf
property .
(1) The Chief Executive Officer shall be an Inquiry Officer for the purposes of carrying out
an inquiry under sub-section (1) of section 39 of the Act.
(2) The Chief Executive Officer shall issue a notice of an inquiry in Form 16 to the
interested parties informing them the date, time and place for holding an inquiry in
relation to any waqf whose object or any part thereof have ceased to exist.
(3) All persons who appear in response to the notice issued under sub-rule (2) shall be heard
at the time fixed for hearing and the inquiry officer may grant adjournment from time to
time for filing written statement containing objections and suggestion, if any.
(4) Any party to the proceedings shall have the right to appear in person or through pleader
to adduce oral or documentary evidence and to apply for summoning witnesses or
documents.
(5) The inquiry officer shall record oral evidence of the witnesses and shall follow the
procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the appearance
of pleader , filing of affidavits, production of documents, examination of witnesses,
recording of oral evidence, issue of commission and return of documents and to pass
interim order .
20
(6) The inquiry officer shall complete inquiry within six months and submit report to the
Board within thirty days from the date on which the inquiry is concluded.
49. Time and manner for preparation of budget by mutawalli.
(1) Every mutawalli of a waqf shall submit a budget at least thirty days before the
beginning of the financial year to the Board showing its estimated receipts and
expenditure for the ensuing financial year in Form 17:
Provided that the budget so prepared shall be sustainable and deficit budget may be
avoided.
(2) The State/Union Territory Administration may give financial assistance in the form of
grants-in-aid to Board for meeting establishment expenditure.
(3) The Board shall scrutinise the budget proposal and ensure that provision has been made
therein for the obligatory expenditure referred to in sub-section (2) of section 44 of the
Act and for carrying out the purpose which may have been specifically enjoined on the
waqf by the deed of waqf.
(4) The Board may give such directions to modify the budget in case any item is considered
to be contrary to the objects of the waqf or the provisions of the Act.
(5) If the Board is satisfied that adequate provision for certain items has not been made in
the budget, it shall have power to modify it in such manner as may be necessary to secure
such provision and return it to the mutawalli concerned.
(6) Every mutawalli shall consider the suggestions and incorporate the modifications made
by the Board in the budget and pass the budget before the beginning of the financial year
to which it relates.
(7) Notwithstanding anything contained in these rules, the Board may direct a mutawalli to
modify its estimates to be in kee ping with the provisions of the Act and the waqf deed
and such mutawalli shall comply with the direction of the Board.
(8) As soon as the budget is passed, every mutawalli shall forthwith submit copies thereof
to the Board.
(9) No sum shall be expended by or on behalf of a waqf unless such sum is included in the
budget estimates sanctioned under section 44 of the Act and in force at the time of
incurring the expenditure.
(10) If in the course of the year, a mutawalli finds it necessary to alter the figures shown in the
budget with regard to receipts or the distribution of the amounts to be expended on the
21
different services undertaken by him on behalf of the waqf, a supplementary or revised
budget may be submitted to the Board.
50. Budget of auqafs under the direct management of Board .
(1) the Chief Executive Officer shall prepare the budget for all the auqafs under the direct
management of the Board for the next ensuing financial year by January of the current
financial year in Form 18 containing all details of estimates of receipts and expenditure
for the next financial year.
(2) (a) The Chief Executive Officer shall prepare the list of all the auqafs under the direct
management of the Board for which budget for the next ensuing financial year is
to be prepared under sub-rule (1) by the month of December of the current
financial year in Form 19.
(b) The Chief Executive Officer shall direct each of the officials of the auqafs under
the direct management by the Board to furnish the budget in respect of the next
ensuing financial year in Form 20.
(3) The budget so prepared under sub-rule (1) shall have a statement furnishing details of the
increase, if any, in the income of the auqafs during the current financial year and also the
steps taken for its better management and results obtained in Form 21.
(4) If the Board is satisfied that adequate provision has not been made in the budget, it shall
have power to modify it in such manner as may be necessary to secure such provision
and pass the budget before the beginning of the financial year to which it relates.
(5) If in the course of the year, the Chief Executive Officer finds it necessary to alter the
figures shown in the budget with regard to the receipts or the distribution of the amounts
to be expended on the different services undertaken by the Board on behalf of the waqf, a
supplemental or revised budget may be framed and submitted to the Board.
51. Interval at which accounts of auqaf may be audited.
(1) The accounts of the auqafs having net annual income exceeding fifty thousand rupees
shall be submitted to the Board by the mutawalli or the managing committee for audit
within three months of the close of the financial year.
(2) The accounts submitted under sub-rul e (1) shal l be audited by an auditor referred to in
clause (b) of sub-section (1) of section 47of the Act, within a period of one year of the
close of the financial year:
Provided that such account may be audited within a period of two years, with the
approval of the Chairperson for reasons to be recorded in writing.
22
52. Recovery of property transferr ed in contravention of Act.
(1) Upon receiving report from any person residing in the locality where the waqf property
is situated or upon receiving information otherwise that a waqf property has been
transferred in contravention of the provisions of sections 51 or section 56 of the Act, the
Board, on being satisfied from the register of auqaf, maintained under section 37 of the
Act that the property alleged to have been transferred is waqf property , shall obtain a
certified copy of the deed of transfer from the registration office concerned.
(2) The Chief Executive Officer shall draw up a report specifying therein fully the waqf
property , the details of the transfer deed executed in respect of the property , the name and
full particulars of the person executing the deed or other document and the name with
particulars of person or persons to whom the property has been transferred.
(3) The report shall be put up for orders of the Board which, after considering the report of
the Chief Executive Officer and inspecting such of the documents as may appear
necessary and/or making inquiry from such persons as is considered reasonable, pass
orders for sending a requisition to the Collector of the respective district to obtain and
deliver possession of the property to the Board.
(4) The requisition to the Collector shall be drawn by the Chief Executive Officer in Form
22 and sent to the Collector of the respective district through special messenger or by
registered post with acknowledgment due.
(5) The order passed by the Collector under sub-section (2) of section 52 of the Act, shall be
in Form 23.
(6) If the person against whom an order under sub-section (2) of section 52 of the Act is
issued, prefers an appeal to the T ribunal under sub-section (4) of the said section, he
shall send a copy of the memorandum of appeal to the Collector immediately on the day
of filing the appeal and the Collector shall arrange for its |
copy of the memorandum of appeal to the Collector immediately on the day
of filing the appeal and the Collector shall arrange for its defence and shall also give
intimation of such appeal to the Board.
(7) While obtaining possession of the property under sub-section (5) of section 52of the
Act,-
(a) no person executing the Collector's orders, shall enter any dwelling house without
giving forty-eight hours' notice to the occupants of the dwelling house;
(b) no outer door of any dwelling house shall be broken open unless the occupants of
such dwelling house refuse or in any way prevent access thereto;
(c) no person executing the Collector's order shall enter any dwelling house after
sunset and before sun rise.
23
different services undertaken by him on behalf of the waqf, a supplementary or revised
budget may be submitted to the Board.
50. Budget of auqafs under the direct management of Board .
(1) the Chief Executive Officer shall prepare the budget for all the auqafs under the direct
management of the Board for the next ensuing financial year by January of the current
financial year in Form 18 containing all details of estimates of receipts and expenditure
for the next financial year.
(2) (a) The Chief Executive Officer shall prepare the list of all the auqafs under the direct
management of the Board for which budget for the next ensuing financial year is
to be prepared under sub-rule (1) by the month of December of the current
financial year in Form 19.
(b) The Chief Executive Officer shall direct each of the officials of the auqafs under
the direct management by the Board to furnish the budget in respect of the next
ensuing financial year in Form 20.
(3) The budget so prepared under sub-rule (1) shall have a statement furnishing details of the
increase, if any, in the income of the auqafs during the current financial year and also the
steps taken for its better management and results obtained in Form 21.
(4) If the Board is satisfied that adequate provision has not been made in the budget, it shall
have power to modify it in such manner as may be necessary to secure such provision
and pass the budget before the beginning of the financial year to which it relates.
(5) If in the course of the year, the Chief Executive Officer finds it necessary to alter the
figures shown in the budget with regard to the receipts or the distribution of the amounts
to be expended on the different services undertaken by the Board on behalf of the waqf, a
supplemental or revised budget may be framed and submitted to the Board.
51. Interval at which accounts of auqaf may be audited.
(1) The accounts of the auqafs having net annual income exceeding fifty thousand rupees
shall be submitted to the Board by the mutawalli or the managing committee for audit
within three months of the close of the financial year.
(2) The accounts submitted under sub-rul e (1) shal l be audited by an auditor referred to in
clause (b) of sub-section (1) of section 47of the Act, within a period of one year of the
close of the financial year:
Provided that such account may be audited within a period of two years, with the
approval of the Chairperson for reasons to be recorded in writing.
22
52. Recovery of property transferr ed in contravention of Act.
(1) Upon receiving report from any person residing in the locality where the waqf property
is situated or upon receiving information otherwise that a waqf property has been
transferred in contravention of the provisions of sections 51 or section 56 of the Act, the
Board, on being satisfied from the register of auqaf, maintained under section 37 of the
Act that the property alleged to have been transferred is waqf property , shall obtain a
certified copy of the deed of transfer from the registration office concerned.
(2) The Chief Executive Officer shall draw up a report specifying therein fully the waqf
property , the details of the transfer deed executed in respect of the property , the name and
full particulars of the person executing the deed or other document and the name with
particulars of person or persons to whom the property has been transferred.
(3) The report shall be put up for orders of the Board which, after considering the report of
the Chief Executive Officer and inspecting such of the documents as may appear
necessary and/or making inquiry from such persons as is considered reasonable, pass
orders for sending a requisition to the Collector of the respective district to obtain and
deliver possession of the property to the Board.
(4) The requisition to the Collector shall be drawn by the Chief Executive Officer in Form
22 and sent to the Collector of the respective district through special messenger or by
registered post with acknowledgment due.
(5) The order passed by the Collector under sub-section (2) of section 52 of the Act, shall be
in Form 23.
(6) If the person against whom an order under sub-section (2) of section 52 of the Act is
issued, prefers an appeal to the T ribunal under sub-section (4) of the said section, he
shall send a copy of the memorandum of appeal to the Collector immediately on the day
of filing the appeal and the Collector shall arrange for its defence and shall also give
intimation of such appeal to the Board.
(7) While obtaining possession of the property under sub-section (5) of section 52of the
Act,-
(a) no person executing the Collector's orders, shall enter any dwelling house without
giving forty-eight hours' notice to the occupants of the dwelling house;
(b) no outer door of any dwelling house shall be broken open unless the occupants of
such dwelling house refuse or in any way prevent access thereto;
(c) no person executing the Collector's order shall enter any dwelling house after
sunset and before sun rise.
23
(8) After obtaining possession of the property , the Collector or any person duly authorised
by him in this behalf shall hand over the said property to the Board or to any person duly
authorised by the Board on proper acknowledgement.
53. Notice for removal of encroachment.
(1) A notice for removal of encroachment under sub-section (1) of section 54 of the Act
shall be served in Form 24 through serving officer/special messenger so appointed by
the Chief Executive Officer to the person for whom it is intended or to any adult member
of his family , or by sending by registered post in a letter addressed to that person at his
usual or last known place of residence or business.
(2) Where the notice under sub-rule (1) is delivered or tendered, the signature of the person
to whom the copy is delivered or tendered shall be obtained in token of
acknowledgement of the service.
(3) Where the person or the adult member of the family of such person refuses to sign the
acknowledgement, or where such person cannot be found after using all due and
reasonable diligence and there is no adult member of the family of such person, a copy of
the notice shall be affixed on the outer door or some other conspicuous part of the
ordinary residence or usual place of business of such person and where no constructions
is made and the premises are agricultural or non agricultural land , the notice shall be
affixed on some part of the property and the other notice shall be returned to the Chief
Executive Officer who issued the notice, with a report endorsed thereon or annexed
thereto, stating that a copy has been so affixed, the circumstances under which it was so
done and the name and address of the person, if any, who identified the ordinary
residence or usual place of business and in whose presence the copy was affixed.
(4) If the notice issued cannot be served in the manner specified above, the Chief Executive
Officer may, if he thinks fit, direct that such notice shall also be published in atleast one
newspaper having circulation in the locality and he may also proclaim the contents of
any notice in the locality by beat of drum or in any other manner which he may think
appropriate, in the facts and circumstances of each case.
54. Conducting of inquiry on encroachment of waqf property .
(1) In cases relating to encroachment of waqf property , the Chief Executive Officer may call
upon the parties to appear in person on specified date and time to put up their respective
claims in regard to encroachment over the property in dispute.
(2) Where any person who has received notice under rule 53, desires to be heard in person
or through his representative, the Chief Executive Of ficer shall authorise such hearing
in writing and the party may be authorised to produce evidence which he intend to
24
produce in support of the cause shown and the Chief Executive Officer shall fix a date for
personal hearing and scrutiny of evidence as he considers appropriate in each case.
(3) The Chief Executive Officer may hear the parties, receive all such evidence as may be
produced by them, take such further evidence, if any, as he thinks necessary in the facts
and circumstances of each case, record summary of the evidence tendered before him
and the summary of such evidence and any relevant documents filed before him shall
form part of the records of the proceeding.
(4) The records of enquiry in every case shall include.---
(a) a minute of the proceedings;
(b) notice calling for objections and objection received at the inquiry ;
(c) evidence received at the inquiry; and
(d) a brief record of reasons and the decision.
(5) Nothing shall preclude the Chief Executive Officer to listen to any party or required to
attend any other person interested to make statement regarding the subject matter in
dispute.
(6) After hearing the parties, perusing the objections and going through the evidence, if
Chief Executive Officer is satisfied that the property in question is waqf property and
there has been an encroachment on any such waqf property , he may by an order in Form
25, require the encroacher to remove such encroachment and deliver possession of the
land, building, space or other property encroached upon to the Board or a mutawalli of
the Board.
(7) When any party to any such proceeding dies, the Chief Executive Officer may cause the
legal representatives of the deceased party to be made a party to the proceedings and
shall thereupon continue the inquiry and if any question arises as to who shall be the legal
representatives of a deceased party for the purpose of such proceedings, then all the
persons claiming to be representatives of the deceased party shall be made parties.
(8) If the waqf property is not vacated within fifteen days of the receipt of the order under
sub-rule (6), the Chief Executive Officer may make an application before the Tribunal
for grant of order of eviction under sub-section (3) of section 54 of the Act for removing
such encroachment and deliver possession of the waqf property to the Board or the
mutawalli.
(9) The Tribunal, after giving an opportunity of being heard, to the person against whom
application has been made, pass order of eviction and cause a copy of the order of
eviction to be pasted on the waqf property .
25
(8) After obtaining possession of the property , the Collector or any person duly authorised
by him in this behalf shall hand over the said property to the Board or to any person duly
authorised by the Board on proper acknowledgement.
53. Notice for removal of encroachment.
(1) A notice for removal of encroachment under sub-section (1) of section 54 of the Act
shall be served in Form 24 through serving officer/special messenger so appointed by
the Chief Executive Officer to the person for whom it is intended or to any adult member
of his family , or by sending by registered post in a letter addressed to that person at his
usual or last known place of residence or business.
(2) Where the notice under sub-rule (1) is delivered or tendered, the signature of the person
to whom the copy is delivered or tendered shall be obtained in token of
acknowledgement of the service.
(3) Where the person or the adult member of the family of such person refuses to sign the
acknowledgement, or where such person cannot be found after using all due and
reasonable diligence and there is no adult member of the family of such person, a copy of
the notice shall be affixed on the outer door or some other conspicuous part of the
ordinary residence or usual place of business of such person and where no constructions
is made and the premises are agricultural or non agricultural land , the notice shall be
affixed on some part of the property and the other notice shall be returned to the Chief
Executive Officer who issued the notice, with a report endorsed thereon or annexed
thereto, stating that a copy has been so affixed, the circumstances under which it was so
done and the name and address of the person, if any, who identified the ordinary
residence or usual place of business and in whose presence the copy was affixed.
(4) If the notice issued cannot be served in the manner specified above, the Chief Executive
Officer may, if he thinks fit, direct that such notice shall also be published in atleast one
newspaper having circulation in the locality and he may also proclaim the contents of
any notice in the locality by beat of drum or in any other manner which he may think
appropriate, in the facts and circumstances of each case.
54. Conducting of inquiry on encroachment of waqf property .
(1) In cases relating to encroachment of waqf property , the Chief Executive Officer may call
upon the parties to appear in person on specified date and time to put up their respective
claims in regard to encroachment over the property in dispute.
(2) Where any person who has received notice under rule 53, desires to be heard in person
or through his representative, the Chief Executive Of ficer shall authorise such hearing
in writing and the party may be authorised to produce evidence which he intend to
24
produce in support of the cause shown and the Chief Executive Officer shall fix a date for
personal hearing and scrutiny of evidence as he considers appropriate in each case.
(3) The Chief Executive Officer may hear the parties, receive all such evidence as may be
produced by them, take such further evidence, if any, as he thinks necessary in the facts
and circumstances of each case, record summary of the evidence tendered before him
and the summary of such evidence and any relevant documents filed before him shall
form part of the records of the proceeding.
(4) The records of enquiry in every case shall include.---
(a) a minute of the proceedings;
(b) notice calling for objections and objection received at the inquiry ;
(c) evidence received at the inquiry; and
(d) a brief record of reasons and the decision.
(5) Nothing shall preclude the Chief Executive Officer to listen to any party or required to
attend any other person interested to make statement regarding the subject matter in
dispute.
(6) After hearing the parties, perusing the objections and going through the evidence, if
Chief Executive Officer is satisfied that the property in question is waqf property and
there has been an encroachment on any such waqf property , he may by an order in Form
25, require the encroacher to remove such encroachment and deliver possession of the
land, building, space or other property encroached upon to the Board or a mutawalli of
the Board.
(7) When any party to any such proceeding dies, the Chief Executive Officer may cause the
legal representatives of the deceased party to be made a party to the proceedings and
shall thereupon continue the inquiry and if any question arises as to who shall be the legal
representatives of a deceased party for the purpose of such proceedings, then all the
persons claiming to be represent |
legal
representatives of a deceased party for the purpose of such proceedings, then all the
persons claiming to be representatives of the deceased party shall be made parties.
(8) If the waqf property is not vacated within fifteen days of the receipt of the order under
sub-rule (6), the Chief Executive Officer may make an application before the Tribunal
for grant of order of eviction under sub-section (3) of section 54 of the Act for removing
such encroachment and deliver possession of the waqf property to the Board or the
mutawalli.
(9) The Tribunal, after giving an opportunity of being heard, to the person against whom
application has been made, pass order of eviction and cause a copy of the order of
eviction to be pasted on the waqf property .
25
(10) If any person fails to comply with the order of eviction passed by the T ribunal within
forty-five days of the service of the order , the Chief Executive Officer shall refer the
matter , in Form 26, to the Executive Magistrate of the area .
55. Assessment of damages. In assessing damages for unauthorised use and encroachment of
any waqf premises, the Chief Executive Officer shall take into consideration the following
matters, namely:
(a) the purpose and the period for which the waqf premises remained in unauthorised use;
(b) the nature, size and standard of the accommodation available in such premises;
(c) the rent that would have been released if the premises had been let out; on rent for the
period of encroachment to any other person;
(d) any damage done to the premises during the period of encroachment;
(e) any other matter relevant for the purpose of assessing the damages.
56. Procedur e regarding removal of mutawalli.
(1) The Chief Executive Of ficer shall issue a notice in Form 27 to the mutawalli against
whom action for removal is contemplated under section 64 of the Act for the purposes of
holding an inquiry against him.
(2) The Board shall conduct summary inquiry in the manner specified under rule 48.
(3) Upon the conduct of inquiry under sub-rule (2), and upon the order of suspension of the
mutawalli by the Board under sub-section (5) of section 64 of the Act, the Chief
Executive Officer shall issue a notice of suspension in Form 28 to the concerned
mutawalli calling upon him to explain as to why such order of suspension shall not be
issued to him.
57. Annual report relating to waqf under direct management of the Board. The other
details to be furnished in the report to be sent by the Board to the State Government under sub-
section (3) of section 65 of the Act shall be in Form 29.
58. Order of supersession of waqf management committees.
(1) Any committee entrusted with the supervision or management of a waqf shall have a
maximum term of three years unless the committee is superseded by the Board or it is in
contravention of waqf deed or approved scheme of management of the waqf.
(2) The Board shall, before issuing any order of suspension, issue a show cause notice in
Form 30 to a committee against whom action for suspension is contemplated under
26
sub-section (2) of section 67 of the Act calling upon the committee within such time, not
being less than one month as may be specified in notice, as to why such action shall not
be taken.
(3) The order of suspension passed by the Board under the proviso to sub- section (2) of
section 67 of the Act shall be published on the notice board of the concerned waqf,
District Waqf Advisory Committee office, and office of the State Board of Waqfs and
shall also be served on the concerned mutawalli.
(4) A copy of the order passed by the Board under sub-section (2) of section 67 shall be
supplied free of cost to the person adversely affected thereby and one copy of the same
shall be published in Urdu, Hindi and English/local language newspaper having
circulation in the area and on such publication, the order shall be binding on all persons
having any interest in the waqf.
(5) The Board shall, before issuing an order for removal of a member of the committee from
the membership of the managing committee under sub-section (6) of section 62 of the
Act, shall issue a show cause notice in Form 31 to such member calling upon him to
show cause as to why he shall not be removed from the membership of the committee.
59. Consultation relating to scheme for administration of waqf.
(1) Where the Board takes a decision to frame a scheme for the administration of a waqf
under sub-section (2) of section 69 of the Act, it shall issue a notice in Form 32 to the
mutawalli concerned, managing committee or the applicant.
(2) The proposed scheme shall contain the following details, namely:-
(a) name of the waqf;
(b) address;
(c) whether under the management of the mutawalli/managing committee or under
the direct management of the Board;
(d) details of the scheme/proposal;
(e) expenditure involved;
(f) income to be generated.
(3) The proposal of the mutawalli or the managing committee or the applicant shall be
considered by the Board who shall accord approval to the scheme with such
modifications as it may deem fit and shall communicate the same within fifteen days to
the mutawalli/managing committee or the applicant.
27
(10) If any person fails to comply with the order of eviction passed by the T ribunal within
forty-five days of the service of the order , the Chief Executive Officer shall refer the
matter , in Form 26, to the Executive Magistrate of the area .
55. Assessment of damages. In assessing damages for unauthorised use and encroachment of
any waqf premises, the Chief Executive Officer shall take into consideration the following
matters, namely:
(a) the purpose and the period for which the waqf premises remained in unauthorised use;
(b) the nature, size and standard of the accommodation available in such premises;
(c) the rent that would have been released if the premises had been let out; on rent for the
period of encroachment to any other person;
(d) any damage done to the premises during the period of encroachment;
(e) any other matter relevant for the purpose of assessing the damages.
56. Procedur e regarding removal of mutawalli.
(1) The Chief Executive Of ficer shall issue a notice in Form 27 to the mutawalli against
whom action for removal is contemplated under section 64 of the Act for the purposes of
holding an inquiry against him.
(2) The Board shall conduct summary inquiry in the manner specified under rule 48.
(3) Upon the conduct of inquiry under sub-rule (2), and upon the order of suspension of the
mutawalli by the Board under sub-section (5) of section 64 of the Act, the Chief
Executive Officer shall issue a notice of suspension in Form 28 to the concerned
mutawalli calling upon him to explain as to why such order of suspension shall not be
issued to him.
57. Annual report relating to waqf under direct management of the Board. The other
details to be furnished in the report to be sent by the Board to the State Government under sub-
section (3) of section 65 of the Act shall be in Form 29.
58. Order of supersession of waqf management committees.
(1) Any committee entrusted with the supervision or management of a waqf shall have a
maximum term of three years unless the committee is superseded by the Board or it is in
contravention of waqf deed or approved scheme of management of the waqf.
(2) The Board shall, before issuing any order of suspension, issue a show cause notice in
Form 30 to a committee against whom action for suspension is contemplated under
26
sub-section (2) of section 67 of the Act calling upon the committee within such time, not
being less than one month as may be specified in notice, as to why such action shall not
be taken.
(3) The order of suspension passed by the Board under the proviso to sub- section (2) of
section 67 of the Act shall be published on the notice board of the concerned waqf,
District Waqf Advisory Committee office, and office of the State Board of Waqfs and
shall also be served on the concerned mutawalli.
(4) A copy of the order passed by the Board under sub-section (2) of section 67 shall be
supplied free of cost to the person adversely affected thereby and one copy of the same
shall be published in Urdu, Hindi and English/local language newspaper having
circulation in the area and on such publication, the order shall be binding on all persons
having any interest in the waqf.
(5) The Board shall, before issuing an order for removal of a member of the committee from
the membership of the managing committee under sub-section (6) of section 62 of the
Act, shall issue a show cause notice in Form 31 to such member calling upon him to
show cause as to why he shall not be removed from the membership of the committee.
59. Consultation relating to scheme for administration of waqf.
(1) Where the Board takes a decision to frame a scheme for the administration of a waqf
under sub-section (2) of section 69 of the Act, it shall issue a notice in Form 32 to the
mutawalli concerned, managing committee or the applicant.
(2) The proposed scheme shall contain the following details, namely:-
(a) name of the waqf;
(b) address;
(c) whether under the management of the mutawalli/managing committee or under
the direct management of the Board;
(d) details of the scheme/proposal;
(e) expenditure involved;
(f) income to be generated.
(3) The proposal of the mutawalli or the managing committee or the applicant shall be
considered by the Board who shall accord approval to the scheme with such
modifications as it may deem fit and shall communicate the same within fifteen days to
the mutawalli/managing committee or the applicant.
27
(4) Every scheme framed by the Board under sub-rule (1) shall be published in Urdu/local
language newspaper having circulation in the area.
60. Manner of holding inquiry under section 71 of the Act.
(1) The Board or any person authorised by the Board may, either on an application received
or on its own motion, hold an enquiry under section 71 of the Act.
(2) The Board shall send a copy of the allegations made against the waqf to the management
of the waqf and obtain its explanation on each of the allegations.
(3) The inquiry relating to administration of the waqf shall be held in the manner specified
under rule 48.
61. Annual contribution payable by a mutawalli of waqf to the Board under section 72 of the
Act.
(1) The mutawalli of every waqf, the net annual income of which is not less than five
thousand rupees, shall pay annually to the Board, seven per cent of such annual income
as annual contribution.
(2) The mutawalli of a waqf shall , before the 15th day of June every year, submit a return
of the net annual income of the waqf and the contribution payable by it, in Form 33, to
the Chief Executive Officer.
(3) On receipt of a return under sub-rule (2), the Chief Executive Officer shall verify the
return submitted by the mutawalli and if he is satisfied as to the correctness of the return,
may fix the annual contribution in accordance with such return and if no return is filed
within the specified time, the Chief Executive Officer shall suo moto fix the annual
contribution to be paid by the mutawalli.
(4) In case the Chief Executive Officer is of the opinion that the return submitted under sub-
rule (2) is incorrect or false in any material particular , or the contents of such return do
not comply with the provisions of the Act or the rules made or any order issued by the
Board, he may, call upon the mutawalli to show cause within the time specified in the
notice as to why such assessment of the return shall not be revised.
(5) The Chief Executive Officer, after considering the reply if any, received from the
mutawalli concerned, may assess the net annual income of the waqf to the best of his
judgment or revise the net annual income as shown in the return submitted by the
mutawalli and the net annual income as assessed or revised shall be deemed to be the net
annual income of the waqf.
(6) No contribution payable by a mutawalli under the rule shall be remitted or reduced
except with the previous sanction of the Board.
28
(7) The reduction or remission sanctioned by the Board shall be operative only for the year
for which it is sanctioned provided that where its continuance in subsequent year is
found necessary , the Board shall give fresh sanction.
(8) The Board may, on an application from a mutawalli, by order , sanction remission or
reduction of the contribution to be paid by mutawalli in the following cases, namely:-
(a) loss of money , stores of articles of the waqf not due to the negligence of the
mutawalli or other employees of the waqf;
(b) loss of income due to failure of crop on account of drought or other unforeseen
causes like flood;
(c) paucity of funds due to the mismanagement of the previous mutawalli;
(d) paucity of funds due to non-recovery of loans, advances and debt;
(e) where the waqf supports an orphanage whose resources are insuf ficient for its due
management; and
(f) other causes, approved by the Board with three-fourths majority .
(9) Before a reduction or remission of contribution is sanctioned, the Board shall make a
thorough investigation into the circumstances of each case and satisfy itself that such
reduction or remission is necessary .
62. Payment of monies into Waqf Fund and investment of such money under section 77 of the
Act .
(1) The Board shall authorise one of its of ficers (hereinafter referred to as "the authorised
officer") to receive all payments to the Waqf Fund, to issue receipts and to make
payments on behalf of the Board.
(2) (a) The authorised officer shall be required to furnish to the Board, securities or
sureties for such amount as the Board may specify in that behalf.
(b) Solvency of sureties shall be verified by the Sub-Divisional Magistrate of the area
where the official is residing at the beginning of each year.
(3) The authorised officer shall grant receipts for all moneys received by him to the credit of
the Waqf Fund and counterfoil receipt bearing printed receipt numbers shall be
maintained for the purpose.
(4) All such monies shall immediately be deposited in-
(a) a Scheduled Bank as defined in the Reserve Bank of India, Act, 1934 (2 of 1934),
or
29
(4) Every scheme framed by the Board under sub-rule (1) shall be published in Urdu/local |
29
(4) Every scheme framed by the Board under sub-rule (1) shall be published in Urdu/local
language newspaper having circulation in the area.
60. Manner of holding inquiry under section 71 of the Act.
(1) The Board or any person authorised by the Board may, either on an application received
or on its own motion, hold an enquiry under section 71 of the Act.
(2) The Board shall send a copy of the allegations made against the waqf to the management
of the waqf and obtain its explanation on each of the allegations.
(3) The inquiry relating to administration of the waqf shall be held in the manner specified
under rule 48.
61. Annual contribution payable by a mutawalli of waqf to the Board under section 72 of the
Act.
(1) The mutawalli of every waqf, the net annual income of which is not less than five
thousand rupees, shall pay annually to the Board, seven per cent of such annual income
as annual contribution.
(2) The mutawalli of a waqf shall , before the 15th day of June every year, submit a return
of the net annual income of the waqf and the contribution payable by it, in Form 33, to
the Chief Executive Officer.
(3) On receipt of a return under sub-rule (2), the Chief Executive Officer shall verify the
return submitted by the mutawalli and if he is satisfied as to the correctness of the return,
may fix the annual contribution in accordance with such return and if no return is filed
within the specified time, the Chief Executive Officer shall suo moto fix the annual
contribution to be paid by the mutawalli.
(4) In case the Chief Executive Officer is of the opinion that the return submitted under sub-
rule (2) is incorrect or false in any material particular , or the contents of such return do
not comply with the provisions of the Act or the rules made or any order issued by the
Board, he may, call upon the mutawalli to show cause within the time specified in the
notice as to why such assessment of the return shall not be revised.
(5) The Chief Executive Officer, after considering the reply if any, received from the
mutawalli concerned, may assess the net annual income of the waqf to the best of his
judgment or revise the net annual income as shown in the return submitted by the
mutawalli and the net annual income as assessed or revised shall be deemed to be the net
annual income of the waqf.
(6) No contribution payable by a mutawalli under the rule shall be remitted or reduced
except with the previous sanction of the Board.
28
(7) The reduction or remission sanctioned by the Board shall be operative only for the year
for which it is sanctioned provided that where its continuance in subsequent year is
found necessary , the Board shall give fresh sanction.
(8) The Board may, on an application from a mutawalli, by order , sanction remission or
reduction of the contribution to be paid by mutawalli in the following cases, namely:-
(a) loss of money , stores of articles of the waqf not due to the negligence of the
mutawalli or other employees of the waqf;
(b) loss of income due to failure of crop on account of drought or other unforeseen
causes like flood;
(c) paucity of funds due to the mismanagement of the previous mutawalli;
(d) paucity of funds due to non-recovery of loans, advances and debt;
(e) where the waqf supports an orphanage whose resources are insuf ficient for its due
management; and
(f) other causes, approved by the Board with three-fourths majority .
(9) Before a reduction or remission of contribution is sanctioned, the Board shall make a
thorough investigation into the circumstances of each case and satisfy itself that such
reduction or remission is necessary .
62. Payment of monies into Waqf Fund and investment of such money under section 77 of the
Act .
(1) The Board shall authorise one of its of ficers (hereinafter referred to as "the authorised
officer") to receive all payments to the Waqf Fund, to issue receipts and to make
payments on behalf of the Board.
(2) (a) The authorised officer shall be required to furnish to the Board, securities or
sureties for such amount as the Board may specify in that behalf.
(b) Solvency of sureties shall be verified by the Sub-Divisional Magistrate of the area
where the official is residing at the beginning of each year.
(3) The authorised officer shall grant receipts for all moneys received by him to the credit of
the Waqf Fund and counterfoil receipt bearing printed receipt numbers shall be
maintained for the purpose.
(4) All such monies shall immediately be deposited in-
(a) a Scheduled Bank as defined in the Reserve Bank of India, Act, 1934 (2 of 1934),
or
29
(b) a Post Office Savings Bank Account.
(5) (a) All deposits shall be made in the name of the Board.
(b) The Chairperson and any other member or officer of the Board authorised in this
behalf by the Board shall have the powers to withdraw such deposit or any part
thereof and operate on the bank account, subject to such conditions as the Board
may think proper .
(6) No money shall be withdrawn from the bank unless it is required for immediate payment
for the purpose of the Board.
(7) The appropriation of receipts to expenditure shall be avoided.
(8) (a) Payments from the Waqf Fund shall be made by cash or cheque.
(b) Cheque shall not be issued for sums less than five hundred rupees.
(9) Monies indisputably payable shall not be left unpaid and money paid shall not be kept
out of the account a day longer than absolutely necessary .
(10) (a) Any person having a claim against the Board shall present a voucher duly verified
and stamped.
(b) All vouchers shall be filled and signed in ink.
(c) The amount shall be written in figures as well as in words.
(d) All corrections and alterations in the vouchers shall be attested by the dated initials
of the person signing the voucher .
(11)Receipts for all sums exceeding five thousand rupees either by cash or cheque shall bear
the revenue stamp of the requisite value.
(12) An officer authorised to handle the monies of the W aqf Fund shall be responsible for
their custody and also for reimbursing to the Board, in case of any loss by theft, fraud,
fire or any other cause:
Provided that if in any case, after such inquiry as the Board may make, the Board is
satisfied that the loss was unavoidable and was not due to any negligence on the part of
the officer responsible for the proper custody of the amount, the Board may not insist on
reimbursement of the amount of the loss by the officer concerned, but may write it off.
(13) Amount not required for expenditure during the year shall be invested by the Board-
(a) in one or other of the following securities:-
(i) promissory notes, debentures, stocks or other securities of the Central
Government;
30
(ii) stock or debentures of, or shares in companies, the interest wherein shall
have been guaranteed by the State Government or the Central Government;
(iii) debentures or other securities for money issued by or on behalf of any
Municipal body under the authority of any Act; or
(b) in fixed deposits for a period not exceeding three years in-
(i) a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (2 of
1934); or
(ii) for the purchase or for the first mortgage of immovable property with the
previous sanction of the Government.
(14) The investment under sub-rule (13) shall not be pledged, encashed or withdrawn without
the prior sanction of the Board.
(15) (a) The Board shall cause to be maintained such books of account and other books in
relation to its accounts in such form and in such manner as may be specified by it.
(b) The pages in the account books, registers, receipts, etc., shall be serially numbered
and each page shall be affixed with the seal of the Board.
(c) The number of pages that each book or register contains shall be noted on the first
page after actual verification by the Chief Executive Officer.
(16) It shall be the responsibility of the Chief Executive Officer to ensure that the
contributions, fees, rents and other amounts due to the Board are promptly demanded,
released and credited to the Waqf Fund.
(17) The Chief Executive Officer shall be in charge of the work relating to the finance, budget
and accounts of the Board.
(18) The Chief Executive Officer shall, in relation to the budget, account, and audit of the
Board, -
(a) be responsible for ensuring that the budget estimates of the Board are properly
framed keeping in view the instructions issued by the Board and the Government
in this behalf and submitted to the Board within the time schedule;
(b) scrutinise the budget proposals submitted by the mutawallis thoroughly and assist
the Board in scrutinising the budget proposals;
(c) examine and advise on all scheme of new expenditure for which it is proposed to
make a provision in the budget;
(d) ensure that monthly and annual accounts of the Board are compiled properly and
promptly;
31
(b) a Post Office Savings Bank Account.
(5) (a) All deposits shall be made in the name of the Board.
(b) The Chairperson and any other member or officer of the Board authorised in this
behalf by the Board shall have the powers to withdraw such deposit or any part
thereof and operate on the bank account, subject to such conditions as the Board
may think proper .
(6) No money shall be withdrawn from the bank unless it is required for immediate payment
for the purpose of the Board.
(7) The appropriation of receipts to expenditure shall be avoided.
(8) (a) Payments from the Waqf Fund shall be made by cash or cheque.
(b) Cheque shall not be issued for sums less than five hundred rupees.
(9) Monies indisputably payable shall not be left unpaid and money paid shall not be kept
out of the account a day longer than absolutely necessary .
(10) (a) Any person having a claim against the Board shall present a voucher duly verified
and stamped.
(b) All vouchers shall be filled and signed in ink.
(c) The amount shall be written in figures as well as in words.
(d) All corrections and alterations in the vouchers shall be attested by the dated initials
of the person signing the voucher .
(11)Receipts for all sums exceeding five thousand rupees either by cash or cheque shall bear
the revenue stamp of the requisite value.
(12) An officer authorised to handle the monies of the W aqf Fund shall be responsible for
their custody and also for reimbursing to the Board, in case of any loss by theft, fraud,
fire or any other cause:
Provided that if in any case, after such inquiry as the Board may make, the Board is
satisfied that the loss was unavoidable and was not due to any negligence on the part of
the officer responsible for the proper custody of the amount, the Board may not insist on
reimbursement of the amount of the loss by the officer concerned, but may write it off.
(13) Amount not required for expenditure during the year shall be invested by the Board-
(a) in one or other of the following securities:-
(i) promissory notes, debentures, stocks or other securities of the Central
Government;
30
(ii) stock or debentures of, or shares in companies, the interest wherein shall
have been guaranteed by the State Government or the Central Government;
(iii) debentures or other securities for money issued by or on behalf of any
Municipal body under the authority of any Act; or
(b) in fixed deposits for a period not exceeding three years in-
(i) a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 (2 of
1934); or
(ii) for the purchase or for the first mortgage of immovable property with the
previous sanction of the Government.
(14) The investment under sub-rule (13) shall not be pledged, encashed or withdrawn without
the prior sanction of the Board.
(15) (a) The Board shall cause to be maintained such books of account and other books in
relation to its accounts in such form and in such manner as may be specified by it.
(b) The pages in the account books, registers, receipts, etc., shall be serially numbered
and each page shall be affixed with the seal of the Board.
(c) The number of pages that each book or register contains shall be noted on the first
page after actual verification by the Chief Executive Officer.
(16) It shall be the responsibility of the Chief Executive Officer to ensure that the
contributions, fees, rents and other amounts due to the Board are promptly demanded,
released and credited to the Waqf Fund.
(17) The Chief Executive Officer shall be in charge of the work relating to the finance, budget
and accounts of the Board.
(18) The Chief Executive Officer shall, in relation to the budget, account, and audit of the
Board, -
(a) be responsible for ensuring that the budget estimates of the Board are properly
framed keeping in view the instructions issued by the Board and the Government
in this behalf and submitted to the Board within the time schedule;
(b) scrutinise the budget proposals submitted by the mutawallis thoroughly and assist
the Board in scrutinising the budget proposals;
(c) examine and advise on all scheme of new expenditure for which it is proposed to
make a provision in the budget;
(d) ensure that monthly and annual accounts of the Board are compiled properly and
promptly;
31
(e) obtain necessary periodical returns of progress of expenditure, watch and review
the progress against sanctioned amounts and issue such instructions as may be
found necessary to the officers and employees of the Board;
(f) scrutinise the proposals for supplementary grants and advise the Board suitably;
(g) keep himself in regular touch with the audit objections and inspection reports of
the audit and for their early settlement;
(h) keep a close watch on the recoveries of dues to the Board and repayment of loan
and interest;
(i) be responsible for the maintenance of accounts of the Board;
(j) obtain periodical returns of stores and stocks and their value from the officers and
review them and offer his remarks on such accounts and place it before the Board;
(k) furnish any information and statistics that may be called for by the Board on
matters relating to budget, accounts and audit;
(l) arrange for internal audit of accounts of the Board periodically and take urgent
steps to rectify any defects noticed during such audit;
(m) report to the Board all instances of payments made contrary to the rules and
regulations including cases where payments are made in the absence of any
provision in the budget estimates.
(13) The Board may prepare revised estimates during the financial year keeping in view the
actual and probable expenditure during the year.
63. Budget of Board .
(1) The Chief Executive Officer shall in |
the
actual and probable expenditure during the year.
63. Budget of Board .
(1) The Chief Executive Officer shall in every year prepare in Form 34, a budget in respect
of the ensuing financial year , showing the estimated receipts and expenditure during
that financial year and place before the Board by 31st December .
(2) The Board shall scrutinise the budget proposal and make suitable modification, if
necessary , and forward a copy of the same to the Government before 31st January .
(3) On receipt of the budget forwarded to it, the Government shall examine the same and
suggest such alterations, corrections or modifications, to be made therein as it may think
fit and forward such suggestions to the Board for its consideration.
(4) On receipt of the suggestions from the Government, if the Board does not agree with any
modifications, corrections or alterations made by the Government in the Budget, the
Board may forthwith make written representation to the Government with regard to the
alterations, corrections or modifications suggested by the Government.
32
(5) The Government shall consider the representation of the Board and pass final orders in
the matter and communicate its decision within a period of three weeks from the date of
receipt of such representation.
(6) On receipt of the suggestions from the Government and if no representation has been
made by the Board to such suggestions or the Government has communicated its
decision regarding any representation, if any, made by the Board, the Board shall
incorporate in its budget all the alterations, corrections, modifications finally suggested
by the Government and the budget so altered corrected or modified, shall be passed by
the Board.
(7) A copy of the budget so passed shall be forwarded to the Government and in case no
objection is received from the Government within fifteen days, the budget shall be
declared to be final.
(8) If, in the course of the year, the Board finds it necessary to alter the figures shown in the
budget with regard to the receipts or the distribution of the amounts to be expended on
the different services undertaken by the Board, a supplemental or revised budget may be
framed and got sanctioned in the manner provided in these rules and copies thereof
forwarded to the Government.
(9) No sum shall be expended by the Board unless such sum is included in the budget
estimates sanctioned under section 78 of the Act and in force at the time of incurring the
expenditure.
64. Time limit for filing application to Tribunal.
(1) Any party aggrieved by the decision of the Board under sub-section (1) or sub-section
(3) of section 40 of the Act, may file an appeal to the Tribunal within thirty days from the
date of the decision.
(2) Any person aggrieved by an order of the Chief Executive Officer under sub-section (3)
of section 54 of the Act may institute a suit in the Tribunal within sixty days from the date
of the said order .
65. Terms and conditions of appointment of Chairman and members of Tribunal.
(1) The appointment of Chairman under clause (a) and a member under clause (b) of sub-
section (4) of section 83 of the Act shall be on deputation basis, subject to usual terms of
deputation as applicable.
(2) A person shall not be qualified for appointment as member under clause (c) of sub-
section (4) of section 83 unless he possess Masters degree in Islamic studies
/Urdu/Persian/Arabic or a Bachelor of Law, having knowledge of Urdu and Arabic:
33
(e) obtain necessary periodical returns of progress of expenditure, watch and review
the progress against sanctioned amounts and issue such instructions as may be
found necessary to the officers and employees of the Board;
(f) scrutinise the proposals for supplementary grants and advise the Board suitably;
(g) keep himself in regular touch with the audit objections and inspection reports of
the audit and for their early settlement;
(h) keep a close watch on the recoveries of dues to the Board and repayment of loan
and interest;
(i) be responsible for the maintenance of accounts of the Board;
(j) obtain periodical returns of stores and stocks and their value from the officers and
review them and offer his remarks on such accounts and place it before the Board;
(k) furnish any information and statistics that may be called for by the Board on
matters relating to budget, accounts and audit;
(l) arrange for internal audit of accounts of the Board periodically and take urgent
steps to rectify any defects noticed during such audit;
(m) report to the Board all instances of payments made contrary to the rules and
regulations including cases where payments are made in the absence of any
provision in the budget estimates.
(13) The Board may prepare revised estimates during the financial year keeping in view the
actual and probable expenditure during the year.
63. Budget of Board .
(1) The Chief Executive Officer shall in every year prepare in Form 34, a budget in respect
of the ensuing financial year , showing the estimated receipts and expenditure during
that financial year and place before the Board by 31st December .
(2) The Board shall scrutinise the budget proposal and make suitable modification, if
necessary , and forward a copy of the same to the Government before 31st January .
(3) On receipt of the budget forwarded to it, the Government shall examine the same and
suggest such alterations, corrections or modifications, to be made therein as it may think
fit and forward such suggestions to the Board for its consideration.
(4) On receipt of the suggestions from the Government, if the Board does not agree with any
modifications, corrections or alterations made by the Government in the Budget, the
Board may forthwith make written representation to the Government with regard to the
alterations, corrections or modifications suggested by the Government.
32
(5) The Government shall consider the representation of the Board and pass final orders in
the matter and communicate its decision within a period of three weeks from the date of
receipt of such representation.
(6) On receipt of the suggestions from the Government and if no representation has been
made by the Board to such suggestions or the Government has communicated its
decision regarding any representation, if any, made by the Board, the Board shall
incorporate in its budget all the alterations, corrections, modifications finally suggested
by the Government and the budget so altered corrected or modified, shall be passed by
the Board.
(7) A copy of the budget so passed shall be forwarded to the Government and in case no
objection is received from the Government within fifteen days, the budget shall be
declared to be final.
(8) If, in the course of the year, the Board finds it necessary to alter the figures shown in the
budget with regard to the receipts or the distribution of the amounts to be expended on
the different services undertaken by the Board, a supplemental or revised budget may be
framed and got sanctioned in the manner provided in these rules and copies thereof
forwarded to the Government.
(9) No sum shall be expended by the Board unless such sum is included in the budget
estimates sanctioned under section 78 of the Act and in force at the time of incurring the
expenditure.
64. Time limit for filing application to Tribunal.
(1) Any party aggrieved by the decision of the Board under sub-section (1) or sub-section
(3) of section 40 of the Act, may file an appeal to the Tribunal within thirty days from the
date of the decision.
(2) Any person aggrieved by an order of the Chief Executive Officer under sub-section (3)
of section 54 of the Act may institute a suit in the Tribunal within sixty days from the date
of the said order .
65. Terms and conditions of appointment of Chairman and members of Tribunal.
(1) The appointment of Chairman under clause (a) and a member under clause (b) of sub-
section (4) of section 83 of the Act shall be on deputation basis, subject to usual terms of
deputation as applicable.
(2) A person shall not be qualified for appointment as member under clause (c) of sub-
section (4) of section 83 unless he possess Masters degree in Islamic studies
/Urdu/Persian/Arabic or a Bachelor of Law, having knowledge of Urdu and Arabic:
33
Provided that the candidate must have adequate knowledge of English.
(3) Selection of a member referred to in clause (c) of sub-section (4) of section 83 of the Act
shall be made by a Board headed by the Secretary (Law) in the Government as
Chairperson; an Islamic Scholar of repute; and Chairman/Member of Bar Council as
members.
(4) Tenure of the member so selected under sub-rule (3) shall be for a period of three years,
extendable for a further period of two years at a time.
(5) Age of the member so selected under sub-rule (3) shall be below 50 years.
(6) Scale of pay of t he member referred to in sub-rule (3) shall be Rupees 15,600-39,100
with the grade pay of Rupees 7,600 plus usual allowances as admissible to group A
officers.
(7) Leave of various kinds to members under this rule shall be as admissible to Government
employees.
(8) (a) The deputation of Chairman and member of the Tribunal referred to sub-rule (1),
shall be for a period of three years, which may be extended for a further period of
two years at the direction of the Government.
(b) The age of superannuation of the Chairman and the member referred to in sub-rule
(1) shall be the last day of the month in which the officer attains the age of sixty
two years.
66. Filing of application for suits/appeal befor e Tribunal.
(1) An application under rule 64 shall be made in Form 35.
(2) An application filed before the Tribunal under sub-rule (1) shall be signed by the
applicant and shall be presented by him in person or by his authorised representative to
the Registrar or to an officer authorised by him in this behalf.
(3) The application filed under sub-rule (1) shall be accompanied by documents upon which
the petitioner seeks to rely.
(4) The applicant shall file along with the application as many as additional copies of the
application and documents as are the number of the respondents.
(5) The Tribunal may, in its discretion, accept an application for hearing under sub-rule (1),
which is not accompanied by all or any of the documents, referred to above.
(6) Every application filed under this rule shall set forth a clear statement of facts concisely
and under distinct and separate heads, and such ground of facts and relief claimed
therein, shall be numbered consecutively .
34
(7) The application for interim relief shall set forth clearly and precisely any loss being
caused to the applicant which cannot be adequately compensated in terms of money .
(8) Any applications before the T ribunal relating to suits against the Board which do not
comply with the mandatory provision of two months notice under section 89 of the Act
shall be dismissed summarily .
67. Other procedur e to be followed by Tribunal.
(1) The Registrar or an officer authorised by him in this behalf shall endorse on every
application, the date on which it was presented and fix the date for appearance before the
Tribunal and shall sign the endorsement in token thereof.
(2) Every application shall be registered or numbered by the Registrar or the officer
authorised by him in his behalf in a register to be kept for this purpose.
(3) The Tribunal shall maintain such registers as prescribed for use in civil courts as may be
necessary .
(4) A copy of the memorandum of application, shall be served on the other party prior to
filing of the same before the Tribunal:
Provided that in cases of extreme urgency , the Tribunal may, on an application if
considers expedient so to do, dispense with the service of the copy of the application on
the other party .
(5) Every application, plaint or memorandum of appeal or an application for execution or
other application shall be accompanied by court fee.
(6) Written statement to the application preferred before the Tribunal may not be entertained
from the respondent after sixty days have elapsed from the date of filing the application:
Provided that if the Tribunal is satisfied that the respondent was prevented by sufficient
cause from filing the written statement within the said period of sixty days, it may
entertain the written statement within a further period of thirty days, but not thereafter .
(7) Reply to the written statement preferred before the Tribunal may not be entertained after
sixty days have elapsed from the date of filing the written statement:
Provided that if the T ribunal is satisfied that the applicant was prevented by sufficient
cause from filing the reply within the said period of sixty days, it may entertain the reply
within a further period of thirty days, but not thereafter .
(8) Maximum three applications each by the applicant and the respondent shall be allowed
for adjournments on any ground and not thereafter .
35
Provided that the candidate must have adequate knowledge of English.
(3) Selection of a member referred to in clause (c) of sub-section (4) of section 83 of the Act
shall be made by a Board headed by the Secretary (Law) in the Government as
Chairperson; an Islamic Scholar of repute; and Chairman/Member of Bar Council as
members.
(4) Tenure of the member so selected under sub-rule (3) shall be for a period of three years,
extendable for a further period of two years at a time.
(5) Age of the member so selected under sub-rule (3) shall be below 50 years.
(6) Scale of pay of t he member referred to in sub-rule (3) shall be Rupees 15,600-39,100
with the grade pay of Rupees 7,600 plus usual allowances as admissible to group A
officers.
(7) Leave of various kinds to members under this rule shall be as admissible to Government
employees.
(8) (a) The deputation of Chairman and member of the Tribunal referred to sub-rule (1),
shall be for a period of three years, which may be extended for a further period of
two years at the direction of the Government.
(b) The age of superannuation of the Chairman and the member referred to in sub-rule
(1) shall be the last day of the month in which the officer attains the age of sixty
two years.
66. Filing of application for suits/appeal befor e Tribunal.
(1) An application under rule 64 shall be made in Form 35.
(2) An application filed before the Tribunal under sub-rule (1) shall be signed by the
applicant and shall be presented by him in person or by his authorised representative to
the Registrar or to an officer authorised by him in this behalf.
(3) The application filed under sub-rule (1) shall be accompanied by documents upon which
the petitioner seeks to rely.
(4) The applicant shall file along with the application as many as additional copies of the
application and documents as are the number of the respondents.
(5) The Tribunal may, in its discretion, accept an application for hearing under sub-rule (1),
which is not accompanied by all or any of the documents, referred to above.
(6) Every application filed under this rule shall set forth a clear statement of facts concisely
and under distinct and separate heads, and such ground of facts and relief claimed
therein, shall be numbered consecutively |
concisely
and under distinct and separate heads, and such ground of facts and relief claimed
therein, shall be numbered consecutively .
34
(7) The application for interim relief shall set forth clearly and precisely any loss being
caused to the applicant which cannot be adequately compensated in terms of money .
(8) Any applications before the T ribunal relating to suits against the Board which do not
comply with the mandatory provision of two months notice under section 89 of the Act
shall be dismissed summarily .
67. Other procedur e to be followed by Tribunal.
(1) The Registrar or an officer authorised by him in this behalf shall endorse on every
application, the date on which it was presented and fix the date for appearance before the
Tribunal and shall sign the endorsement in token thereof.
(2) Every application shall be registered or numbered by the Registrar or the officer
authorised by him in his behalf in a register to be kept for this purpose.
(3) The Tribunal shall maintain such registers as prescribed for use in civil courts as may be
necessary .
(4) A copy of the memorandum of application, shall be served on the other party prior to
filing of the same before the Tribunal:
Provided that in cases of extreme urgency , the Tribunal may, on an application if
considers expedient so to do, dispense with the service of the copy of the application on
the other party .
(5) Every application, plaint or memorandum of appeal or an application for execution or
other application shall be accompanied by court fee.
(6) Written statement to the application preferred before the Tribunal may not be entertained
from the respondent after sixty days have elapsed from the date of filing the application:
Provided that if the Tribunal is satisfied that the respondent was prevented by sufficient
cause from filing the written statement within the said period of sixty days, it may
entertain the written statement within a further period of thirty days, but not thereafter .
(7) Reply to the written statement preferred before the Tribunal may not be entertained after
sixty days have elapsed from the date of filing the written statement:
Provided that if the T ribunal is satisfied that the applicant was prevented by sufficient
cause from filing the reply within the said period of sixty days, it may entertain the reply
within a further period of thirty days, but not thereafter .
(8) Maximum three applications each by the applicant and the respondent shall be allowed
for adjournments on any ground and not thereafter .
35
(9) In case of division between the members of the Tribunal, decision of the majority of the
members of the Tribunal shall prevail.
(10) Final hearing of any matter shall take place before the full bench:
Provided that matters other than final hearing may be entertained by a single member or
two members in the absence of the third member .
68. Powers to dismiss application without sending notice to the respondent. The Tribunal,
after considering all aspects of the application and after hearing the applicant or his authorised
representative, may dismiss the application, without sending notice to the respondents.
69. Service of notices :
(1) Every notice to petitioner/respondents in the application shall be sent and served through
Registered Post with acknowledgment due.
(2) Where the Tribunal is satisfied that the notice cannot be served in ordinary way and
there are reasons to believe that the petitioner/respondents are keeping themselves away
for the purposes of avoiding service of the notice, the Tribunal shall order substitute
service of notice in accordance with the provisions of order 5 of rule 20 of the Code of
Civil Procedure, 1908 (5 of 1908).
70. Date of hearing of application, etc. Unless the Tribunal dismisses the application , it shall
notify the parties the date and place of hearing of the application, etc.
71. Proceedings to be open to public. The proceedings before the Tribunal shall be open to the
public:
Provided that the T ribunal may, if it thinks fit, order at any stage of the proceedings that the
public generally or any person in particular shall not have access to or remain in the room of the
Tribunal.
72. Order of Tribunal.
(1) Every application filed before the Tribunal shall be heard and disposed of in accordance
with the procedure set out for hearing of suits and appeals in the Code of Civil Procedure,
1908 (5 of 1905) and the ( Name of State) Civil Rules of Practice.
(2) Every order of the T ribunal shall be in writing and shall be signed and dated under its
seal.
73. Supply of copies of the order to parties. Every order of the Tribunal dismissing or allowing
the application, shall be communicated to the parties or to their authorised representatives free
of cost.
36
3774. Orders and directions in certain cases. The Tribunal may, notwithstanding any of the
foregoing provisions, give such orders or give such directions as may be necessary or
expedient to secure the ends of justice.
75. Language of Tribunal. The language of the Tribunal shall be English:
Provided that the parties to proceedings before the Tribunal may file documents/proceedings
drawn up in Urdu or Hindi or the regional language, if they so desire:
Provided further that every such document/proceedings in Urdu/Hindi/local language shall be
accompanied by its true translation into English:
Provided that the Tribunal may, in its discretion, permit the use of local regional language in the
proceedings but the final order shall be in English.
76. Seal of the Tribunal. The official seal of the Tribunal shall be such as the Government may
specify .
77. Code of Civil Procedur e and the (Name of the State) High Court rules to
be generally followed. In deciding any question relating to the procedure not specially
provided by the Act or these rules, the Tribunal shall, as far as possible, be guided by the
provisions contained in the Code of Civil Procedure, 1908 ( 5 of 1908) and the. High
Court Rules.
78. Annual report.
(1) The Government shall, as soon as after 1st day of April in every year, cause the annual
report of the Board to be prepared in Form 36.
(2) The Board shall submit its annual report detailing activities of the preceding financial
year, to the Government by the end of July every year.
(3) The Government shall finalise the annual report of the Board by the end of September
and such report shall be laid before the House or both the Houses of State Legislature, as
the case may be, in its next session.
79. Suits by or against the Board.
(1) The Chairperson or the Chief Executive Officer shall be competent to sanction -
(a) filing of suit, writ, appeal or cases connected with a waqf matter/ property before
the Tribunal/Court or any other authority;
(b) defending of suit, writ, appeal or cases connected with a waqf matter/ property
before the Tribunal/Court or any other authority .
(9) In case of division between the members of the Tribunal, decision of the majority of the
members of the Tribunal shall prevail.
(10) Final hearing of any matter shall take place before the full bench:
Provided that matters other than final hearing may be entertained by a single member or
two members in the absence of the third member .
68. Powers to dismiss application without sending notice to the respondent. The Tribunal,
after considering all aspects of the application and after hearing the applicant or his authorised
representative, may dismiss the application, without sending notice to the respondents.
69. Service of notices :
(1) Every notice to petitioner/respondents in the application shall be sent and served through
Registered Post with acknowledgment due.
(2) Where the Tribunal is satisfied that the notice cannot be served in ordinary way and
there are reasons to believe that the petitioner/respondents are keeping themselves away
for the purposes of avoiding service of the notice, the Tribunal shall order substitute
service of notice in accordance with the provisions of order 5 of rule 20 of the Code of
Civil Procedure, 1908 (5 of 1908).
70. Date of hearing of application, etc. Unless the Tribunal dismisses the application , it shall
notify the parties the date and place of hearing of the application, etc.
71. Proceedings to be open to public. The proceedings before the Tribunal shall be open to the
public:
Provided that the T ribunal may, if it thinks fit, order at any stage of the proceedings that the
public generally or any person in particular shall not have access to or remain in the room of the
Tribunal.
72. Order of Tribunal.
(1) Every application filed before the Tribunal shall be heard and disposed of in accordance
with the procedure set out for hearing of suits and appeals in the Code of Civil Procedure,
1908 (5 of 1905) and the ( Name of State) Civil Rules of Practice.
(2) Every order of the T ribunal shall be in writing and shall be signed and dated under its
seal.
73. Supply of copies of the order to parties. Every order of the Tribunal dismissing or allowing
the application, shall be communicated to the parties or to their authorised representatives free
of cost.
36
3774. Orders and directions in certain cases. The Tribunal may, notwithstanding any of the
foregoing provisions, give such orders or give such directions as may be necessary or
expedient to secure the ends of justice.
75. Language of Tribunal. The language of the Tribunal shall be English:
Provided that the parties to proceedings before the Tribunal may file documents/proceedings
drawn up in Urdu or Hindi or the regional language, if they so desire:
Provided further that every such document/proceedings in Urdu/Hindi/local language shall be
accompanied by its true translation into English:
Provided that the Tribunal may, in its discretion, permit the use of local regional language in the
proceedings but the final order shall be in English.
76. Seal of the Tribunal. The official seal of the Tribunal shall be such as the Government may
specify .
77. Code of Civil Procedur e and the (Name of the State) High Court rules to
be generally followed. In deciding any question relating to the procedure not specially
provided by the Act or these rules, the Tribunal shall, as far as possible, be guided by the
provisions contained in the Code of Civil Procedure, 1908 ( 5 of 1908) and the. High
Court Rules.
78. Annual report.
(1) The Government shall, as soon as after 1st day of April in every year, cause the annual
report of the Board to be prepared in Form 36.
(2) The Board shall submit its annual report detailing activities of the preceding financial
year, to the Government by the end of July every year.
(3) The Government shall finalise the annual report of the Board by the end of September
and such report shall be laid before the House or both the Houses of State Legislature, as
the case may be, in its next session.
79. Suits by or against the Board.
(1) The Chairperson or the Chief Executive Officer shall be competent to sanction -
(a) filing of suit, writ, appeal or cases connected with a waqf matter/ property before
the Tribunal/Court or any other authority;
(b) defending of suit, writ, appeal or cases connected with a waqf matter/ property
before the Tribunal/Court or any other authority .
(2) The Chairperson or the Chief Executive Officer shall be competent to appoint a legal
representative to file or defend a suit, writ, appeal or any other proceedings connected
with a waqf matter/property before the Tribunal/Court or any other authority .
(3) The Board or any other person, authorised by the Board shall be competent to sign suit,
writ, appeal, and affidavit or counter reply in the cases or proceedings connected with a
waqf matter/property before the Tribunal/Court or any other authority .
(4) The Chairperson or Chief Executive Officer shall be competent to authorise any
employee of the Board to tender evidence or produce record on behalf of the Board
before the Tribunal/Court or any other authority .
38
Formats
of
FormsFormats
of
Forms
(2) The Chairperson or the Chief Executive Officer shall be competent to appoint a legal
representative to file or defend a suit, writ, appeal or any other proceedings connected
with a waqf matter/property before the Tribunal/Court or any other authority .
(3) The Board or any other person, authorised by the Board shall be competent to sign suit,
writ, appeal, and affidavit or counter reply in the cases or proceedings connected with a
waqf matter/property before the Tribunal/Court or any other authority .
