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Return on investment. The company shall explain the items included in numerator and denominator for computing the above ratios. Further explanation shall be provided for any change in the ratio by more than 25% as compared to the preceding year. (xiii) Compliance with approved Scheme(s) of Arrangements Where any Scheme of Arrangements has been approved by the Competent Authority in terms of sections 230 to 237 of the Companies Act, 2013, the Company shall disclose that the effect of such Scheme of Arrangements have been accounted for in the books of account of the Company in accordance with the Scheme and in accordance with accounting s tandards and deviation in this regard shall be explained. (xiv) Utilisation of Borrowed funds and share premium: (A) Where company has advanced or loaned or invested funds (either borrowed funds or share premium or any other sources or kind of funds) to any other person(s) or entity (ies), including foreign entities (Intermediaries) with the understanding (whether recorded in writing or otherwise) that the Intermediary shall 299 (i) directly or indirectly lend or invest in other persons or entities identifie d in any manner whatsoever by or on behalf of the company (Ultimate Beneficiaries) or (ii) provide any guarantee, security or the like to or on behalf of the Ultimate Beneficiaries; the company shall disclose the following: - (I) date and amount of fund advanced or loan ed or invested in Intermediaries with complete details of each Intermediary. (II) date and amount of fund further advanced or loaned or invested by such Intermediaries to other intermediaries or Ultimate Beneficiaries alongwith complete details of the ultimate beneficiaries. (III) date and amount of guarantee, security or the like provided to or on behalf of the Ultimate Beneficiaries. (IV) decla ration that relevant provisions of the Foreign Exchange Management Act, 1999 (42 of 1999) and Companies Act has been complied with for such transactions and the transactions are not violative of the Prevention of Money -Laundering act, 2002 (15 of 2003); (B) Where a company has received any fund from any persons (s) or entity(ies), including foreign entities (Funding Party) with the understanding (whether recorded in writing or otherwise) that the company shall (i) directly or indirectly lend or invest in other persons or entities identified in any manner whatsoever by or on behalf of the Funding Par ty (Ultimate Beneficiaries) or (ii) provide any guarantee, security or the like on behalf of the Ultimate Beneficiaries, the company shall disclose the following: - (I) date and amount of fund received from Funding parties with complete details of each Fund ing party. (II) date and amount of fund further advanced or loaned or invested other intermediaries or Ultimate Beneficiaries alongwith complete details of the other intermediaries or ultimate beneficiaries. (III) date and amount of guarantee, security or the like provided to or on behalf of the Ultimate Beneficiaries (IV) declaration that relevant provisions of the Foreign Exchange Management Act, 1999 (42 of 1999) and Companies Act has been complied with for such transactions and the transactions are not violative of the Prevention of Money -Laundering act, 2002 (15 of 2003). ] PART II STATEMENT OF PROFIT AND LOSS Name of the Company. Profit and loss statement for the year ended (Rupees in) Particulars Note No. Figures as at the end of current reporting period Figures as at the end of the previous reporting period 1 2 3 4 I. Revenue from operations xxx xxx II. Other income xxx xxx III. Total 1[Income ] (I + II) xxx xxx IV. Expenses: Cost of materials consumed Purchases of Stock -in-Trade 1. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for Revrnue (w .e.f. 1 -4-2021). 300 Changes in inventories of finished goods xxx xxx work -in-progress and xxx xxx Stock -in-Trade xxx xxx Employee benefits expense xxx xxx Finance costs Depreciation and amortisation expense Other expenses 1 2 3 4 Total expenses xxx xxx V. Profit before exceptional and extraordinary items and tax (III - IV) xxx xxx VI. Exceptional items xxx xxx VII. Profit before extraordinary items and tax (V - VI) xxx xxx VIII. Extraordinary items xxx xxx IX. Profit before tax (VII - VIII) xxx xxx X. Tax expense: (1) Current tax xxx xxx (2) Deferred tax xxx xxx XI. Profit (Loss) for the period from continuing operations (VII -VIII) xxx xxx XII. Profit/(loss) from discontinuing operations xxx xxx XIII. Tax expense of discontinuing operations xxx xxx XIV. Profit/(loss) from Discontinuing operations (after tax) (XII -XIII) xxx xxx XV. Profit (Loss) for the period (XI + XIV) xxx xxx XVI. Earnings per equity share: (1) Basic xxx xxx (2) Diluted xxx xxx 301 See accompanying notes to the financial statements. GENERAL INSTRUCTIONS FOR PREPARATION OF STATEMENT OF PROFIT AND LOSS 1. The provisions of this Part shall apply to the income and expenditure account referred to in sub -clause (ii) of clause ( 40) of section 2 in like manner as they apply to a statement of profit and loss. 2. (A) In respect of a company other than a finance company revenue from operations shall disclose separately in the notes revenue from (a) Sale of products; (b) Sale of services; 1[(ba) Grants or donations received (relevant in case of section 8 companies only)] (c) Other operating revenues; Less: (d) Excise duty. (B) In respect of a finance company, revenue from operations shall include revenue from (a) Interest; and (b) Other financial services. Revenue under each of the above head s shall be disclosed separately by way of notes to accounts to the extent applicable. 3. Finance Costs Finance costs shall be classified as: (a) Interest expense; (b) Other borrowing costs; (c) Applicable net gain/loss on foreign currency transactions and translation. 4. Other income Other income shall be classified as: (a) Interest Income (in case of a company other than a finance company); (b) Dividend Income; (c) Net gain/loss on sale of investments; (d) Other non -operating income (net of expenses directly attributable to such income). 5. Additional Information A Company shall disclose by way of notes additional information regarding aggregate expenditure and income on the following items: (i) (a) Employee Benefits Expense [showing separately ( i) salaries and wages, (ii) contribution to provident and other funds, ( iii) expense on Employee Stock Option Scheme (ESOP) and Employee Stock Purchase Plan (ESPP), ( iv) staff welfare expenses]. (b) Depreciation and amortisation expense; (c) Any item of income or expenditure which exceeds one per cent. of the revenue from operations or Rs.1,00,000, whichever is higher; 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 302 (d) Interest Income; (e) Interest expense; (f) Dividend income; (g) Net gain/loss on sale of investments; (h) Adjustments to the carrying amoun t of investments; (i) Net gain or loss on foreign currency transaction and translation (other than considered as finance cost); (j) Payments to the auditor as ( a) auditor; ( b) for taxation matters; ( c) for company law matters; ( d) for management services; (e) for other services; and ( f) for reimbursement of expenses; (k) In case of Companies covered under section 135, amount of expenditure incurred on corporate social responsibility activities; (l) Details of items of exceptional and extraordinary nature; (m) Prior period items; (ii) (a) In the case of manufacturing companies, (1) Raw materials under broad heads. (2) goods purchased under broad heads. (b) In the case of trading companies, purchases in respect of goods traded in by the company under broad heads. (c) In the case of companies rendering or supplying services, gross income derived from services rendered or supplied under broad heads. (d) In the case of a company, which falls under more than one of the categories mentioned in ( a), (b) and ( c) above, it shall be sufficient compliance with the requirements herein if purchases, sales and consumption of raw material and the gross income from services rendered is shown under broad heads. (e) In the case of other companies, gross income derived under b road heads. (iii) In the case of all concerns having works in progress, works -in-progress under broad heads. (iv) (a) The aggregate, if material, of any amounts set aside or proposed to be set aside, to reserve, but not including provisions made to meet an y specific liability, contingency or commitment known to exist at the date as to which the balance sheet is made up. (b) The aggregate, if material, of any amounts withdrawn from such reserves. (v) (a) The aggregate, if material, of the amounts set aside t o provisions made for meeting specific liabilities, contingencies or commitments. (b) The aggregate, if material, of the amounts withdrawn from such provisions, as no longer required. (vi) Expenditure incurred on each of the following items, separately for each item: (a) Consumption of stores and spare parts; (b) Power and fuel; (c) Rent; (d) Repairs to buildings; (e) Repairs to machinery; (f) Insurance; (g) Rates and taxes, excluding, taxes on income; 303 (h) Miscellaneous expenses, (vii) (a) Dividends from s ubsidiary companies. (b) Provisions for losses of subsidiary companies. (viii) The profit and loss account shall also contain by way of a note the following information, namely: (a) Value of imports calculated on C.I.F basis by the company during the financial year in respect of I. Raw materials; II. Components and spare parts; III. Capital goods; (b) Expenditure in foreign currency during the financial year on account of royalty, know -how, professional and consultation fees, interest, and other matte rs; (c) Total value if all imported raw materials, spare parts and components consumed during the financial year and the total value of all indigenous raw materials, spare parts and components similarly consumed and the percentage of each to the total cons umption; (d) The amount remitted during the year in foreign currencies on account of dividends with a specific mention of the total number of non -resident shareholders, the total number of shares held by them on which the dividends were due and the year to which the dividends related; (e) Earnings in foreign exchange classified under the following heads, namely: I. Export of goods calculated on F.O.B. basis; II. Royalty, know -how, professional and consultation fees; III. Interest and dividend; IV. Other income, indicating the nature thereof. Note: Broad heads shall be decided taking into account the concept of materiality and presentation of true and fair view of financial statements. 1[(ix) Undisclosed income: - The Comp any shall give details of any transaction not recorded in the books of accounts that has been surrendered or disclosed as income during the year in the tax assessments under the Income Tax Act, 1961 (such as, search or survey or any other relevant provisions of the Income Tax Act, 1961 ), unless there is immunity for disclosure under any scheme and also shall state whether the previously unrecorded income and related assets have been properly recorded in the books of account during the year.; (x) Corporate Social Responsibility (CSR) Whe re the company covered under section 135 of the companies act, the following shall be disclosed with regard to CSR activi ties:- (a) amount required to be spent by the company during the year, (b) amount of expenditure incurred, (c) shortfall at the end of the year, (d) total of previous years shortfall, (e) reason for shortfall, (f) nature of CSR activities (g) details of related party t ransactions, e.g., contribution to a trust controlled by the company in relation to CSR expenditure as per relevant Accou nting Standard, (h) where a provision is made with respect to a liability incurred by entering into a contractual obligation, the movements in the provision during the year should be shown separately. 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 304 (xi) Details of Crypto Currency of Virtual Currency Whe re the Company has traded or invested in Crypto currency or Virtual Currency during the financial year, the following shall be disclosed: - (a) profit or loss on transactions involving Crypto currency or Virtual Currency (b) amount or currency held as at th e reporting date, (c) deposits or advances from any person for the purpose of trading or investing in Crypto Currency/virtual currency.] GENERAL INSTRUCTIONS FOR THE PREPARATION OF CONSOLIDATED FINANCIAL STATEMENTS 1. Where a company is required to prepare Consolidated Financial Statements, i.e., consolidated balance sheet and consolidated statement of profit and loss, the company shall mutatis mutandis follow the requirements of this Schedule as applicable to a comp any in the preparation of balance sheet and statement of profit and loss. In addition, the consolidated financial statements shall disclose the information as per the requirements specified in the applicable Accounting Standards including the following: (i) Profit or loss attributable to minor

as per the requirements specified in the applicable Accounting Standards including the following: (i) Profit or loss attributable to minority interest and to owners of the parent in the statement of profit and loss shall be presented as allocation for the period. (ii) Minority interests in the balance sheet within equity shall be presented separately from the equity of the owners of the parent. 2. In Consolidated Financial Statements, the following shall be disclosed by way of additional information: Name of the entity in the Net Assets , i.e., total assets minus total liabilities Share in profit or loss As % of consolidated net assets Amount As % of consolidated profit or loss Amount 1 2 3 4 5 Parent Subsidiaries Indian 1. 2. 3. . . Foreign 1. 2. 305 1 2 3 4 5 3. . . Minority Interest in all subsidiaries Associates (Investment as per the equity method) Indian 1. 2. 3. . . Foreign 1. 2. 3. . . Joint Ventures (as per proportionate consolidation/ investment as per the equity method) Indian ________________________________ _______________________________ 1. 2. 3. . . Foreign 1. 2. 3. . . Total 306 3. All subsidiaries, associates and joint ventures (whether Indian or foreign) will be covered under consolidated financial statements. 4. An entity shall disclose the list of subsidiaries or associates or joint ventures which have not been consolidated in the co nsolidated financial statements along with the reasons of not consolidating. 1[Division II Financial Statements for a company whose financial statements are drawn up in compliance of the Companies (Indian Accounting Standards) Rules, 2015. GENERAL INSTURCT IONS FOR PREPARATION OF FINANCIAL STATEMENTS OF A COMPANY REQUIRED TO COMPLY WITH Ind AS 1. Every company to which Indian Accounting Standards apply, shall prepare its financial statements in accordance with this Schedule or with such modification as may be required under certain circumstances. 2. Where compliance with the requirements of the Act including Indian Accounting Standards (except the option of presenting assets and liabilities in the order of liquidity as provided by the relevant Ind AS) as ap plicable to the companies require any change in treatment or disclosure including addition, amendment, substitution or deletion in the head or sub -head or any changes inter se, in the financial or statements forming part thereof, the same shall be made and the requirements under this Schedule shall stand modified accordingly. 3. The disclosure requirements specified in the Schedule are in addition to and not in substitution of the disclosure requirements specified in the Indian Accounting Standards. Additio nal disclosures specified in the Indian Accounting Standards shall be made in the Notes or by way of additional statement or statements unless required to be disclosed on the face of the Financial Statements. Similarly, all other disclosures as required by the Companies Act, 2013 shall be made in the Notes in addition to the requirements set out in this Schedule. 4. (i) Notes shall contain information in addition to that presented in the Financial Statements and shall provide where required - (a) narrative descriptions or disaggregations of items recognised in those statements; and (b) information about items that do not qualify for recognition in those statements. (ii) Each item on the face of the Balance Sheet, Statement of Changes in Equity and Statement of Profit and Loss shall be cross -referenced to any related information in the Notes. In preparing the Financial Statements including the Notes, a balance shall be maintained between providing excessive detail that may not assist users of Financial Stateme nts and not providing important information as a result of too much aggregation. 5. Depending upon the 2[Total Income] of the company, the figures appearing in the Financial Statements shall be rounded off as below: 2[Total Income] Rounding off (i) less than one hundred crore rupees To the nearest hundreds, thousands, lakhs or millions, or decimals thereof. (ii) one hundred crore rupees or more To the nearest, lakhs, millions or crores, or decimals thereof. Once a unit of measurement is used, it should be used uniformly in the Financial Statements. 