(4) The Chairperson or Chief Executive Officer shall be competent to authorise any
employee of the Board to tender evidence or produce record on behalf of the Board
before the Tribunal/Court or any other authority .
38
Formats
of
Forms
FORM 1
[See rule 4]
REPOR T OF SUR VEY COMMISSIONER TO THE GOVERNMENT
1. The number of auqaf in the State, showing Shia auqaf and Sunni auqaf separately .
2. The nature and object of each waqf.
3. The gross income of the property from each waqf.
4. The amount of land revenue, cess, rates and taxes payable in respect of each waqf.
5. The expenses incurred in the realisation of income and the pay or other remuneration of the
mutawalli, if any, of each waqf.
6. Particulars relating to each waqf to be given as under:
(a) name of the waqf;
(b) name of the waqif, if any;
(c) date or the year of the creation of the waqf;
(d) details of the Waqf Deed;
(e) name of the mutawalli and his pay or remuneration, if any;
(f) location and nature of immovable property showing the village or town where situated
along with the municipal or survey number , area, description of the tenure and the
estimated value thereof;
(g) description of movable property and value thereof, including investments and their
particulars;
(h) site plan of the waqf property;
(i) encumbrances, if any, on the properties mentioned in clauses (f) to (h) above;
(j) manner of administration of waqf, whether under the scheme settled by a court of law or
by a registered document or established custom or usage;
(k) whether the waqf is already under the general supervision of the Board;
(l) nature and value of grant received; and
(m) total cost of survey .
SIGNA TURE OF
SUR VEY COMMISSIONER
41
FORM 1
[See rule 4]
REPOR T OF SUR VEY COMMISSIONER TO THE GOVERNMENT
1. The number of auqaf in the State, showing Shia auqaf and Sunni auqaf separately .
2. The nature and object of each waqf.
3. The gross income of the property from each waqf.
4. The amount of land revenue, cess, rates and taxes payable in respect of each waqf.
5. The expenses incurred in the realisation of income and the pay or other remuneration of the
mutawalli, |
5. The expenses incurred in the realisation of income and the pay or other remuneration of the
mutawalli, if any, of each waqf.
6. Particulars relating to each waqf to be given as under:
(a) name of the waqf;
(b) name of the waqif, if any;
(c) date or the year of the creation of the waqf;
(d) details of the Waqf Deed;
(e) name of the mutawalli and his pay or remuneration, if any;
(f) location and nature of immovable property showing the village or town where situated
along with the municipal or survey number , area, description of the tenure and the
estimated value thereof;
(g) description of movable property and value thereof, including investments and their
particulars;
(h) site plan of the waqf property;
(i) encumbrances, if any, on the properties mentioned in clauses (f) to (h) above;
(j) manner of administration of waqf, whether under the scheme settled by a court of law or
by a registered document or established custom or usage;
(k) whether the waqf is already under the general supervision of the Board;
(l) nature and value of grant received; and
(m) total cost of survey .
SIGNA TURE OF
SUR VEY COMMISSIONER
41
FORM 2
[See rule 6]
PARTICULARS OF LIST OF AUQAF
1. Name of waqf with description of waqf property (e.g. land building, graveyard etc.).
2. Location of waqf property , stating khasra no., village in rural areas and mohalla, ward, road,
and municipal number in case of urban property .
3. Nature and object of waqf.
4. Details of waqf properties, if immovable:
(a) area, showing built up area separately;
(b) boundaries; and
(c) value.
5. Nature and value of movable property .
6. Date or year of creation of waqf.
7. Details of Waqf Deed.
8. Gross receipts.
9. Grants received.
10. Gross income of property comprised in each waqf.
11. Amount of land revenue, cess, rates and taxes payable in respect of such property .
12. Expenses incurred in realisation of income.
13. Details of Administration
(i) By Custom/Usage
(ii) By scheme settle dby court
(iii) By Schemes of Management approved by the Board.
14. Name and address of mutawalli.
15. Pay or remuneration of mutawalli of each waqf, if any.
Note Separate list shall be prepared for Sunni and Shia auqaf.
42
FORM 3
[See rule 14(1)]
NOTICE FOR ELECTION OF MEMBERS OF THEBOARD
1. Name of the category for which election is to be held
2. Nomination papers shall be presented:
(a) time between:
(b) place
(c) to whom with office address
3. Scrutiny of nomination papers:
(a) place
(b) date
(c) time
4. Withdrawal of nomination:
(a) place
(b) date
(c) time
5. Polling shall be held:
(a) place
(b) date
(c) time
6. Counting of votes by the Election Officer:
(a) place
(b) date
(c) time
7. Declaration of results:
(a) place
(b) date
(c) Time
Place: (Election Authority)
Date:
43
FORM 2
[See rule 6]
PARTICULARS OF LIST OF AUQAF
1. Name of waqf with description of waqf property (e.g. land building, graveyard etc.).
2. Location of waqf property , stating khasra no., village in rural areas and mohalla, ward, road,
and municipal number in case of urban property .
3. Nature and object of waqf.
4. Details of waqf properties, if immovable:
(a) area, showing built up area separately;
(b) boundaries; and
(c) value.
5. Nature and value of movable property .
6. Date or year of creation of waqf.
7. Details of Waqf Deed.
8. Gross receipts.
9. Grants received.
10. Gross income of property comprised in each waqf.
11. Amount of land revenue, cess, rates and taxes payable in respect of such property .
12. Expenses incurred in realisation of income.
13. Details of Administration
(i) By Custom/Usage
(ii) By scheme settle dby court
(iii) By Schemes of Management approved by the Board.
14. Name and address of mutawalli.
15. Pay or remuneration of mutawalli of each waqf, if any.
Note Separate list shall be prepared for Sunni and Shia auqaf.
42
FORM 3
[See rule 14(1)]
NOTICE FOR ELECTION OF MEMBERS OF THEBOARD
1. Name of the category for which election is to be held
2. Nomination papers shall be presented:
(a) time between:
(b) place
(c) to whom with office address
3. Scrutiny of nomination papers:
(a) place
(b) date
(c) time
4. Withdrawal of nomination:
(a) place
(b) date
(c) time
5. Polling shall be held:
(a) place
(b) date
(c) time
6. Counting of votes by the Election Officer:
(a) place
(b) date
(c) time
7. Declaration of results:
(a) place
(b) date
(c) Time
Place: (Election Authority)
Date:
43
FORM 4
[See rule 14(3)]
NOTICE OF ELECTION FOR THE OFFICE OF
MEMBERS OF WAQF BOARD
Notice is hereby given that:
1. An election is to be held for the election of members of the . Waqf Board.
2. Forms of nomination papers may be obtained from the place and at the time aforesaid
3. Nomination paper may be delivered by a candidate or his proposer to the undersigned or
to. between.10.30 A.M to 5-00 P.M. from. to
4. The nomination papers will be taken up for scrutiny at on. at.
5. Notice of withdrawal of candidature may be delivered by a candidate or his proposer to the
undersigned or to.. at his office before 3.00 P.M. on ..
6. In the event of election being contested the poll will be held on .. between
the hours.. at..
(Specify the place where voting is to be conducted).
RETURNING OFFICER
Place:
Date:
44
FORM 5
[See rule 16(1)]
ELECTION FOR THE OFFICE OF MEMBER OF .. WAQF BOARD IN
CATEGOR Y OF CLAUSE (b) OF SUB--SECTION (1) OF SECTION 14
NOMINA TION P APER
I nominate...as a candidate for election to the Waqf Board, under category.of clause
(b) of sub-section (1) of Section 14:
1. Full name of candidate
2. Father s or husband s name
3. Serial number of candidate in electoral roll
4. Age
5. Sex
6. Occupation
7. Address
My name is .and it is entered at .(name of place) of electoral
roll for the above category .
Date: (Name and signatur e of the proposer)
CANDIDA TES DECLARA TION
I .. declare that I am willing to stand for election and my age as shown above is
correct. I also declare that:
1. I am a Muslim.
2. I am not an undischar ged insolvent.
3. I have not been convicted of an offence involving moral turpitude or such conviction has been
reversed or I have been given full pardon in respect of such offence.
4. I have not been in any previous occasion:
45
FORM 4
[See rule 14(3)]
NOTICE OF ELECTION FOR THE OFFICE OF
MEMBERS OF WAQF BOARD
Notice is hereby given that:
1. An election is to be held for the election of members of the . Waqf Board.
2. Forms of nomination papers may be obtained from the place and at the time aforesaid
3. Nomination paper may be delivered by a candidate or his proposer to the undersigned or
to. between.10.30 A.M to 5-00 P.M. from. to
4. The nomination papers will be taken up for scrutiny at on. at.
5. Notice of withdrawal of candidature may be delivered by a candidate or his proposer to the
undersigned or to.. at his office before 3.00 P.M. on ..
6. In the event of election being contested the poll will be held on .. between
the hours.. at..
(Specify the place where voting is to be conducted).
RETURNING OFFICER
Place:
Date:
44
FORM 5
[See rule 16(1)]
ELECTION FOR THE OFFICE OF MEMBER OF .. WAQF BOARD IN
CATEGOR Y OF CLAUSE (b) OF SUB--SECTION (1) OF SECTION 14
NOMINA TION P APER
I nominate...as a candidate for election to the Waqf Board, under category.of clause
(b) of sub-section (1) of Section 14:
1. Full name of candidate
2. Father s or husband s name
3. Serial number of candidate in electoral roll
4. Age
5. Sex
6. Occupation
7. Address
My name is .and it is entered at .(name of place) of electoral
roll for the above category .
Date: (Name and signature of the proposer)
CANDIDA TES DECLARA TION
I .. declare that I am willing to stand for election and my age as shown above is
correct. I also declare that:
1. I am a Muslim.
2. I am not an undischar ged insolvent.
3. I have not been convicted of an offence involving moral turpitude or such conviction has been
reversed or I have been given full pardon in respect of such offence.
4. I have not been in any previous occasion:
45
(a) removed from office as a member or as a mutawalli; or
(b) removed by an order of competent court or Tribunal from any position of trust either for
mismanagement or corruption.
SIGNA TURE OF CANDIDA TE
Endorsement by Returning Officer or other authorised person :
This nomination paper was presented to me.. (person) on (date) at. date and hour)
SIGNA TURE OF THE RETURNING OFFICER/
OR OTHER AUTHORISED PERSON.
Decision of Returning Officer accepting or rejecting the nomination paper:
I have examined this nomination paper in accordance with rule 16(1) and decide as follows:
Date. RETURNING OFFICER
46
FORM 6
[See rule 17(1)]
RECEIPT FOR NOMINA TION P APER AND NOTICE FOR SCRUTINY
(To be handed over to the person pr esenting the nomination paper)
Serial no. of nomination paper..
The nomination paper of a candidate for the election of member for category of the
..W aqf Board was delivered to me at .. (hour) on .. by
the candidate or a person duly authorised by him in this behalf.
All nomination papers will be taken up for scrutiny at . (hour) on (date) at
. (Place).
Date: RETURNING OFFICER
47
(a) removed from office as a member or as a mutawalli; or
(b) removed by an order of competent court or Tribunal from any position of trust either for
mismanagement or corruption.
SIGNA TURE OF CANDIDA TE
Endorsement by Returning Officer or other authorised person :
This nomination paper was presented to me.. (person) on (date) at. date and hour)
SIGNA TURE OF THE RETURNING OFFICER/
OR OTHER AUTHORISED PERSON.
Decision of Returning Officer accepting or rejecting the nomination paper:
I have examined this nomination paper in accordance with rule 16(1) and decide as follows:
Date. RETURNING OFFICER
46
FORM 6
[See rule 17(1)]
RECEIPT FOR NOMINA TION P APER AND NOTICE FOR SCRUTINY
(To be handed over to the person pr esenting the nomination paper)
Serial no. of nomination paper..
The nomination paper of a candidate for the election of member for category of the
..W aqf Board was delivered to me at .. (hour) on .. by
the candidate or a person duly authorised by him in this behalf.
All nomination papers will be taken up for scrutiny at . (hour) on (date) at
. (Place).
Date: RETURNING OFFICER
47
FORM 7
[See rule 18]
LIST OF NOMINA TIONS RECEIVED AS ON .. (DA TE)
FOR THE OFFICE OF MEMBER OF THE ..W AQF BOARD IN
CATEGOR Y OF SECTION 14(1) (B) OF THE ACT
Serial no of Name of the Father or Age Occupation Electoral Sex
nomination candidate husband s and address roll no of
name candidate
1 2 3 4 5 6 7
The nomination paper will be taken up for scrutiny at . A.M./P .M. on..the date
of at (place).
Place: SIGNA TURE OF RETURNING OFFICER
Date: Or Other Authorised Person
48
FORM 8
[See rule 19]
FORM OF OATH OF AFFIRMA TION TO BE MADE BY A CANDIDA TE FOR
ELECTION TO ST ATE BOARD OF WAQFS
I, having been nominated as candidate to fill a seat in the State
Board of Waqfs do swear in the name of Allah that I will bear true faith and allegiance to the
Constitution of India as by law established and I will uphold the Sovereignty and Integrity of India.
Date: (Signatur e of the Candidate)
Acknowledgement of Oath
.., candidate has taken oath on (date) at ..(time).
Returning Officer
.
Certificate of Oath
This is to certify that .has signed and read the Oath of Affirmation
before me on ..(date) .. at( time).
(Signatur e)
Returning/Asstt Returning Officer
49
FORM 7
[See rule 18]
LIST OF NOMINA TIONS RECEIVED AS ON .. (DA TE)
FOR THE OFFICE OF MEMBER OF THE ..W AQF BOARD IN
CATEGOR Y OF SECTION 14(1) (B) OF THE ACT
Serial no of Name of the Father or Age Occupation Electoral Sex
nomination candidate husband s |
) (B) OF THE ACT
Serial no of Name of the Father or Age Occupation Electoral Sex
nomination candidate husband s and address roll no of
name candidate
1 2 3 4 5 6 7
The nomination paper will be taken up for scrutiny at . A.M./P .M. on..the date
of at (place).
Place: SIGNA TURE OF RETURNING OFFICER
Date: Or Other Authorised Person
48
FORM 8
[See rule 19]
FORM OF OATH OF AFFIRMA TION TO BE MADE BY A CANDIDA TE FOR
ELECTION TO ST ATE BOARD OF WAQFS
I, having been nominated as candidate to fill a seat in the State
Board of Waqfs do swear in the name of Allah that I will bear true faith and allegiance to the
Constitution of India as by law established and I will uphold the Sovereignty and Integrity of India.
Date: (Signatur e of the Candidate)
Acknowledgement of Oath
.., candidate has taken oath on (date) at ..(time).
Returning Officer
.
Certificate of Oath
This is to certify that .has signed and read the Oath of Affirmation
before me on ..(date) .. at( time).
(Signatur e)
Returning/Asstt Returning Officer
49
FORM 9
[See rule 20 (7)]
LIST OF VALIDL Y NOMINA TED CANDIDA TES
Election to members of the .. Waqf Board in category .............of clause (b)
of sub-section (1) of section 14.
Sl. No. Name of the candidate Address of the candidate
(1) (2) (3)
1.
2.
3.
4.
so on
RETURNING OFFICER
Place:
Date:
50
FORM 10
[See rule 21]
NOTICE TO THE RETURNING OFFICER BY A CANDIDA TE
FOR WITHDRA WAL OF NOMINA TION
Section 14(1) (b) of the Act
To
The Returning Officer,
I., a candidate validly nominated at the above election do hereby
give notice that I withdraw my candidature.
Place:
Date: SIGNA TURE OF CANDIDA TE
This notice was delivered to me at my office at (hour) .. on (date).
By(name).
Place:
Date:
RETURNING OFFICER
RECEIPT FOR NOTICE OF WITHDRA WAL
(To be handed over to the person delivering the notice)
The notice of withdrawal of candidate by a candidate at the election to the office of the
.. Waqf Board in the category of section 14 (1) (b) of the Act as delivered to me at the office
at (hour) on (date).
Place:
Date: RETURNING OFFICER
51
FORM 9
[See rule 20 (7)]
LIST OF VALIDL Y NOMINA TED CANDIDA TES
Election to members of the .. Waqf Board in category .............of clause (b)
of sub-section (1) of section 14.
Sl. No. Name of the candidate Address of the candidate
(1) (2) (3)
1.
2.
3.
4.
so on
RETURNING OFFICER
Place:
Date:
50
FORM 10
[See rule 21]
NOTICE TO THE RETURNING OFFICER BY A CANDIDA TE
FOR WITHDRA WAL OF NOMINA TION
Section 14(1) (b) of the Act
To
The Returning Officer,
I., a candidate validly nominated at the above election do hereby
give notice that I withdraw my candidature.
Place:
Date: SIGNA TURE OF CANDIDA TE
This notice was delivered to me at my office at (hour) .. on (date).
By(name).
Place:
Date:
RETURNING OFFICER
RECEIPT FOR NOTICE OF WITHDRA WAL
(To be handed over to the person delivering the notice)
The notice of withdrawal of candidate by a candidate at the election to the office of the
.. Waqf Board in the category of section 14 (1) (b) of the Act as delivered to me at the office
at (hour) on (date).
Place:
Date: RETURNING OFFICER
51
FORM 1 1
[See rule 22(1)]
LIST OF CONTESTING CANDIDA TES
Election to the office of the member of the .W aqf Board in the category .. of
section 14(l) (b) of the Act
SI No. Name of the candidate Address of the candidate Electoral Roll No.
(1) (2) (3) (4)
1.
2.
3.
4.
5.
etc.
Place
Date: RETURNING OFFICER
52
FORM 12
[See rules 23 (1) and 37(1)]
DECLARA TION OF RESUL T OF ELECTION
In accordance with rule . of the .W aqf Rules, 2016, I declare that the
following candidate has been duly elected for the office of the member of the . Waqf Board
in the category of sub-clause .. of clause (b) of sub-section (1) of section 14 of the Waqf Act,
1995.
Name Address
1.
2.
Place
Date: SIGNA TURE OF RETURNING OFFICER
53
FORM 1 1
[See rule 22(1)]
LIST OF CONTESTING CANDIDA TES
Election to the office of the member of the .W aqf Board in the category .. of
section 14(l) (b) of the Act
SI No. Name of the candidate Address of the candidate Electoral Roll No.
(1) (2) (3) (4)
1.
2.
3.
4.
5.
etc.
Place
Date: RETURNING OFFICER
52
FORM 12
[See rules 23 (1) and 37(1)]
DECLARA TION OF RESUL T OF ELECTION
In accordance with rule . of the .W aqf Rules, 2016, I declare that the
following candidate has been duly elected for the office of the member of the . Waqf Board
in the category of sub-clause .. of clause (b) of sub-section (1) of section 14 of the Waqf Act,
1995.
Name Address
1.
2.
Place
Date: SIGNA TURE OF RETURNING OFFICER
53
FORM 13
[See rule 38]
CER TIFICA TE OF ELECTION
I, . Returning Officer for the member/members of the Waqf Board
hereby certify and declare Shri/Smt... s/o,w/o . to
have been duly elected to the office of the member of the . Waqf Board in the
category of sub-clause . of clause (b) of sub-section (1) of section 14 of the Waqf Act,
1995 and that in token thereof I have granted him/her this certificate of election.
RETURNING OFFICER
Place:
Date :
Secretary (. )
to the Government
54
FORM 14
[See rule 46(1)]
APPLICA TION FOR INSPECTION OF BOARDS RECORD
Paste duplicate receipt here of application fee
To
The Chief Executive Officer,
Waqf Board,
.
Name of the applicant s/o,w/o Shri Resident of
..
Description of the file the record of which is to be inspected .
Name of the tenant (if any) ..
Name of the parties (if any) .
Purpose of inspection ..
Date: SIGNA TURE OF APPLICANT
Order passed on the application by Chief Executive Officer:
Time of inspection ..from to viz hours.
Inspection fee paid
Signature of official with designation in whose presence inspection was made..
Date: SIGNA TURE OF APPLICANT
AFTER INSPECTION MADE
55
FORM 13
[See rule 38]
CERTIFICA TE OF ELECTION
I, . Returning Officer for the member/members of the Waqf Board
hereby certify and declare Shri/Smt... s/o,w/o . to
have been duly elected to the office of the member of the . Waqf Board in the
category of sub-clause . of clause (b) of sub-section (1) of section 14 of the Waqf Act,
1995 and that in token thereof I have granted him/her this certificate of election.
RETURNING OFFICER
Place:
Date :
Secretary (. )
to the Government
54
FORM 14
[See rule 46(1)]
APPLICA TION FOR INSPECTION OF BOARDS RECORD
Paste duplicate receipt here of application fee
To
The Chief Executive Officer,
Waqf Board,
.
Name of the applicant s/o,w/o Shri Resident of
..
Description of the file the record of which is to be inspected .
Name of the tenant (if any) ..
Name of the parties (if any) .
Purpose of inspection ..
Date: SIGNA TURE OF APPLICANT
Order passed on the application by Chief Executive Officer:
Time of inspection ..from to viz hours.
Inspection fee paid
Signature of official with designation in whose presence inspection was made..
Date: SIGNA TURE OF APPLICANT
AFTER INSPECTION MADE
55
FORM 15
[See rule 46 (3)]
APPLICA TION FOR PROVIDING CER TIFIED COPY
Paste duplicate copies of:
(i) Application fee receipt
(ii) Copying charges fee receipt Rs. 10/- per entry of Gazette notification,
(iii) Rs. 20/- per 100 words or part thereof.
(iv) Rs. 20/- per hour of inspection or fraction thereof.
To
The Chief Executive Officer,
. Waqf Board,
Name of applicant s/o, w/o.. Resident
of.
Description of the file etc. from which the copy is required
Description of property including location ..
Name of tenant (if any)
Name of parties (if any)...
Nature of the case
Name and description of the Gazette or record of which copy is required
Purpose for which copy is required i.e. whether it is required for private use or for filing in some court
etc.
Dated: SIGNA TURE OF APPLICANT
No. of applicant in the copying registers..
Copying fee received with application ..
Order passed
SIGNA TURE OF CHIEF EXECUTIVE OFFICER
Date:
Signature of copyist
Signature of recipient of the copy
56
FORM 16
[See rule 48 (2)]
N O T I C E
Whereas it is learnt/informed/reported that the W aqf..has ceased to
exist or that the objects or parts thereof shown in the schedule below have ceased to exist.
Schedule
Sl.No. Name of Details of Details of immovable property Details
the moveable Sy. No. Area/Extent Village City Usage of funds
Wakf/W akf property Town if anyif any
property
which has
ceasedto
exist
(1) (2) (3) (4) (5) (6) (7) (8) (9)
It is therefore hereby notified that an inquiry will be taken up regarding the said cessation and to
ascertain the property and the funds of that waqfs and to order for recovery of the said property or
funds and its utilization under Sec. 39(2) of the Waqf Act.
Any objections in this behalf shall be furnished to the undersigned on (date)
at(place and time) when the inquiry will be taken up.
Chief Executive Officer/
Authorised Officer
To
___________________
___________________
57
FORM 15
[See rule 46 (3)]
APPLICA TION FOR PROVIDING CER TIFIED COPY
Paste duplicate copies of:
(i) Application fee receipt
(ii) Copying charges fee receipt Rs. 10/- per entry of Gazette notification,
(iii) Rs. 20/- per 100 words or part thereof.
(iv) Rs. 20/- per hour of inspection or fraction thereof.
To
The Chief Executive Officer,
. Waqf Board,
Name of applicant s/o, w/o.. Resident
of.
Description of the file etc. from which the copy is required
Description of property including location ..
Name of tenant (if any)
Name of parties (if any)...
Nature of the case
Name and description of the Gazette or record of which copy is required
Purpose for which copy is required i.e. whether it is required for private use or for filing in some court
etc.
Dated: SIGNA TURE OF APPLICANT
No. of applicant in the copying registers..
Copying fee received with application ..
Order passed
SIGNA TURE OF CHIEF EXECUTIVE OFFICER
Date:
Signature of copyist
Signature of recipient of the copy
56
FORM 16
[See rule 48 (2)]
N O T I C E
Whereas it is learnt/informed/reported that the W aqf..has ceased to
exist or that the objects or parts thereof shown in the schedule below have ceased to exist.
Schedule
Sl.No. Name of Details of Details of immovable property Details
the moveable Sy. No. Area/Extent Village City Usage of funds
Wakf/W akf property Town if anyif any
property
which has
ceasedto
exist
(1) (2) (3) (4) (5) (6) (7) (8) (9)
It is therefore hereby notified that an inquiry will be taken up regarding the said cessation and to
ascertain the property and the funds of that waqfs and to order for recovery of the said property or
funds and its utilization under Sec. 39(2) of the Waqf Act.
Any objections in this behalf shall be furnished to the undersigned on (date)
at(place and time) when the inquiry will be taken up.
Chief Executive Officer/
Authorised Officer
To
___________________
___________________
57
FORM 17
[See rule 49 (1)]
SEPARA TE BUDGET BY MUT AWALLIES AND AUQAF UNDER THE DIRECT
MANAGEMENT OF THE BOARD FOR THE YEAR 20-20.
Estimated Receipts Estimated Expenditur e
Receipts of rent from the properties Salary of the employees of
Donation/contribution Miscellaneous receipt, if any
Maintenance of property expenditure Miscellaneous expenditure with details
Excess of expenditure over receipt Excess of receipt over expenditure
2. Actual for the current year
3. Actual for the preceding year
proposed
Date:
Place:
58
FORM 18
[See rule 50(1)]
ANNUAL BUDGET ESTIMA TE OF WAQF FOR 20 20
A B S T R A C T
Actuals for Sanctioned estimate for Revised |
AQF FOR 20 20
A B S T R A C T
Actuals for Sanctioned estimate for Revised estimate Total Budget
2020.. Current year for current year Estimate for
20.20. Actuals for Probable or year 20..20
8 months Expected
expenditure
for 4 months
(1) (2) (3) (4) (5)
Opening Balance
Total.
Receipts (Statement I)
Total..
Expenditure (Statement II)
Total..
Closing Balance
Total
59
FORM 17
[See rule 49 (1)]
SEPARA TE BUDGET BY MUT AWALLIES AND AUQAF UNDER THE DIRECT
MANAGEMENT OF THE BOARD FOR THE YEAR 20-20.
Estimated Receipts Estimated Expenditur e
Receipts of rent from the properties Salary of the employees of
Donation/contribution Miscellaneous receipt, if any
Maintenance of property expenditure Miscellaneous expenditure with details
Excess of expenditure over receipt Excess of receipt over expenditure
2. Actual for the current year
3. Actual for the preceding year
proposed
Date:
Place:
58
FORM 18
[See rule 50(1)]
ANNUAL BUDGET ESTIMA TE OF WAQF FOR 20 20
A B S T R A C T
Actuals for Sanctioned estimate for Revised estimate Total Budget
2020.. Current year for current year Estimate for
20.20. Actuals for Probable or year 20..20
8 months Expected
expenditure
for 4 months
(1) (2) (3) (4) (5)
Opening Balance
Total.
Receipts (Statement I)
Total..
Expenditure (Statement II)
Total..
Closing Balance
Total
59
Statement I (Receipts)
Sl. No. Particulars Actuals for Actuals for Revised Budget Remarks
previous year year of report Budget for Estimates
ensuring year
(1) (2) (3) (4) (5) (6) (7)
1. Opening Balance
2. Cash at Bank
3. On hand (Cash, Cheque & DD)
4. Income from Rent:
a) Residence
b) Office Complex s
c) Shops
d) Schools
e) Shadi Mahal
f) Others
Total:
5. Security Deposits
6. Goodwill
7. Income from Hundi
8. Income from Agriculture Land:
a) Sale of Agricultural Crops
b) Sale of usufructs of trees (income from fasal)
c) Sale of trees
d) Annuity
e) Tasdik Allowance
f) Cash Grants
Total:
60
9.A. Miscellaneous receipts :
a) Nazar/Presents
b) Subscription fee
c) Meelad/Ramzan Donation
d) Nikah fee
e) Hide & Skin
f) Golak collections
Total
9. B. Receipts from :
a) Grant-in-aid
b) Loan recovery
c) Salary & Festival Advance recovery
d) Interest from bank
e) Loan from Central Waqf Council, New Delhi
f) Fixed Deposit Receipts
g) Royalty/E.M.D
Total
10. Any other receipts
Grand Total:
Statement II (Expenditur e)
Sl. No. Particulars Actuals for Actuals for Revised Budget Remarks
previous year year of report Budget for Estimates
ensuring year
(1) (2) (3) (4) (5) (6) (7)
61
Statement I (Receipts)
Sl. No. Particulars Actuals for Actuals for Revised Budget Remarks
previous year year of report Budget for Estimates
ensuring year
(1) (2) (3) (4) (5) (6) (7)
1. Opening Balance
2. Cash at Bank
3. On hand (Cash, Cheque & DD)
4. Income from Rent:
a) Residence
b) Office Complex s
c) Shops
d) Schools
e) Shadi Mahal
f) Others
Total:
5. Security Deposits
6. Goodwill
7. Income from Hundi
8. Income from Agriculture Land:
a) Sale of Agricultural Crops
b) Sale of usufructs of trees (income from fasal)
c) Sale of trees
d) Annuity
e) Tasdik Allowance
f) Cash Grants
Total:
60
9.A. Miscellaneous receipts :
a) Nazar/Presents
b) Subscription fee
c) Meelad/Ramzan Donation
d) Nikah fee
e) Hide & Skin
f) Golak collections
Total
9. B. Receipts from :
a) Grant-in-aid
b) Loan recovery
c) Salary & Festival Advance recovery
d) Interest from bank
e) Loan from Central Waqf Council, New Delhi
f) Fixed Deposit Receipts
g) Royalty/E.M.D
Total
10. Any other receipts
Grand Total:
Statement II (Expenditur e)
Sl. No. Particulars Actuals for Actuals for Revised Budget Remarks
previous year year of report Budget for Estimates
ensuring year
(1) (2) (3) (4) (5) (6) (7)
61
1. General Administration
1. Salaries
2. T.A.
3. Office Expenses:
(i) Purchase of furniture
(ii) Purchase of Stationery & forms:
a) Printing Receipts
b) Printing/Purchase of Books of Accounts.
(iii) Postal Char ges
(iv) Telephone Char ges
(v) Water Char ges
(vi) Electric Char ges
(vii) Office imprest amount
(viii) Purchase of Vessels
(ix) Purchase of Machinery & Electrical items
(x) Meeting Expenses
Total:
4. Legal Expenses
5. Audit Expenses
6. Corporation/Municipal/Land Tax
7. Waqf Contribution to Board
Total:
II. Capital Expenditur e:
(i) Construction Expenses
(ii) Repayment of Loan/Advances
(iii) Security deposit
(iv) Building Licence/Plan Fee
(v) Royalty
(vi) E.M.D.
(vii)
Total:
62
III. Charitable Expenses:
(i) Scholarship/Freeship
(ii) Medical Expenses
(iii) Marriage Expenses
(iv) _______________
Total:
IV Festival Expenses
(i) Meelad
(ii) Shab-e-Meraj
(iii) Shab-e-Qadar
(iv) Shab-e-Barat
(v) Idgah/Mosque/Dar gah expenses
(vi) Urs
(vii)
Total:
V. Miscellaneous Expenses
(i)
(ii)
Total:
Grand Total:
63
1. General Administration
1. Salaries
2. T.A.
3. Office Expenses:
(i) Purchase of furniture
(ii) Purchase of Stationery & forms:
a) Printing Receipts
b) Printing/Purchase of Books of Accounts.
(iii) Postal Char ges
(iv) Telephone Char ges
(v) Water Char ges
(vi) Electric Char ges
(vii) Office imprest amount
(viii) Purchase of Vessels
(ix) Purchase of Machinery & Electrical items
(x) Meeting Expenses
Total:
4. Legal Expenses
5. Audit Expenses
6. Corporation/Municipal/Land Tax
7. Waqf Contribution to Board
Total:
II. Capital Expenditur e:
(i) Construction Expenses
(ii) Repayment of Loan/Advances
(iii) Security deposit
(iv) Building Licence/Plan Fee
(v) Royalty
(vi) E.M.D.
(vii)
Total:
62
III. Charitable Expenses:
(i) Scholarship/Freeship
(ii) Medical Expenses
(iii) Marriage Expenses
(iv) _______________
Total:
IV Festival Expenses
(i) Meelad
(ii) Shab-e-Meraj
(iii) Shab-e-Qadar
(iv) Shab-e-Barat
(v) Idgah/Mosque/Dar gah expenses
(vi) Urs
(vii)
Total:
V. Miscellaneous Expenses
(i)
(ii)
Total:
Grand Total:
63
FORM 19
[See rule 50(2)(a)]
LIST OF WAQFS
List of Wakfs under direct management as on .for preparation of Budget under
Section 45.
Sl.No. Name of the Waqf Name of the Administrator Order No. date period of
Direct Management
(1) (2) (3) (4)
Date:
Chief Executive Officer
State Board of Waqfs
64
FORM 20
[See rule 50(2)(b)]
PREP ARA TION OF BUDGET PROPOSALS BY WAQFS UNDER DIRECT
MANAGEMENT
From:
The Chief Executive Officer,
State Board of Waqfs,
To
____________________
____________________
____________________
Sir,
Sub.: Preparation of Budget proposals by waqfs under direct management.
The .waqf is under direct management of the . State
Board of Waqf u/s 45 as per Order No. dated for a period of
As per Sec. 45 of Waqf Act, 1995, the budget of the above institution needs to be placed before the
Board. Therefore you are requested to prepare and furnish the budget covering the estimated receipts
and expenditure in the prescribed proforma with a statement giving details of the increase if any with
income of the waqf and also steps taken for its better management
The budget prepared shall reach the under signed by 31st December.(Y ear).
Date:
Chief Executive Officer/
Authorised Officer
State Board of Waqfs, Bangalor e
65
FORM 19
[See rule 50(2)(a)]
LIST OF WAQFS
List of Wakfs under direct management as on .for preparation of Budget under
Section 45.
Sl.No. Name of the Waqf Name of the Administrator Order No. date period of
Direct Management
(1) (2) (3) (4)
Date:
Chief Executive Officer
State Board of Waqfs
64
FORM 20
[See rule 50(2)(b)]
PREP ARA TION OF BUDGET PROPOSALS BY WAQFS UNDER DIRECT
MANAGEMENT
From:
The Chief Executive Officer,
State Board of Waqfs,
To
____________________
____________________
____________________
Sir,
Sub.: Preparation of Budget proposals by waqfs under direct management.
The .waqf is under direct management of the . State
Board of Waqf u/s 45 as per Order No. dated for a period of
As per Sec. 45 of Waqf Act, 1995, the budget of the above institution needs to be placed before the
Board. Therefore you are requested to prepare and furnish the budget covering the estimated receipts
and expenditure in the prescribed proforma with a statement giving details of the increase if any with
income of the waqf and also steps taken for its better management
The budget prepared shall reach the under signed by 31st December.(Y ear).
Date:
Chief Executive Officer/
Authorised Officer
State Board of Waqfs, Bangalor e
65
FORM 21
[See rule 50(3)]
STATEMENT GIVING DET AILS OF INCREASE IN THE INCOME OF AUQAF UNDER
DIRECT MANAGEMENT .
Name of Waqf : District :
Sl.No. Details of income Brief detail of Order No. date of Details of increase Increase in
sources audit of the taking over under in immovable the income
previous year direct property after if any
19_____ management taking over under
direct management
(1) (2) (3) (4) (5) (6)
(1)
(2)
(Details to be adopted from the Statement In receipts of Budget)
Steps taken for better management:
1.
2.
3.
Results:
1.
2.
3.
Signatur e of Administrator
66
FORM 22
[See rule 52(4)]
REQUISITION UNDER SUB-SECTION (1) OF SECTION 52 OF THE WAQF
ACT 1995 TO THE COLLECT OR FOR RECOVER Y OF WAQF IMMOV ABLE
PROPER TY TRANSFERRED IN CONTRA VENTION OF SECTION 51 OR
SECTION 56
1. Details of waqf property
2. Particulars of transfer deed, if any, executed in respect of the above property .
3. Name and full particulars of the person executing the deed, if any.
4. Name and full particulars of the person to whom the property has been transferred.
5. Result of comparison of the details of waqf property with the entries in the register of auqaf
maintained under section 37 of the Waqf Act, 1995
6. Result of inquiry from the record of the Board regarding absence of sanction for the said
transfer as required under section 51 or transferred in violation of section 56 of the Waqf Act.
7. Request to pass reasonable order to obtain and deliver possession of property to the Board.
Place: CHIEF EXECUTIVE OFFICER
.W AQF BOARD
Date:
67
FORM 21
[See rule 50(3)]
STATEMENT GIVING DET AILS OF INCREASE IN THE INCOME OF AUQAF UNDER
DIRECT MANAGEMENT .
Name of Waqf : District :
Sl.No. Details of income Brief detail of Order No. date of Details of increase Increase in
sources audit of the taking over under in immovable the income
previous year direct property after if any
19_____ management taking over under
direct management
(1) (2) (3) (4) (5) (6)
(1)
(2)
(Details to be adopted from the Statement In receipts of Budget)
Steps taken for better management:
1.
2.
3.
Results:
1.
2.
3.
Signatur e of Administrator
66
FORM 22
[See rule 52(4)]
REQUISITION UNDER SUB-SECTION (1) OF SECTION 52 OF THE WAQF
ACT 1995 TO THE COLLECT OR FOR RECOVER Y OF WAQF IMMOV ABLE
PROPER TY TRANSFERRED IN CONTRA VENTION OF SECTION 51 OR
SECTION 56
1. Details of waqf property
2. Particulars of transfer deed, if any, executed in respect of the above property .
3. Name and full particulars of the person executing the deed, if any.
4. Name and full particulars of the person to whom the property has been transferred.
5. Result of comparison of the details of waqf property with the entries in |
full particulars of the person to whom the property has been transferred.
5. Result of comparison of the details of waqf property with the entries in the register of auqaf
maintained under section 37 of the Waqf Act, 1995
6. Result of inquiry from the record of the Board regarding absence of sanction for the said
transfer as required under section 51 or transferred in violation of section 56 of the Waqf Act.
7. Request to pass reasonable order to obtain and deliver possession of property to the Board.
Place: CHIEF EXECUTIVE OFFICER
.W AQF BOARD
Date:
67
FORM 23
[See rule 52(5)]
ORDER OF THE COLLECT OR FOR DELIVERING POSSESSION OF WAQF
PROPER TY
To
Shri ....................................................................................
...................................................................................
Whereas a requisition has been received under sub-rule (2) of rule 61 of the ..W aqf
Rules, from the Chief Executive Officer, . Waqf Board, regarding transfer of waqf
property , detailed in the Schedule below in your favor by Shri .. in
contravention of section 51 or section 56 of the Waqf Act, 1995.
Now , therefore in exercise of the powers conferred by sub-section (2) of section 52 of the said
Act, I, . Collector , District .. hereby direct you to deliver possession of
the said property to the Waqf Board or to any person duly authorised by the said Board,
within a period of thirty days from the date of service of this order failing which eviction proceedings
shall be initiated against you. If you are aggrieved by the order , you may, within a period of thirty days
from the date of service of this order , prefer an appeal to the Tribunal. In case you fail to comply with
this order , and do not prefer an appeal within the time specified, the said property shall be taken
possession of by me or by any person duly authorised using such force, as may be necessary for the
purpose, and deliver it to the said Board.
Date SIGNA TURE OF THE COLLECT OR
SEAL
68
FORM 24
[See rule 53(1)]
FORM OF NOTICE UNDER SUB-SECTION (1) OF SECTION 54
OF THE WAQF ACT , 1995
To
Shri ....................................................................................
...................................................................................
Whereas I, .. the undersigned, am of the opinion, on the grounds specified
below that you are an encroacher of the waqf property mentioned in the schedule below and that you
should vacate the said premises:
Grounds
.
Now , therefore, in pursuance of the provisions of sub-section (1) of section 54 of the Waqf Act, 1995,
I hereby call upon you to show cause on . why such an order should not be
made;
And in pursuance of sub-section (3) of section 54 of the Act, I also call upon you to appear before the
undersigned in person or through a duly authorised representative, capable to answer all questions
connected with the matter along the evidence which you intend to produce in support of the cause
shown, on. at for personal hearing. In case, you fail to appear on the said
date and time, it will be presumed that you are an encroacher on the said waqf property and further
action shall be taken for your eviction according to law.
SCHEDULE:
Details of Waqf Property:
Signatur e and seal of the
Date: Chief Executive Officer
Copy to: Mutawalli
69
FORM 23
[See rule 52(5)]
ORDER OF THE COLLECT OR FOR DELIVERING POSSESSION OF WAQF
PROPER TY
To
Shri ....................................................................................
...................................................................................
Whereas a requisition has been received under sub-rule (2) of rule 61 of the ..W aqf
Rules, from the Chief Executive Officer, . Waqf Board, regarding transfer of waqf
property , detailed in the Schedule below in your favor by Shri .. in
contravention of section 51 or section 56 of the Waqf Act, 1995.
Now , therefore in exercise of the powers conferred by sub-section (2) of section 52 of the said
Act, I, . Collector , District .. hereby direct you to deliver possession of
the said property to the Waqf Board or to any person duly authorised by the said Board,
within a period of thirty days from the date of service of this order failing which eviction proceedings
shall be initiated against you. If you are aggrieved by the order , you may, within a period of thirty days
from the date of service of this order , prefer an appeal to the Tribunal. In case you fail to comply with
this order , and do not prefer an appeal within the time specified, the said property shall be taken
possession of by me or by any person duly authorised using such force, as may be necessary for the
purpose, and deliver it to the said Board.
Date SIGNA TURE OF THE COLLECT OR
SEAL
68
FORM 24
[See rule 53(1)]
FORM OF NOTICE UNDER SUB-SECTION (1) OF SECTION 54
OF THE WAQF ACT , 1995
To
Shri ....................................................................................
...................................................................................
Whereas I, .. the undersigned, am of the opinion, on the grounds specified
below that you are an encroacher of the waqf property mentioned in the schedule below and that you
should vacate the said premises:
Grounds
.
Now , therefore, in pursuance of the provisions of sub-section (1) of section 54 of the Waqf Act, 1995,
I hereby call upon you to show cause on . why such an order should not be
made;
And in pursuance of sub-section (3) of section 54 of the Act, I also call upon you to appear before the
undersigned in person or through a duly authorised representative, capable to answer all questions
connected with the matter along the evidence which you intend to produce in support of the cause
shown, on. at for personal hearing. In case, you fail to appear on the said
date and time, it will be presumed that you are an encroacher on the said waqf property and further
action shall be taken for your eviction according to law.
SCHEDULE:
Details of Waqf Property:
Signatur e and seal of the
Date: Chief Executive Officer
Copy to: Mutawalli
69
FORM 25
[See rule 54(6)]
ORDER FOR VACA TION OF THE UNAUTHORIZED OCCUP ATION OF WAQF
PROPER TY
Whereas, I the undersigned, am satisfied for the reasons recorded below that Shri/Smt./Km.
.. is an encroacher and unauthorised occupant of the waqf premises specified
in the Scheduled below:
REASONS:
SCHEDULE
Details of waqf property:
Now , therefore, the undersigned under section 54 of the Waqf Act, 1995, hereby order Shri/Smt./Km
and all persons who are in unauthorised occupation of the waqf property or any
part thereof to vacate the said premises within 15 days of the service of this notice. In the event of
refusal or failure to comply with this order within the period specified above, the matter shall be
referred to the Tribunal for passing appropriate order .
DATE: SIGNA TURE AND SEAL OF THE
CHIEF EXECUTIVE OFFICER
70
FORM 26
[See rule 54(10)]
APPLICA TION TO EXECUTIVE MAGISTRA TE UNDER SECTION 55 OF THE
WAQF ACT 1995
To
The Executive Magistrate,
..
Whereas the Waqf Tribunal has passed an order under sub-section (4) of section 54 of the Waqf
Act 1995 on .. (copy annexed);
Whereas Shri./Smt./Km. .. has failed to vacate the land, building, space or
other property to which the order relates, within the time specified in the order;
Whereas under section 55 of the Waqf Act 1995, you are requested to make an order , directing
the encroacher to remove the encroachment, as the case may be, vacate the land, building, space or
other property and to deliver possession thereof to Shri
mutawalli/Secretary of the Managing Committee of the property / Waqf Board. In default of
compliance with the order , remove the encroachment or evict the encroacher within one month of the
receipt of this application from the waqf premises with the assistance of police.
Whereas your attention is drawn to proviso to sub-section (6) of section 7 of the Waqf Act, 1995
(as amended).
Date:
SIGNA TURE AND SEAL OF THE
CHIEF EXECUTIVE OFFICER
71
FORM 25
[See rule 54(6)]
ORDER FOR VACA TION OF THE UNAUTHORIZED OCCUP ATION OF WAQF
PROPER TY
Whereas, I the undersigned, am satisfied for the reasons recorded below that Shri/Smt./Km.
.. is an encroacher and unauthorised occupant of the waqf premises specified
in the Scheduled below:
REASONS:
SCHEDULE
Details of waqf property:
Now , therefore, the undersigned under section 54 of the Waqf Act, 1995, hereby order Shri/Smt./Km
and all persons who are in unauthorised occupation of the waqf property or any
part thereof to vacate the said premises within 15 days of the service of this notice. In the event of
refusal or failure to comply with this order within the period specified above, the matter shall be
referred to the Tribunal for passing appropriate order .
DATE: SIGNA TURE AND SEAL OF THE
CHIEF EXECUTIVE OFFICER
70
FORM 26
[See rule 54(10)]
APPLICA TION TO EXECUTIVE MAGISTRA TE UNDER SECTION 55 OF THE
WAQF ACT 1995
To
The Executive Magistrate,
..
Whereas the Waqf Tribunal has passed an order under sub-section (4) of section 54 of the Waqf
Act 1995 on .. (copy annexed);
Whereas Shri./Smt./Km. .. has failed to vacate the land, building, space or
other property to which the order relates, within the time specified in the order;
Whereas under section 55 of the Waqf Act 1995, you are requested to make an order , directing
the encroacher to remove the encroachment, as the case may be, vacate the land, building, space or
other property and to deliver possession thereof to Shri
mutawalli/Secretary of the Managing Committee of the property / Waqf Board. In default of
compliance with the order , remove the encroachment or evict the encroacher within one month of the
receipt of this application from the waqf premises with the assistance of police.
Whereas your attention is drawn to proviso to sub-section (6) of section 7 of the Waqf Act, 1995
(as amended).
Date:
SIGNA TURE AND SEAL OF THE
CHIEF EXECUTIVE OFFICER
71
FORM 27
[See rule 56(1)]
NOTICE FOR HOLDING OF ENQUIR Y
Notice to Mutawalli/Secretary of _______________________________________(Waqf
institution) under Sec. 64(3) of the Waqf Act, 1995 to conduct an enquiry . Whereas, you Sri
_________________________________ S/o ________________ __________ were appointed as
Mutawalli/Secretary of(Waqf Institution) vide Board s Order No. __________dated for a period
of years and whereas, it is now established that you have violated the provisions of the Waqf Act,
1995, and liable for action under Sec. 64(1) for anyone/more than one reasons indicated below (tick
whichever is appropriate)
(a) has been convicted more than once of an offence punishable under Sec. 61 of the W aqf Act,
1995
(b) has been convicted of offence of criminal breach of trust or any other offence involving moral
turpitude, and such .conviction has not been reversed and he has not been granted full pardon
with respect to such offence; or
(c) is of unsound mind or is suffering from any other mental or physical defects or infirmity which
would render him unfit to perform the functions and dischar ge the duties of a mutawalli; or
(d) is an undischar ged insolvent; or
(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the
taking of any narcotic drugs; or
(f) is employed as a paid legal practitioner on behalf of or against the waqf or;
(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years
or has failed to submit, in two consecutive years, the yearly statement of accounts, as required
by sub-section (2) of Section 46; or
(h) is interested, directly or indirectly ,, in a subsisting lease in respect of any waqf property , or in
any contract made with or any work being done for, the waqf or is in arrears in respect of any
sum due by him to such waqf; or
72
(i) continuously neglects his duties or commits any misfeasance, malfeasance
misappropriation/misapplication of funds or breach of trust in relation to the waqf or in respect
of any money or other waqf property: or
(j) wilfully and persistently disobeyed the lawful orders made by the Central Government,
State Government, Board under any provision of this Act or rule or order made thereunder;
(k) misappropriate or fraudulently dealt with the property of the waqf.
(l) as per the information/ audit report/report before the Board;
(1)
(2)
(3)
Therefore, by virtue of the powers conferred under Sec. 64(3) of the Waqf Act, 1995, notice is
hereby given that an enquiry will be held under Sub Rule (1) of Rule 66 of . Waqf Rules
1996 by the . State Board of Waqfs.
You are therefore called upon to file your objections, if any, to the said enquiry , within seven
days, from the date of service of this Notice. If you fail to file your objections, the Board shall proceed
with the enquiry and take a decision under Sec. 64 of the Waqf Act, 1995 as required under law.
Chief Executive Officer
To
Shri
Copy to the concerned.
73
FORM 27
[See rule 56(1)]
NOTICE FOR HOLDING OF ENQUIR Y
Notice to Mutawalli/Secretary of _______________________________________(Waqf
institution) under Sec |
QUIR Y
Notice to Mutawalli/Secretary of _______________________________________(Waqf
institution) under Sec. 64(3) of the Waqf Act, 1995 to conduct an enquiry . Whereas, you Sri
_________________________________ S/o ________________ __________ were appointed as
Mutawalli/Secretary of(Waqf Institution) vide Board s Order No. __________dated for a period
of years and whereas, it is now established that you have violated the provisions of the Waqf Act,
1995, and liable for action under Sec. 64(1) for anyone/more than one reasons indicated below (tick
whichever is appropriate)
(a) has been convicted more than once of an offence punishable under Sec. 61 of the W aqf Act,
1995
(b) has been convicted of offence of criminal breach of trust or any other offence involving moral
turpitude, and such .conviction has not been reversed and he has not been granted full pardon
with respect to such offence; or
(c) is of unsound mind or is suffering from any other mental or physical defects or infirmity which
would render him unfit to perform the functions and dischar ge the duties of a mutawalli; or
(d) is an undischar ged insolvent; or
(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the
taking of any narcotic drugs; or
(f) is employed as a paid legal practitioner on behalf of or against the waqf or;
(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years
or has failed to submit, in two consecutive years, the yearly statement of accounts, as required
by sub-section (2) of Section 46; or
(h) is interested, directly or indirectly ,, in a subsisting lease in respect of any waqf property , or in
any contract made with or any work being done for, the waqf or is in arrears in respect of any
sum due by him to such waqf; or
72
(i) continuously neglects his duties or commits any misfeasance, malfeasance
misappropriation/misapplication of funds or breach of trust in relation to the waqf or in respect
of any money or other waqf property: or
(j) wilfully and persistently disobeyed the lawful orders made by the Central Government,
State Government, Board under any provision of this Act or rule or order made thereunder;
(k) misappropriate or fraudulently dealt with the property of the waqf.
(l) as per the information/ audit report/report before the Board;
(1)
(2)
(3)
Therefore, by virtue of the powers conferred under Sec. 64(3) of the Waqf Act, 1995, notice is
hereby given that an enquiry will be held under Sub Rule (1) of Rule 66 of . Waqf Rules
1996 by the . State Board of Waqfs.
You are therefore called upon to file your objections, if any, to the said enquiry , within seven
days, from the date of service of this Notice. If you fail to file your objections, the Board shall proceed
with the enquiry and take a decision under Sec. 64 of the Waqf Act, 1995 as required under law.
Chief Executive Officer
To
Shri
Copy to the concerned.
73
FORM 28
[See rule 56(3)]
NOTICE
(NOTICE FOR SUSPENSION OF MUT AWALLI/MANAGING
COMMITTEE OF _______________(W AQF INSTITUTION)
UNDER SEC. 64(5) OF THE WAQF ACT , 1995)
Whereas, action under Sec. 64(1) is contemplated against you Sri _________________
S/o _________________Mutawalli/ Managing Committee of (Waqf Institution).
Whereas, the .. Sta te Board of Waqfs has taken up an enquiry under Sec. 64(3) of the Waqf
Act, 1995 in this connection, and therefore your continuance in this office may hamper the
proceedings of the enquiry . Now therefore, in exercise of the powers conferred under Sec. 64(4),
.. State Board of Waqfs has decided to keep you under suspension from the office of the
Mutawalli/Secretary of Managing Committee of (Waqf institution).
You are therefore, called upon to explain as to why orders keeping you under suspension should not
be issued. If you fail to furnish an explanation, the Board shall proceed in accordance with law and
action will be taken to suspend you from the office of the Mutawalli/Secretary of the Managing
Committee of the above said institution, until the conclusion of enquiry initiated under Sec. 64(3) of
the Waqf Act, 1995.
Chief Executive Officer
Date:
Sri
Mutawalli/Secretary
___________________________________
___________________________________
Copy to the concerned
74
FORM 29
[See rule 57]
ANNUAL REPOR T REGARDING WAQF INSTITUTIONS
UNDER THE DIRECT MANAGEMENT OF THE BOARD
UNDER SEC. 65 OF THE WAQF ACT .
1. Name of the Waqf Institution.
2. Details of Registration of Institution under Section 37.
3. Order No. & date of taking the Institutions under direct management.
4. Name of the Official/person appointed as Administrator of Waqf Institution.
5. Income of the Waqf for the preceding year
6. Steps taken by the Administrator to improve the income of Waqf.
7. Period for which the Waqf is under the direct management and reasons for not entrusting the
waqf to the Mutawalli/Managing Committee during the year.
8. Details of immoveable property and the income therefrom.
9. Details of project intended after taking the institution under direct management.
10. No. of Resolutions made after taking the Institution under the direct management.
11. Details of collection of arrears by way of rents/lease amount etc.
12. Details of Waqf contribution paid.
13. Recommendation of Board to the state Government regarding continuance under direct
management.
(i)
(ii)
(iii)
(iv)
Chief Executive Officer
..State Waqf Board
75
FORM 28
[See rule 56(3)]
NOTICE
(NOTICE FOR SUSPENSION OF MUT AWALLI/MANAGING
COMMITTEE OF _______________(W AQF INSTITUTION)
UNDER SEC. 64(5) OF THE WAQF ACT , 1995)
Whereas, action under Sec. 64(1) is contemplated against you Sri _________________
S/o _________________Mutawalli/ Managing Committee of (Waqf Institution).
Whereas, the .. Sta te Board of Waqfs has taken up an enquiry under Sec. 64(3) of the Waqf
Act, 1995 in this connection, and therefore your continuance in this office may hamper the
proceedings of the enquiry . Now therefore, in exercise of the powers conferred under Sec. 64(4),
.. State Board of Waqfs has decided to keep you under suspension from the office of the
Mutawalli/Secretary of Managing Committee of (Waqf institution).
You are therefore, called upon to explain as to why orders keeping you under suspension should not
be issued. If you fail to furnish an explanation, the Board shall proceed in accordance with law and
action will be taken to suspend you from the office of the Mutawalli/Secretary of the Managing
Committee of the above said institution, until the conclusion of enquiry initiated under Sec. 64(3) of
the Waqf Act, 1995.
Chief Executive Officer
Date:
Sri
Mutawalli/Secretary
___________________________________
___________________________________
Copy to the concerned
74
FORM 29
[See rule 57]
ANNUAL REPOR T REGARDING WAQF INSTITUTIONS
UNDER THE DIRECT MANAGEMENT OF THE BOARD
UNDER SEC. 65 OF THE WAQF ACT .
1. Name of the Waqf Institution.
2. Details of Registration of Institution under Section 37.
3. Order No. & date of taking the Institutions under direct management.
4. Name of the Official/person appointed as Administrator of Waqf Institution.
5. Income of the Waqf for the preceding year
6. Steps taken by the Administrator to improve the income of Waqf.
7. Period for which the Waqf is under the direct management and reasons for not entrusting the
waqf to the Mutawalli/Managing Committee during the year.
8. Details of immoveable property and the income therefrom.
9. Details of project intended after taking the institution under direct management.
10. No. of Resolutions made after taking the Institution under the direct management.
11. Details of collection of arrears by way of rents/lease amount etc.
12. Details of Waqf contribution paid.
13. Recommendation of Board to the state Government regarding continuance under direct
management.
(i)
(ii)
(iii)
(iv)
Chief Executive Officer
..State Waqf Board
75
FORM 30
[See rule 58(2)]
SHOW CAUSE NOTICE
Show Cause Notice under sub-section 2 of section 67 of the Waqf Act, 1995 for superseding a
Committee for supervision/management of (Waqf institution) ________________constituted under
Sec 67(1) of the Wakf Act, 1995, for a term of ________period by the Board because the Committee
so constituted is not performing/managing the issue in the interest of Wakfs for the reasons:
i)
ii)
iii)
iv)
(reasons shown above shall be the complaints and written objections about the same,
observation of mis-management and misuse during the course of inspection etc., shall be indicated
specifically).
Now therefore by virtue of the powers conferred with the . State Board of Waqfs under
Sub Sec. (2) of Sec 67 of the Wakf Act, 1995, you are called upon to explain within one month from
the date of issue of this Notice as to why an order of suppression of the Committee should not be
passed. If no reply is received from you within the stipulated time, then the Board will proceed to
pass an order under Sub Sec (2) of Sec, 67 of the Waqf Act, 1995.
By Order of the Board
Date: Chief Executive Officer
To
The Secretary/President,
Managing Committee
________________
________________
Copy to the Chairman, Distt. Waqf Advisory Committee __________the concerned.
76
FORM 31
[See rule 58(5)]
SHOW CAUSE NOTICE
Show Cause Notice to be issued to a Member for his removal from a committee under Sec.
67(6) of the Waqf Act, 1995
Whereas Janab _____________S/o_________________was appointed as a Member of the
Managing Committee of (Waqf institution) ____________ by the Board under Sec. 67 (1) of the
Waqf Act, 1995 on ____________Whereas, now there is sufficient evidence that Janab
_____________Member of the above said committee has abused his position in such member or has
knowingly acted in a manner prejudicial to the interests of the Wakfs for the following reasons:
(i)
(ii)
(iii)
(iv)
(v)
(contents be taken from complaints, report of mis-conduct of the member in the meetings of the
managing committee, report from the Mutawalli/Secretary of the Committee duly verified shall be
indicated specifically)
Therefore, by virtue of powers conferred with the .. State Board of W aqfs under Sub
Sec (6) of Sec. 67 of the Wakf Act, 1995, Janab ________is hereby called upon to show cause as to
why an order should not be passed for your removal from the membership of the above said
committee within seven days from the date of service of this Notice. If no reply is received, the Board
shall proceed with in accordance with law under Sec.67(6) of the Waqf Act, 1995.
By Order of the Board
Date: Chief Executive Officer
To
Janab____________
Member , Managing Committee
Copy to the Chairman, Distt. Waqf Advisory Committee __________the concerned.
77
FORM 30
[See rule 58(2)]
SHOW CAUSE NOTICE
Show Cause Notice under sub-section 2 of section 67 of the Waqf Act, 1995 for superseding a
Committee for supervision/management of (Waqf institution) ________________constituted under
Sec 67(1) of the Wakf Act, 1995, for a term of ________period by the Board because the Committee
so constituted is not performing/managing the issue in the interest of Wakfs for the reasons:
i)
ii)
iii)
iv)
(reasons shown above shall be the complaints and written objections about the same,
observation of mis-management and misuse during the course of inspection etc., shall be indicated
specifically).
Now therefore by virtue of the powers conferred with the . State Board of Waqfs under
Sub Sec. (2) of Sec 67 of the Wakf Act, 1995, you are called upon to explain within one month from
the date of issue of this Notice as to why an order of suppression of the Committee should not be
passed. If no reply is received from you within the stipulated time, then the Board will proceed to
pass an order under Sub Sec (2) of Sec, 67 of the Waqf Act, 1995.
By Order of the Board
Date: Chief Executive Officer
To
The Secretary/President,
Managing Committee
________________
________________
Copy to the Chairman, Distt. Waqf Advisory Committee __________the concerned.
76
FORM 31
[See rule 58(5)]
SHOW CAUSE NOTICE
Show Cause Notice to be issued to a Member for his removal from a committee under Sec.
67(6) of the Waqf Act, 1995)
Whereas Janab _____________S/o_________________was appointed as a Member of the
Managing Committee of (Waqf institution) ____________ by the Board under Sec. 67 (1) of the
Waqf Act, 1995 on ____________Whereas, now there is sufficient evidence that Janab
_____________Member of the above said committee has abused his position in such member or has
knowingly acted in a manner prejudicial to the interests of the Wakfs for the following reasons:
(i)
(ii)
(iii)
(iv)
(v)
(contents be taken from complaints, report of mis-conduct of the member in the meetings of the
managing committee, report from the Mutawalli/Secretary of the Committee duly verified shall be
indicated specifically)
Therefore, by virtue of powers conferred with the .. State Board of W aqfs under Sub
Sec (6) of Sec. 67 of the Wakf Act, 1995, Janab ________is here |
Sec (6) of Sec. 67 of the Wakf Act, 1995, Janab ________is hereby called upon to show cause as to
why an order should not be passed for your removal from the membership of the above said
committee within seven days from the date of service of this Notice. If no reply is received, the Board
shall proceed with in accordance with law under Sec.67(6) of the Waqf Act, 1995.
By Order of the Board
Date: Chief Executive Officer
To
Janab____________
Member , Managing Committee
Copy to the Chairman, Distt. Waqf Advisory Committee __________the concerned.
77
FORM 32
[See rule 59(1)]
NOTICE
(NOTICE UNDER SUB-SECTION (1) OF SECTION 69 OF THE WAQF ACT ,
1995 TO THE MUT AWALLI/MANAGING COMMITTEE OR THE APPLICANT
TO ADOPT THE SCHEME OF MANAGEMENT APPROVED BY THE BOARD
FOR PROPER ADMINISTRA TION OF WAQF )
Whereas, under sub section (1) of Section 69 of the Waqf Act 1995, a Model Scheme of
Management is prescribed for any Waqfs and whereas, in view of provision prescribed in above sub
section, the Muthavalli/Secretary of Managing Committee of (Waqf institution)
_____________________________is required to propose to prepare Scheme of Management with
reference to Mansha-e-W aqif of _______________(W aqf institution).
It is hereby notified that the Mutawalli/applicant under Sub Sec (1) of Sec. 69 of the Waqf Act,
1995, shall furnish the said Scheme alongwith the Resolution of the Managing Committee/General
Body within fifteen days from the date of receipt of this Notice.
Date: Chief Executive Officer
To
The Mutawalli/applicant
Of Managing Committee,
_____________________
_____________________
Copy to the Chairman, Distt. Waqf Advisory Committee, ________________the concerned.
78
FORM 33
[Refer rule 61(2)]
(STATEMENT INDICA TING THE NET ANNUAL INCOME OF THE WAQF AND THE
TH
CONTRIBUTION P AYABLE TO BE FURNISHED BY 15 JUNE EVER Y YEAR).
1. Name of the Waqf
2. The income assessed as per Statement of Accounts
3. Deduction from the income as per Sub Sec. (1) of Sec. 75
i)
ii)
iii)
iv)
v)
4. Net profit derived from the Waqf
5. 7% Waqf Contribution payable to the Waqf Board.
Signatur e of Mutawalli/
Secretary of the Managing Committee
To
The Chief Executive Officer
Karnataka State Board of Waqfs
Or
Authorised Officer
____________________
___________________
Copy to the Chairman, DWAC _______________________________
79
FORM 32
[See rule 59(1)]
NOTICE
(NOTICE UNDER SUB-SECTION (1) OF SECTION 69 OF THE WAQF ACT ,
1995 TO THE MUT AWALLI/MANAGING COMMITTEE OR THE APPLICANT
TO ADOPT THE SCHEME OF MANAGEMENT APPROVED BY THE BOARD
FOR PROPER ADMINISTRA TION OF WAQF )
Whereas, under sub section (1) of Section 69 of the Waqf Act 1995, a Model Scheme of
Management is prescribed for any Waqfs and whereas, in view of provision prescribed in above sub
section, the Muthavalli/Secretary of Managing Committee of (Waqf institution)
_____________________________is required to propose to prepare Scheme of Management with
reference to Mansha-e-W aqif of _______________(W aqf institution).
It is hereby notified that the Mutawalli/applicant under Sub Sec (1) of Sec. 69 of the Waqf Act,
1995, shall furnish the said Scheme alongwith the Resolution of the Managing Committee/General
Body within fifteen days from the date of receipt of this Notice.
Date: Chief Executive Officer
To
The Mutawalli/applicant
Of Managing Committee,
_____________________
_____________________
Copy to the Chairman, Distt. Waqf Advisory Committee, ________________the concerned.
78
FORM 33
[Refer rule 61(2)]
(STATEMENT INDICA TING THE NET ANNUAL INCOME OF THE WAQF AND THE
TH
CONTRIBUTION P AYABLE TO BE FURNISHED BY 15 JUNE EVER Y YEAR).
1. Name of the Waqf
2. The income assessed as per Statement of Accounts
3. Deduction from the income as per Sub Sec. (1) of Sec. 75
i)
ii)
iii)
iv)
v)
4. Net profit derived from the Waqf
5. 7% Waqf Contribution payable to the Waqf Board.
Signatur e of Mutawalli/
Secretary of the Managing Committee
To
The Chief Executive Officer
Karnataka State Board of Waqfs
Or
Authorised Officer
____________________
___________________
Copy to the Chairman, DWAC _______________________________
79
FORM 34
[See rule 63(1)]
(Part-A)
BUDGET ESTIMA TE OF INCOME AND EXPENDITURE FOR THE
FINANCIAL YEAR 20.-20..
DET AILS
INCOME EXPENDITURE
Head Actual Budget Revised Budget Head Actual Budget Revised Budget
of for estimate estimate estimate of for year estimates budget estimates
income immediately of of for next expen- immediately of estimate for next
preceding current current financial diture preceding current for the financial
year year year year year current year current year
year year
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1.Contributions from auqaf under 1.Deficit from previous year.
section 72 (1)
2. Other income:-
(a)Interest on investments and advances. (a)Allowance of fees to the Chairperson or
members of the Board or Committees
(b)Fees for supply of documents and (b)(i)Pay of Chief Executive Officer
other petty items. (ii)Pay of establishment in the Board s office
(c)Rents of land and building (c)(i)Travelling allowance(ii) Other
allowances
(d)Cash grants and amenities (d)(i)Rents,
(ii)Postage
(iii)Stationary
(iv)Books and periodicals
(v)Electric and lighting charges
(vi)Telephone charges
(vii) Printing charges
80
(viii) Furniture
(ix)Miscellaneous
(e)Sale of securities, stocks, debenture (e)(i)Lawyer s fee
or other valuable charges (ii)Stamp charges
(iii)Court fees
(f)Sale of immovable properties (f)(i)Interest on loans
(ii)Loans and advances
(g)other receipts (g)(i)Grants and scholarships
(ii)Capital expenditure on land and building
(iii)Maintenance and repair
(iv)Purchase of securities
(h)(i)Fuel for vehicles
(ii)Maintenance for vehicles
Total
DEFICIT/Surplus at the end of the next financial year
(Part-B)
BUDGET ESTIMA TE OF RECEIPTS AND P AYMENTS
FOR THE FINANCIAL YEAR
Receipt Actual for Budget Revised Budget Head of Actuals for Budget Revised Budget
the year estimate budget estimate payments year estimate budget estimate
immediately of estimate for next immediately of estimate for next
preceding current for financial preceding current for financial
current year year current year current year current year
year year year
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Cash balance from previous year
(i)Income (i)Expenditure
(ii)Loans (ii)Payment of loans*
Cash balance at the end of year **
81
FORM 34
[See rule 63(1)]
(Part-A)
BUDGET ESTIMA TE OF INCOME AND EXPENDITURE FOR THE
FINANCIAL YEAR 20.-20..
DET AILS
INCOME EXPENDITURE
Head Actual Budget Revised Budget Head Actual Budget Revised Budget
of for estimate estimate estimate of for year estimates budget estimates
income immediately of of for next expen- immediately of estimate for next
preceding current current financial diture preceding current for the financial
year year year year year current year current year
year year
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1.Contributions from auqaf under 1.Deficit from previous year.
section 72 (1)
2. Other income:-
(a)Interest on investments and advances. (a)Allowance of fees to the Chairperson or
members of the Board or Committees
(b)Fees for supply of documents and (b)(i)Pay of Chief Executive Officer
other petty items. (ii)Pay of establishment in the Board s office
(c)Rents of land and building (c)(i)Travelling allowance(ii) Other
allowances
(d)Cash grants and amenities (d)(i)Rents,
(ii)Postage
(iii)Stationary
(iv)Books and periodicals
(v)Electric and lighting charges
(vi)Telephone charges
(vii) Printing charges
80
(viii) Furniture
(ix)Miscellaneous
(e)Sale of securities, stocks, debenture (e)(i)Lawyer s fee
or other valuable charges (ii)Stamp charges
(iii)Court fees
(f)Sale of immovable properties (f)(i)Interest on loans
(ii)Loans and advances
(g)other receipts (g)(i)Grants and scholarships
(ii)Capital expenditure on land and building
(iii)Maintenance and repair
(iv)Purchase of securities
(h)(i)Fuel for vehicles
(ii)Maintenance for vehicles
Total
DEFICIT/Surplus at the end of the next financial year
(Part-B)
BUDGET ESTIMA TE OF RECEIPTS AND P AYMENTS
FOR THE FINANCIAL YEAR
Receipt Actual for Budget Revised Budget Head of Actuals for Budget Revised Budget
the year estimate budget estimate payments year estimate budget estimate
immediately of estimate for next immediately of estimate for next
preceding current for financial preceding current for financial
current year year current year current year current year
year year year
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Cash balance from previous year
(i)Income (i)Expenditure
(ii)Loans (ii)Payment of loans*
Cash balance at the end of year **
81
* From the surplus of income over expenditure or from balance of loans, etc. when there is no
surplus.
** Includes advances of pay , travelling allowances and lawyer s fees.
(Part-C)
Actual for Budget Revised Head Budget Head of Budget Revised Budget Actuals
year estimate budget of estimate liabilities estimate estimate estimate for year
immediately of estimate assets for next for next for for immediately
preceding current for financial financial current current preceding
current year year current year year year year current
year year
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
Cash balance* Loans
Deficit /Surplus at the end of the year
* Includes advances of pay , travelling allowances and lawyer s fees.
(Part-D)
BUDGET ESTIMA TES OF INCOME AND EXPENDITURE DURING THE FINANCIAL
YEAR ABSTRACTS
Actual for Budget estimate Revised budget Budget Remarks
the immediately for estimate for estimates
preceding year current year current year for next year
(1) (2) (3) (4) (5)
Deficit/Surplus at the end of the next financial year.
82
FORM 35
[See rule 66(1)]
BEFORE THE TRIBUNAL ..
Between (A) : Name and Full address .. Applicant
V/S
B, C and D ........ Respondent
DETAILS OF THE APPLICA TION
1. Particulars of the orders against which the application is made. The application is made
against the following order:
(a) Order number
(b) Date
(c) Passed by
(d) Subject in brief
2. (a) Facts of the case
(b) Grounds for relief, including the relevant legal provisions in support of relief
3. Matters not previously filed or pending with the Tribunal or any Court including High
Court/Supreme Court.
The Applicant further declares that he had not previously filed any application/W rit Petition
regarding the matter in respect of which this application is made. In case the applicant had
previously filed any application/W rit Petition, the copy of the decision should be given.
4. Relief/Prayer
Verification: 1 (Name of the Application) .. S/o.. W/o
D/o ... age.. Occupation
residing at ............... .do hereby verify
that the contents of the Paras 1 to 4 are true to my knowledge and information and that I have not
suppressed any material facts.
(Note: Application shall be accompanied by a Court fee of rupees five hundred)
(SIGNA TURE OF APPLICANT)
Date:
Place:
83
* From the surplus of income over expenditure or from balance of loans, etc. when there is no
surplus.
** Includes advances of pay , travelling allowances and lawyer s fees.
(Part-C)
Actual for Budget Revised Head Budget Head of Budget Revised Budget Actuals
year estimate budget of estimate liabilities estimate estimate estimate for year
immediately of estimate assets for next for next for for immediately
preceding current for financial financial current current preceding
current year year current year year year year current
year year
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Rs. Rs. R |
) (4) (5) (6) (7) (8) (9) (10)
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
Cash balance* Loans
Deficit /Surplus at the end of the year
* Includes advances of pay , travelling allowances and lawyer s fees.
(Part-D)
BUDGET ESTIMA TES OF INCOME AND EXPENDITURE DURING THE FINANCIAL
YEAR ABSTRACTS
Actual for Budget estimate Revised budget Budget Remarks
the immediately for estimate for estimates
preceding year current year current year for next year
(1) (2) (3) (4) (5)
Deficit/Surplus at the end of the next financial year.
82
FORM 35
[See rule 66(1)]
BEFORE THE TRIBUNAL ..
Between (A) : Name and Full address .. Applicant
V/S
B, C and D ........ Respondent
DETAILS OF THE APPLICA TION
1. Particulars of the orders against which the application is made. The application is made
against the following order:
(a) Order number
(b) Date
(c) Passed by
(d) Subject in brief
2. (a) Facts of the case
(b) Grounds for relief, including the relevant legal provisions in support of relief
3. Matters not previously filed or pending with the Tribunal or any Court including High
Court/Supreme Court.
The Applicant further declares that he had not previously filed any application/W rit Petition
regarding the matter in respect of which this application is made. In case the applicant had
previously filed any application/W rit Petition, the copy of the decision should be given.
4. Relief/Prayer
Verification: 1 (Name of the Application) .. S/o.. W/o
D/o ... age.. Occupation
residing at ............... .do hereby verify
that the contents of the Paras 1 to 4 are true to my knowledge and information and that I have not
suppressed any material facts.
(Note: Application shall be accompanied by a Court fee of rupees five hundred)
(SIGNA TURE OF APPLICANT)
Date:
Place:
83
84FORM 36
[See rule 78]
CONTENT OF THE ANNUAL REPOR T ON THE WORKING AND
ADMINISTRA TION OF THE ..W AQF BOARD AND THE
ADMINISTRA TION OF AUQAF IN
INDEX
Section I: Administration and management
Section II: Financial position
Section III: Remunerative enterprises
Section IV: Removal of encroachment, protection and leasing of waqf property
Section V: Status of litigation with details of number of cases filed/defended in
Tribunals and courts and the results
Section VI: Development works
Section VII: Religious works including maintenance of mosques and shrines.
Section VIII: Charity
Section IX: Grant of educational and vocational institutions and centres
Section X: Any other activity
Section 1: Administration and management
1. Jurisdiction:-
(i) The area and population of Muslims.
(ii) Number of auqaf.
(iii) Number of circle and branches, if any.
(iv) Number of mutawallis.
(v) Number of waqf institutions.
(vi) Status of survey of waqf properties.
(vii) Number of new waqf registered during the year.
2. Personnel:-
(i) Number and names of Board members
(ii) Number of members by election and their names along with the electoral colleges.
(iii) Number of members by nomination, their names and category .
(iv) Chairperson-name and date of election.
(v) Chief Executive Officer name and period from which working
(vi) Names of other officers (office and field)
3. Meetings and attendance:-
(i) Number of ordinary and special meetings of the Board and meetings adjourned
meetings.
(ii) Regularity in holding of Board s meetings and attendance of members in the meetings.
(iii) Whether meetings of the Board held as per Rules and Regulations. If not, reason
thereof.
(iv) Information regarding agenda and resolution-number of resolution
(a) tabled during the year;
(b) passed;
(c) discussed and withdrawn;
(d) referred again by the Chief Executive Officer to the Board;
(e) referred by the Chief Executive Officer to the State Government, and
(f) dropped.
4. Committees
(i) Number of Standing Committees, their functions alongwith names of members.
(ii) General summary of work of each Committee, average attendance and comments of the
Board regarding the Standing Committees.
5. Summary of other meetings held in the head office or elsewhere during the year.
6. Date and details of Annual General meeting of the Board
Section II: Financial Position
1. Summary of the accounts during the year
Head of account Opening Receipt during Expenditure Closing balance
balance the year during
the year
(1) (2) (3) (4) (5)
Auqaf account
85
84FORM 36
[See rule 78]
CONTENT OF THE ANNUAL REPOR T ON THE WORKING AND
ADMINISTRA TION OF THE ..W AQF BOARD AND THE
ADMINISTRA TION OF AUQAF IN
INDEX
Section I: Administration and management
Section II: Financial position
Section III: Remunerative enterprises
Section IV: Removal of encroachment, protection and leasing of waqf property
Section V: Status of litigation with details of number of cases filed/defended in
Tribunals and courts and the results
Section VI: Development works
Section VII: Religious works including maintenance of mosques and shrines.
Section VIII: Charity
Section IX: Grant of educational and vocational institutions and centres
Section X: Any other activity
Section 1: Administration and management
1. Jurisdiction:-
(i) The area and population of Muslims.
(ii) Number of auqaf.
(iii) Number of circle and branches, if any.
(iv) Number of mutawallis.
(v) Number of waqf institutions.
(vi) Status of survey of waqf properties.
(vii) Number of new waqf registered during the year.
2. Personnel:-
(i) Number and names of Board members
(ii) Number of members by election and their names along with the electoral colleges.
(iii) Number of members by nomination, their names and category .
(iv) Chairperson-name and date of election.
(v) Chief Executive Officer name and period from which working
(vi) Names of other officers (office and field)
3. Meetings and attendance:-
(i) Number of ordinary and special meetings of the Board and meetings adjourned
meetings.
(ii) Regularity in holding of Board s meetings and attendance of members in the meetings.
(iii) Whether meetings of the Board held as per Rules and Regulations. If not, reason
thereof.
(iv) Information regarding agenda and resolution-number of resolution
(a) tabled during the year;
(b) passed;
(c) discussed and withdrawn;
(d) referred again by the Chief Executive Officer to the Board;
(e) referred by the Chief Executive Officer to the State Government, and
(f) dropped.
4. Committees
(i) Number of Standing Committees, their functions alongwith names of members.
(ii) General summary of work of each Committee, average attendance and comments of the
Board regarding the Standing Committees.
5. Summary of other meetings held in the head office or elsewhere during the year.
6. Date and details of Annual General meeting of the Board
Section II: Financial Position
1. Summary of the accounts during the year
Head of account Opening Receipt during Expenditure Closing balance
balance the year during
the year
(1) (2) (3) (4) (5)
Auqaf account
85
2. Investments, loans and grants: Details of capital investments, loans and grants may be given.
3. Audit:-
(i) The period for which the audit has been completed under section 80, and action taken on
the audit report.
(ii) Cases of mis-appropriation of money by the waqf institions and action taken under the
provisions of the Waqf Act, 1995 by the .. Waqf Board.
(iii) Cases of improvement in the finances of any waqf, whether under direct management.
(iv) Vigilance cases against the staff of Board.
Section III: Remunerative enterprises
1. Development of waqf properties from the funds of the Board or form loans from Central Waqf
Council or any other institution and the achievements thereof and increase in the income by the
development of the waqf.
2. Details of any other commercial project taken by the Board.
Section IV: Removal of encroachments, protection and leasing of waqf property .
1. Whether the list of encroachments is maintained by the Board and a programme to identify the
encroachment on waqf properties is taken up by the Board. If so, details thereof.
2. Progress in implementation of the relevant provisions of the Waqf Act, 1995 to remove
encroachments. Implementation of the orders and requisition sent to the Collector and
Executive Magistrates regarding the removal of encroachment and restoration of waqf
properties to be given with the action taken in detail. Problems faced by the Board in
enforcement of orders to be highlighted. Information for removal of encroachment to be given
in the following table:
Sl. No. Category of Number of Number of Number of cases
waqf encroachments encroachments where
detected removed proceedings
are pending
(1) (2) (3) (4) (5)
3. Leasing of waqf properties: Total number of waqf properties leased,. Number of proposals for
lease received and disposed of by the Board. Amount of lease, donation etc. received to be
given in details.
Section V: Status of litigation
1. Details of applications, suits and writ petition pending in various courts to be given.
86
Expenditure incurred by way of counsel fees to be given in the report. The ef ficiency of the
panel of Advocates to be examined by checking number of cases in which orders are passed in
favour of the Board.
2. Number of applications filed and defended in Tribunal and writs and suits filed in other courts
during the year. Expenditure on counsel fee and other expenditure in legal cases during the year
to be given.
3. Regarding Tribunals, the number of appeals and applications filed their disposal by each
Tribunal may be reviewed. Problems faced by the Tribunal(s) in the disposal of cases may be
highlighted. The Tribunal fee collected and its remittance to the waqf fund to be examined.
Section VI: Development works
1. Details of construction of buildings in head office and branch offices and schools etc. with their
estimate and expenditure during the year.
2. Maintenance of all such buildings mentioned in para (1) to be given with estimate and
expenditure on maintenance.
3. Development and maintenance of waqf property (not religious) like boundary walls etc, with
estimate and expenditure during the year.
Section VII: Religious work
1. Details of construction of mosques with estimate and expenditure.
2. Details of maintenance expenditure of mosques, dargahs etc, along with amount of electricity
bills.
3. Amount spent on urs and other festivals.
4. Details of salary of Imams and moazzins with number in different categories.
5. Details of grants to mosques.
Section VIII: Charity
1. Amount of pension of widows and orphans and details of their number district wise.
2. Amount of pension of retired Imams with details
3. Amount of other charity , like marriage of poor girls and others.
4. Amount of scholarship and number of students with classes.
5. Any other expenditure.
Section IX: Grant to educational and vocational institutions and centers
1. Details of expenditure on schools directly managed by the Board with their names, number of
teaching staff etc.
2. Details of recurring grants to school, college etc. run by private organizations with the names
87
2. Investments, loans and grants: Details of capital investments, loans and grants may be given.
3. Audit:-
(i) The period for which the audit has been completed under section 80, and action taken on
the audit report.
(ii) Cases of mis-appropriation of money by the waqf institions and action taken under the
provisions of the Waqf Act, 1995 by the .. Waqf Board.
(iii) Cases of improvement in the finances of any waqf, whether under direct management.
(iv) Vigilance cases against the staff of Board.
Section III: Remunerative enterprises
1. Development of waqf properties from the funds of the Board or form loans from Central Waqf
Council or any other institution and the achievements thereof and increase in the income by the
development of the waqf.
2. Details of any other commercial project taken by the Board.
Section IV: Removal of encroachments, protection and leasing of waqf property .
1. Whether the list of encroachments is maintained by the Board and a programme to identify the
encroachment on waqf properties is taken up by the Board. If so, details thereof.
2. Progress in implementation of the relevant provisions of the Waqf Act, 1995 to remove
encroachments. Implementation of the orders and requisition sent to the Collector and
Executive Magistrates regarding the removal of encroachment and restoration of waqf
properties to be given with the action taken in detail. Problems faced by the Board in
enforcement of orders to be highlighted. Information for removal of encroachment to be given
in the following table:
Sl. No. Category of Number of Number of Number of cases
waqf encroachments encroachments where
detected removed proceedings
are pending
(1) (2) (3) (4) (5)
3. Leasing of waqf properties: Total number of waqf properties leased,. Number of proposals for
lease received and disposed of by the Board. Amount of lease, donation etc. received to be
given in details.
Section V: Status of litigation
1. Details of applications, suits and writ petition pending in various courts to be given.
86
Expenditure incurred by way of counsel fees to be given in the report. The ef ficiency of the
panel of Advocates to be examined by checking number of cases in which orders are passed in
favour of the Board.
2. Number of applications filed and defended in Tribunal and writs and suits filed in other courts
during the year. Expenditure on counsel fee and other expenditure in legal cases during the year
to be given.
3. Regarding Tribunals, the number of appeals and applications filed their disposal |
in legal cases during the year
to be given.
3. Regarding Tribunals, the number of appeals and applications filed their disposal by each
Tribunal may be reviewed. Problems faced by the Tribunal(s) in the disposal of cases may be
highlighted. The Tribunal fee collected and its remittance to the waqf fund to be examined.
Section VI: Development works
1. Details of construction of buildings in head office and branch offices and schools etc. with their
estimate and expenditure during the year.
2. Maintenance of all such buildings mentioned in para (1) to be given with estimate and
expenditure on maintenance.
3. Development and maintenance of waqf property (not religious) like boundary walls etc, with
estimate and expenditure during the year.
Section VII: Religious work
1. Details of construction of mosques with estimate and expenditure.
2. Details of maintenance expenditure of mosques, dargahs etc, along with amount of electricity
bills.
3. Amount spent on urs and other festivals.
4. Details of salary of Imams and moazzins with number in different categories.
5. Details of grants to mosques.
Section VIII: Charity
1. Amount of pension of widows and orphans and details of their number district wise.
2. Amount of pension of retired Imams with details
3. Amount of other charity , like marriage of poor girls and others.
4. Amount of scholarship and number of students with classes.
5. Any other expenditure.
Section IX: Grant to educational and vocational institutions and centers
1. Details of expenditure on schools directly managed by the Board with their names, number of
teaching staff etc.
2. Details of recurring grants to school, college etc. run by private organizations with the names
87
of educational institutions.
3. Details of recurring grants to madarsa s with their names and place.
4. Information of one time grant of schools, colleges, madarsa s etc. with name of institution,
their address and amount of grant.
5. Details of grants to vocational centre.
6. Details of activities with expenditure on the promotion or Urdu.
Section X:Any other activity
1. Visit of distinguished persons and address.
2. Relationship between the Board and the Chief Executive Officer in the smooth administration
of the Board.
3. Inspection of Waqf Committees, Waqf Institutions and inspection by the Chief Executive
Officer or other officers and the compliance of the said inspection.
4. Action taken on the review by the Government on the annual report of the preceding year.
Conclusion
Any other important matter affecting the general Administration of the Board and the waqf
institutions.
CHIEF EXECUTIVE OFFICER CHAIRPERSON OF ..
WAQF BOARD
88 |
THE BUREAU OF INDIAN STANDARDS ACT, 2016
ACT NO. 11 OF 2016
[21st March , 2016.]
An Act to provide for the establishment of a national standards body for the harmonious
development of the activities of standardisation, conformity assessment and quality assurance
of goods, articles, processes, systems and services and for matters connec ted therewith or
incidental thereto.
BE it enacted by Parliament in the Sixty -seventh Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .(1) This Act may be called the Bureau of Indian
Standards Act, 2016.
(2) It extends to the whole of India.
(3) It shall come into force on such 1date as the Central Government may, by notification in the
Official Gazette, appoint .
2. Definitions . In this Act, unless the context otherwise requires,
(1) article means any substance, artificial or natural, or partly artificial or partly natural,
whether raw or partly or wholly processed or manufactured or handmade within India or imported
into India;
(2) assaying and hallmarking centre means a testing and markin g centre recognised by the
Bureau to determine the purity of precious metal articles and to apply hallmark on the precious metal
articles in a manner as may be determined by regulations;
(3) Bureau means the Bureau of Indian Standards established under s ection 3;
(4) certification officer means a certification officer appointed under sub -section ( 1) of
section 27;
(5) certified body means a holder of certificate of conformity or licence under sub -section ( 2)
of section 13 in relation to any goods, article, process, system or service which conforms to a
standard;
(6) certified jeweller means a jeweller who has been granted a certificate by the Bureau to get
manufactured for sale or to sell any precious metal article after getting the same hallmarke d in a
manner as may be determined by regulations;
(7) conformity assessment means demonstration that requirements as may be specified relating
to an article, process, system, service, person or body are fulfilled;
(8) conformity assessment scheme mean s a scheme relating to such goods, article, process,
system or service as may be notified by the Bureau under section 12;
(9) consumer means a person as defined in the Consumer Protection Act, 1986 (68 of 1986);
(10) covering includes any stopper, cask, bottle, vessel, box, crate, cover, capsule, case, frame,
wrapper, bag, sack, pouch or other container;
(11) Director General means the Director General appointed under sub -section ( 1) of section 7;
1. 12th October 2017, vide Notification No. S.O.3295(E) dated 12th October 2017 , see Gazette of India, Extraordi nary, Part II,
Section 3 ( ii).
4 (12) Executive Committee means the Executive Committee constituted under sub -section ( 1) of
section 4;
(13) fund means the fund constituted under section 20;
(14) goods includes all kinds of movable properties under the Sale of Goods
Act, 1930 (3 of 1930), other than actionable claims, money, stocks and shares;
(15) Governing Council means a Governing Council constituted under sub -section ( 3) of
section 3;
(16) Hallmark means in relation to precious metal article, the Standard Mark, which indicate s
the proportionate content of precious metal in that article as per the relevant Indian Standard;
(17) Indian Standard means the standard including any tentative or provisional standard
established and published by the Bureau, in relation to any goods, article, process, system or service,
indicative of the quality and specification of such goods, article, process, system or service and
includes
(i) any standard adopted by the Bureau under sub -section ( 2) of section 10; and
(ii) any standard established and published, or recognised, by the Bureau of Indian Standards
established under the Bureau of Indian Standard Act, 1986 (63 of 1986), which was in force
immediately before the commencement of this Act ;
(18) Indian Standards Institution means the Indian Standards Institution registered under the
Societies Registration Act, 1860 (21 of 1860) ;
(19) jeweller means a person engaged in the business to get manufactured precious metal article
for sale or to sell precious metal articles;
(20) licence means a licence granted under section 13 to use a specified Standard Mark in
relation to any goods, article, process, system or service, which conforms to a standard;
(21) manufacturer means a person responsible for designing and manufacturing any goods or
article;
(22) mark includes a device, brand, heading, label, ticket, pictorial representation, name,
signature, word, letter or numeral or any combination thereof;
(23) member means a member of the Governing Council, Executive Committee or any of the
Advisory Committee;
(24) notification means a notification published in the Official Gazette and the expression
notify or notified shall be construed accordingly;
(25) person means a manufacturer, an importer, a distributor, retailer, s eller or lessor of goods
or article or provider of service or any other person who uses or applies his name or trade mark or any
other distinctive mark on to goods or article or while providing a service, for any consideration or
gives goods or article or provides service as prize or gift for commercial purposes including their
representative and any person who is engaged in such activities, where the manufacturer, importer,
distributor, retailer, seller, lessor or provider of service cannot be identified;
(26) precious metal means gold, silver, platinum and palladium;
(27) precious metal article means any article made entirely or in part from precious metals or
their alloys;
(28) prescribed means prescribed by rules made under this Act;
(29) process means a set of inter -related or interacting activities, which transforms inputs into
outputs;
5 (30) recognised testing and marking centre means a testing and marking centre recognised by
the Bureau under sub -section ( 5) of section 14;
(31) recognised testing laboratory means a testing laboratory recognised by the Bureau under
sub-section ( 4) of section 13;
(32) registering authority means any authority competent under any law for the time being in
force to register any company, firm or other body o f persons, or any trade mark or design, or to grant
a patent;
(33) regulations means regulations made by the Bureau under this Act;
(34) sale means to sell, distribute, hire, lease or exchange of goods, article, process, system or
service for any consi deration or for commercial purposes;
(35) seller means a person who is engaged in the sale of any goods, article, process, system or
service;
(36) service means the result generated by activities at the interface between an organisation
and a customer and by organisation s internal activities, to meet customer requirements;
(37) specification means a description of goods, article, process, system or service as far as
practicable by reference to its nature, quality, strength, purity, composition, quant ity, dimensions,
weight, grade, durability, origin, age, material, mode of manufacture or processing, consistency and
reliability of service delivery or other characteristics to distinguish it from any other goods, article,
process, system or service;
(38) specified means specified by the regulations;
(39) standards means documented agreements containing technical specifications or other
precise criteria to be used consistently as rules, guidelines, or definitions of characteristics, to ensure
that goods, articles, processes, systems and services are fit for their pu rpose;
(40) Standard Mark means the mark specified by the Bureau, and includes Hallmark, to
represent conformity of goods, article, process, system or service to a particular Indian Standard or
conformity to a standard, the mark of which has been establi shed, adopted or recognised by the
Bureau and is marked on the article or goods as a Standard Mark or on its covering or label attached
to such goods or article so marked;
(41) system means a set of inter -related or interacting elements;
(42) testing la boratory means a body set up for the purpose of testing of goods or article against
a set of requirements and report its findings;
(43) trade mark means a mark used or proposed to be used in relation to goods or article or
process or system or service f or the purpose of indicating, or so as to indicate, a connection in the
course of trade of goods, article, process, system or service, as the case may be, and some person
having the right, either as proprietor or as registered user, to use the mark, whethe r with or without
any indication of the identity of that person.
CHAPTER II
BUREAU OF INDIAN STANDARDS
3. Establishment of Bureau and Constitution of Governing Council .(1) With effect from such
date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there
shall be established a national body for the purposes of this Act, a Bureau, to be called the Bureau of
Indian Standards.
(2) The Bureau shall be a body corporate by the name aforesaid, having perpetual succe ssion and a
common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and to contract and shall by the said name sue and be sued.
6 (3) The members of the Governing Council shall con stitute the Bureau and general superintendence,
direction and management of the affairs of the Bureau shall vest in the Governing Council, which shall
consist of the following members, namely:
(a) the Minister in -charge of the Ministry or Department of th e Central Government having
administrative control of the Bureau who shall be ex officio President of the Bureau;
(b) the Minister of State or a Deputy Minister, if any, in the Ministry or Department of the
Central Government having administrative control of the Bureau who shall be ex officio
Vice -President of the Bureau, and where there is no such Minist er of State or Deputy Minister, such
person as may be nominated by the Central Government to be the Vice -President of the Bureau;
(c) the Secretary to the Government of India of the Ministry or Department of the Central
Government having administrative con trol of the Bureau, ex officio ;
(d) the Director General of the Bureau, ex officio ;
(e) such number of other persons to represent the Government, industry, scientific and research
institutions, consumers and other interests, as may be prescribed, to be app ointed by the Central
Government.
(4) The term of office of the members referred to in clause ( e) of sub -section ( 3) and the manner of
filling vacancies among, and the procedure to be followed in the discharge of their functions by the
members, shall be such as may be prescribed:
Provided that a member, other than an ex officio member of the Bureau of Indian Standards
constituted under the Bureau of Indian Standards Act, 1986 (63 of 1986), shall, after the commencement
of this Act, continue to hold such o ffice as member till the completion of his term
(5) The Governing Council may associate with itself, in such manner and for such purposes as may be
prescribed, any person whose assistance or advice it may desire in complying with any of the provisions
of this Act and a person so associated shall have the right to take part in the discussions of the Governing
Council relevant to the purposes for which he has been associated but shall not have the right to vote.
(6) The Governing Council may, by general or sp ecial order in writing, delegate to any member, the
Director General or any other person subject to such conditions, if any, as may be specified in the order,
such of its powers and functions under this Act except the powers under section 37 as it may deem
necessary.
4. Executive Committee of Bureau .(1) The Governing Council may, with the prior approval of
the Central Government, by notification in the Official Gazette, constitute an Executive Committee which
shall consist of the following members, namely:
(a) Director General of the Bureau, who shall be its ex officio Chairman; and
(b) such number of members, as may be prescribed.
(2) The Executive Committee constituted under sub -section ( 1) shall perform, exercise and discharge
such functions, powers and duties of the Bureau, as may be delegated to it by the Governing Council .
5. Advisory Committees of Bureau .(1) Subject to any regulations made in this behalf, the
Governing Council may, from time to time and as and when it is considered necessary, con stitute the
following Advisory Committees for the efficient discharge of the functions of the Bureau, namely:
(a) Finance Advisory Committee;
(b) Conformity Assessment Advisory Committee;
(c) Standards Advisory Committee;
(d) Testing and Calibration Advisory Committee; and
(e) such number of other committees as may be specified by regulations.
7 (2) Each Advisory Committee shall consist of a Chairman and such other members as may be
specified by regulations .
6. Vacancies, etc., not to invalidate act or proceedings .No act or proceedings of the Governing
Council, under section 3 shall be invalid merely by reason of
(a) any vacancy in, or any defect in the constitution of the Governing Council; or
(b) any defect in the appointment of a person acting as a member of the Governing Council; or
(c) any irregularity in the procedure of the Governing Council not affecting the merits of the case
7. Director General .(1) The Central Government shall appoint a Director General of the Bureau.
(2) The terms and conditions of service of the Director General of the Bureau shall be such as may be
prescribed.
(3) Subject to the general superintendence and control of the Governing Council, the Director General
of the B ureau shall be the Chief Executive Authority of the Bureau.
(4) The Director General of the Bureau shall exercise and discharge such of the powers and duties of
the Bureau as may be specified by regulations.
(5) The Director General may, by general or spec ial order in writing, delegate to any officer of the
Bureau subject to such conditions, if any, as may be specified in the order, such of his powers and
functions as are assigned to him under the regulations or are delegated to him by the Governing Council ,
as he may deem necessary .
8. Officers and employees of Bureau .(1) The Bureau may appoint such other officers and
employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The terms and conditions of service of officers and employees of the Bureau appointed under
sub-section ( 1) shall be such as may be specified by regulations.
9. Powers and functions of Bureau .(1) The powers and duties as may be assigned to the B ureau
under this Act shall be exercised and performed by the Governing Council and, in particular, such powers
may |
the B ureau
under this Act shall be exercised and performed by the Governing Council and, in particular, such powers
may include the power to
(a) establish branches, offices or agencies in India or outside;
(b) recognise, on reciprocal basis or otherwise, with the prior approval of the Central
Government, the mark of any international body or institution, on such terms and conditions as may
be mutually agreed upon by the Bureau in relation to any goods, article, process, system or service at
par with the Standar d Mark for such goods, article, process, system or service;
(c) seek recognition of the Bureau and of the Indian Standards outside India on such terms and
conditions as may be mutually agreed upon by the Bureau with any corresponding institution or
organis ation in any country or with any international organisation;
(d) enter into and search places, premises or vehicles, and inspect and seize goods or articles and
documents to enforce the provisions of this Act;
(e) provide services to manufacturers and cons umers of goods or articles or processes for
compliances of standards on such terms and conditions as may be mutually agreed upon;
(f) provide training services in relation to quality management, standards, conformity assessment,
laboratory testing and cali bration, and any other related areas;
(g) publish Indian Standards and sell such publications and publications of international bodies;
(h) authorise agencies in India or outside India for carrying out any or all activities of the Bureau
and such other pur poses as may be necessary on such terms and conditions as it deems fit;
(i) obtain membership in regional, international and foreign bodies having objects similar to that
of the Bureau and participate in international standards setting process;
8 (j) underta ke testing of samples for purposes other than for conformity assessment; and
(k) undertake activities relating to legal metrology.
(2) The Bureau shall take all necessary steps for promotion, monitoring and management of the
quality of goods, articles, pro cesses, systems and services, as may be necessary, to protect the interests of
consumers and various other stake holders which may include the following namely:
(a) carrying out market surveillance or survey of any goods, article, process, system or service to
monitor their quality and publish findings of such surveillance or surveys;
(b) promotion of quality in connection with any goods, article, process, system or service b y
creating awareness among the consumers and the industry and educate them about quality and
standards in connection with any goods, article, process, system and service;
(c) promotion of safety in connection with any goods, article, process, system or service;
(d) identification of any goods, articles, process, system or service for which there is a need to
establish a new Indian Standard, or to revise an existing Indian Standard;
(e) promoting the use of Indian Standards;
(f) recognising or accrediting any institution in India or outside which is engaged in conformity
certification and inspection of any goods, article, process, system or service or of testing laboratories;
(g) coordina tion and promotion of activities of any association of manufacturers or consumers or
any other body in relation to improvement in the quality or in the implementation of any quality
assurance activities in relation to any goods, article, process, system or service; and
(h) such other functions as may be necessary for promotion, monitoring and management of the
quality of goods, articles, processes, systems and services and to protect the interests of consumers
and other stake holders.
(3) The Bureau shall p erform its functions under this section through the Governing Council in
accordance with the direction and subject to such rules as may be made by the Central Government.
CHAPTER III
INDIAN STANDARDS , CERTIFICATION AND LICENCE
10. Indian Standards . (1) The standards established by the Bureau shall be the Indian Standards.
(2) The Bureau may
(a) establish, publish, review and promote the Indian Standard, in relation to any goods, article,
process, system or service in such manner as may be prescribed;
(b) adopt as Indian Standard, any standard, established by any other Institution in India or
elsewhere, in relation to any goods, article, process, system or service in such manner as may be
prescribed;
(c) recognise or accredit any institution in India or o utside which is engaged in standardisation;
(d) undertake, support and promote such research as may be necessary for formulation of Indian
Standards.
(3) The Bureau, for the purpose of this section, shall constitute, as and when considered necessary,
such number of technical committees of experts for the formulation of standards in respect of goods,
articles, processes, systems or services, as may be necessary.
(4) The Indian Standard shall be notified and remain valid till withdrawn by the Bureau.
(5) Notw ithstanding anything contained in any other law, the copyright in an Indian Standard or any
other publication of the Bureau shall vest in the Bureau.
9 11. Prohibition to publish, reproduce or record without authorisation by Bureau .(1) No
individual shall, without the authorisation of the Bureau, in any manner or form, publish, reproduce or
record any Indian Standard or part thereof, or any other publication of the Bureau.
(2) No person shall issue a document that creates, or may creat e the impression that it is or contains
an Indian Standard, as contemplated in this Act:
Provided that nothing in this sub -section shall prevent any individual from making a copy of Indian
Standard for his personal use .
12. Conformity Assessment scheme .(1) The Bureau may notify a specific or different conformity
assessment scheme for any goods, article, process, system or service or for a group of goods, articles,
processes, systems or services, as the case may be, with respect to any Indian Standard or a ny other
standard in a manner as may be specified by regulations.
(2) The Bureau may establish a Standard Mark in relation to each of its conformity assessment
schemes, which shall be of such design and contain such particulars as may be specified by regul ations to
represent a particular standard.
13. Grant of licence or certificate of conformity .(1) A person may apply for grant of licence or
certificate of conformity, as the case may be, if the goods, article, process, system or service conforms to
an Indian Standard.
(2) Where any goods, article, process, system or service conforms to a standard, the Director General
may, by an order, gra nt
(a) a certificate of conformity in a manner as may be specified by regulations; or
(b) a licence to use or apply a Standard Mark in a manner as may be specified by regulations,
subject to such conditions and on payment of such fees, including late fee or fine, before or during the
operation of the certificate of conformity or licence, and as determined by regulations.
(3) While granting a certificate of conformity or licence to use a Standard Mark, the Bureau may, by
order, specify the marking and labe lling requirements that shall necessarily be affixed as may be specified
from time to time.
(4) The Bureau may establish, maintain or recognise testing laboratories for the purposes of
conformity assessment and quality assurance and for such other purposes as may be required for carrying
out its functions.
14. Certification of Standard Mark of jewellers and sellers of certain specified goods or
articles .(1) The Central Government, after consulting the Bureau, may notify precious metal articles or
other goods or articles as it may consider necessary, to be marked with a Hallmark or Standard Mark, as
the case may be, in a manner as specified in sub -section ( 2).
(2) The goods or articles notified in sub -section ( 1) may be sold through retail outlets certified by the
Bureau after such goods or articles have been assessed for conformity to the relevant standard by testing
and marking centre, recognised by the Bureau and marked with Hallmark or Standard Mark, as the c ase
may be, as specified by regulations.
(3) The Central Government may, after consulting the Bureau, by an order published in the Official
Gazette, make it compulsory for the sellers of goods or article notified under sub -section ( 1) to be sold
only throu gh certified sales outlets fulfilling such conditions as may be determined by regulations.
(4) The Bureau may, by an order, grant, renew, suspend or cancel certification of Standard Mark or
Hallmark of a jeweller or any other seller for sale of goods or ar ticles notified under sub -section ( 1) in
such manner as may be determined by regulations.
(5) The Bureau may establish, maintain and recognise testing and marking centres, including assaying
and hallmarking centres, for conformity assessment and applicatio n of Standard Mark, including
Hallmark, on goods or articles notified under sub -section ( 1), in a manner as may be specified by
regulations.
10 (6) No testing and marking centre or assaying and hallmarking centre, other than the recognised by
the Bureau, shal l with respect to goods or articles notified under sub -section ( 1), use, affix, emboss,
engrave, print or apply in any manner the Standard Mark, including the Hallmark, or colourable imitation
thereof, on any goods or article; and make any claim in relatio n to the use and application of a Standard
Mark, including the Hallmark, through advertisements, sales promotion leaflets, price lists or the like.
(7) Every recognised testing and marking centre, including assaying and hallmarking centre, shall use
or app ly Standard Mark on good or articles notified under sub -section ( 1), including Hallmark on
precious metal articles, after accurately determining the conformity of the same in a manner as may be
specified.
(8) No recognised testing and marking centre, inclu ding assaying and hallmarking centre, shall,
notwithstanding that it has been recognised under sub -section ( 5), use or apply in relation to any goods or
article notified under sub -section ( 1) a Standard Mark, including Hallmark, or any colourable imitation
thereof, unless such goods or article conforms to the relevant standard.
15. Prohibition to import, sell, exhibit, etc .(1) No person shall import, distribute, sell, store or
exhibit for sale, any goods or article under sub -section ( 1) of section 14, exce pt under certification from
the Bureau.
(2) No person, other than that certified by the Bureau, shall sell or display or offer to sell goods or
articles that are notified under sub -section ( 3) of section 14 and marked with the Standard Mark,
including Hallmark and claim in relation to the Standard Mark, including Hallmark, through
advertisements, sales promotion leaflets, price lists or the like.
(3) No certified jeweller or seller shall sell or display or offer to sell any notified goods or articles,
notwithstanding that he has been granted certification, with the Standard Mark, including Hallmark, or
any colourable imitation thereof, unless such goods or article is marked with a Standard Mark or
Hallmark, in a manner as may be specified by regulations, and unless such goods or article conforms to
the relevant standard.
16. Central Government to direct compulsory use of Standard Mark .(1) If the Central
Government is of the opinion that it is necessary or expedient so to do in the public interest or for the
protection of human, animal or plant health, safety of the environment, or prevention of unfair trade
practices, or national security, it may, after consulting the Bureau, by an order published in the Official
Gazette, notify
(a) goods or article of a ny scheduled industry, process, system or service; or
(b) essential requirements to which such goods, article, process, system or service,
which shall conform to a standard and direct the use of the Standard Mark under a licence or certificate of
conformity as compulsory on such goods, article, process, system or service .
Explanation. For the purpose of this sub -section,
(i) the expression scheduled industry shall have the meaning assigned to it in the Industries
(Development and Regulation) Act, 1951 (65 of 1951);
(ii) it is hereby clarified that essential requirements are requirements, expressed in terms of the
parameters to be achieved or requirements of s tandard in technical terms that effectively ensure that
any goods, article, process, system or service meet the objective of health, safety and environment.
(2) The Central Government may, by an order authorise Bureau or any other agency having necessary
accreditation or recognition and valid approval to certify and enforce conformity to the relevant standard
or prescribed essential requirements under sub -section ( 1).
17. Prohibition to manufacture, sell, etc., certain goods without Standard Mark .(1) No pe rson
shall manufacture, import, distribute, sell, hire, lease, store or exhibit for sale any such goods, article,
process, system or service under sub -section ( 1) of section 16
(a) without a Standard Mark, except under a valid licence; or
11 (b) notwithstanding that he has been granted a license, apply a Standard Mark, unless such goods,
article, process, system or service conforms to the relevant standard or prescribed essential
requirements.
(2) No person shall make a public claim, through adver tisements, sales promotion leaflets, price lists
or the like, that his goods, article, process, system or service conforms to an Indian standard or make such
a declaration on the goods or article, without having a valid certificate of conformity or licence from the
Bureau or any other authority approved by the Central Government under sub -section ( 2) of section 16 .
(3) No person shall use or apply or purport to use or apply in any manner, in the manufacture,
distribution, sale, hire, lease or exhibit or off er for sale of any goods, article, process, system or service, or
in the title of any patent or in any trade mark or design, a Standard Mark or any colourable imitation
thereof, except under a valid licence from the Bureau.
18. Obligations of licence holde r, seller, etc. (1) The licence holder shall, at all times, remain
responsible for conformance of the goods, articles, processes, systems or services carrying the Standard
Mark.
(2) It shall be the responsibility of the distributor or the seller, as the ca se may be, to ensure that
goods, articles, processes, systems or services carrying the Standard Mark are purchased from certified
body or licence holder.
(3) It shall be the responsibility of the seller before the goods or article is sold or offered to be sold or
exhibited or offered for sale to ensure that
(a) goods, articles, processes, systems or services carrying the Standard Mark bear the requisite
labels and marking details, as specified by the Bureau from time to time;
(b) the marking and labelling requirements on the product or covering is displayed in a manner
that has been specified by the Bureau.
(4) Every certified body or licence holder shall supply to the Bureau with such information and with
such samples of any material or substance used in relation to any goods, article, process, system or
service, as the case may be, as the Bureau may require for monitoring its quality and for the recovery of
the fee as may be prescribed in the certificate of conformity or the licence.
(5) (a) The Bureau ma y make such inspection and take such samples of any material or substance as
may be necessary to see whether any goods, article, process, system or service, in relation to which a
Standard Mark has been used, conforms to the requirements of the relevant st andard or whether the
Standard Mark has been properly used in relation to any goods, article, process, system or service with or
without a licence.
(b) |
Mark has been properly used in relation to any goods, article, process, system or service with or
without a licence.
(b) The Bureau may publicise the results of its findings and the directions given in pursuance
thereof.
(6) If the Bureau is satisfied under the provisions of sub -sections ( 4) and ( 5) that the goods, articles,
processes, systems or services in relation to which a Standard Mark has been used do not conform to the
requirements of the relevant standard, the Bureau may direct the certified body or licence holder or his
representative to stop the supply and sale of non -conforming goods or articles and recall the non -
conforming goods or articles that have already been supplied or offered for sale and bear such mark fro m
the market or any such place from where they are likely to be offered for sale or prohibit to provide the
service.
(7) Where a certified body or licence holder or his representative has sold goods, articles, processes,
system or services, which bear a St andard Mark or any colourable imitation thereof, which do not
conform to the relevant standard, the Bureau shall direct the certified body or licence holder or his
representative to
(a) repair or replace or reprocess the standard marked goods, article, pr ocess, system or service in
a manner as may be specified; or
(b) pay compensation to the consumer as may be prescribed by the Bureau; or
12 (c) be liable for the injury caused by non -conforming goods or article, which bears a Standard
Mark, as per the provisions of section 31.
CHAPTER IV
FINANCE , ACCOUNTS AND AUDIT
19. Financial Management of Bureau of Indian Standards .The Central Government may, after
due appropriation made by Parliament by law in this behalf, make to the Bureau grants and loans of such
sums of money as the Government may consider necessary .
20. Fund of Bureau .(1) There shall be constituted a fund to be called the Bureau of India n
Standards fund and there shall be credited thereto
(a) any grants and loans made to the Bureau by the Central Government;
(b) all fees and charges received by the Bureau under this Act;
(c) all fines received by the Bureau;
(d) all sums received by the Bureau from such other sources as may be decided upon by the
Central Government.
(2) The fund shall be applied for meeting
(a) the salary, allowances and other remuneration of the members, Director General, officers and
other employe es of the Bureau;
(b) expenses of the Bureau in the discharge of its functions under the Act; and
(c) expenses on objects and for purposes authorised by this Act:
Provided that the fines received in clause ( c) of sub -section ( 1) shall be used for consumer awareness,
consumer protection and promotion of quality of goods, articles, processes, system or services in the
country.
21. Borrowing powers of Bureau . (1) The Bureau may, with the consent of the Central
Government or in accordance with the terms of any general or special authority given to it by the Central
Government, borrow money from any source as it may deem fit for discharging all or any of its functions
under this Act.
(2) The Central Government may guarantee in such manner as it thinks fit, the r epayment of the
principal and the payment of interest thereon with respect to the loans borrowed by Bureau under
sub-section ( 1).
22. Budget . The Bureau shall prepare, in such form and at such time in each financial year as may
be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the
Bureau and forward the same to the Central Government.
23. Annual report .(1) The Bureau shall prepare, in such form and at such time in each financial
year as may be prescribed, its annual report, giving a full account of its activities during the previous
financial year, and submit a copy thereof to the Central Government.
(2) The Central Government shall cause the annual report to be laid, as soon as may be after it is
received, before each House of Parliament.
24. Accounts and audit .(1) The Bureau shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts, in such form as may be prescribed by the Central
Government in cons ultation with the Comptroller and Auditor -General of India.
13 (2) The accounts of the Bureau shall be audited by the Comptroller and Auditor -General of India at
such intervals as may be specified by him and any expenditure incurred in connection with such au dit
shall be payable by the Bureau to the Comptroller and Auditor -General of India.
(3) The Comptroller and Auditor -General of India and any person appointed by him in connection
with the audit of the accounts of the Bureau shall have the same rights and privileges and the authority in
connection with such audit as the Comptroller and Auditor -General of India generally has in connection
with the audit of Government accounts and, in particular, shall have the right to demand the production of
books, accounts , connected vouchers and other documents and papers and to inspect any office of the
Bureau.
(4) The accounts of the Bureau as certified by the Comptroller and Auditor -General of India or any
other person appointed by him in this behalf together with the a udit report thereon shall be forwarded
annually to the Central Government and that Government shall cause the same to be laid before each
House of Parliament.
CHAPTER V
MISCELLANEOUS
25. Power of Central Government to issue directions .(1) Without prejudice to the foregoing
provisions of this Act, the Bureau shall, in the 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 fr om time to time:
Provided that the Bureau shall, as far as practicable, be given an opportunity to express its views
before any direction is given under this sub -section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
(3) The Central Government may take such other action as may be necessary for the promotion,
monitoring and management of quality of goods, articles, processes, systems and services and to protect
the interests of consumers and various oth er stakeholders and notify any other goods, articles, processes,
systems and services for the purpose of sub -section ( 1) of section 16.
26. Restriction on use of name of Bureau and Indian Standard .(1) No person shall, with a view
to deceive or likely to deceive the public, use without the previous permission of the Bureau,
(a) any name which so nearly resembles the name of the Bureau as to deceive or likely to deceive
the public or the name which contains the expression Indian Standard or any abbreviat ion
thereof; or
(b) any title of any patent or mark or trade mark or design, in relation to any goods, article,
process, system or service, containing the expressions Indian Standard or Indian Standard
Specification or any abbreviation of such ex pressions.
(2) Notwithstanding anything contained in any law for the time being in force, no registering
authority shall
(a) register any company, firm or other body of persons which bears any name or mark; or
(b) register a trade mark or design which bea rs any name or mark; or
(c) grant a patent, in respect of an invention, which bears a title containing any name or mark,
if the use of such name or mark is in contravention of sub -section ( 1).
(3) If any question arises before a registering authority whet her the use of any name or mark is in
contravention of sub -section ( 1), the registering authority may refer the question to the Central
Government whose decision thereon shall be final.
14 27. Appointment and powers of certification officers .(1) The Bureau may appoint as many
certification officers as may be necessary for the purpose of inspection whether any goods, article,
process, system or service in relation to which the Standard Mark has been used conforms to the relevant
standard or wheth er the Standard Mark has been properly used in relation to any goods, article, process,
system or service with or without licence, and for performing such other functions as may be assigned to
them.
(2) Subject to any rules made under this Act, a certifica tion officer shall have power to
(a) inspect any operation carried on in connection with any goods, article, process, system or
service in relation to which the Standard Mark has been used; and
(b) take samples of any goods or article or of any material o r substance used in any goods, article,
process, system or service, in relation to which the Standard Mark has been used.
(3) Every certification officer shall be furnished by the Bureau with a certificate of appointment as a
certification officer, and the certificate shall, on demand, be produced by the certification officer.
(4) Every certified body or licence holder shall
(a) provide reasonable facilities to certification officer to enable him to discharge the duties
imposed on him;
(b) inform certifica tion officer or the Bureau of any change in the conditions which were declared
or verified by the certification officer or the Bureau at the time of grant of certificate of conformity or
licence.
(5) Any information obtained by a certification officer or t he Bureau from any statement made or
information supplied or any evidence given or from inspection made under the provisions of this Act shall
be treated as confidential:
Provided that nothing shall apply to the disclosure of any information for the purpos e of prosecution
and protection of interest of consumers.
28. Power to search and seizure .(1) If the certification officer has reason to believe that any
goods or articles, process, system or service in relation to which the contravention of section 11 or
sub-sections ( 6) or ( 8) of section 14 or section 15 or section 17 has t aken place are secreted in any place,
premises or vehicle, he may enter into and search such place, premises or vehicle for such goods or
articles, process, system or service, as the case may be.
(2) Where, as a result of any search made under sub -section (1), any goods or article, process, system
or service has been found in relation to which contravention of section 11 or sub -sections ( 6) or ( 8) of
section 14 or section 15 or section 17 has taken place, the certification officer may seize such goods or
article and other material and documents which, in his opinion will be useful for, or relevant to any
proceeding under this Act :
Provided that where it is not practicable to seize any such goods or article or material or document,
the certification officer m ay serve on the owner an order that he shall not remove, part with, or otherwise
deal with, the goods or article or material or document except with the previous permission of the
certification officer .
(3) The provision of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and
seizures shall, so far as may be, apply to every search or seizure made under this section.
29. Penalty for contravention .(1) Any person who contravenes the provisions of section 11 or
sub-section ( 1) of section 26 shall be punishable with fine which may extend to five lakh rupees.
(2) Any person who contravenes the provisions of sub -sections ( 6) or ( 8) of section 14 or section 15
shall be punishable with imprisonment for a term which may extend to one year or wit h fine which shall
not be less than one lakh rupees, but may extend up to five times the value of goods or articles produced
or sold or offered to be sold or affixed or applied with a Standard Mark including Hallmark, or with both:
15 Provided that where the value of goods or articles produced or sold or offered to be sold cannot be
determined, it shall be presumed that one year's production was in such contravention and the annual
turnover in the previous financial year shall be taken as the value of goods or articles for such
contravention .
(3) Any person who contravenes the provisions of section 17 shall be punishable with imprisonment
for a term which may extend up to two years or with fine which shall not be less than two lakh rupees for
the first contrave ntion and not be less than five lakh rupees for the second and subsequent contraventions,
but may extend up to ten times the value of goods or articles produced or sold or offered to be sold or
affixed or applied with a Standard Mark, including Hallmark, o r with both:
Provided that where the value of goods or articles produced or sold or offered to be sold cannot be
determined, it shall be presumed that one year's production was in such contravention and the annual
turnover in the previous financial year sh all be taken as the value of goods or articles for such
contravention.
(4) The offence under sub -section ( 3) shall be cognizable.
30. Offences by companies .Where an offence under this Act has been committed by a company,
every director, manager, secretary or other officer of the company who, at the time the offence was
committed, was in charge of and was responsible to the company for the conduct of the busin ess of the
company, or authorised representative 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, irrespective of
the fact that the offence has been com mitted with or without 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,
or authorised representative of the company.
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.
31. Compensation for non -conforming goods .Where a holder of licence or certificate of
conformity or his representative has sold any goods, article, process, system or service, which bears a
Standard Mark not conforming to the relevant standard, or with colourable imitation, the certified body or
licence holder o r his representative shall be liable to compensate the consumer for the injury caused by
such non -conforming goods, article, process, system or service in such manner as may be prescribed.
32. Cognizance of offence by courts .(1) No court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class, specially empowered in this behalf, shall try any offence punishable
under this Act.
(2) No court shall take cognizance of any offence punishable under this Act save on a complaint
made by
(a) or under the authority of the Bureau; or
(b) any police officer, not below the rank of deputy superintendent of police or equivalent; or
(c) any authority notified under sub -section ( 2) of section 16; or
(d) any officer empowered under the auth ority of the Government; or
(e) any consumer; or
(f) any association.
(3) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he
is satisfied that any of the offences referred to in sub -section ( 3) of section 29 has been, is being, or is
likely to be, committed, search and seize without warrant, the goods, die, block, machine, plate, other
instruments or things involved in committing the offence, wherever found, and all the articles so seized
shall, as soon as pra ct |
ruments or things involved in committing the offence, wherever found, and all the articles so seized
shall, as soon as pra cticable, be produced before a Magistrate as prescribed under sub -section ( 1).
16 (4) The court may direct that any property in respect of which the contravention has taken place shall
be forfeited to the Bureau.
(5) The court may direct that any fine, in who le or any part thereof, payable under the provisions of
this Act, shall be payable to the Bureau .
33. Compounding of offence .(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), any offence committed for the first time, punishable under this Act, not
being an offence punishable with imprisonment only, or with imprisonment and also with fine, may,
either before or after the institution of any prosecution, be compounded by an officer so authorised by the
Director General, in such manner as may be prescribed:
Provided that the sum so specified shall not in any case exceed the maximum amount of th e fine
which may be imposed under section 29 for the offence so compounded; and 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 an off ence committed for the first time.
(2) Every officer referred to in sub -section ( 1) shall exercise the powers to compound an offence,
subject to the direction, control and supervision of the Bureau.
(3) Every application for the compounding of an offence s hall be made in such manner as may be
prescribed.
(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall
be instituted in relation to such offence against the offender in relation to whom the offence is so
compo unded.
(5) Where the composition of any offence is made after the institution of any prosecution, such
composition shall be brought to the notice of the court in which the prosecution is pending in writing by
the officer referred to in sub -section ( 1), and on such notice of the composition of the offence being given
and its acceptance by the court, the person against whom the offence is so compounded shall be
discharged.
34. Appeal .(1) Any person aggrieved by an order made under section 13 or sub -section ( 4) of
section 14 or section 17 of this Act may prefer an appeal to Director General of the Bureau within such
period as prescribed.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the
appellant satisfies the Director General that he had sufficient cause for not preferring the appeal within
the prescribed period.
(3) Every appeal made under this section sha ll be made in such form and shall be accompanied by a
copy of the order appealed against and by such fees as may be prescribed.
(4) The procedure for disposing of an appeal shall be such as may be prescribed:
Provided that before disposing of an appeal, th e appellant shall be given a reasonable opportunity of
being heard.
(5) The Director General may suo motu or on an application made in the manner prescribed review
the order passed by any officer to whom the power has been delegated by him.
(6) Any person aggrieved by an order made under sub -section ( 1) or sub -section ( 5) may prefer an
appeal to the Central Government having administrative control of the Bureau within such period as may
be prescribed .
35. Members, officers and employees of Bureau to be publ ic servants .All members, officers
and other employees of the Bureau shall be deemed, when acting or purporting to act in pursuance of any
17 of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
36. Protection of action taken in good faith .No suit, prosecution or other legal proceeding shall
lie against the Government or any officer of the Government or any member, officer or other employee of
the Bureau for anything which is in done or intended to be done in good faith under this Act or the rules
or regulations made thereunder.
37. Authentication of orders and other instruments of Bureau .All orders and decisions of, and
all o ther instruments issued by, the Bureau shall be authenticated by the signature of such officer or
officers as may be authorised by the Bureau in this behalf.
38. Power to make rules .The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
39. Power to make regulations .The Executive Committee may, with the previous approval of the
Central Government, by notification in the Official Gazette, make regulations consistent with this Act and
the rules to carry out the purposes of this Act.
40. Rules and regulations to be laid before Parliament .Every rule and every regulation made
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it
is in sessi on, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or
both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any suc h
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule or regulation.
41. Act not to affect operation of certain Acts .Nothing in this Act shall affect the operation of the
Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) , or the Drugs and Cosmetics
Act, 1940 (23 of 1940), or any other law for the time being in force, which deals with any standardisation
or quality control of any goods, article, process, system or servic e
42. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be aft er it is made, before each
House of Parliament.
43. Repeal and savings .(1) The Bureau of Indian Standards Act, 1986 (63 of 1986) , is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have done or
taken inc luding any rule, regulation, notification, scheme, specification, Indian Standard, Standard Mark,
inspection order or notice made, issued or adopted, or any appointment, or declaration made or any
licence, permission, authorisation or exemption granted or any document or instrument executed or
direction given or any proceedings taken or any penalty or fine imposed under the Act hereby repealed
shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or
taken unde r 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 Cla uses Act, 1897 (10 of 1897) , with regard to the effect of
repeal.
18
|
THE COPYRIGHT ACT, 1957
ACT NO. 14 OF 19571
[4th June , 1957 .]
An Act to amend and consolidate the law relating to copyright .
BE it enacted by Parliament in the Eighth Year of t he Republic of India as follows :
CHAPTER I
PRELIMINARY
1. Short title, extent and commen cement .(1) This Act may be called the Copyright Act, 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notification in the
Official Gazette, appoint.
2. Interpretation .In this Act, un less t he context otherwise requires,
(a) adaptation means,
(i) in relation to a dramatic work, the conversion of the work into a non -dramatic work;
(ii) in relation to a literary work or an artistic work, the conversion of the work into a
dramatic work by way of performance in public or otherwise;
(iii) in relation to a literary or dramatic work, any abridgement of the work or any version of
the work in which the story or action is conveyed wholly or mainly by means of pictures in a
form suitable for re production in a book, or in a newspaper, magazine or similar periodical; 3***
(iv) in relation to a musical work, any arrangement or transcription of the work; 4[and]
4[(v) in relation to any work, any use of such work involving its re -arrangement or
alteration;]
5[(aa) Appellate Board means the Appellate Board referred to in section 11;]
(b) 6[work of architecture] means any building or structure having an artistic character or design,
or any model for such building or structure;
(c) artistic work means,
(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving
or a photograph, whether or not any such work possesses artistic quality;
(ii) an 5[work of architectural] ; and
(iii) any other work of artistic craftsma nship;
(d) author means ,
(i) in relation to literary or dramatic work, the author of the work;
(ii) in relation to a musical work, the composer;
(iii) in relation to an artistic work other than a photograph, the artist;
(iv) in relation to a photograph, the person taking the photograph;
7[(v) in relation to a cinematograph film or sound recording, the producer; and
1. The Act has been extended Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Schedule (w.e.f. 1 -2-1965) , to Dadra and Nagar
Haveli by Reg. 6 of 1963, s. 2 and the First Schedule, and brought into force in the State of Sikkim (w.e.f. 27 -4-1979) : vide
notification No. S.O. 226(E), dated 27 -4-1979, see Gazette of India, Extraordinary, Part II, sec. 3( ii).