6. Financial Statements shall contain the corresponding amounts (comparatives) for the immediately preceding reporting period for all items shown in the Financial Statements including Notes except in the case of first Financial Statements laid before the company after incorporation. 1. Ins. by Notification No. G.S.R. 404(E), dated 6th April, 2016 (w.e.f. 6 -4-2016) . 2. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for Turnover (w.e.f. 1 -4-2021). 307 7. Financial Statements shall disclose all material items, i.e., the items if they could, individually or collectively, influence the economic decisions that users make on the basis of the financial statements. Materiality depends on the size or nature of the item or a combination of both, to be judged in the particula r circumstances. 8. For the purpose of this Schedule, the terms used herein shall have the same meanings assigned to them in Indian Accounting Standards. 9. Where any Act or Regulation requires specific disclosures to be made in the standalone financial st atements of a company, the said disclosures shall be made in addition to those required under this Schedule. Note : This Schedule sets out the minimum requirements for disclosure on the face of the Financial Statements, i.e., Balance Sheet, Statement of Cha nges in Equity for the period, the Statement of Profit and Loss for the period (The term Statement of Profit and Loss has the same meaning as Profit and Loss Account) and Notes. Cash flow statement shall be prepared, where applicable, in accordance wit h the requirements of the relevant Indian Accounting Standard. Line items, sub -line items and sub -totals shall be presented as an addition or substitution on the face of the Financial Statements when such presentation is relevant to an understanding of the companys financial position or performance or to cater to industry or sector -specific disclosure requirements or when required for compliance with the amendments to the Companies Act, 2013 or under the Indian Accounting Standards. PART I BALANCE SHEET Name of the Company ...................... Balance Sheet as at ............................ (Rupees in ............... ) Particulars Note No. Figures as at the end of current reporting period Figures as at the end of the previous reporting period 1 2 3 4 (1) ASSETS Non-current assets (2) (a) Property, Plant and Equipment (b) Capital work -in-progress (c) Investment Property (d) Goodwill (e) Other Intangible assets (f) Intangible assets under development (g) Biological Assets other than bearer plants (h) Financial Assets (i) Investments (ii) Trade receivables (iii) Loans (iv) Others (to be specified) (i) Deferred tax assets (net ) (j) Other non -current assets Current assets (a) Inventories (b) Financial Assets (i) Investments (ii) Trade receivables (iii) Cash and cash equivalents (iv) Bank balances other than (iii) above (v) Loans (vi) Others (to be specified) (c) Current Tax Assets (Net) (d) Other current assets 308 Total Assets (1) (2) 1[Trade Payables (A) total outstanding dues of micro enterprises and small enterprises; and (B) total outstanding dues of creditors other than micro enterprises and small enterprises.] (a) EQUITY and LIABILITIES Non-current liabilities (a) Financial Liabilities (i) Borrowings 2[(ia) Lease liabilities ] 1[Trade Payables (A) total outstanding dues of micro enterprises and small enterprises; and (B) total outstanding dues of creditors other than micro enterprises and small enterprises.] (iii) Other financial liabilities (other than those specified in item (b), to be specified) (b) P rovisions (c) Deferred tax liabilities (Net) (d) Other non -current liabilities Current liabilities (a) Financial Liabilities (i) Borrowings 2[(ia) Lease liabilities ] (ii) Trade payables (iii) Other financial liabilities (other than those specified in item (c) (b) Other current liabilities (c) Provisions (d) Current Tax Liabilities (Net ) Total Equity and Liabilities See accompanying notes to the financial statements 3[STATEMENT OF CHANGES IN EQUITY Name of the Company ............................... A. Equity Share Capital (1) Current reporting period Balance at the beginning of the current reporting period Changes in Equity Share Capital due to prior period errors Restated balance at the beginning of the current reporting period Changes in equity share capital during the current year Balance at the end of the current reporting period 1. Subs. by Notification No. G.S.R. 1022(E), dated 11 -10-2018, for "(b) Trade payables" (w.e.f. 11 -10-2018). 2. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 3. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for Statement of Changes in Equity (w.e.f. 1 -4-2021). 309 (2) Previous reporting period Balance at the beginning of the previous reporting period Changes in Equity Share Capital due to prior period errors Restated balance at the beginning of the previous reporting period Changes in equity share capital during the previous year Balance at the end of the previous reporting period B. Other Equity (1) Current reporting period Share applica - tion money pending allotment Equity component of compound financial instruments Reserves and Surplus Debt instru - ments through Other Comprehensive Income Equity Instru - ments through Other Comprehensive Income Effective portion of Cash Flow Hedges Revaluat ion Surplus Exchange differences on trans - lating the financial state- ments of a f orei gn operati on Other items of Other Compre - hensive Income (specify nature) Money received against share warrants Total Capital Reserve 1[Securities Premium Reserve ] Other Reserv es (specif y nature) Retained Earnings Balance at the beginning of the current reporting period Changes in accounting policy or prior period errors Restated balance at the beginning of the current reporting period Total Comprehensive Income for the Current year Dividends Transfer to retained earnings Any other change (to be specified) Balance at the end of the current reporting period (2) Previous reporting period Share application money pending allotment Equity componen t of compound financial instrument s Reserves and Surplus Capital Reserve Secu rities Premium Other Reserves (specify nature) Retained Earnings Debt instruments through Other Comprehen sive Income Equity Instruments through Other Comprehen sive Income Effective portion of Cash Flow Hedges Revaluation Surplus Exchange difference s on translating the financial statements of a foreign operation Other items of Other Compre hensive Income (specify nature) Money received against share warrants Total Balance at the Beginning of the previous reporting period 1. Subs. by Notification No. G.S.R. 1022(E), dated 11th October, 2018, fo r Securities Premium Reserve (w.e.f. 11 -10-2018). 310 Changes in accounting policy/prior period errors Restated balance at the beginning of the previous reporting period Total Comprehensiv e Income for the previous year Dividends Transfer to retained earnings

e Income for the previous year Dividends Transfer to retained earnings Any other change (to be specified) Balance at the end of the previous reporting period Note: Remeasurement of defined benefit plans and fair value changes relating to own credit risk of financial liabilities designated at fair value through profit or loss shall be recognized as a part of retained earnings with separate disclosure o f such items alongwith the relevant amounts in t he Notes or shall be shown as a separate column under Reserves and Surplus.] Notes: GENERAL INSTRUCTIONS FOR PREPARATION OF BALANCE SHEET 1. An entity shall classify an asset as current when - (a) it expects to realise the asset, or intends to sell or consume it, in its normal operating cycle; (b) it holds the asset primarily for the purpose of trading; (c) it expects to realise the asset within twelve months after the reporting period; or (d) the asset is cash or a cash equivalent unless the asset is restricted from being exchanged or used to settle a liability for at least twelve months after the reporting period. An entity shall classify all other assets as non -current. 2. The operating cycle of an entity is the time between the acquisition of assets for processing and their realisation in cash or cash equivalents. When the entitys normal operating cycle is not clearly identifiable, it is assumed to be twelve months. 3. An entity shall classify a liability as current when - (a) it expects to settle the liability in its normal operating cycle; (b) it holds the liability primarily for the purpose of trading; (c) the liability is due to be settled within twelve months after the reporting period; or (d) it does not have an unconditional right to defer settlement of the liability for at least twelve months after the reporting period. Terms of a liability that could, at the option of the counterparty, result in its settlement by the issue of equity instrumen ts do not affect its classification. An entity shall classify all other liabilitie s as non -current. 4. A receivable shall be classified as a trade receivable if it is in respect of the amount due on account of goods sold or services rendered in the normal course of business. 5. A payable shall be classified as a trade payable if i t is in respect of the amount due on account of goods purchased or services received in the normal course of business. 6. A company shall disclose the following in the Notes: 311 A. Non-Current Assets I. Property, Plant and Equipment : (i) Classification shall be given as: (a) Land (b) Buildings (c) Plant and Equipment (d) Furniture and Fixtures (e) Vehicles (f) Office equipment (g) Bearer Plants (h) Others (specify nature) (ii) Assets under lease shall be separately specified under each class of assets. 1[(iii) A reconciliation of the gross and net carrying amounts of each class of assets at the beginning and end of the reportin g period showing additions, disposals, acquisitions through business combinations , amount of change due to revaluation (if change is 10% or more in the aggregate of the net carrying value of each class of Property, Plant and Equipment) and other adjustments and the related depreciation and impairment losses or reversals shall be disclosed separately .] II. Investment Property: A reconciliation of the gross and net carrying amounts of each class of property at the beginning and end of the reporting peri od showing additions, disposals, acquisitions through business combinations and other adjustments and the related depreciation a nd impairment losses or reversals shall be disclosed separately. III Goodwill: A reconciliation of the gross and net carrying amount of goodwill at the beginning and end of the reporting period showing additions, impairments, disposals and other adjustments. IV. Other Intangible assets: (i) Classification shall be given as: (a) Brands or trademarks (b) Computer software (c) Mastheads and publishing titles (d) Mining rights (e) Copyrights, patents, other intellectual property rights, services and operating rig hts (f) Recipes, formulae, models, designs and prototypes (g) Licenses and franchises (h) Others (specify nature) 2[(ii) A reconciliation of the gross and net carrying amounts of each class of assets at the beginning and end of the reporting peri od showing additions, disposals, acquisitions through business combinations , amount of change due to revaluation (if change is 10% or more in the aggregate of the net carrying value of each class of intangible assets) and other adjustments and the related amo rtizati on and impairment losses or reversals shall be disclosed separately .] V. Biological Assets other than bearer plants: A reconciliation of the carrying amounts of each class of assets at the beginning and end of the reporting period showing add itions, disposals , acquisitions through business combinations and other adjustments shall be disclosed separately. 1. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for item (iii) (w.e.f. 1 -4-2021). 2. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for item (ii) (w.e.f. 1 -4-2021). 312 VI. Investments: (i) Investments shall be classified as: (a) Investments in Equity Instruments; (b) Investments in Preference Shares; (c) Investments in Government or trust s ecurities; (d) Investments in debentures or bonds; (e) Investments in Mutual Funds; (f) Investments in partnership firms; or (g) Other investments (specify nature). Under each classification, details shall be given of names of the bodies corporate that are - (i) subsidiaries, (ii) associates, (iii) joint ventures, or (iv) structured entities, in whom investments have been made and the nature and extent of the investment so made in each such body corporate (showing separately investments which are partly -paid). Investments in partnership firms along alongwith names of the firms, their partners, total capital and the shares of each partner shall be disclosed separately. The following shall also be disclosed: (a) Aggregate amount of quoted investments and market value thereof; (b) Aggregate amount of unquoted investments; and (c) Aggregate amount of impairment in value of investments. VII. Trade Receivables: 1[(i) Trade receivables shall be sub -classified as: (a) Trade Receivables considered good Secured; (b) Trade Receivables considered good Unsecured; (c) Trade Receivables which have significant increase in Credit Risk; and (d) Trade Receivables - credit impaired.] (ii) Allowance for bad and doubtful debts shall be disclosed under the relevant heads separately. (iii) Debts due by directors or other officers of the company or any of them either severally or jointly with any other person or debts due by firms or private companies respectively in which any director is a partner or a director or a member should be separat ely stated. 2[(iv) Trade Receivables ageing schedule (Amount in Rs.) Particulars Outstanding for following periods from due date of payment# Less than 6 months 6 months -1 year 1-2 years 2-3 years More than 3 years Total (i) Undisputed Trade Receivables - considered good (ii) Undisputed Trade Receivables - which have significant increase in credit risk 1. Subs. by Notification No. G.S.R. 1022(E), dated 11th October, 2018, for VII. Trade Receivable (w.e.f. 11 -10-2018). 2. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 313 (iii) Undisputed Trade Receivables - credit impaired (iv) Disputed Trade Receivables - considered good (v) Disputed Trade Receivables which have significant increase in credit risk (vi) Disputed T rade Receivables - credit impaired #similar information shall be given where no due date of payment is specified in that case disclosure shall be from the date of the transaction. Unbilled dues shall be disclosed separately;] VIII. Loans: (i) Loans shall be classified as - 1*** (b) Loans to related parties (giving details thereof); and (c) Other loans (specify nature). 2[(ii) Loans Receivables shall be sub -classified as: (a) Loans Receivables considered good Secured; (b) Loans Receivables considered good - Unsecured ; (c) Loans Receivables which have significant increase in Credit Risk; and (d) Trade Receivables - credit impaired.] (iii) Allowance for bad and doubtful loans shall be disclosed under the relevant heads separately. (iv) Loans due by directors or other o fficers of the company or any of them either severally or jointly with any other persons or amounts due by firms or private companies respectively in which any director is a partner or a director or a member should be separately stated. 3[IX. Other financi al assets (i) Security Deposits (ii) Bank deposits with more than 12 months maturity (iii) others (to be specified)] IX. Other non -current assets: Other non -current assets shall be classified as - (i) Capital Advances; and (ii) Advances other than capital advances; (1) Advances other than capital advances shall be classified as: (a) Security Deposits; (b) Advances to related parties (giving details thereof); and (c) Other advances (specify nature). (2) Advances to directors or other officers of the company or any of them either severally or jointly with any other persons or advances to firms or private companies respectively in which any director is a partner or a director or a member should be se parately stated. In case advances are of the nature of a financial asset as per relevant Ind AS, these are to be disclosed under other financial assets separately. 1. Sub -item ( a) omitted by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 2. Subs. by Notification No. G.S.R. 1022(E), dated 11th October, 2018, for VIII. Trade Receivable (w.e.f. 11 -10-2018). 3. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for sub -heading IX and the entries relating thereto (w.e.f. 1 -4-2021). 314 (iii) Others (specify nature). B. Current Assets I. Inventories: (i) Inventories shall be classified as - (a) Raw materials; (b) Work -in-progress; (c) Finished goods; (d) Stock -in-trade (in respect of goods acquired for trading); (e) Stores and spares; (f) Loose tools; and (g) Others (specify nature). (ii) Goods -in-transit shall be disclosed under the relevant sub -head of inventories. (iii) Mode of valuation shall be stated. II. Investments: (i) Investments shall be classified as - (a) Investments in Equity Instruments; (b) Investment in Preference Shares; (c) Investments in government or trust securities; (d) Investments in debentures or bonds; (e) Investments in Mutual Funds; (f) Investments in partnership firms; and (g) Other investments (specify nature). Under each classification, details shall be given of names of the bodies corporate that are - (i) subsidiaries, (ii) associates, (iii) joint ventures, or (iv) structured entities, in whom investments have been made and the nature and extent of the investment so made in each such body corporate (showing separately investments which are partly -paid). (ii) The following shall also be disclosed - (a) Aggregate amount of quoted investments and market value thereof; (b) Aggregate amount of unquoted investments; (c) Aggregate amount of impairment in value of investments. III. Trade Receivables: 1[(i) Trade receivables shall be sub -classified as: (a) Loans Receivables considered good Secured; (b) Loans Receivables considered good - Unsecured; (c) Loans Receivables which have significant increase in Credit Risk; and (d) Trade Receivables - credit impaired .] (ii) Allowance for bad and doubtful debts shall be disclosed under the relevant heads separately. (iii) Debts due by directors or other officers of the company or any of them either severally or jointly with any other person or debts due by firms or private companies respectively in which any director is a partner or a director or a member should be s eparately stated. 1. Subs. by Notification No. G.S.R. 1022(E), dated 11th October, 2018, for III Trade Receivables (w.e.f. 11 -10-2018). 315 1[(iv) For trade rece ivable outstanding, following ageing schedule shall be given: Trade Receivables ageing schedule (Amount in Rs.) Particulars Outstanding for following periods from due date of payment# Less than 6 months 6 months - 1 year 1-2 years 2-3 years More than 3 years Total (i) Undisputed Trade receivables - considered good (ii) Undisputed Trade Receivables -which have significant increase in credit risk (iii) Undisputed Trade Receivables -credit impaired (iv) Disputed Trade Receivables - considered good (v) Disputed Trade Receivables - which have significant increase in credit risk (iv