2. 21st January, 1958, vide notification No. 269, dated 21st Janua ry 1958, see Gazette of India, Extraordinary, Part II, sec. 3.
3. The word and omitted by Act 38 of 1994, s. 2 (w.e.f. 10 -5-1995).
4. Ins. by s. 2, ibid. (w.e.f. 10 -5-1995).
5. Ins. by Act 7 of 2017, s. 160 (w.e.f. 26 -5-2019).
6. Subs. by s. 2, ibid., for architectural work of art (w.e.f. 10 -5-1995).
7. Subs. by s. 2, ibid., for sub -clauses ( v) and ( vi) (w.e.f. 10 -5-1995)
6
(vi) in relation to any literary, dramatic, musical or artistic work which is
computer -generated, the person who c auses the work to be created;]
1[(dd) broadcast means communication to the public
(i) by any means of wireless diffusion, whether in any one or more of the forms of signs,
sounds or visual images; or
(ii) by wire,
and includes a re -broadcast;]
(e) calendar year means the year commencing on the 1st day of January;
2[(f) cinematograph film means any work of visual recording 3*** and includes a sound
recording accompany ing such visual recording and cinematograph shall be construed as including
any wo rk produced by any process analogous to cinematography including video films;]
4[(fa) commercial rental does not include the rental, lease or lending of a lawfully acquired
copy of a computer programme, sound recording, visual recording or cinematograph film for
non-profit purposes by a non -profit library or non -profit educational institution.
Explanation .For the purposes of this clause, a non -profit library or non -profit educational
institution means a library or educational institutio n which receives grants from the Government or
exempted from payment of tax under the Income -tax Act, 1961(43 of 1961).]
5[(ff) communication to the public means making any work or performance available for being
seen or heard or otherwise enjoyed by the public directly or by any means o f display or diffusion
other than by issuing physical copies of it, whether a simultaneously or at places and times chosen
individually, regardless of whether any member of the public actually sees, hears or otherwise enjo ys
the work or performance so made available.
Explanation. For the purposes of this clause, communication through satellite or cable or any
other means of simultaneous commu nication to more than one house hold or place of residence
including residential roo ms of any hotel or hostel shall be deemed to be communication to the
public; ]
(g) delivery , in relation to a lecture, includes delivery by means of any mechanical instrument
or by 6[broadcast];
(h) dramatic work includes any piece for recitation, chore ographic work or entertainment in
dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does
not include a cinematograph film;
7[(hh) duplicating equipment means any mechanical contrivance or device used or inten ded to
be used for making copies of any work;]
(i) engravings include etchings, lithographs, wood -cuts, prints and other similar works, not
being photographs;
(j) exclusive licence means a licence which confers on the licensee or on the license s and
persons authorised by him, to the exclusion of all other persons (including the owner of the
copyright) , any right comprised in the copyright in a work, and exclusive licensee shall be
construed accordingly;
1. Ins. by Act 23 of 1983, s. 3 (w.e.f. 9 -8-1984).
2. Subs. by Act 38 of 1994, s. 2, for clause ( f) (w.e.f. 10 -5-1995).
3. The word s on any medium produced through a process from which a moving image may be produced by any means omitted
by Act 27 of 2012, s. 2 (w.e.f. 21 -6-2012).
4. Ins. by s. 2, ibid. (w.e.f. 21-6-2012).
5. Subs. by s. 2, ibid., for clause ( ff) (w.e.f. 21-6-2012).
6. Subs. by Act 23 of 1983, s. 2, for radio -diffusion (w.e.f. 9 -8-1984).
7. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8 -10-1984).
7
(k) Government work means a work which is made or published by or und er the direction or
control of
(i) the Government or any department of the Government;
(ii) any Legislature in India;
(iii) any court, tribunal or other judicial authority in India;
1[(I) Indian work means a liter ary, dramatic or musical work,
(i) the author of which is a citizen of India; or
(ii) which is first published in India; or
(iii) the author of which, in the case of an unpublished work , is, at the time of the making
of the work, a citizen of India;]
2[(m) infringing cop y means
(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof
otherwise than in the form of a cinematograph film;
(ii) in relation to a cinematographic film, a copy of the film made on any medium by any
means;
(iii) in relation to a sound recording, any other recording embodying the same soun d
recording, made by any means;
(iv) in relation to a programme or performance in which such a broadcast reproduction
right or a performer s right subsists under the provisions of t his Act, the sound recording or a
cinemato graphic film of such programme or performance,
if such reproduction, copy or sound recording is made or imported in contravention of the
provisions of this Act;]
(n) lecture includes address, speech and sermon;
3[(o) literary work includes computer programmes, tables and compila tions including computer
4[data bases] ;]
5[(p) musical work means a work consisting of music and includes any graphical notation of
such work but does not include any words or any acti on intended to be sung, spoken or performed
with the music;]
6[(q) performance , in relation to performer s right, means any visual or acoustic presentation
made live by one or more performers;]
7[(qq) performer includes an actor, singer, musician, danc er, acrobat, juggler, conjurer, snake
charmer, a person delivering a lecture or any other person who makes a performance;]
8* * * * *
(s) photograph includes photo -lithograph and any work produced by any process analogous to
photography but does not include any part of a cinematograph film;
1. Subs. by Act 23 of 198 3, s. 2, for clause ( l) (w.e.f. 9 -8-1984).
2. Subs. by Act 38 of 1994, s. 2, for clause ( m) (w.e.f. 10-5-1995).
3. Subs. by s. 2, ibid., for clause ( o) (w.e.f. 10 -5-1995).
4. Subs. by Act 49 of 1999, s. 2, for data basis (w.e.f. 15 -1-2000).
5. Subs. by Act 38 of 1994, s. 2, for clause ( p) (w.e.f. 10 -5-1995).
6. Subs. by s. 2, ibid., for clause ( q) (w.e .f. 10 -5-1995).
7. Ins. by s. 2, ibid. (w.e.f. 10 -5-1995).
8. Omitted by s. 2, ibid. (w.e.f. 10-5-1995).
8
(t) plate includes any stereotype or other plate, stone, block, mould, matrix, transfer,
negative, 1[duplicating equipment] or other device used or intended to be used for printing or
reproducing copies of a ny work, and any matrix or other appliance by which 2[sound recording] for
the acoustic presentation of the work are or are intended to be made;
(u) prescribed means prescribed by rules made under this Act;
3[(uu) producer , in relation to a cinematogra ph film or sound recording, means a person who
takes the initiative and responsibility for making the work;]
4* * * * *
5* * * * *
6[(x) reprography means the making of copies of a work, by photo copying or similar means;
7[(xa) Right Man agement Information means,
(a) the title or other information identifying the work or performance;
(b) the name of the author or performer;
(c) the name and address of the owner of rights;
(d) terms and conditions regarding the use of the rights; and
(e) any number or code that represents the information referred to in sub -clauses ( a) to ( d),
but does not include any device or procedure intended to identify the user.]
(xx) sound recording means a recording of sounds from which such sounds may be produce d
regardless of the medium on which such recording is made or the method by which the sounds are
produced;]
7[(xxa) visual recording means the recording in any medium, by any method including the
storing of it by any electronic means, or moving images o r of the representations thereof, from which
they can be perceived, reproduced or communicated by any method.]
(y) work means any of the following wo rks, namely:
(i) a literary, dramatic, musical or artistic work;
(ii) a cinematograph film;
(iii) 2[sound recording];
(z) work of joint authorship means a work produced by the collaboration of two or more
authors in which the contribution of one author is not distinct from the contribution of the other
author or authors;
(za) work of sculpture includes casts and models.
8[3. Meaning of publication .For the purposes of this Act, publication means making a work
available to the public by issue of copies or by communicating the work to the public .]
4. When work not deemed to be published or performed in p ublic .Except in relation to
infringement of copyright, a work shall not be deemed to be published or performed in public, if
published, or performed in public, without the licence of the owner of the copyright.
1. Ins. by Act 65 of 1984, s. 2 (w.e.f. 8 -10-1984).
2. Subs. by Act 38 of 1994, s. 2, for record (w.e.f. 10 -5-1995).
3. Ins. by s. 2, ibid. (10-5-1995).
4. Omitted by Act 23 of 1983, s. 2 (w.e.f. 9 -8-1984).
5. Omitted by Act 38 of 1994, s. 2 (w.e.f. 10 -5-1995).
6. Subs. by s. 2, ibid., |
e.f. 10 -5-1995).
6. Subs. by s. 2, ibid., for clause ( x) (w.e.f. 10 -5-1995).
7. Ins. by Act 27 of 2 012, s. 2 (w.e.f. 21 -6-2012).
8. Subs. by Act 38 of 1994, s. 3, for section 3 (w.e.f. 10 -5-1995).
9
5. When work deemed to be first published i n India .For the purposes of this Act, a work
published in India shall be deemed to be first published in India, notwithstanding that it has been
published simultaneously in some other country, unless such other country provides a shorter term of
copyright for such work; and a work shall be deemed to be published simultaneously in India and in
another country if the time between the publication in India and the publication in such other country does
not exceed thirty days or such other period as the Central Government may, in relation to any specified
country, determine.
1[6. Certain disputes to be decided by 2[Appellate Board ].If any question arises
(a) whether a work has been published or as to the date on which a work was published for the
purposes of C hapter V, or
(b) whether the term of copyright for any work is shorter in any other country than that provided
in resp ect of that work under this Act,
it shall be referred to the 2[Appellate Board ] constituted under section 11 whose decision thereon shall be
final:
Provided that if in the opinion of the 2[Appellate Board] , the issue of copies or communication to
the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be
publication for the purposes of that section.]
7. Nationality of author where the making of unpublished work is extended over considerable
period .Where, in the case of an unpublished work, the making of the work is extended over a
considerable period, the author of the work shall, for the purposes of thi s Act, be deemed to be a citizen
of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any
substantial part of that period.
8. Domicile of corporations .For the purposes of this Act, a body corporate shall be deemed to be
domiciled in India if it is incorporated under any law in force in India.
CHAPTER II
COPYRIGHT OFFICE AND 2[Appellate BOARD ]
9. Copyright Office .(1) There shall be established for the purposes of this Act an office to be
called the Copyright Office .
(2) The Copyright Office shall be under the immediate control of the Registrar of Copyrights who
shall act under the superintendence and direction of the Central Government.
(3) There shall be a se al for the Copyright Office.
10. Registrar and Deputy Reg istrars of Copyrights .(1) The Central Govern ment shall appoint a
Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights.
(2) A Deputy Registrar of Copyrights shall discharge under the superin tendence and direction of the
Registrar of Copyrights such functions of the Registrar under this Act as the Registrar may, from time to
time, assign to him; and any reference in this Act to the Registrar of Copyrights shall include a reference
to a Deputy Registrar of Copyrights when so d ischarging any such functions.
3[11. Appellate Board .(1) The Appellate Board established under section 83 of the Trade Marks
Act, 1999 (47 of 1999) shall, on and from the commencement of Part XIV of Chapter VI of the Finance
Act, 2017, be the Appellate Bo ard for the purposes of this Act and the said Appellate Board shall exercise
the jurisdiction, powers and authority conferred on it by or under this Act.]
12. Powers and procedure of 2[Appellate Board ].(1) The 2[Appellate Board ] shall, subject to any
rules that may be made under this Act, have power to regulate its own procedure, including the fixing of
place s and times of its sittings :
1. Subs. by Act 38 of 1994, s. 4, for section 6 (w.e.f. 10 -5-1995).
2. Subs. by Act 7 of 2017, s. 160, for Copyright Board (w.e.f. 26 -5-2017).
3. Subs. by s. 160, ibid., for section 11 (w.e.f. 26 -5-2017).
10
Provided that the 1[Appellate Board ] shall ordinarily hear any proceeding instituted before it under
this Act within the zone in which, at the time of the institution of the proceeding, the person instituting the
proceeding actually and voluntarily resides or carries on business or personally works for gain.
Explanation .In this sub -section zone means a zone specified in section 15 of the States
Reorganisation Act, 1956 (37 of 1956).
(2) The 1[Appellate Board] may exercise and discharge its powers and functions through Benches
constituted by the Chairman of the 1[Appellate Board] from amongst its 2[members ]:
3[Provided that , if the Chairman is of opinion that any matter of importance is required to be heard by
a larger bench, he may refer the matter to a special bench consisting of five members.]
4* * * * *
4* * * * *
(5) No member of the 1[Appellate Board] shall take part in any proceedings before the Board in
respect of any matter in which he has a personal interest.
(6) No act done or proceeding taken by the 1[Appellate Board] under this Act shall be questioned on
the ground merely of the existence of any v acancy in, or defect in the constitution of, the Board.
(7) The 1[Appellate Board] shall be deemed to be a civil court for the purposes of 5[sections 345 and
346 of the Code of Criminal Procedure, 1973 (2 of 1974)] and all proceedings before the Board sha ll be
deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code
(45 of 1860).
CHAPTER III
COPYRIGHT
13. Works in which copyright subsists .(1) Subject to the provisions of this section and the other
provisions of this Act, copyright shall subsist throughout India in the following cla sses of works, that is to
say,
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph film s; and
(c) 6[sound recording].
(2) Copyright shall not subsist in any work specified in sub -section ( 1), other than a work to
which the provisions of section 40 or section 41 apply, unless
(i) in the case of a published work, the work is first published in India, or where the work is
first published outside India, the auth or is at the date of such publication, or in a case where the
author was dead at that date, was at the time of his death, a citizen of India;
(ii) in the case of an unpublished work other than a 7[work of architecture], the author is at the
date of making of the work a citizen of India or domiciled in India; and
(iii) in the case of a 7[work of architecture], the work is located in India.
Explanation. In th e case of a work of joint authorship, the conditions conferring copyright
specified in this sub -section shall be satisfied by all the authors of the work.
1. Subs. by Act 7 of 2017, s. 160, for Copyright Board (w.e.f. 26 -5-2017).
2. Subs. by Act 27 of 2 012, s. 4, for members, each Bench consisting of not less than three members (w.e.f. 21 -6-2012).
3. Ins. by Act 38 of 1994, s. 6 (w.e.f. 10 -5-1995).
4. Sub -sections (3) and ( 4) omitted by Act 7 of 2017, s. 160 (w.e.f. 26 -5-2017).
5. Subs. by Act 23 of 1983, s. 6, for sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)
(w.e.f. 9 -8-1984).
6. Subs. by Act 38 of 1994, s. 2, for reco rd (w.e.f. 10 -5-1995).
7. Subs. by s. 2, ibid., for architectural work of art (w.e.f. 10 -5-1995).
11
(3) Copyright shall not subsist
(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright
in any other work;
(b) in any 1[sound recording] made in respect of a literary, dramatic or musical work, if in making
the 1[sound recording], copyright in such work has been infringed.
(4) The copyright in a cinematograph film or a record shall not affect the separate copyright in any
work in respect of which or a substantial part of which, the film, or, as the case may be, the
1[sound recording] is made.
(5) In the case of a 2[work of architecture], copyright shall subsist only in the artistic character a nd
design and shall not extend to processes or methods of construction.
3[14. Meaning of copyright .For the purposes of this Act, copyright means the exclusive right
subject to the provisions of this Act, to do or authorise the doing of any of the follow ing acts in respect of
a work or any su bstantial part thereof, namely
(a) in the case of a literary, dramatic or musical work, not being a computer programme,
(i) to reproduce the work in any material form including the storing of it in any medium by
electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in
relation to the work in sub -clauses ( i) to ( vi);
(b) in the case of a compute r programme:
(i) to do any of the acts specified in clause ( a);
4[(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy
of the computer programmer :
Provided that such commercial rental does not apply in respect of co mputer programmes
where the programme itself is not the essential object of the rental.]
(c) in the case of an artistic work,
5[(i) to reproduce the work in any material form including
(A) the storing of it in any medium by electronic or other means; or
(B) depiction in three -dimensions of a two -dimension al work; or
(C) depiction in two-dimensions of a three -dimension al work;]
(d) in the case of a cinematograph film,
6[(i) to make a copy of the film , including
(A) a photograph of any image forming part thereof; or
1. Subs. by Act 38 of 1994, s. 2, for record (w.e.f. 10 -5-1995).
2. Subs. by s. 2 , ibid., for architectural work of art (w.e.f. 10 -5-1995).
3. Subs. by s. 7, ibid., for section 14 (w.e.f. 10 -5-1995).
4. Subs. by Act 49 of 1999, s. 3, for sub -clause ( ii) (w.e.f. 15 -1-2000).
5. Subs. by Act 27 of 2012, s. 5, for clause ( c) (w.e.f. 21-6-2012 ).
6. Subs. by s. 5, ibid., for clause ( d) (w.e.f. 21 -6-2012).
12
(B) storing of it in any medium by electronic or other means;]
1[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the
film.]
(iii) to communicate the film to the public;
(e) in the case of a s ound rec ording,
(i) to make any other sound recording embodying it 2[including storing of it in any medium
by electronic or other means] ;
3[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the
sound recording ;]
(iii) to communicate the sound recording to the public.
Explanation. For the purposes of this section, a copy which has been sold once shall be deemed
to be a copy already in circulation].
15. Special provision regarding Copyright in designs registered or Capable o f bein g registered
under the 4*** 5[Design s Act, 2000 (16 of 2000) ].(1) Copyright shall not subsist under this Act in any
design which is registered under the 4*** 5[Designs Act, 2000 (16 of 2000) ].
(2) Copyright in any design, which is capable of being registered under the 4*** 5[Designs Act, 2000
(16 of 2000)] but which has not been so registered, shall cease as soon as any article to which the design
has been applied has been reproduced more than fifty times by an industrial process by the owner of the
copyright or, with his licence, by any other person.
16. No copyright except as provided in this Act .No person shall be entitled to copyright or any
similar right in any work, whether published or unpublished, otherwise than under and in accordance with
the provisions of this Act or of any other law for the time being in force, but nothing in this section shall
be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.
CHAPTER IV
OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER
17. First owner of copyright .Subject to the provisions of this Act, the author of a work shall be |
THE OWNER
17. First owner of copyright .Subject to the provisions of this Act, the author of a work shall be
the first owner of the copyright therein :
Provided that
(a) in the case of a literary, dramatic or artistic work made by the author in the cou rse of his
employment by the proprietor of a newspaper, magazine or similar periodical under a contract of
service or apprentice ship, for the purpose of publication in a newspaper, magazine or similar
periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first
owner of the copyright in the work in so far as the copyright relates to the publication of the work
in any news paper, magazine or similar periodical, or to the reproduction of the work for the
purpose of its being so published, but in all other respects the author shall be the first owner of the
copyright in the work;
(b) subject to the provisions of clause ( a), in the case of a photograph taken, or a painting or
portrait drawn, or an engraving or a cinemato graph film made, for valuable consideration at the
instance of any person, such person shall, in the absence of any agreement to the contrary, be the
first owner of the copyright therein;
1. Subs. by Act 27 of 2012, s. 5, for sub -clause ( ii) (w.e.f. 21 -6-2012).
2. Ins. by s. 5, ibid. (w.e.f. 21 -6-2012).
3. Subs. by s. 5, ibid., for sub -clause ( ii) (w.e.f. 21 -6-2012).
4. The words Indian Patents and omitted by Act 23 of 1983, s. 7 (w.e.f. 9 -8-1984).
5. Subs. by Act 27 of 2012, s. 6, for Designs Act, 1911 (2 of 1911) (w.e.f. 21 -6-2012).
13
(c) in the case of a work made in the course of the author s employm ent under a contract of
service or apprenticeship, to which clause ( a) or clause ( b) does not apply, the employer shall, in
the absence of any agreement to the contrary, be the first owner of the copyright therein;
1[(cc) in the case of any address or spee ch delivered in public, the person who has delivered
such address or speech or if such person has delivered such address or speech on behalf of any
other person, such other person shall be the first owner of the copyright therein notwithstanding
that the p erson who delivers such address or speech, or, as the case may be, the person on whose
behalf such address or speech is delivered, is employed by any other person who arranges such
address or speech or on whose behalf or premises such address or speech is delivered;]
(d) in the case of a Government work, Government shall, in the absence of any agreement to
the contrary, be the first owner of the copyright therein;
1[(dd) in the case of a work made or first published by or under the direction or control of a ny
public undertaking, such public undertaking shall, in the absence of any agreement to the
contrary, be the first owner of the copyright therein.
Explanation. For the purpose of this clause and section 28 A, public under taking means
(i) an undertaking owned or controlled by Government; or
(ii) a Government company as defined in Section 617 of the Companies Act, 1956 ( 1 of 1956);
or
(iii) a body corporate established by or under any Central, Provincial or State Act;]
(e) in the case of a work to which t he provisions of section 41 apply, the international
organisation concerned shall be the first owner of the copyright therein.
2[Provided that in case of any work incorporated in a cinematograph work, nothing contained in
clauses ( b) and ( c) shall affect t he right of the author in the work referred to in clause ( a) of
sub-section ( 1) of section 13.]
18. Assignment of copyright .(1) The owner of the copyright in an existing work or the prospective
owner of the copyright in a future work may assign to any person the copyright either wholly or partially
and either generally or subject to limitations and either for the whole term of th e copyright or any part
thereof :
Provided that in the case of the assignment of copyright in any future work, th e assignment shall take
effect only when the work comes into existence.
3[Provided further that no such assignment shall be applied to any medium or mode of exploitation of
the work which did not exit or was not in commercial use at the time when the assi gnment was made,
unless the assignment specifically referred to such medium or mode of exploitation of the work :
Provided also that the author of the literary or musical work included in a cinematograph film shall
not assign or waive the right to receive r oyalties to be shared on an equal basis with the assignee of
copyright for the utilisation of such work in any form other than for the communication to the public of
the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to
a copyright society for collection and distribution and any agreement to contrary shall be void:
Provided also that the author of the literary or musical work included in the sound recording but not
forming part of any cinematograph fil m shall not assign or waive the right to receive royalties to be
shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal
heirs of the authors or to a collecting society for collection and distribution an d any assignment to the
contrary shall be void. ]
(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the
assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be
1. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9 -8-1984).
2. Ins. by Act 27 of 2012, s. 7 (w.e.f. 21 -6-202).
3. Ins. by s. 8, ibid. (w.e.f. 21 -6-2012).
14
treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have
effect accordingly.
(3) In this section, the expression assignee as respects the assignment of the copyright in any future
work includes the legal r epresentatives of the assignee, if the assignee dies before the work comes into
existence.
19. Mode of assignment .1[(1)] No assignment of the copyright in any work shall be valid unless it
is in writing signed by the assignor or by his duly authorised age nt.
2[(2) The assignment of copyright in any work shall identify such work, and shall specify the rights
assigned and the duration and territorial extent of such assignment.
(3) The assignment of copyright in any work shall also specify the amount of 3[royalty and any other
consideration payable] , to the author or his legal heirs during the currency of the assignment and the
assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the
parties.
(4) Where the assigne e does not exercise the rights assigned to him under any of the other
sub-sections of this section within period of one year from the date of assignment, the assignment in
respect of such right shall be deemed to have lapsed after the e xpiry of the said period unless otherwise
specified in the assignment.
(5) If the period of assignment is not stated, it shall be deemed to be five years from the date of
assignment.
(6) If the territorial extent of assignment of the rights is not specifie d, it shall be presumed to extend
within India.
(7) Nothing in sub -section ( 2) or sub -section ( 3) or sub -section ( 4) or sub -section ( 5) or
sub-section ( 6) shall be applicable to assignments made before the coming into force of the Copyright
(Amendment) Act, 1994].
4[(8) The assignment of copyright in any work contrary to the terms and conditions of the rights
already assigned to a copyright society in which the author of the work is a member shall be v oid.
(9) No assignment of copyr ight in any work to make a cinematograph film shall affect the right of the
author of the work to claim an equal share of royalties and consideration payable in case of utilisa tion of
the work in any form other than for the communication to the public of t he work, along with the
cinematograph film in a cinema hall.
(10) No assignment of the copyright in any work to make a sound recording which does not form part
of any cinematograph film shall affect the right of the author of the work to claim an equal sha re of
royalties and consid eration payable for any utilisa tion of such work in any form.]
5[19A. Disputes with respect to assignment of copyright .(1) If an assignee fails to make
sufficient exercise of the rights assigned to him, and such failure is not at tributable to any act or omission
of the assignor, then, the 6[Appellate Board ] may, on receipt of a complaint from the assignor and after
holding such inquiry as it may deem necessary, revoke such assignment.
(2) If any dispute arises with respect to the assignment of any copyright, the 6[Appellate Board ] may,
on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers
necessary, pass such order as it may deem fit including an order for the recovery of any royalty paya ble:
Provided that the 6[Appellate Board] shall not pass any order under this sub -section to revoke the
assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor
is also the author :
1. Section 19 re-numbered as sub -section ( 1) thereof by Act 23 of 1983, s. 9 (w.e.f. 9 -8-1984).
2. Subs. by Act 38 of 1994, s. 8, for section 19 (w.e.f. 10 -5-1995).
3. Subs. by Act 27 of 2012, s. 9, for royalty payable (w.e.f. 21 -6-2012).
4. Ins. by s. 9, ibid. (w.e. f. 21-6-2012).
5. Subs. by Act 38 of 1994, s. 9, for section 19A (w.e.f. 10 -5-1995).
6. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
15
1[Provided further tha t, pending the disposal of an application for revocation of assignment under this
sub-section, the 2[Appellate Board ] may pass such order, as it deems fit regarding implementation of the
terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights
assigned:
Provided also that,] no order of revocation of assignment under this sub -section, shall be made within
a period of five years from the date of such assignment.]
3[(3) Every complaint received under sub -section ( 2) shall be dealt with by the 2[Appellate Board ] as
far as possible and efforts shall be made to pass the final order in the matter within a period of six months
from the date of receipt of the complaint and any delay in compliance of the same, the 2[Appellate Board ]
shall record the reasons thereof.]
20. Transmission of copyright in manuscript by testamentary disposition .Where under a
bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic
work, and t he work was not published before the death of the testator, the bequest shall, unless the
contrary intention is indicated in the testator s will or any codicil thereto, be construed as including the
copyright in the work in so far as the testator was the o wner of the copyright immediately before his
death.
Explanation .In this section, the expression manuscript means the original document embodying
the work, whether written by hand or not.
21. Right of author to relinquish copyright .(1) The author of a w ork may relinquish all or any of
the rights comprised in the copyright in the work by giving notice in the prescribed form to 4[the Registrar
of Copyrights or by way of public notice] and thereupon such rights shall, subject to the provisions of
sub-sectio n (3), cease to exist from the date of the notice.
(2) On receipt of a notice under sub -section ( 1), the Registrar of Copyrights shall cause it to be
published in the Official Gazette and in such other manner as he may deem fit.
5[(2A) The Registrar of Cop yright shall, within fourteen days from the publication of the notice in the
Official Gazette, post the notice on the official website of the Copyright Office so as to remain in the
public domain for a period of not less than three years.]
(3) The relinqui shment of all or any of the rights comprised in the copyright in a work shall not affect
any rights subsisting in favour of any person on the date of notice referred to in sub -section ( 1).
CHAPTER V
TERM OF COPYRIGHT
22. Term of copyright in published lite rary, dramatic, musical and artistic works .Except as
otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work
6*** published within the lifetime of the author until 7[sixty years] from the beginning of th e calendar
year next following the year in which the author dies.
Explanation .In this section the reference to the author shall, in the case of a work of joint
authorship, be construed as a reference to the author who dies last.
23. Term of copyright in a nonymous and pseudonymous works .(1) In the case of literary,
dramatic, musical or artistic work (other than a photograph), which is published anonymously or
pseudonymously , copyright shall subsist until 7[sixty years] from the beginning of the calendar ye ar next
following the year in wh ich the work is first published :
Provided that where the identity of the author is disclosed before the expiry of the said period,
copyright shall subsist until 7[sixty years] from the beginning of the calendar year next following the year
in which the author dies.
1. Subs. by Act 27 of 2012, s. 10, for Provided further that (w.e.f. 21 -6-2012).
2. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017 |
2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
3. Ins. by Act 27 of 2012, s. 10 (w.e.f. 21 -6-2012).
4. Subs. by s. 11, ibid., for Registrar of Copyright (w.e.f. 21 -6-2012).
5. Ins. by s. 11, ibid. (w.e.f. 21 -6-2012).
6. The brackets and words (other than a photograph) omitted by Act 27 of 2012, s. 12 (w.e.f. 21 -6-2012).
7. Subs. by A ct 13 of 1992, s. 2, for fifty years (w.e.f. 28 -10-1991).
16
(2) In sub -section ( 1), references to the author shall, in the case of an anonymous work of joint
authorship, b e construed,
(a) where the identity of one of the authors is disclosed, as references to that author;
(b) where the identity of more authors than one is disclosed, as references to the author who dies
last from amongst such authors.
(3) In sub -section ( 1), references to the author sha ll, in the case of a pseudonym s work of j oint
authorship, be construed,
(a) where the names of one or more (but not all) of the aut hors are pseudonym s and his or their
identity is not disclosed, as references to the author wh ose name is not a pseudonym, or, if the names
of two or more of the authors are not pseudonyms, as references to such of those authors who dies
last;
(b) where the names of one or more (but not all) of the authors are pseudonyms an d the identity
of one or more of them is disclosed, as references to the author who dies last from amongst the
authors whose names are not pseudonyms and the authors whose names are pseudonyms and are
disclosed; and
(c) where the names of all the authors are pseudonyms and the ide ntity of one of them is
disclosed, as references to the author whose identity is disclosed or if the identity of two or more of
such authors is disclosed, as references to such of those authors who dies last.
Explanation .For the purposes of this section, the identity of an author shall be deemed to have been
disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or
is otherwise establi shed to the satisfaction of the 1[Appellate Board ] by that author .
24. Term of copyright in posthumous work .(1) In the case of a literary, dramatic or musical work
or an engraving, in which copyright subsists at the date of the death of the author or, in the case of any
such work of joint authorship, at or immediately before the date of the death of the author who dies last,
but which, or any adaptation of which, has not been published before that date, copyright shall subsist
until 2[sixty years] from the beginning of the calendar year next following the year in which the w ork is
first published or, where an adaptation of the work is published in any earlier year, from the beginning of
the calendar year next following that year.
(2) For the purposes of this section a literary, dramatic or musical work or an adaptation of any such
work shall be deemed to have been published, if it has been performed in public or if any 2[sound
recordings] made in respect of the work have been sold to the public or have been offered for sale to the
public.
25. [Term of copyright in photographs .] Omitted by the Copyright (Amendment) Act , 2012
(27 of 2012), s. 13 ( w.e.f . 21-6-2012).
26. Term of copyright in cinematograph films .In the case of a cinemato graph film, copyright
shall subsists until 3[sixty years] from the beginning of the calendar year next following the year in which
the film is published.
27. Term of copyright in sound recording .In the case a 4[sound recording] copyright shall subsist
until 3[sixty years] from the beginning of the calendar year next following the year in which the 4[sound
recording] is published.
1. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
2. Subs. by Act 38 o f 1994, s. 2, for record (w.e.f. 10 -5-1995).
3. Subs. by A ct 13 of 1992, s. 2, for fifty years (w.e.f. 28 -10-1991).
4. Subs. by Act 38 of 1994, s. 2, f or record (w.e.f. 10 -5-1995).
17
28. Term of copyright Government work s.In the case of Government work, where Government
is the first owner of the copyright therein, copyright shall subsist until 1[sixty years] from the beginning of
the calendar year next following the year in which the work is first published.
2[28A. Term of copyright in works of public undertakings .In the case of a work, where a public
undertaking is the first owner of the copyright therein, copyright shall subsist until 1[sixty years] from the
beginning of the calenda r year next following the year in which the work is first published].
29. Term of copyright in works of international organisations .In the case of a work of an
international organisation to which the provisions of section 41 apply, copyright shall subsist until 1[sixty
years] from the beginning of the calendar year next following the year in which the work is first
published.
CHAPTER VI
LICENCES
30. Licenc es by owners of copyright .The owner of the copyright in any existing work o r the
prospective owner of the copyright in any future work may grant any interest in the right by licence in
3[writing by him ] or by his duly authorised agent :
Provided that in th e case of a licence relating to copyright in any future work, the licence shall take
effect only when the work comes into existence.
Explanation. Where a person to whom a licence relating to copyright in any future work is granted
under th is section dies b efore the work comes into existence, his legal representatives shall, in the absence
of any provision to the contrary in the licence, be entitled to the benefit of the licence.
4[30A. Application of 5[section 19].The p rovisions of sections 19 and 19 A shal l, with any
necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in
relation to assignment of copyright in a work.]
31. Compulsory licence in works withheld from public .(1) If at any time during the term o f
copyright in 6[any work ] which has been published or performed in public, a complaint is made to the
7[Appellate Board ] that the owner of copyright in the work
(a) has refus ed to re publish or allow the republication of the work or has refused to allow the
performance in public of the work, and by reason of such refusal the work is withheld from the
public; or
(b) has refused to allow communication to the public by 8[broadcast] of such work or in the case
of a 9[sound recording] the work recorded in such 9[sound recording], on terms which the
complainant considers reasonable,
the 7[Appellate Board ], after giving to the owner of the copyright in th e work a reasonable opportunity of
being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the
grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant
a licence t o republish the work, perform the work in public or communicate the work to the public by
8[broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation
and subject to such other terms and conditions as the 7[Appel late Board ] may determine; and thereupon
the Registrar of Copyrights shall grant the 10[licence to such person or persons who, in the opinion of the
6[Appellate Board ], is or are qualified to do so ] in accordance with the directions of the 7[Appellate
Board ], on payment of such fee as may be prescribed.
1. Subs. by A ct 13 of 1992, s. 2, for fifty years (w.e.f. 28 -10-1991).
2. Ins. by Act 23 of 1983, s. 11 (w.e.f. 9 -8-1984).
3. Subs. by Act 27 of 2012, s. 14, for writing signed by him (w.e.f. 21 -6-2012).
4. Ins. by Act 38 of 1994, s. 10 (w.e.f. 10 -5-1995).
5. Subs. by Act 27 of 2012, s. 15, for section 19 and 19A (w.e .f. 21 -6-2012).
6. Subs. by s. 16, ibid., for any Indian work (w.e.f. 21 -6-2012).
7. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
8. Subs. by Act 23 of 1994, s. 2, for radio -diffusion (w.e.f. 9 -8-1984).
9. Subs. by Act 38 of 1994, s. 2, for record (w.e.f. 10 -5-1995).
10. Subs. by Act 27 of 2012, s. 16, for licence to the complainant (w.e.f. 21 -6-2012).
18
1* * * * *.
2* * * * *.
3[31A. Compulsory licence in unpublished 4[or published works] .5[(1) Where, in the case of any
unpublished work or any work published or communicated to the publi c and the work is withheld from
the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in
such work cannot be found, any person may apply to the 6[Appellate Board ] for a licence to publish or
communicate to th e public such work or a translation thereof in any language.]
(2) Before making an application under sub -section ( 1), the applicant shall publish his proposal in one
issue of a daily newspaper in the English language having circulation in the major part of the country and
where the application is for the publication of a translation in any language, also in one issue of any daily
newspaper in that language.
(3) Every such application shall be made in such form as may be prescribed and shall be accompanied
with a copy of the advertisement issued under sub -section ( 2) and such fee as may be prescribed.
(4) Where an application is made to the 6[Appellate Board ] under this section, it may after holding
such inquiry as may be prescribed, direct the Registrar of C opyrights to grant to the applicant a licence to
publish the work or a translation thereof in the language mentioned in the application subject to the
payment of such royalty and subject to such other terms and conditions as the 6[Appellate Board ] may
determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance
with the direction of the 6[Appellate Board ].
(5) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the
applicant to deposit the amount of the royalty determined by the 6[Appellate Board ] in the public account
of India or in any other account specified by the 6[Appellate Board ] so as to enable the owner of the
copyright or, as the case may be, his heirs, exec utors or the legal representatives to claim such royalty at
any time.
(6) Without prejudice to the foregoing provisions of this section, in the case of a work referred to in
sub-section (1), if the original author is dead, the Central Government may, if it considers that the
publication of the work is desirable in the national interest, require the heirs, executors or legal
representatives of the author to publish such work within such period as may be specified by it.
(7) Where any work is not published wi thin the period specified by the Central Government under
sub-section ( 6), the 6[Appellate Board ] may, on an application made by any person for permission to
publish the work and after hearing the parties concerned, permit such publication on payment of su ch
royalty as the 6[Appellate Board ] may, in the circumstances of such case, determine in the prescribed
manner.]
7[31B. Compulsory licence for benefit of disabled .(1) Any person working for the benefit of
persons with disability on a profit basis or for business may apply to the 6[Appellate Board ], in such form
and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published
any work in which copyright subsists for the benefit of such persons, in a case to which clause ( zb) of
sub-section ( 1) of section 52 does not apply and the 6[Appellate Board ] shall dispose of such application
within a period of two months from the receipt of the application.
(2) The 6[Appellate Board ] may, on receipt of an application under sub -sectio n (1), inquire, or direct
such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that
the application has been made in good faith.
1. The Explanation omitted by Act 27 of 2012, s. 16, (w.e.f. 21 -6-2012).
2. Omitted by s. 16, ibid. (w.e.f. 21 -6-2012).
3. Ins. by Act 23 of 19 83, s. 12 (w.e.f. 9 -8-1984).
4. Subs. by Act 27 of 2012, s. 17, for Indian works (w.e.f. 21 -6-2012).
5. Subs. by s. 17, ibid., for sub -section ( 1) (w.e.f. 21 -6-2012).
6. Subs. by Act 7 of 201 |
.e.f. 21 -6-2012).
6. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26-5-2017).
7. Ins. by Act 27 of 2012, s. 18 (w.e.f. 21 -6-2012).
19
(3) If the Appellate Board is satisfied, after giving to the owners of righ ts in the work a reasonable
opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory
licence needs to be issued to make th e work available to the disabled , it may direct the Registrar of
Copyright to grant to th e applicant such a licence to publish the work.
(4) Every compulsory licence issued under this section shall specify the means and format of
publication, the period during which the compulsory licence may be exercised and, in the case of issue of
copies, t he number of copies that may be issue d including the rate or royalty:
Provided that where the 1[Appellate Board ] issued such a compulsory licence it may, on a further
application and after giving reasonable opportunity to the owners of rights, extend the p eriod of such
compulsory licence and allow the issue of more copies as it may deem fit.
31C. Statutory licence for cover versions. (1) Any person desirous of making a cover version,
being a sound recording in respect of any literary, dramatic or musical w ork, where sound reco rdings of
that work have been made by or with the licence or consent of the owner of the right in the work, may do
so subject to the provisions of this section :
Provided that such sound recording s shall be in the same medium as the las t recording, unless the
medium of the last recording is no longer in current commercial use.
(2) The person making the sound recordings shall give prior notice of his intention to make the sound
recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with
which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work
royalties in respect of all copies to be made by him, at the rate fixed by the 1[Appellate Board ] in this
behalf :
Provided that such sound recordings shall not be sold or issued in any form of packaging or with any
cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall
not contain the name or depict in any way a ny performer of an earlier sound recording of the same work
or any cinematograph film in which sound recording was incorporated and, further, shall state on the
cover that it is a cover version made under this section.
(3) The person making such sound reco rdings shall not make any alteration in the literary or musical
work which has not been made previously by or with the consent of the owner of rights, or which is not
technically necessary for the purpose of making the sound recordings:
Provided that such sound recordings shall not be made until the expiration of five calendar years after
the end of the year in which the first sound recordings of the work was made.
(4) One royalty in respect of such sound recordings shall be paid for a minimum of fifty thou sand
copies of each work during each calendar year in which copies of it are made:
Provided that the 1[Appellate Board ] may, by general order, fix a lower minimum in respect of works
in a particular language or dialect having regard to the potential circul ation of such works.
(5) The person making such sound recordings shall maintain such registers and books of account in
respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of
rights or his duly author ised agent or representative to inspect all records and books of account relating to
such sound recording:
Provided that if on a complaint brought before the 1[Appellate Board ] to the effect that the owner of
rights has not been paid in full for any sound reco rdings purporting to be made in pursuance of this
section, the 1[Appellate Board ] is, prima facie , satisfied that the complaint is genuine, it may pass an
order ex parte directing the person making the sound recording to cease from making further copies an d,
after holding such inquiry as it considers necessary, make such further order as it may deem fit, including
an order for payment of royalty.
Explanation .For the purpose s of this section cover version means a sound recording made in
accordance with th is section.
1. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
20
31D. Statutory licence for broadcasting of literary and musical works and sound
recording. (1) Any broadcasting organi sation desirous of communicating to the public by way of a
broadcast or by way o f performance of a lite rary or musical work and sound recording which has already
been published may do so subject to the provisions of this section.
(2) The broadcasting organi sation shall give prior notice, in such manner as may be prescribed, of its
intention to broadcast th e work stating the duration and territorial coverage of the broadcast, and shall pay
to the owner of rights in each work royalties in the manner and at the rate fixed by the 1[Appellate Board ].
(3) The rates of royalties for radio broadcasting shall be dif ferent from television broadcasting and the
1[Appellate Board ] shall fix separate rates for radio broadcasting and television broadcasting.
(4) In fixing the manner and the rate of royalty under sub -section ( 2), the 1[Appellate Board ] may
require the broad casting organi sation to pay an advance to the owners of rights.
(5) The names of the authors of the principal performers of the work shall, except in case of the
broadcasting organi sation communicating such work by way of performance, be announced with the
broadcast.
(6) No fresh alteration to any literary or musical work, which is not technically necessar y for the
purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made
without the consent of the owners o f rights.
(7) The broadcasting organi sation shall
(a) mai ntain such records and books of account, and render to the owners of rights such reports
and accounts; and
(b) allow the owner of rights or his duly authori sed agent or representative to inspect al l records
and books of account relating to such broadcast,
in such manner as may be prescribed.
(8) Nothing in this section shall affect the operation of any licence issued or any agreement entered
into before the commencement of the Copyright (Amendment) Act, 2012 .]
32. Licence to produce and publish translations .(1) Any person may apply to the 1[Appellate
Board ] for a licence to produce and publish a translation of a literary or dramatic work in any
language 2[after a period of seven years from the first publication of the work].
1[(1A) Notwithstanding anything contained in sub -section ( 1), any person may apply to the
1[Appellate Board ] for a licence to produce and publish a translation, in printed or analogous forms of
reproduction, of a literary or dram atic work, other than an Indian work, in any language in general use in
India after a period of three years from the first publication of such work, if such translation is required
for the purposes of te aching, scholarship or research :
Provided that where such translation is in a language not in general use in any developed country,
such application may be made after a period of one year from such publication.
(2) Every 3[application under this section] shall be made in such form as may be prescribed and sh all
state the proposed retail price of a copy of the translation of the work.
(3) Every applicant for a licence under this section shall, along with his application, deposit with the
Registrar of Copyrights such fee as may be prescribed.
(4) Where an appli cation is made to the 1[Appellate Board ] under this section, it may, after holding
such inquiry as may be prescribed, grant to the applicant a licence , not being an exclusive licence , to
produce and publish a translation of the work in the language mention ed in 4[the application
1. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
2. Ins. by Act 23 of 1983, s. 13 (w.e. f. 9-8-1984).
3. Subs. by s. 13, ibid., for such application (w.e.f. 9 -8-1984).
4. Subs. by Act 23 of 1983, s. 13, for certain words (w.e.f. 9 -8-1984).
21
(i) subject to the condition that the applicant shall pay to the owner of the copyright in the work
royalties in respect of copies of the translation of the work sold to the public, calculated at such rate
as the 1[Appellate Board ] may, in the circumstances of each case, determine in the prescribed manner;
and
(ii) where such licence is granted on an application under sub -section ( 1A), subject also to the
condition that the licence shall not extend to the export of copies of the tr anslation of the work outside
India and every copy of such translation shall contain a notice in the language of such translation that
the copy is available for distribution only in India:
Provided that nothing in clause ( ii) shall apply to the export by G overnment or any authority under
the Government of copies of such translation in a language other than English, Frenc h or Spanish or to
any country if
(1) such copies are sent to citizens of India residing outside India or to any association of such
citizens outside India; or
(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any
commercial purpose; and
(3) in either case, the permission for such export has been given by the Government of that country :]
2[Provided further that no licence under this sec tion] shall be granted, unless
(a) a translation of the work in the language mentioned in the application has not been published
by the owner of the copyright in the work or any person authorised by him, 3[withi n seven years or
three years or one year, as the case may be, of the first publication of the work], or if a translation has
been so published, it has been out of print;
(b) the applicant has proved to the satisfaction of the 1[Appellate Board ] that he had requested and
had been denied authorisation by the owner of the copyright to produce and publish such translation,
or that 4[he was, after due diligence on his part, unable to find] the owner of the copyright;
(c) where the applicant was unable to find th e owner of the copyright, he had sent a copy of his
request for 5[such authorisation by registered air mail post to the publisher whose name appears from
the work, and in the case of an application for a licence under sub -section ( 1)], not less than two
months before 6[such application];
7[(cc) a period of six months in the case of an a pplication under sub -section ( 1A) (not being an
application under the proviso thereto), or nine months in the case of an application under the proviso
to that sub -section, ha s elapsed from the date of making the request under clause ( b) of this proviso or
where a copy of the request has been sent under clause ( c) of this proviso, from the date of sending of
such copy, and the translation of the work in the language mentioned i n the application has not been
published by the owner of the copyright in the work or any person authorised by him within the said
period of six months or nine months, as the case may be;
(ccc) in the case of any applicatio n made under sub -section ( 1A)
(i) the name of the author and the title of the particular edition of the work proposed to be
translated are printed on all the copies of the translation;
(ii) if the work is composed mainly of illustrations, the provisions of section 32 A are also
complied w ith;]
1. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
2. Subs. by Act 23 of 19 83, s. 13, for Provided that no such licence (w.e.f. 9 -8-1984).
3. Subs. by s. 13, ibid., for within seven years of the first publication of the work (w.e.f. 9 -8-1984).
4. Subs. by s. 13, ibid., for he was unable to find (w.e.f. 9 -8-1984).
5. Subs. by s. 13, ibid., for such authori sation to the publisher whose name appears from the work (w.e.f. 9 -8-1984).
6. Subs. by s. 13, ibid., for the application for the licence (w.e.f. 9 -8-1984).
7. Ins. by s. 13 , ibid. (w.e.f. 9 -8-1984).
22
(d) the 1[Appellate Board ] is satisfied that the applicant is competent to produce and publish a
correct translation of the work and possesses the means to pay to the owner of the copyright the
royalties payable to him under this section;
(e) the aut hor has not withdrawn from circulation copies of the work; and
(f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in
the work.
2[(5) Any broadcasting authority may apply to the 1[Appellate Board ] for a licence t o produce and
publish the translati on of
(a) a work referred to in sub -section ( 1A) and published in printed or analogous forms of
reproduction; or
(b) any text incorporated in audio -visual fixations prepared and published solely for the purpose
of syste matic instructional activities,
for broadcasting such translation for the purposes of teaching or for the dissemina tion of the results of
specialised, technical or scientific research to the experts in any particular field.
(6) The provisions of sub -sectio ns (2) to ( 4) in so far as they are relatable to an application under
sub-section ( 1A), shall, with the necessary modifications, apply to the grant of a licence under
sub-section ( 5) and such licence sh all not also be granted unless
(a) the translation is made from a work lawfully acquired;
(b) the broadcast is made through the medium of sound and visual recordings;
(c) such recording has been lawfully and exclusively made for the purpose of broadcasting in
India by the applicant or by o ther broadcasting agency; and
(d) the translation and the broadcasting of such translation are not used for any commercial
purposes.
Explanation .For the purposes of this section ,
(a) developed country |
translation are not used for any commercial
purposes.
Explanation .For the purposes of this section ,
(a) developed country means a country which is not a developing country;
(b) developing country means a country which is for the time being regarded as such in
conformity with the practice of the General Assembly of the United Nations;
(c) purposes of research does not include purposes of industrial research, or purposes of
research by bodies corporate (not being bodies corporate owned or controlled by Government) or
other association or body of persons for commercial purposes;
(d) purposes of teaching, research or scholarship includes
(i) purposes of instructional activi ty at all levels in educational, institu tions, including
Schools, Colleges, Universities and tutorial institu tions; and
(ii) purposes of all other types of organised educational activity.]
3[32A. Licence to reproduce and publish works for certain purpose s.(1) Where, after the
expiration of the relevant period from the date of the first publication of an edition of a literary , scientific
or artistic work,
(a) the copies of such edition are not made available in India; or
(b) such copies have not been put on sale in India for a period of six months,
to the public, or in connection with systematic instructional activities at a price reasonably related to that
normally charged in India for comparable works by the owner of the right of reproduction or by any
1. Subs. by Act 7 o f 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
2. Ins. by Act 23 of 1983, s. 13 (w.e.f. 9 -8-1984).
3. Ins. by s. 14, ibid. (w.e.f. 9 -8-1984).
23
person authorised by him in this behalf, any person may apply to the 1[Appellate Board ] for a licence to
reproduce and publish such work in printed or analogous forms of reproduction at the price at which such
edition is sold or at a lower price for the p urpose s of systematic instructional activities.
(2) Every such application shall be made in such form as may be prescribed and shall state the
proposed retail price of a copy of the work to be reproduced.
(3) Every applicant for a licence under this sectio n shall, along with his application, deposit w ith the
Registrar of Copyrights such fee as may be prescribed.
(4) Where an application is made to the 1[Appellate Board ] under this section, it may, after holding
such inquiry as may be prescribed, grant to th e applicant a licence, not being an exclusive licence, to
produce and publish a reproduction of the work mentioned in the application s ubject to the conditions
that,
(i) the applicant shall pay to the owner of the copyright in the work royalties in respec t of copies
of the reproduction of the work sold to the public, calculated at such rate as the 1[Appellate Board ]
may, in the circumstances of each case, determine in the prescribed manner;
(ii) a licence granted under this section shall not extend to the export of copies of the reproduction
of the work outside India and every copy of such reproduction shall contain a notice that the copy is
available for distribution only in India :
Provided that no such l icence shall be granted unless
(a) the applicant ha s proved to the satisfaction of the 1[Appellate Board ] that he had requested
and had been denied authorisation by the owner of the copyright in the work to reproduce and
publish such work or that he was, after due diligence on his part, unable to find such owner;
(b) where the applicant was unable to find the owner of the copyright, he had sent a copy of
his request for such authorisation by registered air -mail post to the publisher whose name appears
from the work not less than three months before the appl ication for the licence;
(c) the 1[Appellate Board ] is satisfied that the applicant is competent to reproduce and publish
an accurate reproduction of the work and possesses the means to pay the owner of the copyright
the royalties payable to him under this section;
(d) the applicant undertakes to reproduce and publish the work at such price as may be fixed
by the 1[Appellate Board ], being a price reasonably related to the price normally charged in India
for works of the same standard on the same or similar subjects;
(e) a period of six months in the case of an application for the reproduc tion and publication of
any work of natural science, physical science, mathematics or technology, or a period of three
months in the case of an application for the reproduc tion and publication of any other work, has
elapsed from the date of making the request under clause ( a), or where a copy of the request has
been sent under clause ( b), from the date of sending of a copy, and a reproduction of the work has
not been publish ed by the owner of the copyright in the work or any person authorised by him
within the said period of six months or, three months, as the case may be;
(f) the name of the author and the title of the particular edition of the work proposed to be
reproduced are printed on all the copies of the reproduction;
(g) the author has not withdrawn from circulation copies of the work; and
(h) an opportunity of being heard is given, wherever practicable, to the owner of the
copyright in the work.
(5) No licence to rep roduce and publish the translation of a work shall be granted under this section
unless such translation has been published by the owne r of the right of translation or any person
authorised by him and the translation is not in a language in general use in India.
1. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
24
(6) The provisions of this section shall also apply to the reproduction and publication, or translation
into a language in general use in India, of any text incorporated in audio -visual fixations prepared and
published solely for the purpose of syst ematic instructional activities.
Explanation .For the purpose of this section, relevant period , in relation to any work,
means a period of
(a) seven years from the date of the first publication of that work, where the application is
for the reproduction and publication of any work of, or relating to, fiction, poetry, drama,
music or art;
(b) three years from the date of the first publication of that work, where the application is
for the reproduction and publication of any work of, or relating to, natura l science, physical
science, mathematics or technology; and
(c) five years from the date of the first publication of that work, in any other case.
32B. Termination of licences issued under this Chapter .(1) If, at any time after the granting of a
licence to produce and publish the translation of a work in an y language under sub -section ( 1A) of
section 32 (hereafter in this sub -section referred to as the licensed work), the owner of the copyright in the
work or any person authorised by him publishes a tra nslation of such work in the same language and
which is substantially the same in content at a price reasonably related to the price normally charged in
India for the translation of works of the same standard on the same or similar subject, the licence so
granted shall be terminated :
Provided that no such termination shall take effect until after the expiry of a period of three months
from the date of service of a notice in the prescribed manner on the person holding such licence by the
owner of the right o f translation intimating the publication of the translation as aforesaid :
Provided further that copies of the licensed work produced and published by the person holding such
licence before the termination of the licence takes effect may continue to be sold or distributed until the
copies already produced and published are exhausted.
(2) If, at any time after the granting of a licence to produce and publish the reproduction or translati on
of any work under section 32 A, the owner of the right of reproduction or any person authorised by him
sells or distributes copies of such work or a translation thereof, as the case may be, in the same language
and which is substantially the same in content at a price reasonably related to the price normally charged
in India for works of the same standard on the same or similar subject, the licence so granted shall be
terminated :
Provided that no such termination shall take effect until after the expiry of a period of three months
from the date of service of a notice in the pr escribed manner on the person holding the licence by the
owner of the right of reproduc tion intimating the sale or distribution of the copies of th e editions of work
as aforesaid :
Provided further that any copies already reproduced by the licensee before such termination takes
effect may continue to be sold or distributed until the copies already produced are exhausted.]
1[CHAPTER VII
COPYRIGHT SOCIETIES
33. Registration of Copyright society .(1) No person or association of persons shall, after coming
into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or
granting licences in respect of any work in which copyright subsists or in respect of any other rights
conferred by this Act except under or in accordance with t he registration granted under sub -section ( 3):
Provided that an owner of copyright shall, in his individual capacity, continue to have the right to
grant licences in respect of his own works consistent with his obligations as a member of t he registered
copyright society :
2[Provided further that the business of issuing or granting license in respect of literary, dramatic,
musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out
only through a copyright society duly registered under this Act:
1. Subs. by Act 38 of 1994, s. 11, for Chapter VII (w.e.f. 10 -5-1995).
2. Subs. by Act 27 of 2012, s. 19, for Provided that (w.e.f. 21 -6-2012).
25
Provided also ] that a perform ing rights society functioning in accordance with the provisions of
section 33 on the date immediately before the coming into force of the Copyright (Amendment) Act, 1994
(38 of 1994) shall be de emed to be a copyright society for the purposes of this Chapter and every such
society shall get itself registered within a period of one year form the date of commencement of the
Copyright (Amendment) Act, 1994.
(2) Any association of persons who fulfil s such conditions as may be prescribed may apply for
permission to do the business specified in sub -section ( 1) to the Registrar of Copyrights who shall submit
the application to the Central Government.
(3) The Central Government may, having regard to the in terests of the authors and other owners of
rights under this Act, the interest and convenience of the public and in particular of the groups of persons
who are most likely to seek licences in respect of the relevant rights and the ability and professional
competence of the applicants, register such association of persons as a copyright society subject to such
conditi ons as may be prescribed :
Provided that the Central Government shall not ordinarily register more than one copyright society to
do business in respect of the same class of Works.
1[(3A) The registration granted to a copyright society under sub -section ( 3) shall be for a period of
five years and may be renewed from time to time before the end of every five years on a request in the
prescribed form and the Central Government may renew the registration after considering the report of
Registrar of Copyright on the working of the copyright society under section 36:
Provided that the renewal of the registration of a copyright society shall be subject to the continued
collective control of the copyright society being shared with the authors of works in their capacity as
owners of copyrights or of the right to receive royalty:
Provided further that every copyright society already registered before the comi ng into force of the
Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a
period of one years form the date of commencement of the Copyright (Amendment) Act, 2012.]
(4) The Central Government may, if it is s atisfied that a copyright society is being managed in a
manner detrimental to the interests of the 2[authors and other owners of rights] concerned, cancel the
registration of such society after such inquiry as may be prescribed.
(5) If the Central Governme nt is of the opinion that in the interest of the 2[authors and other owners of
rights] concerned 1[or for non -compliance of sections 33A, sub -section ( 3) of section 35 or and
section 36 of any change carried out in the instrument by which the c opyright society is established or
incorporated and registered by the Central Government without prior notice to it] , is necessary so to do it
may, by order suspend the registration of such society pending inquiry for such period not exceeding one
year as may be specified in such order under sub -section ( 4) and that Government shall appoint an
administrator to discharge the functions of the copyright society.
3[33A. Tariff Scheme by copyright societies .(1) Every copyright society shall publish its tariff
scheme in such manner as may be prescribed.
(2) Any person who is aggrieved by the tariff scheme may appeal to the 4[Appellate Board ] and the
Board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may
be require d to remove any unreasonable element, anomaly or inconsistency therein:
Provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed
that has fallen due before making an appeal to the 4[Appellate Board ] and shall conti nue to pay such fee
until the appeal is decided, and the Board shall not issue any order staying the collection of such fee
pending disposal of the appeal:
Provided further that the 4[Appellate Board ] may after hearing the parties fix an interim tariff and
direct the aggrieved parties to make the payment according pending disposal of the appeal.]
1. Ins. by Act 27 of 2012, s. 19 (w.e.f. 21 -6-2012).
2. Subs. by s. 19, ibid., for owner of rights (w.e.f. 21 -6-2012).
3. Ins. by s. 20, ibid. (w.e.f. 21 -6-2012).
4. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
26
34. Administration of rights of owner by copyright society .(1) Subject to such co nditions as
may be prescribed,
(a) a copyright society may accept from an 1[author and other owners of right ] exclusive
authorisation to administer any right in any work by issue of licences or collection of licence fees |
and other owners of right ] exclusive
authorisation to administer any right in any work by issue of licences or collection of licence fees or
both; and
(b) an 1[author and other owners of right ] shall have the right to withdraw such authorisation
witho ut prejudice to the rights of the copyright society under any contract.
(2) It shall be competent for a copyright society to enter into agreement with any foreign society or
organisation administering rights corresponding to rights under this Act, to entru st to such foreign society
or organisation the administration in any foreign country of rights administered by the said copyright
society in India, or for administering in India the rights administered in a foreign country by such foreign
society or organi sation :
Provided that no such society or organisation shall permit any discrimination in regard to the terms of
licence or the distribution of fees collected between rights in Indian and other works.
(3) Subject to such conditions as may be presc ribed, a c opyright society may
(i) issue licences under section 30 in respect of any rights under this Act;
(ii) collect fees in pursuance of such licences;
(iii) distribute such fees among 1[author and other owners of right ] after making deductions for
its own ex penses;
(iv) perform any other functions consistent with the provisions of section 35.
34A. [Payment of re munerations by copyright society .] Omitted by the Copyright (Amendment ) Act,
2012 (27 of 2012), s. 22 ( w.e.f . 21-6-2012).
35. Control over the copyrig ht society by the 2[author and other owners of right ].(1) Every
copyright society shall be subject to the collective control of the owners of rights under this Act whose
rights it administers (not being 2[author and other owners of right ] under this Act a dministered by a
foreign society or organisation referred to in sub-section ( 2) of section 34) and shall, in suc h manner as
may be prescribed,
(a) obtain the approval of such owners of rights for its procedures of collection and distribution of
fees;
(b) obtain their approval for the utilisation of any amounts collected as fees for any purpose other
than distribution to the owner of rights; and
(c) provide to such owners regular, full and detailed information concern ing all its activities, in
relation to the administration of their rights.
(2) All fees distributed among the 2[author and other owners of right ] shall, as far as may be, be
distributed in proportion to the actual use of their works.
3[(3) Every copyright society shall have a governing body wit h such number of persons elected from
among the members of the society consisting of equal number of authors and owners of work for the
purpose of the administration of the society as may be specified.
(4) All members of copyright society shall enjoy equal membership rights and there shall be no
discrimination between authors and owners of rights in the distribution of royalties.]
36. Submission of returns and reports .(1) Every copyright shall submit to the Registrar of
Copyrights such returns as may be pr escribed.
1. Subs. by Act 27 of 2012, s. 21, for owner of rights (w.e.f. 21 -6-2012).
2. Subs. by s. 23, ibid., for owner of rights (w.e.f. 21 -6-2012).
3. Ins. by s. 23, ibid. (w.e.f. 21 -6-2012).
27
(2) Any officer duly authorised by the Central Government in this behalf may call for any report and
also call for any records of any copyright society for the purpose of satisfying himself that the fees
collected by the society in respect of rig hts administered by it are being utilised or distributed in
accordance with the provisions of this Act.
36A. Rights and liabilities of performing rights societies .Nothing in this Chapter shall affect any
rights or liabilities in any work in connection wit h a 1[copyright society ] which had accrued or were
incurred on or before the day prior to the commencement of 2[the Copyright (Amendment) Act, 2012] , or
any legal proceedings in respect of any such rights or liabilities pending on that day.]
CHAPTER VIII
3[RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS]
4[37. Broadcast reproduction right .(1) Every broadcasting organisation shall have a special right
to be known as broadcast reproduction right in respect of its broadcasts.
(2) The broadcast reprodu ction right shall subsist until twenty -five years from the beginning of the
calendar year next following the year in which the broadcast is made.
(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person
who, wit hout the licence of the owner of the right does any of the following acts of the broadcast or any
substantial part thereof,
(a) re-broadcast the broadcast; or
(b) causes the broadcast to be heard or seen by the public on payment of any charges; or
(c) mak es any sound recording or visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such initial
recording was done without licence or, where it was licensed, for any purpose not envisaged by such
licence; or
5[(e) sells or given on commercial rental or offer for sale or for such rental, may such sound
recording or visual recording referred to in clause ( c) or clause ( d)].]