idered good (v) Disputed Trade Receivables - which have significant increase in credit risk (iv) Disputed Trade Receivables - credit impaired # similar information shall be given where no due date of payment is specified in that case disclosure shall be from the date of the transaction. Unbilled dues shall be disclosed separately.] IV. Cash and cash equivalents: Cash and cash equivalents shall be classified as - a. Balances with Banks (of the nature of cash and cash equivalents); b. Cheques, drafts on hand; c. Cash on hand; and d. Others (specify nature). V. Loans: (i) Loans shall be classified as: (a) 2*** (b) Loans to related parties (giving details thereof); and (c) Others (specify nature). 3[(ii) Trade receivables shall be sub -classified as: (a) Loans Receivables considered good Secured; (b) Loans Receivables considered good - Unsecured; (c) Loans Receivables which have significant increase in Credit Risk; and (d) Trade Receivables - credit impaired .] (iii) Allowance for bad and doubtful loans shall be disclosed under the relevant heads separately. (iv) Loans due by directors or other officers of the company or any of them either severally or jointly with any other person or amounts due by firms or private companies respectively in which any director is a partner or a director or a member shall be separately stated. 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 2. Sub -item ( a) omitted by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 3. Subs. by ibid., for V. Loans (w.e.f. 11 -10-2018). 316 1[VA. Other Financial Assets: This is an all -inclusive heading, which incorporates financial assets that do not fit into any other financial asset categories, such as, Security Deposits.] VI. Other current assets (specify nature): This is an all -inclusive heading, which incorporates current assets that do not fit into any other asset categories. Other current assets shall be classified as - (i) Advances other than capital advances (1) Advances other than capital advances shall be classified as: (a) Security Deposits; (b) Advances to related parties (giving details thereof); (c) Other advances (specify nature). (2) Advances to directors or other officers of the company or any of them either severally or jointly with any other persons or advances to firm s or private companies respectively in which any director is a partner or a director or a member should be separately stated. (ii) Others (specify nature) C. Cash and Bank balances: The following disclosures with regard to cash and bank balances shall be made: (a) Earmarked balances with banks (for example, for unpaid dividend) shall be separately stated. (b) Balances with banks to the extent held as margin money or security against the borrowings, guarantees, other commitments shall be disclosed separately. (c) Repatriation restrictions, if any, in respect of cash and bank balances shall be separately stated. D. Equity I. Equity Share Capital: For each class of equity share capital: (a) the number and amount of shares authorised; (b) the number of shares issued, subscrib ed and fully paid, and subscribed but not fully paid; (c) par value per share; (d) a reconciliation of the number of shares outstanding at the beginning and at the end of the period; (e) the rights, preferences and restrictions attaching to each class of shares including restrictions on the distribution of dividends and the repayment of capital; (f) shares in respect of each class in the company held by its holding company or its ultimate holding company including shares h eld by subsidiaries or associates of the hold ing company or the ultimate holding company in aggregate; (g) shares in the company held by each shareholder holding more than five per cent. shares specifying the number of shares held; (h) shares reserved for issue under options and contracts or commitments for the sale of shares or disinvestment, including the terms and amounts; (i) for the period of five years immediately preceding the date at which the Balance Sheet is prepared - aggregate number and class of shares allotted as fully paid up pursuant to contract without payment being received in cash; aggregate number and class of shares allotted as fully paid up by way of bonus shares; and aggregate number and class of shares bought back; (j) terms of any securities convertible into equity shares issued along with th e earliest date of conversion in descending order starting from the farthest such date; (k) calls unpaid (showing aggregate value of calls unpaid by directors and officers); (l) forfeited shares (amount originally paid up). 2[(m) A company shall disclose Shareholding of Promoters* as under: Shares held by promoters at the end of the year % Change during the year*** S.No Promoter name No. of Shares*** %of total shares Total *Promoter hare means promoter as defined in the Companies Act, 2013. 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 2. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 317 ** Details shall be given separately for each class of shares *** percentage change shall be computed with respect to the number at the begi nning of the year or if issued during the year for the first time then with respect to the date of issue.] II. Other Equity: (i) Other Reserves shall be classified in the notes as - (a) Capital Redemption Reserve; (b) Debenture Redemption Reserve; (c) Share Options Outstanding Account; and (d) Others (specify the nature and purpose of each reserve and the amount in respect thereof); (Additions and deductions since last balance sheet to be shown under each of the specified heads) (ii) Retained Earnings represents surplus i.e. balance of the relevant column in the Statement of Changes in Equity; (iii) A reserve specifically represented by earmarke d investments shall disclose the fact that it is so represented; (iv) Debit balance of Statement of Profit and Loss shall be shown as a negative figure under the head retained earnings. Similarly, the balance of Other Equity, after adjusting negative balance of retained earnings, if any, shall be shown under the head Other Equity even if the resulting figure is in the negative; and (v) Under the sub -head Other Equity, disclosure shall be made for the nature and amount of each item. E. Non-Current Liabi lities I. Borrowings: (i) borrowings shall be classified as - (a) Bonds or debentures (b) Term loans (I) from banks (II) from other parties (c) Deferred payment liabilities (d) Deposits (e) Loans from related parties 1*** (g) Liability component of compound financial instruments (h) Other loans (specify nature); (ii) borrowings shall further be sub -classified as secured and unsecured. Nature of security shall be specified separately in each case. (iii) where loans have been guaranteed by directors or others, the aggregate amount of such loans under each head shall be disclosed; (iv) bonds or debentures (along with the rate of interest, and particulars of redemption or conversion, as the case may be) shall be stated in descending order of maturity or conversion , starting from farthest redemption or conversion date, as the case may be. Where bonds/debentures are redeemable by installments, the date of maturity for this purpose must be reckoned as the date on which the first installment becomes due; (v) particular s of any redeemed bonds or debentures which the company has power to reissue shall be disclosed; (vi) terms of repayment of term loans and other loans shall be stated; and (vii) period and amount of default as on the balance sheet date in repayment of borr owings and interest shall be specified separately in each case. 1. Sub -item ( f) omitted by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 318 II. Provisions: The amounts shall be classified as - (a) Provision for employee benefits; and (b) Others (specify nature). III. Other non -current liabilities; (a) Advances; and (b) Others (specified nature). F. Current Liabilities I. Borrowings: (i) Borrowings shall be classified as - (a) Loans repayable on demand (I) from banks (II) from other parties (b) Loans from related parties (c) Deposits (d) Other loans (specify nature); (ii) borrowings shall further be sub-classified as secured and unsecured. Nature of security shall be specified separately in each case; (iii) where loans have been guaranteed by directors or others, the aggregate amount of such loans under each head shall be disclosed; (iv) perio d and amount of default as on the balance sheet date in repayment of borrowings and interest, shall be specified separately in each case. 1[(v) Current maturities of Long term borrowing shall be disclosed separately.] II. Other Financial Liabilities: Other Financial liabilities shall be classified as - 2*** (c) Interest accrued; (d) Unpaid dividends; (e) Application money received for allotment of securities to the extent refundable and interest accrued thereon; (f) Unpaid matured deposits and interest accr ued thereon; (g) Unpaid matured debentures and interest accrued thereon; and (h) Others (specify nature). Long term debt is a borrowing having a period of more than twelve months at the time of origination III. Other current liabilities: The amounts shall be classified as - (a) revenue received in advance; (b) other advances (specify nature); and (c) others (specify nature); 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f . 1-4-2021). 2. Items ( a) and ( b) omitted by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 319 IV. Provisions: The amounts shall be classified as - (i) provision for employee benefits; and (ii) others (specify nature). 1[FA. Trade Payables The following details relating to Micro, Small and Medium Enterprises shall be disclosed in the notes: - (a) the principal amount and the interest due thereon (to be shown separately) remaining unpaid to any supplier at the end of eac h accounting year; (b) the amount of interest paid by the buyer in terms of section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006) , along with the amount of the payment made to the supplier beyond the appointed day during each accounting year; (c) the amount of interest due and payable for the period of delay in making payment (which have been paid but beyond the appointed day during the year) but without adding the interest specified under the Micro, Small and Medium Enterprises Development Act, 2006; (d) the amount of interest accrued and remaining unpaid at the end of each accounting year; and (e) the amount of further interest remaining due and payable even in the succeeding years, until such date when the interest dues above are actually paid to the small enterprise, for the purpose of disallowance of a deductible expenditure under section 23 of the Micro, Small and Medium Enterprises Development Act, 2006. Explanation .-The terms 'appointed day', 'buyer',' enterprise', 'micro enterprise', 'small enterprise' and 'supplier', shall have the same meaning assigned to those under clauses (b), (d), (e), (h), (m) and (n) respectively of section 2 of the Micro, Small and Med ium Ent erprises Development Act, 2006.] 2[FB. For trade payables due for payment, f ollowing ageing schedule shall be given: Trade payable aging schedule (Amount in Rs.) Particulars Outstanding for following periods from due date of payment# Less than 1 year 1-2 years 2-3 years More than 3 years Total (i) MSME (ii) Others (iii) Disputed dues - MSME (iv) Disputed dues - Others #similar information shall be given where no due date of payment is specified in that case disclosure shall be from the date of the transaction. Unbilled dues shall be disclosed separately] G. The presentation of liabilities associated with group of assets classified as held for sale and non -current assets classified as held for sale shall be in accordance with the relevant Indian Accounting Standards (Ind ASs). H. Contingent Liabilities and Commitments: (to the extent not provided for) (i) Contingent Liabilities shall be classified as - (a) claims against the company not acknowledged as debt; (b) guarantees excluding financial guarantees; and (c) other money for which the company is contingently liable. 1. Ins. by Notification No. G.S.R. 1022(E), dated 11th October, 2018 (w.e.f. 11 -10-2018). 2. Ins. by Notification No. G.S.R. 207(E), dat ed 24th March, 2021, (w.e.f. 1 -4-2021). 320 (ii) Commitments shall be classified as - (a) estimated amount of contracts remaining to be executed on capital account and not provided for; (b) uncalled liability on shares and other investments partly paid; and (c) other commitment s (specify nature). I. The amount of dividends proposed to be distributed to equ

; and (c) other commitment s (specify nature). I. The amount of dividends proposed to be distributed to equity and preference shareholders for the period and the related amount per share shall be disclosed separately. Arrears of fixed cumulative dividends on irredeemable preference shares shall also be disclosed separately. J. Where in respect of an issue of securities made for a specific purpose the whole or part of amount has not been used for the specific purpose at the Balance Sheet date, there shall be indicated by way of note how such unutilised amounts have been used or invested. 1[JA. Where the company has not used the borrowings from banks and financial institutions for the specific purpose for which it was taken at the balance sheet date, the company shall disclose the details of where they have been used.] 2* * * * * 3[L. Additional Regulatory Information (i) Title deeds of Immovable Properties not held in name of the Company The company shall provide the details of all the immovable properties (other than properties where the Company is the lessee and the lease agreements are duly executed in favour of the lessee) whose title deeds are not held in the name of the company in following format and where such immovable property is jointly held with others, deta ils are required to be given to the extent of the companys share. Relevant line item in the Balance sheet Description of item of property Gross carrying value Title deeds held in the name of Whether title deed holder is a promoter, director or relative# of promoter*/director or employee of promoter/director Property held since which date Reason for not being held in the name of the company** PPE - Investment property Land Building Land - - - - **also indicate if in dispute - Non-current asset held for sale - others Building Land Building #Relative here means relative as defined in the Companies Act, 2013. 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 2. Heading K and the entries relating thereto omitted by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021 ). 3. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 321 *Promoter here means promoter as defined in the Companies Act, 2013. (ii) The Company shall disclose as to whether the fair value of investment property (as measured for disclo sure purposes in the financial statements) is based on the valuation by a registered valuer as defined under rule 2 of Companies (Registered Value rs and Valuation) Rules, 2017. (iii) Where the Company has revalued its Property, Plant and Equipment (including Right -of-Use Assets), the company shall disclose as to whether the revaluation is based on the valuation by a registered valuer as defined under rule 2 of Companies (Registered Valuers and Valuation) Rules, 201 7. (iv)Where the company has revalued its intangible assets, the company shall disclose as to whether the revaluation is based o n the valuation by a registered valuer as defined under rule 2 of Companies (Registered Valuers and Valuation) Rules, 2017. (v) The following disclosures shall be made where Loans or Advances in the nature of loans are granted to promoters, director, KMPs and the related parties (as defined under Companies Act, 2013), either severally or jointly with any other person, that are: (a) repayable on demand; or (b) without specifying any terms or period of repayment, Type of Borrower Amount of loan or advance in the nature of loan outstanding Percentage to the total Loans and Advances in the nature of loans Promoter Directors KMPs Related Parties (vi) Capital -Work -in Progress (CWIP) (a) For Capital -work -in progress, following ageing schedule shall be given: CWIP aging schedule (Amount in Rs.) CWIP Amount in CWIP for a period of Total* Less than 1 year 1-2 years 2-3 years More than 3 years Projects in progress Projects temporarily suspended *Total shall tally with CWIP amount in the balance sheet. (b) For capital -work in progress, whose completion is overdue or has exceeded its cost compared to its original plan, following CWIP completion schedule shall be given**: (Amount in Rs.) CWIP To be completed in Less than 1 year 1-2 years 2-3 years More than 3 years Project 1 322 Project 2 ** Details of projects where activity has been suspended shall be given separately. (vii) Intangible assets under development: (a) For Intangible assets under development, following ageing schedule shall be given: Intangible assets under development aging schedule (Amount in Rs.) Intangible assets under development Amount in CWIP for a period of Total* Less than 1 year 1-2 year 2-3 years More than 3 years Projects in progress Projects temporarily suspended *Total shall tally with the amount of Intangible assets under development in the balance sheet. (b) For Intangible assets under development, whose completion is overdue or has exceeded its cost compared to its original pl an, the following Intangible assets under development completion schedule shall be given**: (Amount in Rs.) Intangible assets under development To be completed in Less than 1 year 1-2 years 2-3 years More than 3 years Project 1 Project 2 ** Details of projects where activity has been suspended shall be given separately. (viii) Details of Benami Property held Where any proceeding has been initiated or pending against the company for holding any benami property under the Benami Transactions (Prohibition) Act, 1988 (45 of 1988) and rules made thereunder, the company shall disclose the following: - (a) Details of such property, (b) Amount thereof, (c) Details of Beneficiaries, (d) If property is in the book s, then reference to the item in the Balance Sheet, (e) If property is not in the books, then the fact shall be stated with reasons, (f) Where there are proceedings against the company under this law as an abetter of the transaction or as the transferor th en the details shall be provided, (g) Nature of proceedings, status of same and companys view on same. (ix) where the Company has borrowings from banks or financial institutions on the basis of security of current assets, it shall disclose the following: - 323 (a) whether quarterly returns or statements of current assets filed by the Company with banks or financial institutions are in agreement with the books of accounts; (b) if not, summary of reconciliation and reasons of material discrepancies, if any to be adequately disclosed. (x) Wilful Defaulter * Where a company is a declared wilful defaulter by any bank or financial Institution or other lender, following details shall be given: (a) Date of declaration as willful defaulter, (b) Details of defaults (amount and nature of defaults) * wilful defaulter here means a person or an issuer who or which is categorized as a willful defaulter by any bank or financial institution (as defined under the Companies Act, 2013) or consortium thereof, in accordance with the guidelines on wilful defaulters issued by the Reserve Bank of India. (xi) Relationship with Struck off Companies Where the company has any transactions with companies struck off under section 248 of the Companies Act, 2013 or section 560 of Companies Act, 1956, the Company shall disclose the following details, namely: - Name of struck off Company Nature of transactions with struck - off Company Balance outstanding Relationship with the Struck off company, if any, to be disclosed Investment in securities Receivables Payables Shares held by stuck off company Other outstanding balances (to be specified) (xii) Registration of charges or satisfaction with Registrar of Companies (ROC) Where any charges or satisfaction yet to be registered with ROC beyond the statutory period, details and reasons thereof shall be disclosed. (xiii) Compliance with number of layers of companies Where the company has not complied with the number of layers prescribed under clause (87) of section 2 of the Act rea d with the Companies (Restriction on number of Layers) Rules, 2017, the name and CIN of the companies beyond the specified layers and the relationship or extent of holding of the company in such downstream companies shall be disclosed. (xiv) Following Rati os to be disclosed: - (a) Current Ratio, (b) Debt -Equity Ratio, (c) Debt Service Coverage Ratio, (d) Return on Equity Ratio, (e) Inventory turnover ratio, (f) Trade Receivables turnover ratio, (g) Trade payables turnover ratio, (h) Net capital turnover ratio, (i) Net profit ratio, 324 (j) Return on Capital employed, (k) Return on investment. The company shall explain the items included in numerator and denominator for computing the above ratios. Further explanation shall be provided for any change in the rat io by more than 25% as compared to the preceding year. (xv) Compliance with approved Scheme(s) of Arrangements Where the Scheme of Arrangements has been approved by the Competent Authority in terms of sections 230 to 237 of the Companies Act, 2013, the com pany shall disclose that the effect of such Scheme of Arrangements have been accounted for in the books of account of the Company in accordance with the Scheme and in accordance with accounting standards and any deviation in this regard shall be explai ned. (xvi) Utilisation of Borrowed funds and share premium: (A) Where company has advanced or loaned or invested funds (either borrowed funds or share premium or any other sources or kind of funds) to any other person(s) or entity(ies), including foreign entities (Intermediaries) with the understanding (whether recorded in writing or otherwise) that the Intermediary shall (i) directly or indirectly lend or invest in other persons or entities identified in any manner whatsoever by or on behalf of the compan y (Ultimate Beneficiaries) or (ii) provide any guarantee, security or the like to or on behalf of the Ultimate Beneficiaries; the company shall disclose the following: - (I) date and amount of fund advanced or loaned or invested in Intermediaries with complete details of each Intermediary. (II) date and amount of fund further advanced or loaned or invested by such Intermediaries to other intermediaries or Ultimate Beneficiaries alongwith complete details of the ultimate beneficiaries. (III) date and amo unt of guarantee, security or the like provided to or on behalf of the Ultimate Beneficiaries (IV) declaration that relevant provisions of the Foreign Exchange Management Act, 1999 (42 of 1999) and Companies Act has been complied with for such transactions and the transactions are not violative of the Prevention of Money -Laundering act, 2002 (15 of 2003).; (B) Where a company has received any fund from any person(s) or entity(ies), including foreign entities (Funding Party) with the understanding (whether r ecorded in writing or otherwise) that the company shall (i) directly or indirectly lend or invest in other persons or entities identified in any manner whatsoever by or on behalf of the Funding Party (Ultimate Beneficiaries) or (ii) provide any guarantee, security or the like on behalf of the Ultimate Beneficiaries, the company shall disclose the following: - (I) date and amount of fund received from Funding parties with complete details of each Funding party. (II) date and amount of fund further advanced or loaned or invested other intermediaries or Ultimate Beneficiaries alongwith complete details of the other intermediaries or ultimate beneficiaries. (III) date and amount of guarantee, security or the like provided to or on behalf of the Ultimate Benefici aries (IV) declaration that relevant provisions of the Foreign Exchange Management Act, 1999 (42 of 1999) and Companies Act has been complied with for such transactions and the transactions are not violative of the Prevention of Money -Laundering act, 2002 (15 of 2003). 7. When a company applies an accounting policy retrospectively or makes a restatement of items in the financial statements or when it reclassifies items in its financial statements, the company shall attach to the Balance Sheet, a Balance Sheet as at the beginning of the earliest comparative period presented. 8. Share application money pending allotment shall be classified into equity or liability in accordance with relevant Indian Acc ounting Standards. Share application money to the extent not re fundable shall be shown under the head Equity and share application money to the extent refundable shall be separately shown under Other financial liabilities. 9. Preference shares including premium received on issue, shall be classified and presented as Equity or Liability in accord ance with the requirements of the relevant Indian Accounting Standards. Accordingly, the disclosure and presentation requirements in this regard applicable to the relevant class of equity or liability shall be applicable mutatis mutandis to the preference shares. For instance, 325 1[plain vanilla] , redeemable preference shares shall be classified and presented under non -current liabilities as borrowings and the disclosure requirements in this regard applicable to such borrowings shall be applicable mutatis mutandis to redeemable preference shares. 10. Compound financial instruments such as convertible debentures, where split into equity and liability components, as per the requirements of the relevant Indian Accounting Standards, shall be classified and presented under the relevant heads in Equi ty and Liabilities 11. Regulatory Deferral Account Balances shall be presented in the Balance Sheet in accord

qui ty and Liabilities 11. Regulatory Deferral Account Balances shall be presented in the Balance Sheet in accordance with the relevant Indian Accounting Standards. PART II STATEMENT OF PROFIT AND LOSS Name of the Company ........................... Statement of Profit and Loss for the pe riod ended ............................... (Rupees in ............... ) Particulars Note No. Figures for the current reporting period Figures for the previous reporting period I Revenue From Operations II Other Income III Total Income (I+II) IV EXPENSES Cost of materials consumed Purchases of Stock -in-Trade Changes in inventories of finished goods, Stock -in -Trade and work -in-progress Employee benefits expense Finance costs Depreciation and amortization expense Other expenses Total expenses (IV) V Profit/(loss) before exceptional items and tax (I - IV) VI Exceptional Items VII Profit/(loss) before tax (V-VI) VIII Tax expense: (1) Current tax (2) Deferred tax IX Profit (Loss) for the period from continuing operations (VII -VIII) X Profit/(loss) from discontinued operations XI Tax expense of discontinued operations XII Profit/(loss) from Discontinued operations (after tax) (X -XI) 1. Ins. by Notification No. G.S.R. 1022(E), dated 11th October, 2018 (w.e.f. 11 -10-2018). 326 XIII Profit/(loss) for the period (IX+XII) XIV Other Comprehensive Income A (i) Items that will not be reclassified to profit or loss (ii) Income tax relating to items that will not be reclassified to profit or loss B (i) Items that will be reclassified to profit or loss (ii) Income tax relating to ite ms that will be reclassified to profit or loss XV Total Comprehensive Income for the period (XIII+XIV)(Comprising Profit (Loss) and Other Comprehensive Income for the period) XVI Earnings per equity share (for continuing operation): (1) Basic (2) Diluted XVII Earnings per equity share (for discontinued operation): (1) Basic (2) Diluted XVIII Earnings per equity share(for discontinued & continuing operations) (1) Basic (2) Diluted See accompanying notes to the financial statements Notes: GENERAL INSTRUCTIONS FOR PREPARATION OF STATEMENT OF PROFIT AND LOSS 1. The provisions of this Part shall apply to the income and expenditure account, in like manner as they apply to a Statement of Profit and Loss. 2. The Statement of Profit and Loss shall include: (1) Profit or loss for the period; (2) Other Comprehensive Income for the period. The sum of (1) and (2) above is Total Comprehensive Income. 3. Revenue from operations shall disclose separately in the notes (a) sale of products (including Excise Duty); (b) sale of services; 1*** 2[(ba) Grants or donations received (relevant in case of section 8 companies only); and] (c) other operating revenues. 4. Finance Costs: Finance costs shall be classified as - (a) interest; (b) dividend on redeemable preference shares; (c) exchange differences regarded as an adjustment to borrowing costs; and (d) other borrowing costs (specify nature). 5 Other income: Other income shall be classified as - 1. The word and omitted by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 2. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 327 (a) interest Income; (b) dividend Income; and (c) other non -operating income (net of expenses directly attributable to such income). 6. Other Comprehensive Income shall be classified into - (A) Items that will not be reclassified to profit or loss (i) Changes in revaluation surplus; (ii) Remeasurements of the defined benefit plans; (iii) Equity Instruments through Other Comprehensive Income; (iv) Fair value changes relating to own credit risk of financial liabilities designated at fair value through profit or loss; (v) Share of Other Comprehensive Income in Associates and Joint Ventures, to the extent not to be classified into profit or loss; and (vi) Others (specify nature). (B) Items that will be reclassified to profit or loss; (i) Exchange differences in translating the financial statements of a foreign operation; (ii) Debt Instruments through Other Comprehensive Inc ome; (iii) The effective portion of gains and loss on hedging instruments in a cash flow hedge; (iv) Share of Other Comprehensive Income in Associates and Joint Ventures, to the extent to be classified into profit or loss; and (v) Others (specify nature). 