6[38. Performer s right .(1) Where any performer appears or engages in any per formance, he shall
have a special right to be known as the performer s right in relation to such performance.
(2) The performer s right shall subsist until 7[fifty years ] from the beginning of the calendar year next
following the year in which the perfor mance is made.
8* * * * *]
9[38A. Exclusive right of performers .(1) Without prejudice to the rights conferred on authors, the
performers right which is an exclusive right subject to the provisions of this Act to do or authori se for
doing any of t he following acts in respect of the performance or any substantial part thereof, namely:
(a) to make a sound recording or a visual recording of the performance, including
(i) reproduction of it in any material form including the storing of it in any med ium by
electronic or any other means;
(ii) issuance of copies of it in any material form including the storing of it in any medium by
electronic or any other means;
1. Subs. by Act 27 of 2012, s. 24, for performing rights society (w.e.f. 21 -6-2012).
2. Subs. by s. 24, ibid., for the Copyright (Amendment) Act, 1994 (38 of 1994) (w.e.f. 21 -6-2012).
3. Subs. by Act 38 of 1994, s. 1 2, for R IGHTS OF BROADCASTING AUTHORITIES (w.e.f. 10-5-1995).
4. Subs. by s. 13, ibid., for section 37 (w.e.f. 10 -5-1995).
3. Subs. by Act 27 of 2012, s. 25, for clause ( e) (w.e.f. 21 -6-2012).
6. Subs. by Act 38 of 1994, s. 14, for section 38 (w.e.f. 1 0-5-1995).
7. Subs. by 49 of 1999, s. 4, for twenty -five years (w.e.f. 15 -1-2000).
8. Omitted by Act 27 of 2012, s. 26 (w.e.f. 21 -6-2012).
9. Ins. by s. 27, ibid. (w.e.f. 21 -6-2012).
28
(iii) communication of it to the public;
(iv) selling or giving it on commercial rental or offer for sale or for commercial r ental any
copy or the recording;
(b) to broadcast or communicate the performance to the public except where the performance is
already broadcast.
(2) Once a performer has, by written agreement, consented to the incorporati on of his performance in
a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment
by the producer of the film of the performers right in the same film:
Provided that, notwithstanding anything contained in this sub -section, the performer shall be entitled
for royalties in case of making of the performances for commercial use.
38B. Moral rights of the performer. The performer of a performance shall, independently of his
right after assignment, either wholly or partially of his right, have the right,
(a) to claim to be identified as the performer of his performance except where omission is
dictated by the manner of the use of the performance; and
(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his
performance that would be prejudicial to his reputation.
Explanation .For the purpose of this clause, it is already clarified that mere removal of any portion
of a performance for the purpose of editing, or to fit th e recording within a limited duration, or any other
modification required for purely technical reasons shall not be deemed to be prejudicial to the
performers reputation. ]
1[39. Acts not infringing broadcast reproduction right or performer s right .No br oadcast
reproduction right or performer's right shal l be deemed to be infringed by
(a) the making of any sound recording or visual recording for the private use of the person
making such recording, or solely for purposes of bona fide teaching or research; or
(b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the
reporting of current events or for bona fide review, teaching or research; or
(c) such other acts, with any necessary adaptations and modifications, which do not constitute
infringement of copyright under section 52.
2[39A. Certain provisions to apply in case of broadcast reproduction right and performers
rights .Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall,
with necessary adaptations and modifications, apply in relation to the broadcast repro duction right in any
broadcast and the performer's right in any performance as they apply in relation to copyright in a work :
Provided that where copyright to performer s right subsists in respect of any work or performance
that has been broadcast, no licence to reproduce such broad cast, shall be given without the consent of the
owner of rights or performer, as t he case may be, or both of them:
Provided further that the broadcast reproduction right or performers right shall not subsist in any
broadcast or performance if that broadcast or performance is an infringement of the copyright in any
work.
(2) The broadcast reproduction right or the performers right shall not a ffect the separate copyright in
any work in respect of which, the broadcast or the performance, as the case may be, is made. ]
CHAPTER IX
INTERNATIONAL COPYRIGHT
40. Power to extend copyright to foreign works .The Central Government may, by order
published in the Official Gazette, direct that all or any provisions of this Act shall apply
1. Subs. by Act 38 of 1994, s. 15, for section 39 (w.e.f. 10 -5-1995).
2. Subs. by Act 27 of 2012, s. 28, for section 39A (w.e.f . 21-6-2012).
29
(a) to work first published in any territory outside India to which the order relates in like manner
as if they were first published within India;
(b) to unpublished works , or any class thereof, the authors whereof were at the time of the making
of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if
the authors were citizens of India;
(c) in respect of domicile in any territo ry outside India to which the order relates in like manner as
if such domicile were in India;
(d) to any work of which the author was at the date of the first publica tion thereof, or, in a case
where the author was dead at that date, was at the time of hi s death, a subject or citizen of a foreign
country to which the order relates in like manner as if the author was a citizen of India at that date or
time;
and thereupon, subject to the provisions of this Chapter and of th e order, this Act shall apply accor dingly :
Provided that
(i) before making an order under this section in respect of any foreign country (other than a
country with which India has entered into a treaty or which is a party to a convention relating to
copyright to which India is also a part y), the Central Government shall be satisfied that that foreign
country has made, or has undertaken to make, such provisions if any, as it appears to the Central
Government expedient to require for the protection in that country of works entitled to copy right
under the provisions of this Act;
(ii) the order may provide that the provisions of this Act shall apply either generally or in relation
to such classes of works or such classes of cases as may be specified in the order;
(iii) the order may provide t hat the term of copyright in India shall not exceed that conferred by
the law of the country to which the order relates 1[but such a term or copyright shall not exceed the
term of copyright provided under this Act] ;
(iv) the order may provide that the enjo yment of the rights conferred by this Act shall be subject
to the accomplishment of such conditions and formalities, if any, as may be prescribed by the order;
(v) in applying the provisions of this Act as to ownership of copyright, the order may make such
exception and modifications as appear necessary, having regard to the law of the foreign country;
(vi) the order may provide that this Act or any part thereof shall not apply to works made before
the commencement of the order or that this Act or any part thereof shall apply to works first
published before the commencement of the order.
2[40A. Power of Central Government to apply Chapter VIII to broadcastin g organisations and
performers in certain other countries .(1) If the Central Government is satisfied that a foreign
country (other than a country with which India has entered into a treaty or which is a party to a
convention relating to rights of broadcastin g organisations and |
country with which India has entered into a treaty or which is a party to a
convention relating to rights of broadcastin g organisations and performers to which India is also a party)
has made or has undertake n to make such provisions, if any, as it appears to the Central Government
expedient to require, for the protection in that foreign country, of the rights of broadcasting organisations
and performers as is available under this Act, it may, by order published in the Official Gazette, direct
that the provisions of Chapter VII I shall apply
(a) to broadcasting organisation whose headquarters is situated in a country to which the order
relates or, the broadcast was transmitted from a transmitted situated in a country to which the order
relates as if the headquarters of such organisation were situated in India or such broadcast were made
from India;
(b) to performances that took place outside India to which the order relates in like manner as if
they took place in India;
1. Ins. by Act 27 of 2012, s. 29 (w.e.f. 21 -6-2012).
2. Ins. by Act 49 of 1999, s. 5 (w.e.f. 15 -1-2000).
30
(c) to performance that are incorporated in a sound recording published in a country to which the
order relates as if it were published in India;
(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the
headquarters o f which is located in a country to which the order relates or where the broadcast is
transmitted from a transmitted which is situated in a country to which the order r elates as if the
headquarters of such organisation were situated in India or such broadca st were made from India.
(2) Every order made under sub -section ( 1) may provide that
(i) the provisions of Chapter VII I, shall apply either generally or in relation to such class or
classes o f broadcasts or performances or such other class o r classes o f cases as may be specified in
the order;
(ii) the term of the rights of broadcasting organisations and performers in India shall not exceed
such term as is conferred by the law of the country to which the order relates;
(iii) the enjoyment of the rights conf erred by Chapter VIII shall be subject to the accomplishment
of such conditions and formalities, if any, as may be specified in that order;
(iv) Chapter VIII of any part thereof shall not apply to broadcast and performances made before
the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts
and performances broadcast or performed before the commencement of the order;
(v) in case of ownership of rights o f broadcasting organisations and performers, the provisions o f
Chapter VII I shall apply with such exceptions and modifications as the Central Government may,
having regard to the law of the foreign country, consider necessary.]
41. Provisions as to works of certain international organisations .(1) Where
(a) any wo rk is made or first publ ished by or under the direction or control of any organisation to
which this section applies, and
(b) there would, apart from this section, be no copyright in the work in India at the time of the
making or, as the case may be, of th e first publication thereof, and
(c) either
(i) the work is published as aforesaid in pursuance of an agreement in that behalf with the
author, being an agreement which does not reserve to the author the copyright, if any, in the
work, or
(ii) under section 17 any copyright in the work would belong to the organisation;
there shall, by virtue of this section, be copyright in the work throughout India.
(2) Any organisation to which this section applies which at the material time had not the legal
capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity
of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection
with all legal proceedings relating to copyright.
(3) The organisations to which this section applies are such organisations as the Central Government
may, by order published in the Official Gazette, declare to be organisations of which one or more
sovereign powers or the Government or Governments thereof are m embers to which it is expedient that
this section shall apply.
42. Power to restrict rights in works of foreign authors first published in India .If it appears to
the Central Government that a foreign country does not give or has not undertaken to give ade quate
protection to the works of Indian authors, the Central Government may, by order published in the Official
Gazette, direct that such of the provisions of this Act as confer copyright on works first published in India
shall not apply to works, publishe d after the date specified in the order, the authors whereof are subjects
or citizens of such foreign country and are not domiciled in India, and thereupon those provisions shall
not apply to such works.
31
1[42A. Power to restrict rights of foreign broadcast ing org anisations and performers. If it
appears to the Central Government that a foreign country does not give or has not undertaken to give
adequate protection to rights of broadcasting organisations or performers, the Central Government may,
by order pub lished in the Official Gazette, direct that such of the provisions of this Act as confer right t o
broadcasting organisations or performers, as the case may be, shall not apply to broadcasting
organisation s or performers whereof are based or incorporated in such foreign country or are subjects or
citizens of such foreign country and are not inc orporated or domiciled in India, and thereupon those
provisions shall not apply to such broadcasting organisations or performers :]
2[Provided that it does not exceed t he period provided under this Act.]
43. Orders under this Chapter to be laid before Parliament .Every order made by the Central
Government under this Chapter shall, as soon as may be after it is made, be laid before both Houses of
Parliament and shall be s ubject to such modifications as Parliament may make during the session in
which it is so laid or the session immediately following.
CHAPTER X
REGISTRATION OF COPYRIGHT
44. Register of Copyrights .There shall be kept at the Copyright Office a register in th e prescribed
form to be called the Register of Copyrights in which may be entered the names or titles of works and the
names and addresses of authors, publishers and owners of copyright and such other particulars as may be
prescribed.
45. Entries in regist er of Copyrights .(1) The author o r publisher of, or the owner of or other
person interested in the copyright in, any work may make an application in the prescribed form
accompanied by the prescribed fee to the Registrar of Copyrights for entering particul ars of the wor k in
the Register of Copyrights :
3[Provided that in respect of an artistic work which is used or is capable of being used in 4[relation to
any goods or services] , the application shall include a statement to that effect and shall be accompani ed
by a certificate from the Registrar of Trade Marks referred to in 5[section 3 of the Trade Marks Act, 1999
(47 of 1999)] , to the effect that no trade mark identical with or deceptively similar to such artistic work
has been registered under that Act in the name of, or that no application has been made under that Act for
such registration by, any person other than the applicant.]
(2) On receipt of an application in respect of any work under sub -section ( 1), the Registrar of
Copyrights may, after holding s uch inquiry as he may deem fit, enter the particulars of the work in the
Register of Copyrights.
46. Indexes .There shall be also kept at the Copyright Office such indexes of the Register of
Copyrights as may be prescribed.
47. Form and inspection of regis ter.The Register of Copyrights and indexes thereof kept under
this Act shall at all reasonable times be open to inspection, and any person shal l be entitled to take copies
of, or make extracts from, such register or indexes on payment of such fee and subj ect to such conditions
as may be prescribed.
48. Register of Copyrights to be prima facie evidence of particulars entered therein .The
Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents
purporting to be c opies of any entries therein, or extracts therefrom, certified by the Registrar of
Copyrights and s ealed with the seal of the Copy right Office shall be admissible in evidence in all courts
without further proof or production of the original.
1. Ins. by Act 49 of 1999, s. 6 (w.e.f. 15 -1-2000).
2. Ins. by Act 27 of 2012, s. 30 (w.e.f. 21 -6-2012).
3. The proviso added by Act 23 of 1983, s. 16 (w.e.f. 9 -8-1984).
4. Subs. by Act 27 of 2012, s. 31, for relation to any good s (w.e.f. 21 -6-2012).
5. Subs. by s. 31, ibid., for section 4 of the Trade and Merchandise Marks Act, 19 58 (43 of 1958) (w.e.f. 21 -6-2012).
32
49. Correctio n of entries in the Register of Copyrights .The Registrar of Copyrights may, in the
prescribed cases and subject to the prescribed conditions, amend or alter the Register of Copyrights by
(a) correcting any error in any name, address or particulars; or
(b) correcting any other error which may have arisen therein by accidental slip or omission.
50. Rectification of Register by 1[Appellate Board ].The 1[Appellate Board ], on application of the
Registrar of Copyrights or of any person aggrieved, shall order th e rectification of the Register of
Copyrights by
(a) the making of any entry wrongly omitted to be made in the register, or
(b) the expunging of any entry wrongly made in, or remaining on, the register, or
(c) the correction of any error or defect in the register.
2[50A. Entries in the Register of Copyrights, etc., to be published .Every entry made in the
Register of Copyrights or the particulars of any work entered under section 45, the correction of every
entry made in such register under section 49, an d every rectification ordered under section 50 , shall be
published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deem
fit.]
CHAPTER XI
INFRINGEMENT OF COPYRIGHT
51. When copyright infringed .Copyright in a work s hall be deemed to be infringed
(a) when any person, without a licence granted by the owner of the copyright or the Registrar of
Copyrights under this Act or in contraven tion of the conditions of a licence so granted or of any
condition imposed by a comp etent authority under this Act
(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of
the copyright, or
3[(ii) permits for profit any place to be used for the communication of the work to the public
where s uch communic ation constitutes an infringement of the copyright in the work, unless he
was not aware and had no reasonable ground for believing that such communi cation to the public
would be an infringement of copyright; or]
(b) when any person
(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for
sale or hire, or
(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially
the owner of the copyright, or
(iii) by way of trade exhibits in pu blic, or
(iv) imports 4*** into India,
any infringing copies of the work :
5[Provided that nothing in sub -clause ( iv) shall apply to the import of one copy of any work for the
private and domestic use of the importer.]
Explanation. For the purpose s of this section, the reproduction of a literary, dramatic, musical or
artistic work in the form of a cinematograph film shall be deemed to be an infringing copy .
52. Certain acts not to be infringement of copyright .(1) The following acts shall not constitute
an infr ingement of copyright, namely,
1. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
2. Ins. by Act 23 of 1983, s. 17 (w.e.f. 9 -8-1984).
3. Subs. by Act 38 of 1994, s. 1 6, for sub -clause ( ii) (w.e.f. 10 -5-1995).
4. The brackets and words (except for the private and domestic use of the importer) omitted by Act 65 of 1984 , s. 3
(w.e.f. 8 -10-1985).
5. Subs. by Act 38 of 1994, s. 1 6, for the proviso (w.e.f. 10 -5-1995).
33
1[(a) a fair dealing with any work, not being a computer programme, for the purpose of
(i) private or personal use, including resea rch;
(ii) criticism or review, whether of that work or of any other work;
(iii) the reporting of current events and current affairs, including the reporting of a lecture
delivered in public;
Explanation .The storing of any work in any electronic medium for the purposes mentioned
in this clause, including the incidental storage of any com puter programme which is not itself in
infringing copy for the said purposes, shall not constitute infringement of copyright. ]
2[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a
copy of such comp uter programme, f rom such copy
(i) in order to utilise the computer programme for the purpose for which it was supplied; or
(ii) to make back -up copies purely as a temporary protection against loss, destruction or
damage in order only to utilise the computer programme for the purpose for which it was
supplied;]
3[(ab) the doing of any act necessary to obtain information essential for operating
inter-operability of an independently created computer programme s with other programmer by a
lawful posses sor of a computer programme provided that such information is not otherwise readily
available ;
(ac) the observation, study or test of functioning of the computer programme in order to
determine the ideas and principles which underline any elements of the p rogramme while
performing such acts necessary for the functions for which the computer programme was supplied;
(ad) the making of copies or adapt ation of the computer programme from a personally legally
obtained copy for non -commercial personal use;]
4[(b) the transient or incidental storage of a work or performance purely in the technical process
of |
mercial personal use;]
4[(b) the transient or incidental storage of a work or performance purely in the technical process
of electronic transmission or communication to the public;
(c) transient or incidental storage of a work or perfo rmance for the purpose of providing
electronic li nks, access or integration, where such links, access or integration has not been expressly
prohibited by the right holder, unless the person responsible is aware or has reasonable grounds f or
believing that such storage is of an infringing copy :
Provided t hat if the person responsible for the storage of the copy has received a written
complaint from the owner of copyright in the work, complaining that such transient or incidental
storage is an infringement, such person responsible for the storage shall refr ain from facilitating such
access for a period of twenty -one days or till he receives an order from the competent court refraining
from facilitation access and in case no such order is received before the expiry of such period of
twenty -one days, he may co ntinue to provide the facility of such access;
(d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a
report of a judicial proceeding ;
(e) the reproduction or publication of any work prepared by the Secretariat o f a Legislature or,
where the legistanure consists of two Houses, by the Secretariat of either House of the Legislature,
exclusively for the use of the members of that Legislature;
(f) the reproduction of any work in a certified copy made or supplied in acc ordance with any law
for the time being in force;
1. Subs. by Act 27 of 2012, s. 32, for clause ( a) (w.e.f. 21 -6-2012).
2. Ins. by Act 38 of 1994, s. 17 (w.e.f. 10 -5-1995).
3. Ins. by Act 49 of 1999, s. 7 (w.e.f. 15 -1-2000).
4. Subs. by Act 27 of 2012, s. 32, for clauses ( b), (c), (d), (e), (f), (g), (h), (i) and ( j) (w.e.f. 21 -6-2012).
34
(g) the reading or recitation in public of reasonable extracts from a published literacy or dramatic
work;
(h) the publication in a collection, mainly composed of non -copyright matter, bona fide intended
for instruction use, and so described in the title and in any advertisement issued by or on behalf of the
publisher, of short passages from published literary or dramatic works, not themselves published for
such use in which copyright subsists:
Provided that not more than two such passages from works by the same author are published by
the same publisher during any period of five years.
Explanation. In the case of a work of joint authorship, reference s in this clause to passages from
works shall include refer ences to passages from works by any one or more of the authors of those
passages or by any one or more of those authors in collaboration with any other person;
(i) the reproduction of any work
(i) by a teacher or a pupil in the course of instruction; or
(ii) as part of the question to be answered in an examination; or
(iii) in answers to such question s;
1[(j) the performance, in the course of the activities of an educational institution, of a literary,
dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a
sound recording if the audience is limited to such staff and students, the parents and guadians of the
students and persons connected with the activities of the institution or the communication to such an
audience of a cinematograph film or sound recording;]
(k) the causing of a recording to be he ard in public by utilising it,
(i) in an enclosed room or hall meant for the common use of residents in any residential
premises (not being a hotel or similar comme rcial establishment) as part of the amenities
provided exclusively or mainly for residents therein; or
(ii) as part of the activities of a club or similar organisation which is not established or
conducted for profit;]
(l) the performance of a literary, dr amatic or musical work by an amateur, club or society, if the
performance is given to a non -paying audience, or for the benefit of a religious institution;
(m) the reproduction in a newspaper, magazine or other periodical of an article on current
economic, political, social or religious topics, unless the author of such article has expressly reserved
to himself the right of such reproduction;
2[(n) the storing of a work in any medium by Electronic means by a non -commercial public
library, for preservation if the library already possesses a non -digital copy of the work ;]
(o) the making of not more than three copies of a book (including a pamphlet, sheet of music,
map, chart or plan) by or under the direction of the person in charge of a 3[non-commercial publi c
library] for the use of the library if such book is not available for sale in India;
(p) the reproduction, for the purpose of research or private study or with a view to publication, of
an unpublished literary, dramatic or musical work kept in a library, museum or other institution to
which the public has access :
Provided that where the identity of the author of any such work or, in the case of a work of joint
authorship, of any of the authors is known to the library, museum or other institution, as the c ase may
be, the provisions of this clause shall apply only if such reproduction is made at a time more than
4[sixty years ] from the date of the death of the author or, in the case of a work of joint authorship,
from the death of the author whose identity i s known or, if the identity of more authors than one is
known from the death of such of those aut hors who dies last;
1. Subs. by Act 38 of 1994, s. 17, for clauses ( j) and ( k) (w.e.f. 10-5-1995).
2. Subs. by Act 27 of 2012, s. 32, for clause ( n) (w.e.f. 21 -6-2012).
3. Subs. by s. 32, ibid., for public library (w.e.f. 21 -6-2012).
4. Subs. by Act 49 of 1999, s. 7, for fifty years (w.e.f. 15 -1-2000).
35
(q) the reproduction or publication of
(i) any matter which has been published in any Official Gazette except an Act of a
Legislature;
(ii) any Act of a Legislature subject to the condition that such Act is reproduced or
published together with any commentary thereon or any other original matter;
(iii) the report of any committee, commission, council, board or other like body appointed
by the Government if such report has been laid on the Table of the Legislature, unless the
reproduction or publication of such report is prohibited by the Government;
(iv) any judgment or order of a court, tribunal or other judicial authority, unless the
repro duction or publication of such judgment or order is prohibited by the court, the tribunal
or other judicial authority, as the case may be;
(r) the production or publication of a translation in any Indian language of an Act of a
Legislature and of any rules or orders made thereunder
(i) if no translation of such Act or rules or orders in that language has been previously
been produced or published by the Government; or
(ii) where a translation of such Act or rules or orders in that language has been produce d
or published by the Government, if the translation is not a vailable for sale to the public :
Provided that such translation contains a statement at a prominent place to the effect that the
translation has not been authorised or accepted as authentic by th e Government;
1[(s) the making or publishing of a painting, drawing, engraving or photograph of a work of
architecture or the display of a work of architecture;]
(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, o r
other artistic work falling under sub -clause ( iii) of clause ( c) of section 2, if such work is permanently
situate in a public place or any premises to which the public has access;
(u) the inclus ion in a cinematograph film of
(i) any artistic work perma nently situate in a public place or any premises to which the public
has access; or
(ii) any other artistic work, if such inclusion is only by way of back ground or is otherwise
incidental to the principal matters represented in the film;
(v) the use by t he author of an artistic work, where the author of such work is not the owner of the
copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the
work :
Provided that he does not thereby repeat or imit ate the main d esign of the work ;
2[(w) the making of a three -dimensional object from a two -dimensional artistic work, such as a
technical drawing, for the purposes of industrial application of any purely functional part of a useful
device;]
(x) the reconstruction of a b uilding or structure in accordance with the architectural drawings or
plans by reference to which the building or struc ture was originally constructed :
Provided that the original construction was made with the consent or licence of the owner of the
copyrig ht in such drawings and plans;
(y) in relation to a literary, 3[dramatic , artistic or] musical work recorded or reproduced in any
cinematograph film, the exhibition of such film after the expiration o f the term of copyright therein :
1. Subs. by Act 38 of 1994, s. 17, for clause ( s) (w.e.f. 9 -8-1995).
2. Subs. by Act 27 of 2012, s. 32, for clause ( w) (w.e.f. 21 -6-2012).
3. Subs. by s. 32, ibid., for dramatic or (w.e.f. 21 -6-2012).
36
Provided that the provi sions of sub -clause ( ii) of clause ( a), sub -clause ( i) of clause ( b) and
clauses ( d), (f), (g), ( m) and ( p) shall not apply as respects any act unless that act is ac companied by
an acknowledgment
(i) identifying the work by its title or other description; and
(ii) unless the work is anonymous or the author of the work has previously agreed or required
that no acknowledgment of his name should be made, also identifying the author;
1[(z) the making of an ephemeral recording, by a broadcasting organisation u sing its own facilities
for its own broadcast by a broadcasting organisa tion of a work whic h it has the right to broadcast ; and
the retention of such recording for archival purposes on the ground of its exceptional documentary
character;
(za) the performa nce of a literary, dramatic or musical work or the communi cation to the public
of such work or of a sound recording in the course of any bona fide religious ceremony or an official
ceremony held by the Central Government or the State Government or any loc al authority.
Explanation .For the purpose of this clause, religious ceremony includes a marriage procession
and other social festivities associated with a marriage ;]
2[(zb) the adaption, reproduction, issue of copies or communication to the public of any work in
any accessible format, by
(i) any person to facilitate persons with disability to access to works including sharing with
any person with disability of such accessible format for private or personal use, educational
purpose or research; or
(ii) any organisation working for the benefit of the persons with disabilities in case the normal
format prevents the enjoyment of such works by such persons:
Provided that the copies of the works in such accessible format are made available to the
persons with di sabilities on a non -profit basis but to recover only the cost of production:
Provided further that the organisation shall ensure that the copies of works in such accessible
format as used only by persons with disabilities and takes reasonable steps to prev ent its entry
into ordinary channels of business.
Explanation .For the purposes of this sub -clause, any organisation includes and organisation
registered under section 12A of the Income -tax Act, 1961 (43 of 1961) and working for the benefit of
persons wi th disability or reorgnised under Chapter X of the Persons with Disabilities (Equal
Opportunities, Protection or Rights and full Participation) Act, 1995 (1 of 199 6) or receiving grants
from the government for facilitationg access to persons with disabili ties or an educational institution
or library or archives recogni sed by the Govern ment;
(zc) the importation of copies of any literary or artistic work, such as labels, company logos or
promotional or explanatory material, that is purely incidental to oth er goods or products being
lawfully. ]
(2) The provisions of sub -section ( 1) shall apply to the doing of any act in relation to the translation of
a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as
they apply in relation to the work itself.
3[52A. Particulars to be included in records and video Films .(1) No person shall publish
a 4[sound recording] in respect of any work unless the following particulars are displayed on the 4[sound
recording] and on any container thereof, namely:
(a) the name and address of the person who has made the record;
1. Ins. by Act 38 of 1994, s. 17 (w.e.f. 9 -8-1995).
2. Ins. by Act 27 of 2012, s. 32 (w.e.f. 21 -6-2012).
3. Ins. by Act 65 of 1984, s. 4 (w.e.f. 8 -10-1984).
4. Subs. by Act 38 of 1994, s. 2, for record (w.e.f. 10 -5-1995).
37
(b) the name and address of the owner of the copyright in such work; and
(c) the year of its first publication.
(2) No person shall publish a video film in respe ct of any work unless the following particulars are
displayed in the video film, when exhibited, and on the video cassette or other container thereof,
namely:
(a) if such work is a cinematograph film required to be certified for exhibition unde r the
provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the
Board of Fil m Certification under section 5 A of that Act in respect of such work;
(b) the name and address of the person who has made the video film and a declaration by him that
he has obtained the necessary |
;
(b) the name and address of the person who has made the video film and a declaration by him that
he has obtained the necessary licence or consent from the owner of the copyright, in such work for
making such video film; and
(c) the name and address of the owner for the copyright in such work.]
52B. [Accounts and audit .] Omitted by the Copyright Act, 2012 (27 of 2012), s. 33 (w.e.f. 21-6-2012).
1[53. Importation of infringing copies .(1) The owner of any right conferred by this act in respect
of any work or any performance embodied in such work, or his duly authori sed agent, may give notice in
writing to be Commissioner of Customs, or to any other officer authori sed in this behalf by the Central
Board of Excise and Customs,
(a) that he is the owner of the said right, with proof thereof, and
(b) that he request s the Commissi oner for a period specified in the notice, which shall not exceed
one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the
work are expected to arrive in India at a time and a place specified in the notice.
(2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being
satisfied may, subject to the provisions of sub -section ( 3), treat infringing copies of the work as prohibited
goods that have been imported into India, exc luding goods in transit:
Provided that owner of the work deposits such amount as the Commissioner may require as security
having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in
case it is found that works are not infringing copies.
(3) When any goods treated as prohibited under sub -section ( 2) have been detained, the Customs
Officer detaining them shall inform the importer as well as the person who gave notice under
sub-section ( 1) of the such goods within forty -eight hours of their detention.
(4) The Customs Officer shall release the goods, and they shall not longer be treated as prohibited
goods, if the person who gave notice under sub -section ( 1) does not produce any order from a court
having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the
date of their detention. ]
2[53A. Resale share right in original copies .(1) In the case of resale for a price exceeding ten
thousand rupees, of the ori ginal copy of a painting, sculpture or drawing, or of the original manuscript of
a literary or dramatic work or musical work, the author of such work if he was the fir st owner of rights
under s ection 17 or his legal heirs shall, notwithstanding any assignm ent of copyright in such work, have
a right to share in the resale price of such original copy or manuscript in accordance with the provisions
of this section :
Provided that such right shall cease to exist on the expiration of the term of copyright in the work.
(2) The share referred to in sub -section ( 1) shall be such as the 3[Appellate Board ] may fix and the
decision of the 3[Appellate Boar d] in this behalf shall be final :
Provided that the 3[Appellate Board ] may fix different share s for different classes of work :
1. Subs. by Act 27 of 2012, s. 34, for section 53 (w.e.f. 21 -6-2012).
2. Ins. by Act 38 of 1994, s. 18 (w.e.f. 10 -5-1995).
3. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
38
Provided further that in no case shall the share exceed ten percent, of the resale price.
(3) If any dispute arises regarding the right conferred by this section, it shall be referred to the
1[Appellate Board ] whose decision shall be final.]
CHA PTER XII
CIVIL REMEDIES
54. Definition .For the purposes of this Chapter, unless the context otherwise requires, the
expression owner of copyright shall include
(a) an exclusive licensee;
(b) in the case of an anonymous or pseudonymous literary, dramati c, musical or artistic work, the
publisher of the work, until the identity of the author or, in the case of an anonymous work of joint
authorship, or a work of joint authorship published under names all of which are pseudonyms, the
identity of any of the a uthors, is disclosed publicly by the author and the publisher or is otherwise
establishment to the satisfaction of the 1[Appellate Board ] by that author or his legal representatives.
55. Civil remedies for infringement of copyright .(1) Where copyright in any work has been
infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all
such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law
for the infringement of a rig ht:
Provided that if the defendant proves that at the date of the infringement he was not aware and had no
reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to
any remedy other than an injunction in r espect of the infringement and a decree for the whole or part of
the profits made by the defendant by the sale of the infringing copies as the court may in the
circumstances deem reasonable.
(2) Where, in the case of a literary, dramatic, musical or artist ic work, 2[or, subject to the provisions
of sub -section ( 3) of section 13, a cinematograph film or sound recording, a name purporting to be that of
the author, or the publisher, as the case may be, of that work, appears] on copies of the work as published,
or, in the case of an artistic work, appeared on the work when it was made, the person whose name so
appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be
presumed, unless the contrary is proved, to be the a uthor or the publisher of the work, as the case may be.
(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in
the discretion of the court.
56. Protection of separate rights .Subject to the provisions of thi s Act, where the several rights
comprising the copyright in any work are owned by different persons, the owner of any such right shall,
to the extent of that right, be entitled to the remedies provided by this Act and may individually enforce
such right by means of any suit, action or other proceeding without making the owner of any other right a
party to such suit, action or proceeding.
57. Author s special right s.3[(1) Independently of the author s copyright and even after the
assignment either wholly or partially of the said copyright, the author of a work shall have the right
(a) to claim authorship of the work; and
(b) to restrain or claim damages in respect of any distortion, mutilation, modi fication or other act
in relation to the said work 4*** if such distortion, mutilation, modi fication or other act would be
prejudic ial to his honour or reputation :
1. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
2. Subs. by Act 27 of 2012, s. 35, for a name purporting to be that of the author or the publisher, as the case may be, appear
(w.e.f. 21 -6-2012).
3. Subs. by Act 38 of 1994, s. 20, for sub-section (1) (w.e.f. 10 -5-1995).
4. The words which is done be fore the expiration of the term of copyright o mitted by Act 27 0f 2012, s. 36 (w.e.f. 21 -6-2012).
39
Provided that the author shall not have any right to restrain or claim damages in respect of any
adaptation of a computer programme to which clause ( aa) of sub -section ( 1) of section 52 applies.
Explanation .Failure to display a work or to display it to the satisfaction of the author shall not be
deemed to be an infringement of the rights conferred by this section.]
(2) The right conferred upon an auth or of a work by sub -section ( 1), 1***, may be exercised by the
legal representatives of the author.
58. Rights of owner against persons possessing or dealing with infringing copies .All infringing
copies of any work in which copyright subsists, and all pla tes used or intended to be used for the
production of such infringing copies, shall be deemed to be the property of the owner of the copyright,
who accordingly may take proceedings for the recovery of possession thereof or in re spect of the
conversion ther eof:
Provided that the owner of the copyright shall not be entitled to any remedy in respect of the
conversion of any infringing copies , if the opponent proves
(a) that he was not aware and had no reasonable ground to believe that copyright subsisted in t he
work of which such copies are alleged to be infringing copies; or
(b) that he had reasonable grounds for believing that such copies or plates do not involve
infringement of the copyright in any work.
59. Restriction on remedies in the case of works of a rchitecture .(1) Not withstanding anything
contained in 2[the Specific Relief Act, 1963 (47 of 1963)], where the construction of a building or other
structure which infringes or which, if completed, would infringe the copyright in some other work has
been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the
construction of such building or structure or to order its demolition.
(2) Nothing in Section 58 shall apply in respect of the construction of a building or other structure
which infringes or which, if completed, would infringe the copyright in some other work.
60. Remedy in the case of groundless threat of legal proceedings .Where any person claiming to
be the owner of copyright in any work, by circulars, ad vertise ments or otherwise, threatens any other
person with any legal proceedings or liability in respect of an alleged infringement of the copyright any
person aggrieved thereby may, notwithstanding anything contained 3[in section 34 of the Specific Relie f
Act, 1963 (47 of 1963)], institute a declaratory suit that the alleged infringe ment to which the threats
related was not in fact an infringement of any legal rights of the person making such threats and may in
any such suit
(a) obtain an injunction aga inst the continuance of such threats; and
(b) recover such damages, if any, as he has sust ained by reason of such threats :
Provided that this section does not apply if the person making such threats, with due diligence,
commences and prosecutes an action f or infringement of the copyright claimed by him.
61. Owner of copyright to be party to the proceeding .(1) In every civil suit or other proceeding
regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall,
unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he
shall have the right to dispute the claim of the exclusive licensee.
(2) Where any civil suit or other proceeding regarding infringement of copyright institu ted by an
exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action
shall lie at the instance of the owner of the copyright.
62. Jurisdiction of court over matters arising under this Chapter .(1) Every suit or other civil
proceeding arising under this Chapter in respect of the infringement of copyright in any work or the
1. The words other than the right to claim authorship of the work omitted by Act 27 of 2012, s. 36 (w.e.f. 21 -6-2012).
2. Subs. by Act 23 of 1983, s. 21, for the Specific Relief Act, 1877 (1 of 1877) (w.e.f. 9 -8-1984).
3. Subs. by s. 22, ibid., for in section 42 the Specific Relief Act, 1877 (1 of 1977) (w.e.f. 9 -8-1984).
40
infringement of any other right conferred by this Act shall be instituted in the district court having
jurisdiction.
(2) For the purpose of sub-section ( 1), a district court having jurisdiction shall, notwithstanding
anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being
in force , include a district court within the local limits of whose juris diction, at the time of the institution
of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more
than one such persons, any of them actually and voluntarily resides or carries on business or personally
works for gain.
CHAPTER XIII
OFFENCES
63. Offences of infringement of copyright or other rights conferred by this Act .Any person
who knowingly infringe s or abets the infringement of
(a) the copyright in a work, or
(b) any other right conferred by this Act 1[except the right conferred by section 53 A],
2[shall be punishable with imprisonment for a term which shall not be less than six months but which
may extend to three years and with fine which shall not be less than fifty thousand rupees but which
may ex tend to two lakh rupees] :
Provided that 1[where the infringement has not been made for gain in the course of trade or business]
the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.]
Explanation .Construction of a building or other structure which infringes or which, if completed,
would infringe the copyright in some other work shall not be an offence under this secti on.
3[63A. Enhanced penalty on second and subsequent convictions .Whoever having already been
convicted of an offence under section 63 is again convicted of any such offence shall be punishable for
the second and for every subsequent offence, with imprison ment for a term which shall not be less |
any such offence shall be punishable for
the second and for every subsequent offence, with imprison ment for a term which shall not be less than
one year but which may extend to three years and with fine which shall not be less than one lakh rupees
but whic h may extend to two lakh rupees :
Provided that 4[where the infringement has not been made for gain in the course of trade or business]
the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than one year or a fi ne of less than one lakh rupees :
Provided further that for the pu rposes of this section, no cognizance shall be taken of any conviction
made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).]
5[63B. Knowing use of infringing copy of computer programme to be an offence .Any person
who knowingly makes use on a computer of an infringing copy of a computer programme shall be
punishable with imprisonment for a term which shall not be less than seven days but which may extend to
three years and with fine which shall not be less than fifty thousand ru pees but whic h may extend to two
lakh rupees :
Provided that where the computer programme has not been used for gain or in the course of trade or
business, the Court may, for adequate and special reasons to be mentioned in the judgment, not impose
any sente nce of imprisonment and may impose a fine which may extend to fifty thousand rupees.]
64. Power of police to seize infringing copies .6[(1) Any police officer, not below the rank of a
sub-inspector, may , if he is satisfied that an offence under section 63 in respect of the infringement of
1. Ins. by Act 38 of 1994, s. 21 (w.e.f. 10 -5-1995).
2. Subs. by Act 65 of 1984, s. 5, for shall be punishable with imprisonment which may extend to one year, or with fine, or with
both (w.e.f. 8 -10-1984).
3. Ins. by Act 65 of 1984, s. 6 (w.e.f. 8 -10-1984).
4. Ins. by Act 38 of 1994, s. 22 (w.e.f. 10 -5-1995).
5. Ins. by s. 23 , ibid. (w.e.f. 10 -5-1995).
6. Subs. by Act 65 of 1984, s. 7, for sub -section ( 1) (w.e.f. 8 -10-1984).
41
copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of
the work, and all the plates used for the purposes of making infringing copies of the work, wherever
found, and all copies and plates so seized shall, as soon as practicable be produced before a Magistrate.]
(2) Any person having an interest in any copies of a work 1[, or plates] seized under sub -section ( 1)
may, within fifteen days of such seizure, make an applicat ion to the Magistrate for such copies 7[, or
plates] being restored to him and the Magistrate, after hearing the applicant and the complainant and
making such further inquiry as may be necessary, shall make such order on the application as he may
deem fit.
65. Possession of plates for purpose of making infringing copies .Any person who knowingly
makes, o r has in his possession, any plate for the purpose of making infringing copies of any work in
which copyright subsists shall be punishable with imprisonment which may extend to 2[two years and
shall also be liable to fine.]
3[65A. Protection of technological measures .(1) Any person who circumvents an effective
technological measures applied for the purpose of protecting any of the rights conferred by this Ac t, with
the intention of infringing such rights, shall be punishable with imprisonment which may extend to two
years and shall also be liable to fine.
(2) Nothing in sub -section ( 1) shall prevent any person from,
(a) doing anything referred to therein for a purpose not expressly prohibited by this Act:
Provided that any person facilitating circumvention by another person of a technological measure
for such a purpose shall maintain a complete record of such other person including his name, address
and all r elevant particulars necessary to identify him and the purpose for which he has been
facilitated ; or
(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted
copy; or
(c) conducting any lawful investigation; or
(d) doing anything necessary for the purpose of testing the security of a computer system or a
computer network with the authori sation of its owner; or
(e) operator; or
(f) doing anything necess ary to circumvent technological measures intended for identificatio n or
surveillance of a user; or
(g) taking measures necessary in the interest of national security.
65B. Protection of Rights Management Information. Any person, who knowingly,
(i) removes or alters any rights management information without authority, o r
(ii) distributes, imports for distribution, broadcasts or communicates to the public, without
authority, copies of any work, or performance knowing that electronic rights management
information has been removed or altered without authority,
shall be pun ishable with imprisonment which may extend to two years and shall also be liable to fine:
Provided that if the rights management information has been t ampered with in any work, the owner of
copyright in such work may also avail of civil remedies provided u nder Chapter XII against the persons
indulging in such acts.]
66. Disposal of infringing copies or plates for purpose of making infringing copies .The Court
trying any offence under this Act may, whether the alleged offender is convicted or not, order that all
copies of the work or all plates in the possession of the alleged offender, which appear to it to be
infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of
the copyright 4[or may make such order as it may deem fit regarding the disposal of such copies of
plates] .
1. Ins. by Act 65 of 1984, s. 7 (w.e.f. 8 -10-1984).
2. Subs. by s. 8, ibid., for one year, or with fine, or with both (w.e.f. 8 -10-1994).
3. Ins. by Act 27 of 2012, s. 37 (w.e.f. 21 -6-2012).
4. Ins. by s. 38, ibid. (w.e.f. 21 -6-2012).
42
67. Penalty for making false entries in register, etc., for producing or tendering false
entries .Any person who,
(a) makes or causes to be made a false entry in the Register of C opyright s kept under this Act, or
(b) makes or causes to be made a writing falsely purporting to be a copy of any entry in such
register, or
(c) produces or tenders or causes to be produced or tendered as evidence any such entry or
writing, knowing the sam e to be false,
shall be punishable with imprisonment which may extend to one year, or with fine, or with both.
68. Penalty for making false statements for the purpose of deceiving or influencing any
authority or officer .Any person who ,
(a) with a view t o deceiving any authority or officer in the execution of the provisions of this Act,
or
(b) with a view to procuring or influencing the doing or omission of anything in relation to this
Act or any matter thereunder,
makes a false statement or representati on knowing the same to be false, shall be punish able with
imprisonment which may extend to one year, or with fine, or with both.
1[68A. Penalty for contravention of section 52A .Any person who publishes a 2[sound recording]
or a video film in contraventio n of the provisions of section 52 A shall be punishable with imprisonment
which may extend to three years and shall also be liable to fine.]
69. Offences by companies .(1) Where any offence under this Act has been committed by a
company, every person who at the time the offence was committed was in charge of, and was responsible
to the company for, the conduct of the business of the company, as well as the company shall be deemed
to be guilty of such offence and shall be liable to be proceeded against and pu nished accordingly :
Provided that nothing contained in this sub -section shall render any person liable to any punishment,
if he proves that the offence was committed without his know ledge or that he exercised all due diligence
to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been
committed by a company, and it is proved that the offence was committed with the consent or connivance
of, or is attributable to any negligen ce on the part of any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation .For the purposes of this section
(a) company means any body corporate and includes a firm or other association of persons; and
(b) director in relation to a firm means a partner in the firm.
70. Cognizance of offences .No Court inferior t o that of 3[a Metropolitan Magistrate or a Judicial
Magistrate of the first class] shall try any offence under this Act.
1. Ins. by Act 65 of 1984, s. 9 (w.e.f. 8 -10-1984).
2. Subs. by Act 38 of 1994, s. 2, for record (w.e.f. 10 -5-1995).
3. Subs. by Act 23 of 1983, s. 22, for a presidency magistrate or a magistrate of the first class (w.e.f. 9 -8-1984).
43
CHAPTER XIV
APPEALS
71. Appeals against certain orders of Magistrate .Any person aggrieved by an order made under
sub-section ( 2) of section 64 or section 66 may, within thirty days of the date of such order appeal to the
Court to which appeals from the court making the order ordinarily lie, and such appellate court may direct
that execution of the order be stayed pending disposal of the appeal.
72. Appeals against orders of Registrar of Copyrights and 1[Appellate Board ].(1) Any person
aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the
date of the order or decision, appeal to the 1[Appellate Board ].
(2) Any person aggrieved by any final decision or order of the 1[Appellate Board ], not being a
decision or order made in an appeal under sub -section ( 1), may, within three months from the date of such
decision or order, appeal to the High Court within whose jurisdiction the appellant actually and
voluntarily resides or carries on busine ss or personally works for gain :
Provided that no such appeal shall lie against a decision of the 1[Appellate Board ] under section 6.
(3) In calculating the period of three months provided for an appeal under this section, the time taken
in granting a certified copy of the order or record of the decision appealed against shall be excluded.
73. Procedure for appeals .The High Court may make rules consistent wit h this Act as to the
procedure to be followed in respect of appeals made to it under section 72.
CHAPTER XV
MISCELLANEOUS
74. Registrar of Copyrights and 1[Appellate Board ] to possess certain powers of civil
courts .The Registrar of Copyrights and the 1[Appellate Board ] shall have the powers of a civil court
when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following
matters, namely,
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) requisitioning any public record or copy thereof from any court or of fice;
(f) any other matter which may be prescribed.
Explanation .For the purpose of enforcing the attendance of witnesses, the local limits of the
jurisdiction of the Registrar of Copyrights or the 1[Appellate Board ], as the case may be, shall be the
limit s of the territory of India.
75. Orders for payment of money passed by Registrar of Copyrights and 1[Appellate Board ] to
be executable as a decree .Every order made by the Registrar of Copyrigh ts or the 1[Appellate Board ]
under this Act for the payment of any money or by the High Court in any appeal against any such order of
the 1[Appellate Board ] shall, on a certificate issued by the Registrar of Copyrights, the 1[Appellate Board ]
or the Registrar of the High Court, as the case may be, be deemed to be a d ecree of a civil court and shall
be executable in the same manner as a decree of such court.
76. Protection of action taken in good faith .No suit or other legal proceeding shall lie against any
person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
77. Certain persons to be public servants .Every officer appointed under this Act and every
member of the 1[Appellate Board ] shall be deemed to be a public servant within the meaning of section 21
of the Indian Penal Code (45 of 1860).
1. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26 -5-2017).
44
78. Power to make rules .(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing po wer, the Central Government
may make rules to provide for all or any o f the following matters, namely :
1[* * * * *];
(b) the form of complaints and applications to be made, and the licences to be granted, under this
Act;
(c) the procedure to be fol lowed in connection with any proceeding before the Registr |
to be granted, under this
Act;
(c) the procedure to be fol lowed in connection with any proceeding before the Registrar of
Copyrights;
2[(cA) the form and manner in which an organisation may apply to the 3[Appellate Board ] for
compulsory licence for disabled and the fee which may accompany such application under
sub-section 31B;
(cB) the manner in which a person making sound recording may give prior notice of his intention
to make sound recording under sub -section ( 2) of section 31C ;
(cC) the register and books of account and the details of existi ng stock which a person making
sound recording may maintain under sub -section ( 5) of section 31C;
(cD) the manner in which prior notice may be given by a broadcasting organisation under
sub-section ( 2) of section 31D;
(cE) the reports and acc ounts which may be maintained under clause ( a), and the inspection of
records and books of account which may be made under clause ( b) or sub -section ( 7) of section 31D ];
4[(ca) the conditions for submission of application under sub -section ( 2) of section 3 3;
(cb) the conditions subject to which a copyright society may be registered under sub -section ( 3)
of section 33;
(cc) the inquiry for cancellation of registration under sub -section ( 4) of section 33;
1[(ccA) the manner in which a copyright society may p ublish its Tariff Scheme under
sub-section ( 1) of section 33A;
(ccB) the fee which is to be paid before filing an appeal to the 3[Appellate Board ] under
sub-section ( 2) of section 33A;
(ccC) the form of application for renewal of registration of a copyright society and the fee which
may accompany such application under sub -section ( 3A) of section 33; ]
(cd) the conditions subject to which the copyright society may accept authorisation under
clause ( a) of sub-section ( 1) of section 34 and the conditions subject to which owners o r rights have
right to withdraw such authorisation under clause ( d) of that sub -section;
(ce) the conditions subject to which a copyright society may issue licences, collect fees and
distribute such fees amongst owners of rights under sub -section ( 3) of section 34; ]
(cf) the manner in which the approval of the owners of rights regarding collection and distribution
of fees, approval for utilisation of any amount collected as fees and t o provide to such owners
information concerning activities in relation to the administration of their rights under sub -section ( 1)
of section 35;
(cg) the returns to be filed by copyright societies to the Registrar of Copyrights under
sub-section ( 1) of section 36;]
1. Clause ( a) omitted by Act 7 of 2017, s. 160 (w.e.f. 26 -5-2017).
2. Ins. by Act 27 of 2012, s. 39 (w.e.f. 21 -6-2012).
3. Subs. by Act 7 of 2017, s.160, for Copyright Bo ard (w.e.f. 26 -5-2017).
4. Ins. by Act 38 of 1994, s. 24 (w.e.f. 10 -5-1995).
45
(d) the manners of determining any royalties payable under this Act, and the security to be taken
for the payment of such royalties;
1[(da) the manner of payment of royalty under clause ( j) of sub -section ( 1) of section 52;
2* * * * *]
(e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered
therein;
(f) the matters in respect of which the Registrar of Copyrights and the 3[ Appellate Board ] shall
have powers of a civil court;
(g) the fees which may be payable under this Act;
(h) the regulation of business of the Copyright Office and of all things by this Act placed under
the direction or control of the Registrar of Copyrights.
4[(3) Every rule made under this section shall be l aid, 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 immedi ately
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 o f no e ffect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
79. Repeals, savings and transitional provisions .(1) The Indian Copyright Act, 1914 (3 of 1914) ,
and the Copyright Act of 1911 passed by the Parliament of the United Kingdom as modified in its
application to India by the Indian Copyright Act, 1914 ( 3 of 1914) , are hereby repealed.
(2) Where any person has, before the commencement of this A ct, taken any action whereby he has
incurred any expenditure or liabilities in connection with the reproduction or performance of any work in
a manner which at the time was lawful or for the purpose of or with a view to the reproduction or
performance of a work at a time when such reproduction or perfor mance would, but for the coming into
force of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or
interests arising from or in connection with such action which are s ubsisting and valuable at the said date,
unless the person who, by virtue of this Act, becomes entitled to restrain such reproduction or
performance, agrees to pay such compensation as, failing agreement , may be determined by the
3[Appellate Board ].
(3) Copyright shall no t subsist by virtue of this Act in any work in which copyright did not subsist
immediately before the commencement of this Act under any Act repealed by sub -section ( 1).
(4) Where copyright subsisted in any work immediately before the comme ncement of this Act, the
rights comprising such copyright shall, as from the date of such commencement, be the rights specified in
section 14 in relation to the class of works to which such work belongs, and where any new rights are
conferred by that sect ion, the owner of such rights shall be
(a) in any case where copyright in the work was wholly assigned before the commencement of
this Act, the assignee or his successor -in-interest;
(b) in any other case, the person who was the first owner of the copyrig ht in the work under any
Act repealed by sub -section ( 1) or his legal representatives.
(5) Except as otherwise provided in this Act, where any person is entitled immediately before the
commencement of this Act to copyright in any work or any right in such copyright or to an interest in any
such right, he shall continue to be entitled to such right or interest for the period for which he would have
been entitled thereto if this Act has not come into force.
(6) Nothing contained in this Act shall be deemed to render any act done before its commencement an
infringement of copyright if that act would not otherwise have constituted such an infringement.
(7) Save as otherwise provided in this section, nothing in this section shall be deemed to affect the
applicati on of the General Clauses Act, 1897 (10 of 1897), with respect to the effect of repeals.
1. Subs. by Act 38 of 1994, s. 24, for sub -clause ( da) (w.e.f. 10 -5-1995).
2. Omitted by Act 27 of 2012, s. 38 (w.e.f. 21 -6-2012).
3. Subs. by Act 7 of 2017, s.160, for Copyrigh t Board (w.e.f. 26 -5-2017).
4. Subs. by Act 23 of 1983, s. 23, for sub -section ( 3) (w.e.f. 9 -8-1984). |
THE BHOPAL GAS LEAK DISASTER (PROCESSING OF CLAIMS) ACT, 1985
ACT NO. 21 OF 1985
[29th March , 1985 .]
An Act to confer certain powers on the Central Government to secure that claims arising out of,
or connected with, the Bhopal gas leak disaster are dealt with speedily, effectively, equitabl y
and to the best advantage of the claimants and for matters incidental thereto.
BE it enacted by Parliament in the Thirty -sixth Year of the Republic of India as follows:
1. Short title and commencement .(1) This Act may be called the Bhopal Gas Leak Disaster
(Processing of Claims) Act, 1985.
(2) It shall be deemed to have come into force on the 20th day of February, 1985.
2. Definitions .In this Act , unless t he context otherwise requires ,
(a) Bhopal gas leak disaster or disaster means the occurrence on the 2nd and 3rd days of
December, 1984 , which involved the release of highly noxious and abnormally dangerous gas from a
plant in Bhopal (being a plant of the Union Carbide India Limited, a subsidiary of the Union Carbide
Corporati on, U.S.A.) and which resulted in loss of life and damage to property on an extensive scale;
(b) claim means
(i) a claim, arising out of , or connected with, the disaster, for compensation or damages for
any loss of life or personal injury which has been , or is likely to be , suffered;
(ii) a claim, arising out of , or connected with , the disaster, for any damage to property which
has been , or is likely to be, sustained;
(iii) a claim for expenses incurred or required to be incurred for containing the disaster or
mitigating or otherwise coping w ith the effects of the disaster ;
(iv) any other claim (including any claim by way of loss of business or employment) arising
out of , or connected with , the disaster;
(c) claimant means a person entitled to make a claim;
(d) Commissioner means the Commissioner appointed under section 6;
(e) person includes the Government;
(f) Scheme means a Scheme framed under section 9.
Explanation .For the purposes of clauses ( b) and ( c), where the death of a person has taken
place as a result of the disaster, the claim for compensation or damages for the death of such person
shall be for the benefit of the spouse, children (including a child in the womb) and other heirs of the
deceased and they shall be deemed to be the claimants in respect thereof.
3. Power of Central Government to represent claimants .(1) Subject to the other provisions of
this Act , the Central Government shall, and shall have the exclusive right to , represent, and act in place of
(whether within or outside India) every person who has made , or is entitled to make , a claim for all
purposes connected with such claim in the same manner and to the same effect as such person.
(2) In particular and without prejudice to the generality of the provisions of sub -section ( 1), the
purpos es referred t o therein include
(a) institution of any suit or other proceeding in or before any court or other authority (whether
within or outside India) or withdrawal of any suc h suit or other proceeding, and
(b) entering into a compromise.
3 (3) The provisions of sub -section ( 1) shall apply also in relation to claims in respect of which suits or
other proceedings have been instituted in or before any court or other authority (whether within or outside
India) before the commencement of this Act:
Provided that in the case of any such suit or other proceeding with respect to any claim pending
immediately before the commencement of this Act in or before any court or other authorit y outside India,
the Central Government shall represent, and act in place of, or along with , such claimant, if such court or
other authority so permits.
4. Claimant s right to be rep resented by a legal practitioner .Notwithstanding anything
contained in section 3, in representing, and acting in place of, any person in relation to any claim, the
Central Government shall have due regard to any matters which such person may require to be urged with
respect to his claim and shall, if such person so desires, p ermit at the expense of such person, a legal
practitioner of his choice to be associated in the conduct of any suit or other proceeding relating to his
claim.
5. Power of Central Government .(1) For the purpose of discharging its functions under this Act,
the Central Government shall have the powers of a civil court while trying a suit under the Code of Civil
Procedure, 1908 (5 of 1908) in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person from any part of India and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which the Central Government may, by notification in the Official Gazette,
specify.
(2) Every notificat ion made under clause ( f) of sub -section ( 1) shal l be laid, as soon as may be af ter 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 succe ssive sessions aforesaid , both Houses agree in
making any modification in the notification or both Houses agree that the notification should not be made ,
the notification shall thereafter have effect only in such modified form or be of no effect, as the ca se may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that notification.
6. Commissioner and other officers and employees .(1) For the purpose of assisting it in
dischar ging its functions under this Act , the Central Government may appoint an officer, to be known as
the Commissioner for the welfare of the victims of the Bhopal gas leak disaster, and such other officers
and employees to assist him as that Government may deem fit.
(2) The Commissioner shall discharge such functions as may be assigned to him by the Scheme.
(3) The Commissioner and such of the officers subordinate to him as may be authorised by the
Central Government by notification in the Offi cial Gazette in this behalf may, for the discharge of their
functions under the Scheme, exercise all or any of the powers which the Central Government may
exercise under section 5.
(4) All officers and authorities of the Government shall act in aid of the Commissioner.
4 1[(5) The Commissioner and the office rs subordinate to him authorised to discharge functions under
the Scheme shall be deemed to be a c ivil court for the purposes of s ection 195 and Chapter XXVI of the
Code of Criminal Procedure, 1973 (2 of 1974).]
7. Power to delegate .The Central Government may, by notification in the Official Gazette ,
delegate, subject to such conditions and limitations as may be specified in the notification, all or any of its
powers under this Act (excepting the power under section 9 to frame a Scheme) to the Government o f
Madhya Pradesh or an officer of the Central Government not below the rank of a Joint Secretary to that
Government or an officer of the Government of Madhya Pradesh not below the rank of a Secretary to that
Gover nment 2[or the Commissioner].
8. Limitation .(1) In computing, under the Limitation Act , 1963 (36 of 1963) or any other law for
the time being in force, the period of limitation for the purpose of instituting a suit or other proceeding for
the enforcement of a claim, any period after the date on which such claim is registered under, and in
accordance with , the provisions of the Scheme shall be excluded.
(2) Nothing in sub -section ( 1) shall apply to any proceedings by way of appeal.
9. Power to frame a Scheme .(1) The Central Government shall, for carrying into effect the
purposes of this Act , frame by notification in the Official Gazette a Scheme as soon as may be after the
commencement of this Act.
(2) In particular and without prejudice to the generality of the provisions of sub -section ( 1), a Scheme
may provide for all or any of the followi ng matt ers, namely:
(a) the registration of the claims under the Scheme and all matters connected with such
registration;
(b) the processing of the claims for securing their enforcement and matters connected therewith;
(c) the maintenance of records and registers in respect of the claims;
(d) the creation of a fund for meeting expenses in connection with the administration of the
Scheme and of the provisions of this Act;
(e) the amounts which the Central Government may, after d ue appropriation made by Parliament
by law in that behalf, credit to the fund referred to in clause (d) and any other amounts which may be
credited to such fund;
(f) the utilisation , by way of disbursal (including apportionment) or otherwise, of any amount s
received in satisfaction of the claims;
(g) the officer (being a judicial officer of a rank not lower than that of a District Judge) who may
make such disbursal or apportionment in the event of a dispute;
(h) the maintenance and audit of accounts with re spect to the amounts referred to in clauses( e)
and ( f);
(i) the functions of the Commissioner and other officers and employees appointed under section
6.
(3) Every Scheme framed under sub -section ( 1) shall be laid, as soon as may be after it is framed,
before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
1. Ins. by Act 24 of 1992, s. 2 (w.e.f. 12 -8-1992) .
2. Ins. by s. 3, ibid. (w.e.f. 12 -8-1992) .
5 modification in the S cheme or both Houses agree that the Scheme should not be framed, the Scheme shall
thereafter have effect only in such modif ied form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that Scheme .
10. Removal of doubts .For the removal of dou bts, it is hereby declared that
(a) any sums paid by the Government to a claimant otherwise than by way of disbursal of the
compensation or damages received as a result of the adjudication or settlement of his claim by a court
or other authority, shall be deemed to be with out prejudice to the adjudication or settlement by such
court or other authority of his claim to receive compensation or damages in satisfaction of his claim
and shall not be taken into account by such court or other authority in determining the amount of
compensation or damages to which he may be entitled in satisfaction of his claim;
(b) in disbursing under the Scheme the amount received by way of compensation or damages in
satisfaction of a claim as a result of the adjudication or settlement of the claim by a court or other
authority, deduction shall be made from such amount of the sums , if any , paid to the claimant by the
Government before the disbursal of such amount.
11. Overriding effect .The provisions of this Act and of any Scheme framed thereunder shall have
effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or
any instrument having effect by virtue of any enactment other than this Act .
12. Repeal and saving .(1) The Bhopal Gas Leak Disaster ( Proces sing of Claims) Ordinance, 1985
(1 of 1985), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under the corresponding provisions of this Act. |
THE INTEREST ACT, 1978
ACT NO. 14 OF 1978
[31st March, 1978.]
An Act to c onsolidate and a mend the law relating to the allowance of i nterest in certain cases .
BE it enacted by Parliament in the Twenty -ninth Year of the Republic of India as follows:
1. Short title, extent and commencement .(1) This Act may be called the Interest Act, 1978.
(2) It extends to the whole of India except the State of Jammu and Kashmir *.
(3) It shall come into force on such date as the Centra l Government may, by notification in the
Official Gazette, appoint.
2. Definitions .In this Act, unless t he context otherwise requires,
(a) court includes a tribunal and an arbitrator;
(b) current rate of interest means the highest of the maximum rate s at which interest may be
paid on different classes of deposits (other than those maintained in savings account or those
maintained by charitable or religious institutions) by different classes of scheduled banks in
accordance with the directions given or issued to banking companies generally by the Reserve Bank
of India under the Banking Regulation Act, 1949 (10 of 1949).
Explanation. In this clause, scheduled bank means a bank, not being a co -operative bank,
transacting any business authorised by the Banking Regulation Act, 1949 (10 of 1949);
(c) debt means by liability for an ascertained sum of money and includes a debt payable in
kind, but does not include a judgment debt;
(d) personal injuries includes any disease and any impairment of a person s physical or mental
condition;
(e) all other words and expressions used herein but not defined and defined in the Reserve Bank
of India Act, 1934 (2 of 1934), shall have the meanings respectively assigned to them in that Act.
3. Power of court to allow interest .(1) In any proceedings for the recovery of any debt or
damages or in any proceedings in which a claim for interest in respect of any debt or damages already
paid is made, the court may, if it thinks fit, allow interest to the person entitle d to the debt or damages or
to the person making such claim, as the case may be, at a rate not exceeding the current rate of interest,
for the whole or part of the fol lowing period, that is to say,
(a) if the proceedings relate to a debt payable by virtue of a written instrument at a certain time,
then, from the date when the debt is payable to the date of institution of the proceedings;
(b) if the proceedings do not relate to any such debt, then, from the date mentioned in this regard
in a written notice given by the person entitled or the person making the claim to the person liable that
interest will be claimed, to the date of institution of the proceedings:
Provided that where the amount of the debt or damages has been repaid before the institution of t he
proceedings , interest shall not be allowed under this section for the period after such repayment.
(2) Where, in any such proceedings as are mentioned in sub -section ( 1),
(a) judgment, order or award is given for a sum which, apart from interest on damages, exceeds
four thousand rupees, and
(b) the sum represents or includes damages in respect of personal injuries to the plaintiff or any
other person, or in respect of a person s death,
then, the power conferred by that sub -section shall be exercised so as to include in that sum interest on
those damages or on such part of them as the court considers appropriate for the whole or part of the
period from the date mentioned in the notice to the date of institution of the proceedings, unless the court
is satisfied that there are special reasons why no interest should be given in respect of those damages.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh .
3
(3) Nothing in this section,
(a) shall apply in relation to
(i) any debt or damages upon which interest is payable as of right, by virtue of any
agreement; or
(ii) any debt or damages upon which payment of interest is barred, by virtue of an express
agreement;
(b) shall affect
(i) the compensation recoverable for the dishonour of a bill of exchange, promissory note or
cheque, as defined in the Negotiable Instruments Ac t, 1881 (26 of 1881); or
(ii) the provisions of rule 2 of Order II of the First Schedule to the Code of Civil Procedure,
1908 (5 of 1908);
(c) shall empower the court to award interest upon interest.
4. Interest payable under certain enactments .(1) Notwit hstanding anything contained in section
3, interest shall be payable in all cases in which it is payable by virtue of any enactment or other rule of
law or usage having the force of law.
(2) Notwithstanding as aforesaid, and without prejudice to the genera lity of the provisions of sub -
section ( 1), the court shall, in each of the following cases, allow interest from the date specified below to
the date of institution of the proceedings at such rate as the court may consider reasonable, unless the
court is sa tisfied that there are special reasons why interest should not be allowed, namely:
(a) where money or other property has been deposited as security for the performance of an
obligation imposed by law or contract, from the date of the deposit;
(b) where th e obligation to pay money or restore any property arises by virtue of a fiduciary
relationship, from the date of the cause of action;
(c) where money or other property is obtained or retained by fraud, from the date of the cause of
action;
(d) where the claim is for dower or maintenance, from the date of the cause of action.
5. Section 34 of the Code of Civil Procedure, 1908 to apply .Nothing in this Act shall affect the
provisions of section 34 of the Code of Civil Procedure, 1908 (5 of 1908).
6. Repeal and saving .(1) As from the commenc ement of this Act, the Interest
Act, 1839 (32 of 1839) and any other law corresponding thereto in force in any State immediately before
such commencement shall stand repealed.
(2) The provi sions of this Act shall not apply to any suit or other legal proceeding pending at the
commencement of this Act and the provisions of the corresponding law applicable immediately before
such commencement shall, notwithstanding the repeal of such law by sub -section ( 1), continue to apply to
such suit or other legal proceeding.
(3) The mention of particular matters in sub -section ( 2) shall not be held to prejudice or affect the
general application of section 6 of the General Clauses Act, 1897 (10 of 1897), wi th regard to the effect of
repeal.
|
THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947
ACT NO. 46 OF 19471
[20th December, 1947 .]
An Act to give effect to the Convection on the Privileges and immunities of the United Nations.
WHEREAS it is expedient to give effect to the Convention on the Privileges and Immunities of the
United Nations, and to enable similar privileges and immunities to be enjoyed by other international
organisations and their representatives and officials;
It is hereby enacted as follows :
1. Short title .This Act may be called the United Nations (Privileges and Immunities) Act, 1947.
2. Conferment on United Nations and its representatives and officers and certain privileges and
immunities .(1) Notwithstanding anything to the country contained in any other law, the provisions set
out in the Schedule to this Act of the Convention on the Privileges and Immunities, adopted by th e
General Assembly of the United Nations on the 13th day of February, 1946, shall have the force of Law
in India.
(2) The Central Government may, from time to time, by notification in the Official Gazette, amend
the Schedule in conformity with any amendmen ts, duly made and adopted, of the provisions of the said
Convention set out therein.
3. Power to confer certain privileges and immunities on other international organisations and
their representatives and officer s.Where in pursuance of any international a greement, convention or
other instrument it is necessary to accord to any international organisation and its representatives and
officers privilege s and immunities in India similar to those contained in the provisions set out in the
Schedule, the Central Government may, by notification in the Official Gazette, declare that the provisions
set out in the schedule shall, subject to such modification, if any it may consider necessary or expedient
for giving effect to the said agreement, convention or other ins trument, apply mutatis mutandis to the
international organisation specified in the notification and its representatives and officers, and thereupon
the said provisions shall apply accordingly and, notwithstanding anything to the contrary contained in any
other law, shall in such application have the force of law in India.
4. Power to make rules .2[(1)] The Central Government may 3[by notification in the Official
Gazette] make rules for carrying out the purposes of this Act.
3[(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions aforesaid, both Houses agree in making any
modification in the rule o r 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
modifi cation o r annulment shall be without prejudice to the validity of anything previously done under
that rule.]
1. This Act has been extended to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule and to the State of
Sikkim (w.e.f. 12 -1-1976) vide notification No. G.S.R. 19(E), dated 12 -1-1976.
2. Section 4 r enumbered as sub -section ( 1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15 -5-1986).
3. Ins. by s. 2, ibid. (w.e.f. 15 -5-1986).
3
THE SCHEDULE
(See sections 2 and 3)
ARTICLE I
JURIDICAL PERSONALITY
SECTION 1. The United Nations shall possess juridical personality.
It shall have the capacity:
(a) to contract;
(b) to acquire and dispose of immovable and movable property;
(c) to institute legal proceedings.
ARTICLE II
PROPERTY , FUNDS AND ASSETS
SECTION 2. The United Nations, its property and assets wherever located and by whomsoever held,
shall enjoy immunity from every form of legal process except in so far as in any particular case it has
expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any
measure of execution.
SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the
United Nations, wherever located and by whomsoever held, shall be immune from search, requisition,
confiscation, expropriation and any other form of interference, whe ther by executive, administrative,
judicial or legislative action.
SECTION 4. The archives of the United Nations, and in general all documents belonging to it or held
it, shall be inviolable wherever located.
SECTION 5. Without being restricted by financia l controls, regulations or moratoria of any kind,
(a) the United Nations shall be free to transfer its funds, gold or currency of any kind and operate
accounts in any currency;
(b) the United Nations shall be free to transfer its funds, gold or currency fr om one country to
another or within any country and to convert any currency held by it into any other currency.
SECTION 6. In exercising its rights under section 5 above, the United Nations shall pay due regard to
any representations made by the Government of any Member in so far as it is considered that effect can
be given to such representations without detriment to the interests of the United Nations.
SECTION 7. The United Nations, its assets, income and other property shall be:
(a) exempt from all direc t taxes; it is understood, however, that the United Nations will not claim
exemption from taxes which are, in fact, no more than charges for public utility services;
(b) exempt from customs duties and prohibitions and restrictions on imports and exports in
respect of articles imported or exported by the United Nations for its official use. It is understood,
however, that articles imported under such exemption will not be sold in the country into which they
were imported except under conditions agreed with t he Government of that country;
(c) exempt from customs duties, prohibitions, and restrictions on imports and exports in respect of
its publications.
SECTION 8. While the United Nations will not , as a general rule, claim exemption from excise duties
and from taxes on the sale of movable and immovable property which form part of the price to be
paid, nevertheless when the United Nations is making important purchase of official for official use of
property on which such duties and taxes have been charged or are chargeable. Members will, whenever
possible, make appropriate administrative arrangements for the remission or return of the amount of duty
or tax.
4
ARTICLE III
FACILITIES IN RESPECT OF COMMUNICATIONS
SECTION 9. The United Nations shall enjoy in the territory of each Member for its official
communications treatment not less than that accorded by the Government of that member to any other
Government including diplomatic mission in the matte r of priorities, rates and taxes on mails, cables,
telegrams, telephotos and telephone and other communications; and press rate for information to the press
and radio. No censorship shall be applied to the official correspondence and other official
communi cations of the United Nations.
SECTION 10. The United Nations shall have the right to use codes and despatch and receive its
corresponds by courier or in bags, which shall have the same immunities and privileges as diplomatic
couriers and bags.
ARTICLE IV
THE REPRESENTATIVE OF MEMBERS
SECTION 11. Representative of Members to the principal and subsidiary organs of the United Nations
and to conferences convened by the United Nations, shall while exercising their functions and during their
journey to and from the place of meeting, enjoy the following privileges and immunities:
(a) immunity from personal arrest or detention and from seizure of their personal baggage, and, in
respect of words spoken or written and all acts done by them in their capacity as repres entatives,
immunity from legal process of every kind;
(b) inviolability for all papers and documents;
(c) the right to use codes and to receive papers or correspondence by courier or in sealed bags;
(d) exemption in respect of themselves and their spouses from immigration restrictions, aliens
registration or national service obligations in the state they are visiting or through which they are
passing in the exercise of their functions;
(e) the same facilities in respect of currency or exchange restrictions as are accorded to
representatives of foreign governments on temporary official missions;
(f) the same immunities and facilities in respect of their personal baggage as are accorded to
diplomatic envoys; and also
(g) such other privileges, immunities and f acilities not inconsistent with foregoing as diplomatic
envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods
imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes.
SECTION 12. In order to secure, for the representatives of Members to the principal and subsidiary
organs of the United Nations and to conferences convened by the United Nations, complete freedom of
speech and independence in the discharge of their duties, th e immunity from legal process in respect of
words spoken or written and all acts done by them in discharging their duties shall continue to be
accorded , notwithstanding that the persons concerned are no longer the representatives of Members.
SECTION 13. Where the incidence of any form of taxation depends upon residence, periods during
which the representatives of Members to the principal and subsidiary organs of the United Nations and to
conference convened by the United Nations are present in a State for the discharge of their duties shall not
considered as period of residence.
SECTION 14. Privileges and immunities are accorded to the representatives of Members not for the
personal benefit of the individuals themselves, but in order to safeguard the indepe ndent exercise of their
functions in connection with the United Nations. Consequently a Member not only has the right but is
under a duty to waive the immunity of its representative in any case where in the opinion of the Member
the immunity would impede t he court of justice, and it can be waived without prejudice to the purpose for
which the immunity is accorded.
5
SECTION 15. The provisions of sections 11, 12 and 13 are not applicable as between a representative
and the authorities of the State of which he is a national or which he is or has been the representative.
SECTION 16. In this article the expression representative shall be deemed to included all delegates,
deputy delegates, advisers, technical experts and secretaries of delegations.
ARTICLE V
OFFICIALS
SECTION 17. The Secretary -General will specify the categories of officials to which the provisions of
this Article and Article VII shall apply. He shall submit these categor ies s to the General Assembly.
Thereafter these categories shall be communic ated to the Governments of all members. The name of the
officials included in these categories shall from time to time be made Known to the Government of
Members.
SECTION 18. Officials of the United Nations shall;
(a) be immune from legal process in respec t of words spoken for written and all acts performed
by them in their official capacity;
(b) be exempt from taxation on the salaries and emoluments paid of them by the United Nations;
(c) be immune from national service obligations;
(d) be immune, together with their spouses and relatives dependent of them, from immigration
restrictions and alien registration;
(e) be accorded the same privileges in respect of exchange facilities as are accorded to the
officials of comparable ranks forming p art of diplomatic missions to the Government concerned;
(f) be given, together with their spouses and relatives dependent on them, the same repatriation
facilities in time of international crisis as diplomatic envoys ;
(g) have the right to import free of d uty their furniture and effects at the time of first taking up
their post in the country in question.
SECTION 19. In addition to the immunities and privileges specified in section 18, the secretary -general
and all Assistant Secretaries -General shall be acc orded in respect of themselves, their spouses and minor
children, the privileges and immunities exemptions and facilities accorded to diplomatic envoys, in
accordance with international law.
SECTION 20. Privileges and immunities are granted to officials in the interests of the United Nations
and not for the personal benefit of the individuals themselves. The Secretary -General shall have the right
and the duty to waive the immunity of any official in any case where, in his opinion , the immunity would
impede the course of justice and can be waived without prejudice to the interests of the United Nations. In
the case of the Secretary -General, the Security Council shall have the right to waive immunity.
SECTION 21. The United Nations shall co -operate at all time s with the appropriate authorities of
Members to facilitate the proper administration of justice, secure the observance of police regulations and
prevent the occurrence of any abuse in connection with the privileges, immunities and facilities
mentioned in this Article.
ARTICLE VI
EXPERTS ON MISSIONS FOR THE UNITED NATIONS
SECTION 22. Experts (other than officials coming within the scope of Article V) performing missions
for the United Nations shall be accorded such privileges and immunities as are necessary for the
independent exercise of their functions during the period of their missions, including the time spent on
journeys in connection with their missions. In particular they shall be accorded:
(a) immunity from personal arrest or detention and from seiz ure of their personal baggage;
(b) in respect of words spoken or written and acts done by them in the course of the performance
of their mission, immunity from legal process of every kind. This immunity from legal process shall
6
continue to be accorded notwithstanding that the persons concerned are no longer employed on
missions for the United Nations;
(c) inviolability for all papers and documents;
(d) for the purpose of their communications with the United Nations, the right to use codes and to
receive papers or correspondence by courier or in sealed bags;
(e) the same facilities in respect of currency or exchange restrictions as are accorded to
representatives of foreign governments on temporary official missions;
(f) the same immunities and facilities in respect of their personal baggage as are accorded to
diplomatic envoys.
SECTION 23. Privileges and immunities are granted to experts in the interests of the United Nations
and not for the personal benefit of the individuals themselves . The Secretary -General shall have the right
and the duty to waive the immunity of any export in any case where, in his opinion, the immunity would
impede the course of justice and it can be waived without prejudice to the interests of the United Nations.
ARTICLE VII
UNITED NATIONS LAISSEZ -PASSER
SECTION 24. The United Nations may issue United Nations Laissez -passer to its officials. These
laissez -passer shall be recognised and accepted as valid travel documents by |
Nations Laissez -passer to its officials. These
laissez -passer shall be recognised and accepted as valid travel documents by the authorities of Members,
taking into account the provisio ns of section 25.
SECTION 25. Applications for visa s (where required) from the holders of United Nations
Laissez -passer, when accompanied by a certificate that they are travelling on the business of the United
Nations, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for
speedy travel.
SECTION 26. Similar facilities to those specified in section 25 shall be accorded to experts and other
persons who, though not the holders of United Nations Laissez -passer, have a certificate that they are
travelling on the business of the United Nations.
SECTION 27. The Secretary -General, Assistant Secretary -General and Directors travelling on United
Nations Laissez -passer on the business of the United Nation s shall be granted the same facilities as are
accorded to diplomatic envoys.
SECTION 28. The provisions of this article may be applied to the comparable officials of speciali sed
agencies if the agreements for relationship made under Article 63 of the chart er so provide.
ARTICLE VIII
SETTLEMENT OF DISPUTES
SECTION 29. The United Nations shall make provisions for appropriate modes of settlement of;
(a) disputes arising out of contracts or other disputes of a private law character to which the
United Nations is a party;
(b) disputes involving any official of the United Nations who by reason of his official position
enjoys immunity, if immunity has not been waived by the Secretary -General.
SECTION 30. All differences arising out of the interpretation or application of the present convention
shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have
recourse to an other mode of settlement. If a difference arises between the United Nations on the one hand
and a Member on the other hand, a request shall be made for an advisory opinion on any legal question
involved in accordance with Article 96 of the Charter and Arti cle 65 of the Statute of the Court. The
opinion given by the Court shall be accepted as decisive by the parties.
|
THE INDUSTRIAL DISPUTES ACT, 1947
ACT NO. 14 OF 19471
[11th March , 1947.]
An Act to make provision for the investigation and settlement of industrial disputes, and for
certain other purposes.
WHEREAS it is expedient to make provision for the investigation and settlement of industrial disputes,
and for certain other purposes here inafter appearing;
It is hereby enacted as follows:
CHAPTER I
PRELIMINARY
1. Short t itle, extent and commencement .(1) This Act may be called the Industrial Disputes Act,
1947.
2[(2) It extends to the whole of India:
3* * * * *]
(3) It shall come into force o n the first day of April, 1947.
2. Definitions .In this Act, unless there is anything repugnant in the subject or context,
(a) appropriate Government means
(i) in relation to any industrial dispute concerning 4*** any industry carried on by or under
the author ity of the Central Government, 5*** or by a railway company 6[or concerning any such
controlled industry as may be specified in this beh alf by the Central Government] 7*** or in
relation to an industri al dispute concerning 8[9[10[11[a Dock Labour Board established under
section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 194 8), or 12[the
Industrial Finance Corporation of India Limited formed and registered under the Companies Act,
1956 (1 of 1956) ], or the Employe es State Insurance Corporation established under section 3 of
the Employees State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted
under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948
(46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under
section 5A and section 5B, respectively, of the Employees Provident Fund and Miscellaneous
Provisions Act, 1952 (19 of 1952), 13***, or the Life Insurance Corporatio n of India established
under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 14[the Oil and
Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956) ], or the
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962 , s. 3 and the schedule (w.e.f. 19 -12-1962) ; to
Pondicherry by Reg. 7 of 1963 (w.e.f. 1 -10-1963); and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and
the Schedule.
2. Subs. by Act 36 of 1956, s. 2, for the sub -section ( 2) (w.e.f. 29 -8-1956).
3. Omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1 -9-1971).
4. Certain words omitted by Act 36 of 1964, s. 2 (w.e.f. 19 -12-1964).
5. The words by the Federal Railway Authority omitted by the A.O. 1948.
6. Ins. by Act 65 of 1951, s. 32.
7. The words operating a Federal Railway omitted by the A.O. 1950.
8. Ins. by Act 47 of 1961, s. 51 and the Second Schedule, Part III (w.e.f. 1 -1-1962).
9. Subs. by Act 36 of 1964, s. 2, for the Deposit Insurance Corporation established (w.e.f. 19 -12-1964).
10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15 -12-1971).
11. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21 -8-1984).
12. Subs. by Act 24 of 1996, s. 2, for the Industrial Finance Corporation of India established under section 3 of the Indust rial
Finance Corporatio n Act, 1948 (15 of 1948) (w.e.f. 11 -10-1995).
13. The words and figures or the Indian Airlines and Air India Corporations established under section 3 of the Air
Corporations Act, 1953 (27 of 1953) by s. 2, ibid. (w.e.f. 11 -10-1995).
14. Subs. by Act 24 of 1996, s. 2, for the Oil and Natural Gas Commission established under section 3 of the Oil and Natural
Gas Commission Act, 1959 (43 of 1959) (w.e.f. 11 -10-1995).
6
Deposit Insurance and Credit Guarantee Corporati on established under section 3 of the Deposit
Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing
Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962),
or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963
(52 of 1963), or the Food Corporation of Ind ia established under section 3 or a Board of
Management established for two or more cont iguous States under section 16 of the Food
Corporat ions Act, 1964 (37 of 1964), or 1[the Airports Authority of India constituted under
section 3 of the Airports Authority of India Act, 1994 (55 of 1994)] , or a Regional Rural Bank
established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export
Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India 2[the
National Housing Bank established under sec tion 3 of the National Housing B ank Act, 1987 (53
of 1987) ], or 3[4[an air transport service, or a banking or an insurance company ], a mine, an oil -
field] 5[, a Cantonment Board,] or a 6[major po rt, any company in which not less than fifty -one
per cent. of the paid -up share capital is held by the Central Government, or any corporation, not
being a corporation referred to in this clause, established by or under any law made by
Parliament, or the Central public sector undertaking, subsidiary companies set u p by the principal
undertaking and autonomous bodies owned or controlled by the Central Government, the Central
Government, and ]
7[(ii) in relation to any other industrial dispute, including the State public sector undertaking,
subsidiary companies set up by the principal undertaking and autonomous bodies owned or
controlled by the State Government, the State Government: Provided that in case of a dispute
between a contractor and the contract labour employed through the contractor in any industrial
establis hment where such dispute first arose, the appropriate Government shall be the Central
Government or the State Government, as the case may be, which has control over such industrial
establishment ;]
6[(aa) arbitrator includes an umpire;]
8[ 9[(aaa)] average pay means the average of t he wages payable to a workman
(i) in the case of monthly paid workman, in the three complete calendar months,
(ii) in the case of weekly paid workm an, in the four complete weeks,
(iii) in the case of daily paid workman, in the twelve full working days,
preceding the date on which the average pay becomes payable if the workman had worked for three
complete calendar months or four complete weeks or twelve full working days, as the case may be, and
where such calculation can not be made, the average pay shall be calculated as the average of the wages
payable to a workman during the period he actually worked;]
10[(b) award means an interim or a final determination of any industrial dispute or of any
question relating thereto b y any Labour Court, Industrial Tribunal or National Industrial Tribunal and
includes an arbitration award made under section 10A;]
11[(bb) banking company means a banking company as defined in section 5 of the Banking
Companies Act, 1949 (10 of 1949), hav ing branches or other establishments in more than one State,
and includes 12[the Export -Import Bank of India ,] 13[the Industrial Re construction Bank of India,]
1. Subs. by Act 24 of 1996, s. 2, for the International Airports Authority of India constituted under section 3 of the International
Airports Authority of India Act, 1971 (48 of 1971) (w.e.f. 11 -10-1995).
2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9 -7-1988).
3. Subs. by Act 54 of 1949, s. 3, for a mine oil -field.
4. Subs. by Act 24 of 1996, s. 2, for a banking or an insurance company (w.e.f. 11 -10-1996).
5. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19 -12-1964).
6. Subs. by Act 24 of 2010, s. 2, for major port, the Central Government, and (w.e.f 15 -9-2010).
7. Subs. by s. 2, ibid., for sub -clause ( ii) (w.e.f. 15 -9-2010).
8. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24 -10-1953).
9. Clause ( aa) re-lettered as clause ( aaa) by Act 36 of 1964, s. 2 (w.e.f. 19 -12-1964).
10. Subs. by Act 36 of 1956, s. 3, for clause ( b) (w.e.f. 10 -3-1957).
11. Subs. by Act 38 of 1959, s. 64 and the third Schedule, Part II, for clause ( bb).
12. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 4 -1-1982).
13. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20 -3-1985).
7
1[2***,] 3[the Small Industries Development Bank of India established under section 3 of the Small
Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of I ndia, the State
Bank of India 4[, a corresponding new bank constituted under section 3 of the Banking Companies
(Acquisition and Transfer of Underta kings) Act, 1970 (5 of 1970) 5[, a corresponding new bank
constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary
Banks) Act, 1959 (38 of 1959);]
(c) Board means a Board of Conciliat ion constituted under this Act;
6[(cc) closure means the permanent closing down of a place of employment or part thereof;]
(d) conciliation officer means a conciliation of ficer appoint ed under this Act;
(e) conciliation proceeding means any proceeding held by a conciliation o fficer or Board under
this Act;
7[(ee) controlled industry means any industry the control of which by the Union has been
declared by any Central Act to be exp edient in the public interest;]
8* * * * *
(f) Court means a Court of Inqu iry constituted under this Act;
(g) employer means ,
(i) in relation to an industry carried on by or under the a uthority of any department of 9[the
Central Government or a State Government], the authority prescribed in this behalf, or where no
authority is prescribed, the head of the departmen t;
(ii) in relation to an industry carried on by or on behalf of a local authority, the chief
execu tive officer of that authority;
10[(gg) executive , in relation to a trade union, means the body, by whatever name called, to
which the management of the affairs of the trade union is entrusted;]
11* * * * *
(i) a person shall be deemed to be independent for the p urpose of his appointment as the
chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial
dispute referred to such Board, Court or Tribunal or with any industry dir ectly affected by such
dispute:
12[Provided that no p erson shall cease to be independent by reason only of the fact that he is a
shareholder of an incorporated company which is connected with, or likely to be affected by, such
industrial dispute; but in such a case, he shall disclose to the appropriate Gover nment the nature and
extent of the share s held by him in such company;]
1. Ins. by Act 18 of 1964, s. 38 and the Second Schedule, Part II (w.e.f. 1 -7-1964).
2. The words the Industrial Development Bank of India omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2 -7-2004).
3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (date to be notified).
4. Subs. by Act 5 of 1970, s. 20, for and any subsidi |
notified).
4. Subs. by Act 5 of 1970, s. 20, for and any subsidiary bank (w.e.f. 19 -7-1969).
5. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15 -4-1980).
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21 -8-1984).
7. Ins. by Act 65 of 1951, s. 32.
8. Omitted by Act 36 of 1964, s. 2 (w.e.f. 19 -12-1964).
9. Subs. by the A.O. 1948, for a Government in British India.
10. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15 -12-1971).
11. Clause ( h) omitted by the A.O. 1950.
12. Ins. by Act 18 of 1952, s. 2.
8
1[(j) industry means any business, trade, undertaking, manufacture or calling of employers and
includes any calling, service, employment, handicraft, or industrial occupation or avocation of
workmen;
(k) industrial dispute means any dispute or difference between employers and employers, or
between employers and workmen, or between workmen and workmen, which is connected with the
employment or non -employment or the terms of e mployment or with the condi tions of labour, of any
person;
2[(ka) industrial establishment or undertaking means an establishment or undertaking in wh ich
any industry is carried on:
Provided that where several activities are carried on in an establishment or undertaking and only
one or some of such activities is or are an industry or in dustries, then,
(a) if any unit of such establishment or undertaking carrying on any activity, being an
industry, is severable from the other unit or units of such establishment or undertaking, such unit
shall be deemed to be a separate industrial establ ishment or undertaking;
(b) if the predominant activity or each of the predominant activities carried on in such
establishment or undertaking or any unit thereof is an industry and the other activity or each of
the other activities carried on in such establishment or undertaking or unit thereof is not severable
from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant
activity or acti vities, the entire establishment or undertaking or, as the case may be, unit thereof
shall be deemed to be an industrial establishment or undertaking;]
3[(kk) insurance company means an insurance company as defined in section 2 of the Insurance
Act, 1938 (4 of 1938), having branches or other establish ments in more than one State;]
1. Clause ( j) shall stand substituted as follows when clause ( c) of section 2 of the Industrial Disputes (Amendment) Act, 1982
(46 of 1982) will come into force:
(j) industry means any systematic activity carried on by co -operation between an employer a nd his workmen
(whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for
the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants o r
wishes which are merely spiritual or religious in nature), whether or not,
(i) any capital has been invested for the purpose of carrying on such activity; or
(ii) such activity is carried on with a motive to make any gain or profit,
and includes
(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of
Employment) Act, 1948 (9 of 1948);
(b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does
not include
(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any
other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is
the predominant one.
Explanation :For the purposes of this sub -clause, agricultural operation does not include any activity carried on in a
plantation as defined in clause ( f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); or
(2) hospita ls or dispensaries; or
(3) educational, scientific, research or training institutions; or
(4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or
philanthropic service; or
(5) khadi or village industr ies; or
(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities
carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or
(7) any domest ic service; or
(8) any activity, being a profession practised by an individual or body of individuals, if the number of persons
employed by the individual or body of individuals in relation to such profession is less than ten; or
(9) any activity, being an activity carried on by a co -operative society or a club or any other like body of individuals, if
the number of persons employed by the co -operative society, club or other like body of individuals in relation to such
activity is less than ten;
2. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21 -8-1984).
3. Ins. by Act 54 of 1949, s. 3.
9
1[(kka) khadi has the meaning assigned to it in clause ( d) of section 2 of the Khadi and Village
Industries Comm ission Act, 1956 (61 of 1956);]
2[3[(kkb)] Labour Court means a Labour Cour t constituted under section 7 ;]
4[(kkk) lay-off (with its grammatical variations and cognate expressions) means the failure,
refusal or inability of an employer on account of shortage of coal, power or raw materials or the
accumulation of stocks or the break -down of machinery 5[or natural calamity or f or any other
connected reason] to give employment to a workman whose name is borne on the muster rolls of his
industrial establishment a nd who has not been retrenched.
Explanation .Every workman whose name is borne on the muster rolls of the industrial
establishment and who presents himself for work at the establishment at the time appointed for the
purpose during normal working hours on any day and is not given employment by the employer
within two hours of his so presenting himself shall be deemed to have been laid -off for that day
within the meaning of this clause:
Provided that if the workman, instead of being given employment at the commencement of any
shift for any day is asked to present himself for the purpose during the second half of the shift for the
day and is given employment then, he sha ll be deemed to have been laid -off only for one -half of that
day:
Provided further that if he is not given any such employment even after so presenting himself, he
shall not be deemed to have been laid -off for th e second half of the shift for the day and shall be
entitled to full basic wages and dearness allowance for that part of the day ;]
(l) lock-out means the 6[temporary closing of a place of employment] , or the suspension of
work, or the refusal by an employer to continue to employ any number of persons employed by him;
7[(la) major port means a major port as defined in clause ( 8) of section 3 of the India n Ports
Act, 1908 (15 of 1908);
(lb) mine mean s a mine as defined in clause ( j) of sub -section ( 1) of section 2 of the Mines Act,
1952 (35 of 1952)];
2[(ll) National Tribunal means a National Industrial Tribunal constituted under section 7B;]
8[(lll) office bearer , in relation to a trade union, includes any member of the executive thereof,
but does not include an auditor;]
(m) prescribed means prescribe d by rules made under this Act;
(n) public utility service means
(i) any railway service 7[or any transport service for the carriage of passe ngers or goods by
air];
8[(ia) any service in, or in connection with the worki ng of, any major port 9[or dock or any
industrial establishment or unit engaged in essential defence services] ;]
(ii) any section of an industrial establishment, on the working of which the safety of the
establishment or the wo rkmen employed therein depends;
(iii) any postal, telegraph or telephone service;
(iv) any industry which supplies power , light or water to the public;
(v) any system of pu blic conservancy or sanitation;
1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21 -8-1984).
2. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10 -3-1957).
3. Clause ( kka) re-lettered as clause ( kkb) by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24 -10-1953).
5. Subs. by Act 46 of 1982, s. 2, for or for any other reason (w.e.f. 21 -8-1984).
6. Subs. by s. 2, ibid., for certain words (w.e.f. 21 -8-1984).
7. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19 -12-1964).
8. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15 -12-1971).
9. Subs. by Act 25 of 2021, s. 17, for or dock (w.e.f. 30 -6-2021).
10
(vi) any industry specified in t he 1[First Schedule] which the appropriate Government may, if
satisfied that public emergency or public interest so requires, by notification in the Official
Gazette, declare to be a public utility service for the purposes of this Act, for such period as may
be specified in the notification:
Provided that the period so specified shall not, in the first instance, exceed six months but
may, by a like noti fication, be extended from time to time, by any period not exceeding six
months, at any one time if in the opinion of the appropriate Government public emergency or
public in terest requires such extension;
(o) railway company means a railway company as defined in section 3 of the Indian Railways
Act, 1890 (9 of 1890);
2[(oo) retrenchment means the termination by the employer of the service of a workman for any
reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does
not include
(a) voluntary retirement of the wor kman; or
(b) retirement of the workman on reaching the age of superannuation if the contract of
employment between the employer and the workman concerned contains a stipulation in that
behalf; or
3[(bb) termination of the service of the workman as a result of the non -renewal of the contract
of employment between the employer and the workman concerned on its expiry or of such
contract being terminated under a stipulation in tha t behalf contained therein; or]
(c) termination of the service of a workman on the g round of co ntinued ill -health;]
4[(p) settlement means a settlement arrived at in the course of conciliation proceeding and
includes a written agreement between the employer and workmen arrived at otherwise than in the
course of conciliation proceeding where such a greement has been signed by the parties thereto in such
manner as may be prescribed and a copy thereof has been sent to 5[an officer authorised in this behalf
by] the appropriate Government and the conciliation officer;]
(q) strike means a cessation of w ork by a body of persons employed in any industry ac ting in
combination or a concern ed refusal, or a refusal under a common understanding, of any number of
persons who are or have been so employed to continue t o work or to accept employment;
6[(qq) trade union means a trade union registered under the Trade Unions Act, 1926
(16 of 1926);]
7[(r) Tribunal means an Industrial Tribunal constituted under section 7A and includes an
Industrial Tribunal constituted before the 10th day of March, 1957, unde r this Act;]
8[(ra) unfair labour practice means any of the practices s pecified in the Fifth Schedule;
(rb) village industries has the meaning assigned to it in clause ( h) of section 2 of the Khadi and
Village Industries Commission Act, 1956 (61 of 19 56);]
9[(rr) wages means all remuneration capable of being expressed in terms of money, which
would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in
respect of his employment or of work done in such employme nt, and i ncludes
1. Subs. by Act 36 of 1964, s. 2 for Schedule (w.e.f. 19 -12-1964).
2. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24 -10-1953).
3. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18 -8-1984).
4. Subs. by Act 36 of 1956, s. 3, for clause ( p) (w.e.f. 7 -10-1956).
5. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1 -12-1965).
6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21 -8-1984).
7. Subs. by Act 18 of 1957, s. 2, for clause ( r) (w.e.f. 10 -3-1957).
8. Ins. by Act 46 of 1982, s. 2 |
10 -3-1957).
8. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21 -8-1984).
9. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24 -10-1953).
11
(i) such allowances (including dearness allowance) as the workman is for the time being
entitled to;
(ii) the value of any house accommodation, or of supply of light, water, medical attendance or
other amenity or of any service or of any concessio nal supply of foodgrains or other articles;
(iii) any travelling concession;
1[(iv) any commission payable on the promotion of sales or business or both;]
but does not include
(a) any bonus;
(b) any contribution paid or payable by the employer to any pension fund or provident fund
or for the benefit of the workman under any l aw for the time being in force;
(c) any gratuity payable on t he termination of his service;]
2[(s) workman means any person (including an apprentice) employed in any industry to do any
manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward,
whether the terms of employment be express or implied, and for the purposes of any proceeding
under this Act in relation to an industrial dispute, includes any such person who has been dismissed,
discharged or retrenched in connection with, or as a consequence of, that disp ute, or whose dismissal,
discha rge or retrenchment has led to that dispute, but doe s not include any such person
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950
(46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or o ther employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding 3[ten thousand
rupees ] per mensem or exercises, either by the nature of the duties attached to the office or by
reason of the powers vested in him, functions mainly of a managerial nature. ]
STATE AMENDMENT
Kerala
Amendment of section 2 .In section 2 of the Industrial Disputes Act, 1947 (Central Act 14 of
1947), in clause (s), for the words clerical or supervisory work the words clerical, supervisory
work or any work for the promotion of sales shall be substituted.
[Vide Kerala Act 12 of 2017, s. 2]
Assam
Amendment of section 2 .In the principal Act, in section 2, in clause (s) , in between the words
or supervisory work and for hire or reward, the words or any work for the promotion of sales,
shall be inserted.
[Vide Assam Act 22 of 200 7, s. 2]
Orissa
Amendment of section 2. In clause(s) of section 2 of the Industrial Disputes Act 1947 (14 of
1947), for the words and comma operational, clerical or supervisory work, the words and commas
sales promotion, operational, clerical or supervisory work or any work for promotion of sales shall be
substituted.
[Vide Orissa Act 5 of 2014 , s. 2]
4[2A. Dismissal, etc., of an individual workman to be deeme d to be an industrial dispute .5[(1)]
Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an
individual workman, any dispute or difference between that workman and his employer connected with,
or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an
1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21 -8-1984).
2. Subs. by s. 2, ibid., for clause ( s) (w.e.f. 21 -8-1984).
3. Subs. by Act 24 of 2010, s. 2, for one thousand six hundred rupees (w.e.f. 15 -9-2010).
4. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1 -12-1965).
5. Section 2A numbered as sub -section ( 1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15 -9-2010).
12
industrial dispute notwithstanding that no other workman nor any union of work men is a party to the
dispute.]
1[(2) Notwithstanding anything contained in section l0, any such workman as is specified in
sub-section ( 1) may, make an application direct to the Labour Court or Tribunal for adjudication of the
dispute referred to therein after the expiry of forty -five days from the date he has made the application to
the Conciliation Officer of the appro priate Government for conciliation of the dispute, and in receipt of
such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the
dispute, as if it were a dispute referred to it by the appropriate Government in ac cordance with the
provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they
apply in relation to an industrial dispute referred to it by the appropriate Government.
(3) The application referred to in sub -section ( 2) shall be made to the Labour Court or Tribunal before
the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of
service as specified in sub -section ( 1).]
STATE AMENDMENT
Andhra Pradesh
In Section 2A, After the existing sub -section (2), t he following sub -section shall be added, namely:
(3) Notwithstanding anything in sub -sections ( 1) and ( 2), no such dispute or difference between
that workman and his employer connected with or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in
conciliation proceeding within a period of three years from the date of such discharge, dismissal,
retrenchment or termination:
Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to
extend the said period of three years when the applicant workman satisfies the Court or Conciliation
Officer that he had sufficient cause for not raising the di spute within the period of three years. .
[Vide Andhra Pradesh 12 of 2015, s . 2]
Union Territory of Jammu and Kashmir and Ladakh
Section 2A .In sub -section (3), for "three years", substitute "one year".
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5 -10-2020) and Vide Union Territory of Ladakh
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated
(23-10-2020).
Meghalaya
Amendment of section 2 (s) of Industrial Disputes Act, 1947 (Central Act No. 14 of 1947). For
the existing clause (s) of section 2 of the Industrial Disputes act, 1947 (Central Act No. 14 of 1947) the
following shall be substituted, namely: --
(S) Workmen means any person (including an apprentice) employed in any industry to do any
manual skilled or unskilled, technical, sales promotion, operational, clerical or supervisory work or
any work for the promotion of sales for hire or r eward, whether the terms of employment be
expressed or implied, and for the purposes of any proceeding under this act in relation to an industrial
1. Ins. by Act 24 of 2010, s. 3 (w.e.f. 15 -9-2010).
13
dispute, includes in connection with, or as a consequence of, that dispute, or whose dismissal,
discharge, or retrenchment has led to that dispute, but does not include any such person:
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act 1950 (46 of 1950), or
the Navy Act, 1957 (62 of 1957); or
(ii) Who is employed in the police service o r as an Officer or other employee of a person; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) Who being employed in a supervisory capacity, draws wages exceeding one thousand six
hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or
by reason of the powers vested in him, functions mainly or a managerial nature.
[Vide Meghalaya Act 5 of 2009, s. 2]
Rajasthan
Amendment of section 2, Central Act No. 14 of 1947. - In the Industrial Disputes Act, 1947
(Central Act No. 14 of 1947), in its application to the State of Rajasthan, hereinafter referred to as the
principal Act, in section 2, -
(a) the existing sub -clause (iii) of clause (g) shall be deleted; and
(b) in clause (s), the existing expression by an employer or by a contractor in relation to the
execution of his contract with such employer shall be deleted.
[Vide Rajasthan Act 21 of 2014, s. 2]
Amendment of section 2A, Central Act No. 14 of 1947. - In section 2A of the principal Act, after
the existing sub -section (3), the following new sub -section shall be added, namely: -
(4) Notwithstanding anything in sub -sections (1), (2) and (3), no such dispute or difference
between that workman and his emplo yer connected with, or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in
conciliation proceeding within a period of three years from the date of such discharg e, dismissal,
retrenchment or termination:
Provided that an authority, as may be specified by the State Government, may consider to extend
the said period of three years when the applicant workman satisfies the authority that he had sufficient
cause for no t raising the dispute within the period of three years..
[Vide Rajasthan Act 21 of 2014, s. 3]
Rajasthan
Amendment of section 2, Central Act XIV of 1947 .-In section 2 of the principal Act ;--
(i) after clause (aa) the following new clauses shall be inserted, namely -
" (aaa) "arbitration proceeding" means -
(i) any proceeding under Chapter III -A of this Act before an arbitrator, or
(ii) any proceeding before an Industrial Tribunal in arbitration;
(aaaa) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration
under the provisions of Chapter III -A of this Act and includes an umpire;"
(ii) in clause (b), for the words, figures and letter "under section 10A", the words,
figures and letter "under Chapter III -A" shall be substitut ed;
(iii) after clause (eee) the following new clause shall be inserted, namely -
"(eeee) "member" means a person who is an ordinary member of a Union
and who has paid a subscription of not less than four annas per month:
Provided that no person shall at an y time be deemed to be a member if his
subscription is in arrears for a period of three months or more next preceding such time;";
14
(iv) in clause (g), after sub -clause (ii), the following sub -clause shall be inserted, namely -
" (iii) where the owner of any industry in the course of or for the purpose of conducting
the industry contracts with any person for the execution by or under the contractor of the
whole or any part of any work which is ordinarily a part of the industry, the owner of the
industry;";
(v) after clause (oo) the following new clauses shall be inserted, namely -
"(ooo) "Registrar" means the person for the time being appointed to be the
Registrar of Unions under this Act and includes in respect of such powers and duties
of the Registrar as may be conferred and imposed on him, an Assistant Registrar of
Unions;
(oooo) "Representative Union" means a Union for the time being registered as a
Representative Union under this Act;";
(vi) after clause (rr), the following new clause shall be inserted, na mely -
"(rrr) "Union" means a Trade Union of employees registered under the Indian
Trade Unions Act, 1926 (Central Act XVI of 1926);"; and
(vii) in clause (s), after the words "employed in any industry", the words "by an employer
or by a contractor in relat ion to the execution of his contract with such employer" shall be
inserted.
[Vide Rajasthan Act 34 of 1958, s. 3]
CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee .(1) In the case of any industrial establishment in which one hundred or more
workmen are employed or have been employed on any day in the preceding twelve months, the
appropriate Government may by general or special order require the employer to constitute in the
prescribed manner a Works Committee consisting of representatives of employe rs and workmen engaged
in the establishment so however that the number of representatives of workmen on the Committee shall
not be less than t he number of representatives of the employer. The representatives of the workmen shall
be chosen in the prescribed manner from among the workmen engaged in the establishment and in
consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926
(16 of 1926).
(2) It shall be the duty of the Works Committee to promote measures for securi ng and preserving
amity and good relations between the employer and workmen and, to that end, to comment upon matters
of their common interest or concern and endeavour to compose any material difference of opin ion in
respect of such matters.
STATE AMENDMENT
Manipur
In section 3 of the Disturbed Areas (Special Cour |
of such matters.
STATE AMENDMENT
Manipur
In section 3 of the Disturbed Areas (Special Courts) Act, 1976, (hereinafter referred to as the
Principal Act): --
(a) in sub -section (1), between the words, communities, and it may, the following words,
brackets and figures shall be inserted, namely
or by reason of extension and indiscriminate armed violence by members of an association
declared as unlawful association under the Unla wful Activities (Prevention) Act, 1967;
(b) in sub -section (2)
(i) In clause (a) of the proviso, t he word and appearing at the end shall be deleted, and the
words, letters and brackets, save in respect of the cases referred to in clause (aa), shall be
inserted in the beginning, and
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(ii) below clause (a) of the pr oviso so amended, the following cla use shall be added,
namely: --
(aa) in respect of extensive and indiscriminate armed violence by members of any
association declared as unlawful association under the Unlawful Activities (Prevention)
Act, 1967, no period commencing from a date earlier than the date of publication of the
notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of
1958) in respect of that area or earlier than two years before the date of publication of the
notification under sub -section (1), sh all be specified therein; and .
[Vide Manipur Act 11 of 1982, s. 2]
Rajasthan
Insertion of new section 3A, in Central Act XIV of 1947. -After section 3 of the principal Act, the
following new section shall be inserted, namely -
"3A. Registrar and Assistant Registrar .-(1) The State Government shall, by notification in the
Official Gazette, appoint a person to be the Registrar of Unions for the purpose of this Act for the
whole of the State.
(2) The State Government may, by similar notification, appoint a pers on to be the Assistant
Registrar of Unions for any local area and may, by general or special order, confer on such person all
or any of the powers of the Registrar of Unions under this Act."
[Vide Rajasthan Act 34 of 1958, s. 4]
Insertion of new Chapter II -B in Central Act XIV of 1947. - After section 9B of the principal Act,
the following new Chapter shall be inserted, namely: -
"CHAPTER II -B
Registration of Unions.
9C. Maintenance of register .-It shall be the duty of the Registrar to maintain in such form a s may be
prescribed a register of Unions registered by him under the provisions of this Act.
9D. Application for Registration .-Any Union which has for the whole of the period of three months
next preceding the date of its so applying under this section a m embership of not less than fifteen per cent.
of the total number of workmen employed in unit of an industry may apply in the prescribed form to the
Registrar for registration as a Representative Union.
9E. Registration of Union .-On receipt of an application from a Union for registration under section
9D and on payment of the fee prescribed, the Registrar shall, if, after holding such inquiry as he deems fit,
he comes to the conclusion that the conditions requisite for registrati on specified in the said section are
satisfied and that the Union is not otherwise disqualified for registration, enter the name of the Union in
the appropriate register maintained under section 9C and issue a certificate of registration in such form as
may be prescribed:
Provided that -
(i) where two or more Unions fulfilling the conditions necessary for registration under this
Act apply for registration in respect of the same unit of an industry, the Union having the largest
membership of employees employe d in the unit of the industry shall be registered; and
(ii) the Registrar shall not register any Union if he is satisfied that the application for its
registration is not made bona fide in the interest of the workmen but is made in the interest of the
empl oyers t o the prejudice of the interest of the workmen.
9F. Cancellation of registration .-The Registrar shall cancel the registration of a Union -
(a) if, after holding such inquiry, if any, as he deems fit he is satisfied -
(i) that it was registered under mistake, misrepresentation or fraud; or
(ii) that the membership of the Union has for a continuous period of three months
fallen below the minimum required under section 9D for its registration:
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Provided that where a strike or a closure not being an illegal strike or closure
under this Act in a unit of industry involving more than one -third of the workmen in the
unit of the industry has extended to a period exceeding fourteen days in any calendar
month, such month shall be excluded in computing the sa id period of three months:
Provided further that the registration of a Union shall not be cancelled under the
provisions of this sub -clause unless its membership at the time of the cancellation is less
than such minimum; or
(iii) that the registered Union is being conducted not bona fide in the interests of
workmen but in the interests of employers to the prejudice of the interests of workmen; or
(iv) that it has instigated, aided or assisted the commencement or continuance of
an illegal strike;
(b) if its registration under the Indian Trade Unions Act, 1926 (Central Act XVI of 1926)
is cancelled.
9G. Registration of another Union in place of existing registered Union .-(1) If at any time any
Union (hereinafter in this section referred to as "applicant Union" ) makes an application to the Registrar
for being registered in place of the Union (hereinafter in this section referred to as "representative Union")
for a unit of an industry on the ground that it has a larger membership of workmen employed in such unit
of the industry, the Registrar shall call upon the representative Union by a notice in writing to show cause
within one month of the receipt of such notice why the applicant Union should not be registered in its
place. An application made under this sub -section shall be accompanied by such fee as may be prescribed.
(2) The Registrar shall forward to the Labour Commissioner of the State Government a copy of the
said application and notice.
(3) If, on the expiry of the period of notice under sub -section (1) and after holding such inquiry as he
deems fit, the Registrar comes to the conclusion that the applicant Union complies with the conditions
necessary for registration specified in section 9D and that its membership was during the whole of the
period of thr ee months immediately preceding the date of the application under this section larger than the
membership of the representative Union, he shall, subject to the provisions of section 9D, register the
applicant Union in place of the representative Union.
(4) Every application made under this section shall be published in the prescribed manner not less
than fourteen days before the expiry of the period of notice under sub -section (1).
9H. Application for re -registration .-(1) Any Union the registration of which has been cancelled on
the ground that it was registered under a mistake or on the ground specified in sub -clause (ii) of clause (a)
of section 9F may, at any time after three months from the date of such cancellation and on payment of
such fees as may be prescribed, apply for re -registration. The provisions of sections 9D and 9E shall
apply in respect of such application.
(2) A Union the registration of which has been cancelled on any other ground shall, not, save with the
permission of the State Governmen t, be entitled to apply for re -registration.
9I. Appeal to Industrial Tribunal from order of Registrar .-(1) Any party to a proceeding before,
the Registrar may, within thirty days from the date of an order passed by the Registrar under this Chapter,
appeal against such order to the Industrial Tribunal:
Provided that the Industrial Tribunal may, for sufficient reason, admit any appeal made after the
expiry of such period.
(2) The Industrial Tribunal may admit an appeal under sub -section (1) if on a perusal of the
memorandum of appeal and the decision appealed against it finds that the decision is contrary to law or
otherwise erroneous.
(3) The Industrial Tribunal in appeal, may confirm, modify or rescind any order passed by the
Registrar and may pass such co nsequential orders as it may deem fit. A copy of the orders passed by the
Industrial Tribunal, shall be sent to the Registrar.
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9J. Publication of orders .-Every order passed under section 9E or section 9F or section 9G and
every order passed in appeal under section 9I shall be published in the prescribed manner."
[Vide Rajasthan Act 34 of 1958, s. 5]
4. Conciliation officers .(1) The appropriate Government may, by notification in the Official Gazette, appoint
such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and
promoting the set tlement of industrial disputes.
(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or
for one or more specified industries and either permanently or for a limited period.
5. Board of Conciliation .(1) The appropriate Government may as occasion arises by notification in the
Official Gazette constitute a Board of Conciliation for promoting the settlement of an industr ial disp ute.
(2) A Board shall consist of a chairman and two or four other members, as the app ropriate Government thinks
fit.
(3) The chairman shall be an independent person and the other members shall be persons appointed in equal
numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on
the recommendation of that party:
Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the
appropriate Government sha ll appoint such persons as it thin ks fit to represent that party.
(4) A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its
member s or any vacancy in its number:
Provided that if the appropriate Government notifies the Board that the services of the chairman or of any other
member have ceased to be available, the Board shall not act until a new chairman or member, as the c ase may be,
has been appointed.
6. Courts of Inquiry .(1) The appropriate Government m ay as occasion arises by notification in the Official
Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevan t to an
industrial dispute.
(2) A Court may consist of one independent person or of such numb er of independent persons as the appropriate
Government may think fit and where a Court consists of two or more members, one of them shal l be appointed as
the chairman.
(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the c hairman or any of its
member s or any vacancy in its number:
Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to
be available, the Court shall not act until a new chairman has b een appointed.
1[7. Labour Courts .(1) The appropriate Government may, by notification in the Official Gazette, constitute
one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second
Schedule and for performing such ot her functions as may be a ssigned to them under this Act.
(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding of ficer of a Labour Court, unle ss
2[(a) he is, or has be en, a Judge of a High Court; or
(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or
3* * * * *
4[(d)] he has held any judicial office in India fo r not less than seven years; or
4[(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Ac t
for not less than five years.
5[(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of th e State
Labour Department, having a degree in law and at least seven years' experience in the labour department
including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed
unless he resigns from the service ofthe Central Government or State Government, as the case may be, before being
appointed as the presiding officer; or
(g) he is an officer of Indian Legal Service in Grade Ili with three years' experie nce in the grade.]
1. Subs. by Act 36 of 1956, s. 4, for section 7 (w.e.f. 10 -3-1957).
2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19 -12-1964).
3. Clause ( c) omitted by Act 46 of 1982, s. 3 (w.e.f. 21 -8-1984).
4. Clauses ( a) and ( b) re-lettered as ( d) and ( e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19 -12-1964).
5. Ins. by Act 24 of 2010, s. 4 (w.e.f. 15 -9-2010).
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7A. Tribunals .(1) The appropriate Government may, by notification in the Official Gazette,
constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any
matter, whether specified in the Second S chedule or the Third Schedule 1[and for performing such other
functions as may be as signed to them under this Act].
2[(1A) The Industrial Tribunal constituted by the Central Government under sub -section ( 1) shall also
exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the
jurisdiction, powers and authority conferred on the Tribunal referred to in section 7D of the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).]
(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless
(a) he is, or has be en, a Judge of a High Court; or
3[(aa) he has, for a period of not less than three years, been a District Judge o r an Additional
District Judge; 4***]
5[(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the
State Labour Department,, having a degree in law and at least seven years' experience in the labour
department including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall
be appointed unless he resigns from the service |
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall
be appointed unless he resigns from the service of the Central Government or State Government, as the
case may be, before being appointed as the presiding officer; or
(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade. ]
6* * * * *
(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the
Tribun al in the proceeding before it.
STATE AMENDMENT
Karnataka
Amendment of section 7A .In sub -section ( 3) of section 7A of the Industrial Disputes Act, 1947 (Central Act
14 of 1947) (hereinafter referred to as the principal Act), after clause ( a), the following cla use shall be inserted,
namely:
(aa) he is, or has been a District Judge, or
[Vide Karnataka Act 6 of 1963, s. 2]
Amendment of section 7A .In clause ( aa) of sub -section ( 3) of section 7A of the Industrial
Disputes Act, 1947 (Central Act 14 of 1947), as inserted by the Industrial Disputes (Karnataka
Amendment) Act, 1962 (Karnataka Act 6 of 1963), after the words distr ict Judge the words for a
period of not less than three years, shall be inserted.
[Vide Karnataka Act 35 of 1963, s. 2]
Kerala
Amendment of Section 7A .In sub -section ( 3) of section 7A of the Industrial Disputes Act, 1947
(Central Act 14 of 1947) for clause ( a), the following clause shall be substituted, namely: --
(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for
appointment as a Judge of a High Court; or .
1. Ins. by Act 46 of 1982, s. 4 (w.e.f. 21 -8-1984).
2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26 -5-2017).
3. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19 -12-1964).
4. The word or omitted by Act 46 of 1982, s. 4 (w.e.f. 21 -8-1984).
5. Ins. by Act 24 of 2010, s. 5 (w.e.f. 15 -9-2010).
6. Clause ( b) omitted by Act 46 of 1982 , s. 4 (w.e.f. 21 -8-1984).
19
[Vide Kerala Act 28 of 1961, s. 2]
Orissa
Amendment of section 7A (Act 14 of 1947) .In sub -section (3) of section 7 -A of the Industrial
Disputes Act, 1947 (14 of 1947), after clause ( a), the following new clause shall be inserted, namely: -
(aa) he has been a member of the Orissa Superior Judicia l Service for a period of not less than seven
years.
[Vide Orissa Act 6 of 1960, s. 2]
7B. National Tribunals .(1) The Central Government may, by notification in the Official Gazette,
constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in
the opinion of the Central Government, involve questions of national importance or are of such a nature
that industrial establishments situated in more than one State are likely to be interested in, or affected by,
such disputes.
(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the presiding o fficer of a National Tribunal
1[unless he is, or has been, a Judge of a High Court].
(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the
National Tribunal in the proceeding before it.
7C. Disqualifications for the presiding officers of Labour Courts, Tr ibunals and National
Tribunals. No person shall be appointed to, or continue in, the office of the presiding officer of a
Labour Court, Trib unal or National Tribunal, if
(a) he i s not an independent person; or
(b) he has attaine d the age of sixty -five years.]
2[7D. Qualifications, terms and conditions of service of Presiding Officer .Notwithstanding
anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances,
resignation and removal and other terms and conditions of s ervice of the Presiding Officer of the
Industrial Tribunal appointed by the Central Government under sub -section ( 1) of section 7A, shall, after
the commencement of 3[the Tribunal s Reforms Act, 2021, be governed by the provisions of Chapter II of
the said Act]:
Provided that the Presiding Officer appointed before the commencement of Part XIV of Chapter
VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules
made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.]
4[8. Filling of vacancies .If, for any reason a vacancy (other than a temporary absence) occurs in
the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of t he
chairman or any other member of a Board or Court, then, in the case of a National Tribunal, the Central
Government and in any other case, the appropriate Government, shall appoint another person in
accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued
before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage
at which the vacancy is filled.
9. Finality of or ders constituting Boards, etc .(1) No order of the appropriate Government or of
the Central Government appointing any person as the chairman or any other member of a Board or Court
or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in question in
any manner; and no act or proceeding before any Board or Court shall be called in question in any manner
1. Subs. by Act 46 of 1982 , s. 5, for certain words (w.e.f. 21 -8-1984).
2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26 -5-2017).
3. Subs. by Act 33 of 2021, s. 8, for Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be governed by the provis ions
of section 184 of that Act (w.e.f. 4-4-2021).
4. Subs. by Act 36 of 1956, s. 5, for sections 8 and 9 (w.e.f. 10 -3-1957).
20
on the ground merely of the existence of any vacancy in, or defect in the consti tution of, such Board or
Court.
(2) No settlement arrived at in the cou rse of a conciliation proceeding shall be invalid by reason only
of the fact that such settlement was arrived at after the expiry of the period referred to in sub -section ( 6)
of section 12 or sub -section ( 5) of section 13, as the case may be.
(3) Where the report of any settlement arrived at in the course of conciliation proceeding before a
Board is signed by the chairman and all the other members of the Board, no such settlement shall be
invalid by reason only of the casual or unforeseen absence of any of the members (including the
chairman) of the Board during any stage of the proceeding.]
1[CHAPTER IIA
NOTICE OF CHANGE
9A. Notice of change .No employer, who proposes to effect any change in the conditions of service
applicable to any workman in respect of any matter specified in the Fourth Schedu le, shall effect such
change,
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed
manner of the nature of the cha nge proposed to be effected; or
(b) within twenty -one d ays of giving such notice:
Provided that no notice shall be required for effecting any suc h change
(a) where the change is effected in pursuance of any 2[settlement or award]; or
(b) where the workmen likely to be affected by the change are persons to who m the Fundamental
and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services
(Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence
Services (Classification, Control and Appea l) Rules or the Indian Railway Establishment Code or any
other rules or regulations that may be notified in this behalf by the appropriate Government in the
Official Gazette, apply.
9B. Power of Government to exempt .Where the appropriate Government is of opinion that the
application of the provisions of section 9A to any class of industrial establishments or to any class of
workmen employed in any industrial establishment affect the employers in relation thereto so
prejudicially that such application may cause serious repercussion on the industry concerned and that
public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct
that the provisions of the said section shall not apply or shall apply, subject to su ch conditions as may be
specified in the notification, to that class of industrial establishments or to that class of workmen
employed in any industrial establishment.]
3[CHAPTER IIB
GRIEVANCE REDRESSAL MACHINERY
9C. Setting up of Grievance Redressal Machinery. (1) Every industrial establishment
employing twenty or more workmen shall have one or more Grievance Redressal Committee for the
resolution of disputes arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist of equal number of members from the
employer and the workmen.
(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and
from among the workmen alternatively on rotation basis every year.
(4) The total number of members o f the Grievance Redressal Committee shall not exceed more than
six:
Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal
Committee has two members and in case the number of members are more than two, the number o f women
members may be increased proportionately.
(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal
Committee shall not affect the right of the workman to raise industrial dispute on the same matter under
the pro visions of this Act.
1. Ins. by Act 36 of 1956, s. 6 (w.e.f. 10 -3-1957).
2. Subs. by Act 24 of 2010, s. 6, for Chapter IIB (w.e.f. 15 -9-2010).
3. Ins. by Act 46 of 1982 , s. 7 (w.e.f. 21-8-1984).
21
(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt
of a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved of the decision of the Grievance Redress al Committee may
prefer an appeal to the employer against the decision of Grievance Redressal Committee and the
employer shall, within one month from the date of receipt of such appeal, dispose off the same and send
a copy of his decision to the workman co ncerned.
(8) Nothing contained in this section shall apply to the workmen for whom there is an established
Grievance Redressal Mechanism in the establishment .]
Rajasthan
Amendment of section 9D, Central Act 14 of 1947. -In the Indus trial Disputes Act, 1947 (Central
Act 14 of 1947), as amended by the Indus trial Disputes (Rajasthan Amendment) Act, 1958 (Rajasthan
Act 34 of 1958), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in
section 9D, for the words "three mo nths next preceding the date of its so applying", the words "at least
three months during the period of six months immediately preceding the calendar month in which it so
applies" shall be substituted.
[Vide Rajasthan Act 14 of 1970, s. 2]
Amendment of section 9E, Central Act 14 of 1947. -In section 9E of the principal Act, the existing
section shall be numbered as sub section (1) and after sub -section (1) so re -numbered, the following new
sub-section shall be inserted, namely: -
"(2) Once a union has been registered as a representative union under this Act, the registration of the
union shall be held valid for a period of two years from the date of its registration and shall continue to
hold valid unless the registration is cancelled under section 9F o f this Act or another union is registered in
its place according to section 9G of this Act ."
[Vide Rajasthan Act 14 of 1970, s. 3]
Amendment of section 9F, Central Act 14 of 1947. -In sub -clause (ii) of clause (a) of section 9F of
the principal Act, after t he words "conti nuous period of three months", the words "at any time after two
years from the date of its registration" shall be inserted.
[Vide Rajasthan Act 14 of 1970, s. 4]
Amendment of Chapter II -B, Central Act No.14 of 1947. - Chapter II -B of the pri ncipal Act, as
inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as
CHAPTER IIC .
[Vide Rajasthan Act 21 of 2014, s. 4]
Amendment of section 9G, Central Act 14 of 1947. -In section 9G of the principal Act -
(a) in sub -section (1)
(i) the words "at any time", occurring after the word "If" shall be deleted; and
(ii) after the words "for a unit of an industry", the words "at any time after a lapse of two |
be deleted; and
(ii) after the words "for a unit of an industry", the words "at any time after a lapse of two
years from the date of regis tration of the representative union" shall be inserted; and
(b) in sub -section (3), for the words "three months immediately preceding the date of the
application", the words "at least three months during the period of six months immediately preceding
the calendar month in which it so applied" shall be substituted .
[Vide Rajasthan Act 14 of 1970, s. 5]
Amendment of section 9C, Central Act No. 14 of 1947. - Section 9C of the principal Act, as inserted by
the Rajasthan Act No. 34 of 1958, shall be renumbered as 9CC .
[Vide Rajasthan Act 21 of 2014, s. 5]
Amendment of section 9D, Central Act No. 14 of 1947. - In section 9D of the principal Act, as inserted
by the Rajasthan Act No. 34 of 1958, the existing expression fifteen per cent shall be substituted by the
expression thirty per cent.
[Vide Rajasthan Act 21 of 2014, s. 6]
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CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
10. Reference of disputes t o Boards, Courts or Tribunals .(1) 1[Where the appropriate Government is
of opinion that any industrial dispute exists or is apprehended, it may at an y time], by order in writing,
(a) refer the dispute to a Board for pro moting a settlement thereof; or
(b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or
2[(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it
relates to any matter specified in the Second Schedule, to a Labour Court for adjudication ; or
(d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whethe r
it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for
adjudication:
Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to
affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference
to a Labour Court under clause ( c):]
3[Provided further that] where the dispute relates to a public utility service and a notice under section 22
has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or
vexatiously given or that it would be i nexpedient so to do, make a reference under this
sub-section notwithstanding that any other proc eedings under this Act in respect of the dispute may have
commenced:
4[Provided also that where the dispute in relation to which the Central Government is the appropriate
Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial
Tribunal, as the case may be, consti tuted by the State Government. ]
5[(1A) Where the Central Government is of opinion that any industrial dispute exists or is
apprehended and the dispute involves any question of national importance or is of such a nature that
industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute
and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not
it is the appropriate Government in relation to that dispute, at any time, by order in wri ting, refer the dispute or any
matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the
Second Schedule or the Third Schedule, to a National Tribunal for adjudication.]