7. Additional Information: A Company shall disclose by way of notes, additional information regarding aggregate expenditure and income on the following items: (a) employee Benefits expense [showing separately (i) salaries and wages, (ii) contribution to provident and other funds, (iii) share based payments to employees, (iv) staff welfare expenses]. (b) depreciation and amortisation expense; (c) any item of income or expenditure which exceeds one per cent of the revenue from operations or Rs.10,00,000, whichever is higher, in addit ion to the consideration of materiality as specified in clause 7 of the General Instructions for Preparation of Financial Statements of a Company; (d) interest Income; (e) interest Expense; (f) dividend income; (g) net gain or loss on sale of investments; (h) net gain or loss on foreign currency transaction and translation (other than considered as finance cost); (i) payments to the auditor as (a) auditor, (b) for taxation matters, (c) for company law matters, (d) for other services, (e) for reimbursement of expenses; (j) in case of companies covered under section 135, amount of expenditure incurred on corporate social responsibility activities; and (k) details of items of exceptional nature; 328 1[(l) Undisclosed income The Company shall give details of any transaction not recorded in the books of accounts that has been surrendered or disclosed as income during the year in the tax assessments under the Income Tax Act, 1961 (such as, search or survey or any other relevant provisions of the Income Tax Act, 1961), unless there is immunity for disclosure under any scheme and shall also state whether the previously unrecorded income and related assets have been properly recorded in the books of account during the year. (m) Corporate Social Responsibility (CSR) Where the company co vered under section 135 of the Companies Act, the following shall be disclosed with regard to CSR activities: - (i) amount required to be spent by the company during the year, (ii) amount of expenditure incurred, (iii) shortfall at the end of the year, (iv) total of previous years shortfall, (v) reason for shortfall, (vi) nature of CSR activities, (vii) details of related party transactions, e.g., contribution to a trust controlled by the company in relation to CSR expenditure as per relevant Accounting Stan dard, (viii) where a provision is made with respect to a liability incurred by entering into a contractual obligation, the movements in the provision during the year shall be shown separately. (n) details of Crypto Currency or Virtual Currency Where the Co mpany has traded or invested in Crypto currency or Virtual Currency during the financial year, the following shall be disclosed: - (i) profit or loss on transactions involving Crypto currency or Virtual Currency, (ii) amount of currency held as at the repor ting date, (iii) deposits or advances from any person for the purpose of trading or investing in Crypto Currency or virtual currency. ] 8. Changes in Regulatory Deferral Account Balances shall be presented in the Statement of Profit and Loss in accordance with the relevant Indian Accounting Standards. PART III - GENERAL INSTRUCTIONS FOR THE PREPARATION OF CONSOLIDATED FINANCIAL STATEMENTS 1. Where a company is required to prepare Consolidated Financial Statements, i.e., consolidated balance sheet, consolidated statement of changes in equity and consolidated statement of profit and loss, the company shall mutatis mutandis follow the requirements of this Schedule as applicable to a company in the preparation of balance s heet, statement of changes in equity and statement of profit and loss. In addition, the consolidated financial statements shall disclose the information as per the requirements specified in the applicable Indian Accounting Standards notified under the Comp anies (Indian Accounting Standards) Rules 2015, including the following, namely: - (i) Profit or loss attributable to non -controlling interest and to owners of the parent in the statement of profit and loss shall be presented as allocation for the perio d. Further, total comprehensive income for the period attributable to non -controlling interest and to owners of the parent shall be presented in the statement of profit and loss as allocation for the period. The aforesaid disclosures for total compr ehensive income shall also be made in the statement of changes in equity. In addition to the disclosure requirements in the Indian Accounting Standards, the aforesaid disclosures shall also be made in respect of other comprehensive income. (ii) Non -controlling interests in the Balance Sheet and in the Statement of Changes in Equity, within equity, shall be presented separately from the equity of the owners of the parent. (iii) Investments accounted for using the equity method. 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 329 2. In Consolidated Fin ancial Statements, the following shall be disclosed by way of additional information: Name of the entity in the Group Net Assets, i.e., total assets minus total liabilities Share in profit or loss Share in other comprehensive income Share in total comprehensive income As % of consolidate d net assets Amount As % of consolidate d profit or loss Amount As % of consolidated other comprehensi ve income Amount As % of total comprehensi ve income Amount Parent Subsidiaries Indian 1. 2. 3. . . Foreign 1. 2. 3. . . Non-controlling Interests in all subsidiaries Associates (Investment as per the equity method) Indian 1. 2. 330 Foreign 1. 2. 3. . . Joint Ventures (investment as per the equity method) Indian 1. 2. 3. . . Foreign 1. 2. 3. . . Total 3. All subsidiaries, associates and joint ventures (whether Indian or foreign) will be covered under consolidated financial statements. 4. An entity shall disclose the list of subsidiaries or associates or joint ventures which have not been consolidated in the consolidated financial statements along with the reasons of not consolidating.] 1[Division III Financial Statements for a Non -Banking Financial Company (NBFC) whose financial statements are drawn up in comp liance of the Companies (Indian Accounting Standards) Rules, 2015. GENERAL INSTURCTIONS FOR PREPARATION OF FINANCIAL STATEMENTS OF A NON -BANKING FINANCIAL COMPANY (NBFC) THAT IS REQUIRED TO COMPLY WITH INDIAN ACCOUNTING STAND - ARDS (Ind AS) 1. Every Non -Banking Financial company as defined in the Companies (Indian Accounting Standards) (Amend - ment) Rules, 2016 to which Indian Accounting Standards apply, shall prepare its financial statements in accord ance with this Schedule or with such modific ation as may be required under certain circumstances. 2. Where compliance with the requirements of relevant Act, Regulations, Guidelines or Circulars issued by the relevant regulator from time to time including Indian Accounting Standards (Ind AS) (except the option of pre - senting assets and liabilities in accordance with current, non -current classification as provided by relevant Ind AS) as applicable to the NBFCs require any change in treatment or disclosure including addition, amendment, substitution or de letion in the head or sub -head or any changes inter se, in the financial statements or statements forming part thereof, the same shall be made and the requirements under this Schedule shall stand modified accordingly. 3. The disclosure requirements specified in this Schedule are in addition to and not in substitution of the disclosure requirements specified in the Indian Accounting Standards. Additional disclosures specified in the Indian Ac - counting Standards shall be made in the Notes or by way of additiona l statement or statements unless required to be disclosed on the face of the Financial Statements. Similarly, all other disclo sures as required by the Compa nies Act, 2013 shall be made in the Notes in addition to the requirements set out in this Schedule. 1. Ins. by Notification No. G.S.R. 1022(E), dated 11 th October, 2018 (w.e.f. 11 -10-2018). 331 4. (i) Notes shall contain information in addition to that presented in the Financial Statements and shall provide where required - (a) narrative descriptions or disaggregations of items recognised in those statements; and

provide where required - (a) narrative descriptions or disaggregations of items recognised in those statements; and (b) information about items that do not quali fy for recognition in those statements. (ii) Each item on the face of the Balance Sheet, Statement of Changes in Equity and Statement of Profit and Loss shall be cross -referenced to any related information in the Notes. In preparing the Financial Statements including the Notes, a balance shall be maintained between providing excessive details that may not assist users of Financial Statements and not providing important information as a result of too much aggregation. 5. Depending upon the total income of the NBFC, the figures appearing in the Financial Statements shall be rounded off as below: Total Income Rounding off (i) less than one hundred crore rupees To the nearest hundreds, thousands, lakhs or millions, or decimals thereof. (ii) one hundred crore rupees or more To the nearest, lakhs, millions or crores, or decimals thereof. Once a unit of measurement is used, it should be used uniformly in the Financial Statements. 6. Financial Statements shall contain the corresponding amounts (comparatives) for the immediately preceding reportin g period for all items shown in the Financial Statements including Notes except in the case of first Financial Statements after incorporation . 7. Financial Statements shall disclose all material items, i.e., the items if they could, individually or collecti vely, influence the economic decisions that users make on the basis of the financial statements. Materiality depends on the size or nature of the item or a combination of both, to be judged in the particular circumstances. 8. For the purpose of this Schedule, the terms used herein shall have the same meanings assigned to them in Indian Accounting Standards. 9. Where any Act, Regulation, Guidelines or Circulars issued by the relevant regulators from time to time requires specific disclosures to be made in the stan dalone financial statements of an NBFC, the said disclosures shall be made in addition to those required under this Schedule. 10. The NBFCs preparing financial statements as per this Schedule may change the order of presentation of line items on the face of fi nancial statements or order of line items within the schedules in order of liquidity, if appropriate, considering the operations performed by the NBFC. Note: This Schedule sets out the minimum requirements for disclosure on the face of the Financial Statements, i.e., Balance Sheet, Statement of Changes in Equity for the period, the Statement of Profit and Loss for the period (The term Statement of Profit and Loss has the same meaning as Profit and Loss Account) and Notes. Cash flow statement shall be prepared, where applicable, in accordance with the requirements of the relevant Indian Accounting Standard. Line items, sub -line items and sub -totals shall be presented as an addition or substitution on the face of the Financial Statements when such pr esentation is relevant to an understanding of the NBFCs financial position or performance or to cater to categories of NBFCs as prescribed by the relevant regulator or sector -specific disclosure requirements or when required for compliance with the amendm ents to the relevant statutes or under the Indian Accounting Standards. 332 PART I BALANCE SHEET Name of the Non -Banking Financial Company. Balance Sheet as at Particulars Note No. Figures as at the end of current reporting period Figures as at the end of the previous reporting period 1 2 3 ASSETS (1) Financial Assets (a) Cash and cash equivalents (b) Bank Balance other than (a) above (c) Derivative financial instruments (d) Receivables (I) Trade Receivables (II) Other Receivables (e) Loans (f) Investments (g) Other Financial assets (to be specified) (2) Non-financial Assets (a) Inventories (b) Current tax assets (Net) (c) Deferred tax Assets (Net) (d) Investment Property (e) Biological assets other than bearer plants (f) Property, Plant and Equipment (g) Capital work -in-progress (h) Intangible assets under development (i) Goodwill (j) Other Intangible assets (k) Other non-financial assets (to be specified) Total Assets 333 LIABILITIES AND EQUITY LIABILITIES (1) Financial Liabilities (a) Derivative financial instruments (b) Payables (I)Trade Payables (i) total outstanding dues of micro enterprises and small enterprises (ii) total outstanding dues of creditors other than micro enterprises and small enterprises (II) Other Payables (i) total outstanding dues of micro enterprises and small enterprises (ii) total outstanding dues of creditors other than micro enterprises and small enterprises (c) Debt Securities (d) Borrowings (Other than Debt Securities) (e) Deposits (f) Subordinated Liabilities (g) Other financial liabilities(to be specified) (2) Non-Financial Liabilities (a) Current tax liabilities (Net) (b) Provisions (c) Deferred tax liabilities (Net) (d) Other non -financial liabilities(to be specified) (3) EQUITY (a) Equity Share capital (b) Other Equity Total Liabilities and Equity See accompanying notes to the financial statements 1[STATEMENT OF CHANGES IN EQUITY Name of th e Company. A. Equity Share Capital (1) Current reporting period Balance at the beginning of the current reporting period Changes in Equity Shares Capital due to prior period errors Restated balance at the beginning of the current reporting period Changes in equity share capital during the current year Balance at the end of the Current reporting period 1. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for the Heading Statement of Changes in Equity (w.e.f. 1-4-2021). 334 (2) Previous reporting period Balance at the beginning of the previous reporting period Changes in Equity Shares Capital due to prior period errors Restated balance at the beginning of the previous reporting period Changes in equity share capital during the previous year Balance at the end of the previous reporting period B. Other Equity (1) Current reporting period Share application Money pending allotment Equity Component of compound financial instruments Reserves and Surplus Money received against share warrants Total Capital Reserve Securities Premium Other Reserves (specify nature) Retained Earnings Debt instrument through Other Comprehens ive Income Equity Instruments through Other Comprehens ive Income Effective Portion of Cash Flow Hedges Revaluati on Surplus Exchange Differences On translating the financial statements of a foreign Other items of other Compreh ensive Income (specify nature) Balance at the beginning of the current reporting period Changes in accounting Policy/prior Period errors Restated balance at the beginning of the current reporting period Total Comprehensive Income for the current year Dividends Transfer to retained earnings Any other Change (to be specified) Balance at the end of the current Reporting period (2) Previous reporting period Share application Money pending allotment Equity Component of compound financial instruments Reserves and Surplus Money received against share warrants Total Capital Reserve Securities Premium Other Reserves (specify nature) Retained Earnings Debt instrument through Other Comprehens ive Income Equity Instruments through Other Comprehens ive Income Effective Portion of Cash Flow Hedges Revaluati on Surplus Exchange Differences On translating the financial statements of a foreign Other items of other Compreh ensive Income (specify nature) Balance at the beginning of the previous reporting period Changes in accounting policy/prior Period errors Restated balance at the beginning of the previous reporting period Total Comprehensive 335 Income for the previous year Dividends Transfer to retained earnings Any other change (to be specified) Balance at the end of the previous reporting period Note: Remeasurement of defined benefit plans and fair value changes relating to own credit risk of financial liabilities designated at fair value through profit or loss shall be recognised as a part of retained earnings with separate disclosure of such item s alongwith the relevant amounts in the Notes or shal l be shown as a separate column under Reserves and Surplus. ] Notes GENERAL INSTRUCTIONS FOR PREPARATION OF BALANCE SHEET A Non-Banking Financial company shall disclose the following in the notes to accounts: (A) Cash and cash equivalents : Cash and cash equivalents shall be classified as: (i) Cash on hand (ii) Balances with Banks (of the nature of cash and cash equivalents); (iii) Cheques, drafts on hand; and (iv) Others (specify nature). Cash and Bank balances: The following disclosures with regard to cash and bank balances shall be made: (i) Earmarked balances with banks (for example, for unpaid dividend) shall be separately stated. (ii) Balances with banks to the extent held as margin money or security against the borrowings, guarantees, other commitments shall be disclosed separat ely. (iii) Repatriation restrictions, if any, in respect of cash and bank balances shall be separately stated. (B) Derivative financial Instruments 1 Explain use of derivatives 2 Cross -reference to Financial Risks section for management of risks arising from derivatives Part I (Current Year) (Previous Year) Notional amounts Fair Value - Assets Fair Value - Liabilities Notional amounts Fair Value - Assets Fair Value - Liabilities (i)Currency derivatives: -Spot and forwards -Currency Futures -Currency swaps -Options purchased -Options sold (written) -Others Sub total (i) (ii)Interest rate derivatives -Forward Rate Agreements and Interest Rate Swaps -Options purchased 336 -Options sold (written) -Futures -Others Subtotal(ii) (iii)Credit derivatives (iv) Equity linked derivatives (v) Other derivatives (Please specify) Total Derivative Financial Instruments (i)+(ii)+(iii)+(iv)+(v) Part II Included in above (Part I) are derivatives held for hedging and risk management purposes as follows: (i)Fair value hedging: - Currency derivatives - Interest rate derivatives - Credit derivatives - Equity linked derivatives - Others Sub total (i) (ii)Cash flow hedging: - Currency derivatives - Interest rate derivatives - Credit derivatives - Equity linked derivatives 337 - Others Sub total (ii) (iii)Net investment hedging: (iv) Undesignated Derivatives Total Derivative Financial Instruments (i)+ (ii)+(iii)+(iv) With respect to hedges and hedge accounting, NBFCs may provide a description in accordance with the requirements of Indian Accounting Standards, of how derivatives are used for hedging, explain types of hedges recognized for accounting purposes and their usage/application by the entity. (C) Receivables: (i) Receivables shall be sub -classified as: (a) Receivables considered good - Secured; (b) Receivables considered good - Unsecured; (c) Receivables which have significant increase in Credit Risk; and (d) Receivables - credit impaired (ii) Allowance for impairment loss allowance shall be disclosed under the relevant heads separately. (iii) Debts due by directors or other officers of the NBFC or any of them either severally or jointly with any other person or debts due by firms including limited liability partnerships (LLPs), private companies respectively in which any director is a partner or a director or a member should be separately stated. 1[(iv) For trade receivable outstanding, following ageing schedule shall be given: Trade Receivables aging schedule (Amount in Rs.) Particulars Outstanding for following periods from due date of payment# Less than 6 months 6 months - 1 year 1-2 years 2-3 years More than 3 years Total (i) Undisputed Trade receivables - Considered good (ii) Undisputed Trade Receivable which have significant increase in credit risk (iii) Undisputed Trade Receivables credit Impaired (iv) Disputed Trade Receivables -considered good (v)Disputed Trade Receivables - which have