(2) Where the parties to a n industrial dispute apply in the prescribed manner, whether jointly or separately, for a
reference of the dispute to a Board, Court , 6[Labo ur Court, Tribunal or National Tribunal], the appropriate
Government, if satisfied that the persons applying represe nt the majority of each party, shall make the
reference accordingly.
7[(2A) An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under
this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall
submit its award on such dispute to the appropriate Government:
Provided that where such industrial dispute is connected with an individual workman, no such pe riod
shall exceed three months:
Provided further that where the parties to an industrial dispute apply in the prescribed manner,
whether jointly or separately, to the Labour Court, Tribunal or National Tribunal for extension of such
period or for any other reason, and the presiding officer of such Labour Cou rt, Tribunal or National
Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in
writing, extend such period by such furt her period as he may think fit:
Provided also that in computing an y period specified i n this sub -section, the period, if any, for which
the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction
or order of a Civil Court shall be excluded:
1. Subs. by Act 18 of 1952, s. 3, for If any industrial dispute exists or is apprehended, the appropriate Government may.
2. Subs. by Act 36 of 1956, s. 7, for clause ( c) (w.e.f. 10 -3-1957).
3. Subs. by s. 7, ibid., for Provided that (w.e.f. 10 -3-1957).
4. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21 -8-1984).
5. Ins. by Act 36 of 1956, s. 7 (w.e.f. 10 -3-1957).
6. Subs. by Act 36 of 1956, s. 7, for or Tribunal (w.e.f. 10 -3-1957).
7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21 -8-1984).
23
Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse
merely on the ground that any period specified under this sub -section had expired without suc h
proceedings being completed.]
(3) Where an industrial dispute has been referred to a Board, 1[Labour Court, Tribunal o r National
Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any
strike or lock -out in connection with such dispute which may be in existence on the date of the reference.
1[(4) Where in an order referring an industrial dispute to 2[a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points
of dispute for adjudication, 3[the Labour Court or the Tribunal or the National Tribunal, as the case may
be], shall confine its adjudication to those points and matters incidental thereto.
(5) Where a dispute concerning any establishment or establishments has bee n, or is to be, referred to a
4[Labour Court, Tribunal or National Tribunal] under this section and the appropriate Government is of
opinion, whether on an application made to it in this behalf or otherwise, that the dispute is of such a
nature that any other establishment, group or clas s of establishments of a similar nature is likely to be
interested in, or affected by, such dispute, the appropriate Government may, at the time of making the
reference or at any time thereafter but before the submission of the award, include in that refer ence such
establishment, group or class of establishments, whether or not at the time of such inclusion any dispute
exists or is apprehended in that establishment, gro up or class of establishments.]
5[(6) Where any reference has been made under sub -section (1A) to a National Tribunal, then
notwithstanding anything contained in this Act, no Labour Court or Tribunal shall have jurisdiction to
adjudicate upon any matter which is under adjudication before the Natio nal Tribunal, and accordingly,
(a) if the matt er under adjudication before the National Tribunal is pending a proceeding before a
Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may
be, in so far as it relates to such matter, shall be deemed to have been q uashed on such referenc e to
the National Tribunal; and
(b) it shall not be lawful for the appropriate Government to refer the matter under adjudication
before the National Tribunal to any Labour Court or Tribunal for adjudication during the pendency of
the proceeding in relation to such matte r before the National Tribunal.
6[Explanation .In this sub -section, Labour Court or Tribunal includes any Court or Tribunal
or other authority constituted under any law relating to investigation and settlement of industrial
disputes in force in any State.]
(7) Where any industrial dispute, in relation to which the Central Government is not the appropriate
Government, is referr ed to a National Tribunal, then notwithstanding anything contained in this Act, any
reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the
appropriate Government in relation to such dispute shall be construed as a reference to the Central
Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any
other provision of this Act to the appropriate Government in relation to that dispute shall mean a
reference to the State Gover nment.]
7[(8) No proceedings before a Labour Court, Tribunal or National Tribunal in relation to an industrial
dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and
such Labour Court, Tribunal or Nation al Tribunal shall complete such proceedings and submit its award
to the appropriate Government.]
1. Ins. by Act 18 of 1952, s. 3.
2. Subs. by Act 36 of 1956, s. 7, for a Tribunal (w.e.f. 10 -3-1957).
3. Subs. by s. 7, ibid., for the Tribunal (w.e.f. 10 -3-1957).
4. Subs. by s. 7, ibid., for Tribunal (w.e.f. 10 -3-1957).
5. Ins. by s. 7, ibid. (w.e.f. 10 -3-1957).
6. Ins. by Act 36 of 1964, s. 5 (w.e.f. 19 -12-1964).
7. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21 -8-1984).
24
STATE AMENDMENT
Karnataka
Amendment of Central Act XIV of 1947 .(1) In section 10 of the Industrial Disputes Act, 1947, as
amended by the Industrial Disputes (Madras Amendment) Act, 1949 (Madras Act XII of 1949),
sub-section (2A) shall be omitted.
(2) Section 10A of the Industrial Disputes Act, 1947, a s inserted by the Industrial Disputes (Mysore
Amendment) Act, 1953 (Mysore Act 15 of 1953), shall be omitted.
[Vide Karnataka Act 1 of 1960, s. 2]
Karnataka
Amendment of section 10 .In the industrial Disputes Act, 1947 (Central Act 14 of 1947)
(hereinafter referred to as the principal Act), in section 10, after sub -section (4), the following sub -section
shall be inserted namely:
(4A) Notwithstanding anything contained in the section 9C and in this section, in the case of a
dispute falling within the scope of section 2A, the individual workman concerned may, within six
months from the date of communication to him of the order of di scharge, dismissa l, retrenchment or
termination or the date of commencement of the Industrial Disputes (Karnataka Amendment) Act ,
1987, whichever is later, apply, in the prescribed manner, to the Labour Court for adjudication of the
dispute and the Labour Court dispose of such application in the same manner as a dispute referred
under sub -section ( 1).
Note .An application under sub -section ( 4A), may be made even in respect of a dispute pending
consideration of the Government for reference, on the date of commencement of the Industrial
Disputes (Karnataka Amendment) Act, 1987.
[Vide Karnataka Act 5 of 1988, s. 2]
1[10A. Voluntary re ferenc e of disputes to arbitration .(1) Where any industrial dispute exists or
is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at
any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National
Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person
or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an
arbitrat or or arbitrators as may be specifie d in the arbitration agreement.
2[(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of
arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter
upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire
shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.]
(2) An arbitration agreement referred to i n sub -section ( 1) shall be in such form and shall be signed
by the parties thereto in su ch manner as may be prescribed.
(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the
conciliation officer and the appropr iate Government shall, within 3[one month] from the date of the
receipt of such copy, publish th e same in the Official Gazette.
2[(3A) Where an industrial dispute has been referred to arbitration and the appropriate Government is
satisfied that the persons ma king the reference represent the majority of each party, the appropriate
Government may, within the time referred to in sub -section ( 3), issue a notification in such manner as
1. Ins. by Act 36 of 1956, s. 8 (w.e.f. 10 -3-1957).
2. Ins. by Act 36 of 1964, s. 6 (w.e.f. 19 -12-1964).
3. Subs. by Act 36 of 1964, s. 6, for |
1964).
3. Subs. by Act 36 of 1964, s. 6, for fourteen days (w.e.f. 19 -12-1964).
25
may be prescribed; and when any such notification is issued, the employers and w orkmen who are not
parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of
presenting their case before the arbitrator or arbitrators.]
(4) The arbitrator or arbitrators shall investigate the dispute and subm it to the appropriate
Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.
2[(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued
under sub -section ( 3A), the appropriate Government may, by order, prohibit the continuance of any strike
or lock -out in connection with such dispute which may be in existence on the date of the reference.]
(5) Nothing in the Arbitration Act, 1940 (10 of 194 0), shall apply to arbitrat ion under this section.]
STATE AMENDMENT
Kerala
Insertion of new section 10B. After section 10A of the Industrial Disputes Act, 1947 (Central Act
14 of 1947) (hereinafter referred to as the principal Act), the following section shall be inserted, namely: -
10B. Power to issue orders regarding terms and conditions of service pending settlement of
disputes . (1) Where an industrial dispute has been referred by the State Government to a Labour
Court or Tribunal under sub -section ( 1) of section 10 and if, in the opinion of that Government, it is
necessary or expedient so to do for securing the public safety or convenience or the maintenance of
public order or supplies and services essential to the life of the community or for maintaining
employment or industri al peace in the establishment concerning which such reference has been made,
it may, by general or special order, make provision
(a) for requiring the employers or workmen or both to observe such terms and conditions of
employment as may be specified in t he order or as may be determined in accordance with the order,
including payment of money by the employer to any person who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or continue to
work on such terms and conditions as may be specified in the order; and
(c) for any incidental or supplementary matters which appear to it to be necessary or expedient for
the purposes of the order:
Provided that no order made under this sub -section shall requ ire any employer to observe terms and
conditions of employment less favourable to the workmen than those which were applicable to them at
any time within three months immediately preceding the date of the order.
Explanation .For the purposes of this sub -section "public utility service" means
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workmen employed therein depends;
(ii) any industry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility
service for the purposes of this Act.
(2) An order made under sub -section ( 1) shall cease to operate on the expiry of a period of six months
from the date of order or on the date of the award of the Labour Court or the Tribunal, as the case may be,
whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of any order under sub -section ( 1)
may be deducted by that employer from out of any monetary b enefit to which such person becomes
entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may
be."]
[Vide Kerala Act 30 of 1979, s. 2 ]
26
Karnataka
Insertion of new section 10B. After section 10A of the principal Act, the following section shall be
inserted namely:
10B. Power to issue order regarding terms and conditions of service pending settlement of
disputes .(1) Where an industrial dispute has been referred by the State Government to a Labour
Court or a Tribunal under Sub -section ( 1) of section 10 and if in the opinion of the State Government
it is necessary or expedient so to do for securing the public safety or convenience or the maintenance
of public order or supplies and services essential to th e life of the community or for maintain
employment or industrial peace in the establishment concerning which such reference has been made,
it may, by general or special order, make provision,
(a) for requiring the employer or workman or both to observe su ch terms and conditions of
employment s may be specified in the order or as may be determined in accordance with the
order, including payment of money by the employer to any person who is or has been a workman;
(b) for requiring any public utility service not to close or remain closed and to work or
continue to work on such terms and conditions as may be specified in the order, and
(c) for any incidental or supplementary matter which appears to it to be necessary or
expedients for the purpose of the order:
Provident that no order made under this sub -section shall require any employer to observe terms and
conditions of employment less favorable to the workman than those which were applicable to them at any
time within the months immediately preceeding the da te of the order.
Explanation .For the purpose the this sub -section public utility service means,
(i) any section of an industrial establishment on the working of which the safety of the
establishment or the workman employed therein depends;
(ii) any ind ustry which supplies power, light or water to the public;
(iii) any industry which has been declared by the State Government to be a public utility service
for the purpose of this Act.
(2) An order made under sub -section ( 1) shall cease to operate on the e xpiry of a period of six months
from the date of the order or on the date of the award of the Labour Court or the Tribunal, as the case may
be, whichever is earlier.
(3) Any money paid by an employer to any person in pursuance of an order under sub -section (1),
may be deducted by that employer from out of any monetary benefit to which such person becomes
entitled under the provisions of any award passed by the Labour Court or the Tribunal, as the case may
be.
[Vide Karnataka Act 5 of 1988, s. 3]
Rajasthan
Insertion of new section 10K. in Central Act 14 of 1947. -After section 10J of the principal Act, the
following new section shall be inserted, namely: -
"10K. State Government may lay down terms and conditions of employment and
prohibit strikes, etc. - (1) Notwithstanding any thing contained in the Act, if in the opinion of the
State Government, it is necessary or expedient so to do, for securing the public safety or
convenience or the maintenance of public order or supplies and services essential to th e life of the
community or for maintaining employment or maintaining industrial peace, it may by a general or
special order, make provision -
27
(a) for requiring employers, workmen or both to observe for such period as may be
specified in the order, such term s and conditions of employment as may be determined in
accordance with the order; and
(b) for prohibiting, subject to the provision of the order, strikes or lockouts generally
or a strike or lockout in connection with any industrial dispute.
(2) In case any industrial dispute is raised in respect of any provisions in the order of the State
Government made under sub -section (1) within a period of three months of the order, it shall be referred
by the State Government for adjudication to an Industrial Tri bunal and the order shall lapse when the
award of the Tribunal becomes enforceable:
Provided, however, that the reference of the industrial dispute to adjudication shall not have the effect
of staying the operation of the order.
[Vide Rajasthan Act 14 of 1970, s. 6]
Insertion of new Chapter III -A in Central Act XIV of 1947 .- For section 10A of the principal Act,
the following new Chapter shall be inserted, namely: -
"CHAPTER III -A.
Arbitration.
10B. Submission .-(1) Any employer and a Representative Union or, in the absence of any registered
Representative Union, any other Union which is representative of employees may, by a written
agreement, agree to submit any present or future industrial dispute or class of such disputes to the
arbitration of any person whether such arbitrator is named in such agreement or not. Such agreement shall
be called a submission.
(2) A copy of every such submission shall be sent to the Registrar who shall register it in the register
to be maintained for the purpose and shall pub lish it in such manner as may be prescribed.
10C. Submission when revocable .-Every submission shall in the absence of any provision to the
contrary contained therein be irrevocable:
Provided that a submission to refer future disputes to arbitration may at any time be revoked by any
of the parties to such submission by giving the other party three months' notice in writing:
Provided further that, before the expiry of the said period of three months the parties may agree to
continue the submission for such fu rther period as may be agreed upon between them.
10D. Proceedings in arbitration .-The proceedings in arbitration under this Chapter shall be in
accordance with the provisions of the Arbitration Act, 1940 (Central Act X of 1940) in so far as they are
applic able and the powers which are exercisable by a Civil Court under the said provisions shall be
exercisable by the Industrial Tribunal.
10E. Special case may be stated to Industrial Tribunal .- The arbitrator may refer any question of
law arising before him i n any proceeding under this Act to the Industrial Tribunal for its decision. Any
award made by the arbitrator shall be in accordance with such decision.
10F, Award by arbitrator .-The arbitrator shall, after hearing the parties concerned, make an award
whic h shall be signed by him.
10G. Dispute to be referred to Industrial Tribunal if no arbitrator appointed .-Notwithstanding
anything contained in this Chapter, if no provision has been made in any submission for the appointment
of an arbitrator or where by re ason of any circumstances no arbitrator is appointed, such dispute may be
referred by the State Government for adjudication by the Industrial Tribunal.
10H. State Government may refer industrial dispute to Industrial Tribunal for adjudication .-
(1) Notwith standing anything contained in this Chapter the State Government may, at any time, refer an
industrial dispute for adjudication by the Industrial Tribunal, if on a report made by the Conciliation .
Officer or otherwise it is satisfied that -
(A) by reason o f the continuance of the dispute -
(a) a serious outbreak of disorder or a breach of the public peace is likely to occur; or
28
(b) serious or prolonged hardship to a large section of the community is likely to be
caused; or
(c) the industry concerned is likel y to be seriously affected or the prospects and scope for
employment therein curtailed; or,
(B) the dispute is not likely to be settled by other means; or
(C) it is necessary in the public interest to do so.
(2) When the State Government makes a reference to the Industrial Tribunal for adjudication of any
industrial dispute, any submission or any award of an arbitrator with regard to that industrial dispute shall
stand as cancelled.
10I. Notice of award to par ties.- (1) The arbitrator or the Industrial Tribunal as an arbitrator, as the
case may be, shall forward copies of the award made by him or it to the parties, the Commissioner of
Labour, the Registrar and the State Government.
(2) On receipt of such award, the Registrar shall enter it in the register kept for the purpose.
10J. Completion of proceeding .- The arbitration proceeding shall be deemed to have completed
when the award is published under section 17."
[Vide Rajasthan Act 34 of 1958, s. 6]
CHAPTER IV
PROCEDURE, P OWERS AND DUTIES OF AUTHORITIES
11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals .1[(1) Subject
to any rules that may be made in this behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or
National Tribunal shall follow such procedure as the arbitrator or other auth ority concerned may think
fit.]
(2) A conciliation of ficer or a member of a Board, 2[or Court or the presiding officer of a Labour
Court, Tribunal or National Tribunal] may for the purpose of inquiry into any existing or apprehended
industrial dispute, after giving reasonable notice, enter the premises occupied by any establishmen t to
which the dispute relates.
(3) Every Board, Court, 3[Labour Court, Tribunal and National Tribunal] shall have the same powers
as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in
respect of t he following matters, namely:
(a) enforcing the attendance of any person and examining him o n oath;
(b) compelling the production of documents and material objects;
(c) issuing commissions fo r the examination of witnesses;
(d) in respect of such othe r matters as may be prescribed;
and every inquiry or i nvestigation by a Board, Court, 4[Labour Court, Tribunal or National Tribunal],
shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian
Penal Code (45 of 1860).
(4) A conciliation officer 5[may enforce the attendance of any perso n for the purpose of examination
of such person or call for] and inspect any document which he has ground for considering to be relev ant
to the industrial dispute 6[or to be necessary for the purpose of verifying the implementation of any award
or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the
conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil
1. Subs. by Act 36 of 1956, s. 9, for sub -section ( 1) (w.e.f. 10 -3-1957).
2. Subs. by Act 36 of 1956, s. 9, for Court or Tribunal (w.e.f. 10 -3-1957).
3. Subs. by s. 9, ibid., for and Tribunal (w.e.f. 10 -3-1957).
4. Subs. by s. 9, ibid., for or Tribunal (w.e.f. 10 -3-1957).
5. Subs. by Act 46 of 1982, s. 9, for may call for (w.e.f. 21 -8-1984).
6. Ins. by Act 36 of |
call for (w.e.f. 21 -8-1984).
6. Ins. by Act 36 of 1956, s. 9 (w.e.f. 17 -9-1956).
29
Procedure, 1908 (5 of 1908), 1[in respect of enforcing the attendance of any person and examining him or
of compellin g the production of documents] ].
2[(5) A Court, Labour Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or
more persons having special knowledge of the matter under conside ration as assessor or assessors to
advise it in the proceeding before it.
(6) All conciliation officers, members of a Board or Court and the presiding officers of a Labour
Court, Tribunal or National Tribunal shall be deemed to be public servants within th e meaning of section
21 of the Indian Penal Code (45 of 1860).
(7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a
Labour Court, Tribunal or National Tribunal shall be in the d iscretion of that Labour Cour t, Tribunal or
National Tribunal and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full
power to determine by and to whom and to what extent and subject to what conditions, if any, such costs
are to be paid, and to give al l necessary directions for the purposes aforesaid and such costs may, on
application made to the appropriate Government by the person entited, be recovered by that Government
in the same manner as an arrear of land revenue.]
3[(8) Every 4[Labour Court, Tri bunal or National Tribunal] shall be deemed to be Ci vil Court for the
purposes of 5[sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 ( 2 of 1974 )].]
6[(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal
or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders
and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908 (5 of 1908).
(10) The Labour Court or Tribunal or N ational Tribunal, as the case may be, shall transmit any award,
order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award,
order or settlement as if it were a decree passed by it.]
STATE AMENDMENT
Karnataka
Amendment of section 11 .For sub -section ( 4) of section 11 of the principal Act, the following
sub-section shall be substituted, namely:
(4) A Consiliation Officer may, if he considers that any document or the testimony of any person
is relevant or necessary for the settlement or an industrial dispute or for the purpose of verifying the
implementation of any award or carrying out any other duty imposed on hi m under this Act, call for
and inspect such document or summon and examine such person. For the aforesaid purposes, the
Conciliation Officer shall have the same powers as are vested in a Civil Court while trying a suit
under the Code of civil Procedure, 19 08 (Central Act V of 1908), in respect of the following matters,
namely:
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) compelling the production of documents;
(iii) issuing commission for examination of witness.
(4A) Whoever refuses or fails to attend or take part in a conciliation proceedings or fails or refuses to
produce the documents in pursuance of an order issued under sub -section ( 4), shall, on conviction, be
1. Subs. by Act 46 of 1982, s. 9, for certain words (w.e.f. 21 -8-1984).
2. Subs. by Act 36 of 1956, s. 9, for sub -sections ( 5) to ( 7) (w.e.f. 10 -3-1957).
3. Ins. by Act 48 of 1950, s. 34 and the Schedule.
4. Subs. by Act 36 of 1956, s. 9, for Tribunal (w.e.f. 10 -3-1957).
5. Subs. by Act 46 of 1982, s. 9, for certain words (w.e.f. 21 -8-1984).
6. Ins. by Act 24 of 2010, s. 7 (w.e.f 15 -9-2010).
30
punishable with imprisonment for a period which may extend to three months or with fine which may
extend to five hundred rupees or with both.
[Vide Karnataka Act 5 of 1988, s. 4]
1[11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in
case of disc harge or dismissa l of workmen .Where an industrial dispute relating to the discharge or
dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for
adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National
Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may,
by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on
such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the
award of any lesser punishment in lieu of discharge or dismissal as the circums tances of the case may
require:
Provided that in any proceeding under this section the Labour Cour t, Tribunal or National Tribunal,
as the case may be, shall rely only on the materials on record and shall not take any fresh evide nce in
relation to the matter.]
STATE AMENDMENT
Tamil Nadu
Insertion of new section 11 -B-After section 11 -A of the Industrial Disputes act, 1947 (Central Act XIV
of 1947), the following section shall be inserted, namely: -
11-B. Power of Labour Court or Tribunal to execute its award by decree - A Labour Court
or a Tribunal shall have the power of a civil court to execut e its o wn award as a decree of a civil court
and also to execute any settlement as defined in clause (p) of section 2 as a decree.
[Vide Tamil Nadu Act 45 of 2008, s. 2]
In section 11 -B of the Industrial Disputes Act, 1947 for the expression award the e xpression
award and order shall be substituted.
[Vide Tamil Nadu Act 19 of 2019, s. 2]
12. Du ties of conciliation officers .(1) Where any industrial dispute exists or is apprehended, the
conciliation officer may, or where the dispute relates to a public utility service and a notice under section
22 has been given, shall hold conciliation procee dings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute,
without delay, investigate the di spute and all matters affecting the merits and the right settlement thereof
and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and
amic able settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the
conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government
2[or an officer authorised in this behalf by the appropriate Government] togethe r with a memorandum of
the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the
close of the investigation, send to the appropriate Government a full report setting forth the steps taken by
him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement
thereof, together with a full statement of such facts and circumstances, and the reasons on account of
whic h, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub -section ( 4), the appropriate Government is
satisfied that there is a c ase for reference to a Board, 3[Labour Court , Tribunal or National Tr ibunal ], it
1. Ins. by Act 45 of 1971, s. 3 (w.e.f. 15 -12-1971).
2. Ins. by Act 35 of 1965, s. 4 (w.e.f. 1 -12-1965).
3. Subs. by Act 36 of 1956, s. 10, for or Tribunal (w.e.f. 10 -3-1957).
31
may make such reference. Where the appropriate Government does not make such a reference it shall
record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of t he commencement of the
conciliation proceedings or within such shorter period as may be fixed by the appropriate Government:
1[Provided that, 2[subject to the approval of the conciliation officer,] the time for the submission of
the report may be extended by such period as may be agreed upon in writing by all the parties to the
dispute.]
13. Duties of Board .(1) Where a dispute has been referred to a Board under this Act, it shall be the
duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board
shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the
merits and the right settlement thereof and may do all such things as it thinks fit for the purpose of
inducing the parties to come to a fair and amic able settlement of the dispute.
(2) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the
conciliation proceedings, the Board shal l send a report thereof to the appropriate Government together
with a memorandum of the settlement signed by the parties to the dispute.
(3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the
investigation, send to the appropriate Government a full report setting forth the proceedings and steps
taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing
about a settlement thereof, together with a full statement of such facts and circumstances, its findings
thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its
recommendations for th e determination of the dispute.
(4) If, on the receipt of a report under sub -section ( 3) in respect of a dispute relating to a public utility
service, the appropriate Government does not make a reference to a 3[Labour Court, Tribunal or National
Tribunal] under section 10, it shall record and communicate to the parties concerned its reasons t herefor.
(5) The Board shall submit its report under this section w ithin two months of the date 4[on which the
dispute was referred to it] or within such shorter period as may be fixed by the appropriate Government:
Provided that the appropriate Government may from time to time extend the time for the submission
of the report by such further periods not exceeding two months in the aggregat e:
Provided further that the time for the submission of the report may be extended by such period as may
be agreed on in writing by all the parties to the dispute.
14. Duties of Courts .A Court shall inquire into the matters referred to it and report thereon to the
appropriate Government ordinarily within a period of six months from the commencement of its inquiry.
5[15. Duties of Labour Courts, Tribunals and National Tri bunals .Where an industrial dispute
has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its
proceed ings expeditiously and shall, 6[within the period speci fied in the order referring such industrial
dispute or the further period extended under the second proviso to sub -section ( 2A) of section 10], submit
its award to the appropriate Government.
16. Form of report or award .(1) The report of a Board or Court shall be in writing and shall be
signed by all the members of the Boar d or Court, as the case may be:
Provided that nothing in this section shall be deemed to prevent any member of the Board or Court
from recording any minute of dissent from a report or from any recommendation ma de therein.
1. Ins. by Act 36 of 1956, s. 10 (w.e.f. 17 -9-1956).
2. Ins. by Act 36 of 1964, s. 8 (w.e.f. 19 -12-1964).
3. Subs. by Act 36 of 1956, s. 11, for Tribunal (w.e.f. 10 -3-1957).
4. Subs. by Act 40 of 1951, s. 6, for of the notice under section 22.
5. Subs. by Act 36 of 1956, s. 12, for sections 15, 16, 17 and 17A (w.e.f. 10 -3-1957).
6. Subs. by Act 46 of 19 82, s. 10, for certain words (w.e.f. 21 -8-1984).
32
(2) The award of a Labour Court or Tribunal or National Tribunal shall be in wr iting and shall be
signed by its presiding officer.
17. Publ ication of reports and awards .(1) Every report of a Board or Court together with any
minute of dissent recorded therewith, every arbitration award and every award of a Labour Court,
Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the
appropriate Government, be published in such manner as the app ropriate Government thinks fit.
(2) Subject to the provisions of section 17A, the award published under sub -section ( 1) shall be final
and shall not be called in question by any Court in any manner whatsoever.
17A. Commencement of the award .(1) An award (including an arbitration award) shall become
enforceable on the expiry of thirty d ays from the date of its publication u nder section 17:
Provided that
(a) if the appropriate Government is of opinion, in any case where the award has been given by a
Labour Court or Tribunal in relation to an industrial dis pute to which it is a party; or
(b) if the Central Government is of opinion, in any case where the award has bee n given by a
National Tribunal,
that it will be inexpedient on public grounds affecting national economy or social justice to give effect to
the whole or any part of the award, the appropriate Government |
expedient on public grounds affecting national economy or social justice to give effect to
the whole or any part of the award, the appropriate Government, or as the case may be, the Central
Government may, by notification in the Official Gazette, declare that the award shall not become
enforceable on the expiry of the said period of thirty days.
(2) Where any declaration has been made in relation to an award under the proviso to sub -section ( 1),
the appropriate Government or the Central Government may, within ninety days from the date of
publication of the award under section 17, make an order rejecting or modifying the award, and shall, on
the first available opportunity, lay the award together with a copy of the order before the Legislature of
the State, if the order has been made by a State Government, or before Parliament, if the order has been
made by the Central Government.
(3) Where any award as rejected or modified by an order made under sub -section ( 2) is laid before the
Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen
days from the date on which it is so laid; and wh ere no order under sub -section ( 2) is made in pursuance
of a declaration under the proviso to sub -section ( 1), the award shall become enforceable on the expiry of
the period of ninety days referred to in sub -section ( 2).
(4) Subject to the provisions of su b-section ( 1) and sub -section ( 3) regarding the enforceability of an
award, the award shall come into operation with effect from such date as may be specified therein, but
where no date is so specified, it shall come into operation on the date when the award becomes
enforceable under sub -section ( 1) or sub - section ( 3), as the case may be.]
1[17B. Payment of full wages to workman pendin g proceedings in higher courts .Where in any
case, a Labour Court, Tribunal or National Tribunal by its award directs r einstatement of any workman
and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the
employer shall be liable to pay such workman, during the period of pendency of such proceedings in the
High Court or the Supre me Court, full wages last drawn by him, inclusive of any maintenance allowance
admissible to him under any rule if the workman had not been employed in any establishment during such
period and an affidavit by such workman had been file d to that effect in s uch Court:
Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such
workman had been employed and had been receiving adequate remuneration during any such period or
part thereof, the Court shall order that no wa ges shall be payable under this section for such period or
part, as the case may be.]
18. Persons on whom sett lements and awards are binding .2[(1) A settlement arrived at by
agreement between the employer and workman otherwise than in the course of conci liation proceeding
shall be binding o n the parties to the agreement.
1. Ins. by Act 46 of 1982, s. 11 (w.e.f. 21 -8-1984).
2. Ins. by Act 36 of 1956, s. 13 (w.e.f. 7 -10-1956).
33
(2) 1[Subject to the provisions of sub -section ( 3), an arbitration award] which has become enforceable
shall be binding on the parties to the agreement who referred the dispute to arbitration.]
2[(3)] A settlement arrived at in the course of conciliati on proceedings under this Act 3[or an
arbitration award in a case where a notification has been issued under sub -section ( 3A) of section 10A] or
4[an award 5[of a Labour Court, Tribuna l or National Tribunal] which has become enf orceable] shall be
binding on
(a) all par ties to the industrial dispute;
(b) all other parties summoned to appear in the proceedings as parties to t he dispute, unless the
Board, 6[arbitrator,] 7[Labour Court, Tribunal or National Tribunal], as the case may be, records the
opinion that they were so summoned without proper cause;
(c) where a party referred to in clause ( a) or clause ( b) is an employer, his heirs, successors or
assigns in respect of the es tablishmen t to which the dispute relates;
(d) where a party referred to in clause ( a) or clause ( b) is composed of workmen, all persons who
were employed in the establishment or part of the establishment, as the case may be, to which the
dispute relates on the date of the dispute and all persons who subsequently become employed in that
establishment or part.
19. Period of operat ion of settlements and awards .(1) A settlement 8*** shall come into
operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the
date on which the memorandum of the settlement is signed by the parties to the dispute.
(2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such
period is agreed upon, for a period of six months 9[from the date on which the memorandum of settlement
is signed by the parties to the dispute], and shall continue to be binding on the parties after the expiry of
the period aforesaid, until the expiry of two months from t he date on which a notice in writing of an
intention to terminate the settlement is given by one of the parties to the other part y or parties to the
settlement.
10[(3) An award shall, subject to the provisions of this section, remain in operation for a peri od of one
year 11[from the date on which the award becomes enforceable under section 17A]:
Provided that the appropriate Government may reduce the said period and fi x such period as it thinks
fit:
Provided further that the appropriate Government may, before the expiry of the said period, extend
the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the
total period of operation of any award does not exceed three years from the date o n which it came into
operation.
(4) Where the appropriate Government, whether of its own motion or on the application of any party
bound by the award, considers that since the award was made, there has been a material change in the
circumstances on which it was based, the appropri ate Government may re fer the award or a part of it 12[to
a Labour Court, if the award was that of a Labour Court or to a Tribunal, if the award was that of a
Tribunal or of a National Tribunal] for decision whether the period of operation should not, by rea son of
1. Subs. by Act 36 of 1964, s. 9, for An arbitration award (w.e.f. 19 -12-1964).
2. Section 18 re -numbered as sub -section ( 3) of that section by Act 36 of 1956, s. 13 (w.e.f. 7 -10-1956).
3. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19 -12-1964).
4. Subs. by Act 48 of 1950, s. 34 and the Schedule, for an award which is declared by the appropriate Government to be binding
under sub -section ( 2) of section 15.
5. Ins. by Act 36 of 1956, s. 13 (w.e.f. 10 -3-1957).
6. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19 -12-1964).
7. Subs. by Act 36 of 1956, s. 13, for or Tribunal (w.e.f. 10 -3-1957).
8. The words arrived at in the course of a conciliation proceeding under this Act omitted by Act 36 of 1956, s. 14
(w.e.f. 7 -10-1956).
9. Ins. by s. 14, ibid. (w.e.f. 7-10-1956).
10. Subs. by Act 48 of 1950, s. 34 and the Schedule, for sub -section ( 3).
11. Ins. by Act 36 of 1956, s. 14 (w.e.f. 17 -9-1956).
12. Subs. by s. 14, ibid., for to a Tribunal (w.e.f. 10 -3-1957).
34
such change, be shortened and the decision of 1[Labour Court or the Tribunal, as the case may be] on such
reference shall, 2*** be final.
(5) Nothing contained in sub -section ( 3) shall apply to any award which by its nature, terms or other
circumstances does not impose, after it has been given effect to, any continuing obligation on the parties
bound by the award.
(6) Notwithstanding the expiry of the period of operation under su b-section ( 3), the award shall
continue to be binding on the parties until a period of two months has elapsed from the date on which
notice is given by any party bound by the award to the other party or parties intimating its in tention to
terminate the awa rd.
3[(7) No notice given under sub -section ( 2) or sub -section ( 6) shall have effect, unless it is given by a
party representing the majority of persons bound by the settlement or award, as the case may be.]]
20. Commencement and conclusion of proceedings .(1) A conciliation proceeding shall be
deemed to have commenced on the date on which a notice of strike or lock -out under section 22 is
received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case
may be.
(2) A conciliation proceeding shal l be deemed to have concluded
(a) where a settlement is arrived at, when a memorandum of the settlement is signed by the
parties to the dispute;
(b) where no settlement is arrived at, when the report of the conciliation officer is received by the
appropriate Government or when the report of the Board is published under section 17, as the case
may be; or
(c) when a reference is made to a Court, 4[Labour Court, Tribunal or National Tribunal] under
section 10 during the penden cy of conciliation proceedings.
(3) Proceedings 5[before an arbitrator under section 10A or before a Labour Court, Tribunal or
National Tribunal] shall be deemed to have commenced on the date or the 6[reference of the dispute for
arbitration or adjudication, as the case may be] and such proceedings shall be de emed to have concluded
7[on the date on which the award becomes enforceable under section 17A].
21. Certain ma tters to be kept confidential .There shall not be included in any report or award
under this Act any information obtained by a conciliation offi cer, Board, Court, 8[Labour Court, Tribunal,
National Tribunal or an arbitrator] in the course of any investigation or inquiry as to a trade union or as to
any individual business (whether carried on by a person, firm or company) which is not available
otherwise than through the evi dence given befor e such officer, Board, Court, 6[Labour Court, Tribunal,
National Tribunal or an arbitrator], if the trade union, person, firm or company, in question has made a
request in writing to the conciliation officer, Boar d, Court, 6[Labour Court, Tribunal, National Tribunal or
an arbitrator], as the case may be, that such information shall be treated as confidential; nor shall such
conciliation officer or any in dividual member of the Board, 9[or Court or the presiding officer of the
Labour Court, T ribunal or National Tribunal or the arbitrator] or any person present at or concerned in the
proceedings disclose any such information without the consent in writing of the secretary of the trade
union or the person, firm or company in question, as the cas e may be:
Provided that nothing contained in this section shall apply to a disclosure of any such information for
the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).
1. Subs. by Act 36 of 1956, s. 14, for the Tribunal (w.e.f. 10 -3-1957).
2. The words subject to the provision for appeal omitted by s. 14, ibid. (w.e.f. 10 -3-1957).
3. Ins. by Act 36 of 1964, s. 10 (w.e.f. 19 -12-1964).
4. Subs. by Act 36 of 1956, s. 15, for or Tribunal (w.e.f. 10-3-1957).
5. Subs. by s. 15, ibid., for before a Tribunal (w.e.f. 10 -3-1957).
6. Subs. by s. 15, ibid., for reference of a dispute for adjudication (w.e.f. 10 -3-1957).
7. Subs. by Act 18 of 1952, s. 4, for certain words.
8. Subs. by Act 36 of 1956, s. 16, for or Tribunal (w.e.f. 10 -3-1957).
9. Subs. by s. 16, ibid., for Court or Tribunal (w.e.f. 10 -3-1957).
35
CHAPTER V
STRIKES AND LOCK -OUTS
22. Prohibi tion of strikes and lock -outs.(1) No person employed in a public utility service shall
go on strike in breach of contract
(a) without giving to the emplo yer notice of strike, as herein after provided, withi n six weeks
before striking; or
(b) within fourteen days of giving such notice; or
(c) before the expiry of the date of strike specified in a ny such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceeding s.
(2) No employer carrying on any public utility service shall lock -out any of his workmen
(a) without giving them notice of lock -out as hereinafter provided, within six weeks be fore
locking out; or
(b) within fourteen days of giving such notice; or
(c) before the expiry the date of lock -out specified in a ny such notice as aforesaid; or
(d) during the pendency of any conciliation proceedings before a conciliation officer and seven
days after the conclusion of such proceedings.
(3) The notice of lock -out or strike under this section shall not be necessary where there is already in
ex |
proceedings.
(3) The notice of lock -out or strike under this section shall not be necessary where there is already in
existence a strike or, as the case may be, lock -out in the public utility service, but the employer shall send
intimation of such lock -out or strike on the day on which it is de clared, to such authority as may be
specified by the appropriate Government either generally or for a particular area or for a particular cl ass
of public utility services.
(4) The notice of strike referred to in sub -section ( 1) shall be given by such numbe r of persons to such
person or persons and in su ch manner as may be prescribed.
(5) The notice of lock -out referred to in sub -section ( 2) shall be given in su ch manner as may be
prescribed.
(6) If on any day an employer receives from any persons employed b y him any such notices as are
referred to in sub -section ( 1) or gives to any persons employed by him any such notices as are referred to
in sub -section ( 2), he shall within five days thereof report to the appropriate Government or to such
authority as that Government may prescribe the number of such notices received or given on that day.
23. General prohibi tion of strikes and lock -outs.No workman who is employed in any industrial
establishment shall go on strike in breach of contract and no employer of any such wor kman shall declare
a lock -out
(a) during the pendency of conciliation proceedings before a Board and seven days after the
conclusion of such proceedings;
(b) during the p endency of proceedings before 1[a Labour Court, Tribunal or National Tribunal]
and two months after the c onclusion of such proceedings; 2***
3[(bb) during the pendency of arbitration proceedings before an arbitrator and two months after
the conclusion of such proceedings, where a notification h as been issued under sub -section ( 3A) of
section 10A; or]
(c) during any period in which a settlement or award is in operation, in respect of any of the
matters covered by the settlement or award.
1. Subs. by Act 36 of 1956, s. 17, for a Tribunal (w.e.f. 10 -3-1957).
2. The word or omitted by Act 36 of 1964, s. 11 (w.e.f. 19-12-1964).
3. Ins. by s. 11, ibid. (w.e.f. 19 -12-1964).
36
24. Illegal strikes and lock -outs.(1) A strike or a lock-out shall be illegal if
(i) it is commenced or declared in contravention of section 22 or section 23; or
(ii) it is continued in contravention of an order made under sub -section ( 3) of section 10 1[or
sub-section ( 4A) of section 10A].
(2) Where a strike or lock -out in pursuance of an industrial dispute has already commenced and is in
existence at the time of the referen ce of the dispute to a Board, 4[an arbitrator, a] 2[Labour Court, Tribunal
or National Tribunal], the continuance of such strike or lock -out shall not be deemed to be illegal,
provided that such strike or lock -out was not at its commencement in contravention of the provisions of
this Act or the continuance thereof was not prohibited under sub -section ( 3) of section 10 4[or su b-section
(4A) of section 10A].
(3) A lock -out declared in consequence of an illegal strike or a strike declared in consequence of an
illegal lock -out shall not be deem ed to be illegal.
25. Prohibition of financial aid to i llegal strikes and lock -outs.No person shall knowingly
expend or apply any money in direct furtherance of support of any illegal st rike or lock -out.
3[CHAPTER VA
LAY-OFF AND RETRENCHMENT
25A. Appl ication of sections 25C to 25E .(1) Sections 25C to 25E inclusive 4[shall not apply to
industrial establishments to wh ich Chapter VB applies, or ]
(a) to industrial establishments in which less than fifty workmen on an average per working day
have been employed in t he preceding calendar month; or
(b) to industrial establishments which are of a seasonal character or in which work is performed
only intermittently.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work
is performed therein only intermittently, the decision of the appropriate Gov ernment there on shall be
final.
5[Explanation .In this section and in sections 25C, 25D and 25E, industrial establishment
means
(i) a factory as defined in clause ( m) of section 2 of the Factories Act 1948 (63 of 1948); or
(ii) a mine as defined in clause ( i) of sec tion 2 of the M ines Act, 1952 (35 of 1952); or
(iii) a plantation as defined in clause ( f) of section 2 of the Plantations Labour Act, 1951
(69 of 1951).]
6[25B. Def inition of continuous service .For the purposes of this Chapter,
(1) a workman shall be said to be in continuous service for a period if he is, for that period, in
uninterrupted service, including service which may be interrupted on account of sickness or
authorised leave or an accident or a strike which is not illegal, o r a lock -out or a cessation of work
which is not due to any fa ult on the part of the workman;
(2) where a workman is not in continuous service within the meaning of clause ( 1) for a period of
one year or six months, he shall be deemed to be in continu ous s ervice under an employer
1. Ins. by Act 36 of 1964, s. 12 (w.e.f. 19 -12-1964).
2. Subs. by Act 36 of 1956, s. 18, for or Tribunal (w.e.f. 10 -3-1957).
3. Ins. by Act 43 of 1953, s. 3 (w.e.f. 24 -10-1953).
4. Subs. by Act 32 of 1976, s. 2, for shall not apply - (w.e.f. 5 -3-1976).
5. Subs. by Act 48 of 1954, s. 2, for the Explanation (w.e.f. 1 -4-1954).
6. Subs. by Act 36 of 1964, s. 13, for section 25B (w.e.f. 19 -12-1964).
37
(a) for a period of one year, if the workman, during a period of twelve calendar months
preceding the date with reference to which calculation is to be made, has actually worked under
the employer for not less than
(i) one hundre d and ninety days in the case of a workman emplo yed below ground in a
mine; and
(ii) two hundred and forty days, in any other case;
(b) for a period of six months, if the workman, during a period of six calendar months
preceding the date with reference to which calculation is to be made, has actually worked under
the employer for not less than
(i) ninety -five days, in the case of a workman employed below ground in a mine; and
(ii) one hundred and twenty days, in any other case.
Explanation .For the purposes of clause ( 2), the number of days on which a workman has
actually worked under an employer sh all include the days on which
(i) he has been laid -off under an agreement or as permitted by standing orders made under the
Industrial Employment (Standi ng Orders) Act, 1946 (20 of 1946), or under this Act or under any
other law applicable t o the industrial establishment;
(ii) he has been on leave with full wages , earned in the previous years;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in
the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that the total period
of such maternity leave does not exceed twelve wee ks.]
1[25C. Right of work men laid -off for compensation .Whenever a workman (other than a badli
workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment
and who has completed not less than one year of continuous service under an employer is laid -off,
wheth er continuously or intermittently, he shall be paid by the employer for all days during which he is so
laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per
cent. of the total of the basic wages and dear ness allowance that would have been payable to h im had he
not been so laid -off:
Provided that if during any period of twelve months, a workman is so laid -off for more than forty -five
days, no such compensation shall be payable in respect of any period of t he lay -off after the expiry of the
first forty -five days, if there is an agreement to that effect between the workman and the employer:
Provided further that it shall be lawful for the employer in any case falling within the foregoing
proviso to retrench t he workman in accordance with the provisions contained in section 25F at any time
after the expiry of the first forty -five days of the lay -off and when he does so, any compensation paid to
the workman for having been laid -off during the preceding twelve mo nths may be set off against the
compens ation payable for retrenchment.
Explanation .Badli workman means a workman who is employed in an industrial establishment in
the place of another workman whose name is borne on the muster rolls of the establishment, but shall
cease to be regarded as such for the purposes of this section, if he has completed one year of continuous
service in the establishment.]
25D. Duty of an employer to maintain muster rolls of wo rkmen .Notwithstanding that workmen
in any industrial establishment have been laid -off, it shall be the duty of every employer to maintain for
the purposes of this Chapter a muster roll and to provide for the making of entries therein by workmen
who may present themselves for work at the establishment at the appointed ti me during normal working
hours.
1. Subs. by Act 35 of 1965, s. 5, for section 25C ( w.e.f. 1 -12-1965).
38
25E. Workmen not entitled to compensation in certain cases .No compensation shall be paid to a
workman who has been laid -off
(i) if he refuses to accept any alternative employment in the same establishment from which he
has been laid -off, or in any other establishment belonging to the same employer situate in the same
town or village or situate within a radius of five miles from the establishment to which he belongs, if,
in the opinion of the employer, such alte rnative employment does not call for any special skill or
previous experience and can be done by the workman, provided that the wages which would normally
have been paid to the workman are offered for t he alternative employment also;
(ii) if he does not pr esent himself for work at the establishment at the appointed time during
normal wor king hours at least once a day;
(iii) if such laying -off is due to a strike or slowing -down of production on the part of workmen in
another part of the establishment.
25F. Conditions precede nt to retrenchment of workmen .No workman employed in any industry
who has been in continuous service for not less than one year under an employer shall be retr enched by
that employer until
(a) the workman has been given one month s noti ce in writing indicating the reasons for
retrenchment and the period of notice has expired, or the workman has been paid in lieu of such
notice, wage s for the period of the no tice;
1* * * * *
(b) the workman has been paid, at the time of retrenc hment, compensation which shall be
equivalent to fifte en days' average pay 2[for every completed year of continuous service] or any part
there of in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government 3[or such authority
as may be specified by the appropriate Government by notification in the Offic ial Gazette].
STATE AMENDMENT
Union Territory of Jammu and Kashmir and Ladakh
Section 25F .In clause (b), for "fifteen days", substitute "thirty days"
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5 -10-2020) and Vide Union Territory of Ladakh
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated
(23-10-2020). ]
4[25FF. Compensation to workmen in cas e of transfer of undertakings .Where the ownership or
management of an undertaking is transferred, whether by agreement or by operation of law, from the
employer in rela tion to that undertaking to a new employer, every workman who has been in continuous
service for not less than one year in that undertaking immediately before such transfer shall be entitled to
notice and compensation in accordance with the provisions of s ection 25F, as if t he workman had been
retrenched:
Provided that nothing in this section shall apply to a workman in any case where there has been a
change of employers by reason of the transfer, if
(a) the service of the workman has not bee n interrupted by such transfer;
1. The proviso omitted by Act 49 of 1984, s. 3 (w.e.f. 18 -8-1984).
2. Subs. by Act 36 of 1964, s. 14, for for every completed year of service (w.e.f. 19 -12-1964).
3. Ins. by s. 14, ibid. (w.e.f. 19 -12-1964).
4. Subs. by Act 18 of 1957, s. 3, for section 25FF (w.e.f. 28 -11-1956).
39
(b) the terms and conditions of service applicable to the workman after such transfer are not in
any way less favourable to the workman than those applicable to him immed iately before the transfer;
and
(c) the new employer is, under the t erms of such transfer or otherwise, legally liable to pay |
;
and
(c) the new employer is, under the t erms of such transfer or otherwise, legally liable to pay to the
workman, in the event of his retrenchment, compensation on the basis that his service has been
continuous and has not be en interrupted by the transfer.
1[25FFA. Sixty days notice to be given of intention to close down any undertaking .(1) An
employer who intends to close down an undertaking shall serve, at least sixty days before the date on
which the intended closure is to become effective, a notice, in the prescribed manner, on the appropri ate
Government stating clearly the reasons for the inten ded closure of the undertaking:
Provided that nothing i n this section shall apply to
(a) an undertaking in which
(i) less than fifty workmen are employed, or
(ii) less than fifty workmen were employed on an average per working day in the preceding
twelve months,
(b) an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for
other construction work or project.
(2) Notwithstanding a nything contained in sub -section ( 1), the appropriate Government may, if it is
satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the
employer or the like it is necessary so to do, by order, direct that provis ions of sub -section ( 1) shall not
apply in relation to such undertaking for such period as may be specified in the order.]
25FFF. Compensation to workmen in case of closing down of undertakings .(1) Where an
undertaking is closed down for any reason whatsoever, every workman who has been in continuous
service for not less than one year in that undertaking immediately before such closure shall, subject to the
provisions of sub -section ( 2), be entitled to notice and compensation in accordance with the p rovisions of
section 25F, as if t he workman had been retrenched:
Provided that where the undertaking is closed down on account of unavoidable circumstances beyond
the control of the employer, the compensation to be paid to the workman under clause ( b) of s ection 25F
shall not exceed hi s average pay for three months.
2[Explanation .An undertaking which is cl osed down by reason merely of
(i) financial difficulties ( including financial losses); or
(ii) accumulat ion of undisposed of stocks; or
(iii) the expiry of the period of the lea se or licence granted to it; or
(iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals
in the area in which such operations are carried on;
shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the
employer within the meaning of the proviso to this sub -section.]
3[(1A) Notwithstanding anything contained in sub -section ( 1), where an undertaking engaged in
mining operations is closed do wn by reason merely of exhaustion of the minerals in the area in which
such operations are carried on, no workman referred to in that sub -section shall be entitled to any notice
or compensation in accordance with the provisions of section 25F, if
(a) the employer provides the workman with alternative employment with effect from the date of
closure at the same remuneration as he was entitled to receive, and on the same terms and conditions
of service as were applicable to him, immediately before the closure ;
(b) the service of the workman has not been interrupted by s uch alternative employment; and
(c) the employer is, under the terms of such alternative employment or otherwise, legally liable to
pay to the workman, in the event of his retrenchment, compensation on the basis that his service has
been continuous and has not been interrupted by such alternative employ ment.
1. Ins. by Act 32 of 1972, s. 2.
2. Subs. by Act 45 of 1971, s. 4, for the Explanation (w.e.f. 15 -12-1971).
3. Ins. by s. 4, ibid. (w.e.f. 15 -12-1971).
40
(1B) For the purposes of sub -sections ( 1) and ( 1A), the expressions minerals and mining
operations shall have the meanings respectively assigned to them in clauses ( a) and ( d) of section 3 of
the Mines and Minerals (Regulation and Develo pment) Act, 1957 (67 of 1957).]
(2) Where any undertaking set -up for the construction of buildings, bridges, roads, c anals, dams or
other construction work is closed down on account of the completion of the work within two years from
the date on which the undertaking had been set -up, no workman employed therein shall be entitled to any
compensation under clause ( b) of se ction 25F, but if the construction work is not so completed within two
years, he shall be entitled to notice and compensation under that section for every 1[completed year of
continuous service] or any part th ereof in excess of six months.]
25G. Procedure for retrenchment .Where any workman in an industrial establishment, who is a
citizen of India, is to be retrenched and he belongs to a particular category of workmen in that
establishment, in the absence of any agreement between the employer and the workma n in this behalf, the
employer shall ordinarily retrench the workman who was the last person to be employed in that category,
unless for reasons to be recorded the employe r retrenches any other workman.
25H. Re -employment of retrenched workmen .Where any workmen are retrenched, and the
employer proposes to take into his employ any persons, he shall, in such manner as may be pr escribed,
give an opportunity 2[to the retrenched workmen who are citizens of India to offer themselves for re -
employment and such r etrenched workman] who offer themselves for re -employment shall have
preference over other persons.
25-I. [Recovery of moneys due from employres under this chapter. ] Rep. by the Industrial Disputes
(Amendment and Miscellaneous Provisions) Act, 1956 (36 of 1956), s. 19 (w.e.f. 10-3-1957).
25J. Effect of laws in consistent with this Chapter .(1) The provisions of this Chapter shall have
effect notwithstanding anything inconsistent therewith contained in any other law [including standing
orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 o f 1946)]:
3[Provided that where under the provisions of any other Act or rules, orders or notifications issued
thereunder or under any standing orders or under any award, contract of service or otherwi se, a workman
is entitled to benefits in respect of any matter which are more favourable to him than those to which he
would be entitled under this Act, the workman shall continue to be entitled to the more favourable
benefits in respect of that matter, no twithstanding that he receives benefits in respect of other matters
under this Act.]
(2) For the removal of doubts, it is hereby declared that nothing contained in this Chapter shall be
deemed to affect the provisions of any other law for the time being in force in any State in so far as that
law provides for the settlement of industrial disputes, but the rights and liabilities of employers and
workmen in so far as they relate to lay -off and retrenchment shall be determined in accordance with t he
provisions of this Chapter.]
4[CHAPTER VB
SPECIAL PROVISIONS RELATING TO LAY -OFF, RETRENCHMENT AND CL OSURE IN CERTAIN
ESTABLISHMENTS
25K. Application of Chap ter VB .(1) The provisions of this Chapter shall apply to an industrial
establishment (not being an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than 5[one hundred] workmen were employed on an average per working
day f or the preceding twelve months.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work
is performed therein only intermittently, the decision of the appropriate Government thereon s hall be
final.
1. Subs. by Act 36 of 1964, s. 15, for completed year of service (w.e.f. 19 -12-1964).
2. Subs. by s. 16, ibid., for certain words (w.e.f. 19 -12-1964).
3. Subs. by Act 36 of 1964, s. 17, for the proviso (w.e.f. 19 -12-1964).
4. Ins. by Act 32 of 1976, s. 2 (w.e.f. 5 -3-1976).
5. Subs. by Act 46 of 1982, s. 12, for three hundred (w.e.f. 21 -8-1984).
41
STATE AMENDMENT
Andhra Pradesh
In Section 25K
The following shall be substituted, namely:
25-K.Application of Chapter V -B:(1) The provisions of this chapter shall apply to an industrial
establishment (not being an establishment of a seasonal character or in which work is performed only
intermittently) in which not less than three hundred workmen were employed on an average per working
day for the preceding twelve months.
(2) Without prejudice to the provisions of sub -section ( 1), the State Gov ernment, may, if satisfied that
maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in
the official gazette apply the provisions of this chapter to an industrial establishment (not being an
establishment o f a seasonal character or in which work is performed only intermittently) in which such
number of workmen which may be less than three hundred but not less than one hundred, as may be
specified in the notification, were employed on an average per working d ay for the preceding twelve
months.
(3) If a question arises whether an industrial establishment is of a seasonal character or whether work
is performed therein only intermittently, the decision of the State Government thereon shall be final.
[Vide Andhra Pradesh 12 of 2015, s. 3]
Assam
Amendment of section 25K .-In the principal Act, in section 25K, for the words one hundred,
appearing in between the words than and workmen, the words
three hundred shall be substituted.
[Vide Assam Act 22 of 2018, s. 2]
Karnataka
Amendment of section 25K .In section 25K of the principal Act, after sub -section ( 1), the
following sub -section shall be inserted, namely:
(1A) Notwithstanding anything contained in sub -section (1) the State Governm ent may, from time to
time by notification in the official gazette, apply the provisions of section 25 -O and section 25 -R in so far,
as they relate to contravention of sub -section ( 2) of section 25 -O, also to an industrial establishment of a
seasonal chara cter or in which work is performed only intermittently in which not less than one hundred
workmen were employed on an average per working day for the preceding twelve months.
[Vide the Karnataka Act 5 of 1988, s. 5]
Orissa
Amendment of section 25K .In section 25K of the Industrial Disputes Act, 1947 (14 of 1947)
(hereinafter referred to as the principal Act), in sub -section ( 1), for the words three hundred, the words
one hundred shall be substituted.
[Vide the Orissa Act 6 o f 1983, s. 2]
Union Territory of Jammu and Kashmir and Ladakh
Section 25K .--In sub -section (1), for "one hundred", substitute "three hundred".
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465 (E), dated (5 -10-2020) and Vide Union Territory of Ladakh
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated
(23-10-2020).
Rajasthan
Amendment of section 25 -k, Central Act No. 14 of 1947. - After sub -section (1) of section 25 -k of
the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), hereinafter referred to as the principle
Act, the following new sub -section shall be inserted, namely: -
(1-A) Without prejudice to the provisions con tained in sub section (1), the State Government
may, if satisfied that maintenance of industrial peace or prevention of vietimisation of workmen so
42
requires, by notification in the Official Gazette, apply the provisions of this Chapter to an industrial
establishment (not being an establishment of a seasonal character or in which work is performed only
intermittently) in which such number of workmen, which may be less than three hundred but not less
than one hundred as may be specified in the notification, were employed on an average per working
day for the preceding twelve months.
[Vide Rajasthan Act 8 of 1984, s.2]
Rajasthan
Amendment of section 25K, Central Act No. 14 of 1947. - For the existing section 25K of the principal
Act, the following shall be substituted, namely: -
25K. Application of Chapter VB. - (1) The provisions of this Chapter shall apply to an
industrial establishment (not being an establishment of a seasonal cha racter or in which work is
performed only intermittently) in which not less than three hundred workmen were employed on an
average per working day for the preceding twelve months.
(2) Without prejudice to the provisions of sub -section (1), the State Gover nment may, if satisfied
that maintenance of industrial peace or prevention of victimization of workmen so requires, by
notification in the Official Gazette apply the provisions of this Chapter to an industrial establishment,
(not being an establishment of a seasonal character or in which work is performed only intermittently)
in which such number of workmen which may be less than three hundred but not less than one
hundred, as may be specified in the notification, were employed on an average per working day for
the preceding twelve months.
(3) If a question arises whether an industrial establishment is of a seasonal character or whether
work is performed therein only intermittently, the decision of the appropriate Government thereon
shall be final..
[Vide Rajasthan Act 21 of 2014, s. 7]
Gujarat
Amendment of section 25K of XIV of 1947 .In the Industrial Disputes Act, |
jarat
Amendment of section 25K of XIV of 1947 .In the Industrial Disputes Act, 1947 (XIV of 1947),
in its application to the State of Gujarat (hereinafter referred to as the principal Act), in section 25K, --
(i) in sub-section (1), for the words one hundred, the words three hundred shall be
substituted;
(ii) after sub -section (1), the following sub -section shall be inserted, namely: -
(1A) Without prejudice to the provisions of sub -section (1), the State Governme nt may, if
satisfied that the maintenance of industrial peace or prevention of victimization of workmen so
requires, by notification in the Official Gazette , apply the provision of this Chapter to an
industrial establishment (not being an establishment of a seasonal character or in which work is
performed only intermittently) in which such number of workmen which may be less than three
hundred but not less than one hundred, as may be specified in the notification, were employed on
an average per working day for the preceding twelve months..
[Vide Gujarat Act 1 of 2021, s. 2]
25L. Definitions .For the purposes of this Chapter,
(a) industrial establishment means
(i) a factory as defined in clause ( m) of section 2 of the Fa ctories Act, 1948 (63 of 1948);
(ii) a mine as defined in clause ( i) of sub - section ( 1) of section 2 of the M ines Act, 1952
(35 of 1952); or
(iii) a plantation as defined in clause ( f) of section 2 of the Plantations Labour Act, 1951
(69 of 1951);
(b) notwithstanding anything contained in sub -clause ( ii) of clause ( a) of section 2,
(i) in relation to any company in which not less than fifty -one per cent. of the paid -up share
capital is hel d by the Central Government, or
43
(ii) in relation to any corporation [not being a corporation referred to in sub -clause ( i) of
clause ( a) of section 2] established by or under any law made by Parliament, the Central
Government s hall be the appropriate Government.
Rajasthan
Amendment of section 25 -L, Central Act No. 14 of 1947. ---In clause (b) of s ection 25 -L of the
principle Act, for the expression the Central Government shall be the appropriate Government, the
expression the State Government shall have no powers under his this Chapter shall be substituted.
[Vide Rajasthan Act 8 of 1984, s. 3]
25M. Prohibition of lay -off.(1) No workman (other than a badli workman or a casual workman)
whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall
be la id-off by his employer except 1[with the prior perm ission of the appropriate Government or such
authority as may be specified by that Government by notification in the Official Gazette (here after in this
section referred to as the specified authority), obtained on an application made in this behalf, unless such
lay-off is due to shortage of power or to natural calamity, and in the case of a mine, such lay -off is due
also to fire, flood, excess of inflammable gas or explosion].
2[(2) An application for permission under sub -section ( 1) shall be made by the em ployer in the
prescribed manner stating clearly the reasons for the intended lay -off and a copy of such application shall
also be served simultaneously on the workmen concer ned in the prescribed manner.
(3) Where the workman (other than badli workmen or ca sual workmen) of an industrial
establishment, being a mine, h ave been laid -off under sub -section ( 1) for reasons of fire, flood or excess
of inflammable gas or explosion, the employer, in relation to such establishment, shall, within a period of
thirty days from the date of commencement of such lay -off, apply, in the prescribed manner, to the
appropriate Government or the specified authority for permission to continue the la y-off.
(4) Where an application for permission under sub -section ( 1) or sub -section (3) has been made, the
appropriate Government or the specified authority, after making such enquiry as it thinks fit and after
giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons
interested in such lay -off, may, having regard to the genuineness and adequacy of the reasons for such
lay-off, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded
in writing, grant or refuse to grant such permission and a copy of such order shall be communicated t o the
employer and the workmen.
(5) Where an application for permission under sub -section ( 1) or sub -section ( 3) has been made and
the appropriate Government or the specified authority does not communicate the order granti ng or
refusing to grant permission to the employer within a period of sixty days from the date on which such
application is made, the permission applied for shall be deemed to have been granted on the expiration of
the said period of sixty days.
(6) An ord er of the appropriate Government or the specified authority granting or refusing to grant
permission shall, subject to the provisions of sub -section ( 7), be final and binding on all the parties
concerned and shall remain in force for one ye ar from the date of such order.
(7) The appropriate Government or the specified authority may, either on its own motion or on the
application made by the employer or any workman, review its order granting or refusing to grant
permission under sub -section ( 4) or refer the matter or, as the case may be, cause it to be referred, to a
Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub -section, it shall pass an
award within a period of thirty days f rom the date of such reference.
(8) Where no application for permission under sub -section ( 1) is made, or where no application for
permission under sub -section ( 3) is made within the period specified therein, or where the permission for
any lay -off has been refused, such lay -off shall be deemed to be illegal from the date on which the
1. Subs. by Act 49 of 1984, s. 4, for certain words (w.e.f. 18 -8-1984).
2. Subs. by Act 49 of 1984 , s. 4, for sub -sections ( 2) to ( 5) (w.e.f. 18 -8-1984).
44
workmen had been laid -off and the workmen shall be entitled to all the benefits under any law for the
time being in force as if they had not been laid -off.
(9) Notwithstanding anything contained i n the foregoing provisions of this section, the appropriate
Government may, if it is satisfied that owing to such exceptional circumstances as accident in the
establishment or death of the employer or the like, it is necessary so to do, by order, dir ect th at the
provisions of sub -section ( 1), or, as the case may be, sub -section ( 3) shall not apply in relation to such
establishment for such period as may be specified in the order.]
1[(10)] The provisions of section 25C (other than the second proviso thereto) shall apply to cases of
lay-off referred to in this section.
Explanation .For the purposes of this section, a workman shall not be deemed to be laid -off by an
employer if such employer offers any alternative employment (which in the opinion of the employer does
not call for any special skill or previous experience and can be done by the workman) in the same
establishment from which he has been laid -off or in any other establishment belonging to the same
employer, situate in the same town or village, or situate within such distance from the establishment to
which he belongs that the transfer will not involve undue hardship to the workman having regard to the
facts and circumstances of his case, provided that the wages which would normally have been pa id to the
workman are offered for the alternative appointme nt also.
STATE AMENDMENT
Rajasthan
Amendment of section 25 -M, Central Act No. 14 of 1947 .- In section 25 -M of the principle Act, -
(a) in sub -section (1), between the expression this Chapter appli es and the expression shall be
laid off", the expression or is applied under sub -section (1 -A) of section 25 -k shall be inserted and
for the expression apropriate Government, the expression State Government" shall be substituted;
(b) in sub -section (2), for the expression (Amendment) Act, 1976 the expression (Rajasthan
Amendment) Act, 1984 shall be substituted;
(c) for the existing sub -section (3), the following sub -sections shall be substituted, namely: -
(3) In the case of every applicat ion for permission under sub -section (1) or sub -section
(2), the employer shall state clearly the reasons due to which he intends to lay off or continue the
lay off of a workman and a copy of such application shall be served on the workman Intended to
be laid off or continued to be laid off by registered post with acknowledgment due.
(4) Where an application for permission has been made under sub -section (1) or sub -section
(2), the authority to whom the application has been made, after making such enquiry as it thinks
fit and after giving reasonable opportunity of being heard to the employer and the workman, may,
having regard to the genuineness and adequacy of the reasons stated by the employer, the terms
of contract of service and the standing orders gov erning the establishment, by order and for
reasons to be recorded in writing grant or refuse to grant such permission and such order shall be
communicated to the employer and the workman.;
(d) the existing sub -section (4) shall be re -numbered as sub-section (5) thereof;
(e) after sub -section (5) as so re -numbered the following sub -section shall be inserted, namely: -
"(6) An order of the authority specified under sub -section (1) granting or refusing to g rant
permission shall, subject to the provisions of sub -section (7), be final and binding on both the
parties.
(7) The authority specified under sub -section (1) may, either of its own motion or on the
application made by the employer or the workman , review its order granting or refusing to g rant
permission under sub -section (4) or refer the matter to the Labour Court having jurisdiction for
adjudication:
1. Sub -section ( 6) re-numbered as sub -section ( 10) by s. 4, ibid., (w.e.f. 18 -8-1984).
45
Provided that where a reference has been made to a Labour Court under this sub -section, it
shall pass an award within a period of thirty day s from the date of such reference., and
(f) the existing sub -sections (5) and (6) shall be renumbered as sub -sections (8) and (9) thereof.
[Vide Rajasthan Act 8 of 1984, s. 4]
1[25N. Conditions preced ent to retrenchment of workmen .(1) No workman emp loyed in any
industrial establishment to which this Chapter applies, who has been in continuous service for not less
than one year under an employer shall be retre nched by that employer until,
(a) the workman has been given three months notice in writing indicating the reasons for
retrenchment and the period of notice has expired, or the workman has been paid in lieu of such
notice, wages fo r the period of the notice; and
(b) the prior permission of the appropriate Government or such aut hority as may be specified by
that Government by notification in the Official Gazette (hereafter in this section referred to as the
specified authority) has been obtained on an ap plication made in this behalf.
(2) An application for permission under sub -section ( 1) shall be made by the employer in the
prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such
application shall also be served simultaneously on the workmen conc erned in the prescribed manner.
(3) Where an a pplication for permission under sub -section ( 1) has been made, the appropriate
Government or the specified authority, after making such enquiry as it thinks fit and after giving a
reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested
in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the
employer, the interests of the workmen and all other relevant factors, by order and for reasons to be
recorded in writing, gra nt or refuse to grant such permission and a copy of such order shall be
communicated t o the employer and the workmen.
(4) Where an application for perm ission has been made under sub -section ( 1) and the appropriate
Government or the specified authority does not communicate the order granting or refusing to grant
permission to the employer within a period of sixty days from the date on which such application is made,
the permission applied for shall be deemed to have been granted on the expiration of the said period of
sixty days.
(5) An order of the appropriate Government or the specified authority granting or refusing to grant
permission shall, subject to the provisions of sub -section ( 6), be final and binding on all the parties
concerned and shall remain in force for one ye ar from the date of such order.
(6) The appropriate Government or the specified authority may, either on its own motion or on the
application made by the employer or any workman, review its order granting or refusing to grant
permission un der sub -section ( 3) or refer the matter or, as the case may be, cause it to be referred, to a
Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub -section, it shall pass an
award within a period of thirty days f rom the date of such reference.
(7) Where no application for permission under sub -section ( 1) is made, or where the permission for
any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on
which the notice of retrenchment was given to the workman and the workman shall be entitled to all the
benefits under any law for the time being in force as if n o notice had been given to him.
(8) Notwithstanding anything contained in the foregoing provisions of this section , the appropriate
Government may, if it is satisfied that owing to such exceptional circumstances as accident in the
establishment or death of the employer or the like, it is necessary so to do, by order, direct , that the
provisions of sub - section ( 1) shall not apply in relation to such establishment for such period as may be
specified in the order.
1. Subs. by Act 49 of 1984 , s. 5, for section 25N (w.e.f. 18 -8- |
9 of 1984 , s. 5, for section 25N (w.e.f. 18 -8-1984).
46
(9) Where permission for retrenchm ent has been granted under sub -section ( 3) or where permission
for retrenchment is deemed to be granted under sub -section (4), every workman who is employed in that
establishment immediately before the date of application for permission under this section shall be
entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days
average pay for every completed year of continuous service or any part thereof in excess of six months.]
STATE AMENDMENT
Rajasthan
Amendment of section 25 -N, Central Act No. 14 of 1947. --In section 25 -N of the principle Act, -
(a) in sub -section (1), -
(i) between the expression this Chapter applies and the expression who has been, the
expression or is applied under sub -section (1 -A) of section 25 -K shall be inserted; and
(ii) for clause (c), the following clause shall be substituted, namely: -
"(c) three months notice in writing stating clearly the reasons for retrenchment is served on
the State Government or such authority as may be specified by the State Government by
notification in the Official Gazette by registered post with acknowledgement du e, and
the permission of the State Government or of such authority is obtained under sub
section (2).;
(b) for sub -section (2), the following sub -section shall be substituted, namely: -
(2) On receipt of a notice under clause (c) of sub -section (1), the State Government or
authority, after making such enquiry as it thinks fit and after giving reasonable
opportunity of being heard to the employer, the workman and the office -bearer of the
representative union of the concerned industrial establishment, may, having regard to the
genuineness and adequacy of the reasons stated by the employer, requirements of
industrial peace, prevention of victimisation and unfair labour practice, by order a nd for
reasons to be recorded in writing grant or refuse to grant such permission and such order
shall be communicated to the employer, the workman and the office -bearer of such
representative union.;
(c) in sub -section (4), for the expression (Amendment ) Act, 1976", the expression (Rajasthan
Amendment) Act, 1984, for the expression (a) of section 25 -F", the expression (c) of sub
section (1), for the word appropriate, the word State and for the expression sub -section
(2) the expression the sai d clause of the said sub -section shall respectively be substituted;
(d) in sub -section (5), for the word appropriate, the word State shall be substituted;
(e) after sub -section (5), the following sub -section shall be inserted , namely: -
(6) An order of the State Government or the authority granting or refusing to grant
permission shall, subject to the provisions of sub -section (7), be final and binding on all
the parties and shall remain in force for on year form the date of such order.
(7) The State Government or, as the case may be, the authority may, either on its own motion
or on the application made by the employer or the workman, review its order granting or
refusing to grant permission under sub -section (2) or refer t he matter to a Tribunal for
adjudication:
Provided that where a reference has been made to a Tribunal under this sub -section, it shall
pass an award within a period of thirty days from the date of such reference.;
(f) the existing sub -sections (6) and (7) shall respectively be re -numbered as sub - sections
(8) and (9) thereof; and
(g) in sub -section (9) as so re -numbered, -
(i) for the expression (Amendment) Act, 1976, the expression (Rajasthan
Amendment) Act, 1984 shall be substituted;
(ii) the expression or the Central Government shall be deleted;
47
(iii) for the word appropriate, wherever occurring, the word State shall be
substituted; and
(iv) for the expression and any order passed by such authority shall be final and
binding on the empl oyer and the workman or workmen, the expression "and such
authority while deciding such matter shall proceed to hold the enquiry in the
manner and have regard to the matters specified in sub -section (2). Any order
passed by such authority shall, subject t o review under the proviso to this sub -
section, be final and binging on the employer and the workman or workman:
Provided that such authority as aforesaid may, either on its own motion or on the
application made by the employer or the workman review the or der passed by it under
this sub -section or refer the matter to a Tribunal for adjudication and to such reference,
the provisions contained in the proviso to sub -section (7) shall, mutatis matandis ,
apply, shall be substituted.
[Vide Rajasthan Act 8 of 19 84, s. 5]
Rajasthan
Amendment of section 25N, Central Act No. 14 of 1947. - In section 25N of the principal Act, -
(a) in clause (a) of sub -section (1), the existing expression , or the workman has been paid in
lieu of such notice, wages for the period of the n otice shall be deleted; and
(b) in sub -section (9), after the existing expression six months and before the existing
punctuation mark ., appearing at the end, the expression and an amount equivalent to his
three months average pay shall be inserted.
[Vide Rajasthan Act 21 of 2014, s. 8]
Gujarat
Amendment of section 25N of XIV of 1947 . In the principal Act, in section 25N, -
(i) in sub-section (1), in clause (a), the words or the workman has been paid in lieu of such
notice, wages for the period of the notice shall be deleted;
(ii) in sub -section (9), the words and an amount equivalent to his last three months average pay
shall be added at the end.
[Vide Gujarat Act 1 of 2021, s. 3]
1[25-O. Procedure fo r closing down an undertaking .(1) An employer who intends to close down
an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed
manner, apply, for prior permission at least ninety days before the date on which the intended closure is to
become effective, to the appropriate Government, stating clearly the reasons for the intended closure of
the undertaking and a copy of such application shall also be served simultaneously on the representatives
of the wo rkmen in the prescribed manner:
Provided that nothing in this sub -section shall apply to an undertaking set up for the construction of
buildings, bridges, roads, canals, dams or for other construction work.
(2) Where an application for perm ission has been made under sub -section ( 1), the appropriate
Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being
heard to the employer, the workmen and the persons interested in such closure may, having regard to the
genuineness and adequacy of the reasons stated by the empl oyer, the interests of the general public and all
other relevant factors, by order and for reasons to be recorded in writing, grant or refused to grant such
permission and a copy of such order shall be communicated t o the employer and the workme n.
(3) Wher e an application has been made under sub -section ( 1) and the appropriate Government does
not communicate the order granting or refusing to grant permission to the employer within a period of
sixty days from the date on which such application is made, the p ermission applied for shall be deemed to
have been granted on the expiration of the said period of sixty days.
1. Subs. by Act 46 of 1982, s. 14, for section 25 -O (w.e.f. 21 -8-1984).
48
(4) An order of the appropriate Government granting or refusing to grant permission shall, subject to
the provisions of sub -section ( 5), be final and binding on all the parties and shall remain in force for one
year from the date of such order.
(5) The appropriate Government may, either on its own motion or on the application made by the
employer or any workman, review its order granting or refusin g to grant permission under sub -section ( 2)
or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub -section, it shall pass an
award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub -section ( 1) is made within the period specified
therein, or where the permission for closure has been refused, the closure of the undertaking shall be
deemed to be illegal from the date of closur e and the workmen shall be entitled to all the benefits under
any law for the time being in force as if the undert aking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate
Government may, if it is satisfied that owing to such exceptional circumstances as accident in the
undertaking or death of the employer or the like it is necessary so to do, by order, direct that the
provisions of sub -section ( 1) shall not apply in relation to such undertaking for such period as may be
specified in the order.
(8) Where an undertaking is permitted to be closed down under sub -section ( 2) or where permission
for closure is deemed to be granted under sub -section ( 3), every workman who is employed in that
undertaking immediately before the date of application for permission under this section, shall be entitled
to receive compensation which shall be equivalent to fifteen days average pay for every completed year
of continuous service or any part thereof i n excess of six months.]
STATE AMENDMENT
Orissa
Amendment of section 25 -O.For section 25 -o of the principal Act, the following section shall be
substitute namely:
25-O. Procedure or closing down an undertaking .(1) An employer who intends to close down an
undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner,
apply, for prior permission at least ninety days before the date on which the intended closure is to
become effective, to the appropriate Governm ent , stating clearly the reasons for the intended closure of
the undertaking and a copy of such application shall also be served simultaneously on the representatives
of the workman in the prescribed manner:
Provided that nothing in this sub -section sha ll apply to an undertaking set up for the construction of
buildings, bridges, roads, canals, dams or for other construction work.
(2) where an application for permission has been made under sub -section (1), the appropriate
Government , after making such e nquiry as it thinks fit and after giving a reasonable opportunity of being
heard to the employer, the workmen and the persons interested in such closure may, having regard to the
genuineness and adequacy of the reasons stated by the employer, the inter ests of the general public and
all other relevant factors, by order and for reasons to be recorded in writing , grant or refuse to grant such
permission and a copy of such order shall be communicated to the employer and the workmen.
(3) Where an applicatio n has been made under sub -section (1) and the appropriate Government does
not communicate the order granting or refusing to grant permission to the employer within a period of
sixty days from the date on which such application is made, th e permission appli ed for shall be deemed to
have been granted on the expiration of the said period of sixty days.
(4) An order of the appropriate Government granting or refusing to grant permission shall, subject to
the provisions of sub -section (5), be final and binding on all the parties and shall remain in force for one
year from the date of such order.
49
(5) The appropriate Government may, either on its own motion or on the application made by the
employer or any workman, review its order granting or refusing to grant permission under sub -section (2)
or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribun al under this sub section, it shall pass an
award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub -section (1) is made within the period specified
therein, or where the permission for closur e has been refused , the closure of the undertaking shall be
deemed to be illegal from the date of closure and the w orkmen shall b e entitled to all the benefits under
any law for the time being in force as if the undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate
Government may, if it is satisfied that owing to such exceptional circumstances as accident in the
undertaking or death of the employer or the like it is necessary so to do, by order, direct that the
provisions of sub -section (1) shall not apply in relation to such undertaking for such period as may be
specified in the order.
(8) Where an undertaking is permitted to be close down under sub -section (2) or where permission for
closure is deemed to be granted under sub -section (3) every workman who is employed in that
undertaki ng immediately before the date of application for permission under this section shall be
entitled to receive compensation which shall be equivalent to fifteen days a verage pay for every
completed year of continuous service or any part thereof in excess of s ix months..
[Vide the Orissa Act 6 of 1983, s. 3]
Substitution of section 25 -O, Central Act No. 14 of 1947: -For section 25 -O of the principle Act, the
following section shall be substituted, namely: -
25-O. Procedure for closing down an undertaking. -(1) A n employer who intends to close
down an undertaking of an industrial establishment to which this Chapter applies including an
employer who has served a notice under sub -section (1) of section 25 -FFA on the State Government
of his intention to close down su ch an undertaking but the period of such a notice has not expired at
the commencement of the Industrial Disputes(Rajasthan Amendment) Ordinance, 1983 shall apply
for prior permission at least ninety days before the date on which the intended closure is to become
effective, to the State Government, stating clearly the reasons for the intended closure of the
undertaking and a copy of such application shall also be served simultaneously on the representatives
of the workmen by registered post with acknowledgme nt due.
(2) where an application for permission has been made under sub -section (1), and the State
Government after making such enquiry as it thinks fit and after giving reasonable opportunity of
being heard to the employer, the workmen and the person inte rested in such closure may, having
regard to the genuineness and adequacy of the reasons stated by employer, the interests of the general
public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse
|
er, the interests of the general
public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse
to grant su ch permission and a copy of such order shall be communicated to the employer and the
workmen.
(3) Where an application has been made under sub -section (1), and the State Government does
not communicate the order granting or refusing to grant permission to the employer within a period
of sixty days from the date on which such application is made, the permission applied for shall be
deemed to have been granted on the expiration of the said period of sixty days.
(4) An order of the State Government granting o r refusing to grant permission shall, subject to the
provision of sub -section (5), be final and binding on all the parties and shall remain in force for one
year from the date of such order.
(5) The State Government may, either on its own motion or on the application made by the
employer or any workman, review its order granting or refusing to grant permission under sub -section
(2) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub -section, it shall pass
an award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub -section (1) is made within the period specified
therein, or where the permission for closure has been refused, the closure of the undertaking shall be
50
deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits
under any law for the time being in force as if the undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provision of this section, the State
Government may, If it is satisfied that owing to such exceptional circumstance as accident in the
undertaking or death of the employer or the like it is necessary so to do, by order, direct that the
provisions of sub -section (1) shall not apply in relation to such undertaking for such period as may be
specified in the order .
(8) Where an undertaking is permitted to be closed down under sub -section (2) or where
permission for closure is deemed to be granted under sub -section (3), every workman who is
employed in that undertaking immediately before the date of application for permission under this
section, shall be entitled to receive compensation which shall be equivalent to fifteen days ' average
pay for every completed year of continuous service or any part thereof in excess of six months..
[Vide Rajasthan Act 8 of 1984, s. 6]
Rajasthan
Amendment of section 25 -O, Central Act No. 14 of 1947. - In sub -section (8) of section 25 -O of the
principal Act, after the existing expression six months and before the existing punctuation mark .,
appearing at the end, the expression and an amount equivalent to his three months average pay shall be
inserted.
[Vide Rajasthan Act 21 of 2014, s. 9 ]
25P. Special provision as to restarting of undertakings closed down before commencement of
the Industrial D isputes (Amendment) Act, 1976 .If the appropriate Government is of opinion in
respect of any undertaking of an industrial establishment to which th is Chapter applies and which closed
down before the commencement of the Industrial Disputes (Amend ment) Act, 1976 (32 of 1976),
(a) that such undertaking was closed down otherwise than on account of unavoidable
circumstances beyo nd the control of the employer;
(b) that there are possibilities of restarting the undertaking;
(c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before
its closure or for the maintenance of supplies and services essential to the life o f the community to
resta rt the undertaking or both; and
(d) that the restarting of the undertaking will not result in hardship to the employer in relation to
the undertaking,
it may, after giving an opportunity to such employer and workmen, direct, by orde r published in the
Official Gazette, that the undertaking shall be restarted within such time (not being less than one month
from the date of the order) as may be specified in the order.
Rajasthan
Substitution of section 25 -P, Central Act No. 14 of 1947: - For section 25 -P of the principle Act, the
following section shall be substituted, namely: -
25-P. Special provision as to restarting of undertaking closed down before commencement of the
Industrial Disputes (Rajasthan Amendment) Act, 1984. - (1) Where the undertaking of
an industrial establishment to which this Chapter applies had been closed down before
the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984 and
the State Government, after giving reasonable opportunity of being heard t o the
employer, workmen and the office bearer of the representative union of the concerned
industrial establishment and after making such enquiry as it thinks fit, is satisfied that, -
(a) such undertaking was closed down otherwise than on account of unavoi dable
circumstances, beyond the control of the employer;
(b) there are possibilities of restarting the undertaking;
(c) it is necessary for the rehabilitation of the workmen employed in such undertaking
before its closure or for the maintenance of suppli es and services essential to the
life of the community or both to restarted the undertaking ; and
(d) the restarting of the undertaking will not result in hardship to the employer in
relation to the undertaking,
51
It may direct, by order published in the O fficial Gazette, that the undertaking shall be
restarted within such time (not being less than one months from the date of the
order) as may be specified in the order.
(2) An order of the State Government directing the restarting of the undertaking under
sub-section (1) shall, subject to the provisions of sub -section (3), be final and binging
on all the parties.
(3) The State Government may either on its own motion or on the application made by the
employer and after giving to such employer, the workmen an d the office -bearer of the
representative union of the concerned industrial establishment an opportunity of being
heard, review its order directing the restarting of the undertaking under sub -section (1)
or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub -section, it shall pass
and award within a period of sixty days from the date of such reference and pending award by the
Tribunal, the undertaking shall continue to remain restarted.
[Vide Rajasthan Act 8 of 1984, s. 7]
Insertion of new section 25 -PP, Central Act No. 14 of 1947 :- After section 25 -P of the principle
Act as so substituted, the following new section shall be added, namely: -
25 PP. Special provision as to reinstatement of workmen retrenched before the
commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984 .-(1)
Notwithstanding any award or order of a Tribunal or any judgement , order or direction of any Court
upholding the validity of retrenchment of any workman employed is any industrial establishment to
which this Chapter applies who is retrenched at any time during six months immediately before the
commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984, the State Government
shall, eith er on its own motion or on the application made by any such retrenched workman or by the
office -bearer of the representative union of the concerned industrial establishment, examine the
validity of retrenchment of such workman and if, after making such enq uiry as it thinks fit and after
giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as case
may be, to such office -bearer, it is satisfied that, -
(a) the retrenchment of the workman was without genuine or adequate reasons;
(b) the retrenchment was by way of victimisation and unfair labour practice; and
(c) the reinstatement of the workman is required for maintaining industrial peace in the
industrial establishment,
it shall by order and for reasons to be recorded in writing, dire ct the employer to reinstate
the retrenched workman within such time as may be specified in the order and if it is not
so satisfied, it shall by such reasoned order uphold the validity of retrenchment of the
workman and shall communicate its order to the e mployer and the workman.
(2) An order of the State Government under sub -section (1), subject to the order passed by it
as a result of review under sub -section (3) and, where a reference has been made by it to a Tribunal
under the said sub -section, subjec t to the award passed by the Tribunal, shall be final and binding
on the employer and the workman.
(3) The State Government may, either on its own motion or on the application made by the
employer or the retrenched workman, review its order directing rein statement of the retrenched
workman or, as the case may be, the order upholding the validity of retrenchment of the workman
under sub section (1) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribuna l under this sub -section , it shall
pass an award within a period of thirty days from the date of such reference..
[Vide Rajasthan Act 8 of 1984, s. 8]
Gujarat
Amendment of section 25 -O of XIV of 1947 .In the principal Act, in section 25 -O, in sub -sectio n
(8), the words and an amount equivalent to his last three months average pay shall be added at the end.
[Vide Gujarat Act 1 of 2021, s. 4]
52
25Q. Penalty for lay -off and retrenchme nt without previous permission .Any employer who
contravenes the provisions of secti on 25M or 1*** of section 25N shall be punishable with imprisonment
for a term which may extend to one month, or with fine which may extend to one thousand rupees, or
with both.
STATE AMENDMENT
Rajasthan
Substitution of section 25 -Q Cent ral Act No 14 of 1947. - For section 25 -Q of the principle Act, the following
section shall be substituted, namely: -
25-Q. Penalties for lay -off and retrenchment without previous permission .- Any employer who -
(a) lays off a workman without complying with the provisions of sub -section (1) or sub -
section (2) of section 25 -M; or
(b) Contravenes an order refusing to grant permission to lay -off or to continue the lay -off
of a workman under sub -section (4) of section 25 -M; or
(c) Contravenes such an order as is referred to in clause (b) passed as a result of review
under sub -section (7) of section 25 -M; or
(d) Contravenes the provisions of clause (c) of sub -section (1) or sub section (4) of section
25-N; or
(e) Contravenes an order refusing to grant permission to retrench a workman under sub -
section (2) or an order under sub -section (9) of section 25 -N; or
(f) Contravenes such an order as is referred to in clause (e) passed as a result of review
under sub -section (7) or sub section (9) of section 25 -N; or
Contravenes the direction to r einstate a retrenched workman given under sub -section (1) of section 25 -
pp or such a direction given as a result of review under sub -section (3) of the said section, Shall be
punishable with imprisonment for a term which may extend to three months, or wit h fine which may
extend to two thousand rupees or with both. .
[Vide Rajasthan Act 8 of 1984, s. 9]
25R. Penalty for closure .(1) Any employer who closes down an undertaking without complying
with the provisions of sub -section ( 1) of section 25 -O shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
(2) Any employer, who contravenes 2[an order refusing to grant permission to close down an
undertaking under sub-section ( 2) of section 25 -O or a direction given under section 25P], shall be
punishable with imprisonment for a term which may extend to one year, or with fine which may extend to
five thousand rupees, or with both, and where the contravention is a co ntinuing one, with a further fine
which may extend to two thousand rupees for every day during which the contravention continues after
the conviction.
3* * * * *
STATE AMENDMENT
Orissa
Amendment of section 25 -R.In section 25 -R of the principal Act;
(a) in sub -section (2), for the words, brackets, figures and letters, a direction given under sub -section
(2) of section 25 -O or section 25 -P, the words, brackets, figures and letters an order refusing to grant
permi ssion to close down an undertaking under sub -section (2) of section 25 -O or a direction given under
section 25 -P shall be substituted;
(b) Sub-section (3) shall be omitted.
[Vide the Orissa Act 6 of 1983, s. 4]
1. Certain words omitted by Act 49 of 1984, s. 6 (w.e.f. 18 -8-1984).
2. Subs. by Act 46 of 1982, s. 15, for certain words (w.e.f. 21 -8-1984).
3. Sub -section ( 3) omitted by s. 15, ibid. (w.e.f. 21 -8-1984).
53
Rajasthan
Amendment of section 25 -R, Cen tral Act No. 14 of 1947: - In section 25 -R of the principle Act, -
(a) for sub -section (2), the following sub -section shall be substituted, namely: -
(2) Any employer, who contravenes an order refusing to grant permission to close down an
undertaking und er sub -section (2) of section 25 -0 or a direction given under section 25 -P,
shall be punishable with an imprisonment for a term which may extend to one year, or with
fine which may extend to five thousand rupees, or with both, and where the contravention
is a continuing one, with a further fine which may extend to two thousand rupees for every
day during which the contravention continues after the conviction.; and |
one, with a further fine which may extend to two thousand rupees for every
day during which the contravention continues after the conviction.; and
(b) sub section (3) shall be omitted.
[Vide Rajasthan Act 8 of 1984, s. 10]
25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this
Chapter applies. The provisions of sections 25B, 25D, 25FF, 25G, 25H, and 25J in Chapter VA shall,
so far as may be, apply also in relation to an industrial establi shment to which the pro visions of this
Chapter apply.]
Rajasthan
Amendment of section 25 -S, Central Act No. 14 of 1947: -In section 25 -S of the principle Act, after
the expression provisions of this Chapter apply, the expression or are applied under sub -section (1 -A)
of section 25 -k shall be added .
[Vide Rajasthan Act 8 of 1984, s. 11]
1[CHAPTER VC
UNFAIR LABOUR PRACTICES
25T. Prohibit ion of unfair labour practice .No employer or workman or a trade union, whether
registered under the Trader Unions Act, 1926 (1 8 of 1926), or not, shall com mit any unfair labour
practice.
25U. Penalty for comm itting unfair labour practices .Any person who commits any unfair labour
practice shall be punishable with imprisonment for a term which may extend to six months or wi th fine
which may extend to one thousand rupees or with both.]
CHAPTER VI
PENALTIES
26. Penalty for illegal strikes and lock -outs.(1) Any workman who commences, continues or
otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with
imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees,
or with both.
(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock -out which is
illegal under this Ac t, shall be punishable with imprisonment for a term which may extend to one month,
or with fine which may extend to one thousand rupees, or with both.
27. Penalty for instigation, etc .Any person who instigates or incites others to take part in, or
otherwise acts in furtherance of, a strike or lock -out which is illegal under this Act, shall be punishable
with imprisonment for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
28. Penalty for giv ing financial aid to illegal strikes and lock -outs.Any person who knowingly
expends or applies any money in direct furtherance or support of any illegal strike or lock -out shall be
punishable with imprisonment for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
1. Ins. by Act 46 of 1982, s. 16 (w.e.f. 21 -8-1984).
54
1[29. Penalty for breach of settlement or award .Any person who commits a breach of any term
of any settlement or award, which is binding on him under this Act, shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with both 2[and where the
breach is a continuing one, with a further fine which may extend to two hundred rupees for every day
during which the breach continues after the conviction f or the first] and the Court trying the offence, if it
fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by
way of compensation, to any person who, in its opinion, ha s been injured by such breach.]
STATE AMENDMENT
Kerala
Insertion of new section 2 9A.After section 29 of the principal Act, the following sec tion shall be
inserted, namely:
29A. Penalty for failure to comply with an order issued under section 10B .Any person
who fails to comply with any provisions contained in any order made under sub -section ( 1) of section
10B shall be punishable with imprisonment for a term which shall not be less than six months but
which may extend to one year and with fine."]
[Vide Kerala Act 30 of 1979, s. 3]
30. Pe nalty for disclo sing confidential information .Any person who wilfully discloses any such
information as is referred to in section 21 in contravention of the provisions of that section shall, on
complaint made by or on behalf of the trade union or individu al business affected, be punishable with
imprisonment for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
3[30A. Penal ty for closure without notice .Any employer who closes down any undertaking
without complying with the provisions of section 25FFA shall be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to five thousand rupees, or with
both.]
STATE AMENDMENT
Rajasthan
Insertion of new section 30A in Central Act 14 of 1947. After section 30 of the principal Act, the
following new section shall be inserted, namely: -
"30A. Penalty for contravention of an order made under section 10K. ---Any person who
contravenes an order issued by the State Government in pursuance of section 10K of the Act shall, on
conviction, be punishable with imprisonment for a term which may extend to one year or with fine
which may extend to two thousand rupees or with both.".
[Vide Rajasthan Act 14 of 1970, s. 7]
31. Penalty for other offences .(1) Any employer who contravenes the provisions of section 33
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both .
(2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no
other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine
which ma y extend to one hundred rupees.
STATE AMENDMENT
Union Territory of Jammu and Kashmir and Ladakh
Insertion of new section ---After section 31, insert -
1. Subs. by Act 36 of 1956, s. 20, for section 29 (w.e.f. 17 -9-1956).
2. Ins. by Act 35 of 1965, s. 6 (w.e.f. 1 -12-1965).
3. Ins. by Act 32 of 1972, s. 3 .
55
"31A. Compounding of offences. --(1) Any offence punishable under
sections 25Q, 25R, 25U, 26, 27, 28, 29, 30A and sub -sections (1) and (2) of sect ion 31 may, either before
or after the institution of the prosecution, on an application by the alleged offender, be compounded by
such officer or authority as the appropriate Government may, by notification in the Official Gazette,
specify in this behalf for such amount as specified in the Table below: -
Table
S.N. Section Compounding amount
1 2 3
1 25Q 25 days wages last drawn by each workman.
2 25R 60 days wages last drawn by each workman.
3 25U (i) By each workman Rs. 150/ - per day but not exceeding Rs. 3000/ - in
aggregate;
(ii) By employer Rs. 300/ - per day but not exceeding the amount in
aggregate as shown below:
Number of workmen employed in the
industry Amount not exceeding
1 to 50 Rs. 5000/ -
51 to 100 Rs. 8000/ -
101 to 500 Rs. 12000/ -
More than 500 Rs. 16000/ -
4 26 (i) In case of illegal strike, Rs. 150/ - per day by each workman but not
exceeding Rs. 3000/ - in aggregate;
(ii) In case of illegal lock -out, Rs. 300/ - per day by an employer but not
exceeding the amount in aggregate as shown below:
Number of workmen employed
in the industry Amount not exceeding
1 to 50 Rs. 5000/ -
51 to 100 Rs. 8000/ -
101 to 500 Rs. 12000/ -
More than 500 Rs. 16000/ -
5 27 and
28 As per section 26 above for illegal strike and lockout.
6 29 Rs. 200/ - per day in respect of each of the workman.
7 30A 25 days wages last drawn by each workman.
8 31(1) Number of workmen For first For For third
56
employed in the industry occasion second
occasion occasion
1 to 50 Rs.
5000/ - Rs.
10,000/ - Rs. 15,000/ -
51 to 100 Rs.
8000/ - Rs.
16,000/ - Rs. 24,000/ -
101 to 500 Rs.
12000/ - Rs.
24,000/ - Rs. 36,000 -
More than 500 Rs.
16000/ - Rs.
32,000 - Rs. 48,000/ -
9 31(2) For each workman, for the first offence Rs. 1000/ - for the second offence Rs.
2000/ - and for the third offence Rs. 3000/ -
(ii) For employer:
Number of workmen
employed in the industry For first
occasion For
second
occasion For third
occasion
1 to 50 Rs.
1500 Rs. 3000 Rs. 6000
51 to 100 Rs.
3000 Rs. 6000 Rs. 10000
101 to 500 Rs.
4000 Rs. 8000 Rs. 15000
More than 500 Rs.
5000 Rs. 10000 Rs. 20000:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said
specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than
three occasions shall not be compoundable:
Provided also that such offences shall be compoundable only after the alleged offender has acted to
the satisfaction of such officer or authority that such offence is not continued any further:
Provided also that when an offence is compounded on an application by the employer, then the
compounding amount received from him, shall be paid to the concerned workman or equally amongst the
workman and if any workme n are not identifiable, then the remaining amount shall be deposited in such
manner as may be notified by the appropriate Government.
(2) Where an offence has been compounded under sub -section (1), no further proceedings shall be
taken against the offender in respect of such offence and the offender, if in custody, shall be released or
discharged.
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5 -10-2020) and Vide Union Territory of Ladakh
Reorganisation (Adaptation of Central Laws) Order, 2020, Notific ation No. S.O. 3774(E), dated (23-10-
2020).]
57
CHAPTER VII
MISCELLANEOUS
32. Offence by companies, etc .Where a person committing an offence under this Act is a company, or other
body corporate, or an association of persons (whether incorporated or not), every director, manager, secretary, agent
or other officer or person concerned with the management thereof shall, unless he proves that the offence was
committed without his knowledge or consent, be deeme d to be guilty of such offence.
1[33. Conditions of service, etc., to remain unchanged under certain circumstances d uring pendency of
proceedings .(1) During the pendency of any conciliation proceeding before a con ciliation officer or a Boar d or of
any proceeding before 2[an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industri al
dispute, no employer shall ,
(a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in
such dispute, the conditions of service applicable to them immediately before the comm encement of such
proceeding; or
(b) for any misconduct connected with the disp ute, discharge or punish, whether by dismissal or otherwise,
any workmen concerned in such dispute,
save with the express permission in writing of the authority before w hich the proceeding is pending.
(2) During the pendency of any such proceeding in resp ect of an industrial dispute, the employer may, in
accordance with the standing orders applicable to a work man concerned in such dispute 3[or, where there are no
such standing orders, in accordance with the terms of the contract, whether express or implied , between him and the
workman],
(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that
workman immediately before the comm encement of such proceeding; or
(b) for any misconduct not connected with the dispute, or discharge or punish, whether by dismis sal or
otherwise, that workman:
Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one
month and an application has been made by the employer to the author ity before which the proceeding is
pending for approval of th e action taken by the employer.
(3) Notwithstanding anything contained in sub -section ( 2), no employer shall, during the pendency of any such
proceeding in respect of an industrial dispute |
contained in sub -section ( 2), no employer shall, during the pendency of any such
proceeding in respect of an industrial dispute, take any action against any protected work man concerned in such
dispute
(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him
immediately before the commencement of such proceeding s; or
(b) by discharging or p unishing, whether by dismissal or otherwise, such protected workman,
save with the express permission in writing of the authority before which the proceeding is pending.
Explanation .For the purposes of this sub -section, a protected workman , in relation to an establishmen t,
means a workman who, being 4[a member of the executive or other office bearer] of a registered trade union
connected with the establishment, is recognised as such in accordance with rules made in this beh alf.
(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of
sub-section ( 3) shall be one per cent. of the total number of workmen employed therein subject to a minimum
number of five protected workmen and a max imum number of one hundred protected workmen and for the aforesaid
purpose, the appropriate Government may make rules providing for the distribution of such protected workmen
among various trade unions, if any, connected with the establishment and the mann er in which the workmen may be
chosen and r ecognised as protected workmen.
(5) Where an employer makes an application to a conciliation officer, Board, 2[an arbitrator, a] labour Court,
Tribunal or National Tribunal under the proviso to sub -section ( 2) for approval of the action taken by him, the
authority concerned shall, without delay, he ar such application and pass, 5[within a period of three months from the
date of receipt of such application], such order in rel ation thereto as it deems fit:]
1. Subs. by Act 36 of 1956, s. 21, for section 33 (w.e.f. 10 -3-1957).
2. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19 -12-1964).
3. Ins. by s. 18, ibid. (w.e.f. 19 -12-1964).
4. Subs. by Act 45 of 1971, s. 5, for an officer (w.e.f. 15 -12-1971).
5. Subs. by Act 46 of 1982, s. 17, for as expeditiously as possible (w.e.f. 21 -8-1984).
58
1[Provided that where any such authority considers it necessary or expedient so to do, it may, for
reasons to be recorded in writing, extend such period by such furt her period as it may think fit:
Provided further that no proceedings before any such authority shall lapse merely on the ground that
any period specified in this sub -section had expired without suc h proceedings being completed.]
2[33A. Special provision for adjudication as to whether con ditions of service, etc., changed
during pendency of proceedings .Where an employer contravenes the provisions of section 33 durin g
the pendency of proceedings 3[before a conciliation officer, Board, an arbitrator, a Labour Court, Tribunal
or National Trib unal], any employee aggrieved by such contravention , may make a camplaint in writing,
5[in the prescribed manner,
(a) to such conciliation officer or Board, and the conciliation officer or Board shall take s uch
complaint into account in m ediating in, and promoting the settlement of, such industrial dispute; and
(b) to such arbitrator, Labour Court, Tribunal or National Tribunal and on receipt of such
complaint, the arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, shall
adjudicat e upon the complaint as if it were a dispute referr ed to or pending before it, in accordance
with the provisions of this Act and shall submit his or its award to the appropriate Government and
the provisions of thi s Act shall apply accordingly.] ]
4[33B. Power to transfer certain proceedings .(1) The appropriate Government may, by order in
writing and for reasons to be stated therein, withdraw any proceeding under this Act pending before a
Labour Court, Tribunal or National Tribunal and transfer the same t o another Labour Court, Tribunal or
National Tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, Tribunal
or National Tribunal to which the proceeding is so transferred may, subject to special directions in the
order of t ransfer, proceed either de novo or from the stage at which it was so transferred:
Provided that where a proceeding under section 33 or section 33A is pending before a Tribunal or
National Tribunal, the proceeding may also be transferred to a Labour Court.
(2) Without prejudice to the provisions of sub -section ( 1), any Tribunal or National Tribunal, if so
authori sed by the appropriate Government, may transfer any proceeding under section 33 or section 33A
pending before it to any one of the Labour Courts spe cified for the disposal of such proceedings by the
appropriate Government by notification in the Official Gazette and the Labour Court to which the
proceeding is so transfe rred shall dispose of the same.
5[33C. Recovery of money due from an employer .(1) Where any money is due to a workman
from an employer under a settlement or an awa rd or under the provisions of 6[Chapter VA or Chapter
VB], the workman himself or any other person authorised by him in writing in this behalf, or, in the case
of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery,
make an application to the appropriate Government for the recovery of the money due to him, and if the
appropriate Government is satisfi ed that any money is so due, i t shall issue a certificate for that amount to
the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue:
Provided that every such application shall be made within one year from the date on which the money
became due to the workman from the employer:
Provided further that any such application may be entertained after the expiry of the said period of
one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making
the appl ication within the said period.
(2) Where any workman is entitled to receive from the employer any money or any benefit which is
capable of being computed in terms of money and if any question arises as to the amount of money due or
as to the amount at whic h such benefit should be computed, then the question may, subject to any rules
1. Ins. by Act 46 of 1982 , s. 17 (w.e.f. 21 -8-1984).
2. Ins. by Act 4 8 of 1950, s. 34 and the Schedule.
3. Subs. by Act 46 of 1982, s. 18, for certain words (w.e.f. 21 -8-1984).
4. Ins. by Act 36 of 1956, s. 23 (w.e.f. 10 -3-1957).
5. Subs. by Act 36 of 1964, s. 19, for section 33C (w.e.f. 19 -12-1964).
6. Subs. by Act 32 of 1976, s. 4, for Chapter VA (w.e.f. 5 -3-1976).
59
that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by
the appropriate Government; 1[within a peri od not exceeding three months:]
1[Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to
do, he may, for reasons to be recorded in writing, extend such period by such furth er period as he may
think fit.]
(3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks
fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit a report to
the Labour Court and the Labour Court shall determ ine the amount after considering the report of the
commissioner and o ther circumstances of the case.
(4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any
amount found due by the Labour Court may be recovered i n the manner provided for in sub -section ( 1).
(5) Where workmen employed under the same employer are entitled to receive from him any money
or any benefit capable of being computed in terms of money, then, subject to such rules as may be made
in this behal f, a single application for the recovery of the amount due may be made on behalf of or in
respect of any number of such workmen.
Explanation .In this section Labour Court includes any court constituted under any law relating to
investigation and settleme nt of industrial disputes in force in any State.]]
STATE AMENDMENT
Assam
Amendment of Section 33 -C.In the principal Act, in section 33 -C, in sub -section ( 1), for the
words to the collector who shall proceed to recover the same in the same manner as an a rrear of land
revenue the words to the Chief Judicial Magistrate having jurisdiction who shall proceed to realize as if
it were a fine imposed by such Magistrate shall be substituted.
[Vide Assam Act 22 of 200 7, s. 3]
Rajasthan
Amendment of section 33C, Central Act 14 of 1947. -In sub -section (1) of section 33C of the
principal Act, after the expression "Chapter VA", the expression "or under an order issued by the State
Government under section 10K of the Act" shall be inserted.
[Vide Rajasthan Act 14 of 1970, s. 8]
34. Cognizance of offences .(1) No Court shall take cognizance of any offence punishable under
this Act or of the abetment of any such offence, save on complaint made by or under the authority of the
appropriate Government.
(2) No C ourt inferi or to that of 2[a Metropolitan Magistrate or a Judicial Magistrate of the first class],
shall try any off ence punishable under this Act.
35. Protection of persons .(1) No person refusing to take part or to continue to take part in any
strike or lock -out which is illegal under this Act shall, by reason of such refusal or by reason of any action
taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or
penalty, or to deprivation of any right or benefit to wh ich he or his legal representatives would otherwise
be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at
any disadvantage as compared with other members of the union or society, anything to the co ntrary in the
rules of a trade un ion or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall
apply to any proceeding for enforcing any right or exemption secured by this sect ion, and in any such proceeding the
Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to
be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of
compensation or dam ages as that Court thinks just.
3[36. Representation of p arties .(1) A workman who is a party to a dispute shall be entitled to be represented
in any proceeding under this Act by
1. Ins. by Act 46 of 1982, s. 19 (w.e.f. 21 -8-1984).
2. Sub s. by Act 46 of 1982, s. 20, for certain words (w.e.f. 21 -8-1984).
3. Subs. by Act 48 of 1950, s. 34 and the Schedule, for section 36.
60
(a) 1[any member of the executive or office bearer] of a registered trade union of which he is a member:
(b) 2 [any member of the executive or other office bearer] of a federation of trade unions to which the trade
union referred to in clause ( a) is affiliated;
(c) where the worker is not a member of any trade union, by 2[any member of the executive or other office
bearer] of any trade union connected with, or by any other workman employed in the industry in
which the worker is employed and authori sed in su ch manner as may be prescribed.
(2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding
under this Act by
(a) an officer of an association of emp loyers of which he is a member;
(b) an officer of a federation of association of employers to which the association referred to in
clause ( a) is affiliated;
(c) where the employer is not a member of any association of employers, by an officer of any
association of employers connected with, or by any other employer engaged in, the industry in which
the employer is engaged and authori sed in su ch manner as may be prescribed.
(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation
proceedings under this Act or in any proceedings before a Court.
(4) In any proceeding 2[before a Labour Court, Tribunal or National Tribunal], a party to a dispute
may be represented by a legal practitioner with the consent of the other parties to the proceeding s and
3[with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be].]
4[36A. Power to remove difficulties .(1) If, in the opinion of the appropriate Government , any
difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer
the question to such Labour Court, Tribunal or Nationa l Tribunal as it may think fit.
(2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after
giving the parties an opportunity of being heard, decide such question and its decision shall be final an d
binding on all such parties.]
5[36B. Power to exempt .Where the appropriate Government is satisfied in relation to any
industrial establishment or undertaking or any class of industrial establishments or undertakings carried
on by a department of that Government that adequate provisions exist for the investigation and settlement
of industrial disputes in respect of workmen employed in such establishment or undertaking or class of
establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or
unconditionally such establishment or undertaking or class of establishments or undertakings from all or
any o f the provisions of this Act.]
37. Protection of action taken under the Act .No suit, prosecution or other legal proceeding shall |
isions of this Act.]
37. Protection of action taken under the Act .No suit, prosecution or other legal proceeding shall
lie against any person for anything which is in good faith done or intended to be done in pursuance of this
Act or any rules made thereunder.
38. Power to make rules .(1) The appropriate Government may, subject to the condition of
previous publication, make rules for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of t he following matters, namely:
(a) the powers and procedure of conciliat ion officers, Boards, Courts, 6[Labo ur Courts, Tribunals
and National Tribunals] including rules as to the summoning of witnesses, the production of
documents relevant to the subject -matter of an inquiry or investigation, the number of members
necessary to form a quroum and the manner of su bmission of reports and awards;
1. Subs. by Act 45 of 1971, s. 6, for an officer (w .e.f. 15 -12-1971).
2. Subs. by Act 36 of 1956, s. 24, for before a Tribunal (w.e.f. 10 -3-1957).
3. Subs. by s. 24, ibid., for with the leave of the Tribunal (w.e.f. 10 -3-1957).
4. Ins. by s. 25, ibid. (w.e.f. 10 -3-1957).
5. Ins. by Act 46 of 1982, s. 21 (w.e.f. 21 -8-1984).
6. Subs. by Act 36 of 1956, s. 26, for and Tribunals (w.e.f. 10 -3-1957).
61
1[(aa) the form of arbitration agreement, the manner in which it may be signed by the parties,
2[the manner in which a notification may be issued under sub -section ( 3A) of section 10A,] the
powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him;
(aaa) the appointment of assessors in proceedings under this Act;]
3* * * * *
(b) the constitution and functions of and the filling of vacancies in Works Committees, and the
procedur e to be followed by such Committees in the discharge of their duties;
4[(c) the salaries and allowances and the terms and conditions for appointment of the presiding
officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible
to members of Courts, Boards a nd to assessors and witnesses;]
(d) the ministerial establishment which may b e allotted to a Court, Board, 5[Labour Court,
Tribunal or National Tribunal] and the salaries and allowances payable to members of such
establishments;
(e) the manner in which and the persons by and to whom notice of strike or lock -out may be
given and the manner in which such notices shall be communicated;
(f) the conditions subject to which parties may be represented by legal practitione rs in
proceedings u nder this Act before a Court, 3[Labour Court, Tribunal or National Tribunal];
(g) any other matter which is to be or may be prescribed.
(3) Rules made under this section may provide that a contravention thereof shall be punishable with
fine not exceeding fifty rupees.
6[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the
State Legislature or, where the appropriate Government is the Central Government, bef ore both Houses of
Parliament.]
7[(5) Every rule made by the Central Government under this section shall be laid, as soon as may b e
after it is made, before each House of Parliament while it is in session for a total period of thirty days
which may be c omprised in one session or in 8[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 pr eviously
done under that rule.]
9[39. Del egation of powers .The appropriate Government may, by notification in the Official
Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation
to such matters and subject to such conditions, if any, as may be specified in the di rection, 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 spe cified in the notification; and
1. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10 -3-1957).
2. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19 -12-1964).
3 Clause ( ab) omitted by Act 24 of 2010, s. 8 (w.e. f. 15-9-2010).
4. Subs. by s. 8, ibid., for clause ( c) (w.e.f. 15 -9-2010).
5. Subs. by Act 36 of 1956, s. 26, for or Tribunal (w.e.f. 10 -3-1957).
6. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10 -3-1957).
7. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19 -12-1964).
8. Subs. by Act 32 of 1976, s. 5, for certain words (w.e.f. 5 -3-1976).
9. Subs. by Act 36 of 1956, s. 27, for section 39 (w.e.f. 17 -9-1956).
62
(b) where the appropriate Government is a State Government, by such officer or authority
subordinate to the State Government as may be s pecified in the notification.]
1[40. Power to amend Schedules .(1) The appropriate Government may, if it is of opinion that it is
expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the
First Schedule any industry, and on any such notification being issued , the First Schedule shall be de emed
to be amended accordingly.
(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the
Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or
the Third Schedule, as the case may be, shall be de emed to be amended accordingly.
(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of
the State, if the notification has been issue d by a State Government, or before Parliament, if the
notification has been issued by the Central Government.]
_______________
1. Subs. by Act 36 of 1964, s. 21, for section 40 (w.e.f. 19 -12-1964).
63
1[THE FIRST SCHEDULE
[See section 2( n)(vi)]
INDUSTRIES WHICH MAY BE DECLARED TO BE PU BLIC UTILITY SERVICE S UNDER SUB -CLAUSE ( vi) OF
CLAUSE ( n) OF SECTION 2
1. Transport (other than railways) for the carriage of passengers or goods, 2[by land or water];
3[2. Banking;
3. Cement;
4. Coal;
5. Co tton textiles;
6. Food stuffs;
7. Iron and Steel;
8. Defence establishments;
9. Servic e in hospitals and dispensaries;
10. Fire Brigade Service;
4[11. India G overnment Mints;]
12. India Security Press;
5[13. Copper Mining;
14. Lead Mining;
15. Zinc Mining; ]
6[16. Iron Ore Mining;]
7[17. Service in any oilfield,]
8[***]
9[19. Service in the Uranium Industry;]
10[20. Pyrites Mining ;]
21. S ecurity Paper Mill, Hoshangabad;
11[22. Service s in the Bank Note Press, Dewas;]
12[23. Phosphorite Mining;]
13[24. Magnesite Mining. ]
14[25. Currency Note Press;]
1. Subs. by Act 36 of 1956, s. 29, for the Sc hedule (w.e.f. 10 -3-1957).
2. Subs. by Act 36 of 1964, s. 22, for by land, water or air (w.e.f. 19 -12-1964).
3. Declared to be Public utility serv ice for six months effective 17 -04-2010 vide Notification No. S .O. 760(E) , dated 06 -04-2010.
4. These entries were added to the Schedule from time to time by notifications issued under section 40 of the Act.
5. Items 13 to 15 added by S.O. 1444, dated 3rd May, 1966.
6. Ins. by S.O. 726, dated 25th February, 1967.
7. Ins. by S.O. 1776, dated 10th May, 1967.
8. Entry 18 omitted by Act 45 of 1971, s. 7 (w.e.f. 15 -12-1971).
9. Ins. by S.O. 1471, dated 10th April, 1968.
10. Ins. by S.O. 2061, dated 30th May, 1970.
11. Ins. by S.O. 4697, dated 26th November, 1976.
12. Ins. by S.O. 47, dated 17th December, 1976.
13. Ins. by S.O. 2474, dated 4th September, 1980.
14. Ins.by S.O. 946, dated 7th March, 1981.
64
1[26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel
oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like;]
2[27. Service in the Airports Authority of India;]
3[28. Industrial establishme nts manufacturing or producing Nuclear Fuel and components, Heavy Water and
Allied Chemicals and Atomic Energy.]
4[29. 'Processing or production or distribution of fuel gases' (coal gas, natural gas and the like)]
5[30. Manufacturing of Alumina and Aluminium; and
31. Mining of Bauxite.]
6[32. Services in the Bank Note Paper Mill India Private Limited, Mysore, Karnataka.]
7[33. Chemical Fertilizer industry .]
STATE AMENDMENT
Karnataka
Amendment of the First Schedule .In the First Schedule to the principal Act, after item No. 10,
the followi ng item shall be added namely:
11. Oxygen and Acetylene.
[Vide Karnataka Act 6 of 1963, s. 3.]
Manipur
In the Schedule to the Principal Act, for the word, figures and letter, Section 120 B, the words, figures
and letter, Sections 120 B, 121 to 130 shall be substituted.
[Vide Manipur Act 11 of 1983, s. 4]
1. Ins. by S.O. 4207, dated 20thNovember, 1984.
2. Subs . by Notification No. S .O.1808(E) , dated 05 -08-2011 .
3. Ins. by S.O. 967, dated 8th April, 1995 .
4. Subs . by Notification No. S .O.1955(E) dated 20.06.2017
5. Ins. by Notifications No. S.O.143(E), dated 27th June, 2012.
6. Ins. by Notification No. S .O.251(E), dated 25 -01-2017.
7. Ins. by Notification No. S .O.6362(E) , dated 28 -12-2018.
65
THE SECOND SCHEDULE
(See section 7)
MATTERS WITHIN THE JU RISDICTION OF LABOUR COURTS
1. The propriety or legality of an order passed by an employer under the standing orders;
2. The application and interpretation of standing orders;
3. Discharge or dismissal of workmen including re -instatement of, or grant of relief to, workmen
wrongfully dismissed;
4. Withdrawal of any customary concession or privilege;
5. Illegality or otherwise of a strike or lock -out; and
6. All matters other than those specified in the Third Schedule.
____________
66
THE THIRD SCHEDULE
(See section 7A)
MATTERS WITHIN THE JU RISDICTION OF INDUSTRIAL TRIBUNALS
1. Wages, includi ng the period and mode of payment;
2. Compensatory and other allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and gratuity;
6. Shift working otherwise than in accordance with standi ng orders;
7. Classification by grades;
8. Rules of discipline;
9. Rationalisation;
10. Retrenchment of workmen and closure of establishment; and
11. Any other matter |
9. Rationalisation;
10. Retrenchment of workmen and closure of establishment; and
11. Any other matter that may be prescribed.
___________________
67
THE FOURTH SCHEDULE
(See section 9A)
CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIV EN
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit
of the workmen under any law for t he time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting , alteration or discontinuance of shift working otherwise than in accordance with standing
orders;
7. Classification by grades;
8. Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are
provided in standing orders;
10. Rationalisation, standardi sation or improvement of plant or technique which is likely to lead to
retrenchment of workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or to be employed
in any occupation or process or department or s hift, 1[not occasioned by circumstances over which
the employer has no control].]
______________
1. Subs. by Act 36 of 1964, s. 23, for not due to forced matters (w.e.f. 19 -12-1964).
68
1[THE FIFTH SCHEDULE
[See section 2( ra)]
UNFAIR LABOUR PRACTIC ES
I.On the part of employers and trade unions of employers
1. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form,
join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or
other mutual aid or protection, that is to say:
(a) threatening workmen with discharge or dismissal, if they join a trade union;
(b) threatening a lock -out or closure, if a trade union is organised;
(c) granting wage increase to workmen at crucial periods of trade union organisation, with a
view to undermining the efforts of the trade union organisation.
2. To dominate, interfere with or contribute support, financial or otherwise, to an y trade union, that is
to say:
(a) an employer taking an active interest in organising a trade union of his workmen; and
(b) an employer showing partiality or granting favour to one of several trade unions attempting
to organise his workmen or to its members, where such a trade union is not a recognised trade
union.
3. To establish employer sponsored trade unions of workmen.
4. To encourage or discourage membership in any trade union by discriminating agains t any
workman, that is to say:
(a) discharging or punishing a workman, because he urged other workmen to join or organis e a
trade union;
(b) discharging or dismissing a workman for taking part in any strike (not being as trike which is
deemed to be an illegal strike under this Act);
(c) changing seniority rating of workmen because of trade union activities;
(d) refusing to promote workmen to higher posts on account of their trade union activities;
(e) giving unmerited promotions to certain workmen with a view to creating discord amongst
other workmen, or to undermine the strength of their trade union;
(f) discharging office -bearers or active members of the trade union on account of their trade
union activities.
5. To discharge or dismiss workmen
(a) by way of victimisation;
(b) not in good faith, but in the colourable exercise of the employer's rights;
(c) by falsely implicating a workman in a criminal case on false evidence or on concocted
evidence;
(d) for patently false reasons;
(e) on u ntrue or trumped up allegation of absence without leave;
(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with
undue h aste;
1. Ins. by Act 46 of 1982, s. 23 (w.e.f. 21 -8-1984).
69
(g) for misconduct of a minor or technical character, without having any regard to the nature of
the particular misconduct or the past record or service of the workman, thereby leading to a
disproportionate punishment.
6. To abolish the work of a reg ular nature being done by workmen, and to give such work to
contractors as a measure of breaking a strike.
7. To transfer a workman mala fide from one place to another, under the guise of following
management policy.
8. To insist upon individual workmen, w ho are on a legal strike to sign a good conduct bond, as a
pre-condition to allowing them to resume work.
9. To show favouritism or partiality to one set of workers regardless of merit.
10. To employ workmen as badlis , casuals or temporaries and to continue them as such for years,
with the object of depriving them of the status and privileges of permanent workmen.
11. To discharge or discriminate against any workman for filing charges or testifying against an
employer in any enquiry or proceeding relating to any industrial dispute.
12. To recruit workmen during a strike which is not an illegal strike.
13. Failure to implement award, settlement or agreement.
14. To indul ge in acts of force or violence.
15. To refuse to bargain collectively, in good faith with the recognised trade unions.
16. Proposing or continuing a lock -out deemed to be illegal under this Act.
II.On the part of workmen and trade unions of workmen
1. To advise or actively support or instigate any strike deemed to be illegal under t his Act.
2. To coerce workmen in the exercise of their right to self -organisation or to join a trade union or
refrain from joining an y trade union, that is to say:
(a) for a trade union or its members to picketing in such a manner that non -striking workme n are
physically debarr ed from entering the work place ;
(b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with
a strike against non -striking workmen or against managerial staff.
3. For a recognised union to refuse to bargain collectively in good faith with the employer.
4. To indulge in coercive activities against certification of a bargaining representative.
5. To stage, encourage or instigate such forms of corrective actions as willful go slow , squatting on
the work premises after working hours or gherao of any of the members of the managerial or other
staff.
6. To stage d emonstrations at the residence of the employers or the managerial staff members.
7. To incite or indulge in willful damage to employer 's property connected with the industry.
8. To indulge in acts of force or violence or to hold out threats of intimidation against any workman
with a view to p revent him from attending work. ]
70
STATE AMENDMENT
Andhra Pradesh
In Schedule V
In the Fifth Schedule, under the heading II on the part of workmen and trade unions of workmen,
to item 5, the following exp lanation shall be added namely:
Explanation :For the purpose of this paragraph, 'go slow' means any such activity by any
number of persons, emp loyed in any industry, acting in combination or with common understanding,
to slow down or to delay the process of production or work purposely whether called by work to rule
or by any other name so as the fixed or average or normal level of production or work or output of
workman or workmen of the establishment is not achieved:
Provided that all necessary ingredients or inputs for standard quality production or work are made
available in time and in sufficient quantity. .
[Vide Andhra Pradesh Act 12 of 201 5, s. 4]
Rajasthan
Amendment of Fifth Schedule, Central Act No. 14 of 1947. - After the existing paragraph 5 of Part
II to the Fifth Schedule of the principal Act, the following shall be added, namely: -
Explanation .- For the purpose of this paragraph, go slow means any such activity by any number of
persons, employed in any industry, acting in combination or with common understanding, to slow down
or to delay the process of production or work purposely whether called by work to rule or by any other
name, so as the fixed or average or normal level of production or work or output of workman or workmen
of the establishment is not achieved:
Provided that all necessary ingredients or inputs for standard quality production or work are made
available in time and in sufficient quantity..
[Vide Rajasthan Act 21 of 2014, s. 10] |
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019
ACT NO. 20 OF 2019
[31st July , 2019.]
An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by
their husbands and to provide 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 and commencement. (1) This Act may be called the Muslim Women
(Protection of Rights on Marriage) Act, 2019.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir *.
(3) It shall be deemed to have come into force on the 19th day of September, 2018.
2. Definitions .In this Act, unless t he context otherwise requires,
(a) electronic form shall have the same meaning as assigned to it in clause (r) of sub -section ( 1)
of section 2 of the Information Technology Act, 2000 (21 of 2000);
(b) Magistrate means a Judicial Magistrate of the first class exercising jurisdiction under the
Code of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides;
and
(c) talaq means talaq -e-biddat or any other similar form of talaq having the effect of
instantaneous and irrevocable divorce pronounced by a Muslim husband.
CHAPTER II
DECLARATI ON OF TALAQ TO BE VOID AND ILLEGAL
3. Talaq to be void and illegal .Any pronouncement of talaq by a Muslim husband upon his wife, by words,
either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
4. Punishment for pronouncing talaq .Any Muslim husband who pronounces talaq referred to in
section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years,
and shall also be liable to fine.
CHAPTER III
PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN
5. Subsistence allowance .Without prejudice to the generality of the provisions contained in any
other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be
entitled to receive from her husband such amount of subsistence allowance, for her a nd dependent
children, as may be determined by the Magistrate.
6. Custody of minor children .Notwithstanding anything contained in any other law for the time
being in force, a married Muslim woman shall be entitled to custody of her minor children in the e vent of
pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
7. Offence to be cognizable, compoundable, etc .Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 ( 2 of 1974),
(a) an offence pu nishable under this Act shall be cognizable, if information relating to the
commission of the offence is given to an officer in charge of a police station by the married Muslim
woman upon whom talaq is pronounced or any person related to her by blood or ma rriage;
(b) an offence punishable under this Act shall be compoundable, at the instance of the married
Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms
and conditions as he may determine;
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
3
(c) no person accused of an offence punishable under this Act shall be released on bail unless the
Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon
whom talaq is pronounced, is satisfied that there are reason able grounds for granting bail to such
person.
8. Repeal and savings .(1) The Muslim Women (Protection of Rights on Marriage) Second
Ordinance, 2019 (Ord. 4 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken und er the Muslim Women
(Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019), shall be deemed to have
been done or taken under the provisions of this Act.
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