puted Trade Receivables -considered good (v)Disputed Trade Receivables - which have significant increase in credit risk (vi) Disputed Trade Receivables credit impaired 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 338 #similar information shall be given where no due date of payment is specified in that case disclosure shall be from the date of the transaction. Unbilled dues shall be disclosed separately] (D) Loans (Current Year) (Previous Year) Amor - tised cost At Fair Value Sub total Total Amor - tised cost At Fair Value Sub total Total Through Other Compre - hensive Income Through profit or loss Designat - ed at fair value through profit or loss Through Other Comprehen - sive Income Through profit or loss Designat - ed at fair value through profit or loss (1) (2) (3) (4) (5=2+ 3+4) (6=1 + 5) (7) (8) (9) (10) (11=8+ 9+10) (12=(7) + (11) Loans (A) (i) Bills Purchased and Bills Discounted (ii) Loans repayable on Demand (iii) Term Loans (iv) Leasing (v) Factoring (vi) Others (to be specified) Total (A) -Gross Less: Impairment loss allowance Total (A) - Net (B) (i) Secured by tangible assets (ii)Secured by intangible assets (iii) Covered by Bank/Government Guarantees (iv) Unsecured Total (B) -Gross Less: Impairment loss allowance Total (B) -Net (C) (I) Loans in India (i) Public Sector (ii) Others (to be specified) Total (C) - Gross Less: Impairment loss allowance Total(C) (I) -Net (C) (II)Loans outside India Less: Impairment loss allowance Total (C) (II) - Net Total C(I) and C(II) 339 (E) Investments Investments Invest - vest- ments (Current Year) (Previous Year) Amor - tised cost At Fair Value Sub- Total Oth- ers* Total Amor - tised cost At Fair Value Sub-Total Oth- ers* Total Through Other Compre - hensive Income Thro ugh profit or loss Desig - nated at fair value through profit or loss Through Other Compre - hensive Income Thro ugh profit or loss Desig - nated at fair value throug h profit or loss (1) (2) (3) (4) (5)=(2)+ (3)+(4) (6) (7)=(1) + (5)+(6) (8) (9) (10) (11) (12)=(9)+ (10)+(11) (13) (14)=(8)+ (12)+(13) Mutual funds Gov- ernment securi - ties Other ap - proved securi - ties Debt securi - ties Equity instru - ments Subsid - iaries Associ ates Joint Ven- tures Others (speci fy) Total Gross (A) (i) Invest - ments outside India (ii) Invest - ments in India Total (B) Total (A) to tally with (B) Less: Allow - ance for Impair - pair- ment loss (C) Total Net D= (A) -(C) 340 * Other basis of measurement such as cost may be explained as a footnote (F) Investment Property A reconciliation of the gross and net carrying amounts of each class of property at the beginning and end of the reporting period showing additions, disposals, acquisitions through business combinations and other adjustments and the related depreciation and impairment losses or reversals shall be disclosed separately. (G) Biological Assets other than bearer plants: A reconciliation of the carrying amounts of each cla ss of assets at the beginning and end of the reporting period showing additions, disposals, acquisitions through business combinations and other adjustments shall be disclosed separately. (H) Property, Plant and Equipment (i) Classification shall be given as: (a) Land (b) Buildings (c) Plant and Equipment (d) Furniture and Fixtures (e) Vehicles (f) Office equipment (g) Bearer Plants (h) Others (specify nature) (ii) Assets under lease shall be separately specified under each class of asset. 1[(iii) reconciliation of the gross and net carrying amounts of each class of assets at the beginning and end of the reporting period showing additions, disposals, acquisitions through business combinations, amount of change due to revaluation (if change is 10% or more in the aggregate of the net carrying value of each class of Property, Plant and Equipment) and other adjustments and the related depreciation and impairment losses or reversals shall be disclosed separately.] (I) Goodwill A reconciliation of the gross and net carrying amount of goodwill at the beginning and end of the reporting period showing additions, impairments, disposals and other adjustments. (J) Other Intangible assets (iii) Classification shall be given as: (a) Brands or trademarks (b) Computer software (c) Mastheads and publishing titles (d) Mining rights (e) Copyrights, patents, other intellectual property rights, services and operating rights (f) Recipes, formulae, models, designs and prototypes (g) Licenses and franchises (h) Others (specify nature 2[(ii) A reconciliation of the gross and net carrying amounts of each class of assets at the beginning and end of the reporting period showing additions, disposals, acquisitions through business combinations , amount of change due to revaluation (if change is 10% or more in the aggregate of the net carrying value of each class of inta ngible assets) and other adjustments and the related amortization and impairment losses or reversals shall be disclosed separately .] (K) Payables The following details relating to Micro, Small and Medium Enterprises shall be disclosed: (a) the principal amount an d the interest due thereon (to be shown separately) remaining unpaid to any supplier at the 1. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for item (iii) (w.e.f. 1 -4-2021). 2. Subs. by Notification No. G.S.R. 207(E), dated 24th March, 2021, for item (ii) (w.e.f. 1 -4-2021). 341 end of each accounting year; (b) the amount of interest paid by the buyer in terms of section 16 of the Micro, Small and Medium Enterprises Development Act, 2006, along with the amount of the payment made to the supplier beyond the appointed day during each accounting year; (c) the amount of interest due and payable for the period of delay in making payment (which have been paid but beyond the appointed day during the year) but without adding the interest specified under the Micro, Small and Medium Enterprises Development Act, 2006; (d) the amount of interest accrued and remaining unpaid at the end of each accounting year; and (e) the amount of further interest remaining due and payable even in the succeeding years, until such date when the interest dues above are actually paid to the small enterprise, for the purpose of disallowance of a deductible expenditure under section 23 of the Micro, Small and Medium Enterprises Developmen t Act, 2006. Explanation . The terms appointed day, buyer, enterprise, micro enterprise, small enterprise and supplier, shall have the same meaning assigned to those under clauses (b), (d), (e), (h), (m) and (n) respectively of section 2 of the Micro, Small and Medium E nterprises Development Act, 2006. 1[(KA) For trade payables due for payment, following ageing schedule shall be given: Trade Payables aging schedule (Amount in Rs.) Particulars Outstanding for following periods from due date of payment# Less than 1 year 1-2 years 2-3 years More than 3 years Total (i) MSME (ii) Others (iii) Disputed dues - MSME (iv) Disputed dues - Others #similar information shall be given where no due date of payment is specified in that case disclosure shall be from the date of the transaction. Unbilled dues shall be disclosed separately] (L) Debt Securities (Current Year) (Previous Year) At Amortised Cost At Fair Value Through profit or loss Designated at fair value through profit or loss Total At Amortised Cost At Fair Value Through profit or loss Designated at fair value through profit or loss Total (1) (2) (3) (4)=(1)+(2)+(3) (5) (6) (7) (8)=(5)+(6)+(7) Liability component of compound financial instruments Others (Bonds/ Debenture etc.) Total (A) Debt securities in India Debt securities outside India 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 342 Total (B) to tally with (A) (i) bonds or debentures (along with the rate of interest, and particulars of redemption or conversion, as the case may be) shall be stated in descending order of maturity or conversion, starting from earliest redemp - tion or conversion date, as the case may be. Where bonds/debentures are redeemable by installments, the date of maturity for this purpose must be reckoned as the date on which the first installment becomes due; (ii) particulars of any redeemed bonds or debentures which the NBFC has power to reissue shall be disclosed. (M) Borrowings (Other than Debt Securities) (Current Year) (Previous Year) At Amortised Cost At fair value Through profit or loss Designated at fair value through profit or loss Total At Amortised Cost At fair value Through profit or loss Designated at fair value through profit or loss Total (1) (2) (3) (4)=(1)+(2)+(3) (1) (2) (3) (4)=(1)+(2)+(3) (a)Term loans (i)from banks (ii)from other parties (b)Deferred payment liabilities (c)Loans from related parties (d) Finance lease obligations (e)Liability component of compound financial instruments (f)Loans repayable on demand (i)from banks (ii)from other parties (g) Other loans (specify nature) Total (A) Borrowings in India Borrowings outside India Total (B) to tally with (A) (i) Borrowings shall further be sub -classified as secured and unsecured. Nature of security shall be specified separately in each case. (ii) Where borrowings have been guaranteed by directors or others, the aggregate amount of such borrowings under each head shall be disclose d; (iii) terms of repayment of term loans and other loans shall be stated; and (iv) period and amount of default as on the balance sheet date in repayment of borrowings and interest shall be specified separately in each case. (N) Deposits (Current Year) (Previous Year) At Amortised Cost At fair value through profit or loss Designated at fair value through profit or loss Total At Amortised Cost At fair value through profit or loss Designated at fair value through profit or loss Total (1) (2) (3) (4)=(1)+(2)+(3) (5) (6) (7) (8)=(5)+(6)+(7) Deposits (i) Public Deposits 343 (ii) From Banks (iii)From Others Total (O) Subordinated Liabilities (Current Year) (Previous Year) At Amortised Cost At fair value through profit or loss Designated at fair value through profit or loss Total At Amortised Cost At fair value through profit or loss Designated at fair value through profit or

At fair value through profit or loss Designated at fair value through profit or loss Total (1) (2) (3) (4)=(1)+(2)+(3) (5) (6) (7) (8)=(5)+ (6)+(7) Perpetual Debt Instruments to the extent that do not qualify as equity Preference Shares other than those that qualify as Equity Others (specifying the nature and type of instrument issued) Total (A) Subordinated Liabilities in India Subordinated Liabilities outside India Total (B) to tally with (A) (P) Other Financial Liabilities (to be specified) : Other Financial liabilities shall be classified as- (a) Interest accrued; (b) Unpaid dividends; (c) Application money received for allotment of securities to the extent refundable and interest accrued thereon; (d) Unpaid matured deposits and interest accrued thereon; (e) Unpaid matured debentures and interest accrued thereon; (f) Margin money (to be specified);and (g) Others (specify nature) (Q) Provis ions: The amounts shall be classified as- (a) Provision for employee benefits; and (b) Others (specify nature) (R) Other Non -financial liabilities (to be specified): (a) Revenue received in advance; (b) Other advances (Specify nature); and 344 (c) Others (specify nature). (S) Equity Share Capital : For each class of equity share capital: (a) the number and amount of shares authorized; (b) the number of shares issued, subscribed and fully paid, and subscribed but not fully paid; (c) par value per share; (d) a reconciliation of the number of shares outstanding at the beginning and at the end of the period; (e) the rights, preferences and restrictions attaching to each class of shares including restrictions on the distribution of dividends and the repayment of capital; (f) shares in respect of each cla ss in the company held by its holding company or its ultimate holding company including shares held by or by subsidiaries or associates of the holding company or the ultimate holding company in aggregate; (g) shares in the company held by each shareholder holding more than five percent shares specifying the number of shares held; (h) shares reserved for issue under options and contracts/commitments for the sale of shares or disinvestment, including the terms and amounts; (i) For the period of five years immediately preceding the date at which the Balance Sheet is prepared: Aggregate number and class of shares allotted as fully paid up pursuant to contract without payment being received in cash; Aggregate number and class of shares allotted as fully paid up by way of bonus shares; and Aggregate number and class of shares bought back; (j) terms of any securities convertible into equity shares issued along with the earliest date of conversion in descending order starting from the farthest such date; (k) calls unpaid (showing aggregate value of calls unpaid by directors and officers); (l) forfeited shares (amount originally paid up) (m) An NBFC shall disclose information that enables users of its financial statements to evaluate the NBFCs objectives, policies and processes for managin g capital. 1[(n) A Company shall disclose Shareholding of Promoter* as below: Shares held by promoters at the end of the year % Change during the year*** S.No Promoter Name No. of Shares ** %of total shares** Total *Promoter here means promoter as defined in the Companies Act, 2013. ** Details shall be given separately for each class of shares *** percentage change shall be computed with respect to the number at the beginning of the year or if issued during the year for the first time then with resp ect to the date of issue. ] (T) Other Equity (i) Other Reserves shall be classified in the notes as: (a) Capital Redemption Reserve; (b) Debenture Redemption Reserve; (c) Share Options Outstanding Account; (d) Statutory Reserves; and (e) Others (specify the nature and purpose of each reserve and the amount in respect thereof); (Additions and deductions since last balance sheet to be shown under each of the specified heads) (iii) Retained Earnings represents surplus i.e. balance of the relevant column in the Statement of Changes in 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 345 Equi ty; (iv) A reserve specifically represented by earmarked investments shall disclose the fact that it is so represented; (v) Debit balance of Statement of Profit and Loss shall be shown as a negative figure under the head retained earnings. Similarly, the balance of Other Equity, after adjusting negative balance of retained earnings, if any, shall be shown under the head Other Equity even if the resulting figure is in the negative; (vi) Under the sub -head Other Equity, disclosure shall be made for the nature and a mount of each item; and (vii) Under the sub -head Other Equity, disclosure shall be made for conditions or restrictions for distribution attached to statutory reserves. (U) Contingent Liabilities and commitments (to the extent not provided for) (i) Contingent Liabilit ies shall be classified as: (a) Claims against the company not acknowledged as debt; (b) Guarantees excluding financial guarantees; and (c) Other money for which the company is contingently liable (ii) Commitments shall be classified as: (a) Estimated amount of contracts remaining to be executed on capital account and not pro - vided for; (b) Uncalled liability on shares and other investments partly paid; (c) Other commitments (specify nature). (V) The amount of dividends proposed to be distributed to equity and preference shareholders for the period and the related amount per share shall be disclosed separately. Arrears of fixed cumulative dividends on irredeemable preference shares shall also be disclosed separately. (W) Where in respect of an issue of securities made for a specific purpo se the whole or part of amount has not been used for the specific purpose at the Balance Sheet date, there shall be indicated by way of note how such unutilized amounts have been used or invested. 1[(WA) Where the company has not used the borrowings from b anks and financial institution for the specific purpose for which it was taken at the balance sheet date, the company shall disclose the details of where they have been used; (WB) Additional Regulatory Information (i) Title deeds of Immovable Properties not held in name of the Company The company shall provide the details of all the immovable property (other than properties where the Company is the lessee and the lease agreements are duly executed in favour of the lessee) whose title deeds are not held in the name of the company in following format and where such immovable property is jointly held with others, details are required to be given to the extent of the companys share. Relevant line item in the Balance sheet Description of item of property Gross carrying value Title deeds held in the name of Whether title deed holder is promoter, director or relative # of promoter/direc tor or employee of promoter/director Property held since which date Reason for not being held in the name of the company** PPE - Investment Property - Non- current asset held for sale Land Building Land Building Land Building - - - - *** also Indicate if in dispute 1. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). 346 others #Relative here means relative as defined in the Companies Act, 2013. *Promoter here means promoter as defined in the Companies Act, 2013. (ii) The company shall disclose as to whether the fair value of investment property (as measured for disclosure purposes in the financial statements) is based on the valuation by a registered valuer as defined under rule 2 of Companies (Registered Valuers and Valuation) Rules, 2017. (iii) Where the Company has revalued its Property, Plant and Equipment (including Right -of-Use Assets), the company shall disclose as to whether the revaluation is based on valuation by a Registered Valuer as defined under rule 2 of Companies (Registered Valuers and Valuation) Rules, 2017. (iv) Where the Company has revalued its Intangible assets, the company shall disclose as to whether the revaluation is based on valuation by a Registered Valuer as defined under rule 2 of Companies (Registered Valuers and Valuation) Rules, 2017. (v) Following disclosures shall be made where loans or advances in the nature of loans are granted to promoters, directors, KMPs and the related par ties (as defined under the Companies Act, 2013), either severally or jointly with any other person that are: (a) repayable on demand or (b) without specifying any terms or period of repayment Type of Borrower Amount of loan or advances in the nature of loa n outstanding Percentage to the total Loans and Advances in the nature of loans Promoter Directors KMPs Related parties (iv) Capital -work -in Progress (CWIP) (a) For Capital -work -in progress, following ageing schedule shall be given: CWIP aging schedule (Amount in Rs.) CWIP Amount in C WIP for a period of Total* Less than 1 year 1-2 years 2-3 years More than 3 years Projects in progress Projects temporarily suspended *Total shall tally with CWIP amount in the balance sheet. (b) For capital -work -in progress, whose completion is overdue or has exceeded its cost compared to its original plan, following CWIP complet ion schedule shall be given**: (Amount in Rs.) CWIP To be completed in Less than 1 year 1-2 years 2-3 years More than 3 years Project 1 347 Project 2 ** Details of projects where activity has been suspended shall be given separately. (vii) Intangible assets under development: (a) For Intangi ble assets under development, following ageing schedule shall be given: Intangible assets under development aging schedule (Amount in Rs.) Intangible assets under development Amount in CWIP for a period of Total* Less than 1 year 1-2 years 2-3 years More than 3 years Projects in progress Projects temporarily suspended *Total shall tally with the amount of Intangible assets under development in the balance sheet. (b) For Intangible assets under development, whose completion is overdue or has exceeded its cost compared to its original plan, following Intangible assets under development completion schedule shall be given**: (Amount in Rs.) Intangible assets under development To be completed in Less than 1 year 1-2 years 2-3 years More than 3 years Project 1 Project 2 **Details of projects where activity has been suspended shall be given separately. (viii) Details of Benami Property held Where any proceedings have been initiated or pending against the company for holding any benami property under the Benami Transactions (Prohibition) Act, 1988 (45 of 1988) and rules made thereunder, the company shall disclose the following: - (a) Details of such property, (b) Amount thereof, (c) Deta ils of Beneficiaries, (d) If property is in the books, then reference to the item in the Balance Sheet, (e) If property is not in the books, then the fact shall be stated with reasons, (f) Where there are proceedings against the company under this law as an abetter of the transaction or as the transferor then the details shall be provided. (g) Nature of proceedings, status of same and companys view on same. (ix) Where the Company has borrowings from banks or financial institutions on the basis of security of current assets, it shall disclose the following: - (a) whether quarterly returns or statements of current assets filed by the Company with banks or financial institutions are in agreement with the books of accounts, (b) if not, summary of reconciliation and reasons of material discrepancies if any to be adequately disclosed. 348 (X) Wilful Defaulter* Where a company is a declared wilful defaulter by any bank or financial Institution or other lender, following details shall be given, namely: - (a) date of declaration as wilful defaulter, (b) details of defaults (amount and nature of defaults). *wilful defaulter here means a person or an issuer who or which is categorized as a willful defaulter by any bank or financial institution (as defined under the Companies Act, 2013) or consortium thereof, in accordance with the guidelines on wilful defaulters issued by the Reserve Bank of India. (xi) Relationship with Struck off Companies Where the company has any transactions with the companies struck off under s ection 248 of Companies Act, 2013 or section 560 of Companies Act, 1956, the Company shall disclose the following details, Name of struck off Company Nature of transactions with struck -off Company Balance outstanding Relationship with the Struck off compan y, if any, to be disclosed Investment in securities Receivables Payables Shares held by stuck off company Other outstanding balances (to be specified) (xii) Registration of charges or satisfaction with Registrar of Companies

standing balances (to be specified) (xii) Registration of charges or satisfaction with Registrar of Companies (ROC) Where any charges or satisfaction yet to be registered with ROC beyond the statutory period, details and reasons thereof shal l be disclosed. (xiii) Compliance with number of layers of companies Where the company has not complied with the number of layers p rescribed under clause (87) of section 2 of the Act read with Companies (Restriction on number of Layers) Rules, 2017, the name and CIN of the companies beyond the specified layers and the relationship/extent of holding of the company in such downstream co mpanies shall be disclosed. (xiv) Following Ratios shall be disclosed (a) Capital to risk -weighted assets ration (CRAR) (b) Tier I CRAR (C) Tier II CRAR (d) Liquidity Coverage Ratio (xv) Compliance with approved Scheme(s) of Arrangements Where any Scheme o f Arrangements has been approval by the Competent Authority in terms of section 230 to 237 of the Companies Act, 2013, the Company shall disclose that the effect of such Scheme of Arrangements have been accounted for in the books of account of the Company in accordance with the Scheme and in accordance with accounting standards. Any deviation in this regard shall be explained . (xvi) Utilisation of Borrowed funds and share premium: (A) Where company has advanced or loaned or invested funds (either borrow ed funds or share premium or any other sources or kind of funds) to any other person(s) or entity(ies), including foreign entities (Intermediaries) with the understanding (whether recorded in writing or otherwise) that the Intermediary shall (i) directly or indirectly lend or invest in other persons or entities identified in any manner whatsoever by or on behalf of the company (Ultimate Beneficiaries) or 349 (ii) provide any guarantee, security or the like to or on behalf of the Ultimate Beneficiaries; the com pany shall disclose the following: - (I) date and amount of fund advanced or loaned or invested in Intermediaries with complete details of each Intermediary. (II) date and amount of fund further advanced or loaned or invested by such Intermediaries to other intermediaries or Ultimate Beneficiaries alongwith complete details of the ultimate beneficiaries. (III) date and amount of guarantee, security or the like provided to or on behalf of the Ultimate Beneficiaries (IV) declaration that relevant provisions of the Foreign Exchange Management Act, 1999 (42 of 1999) and Companies Act has been complied with for such transactions and the transactions are not violative of the Prevention of Money - Laundering act, 2002 (15 of 2003).; (B) Where a company has received an y fund from any person(s) or entity(ies), including foreign entities (Funding Party) with the understanding (whether recorded in writing or otherwise) that the company shall (i) directly or indirectly lend or invest in other persons or entities identified in any manner whatsoever by or on behalf of the Funding Party (Ultimate Beneficiaries) or (ii) provide any guarantee, security or the like on behalf of the Ultimate Beneficiaries, the company shall disclose the following: - (I) date and amount of fund recei ved from Funding parties with complete details of each Funding party. (II) date and amount of fund further advanced or loaned or invested other intermediaries or Ultimate Beneficiaries alongwith complete details of the other intermediaries or ultimate ben eficiaries. (III) date and amount of guarantee, security or the like provided to or on behalf of the Ultimate Beneficiaries (IV) declaration that relevant provisions of the Foreign Exchange Management Act, 1999 (42 of 1999) and Companies Act has been compl ied with for such transactions and the transactions are not violative of the Prevention of Money - Laundering act, 2002 (15 of 2003).; ] (X) Other Classification related General Instructions 1. When an NBFC applies an accounting policy retrospectively or makes a restatement of items in the financial statements or when it reclassifies items in its financial statements, the NBFC shall attach to the Balance Sheet, a Balance Sheet as at the beginni ng of the earliest comparative period presented. 2. Share application money pending allotment shall be classified into equity or liability in accordance with relevant Indian Accounting Standards. Share application money to the extent not refundable shall be shown under the head Equity and share application money to the extent refundable shall be separ ately shown under Other finan cial liabilities. 3. Preference shares including premium received on issue, shall be classified and pr esented as Equity or Liabil ity in accordance with the requirements of the relevant Indian Accounting Stan dards. Accordingly, the disclo sure and presentation requirements in this regard applicable to the relevant class of equity or liability shall be applicable mutatis mutandis to the preference shares. For instance, plain vanila redeemable preference shares shall be classified and presented under liabilities as borrowings or subordinated liability and the disclosure requirements in this regard applicable to such borrowings shall be applicable mutatis mutandis to redeemable preference shares. 4. Compound financial instruments such as convertible debentures, where split i nto equity and liability compo nents, as per the requirements of the relevant Indian Accounting Standards, shall be classified and presented un - der the relevant heads in Liabilities and Equity. 5. Regulatory Deferral Account Balances shall be presented in the Balance Sheet in accordance with the relevant Indian Accounting Standards. 350 PART II STATEMENT OF PROFIT AND LOSS Name of the Non -Banking Financial Company. Statement of Profit and Loss for the period ended (Rupees in ...................... ) Particulars Note No. Figures for the current reporting period Figures for the previous reporting period Revenue from operations (i) Interest Income (ii) Dividend Income (iii) Rental Income (iv) Fees and commission Income (v) Net gain on fair value changes (vi) Net gain on derecognition of financial instruments under amortised cost category (vii) Sale of products(including Excise Duty) (viii) Sale of services (ix) Others (to be specified) (I) Total Revenue from operations (II) Other Income (to be specified) (III) Total Income (I+II) Expenses (i) Finance Costs (ii) Fees and commission expense (iii) Net loss on fair value changes (iv) Net loss on derecognition of financial instruments under amortised cost category (v) Impairment on financial instruments (vi) Cost of materials consumed (vii) Purchases of Stock -in-trade (viii) Changes in Inventories of finished goods, stock -in-trade and work -in- progress (ix) Employee Benefits Expenses (x) Depreciation, amortization and impairment (xi) Others expenses (to be specified) (IV ) Total Expenses (IV) (V ) Profit / (loss) before exceptional items and tax (III -IV) (VI ) Exceptional items (VII ) Profit/(loss) before tax (V -VI ) (VIII) Tax Expense: (1) Current Tax (2) Deferred Tax 351 Particulars Note No. Figures for the current reporting period Figures for the previous reporting period Revenue from operations (IX) Profit / (loss) for the period from continuing operations(VII -VIII) (X) Profit/(loss) from discontinued operations (XI) Tax Expense of discontinued operations (XII) Profit/(loss) from discontinued operations(After tax) (X - XI) (XIII) Profit/(loss) for the period (IX+XII) (XIV) Other Comprehensive Income (A) (i) Items that will not be reclassified to profit or loss (specify items and amounts) (ii) Income tax relating to items that will not be reclassified to profit or loss Subtotal (A) (B) (i) Items that will be reclassified to profit or loss (specify items and amounts) (ii) Income tax relating to items that will be reclassified to profit or loss Subtotal (B) Other Comprehensive Income (A + B) (XV) Total Comprehensive Income for the period (XIII+XIV) (Comprising Profit (Loss) and other Comprehensive Income for the period) (XVI) Earnings per equity share (for continuing operations) Basic (Rs.) Diluted (Rs.) (XVII) Earnings per equity share (for discontinued operations) Basic (Rs.) Diluted (Rs.) (XVIII) Earnings per equity share (for continuing and discontinued operations) Basic (Rs.) Diluted (Rs.) See accompanying notes to the financial statements 352 Notes GENERAL INSTRUCTIONS FOR PREPARATION OF STATEMENT OF PROFIT AND LOSS 1. The provisions of this Part shall apply to the income and expenditure account, in like manner as they apply to a Statement of Profit and Loss. 2. The Statement of Profit and Loss shall include: (A) Profit or loss for the period; (B) Other Comprehensive Income for the period. The sum of (A) and (B) above is Total Comprehensive Income. 3. Interest Income Particulars (Current Year) (Previous Year) On Financial Assets measured at fair value through OCI On Financial Assets measured at Amortised Cost Interest Income on Financial Assets classified at fair value through profit or loss On Financial Assets measured at fair value through OCI On Financial Assets measured at Amortised Cost Interest Income on Financial Assets classified at fair value through profit or loss Interest on Loans Interest income from investments Interest on deposits with Banks Other interest Income Total 4. Net gain/ (loss) on fair value changes* Particulars (Current Year) (Previous Year) (A) Net gain/ (loss) on financial instruments at fair value through profit or loss (i) On trading portfolio - Investments - Derivatives - Others (ii) On financial instruments designated at fair value through profit or loss (B) Others ( to be specified) Total Net gain/(loss) on fair value changes (C) Fair Value changes: -Realised -Unrealised Total Net gain/(loss) on fair value changes(D) to tally with (C) *Fair value changes in this schedule are other than those arising on account of accrued interest income/expense. 353 5. Other Income (to be specified) Particulars (Current Year) (Previous Year) Net gain/(loss) on ineffective portion of hedges Net gain/(loss) on derecognition of property, plant and equipment Net gain or loss on foreign currency transaction and translation (other than considered as finance cost)( to be specified) Others ( to be specified)* Total * Any item under the subhead Others which exceeds one per cent of the total income to be presented separately. 6. Finance Costs Particulars (Current Year) (Previous Year) On Financial On Financial liabilities On Financial On Financial liabilities measured at Amortised liabilities measured liabilities measured measured at fair Cost at fair value through at Amortised Cost value through profit or loss profit or loss Interest on deposits Interest on borrowings Interest on debt securities Interest on subordinated liabilities Other interest expense Total 7. Employee Benefits Expenses Particulars (Current Year) (Previous Year) Salaries and wages Contribution to provident and other funds Share Based Payments to employees Staff welfare expenses Others (to be specified) Total 8. Impairment on financial instruments Particulars (Current Year) (Previous Year) On Financial instruments measured at fair value through OCI On Financial instruments measured at Amortised Cost On Financial instruments measured at fair value through OCI On Financial instruments measured at Amortised Cost Loans Investments Others (to be specified) Total 354 9. Other expenses (to be specified) Particulars (Current Year) (Previous Year) Rent, taxes and energy costs Repairs and maintenance Communication Costs Printing and stationery Advertisement and publicity Directors fees, allowances and expenses Auditors fees and expenses Legal and Professional charges Insurance Other expenditure Total * Any item under the subhead Others expenditure which exceeds one per cent of the total income to be presented separately. 10. Other Comprehensive Income shall be classified into- (A) Items that will not be reclassified to profit or loss i. Changes in revaluation surplus; ii. Remeasurements of the defined benefit plans; iii. Equity Instruments through Other Comprehensive Income; iv. Fair value changes relating to own credit risk of financial liabilities designated at fair value through profit or loss; v. Share of Other Comprehensi ve Income in Associates and Joint Ventures, to the extent not to be classi - fied into profit or loss; and vi. Others (specify nature). (B) Items that will be reclassified to profit or loss; i. Exchange differences in translating the financial statements of a foreign operation; ii. Debt Instruments through Other Com

loss; i. Exchange differences in translating the financial statements of a foreign operation; ii. Debt Instruments through Other Comprehensive Income; iii. The effective portion of gains and loss on hedging instruments in a cash flow hedge; iv. Share of Other Comprehensive Income in Associates and Joint Ventures, to the extent to be classified into p rofit or loss; and v. Others (specify nature). 11. Additional Information: An NBFC shall disclose by way of notes, additional information regarding aggregate expenditure and income on the following items: i. Depreciation, amortisation and impairment ii. payments to the auditor as (a) auditor, (b) for taxation matters, (c) for company law matters, (d) for other services, (e) for reimbursement of expenses; iii. in case of NBFCs covered under section 135, amount of expenditure incurred on corporate social responsi - bility activi ties; and iv. details of items of exceptional nature 1[v. undisclosed income 1. Ins. by Notification No. G.S.R. 207(E), da ted 24th March, 2021, (w.e.f. 1 -4-2021). 355 The Company shall give details of any transactions not recorded in the books of accounts that has been surrendered or disclosed as income during the year in the tax assessments under the Income Tax Act, 1961 (such as, search or survey or any other relevant provisions of the Income Tax Act, 1961), unless there is immunity for disclosure under any scheme. Also, state whether the previously unrecorded income and related assets have been properly recorded in the books of account during the year. vi. Corporate Social Responsibility (CSR) Where the company (NBFC) covered under section 135 of the Companies Act, the following shall be disclosed with regard to CSR activated: - (a) amount required to be spent by the company during the year, (b) amount of expenditure incurred, (c) shortfall at the end of the year, (d) total of previous years shortfall, (e) reason for shortfall, (f) nature of CSR activities, (g) details of related party transactions, e.g., contribution to a trust controlled by the company in relation to CSR expenditure as per relevant Accounting Standard, (h) where a provision is made with respect to a liability incurred by entering into a contractual obligation, the movements in the provision during the year shall be shown separately. vii details of Crypto Currency or Virtual Currency Where the Company has traded or invested in Crypto currency or virtual Currency during the financial year, the following shall be disclosed: - (a) profit or loss on transactions involving Crypto currency or Virtual Currency. (b) amount of currency held as at the reporting date. (c) deposits or advances from any person for the purpose of trading or investing in Crypto Currency or virtual currency.] PART III - GENERAL INSTRUCTIONS FOR THE PREPARATION OF CONSOLIDATED FINANCIAL STATEMENTS (1) Where a Non -Banking Financial Company (NBFC) is required to prepare Consolidated Financial Statements, i.e., consolidated balance sheet, consolidated statement of changes in equity and consolidated statement of profit and loss, the NBFC shall mutatis mutandis follow the requirements of this Schedule as applicable to an NBFC in the preparation of balance sheet, statement of changes in equity and statement of profit and loss. However, where the consolidated financial statements contains elements pertaining to NBFCs and other than NBFCs, mixed basis of presentation may be followed for consolidated financial statements where both kinds of opera - tions are significant. In addition, the consolidated financial statements shall disclose the information as per the requirements specified in the applicable Indi an Accounting Standards notified under the Companies (Indian Ac - counting Standards) Rules 2015, including the following, namely: - (i) Profit or loss attributable to non -controlling interest and to owners of the parent in the statement of profit and loss s hall be presented as allocation for the period. Further, total comprehensive income for the period attributable to non -controlling interest and to owners of the parent shall be presented in the statement of profit and loss as allocation for the perio d. The aforesaid disclosures for total comprehensive income shall also be made in the statement of changes in equity. In addition to the disclosure requirements in the Indian Accounting Standards, the aforesaid disclosures shall also be made in respect o f other comprehensive income. (ii) Non -controlling interests in the Balance Sheet and in the Statement of Changes in Equity, within equity, shall be presented separately from the equity of the owners of the parent. (iii) Investments accounted for using the equ ity method. 356 (2) In Consolidated Financial Statements, the following shall be disclosed by way of additional information: Name of the entity in the Group Net Assets, i.e., total assets minus total liabilities Share in profit or loss Share in other comprehensive income Share in total comprehensive income As % of consolidated net assets Amount As % of consolidated profit or loss Amount As % of consolidated other comprehensive income Amount As % of total comprehensive income Amount ent Subsidiaries Indian 1. 2. 3. . . Foreign 1. 2. 3. . . Non- controlling Interests in all subsidiaries Associates (Investment as per the equity method) Indian 1. 2. 3. . . Foreign 1. 2. 3. . . Joint 357 Ventures(as per the equity method) Indian 1. 2. 3. . . Foreign 1. 2. 3. . . Total (3) All subsidiaries, associates and joint ventures (whether Indian or foreign) will be covered under consolidated financial statements. (4) An entity shall disclose the list of subsidiaries or associates or joint ventures which have not been consolidated in the consolidated financial statements along with the reasons of not consolidating. ] 358 SCHEDULE IV [See section 149(8)] CODE FOR INDEPENDENT DIRECTORS The Code is a guide to professional conduct for independent directors. Adherence to these standards by independent directors and fulfilment of their responsibilities in a professional and faithful manner will promote confidence of the investment community, particularly minority shareholders, regulators and companies in the institution of independent directors. I. Guidelines of professional conduct: An independent director shall: (1) uphold ethical standards of integrity and probity; (2) act objectively and constructively while exercising his duties; (3) exercise his responsibilities in a bona fide manner in the interest of the company; (4) devote sufficient time and attention to his professional obligations for informed and balanced decision making; (5) not allow any extraneous considerations that will vitiate his exercise of objective independent judgment in the paramount interest of the company as a whole, while concurring in or dissenting from the collective judgment of the Board in its decision making; (6) not abuse his position to the detriment of the company o r its shareholders or for the purpose of gaining direct or indirect personal advantage or advantage for any associated person; (7) refrain from any action that would lead to loss of his independence; (8) where circumstances arise which make an independent director lose his independence, the independent director must immediately inform the Board accordingly; (9) assist the company in implementing the best corporate governance practices. II. Role and functions: The independent directors shall: (1) help in bringing an indepen dent judgment to bear on the Boards deliberations especially on issues of strategy, performance, risk management, resources, key appointments and standards of conduct; (2) bring an objective view in the evaluation of the performance of board and management; (3) scrutinise the performance of management in meeting agreed goals and objectives and monitor the reporting of performance; (4) satisfy themselves on the integrity of financial information and that financial controls and the systems of risk management are robust and defensible; (5) safeguard the interests of all stakeholders, particularly the minority shareholders; (6) balance the conflicting interest of the stakeholders; (7) determine appropriate levels of remuneration of executive directors, key managerial personnel and senior management and have a prime role in appointing and where necessary recommend removal of executive directors, key managerial personnel and senior management; (8) moderate and arbitrate in the interest of the company as a whole, in situations of conflict bet ween management and shareholders interest. III. Duties : The independent directors shall (1) undertake appropriate induction and regularly update and refresh their skills, knowledge and familiarity with the company; 359 (2) seek appropriate clarification or amplification of information and, where necessary, take and follow appropriate professional advice and opinion of outside experts at the expense of the company; (3) strive to attend all meetings of the Board of Directors and of the Board committees of which he is a member; (4) participate constructively and actively in the committees of the Board in which they are chairpersons or members; (5) strive to attend the general meetings of the company; (6) where they have concerns about the running of the company or a proposed ac tion, ensure that these are addressed by the Board and, to the extent that they are not resolved, insist that their concerns are recorded in the minutes of the Board meeting; (7) keep themselves well informed about the company and the external environment in w hich it operates; (8) not to unfairly obstruct the functioning of an otherwise proper Board or committee of the Board; (9) pay sufficient attention and ensure that adequate deliberations are held before approving related party transactions and assure themselves th at the same are in the interest of the company; (10) ascertain and ensure that the company has an adequate and functional vigil mechanism and to ensure that the interests of a person who uses such mechanism are not prejudicially affected on account of such use; (11) report concerns about unethical behavior, actual or suspected fraud or violation of the companys code of conduct or ethics policy; (12) 1[act within their authority], assist in protecting the legitimate interests of the company, shareholders and its employees ; (13) not disclose confidential information, including commercial secrets, technologies, advertising and sales promotion plans, unpublished price sensitive information, unless such disclosure is expressly approved by the Board or required by law. IV. Manner of appointment: (1) Appointment process of independent directors shall be independent of the company management; while selecting independent directors the Board shall ensure that there is appropriate balance of skills, experience and knowledge in the Board so as to enable the Board to discharge its functions and duties effectively. (2) The appointment of independent director(s) of the company shall be approved at the meeting of the shareholders. (3) The explanatory statement attached to the notice of the meeting for appr oving the appointment of independent director shall include a statement that in the opinion of the Board, the independent director proposed to be appointed fulfils the conditions specified in the Act and the rules made thereunder and that the proposed dire ctor is independent of the management. (4) The appointment of independent directors shall be formalised through a letter of appointment, which shall set out : (a) the term of appointment; (b) the expectation of the Board from the appointed director; the Board -level committee(s) in which the director is expected to serve and its tasks; (c) the fiduciary duties that come with such an appointment along with accompanying liabilities; (d) provision for Directors and Officers (D and O) insurance, if any; (e) the Code of Business Ethic s that the company expects its directors and employees to follow; (f) the list of actions that a director should not do while functioning as such in the company; and 1. Subs. by Notification No. S.O. 2113(E), dated 5th July 2017, for acting within his authority . 360 (g) the remuneration, mentioning periodic fees, reimbursement of expenses for participation in the Boards and other meetings and profit related commission, if any. (5) The terms and conditions of appointment of independent directors shall be open for inspection at the registered office of the company by any member during normal business hours. (6) The terms an d conditions of appointment of independent directors shall also be posted on the companys website. V. Re -appointment: The re -appointment of independent director shall be on the basis of report of performance evaluation. VI. Resignation or removal: (1) The res ignation or removal of an independent director shall be in the same manner as is provided in sections 168 and 169 of the Act. (2) An independent director who resigns or is removed from the Board of the company shall be replaced by a new independent director wi thin 1[three months] from the date of such resignation or removal, as the case may be. (3) Where the company fulfils the requirement of independent directors in its Board even without filling the vacancy created by such resignation or removal, as the case may be, the requirement of replacement by a new independent director shall not apply. VII. Separate meetings: (1) The independent directors of the company shall hold at least one meeting 2[in a financial year], without the attendance of non -independent directors and members of management; (2) All the independent directors of the company shall strive to be present at such meeting; (3) The meeting shall: (a) review the performance of non -independent directors and the Board as a whole; (b) review the performance of the Chairperson o f the company, taking into account the views of executive directors and non -executive directors; (c) assess the quality, quantity and timeliness of flow of information between the company management and the Board that is necessary for the Board to effectively and reasonably perform their duties. VIII. Evaluation mechanism: (1) The performance evaluation of independent directors shall be done by the entire Board of Directors, excluding the director being evaluated. (2) On the basis of the report of performance evaluatio n, it shall be determined whether to extend or

excluding the director being evaluated. (2) On the basis of the report of performance evaluatio n, it shall be determined whether to extend or continue the term of appointment of the independent director. 3[Note : The Provisions of sub -paragraph (2) and (7) of paragraph II, paragraph IV, paragraph V, clauses (a) and (b) of sub -paragraph (3) of paragr aph VI and paragraph VIII shall not apply in the case of a Government company as defined under clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), if the requirements in respect of matters specified in these paragraph are specified by the con cerned Ministries or Departments of the Central Government or as the case may be, the State Governments and such requirements are complied with by the Government companies.] 1. Subs. by Notification No. S.O. 2113(E), dated 5th July 2017, for a period of not more than one hundred and ei ght days (w.e.f. 5 -7-2017) . 2. Subs. by ibid., for in a year (w.e.f. 5 -7-2017) . 3. Ins. by ibid.(w.e.f. 5 -7-2017). 361 SCHEDULE V (See sections 196 and 197) PART I CONDITIONS TO BE FULFILLED FOR THE APPOINTMENT OF A MANAGING OR WHOLE -TIME DIRECTOR OR A MANAGER WITHOUT THE APPROVAL OF THE CENTRAL GOVERNMENT APPOINTMENTS No person shall be eligible for appointment as a managing or whole -time director or a manager (hereinafter referred to as m anagerial person) of a company unless he satisfies the following conditions, namely: (a) he had not been sentenced to imprisonment for any period, or to a fine exceeding one thousand rupees, for the conviction of an offence under any of the following Acts , namely: (i) the Indian Stamp Act, 1899 (2 of 1899); (ii) the Central Excise Act, 1944 (1 of 1944); (iii) the Industries (Development and Regulation) Act, 1951 (65 of 1951); (iv) the Prevention of Food Adulteration Act, 1954 (37 of 1954); (v) the Essenti al Commodities Act, 1955 (10 of 1955); 1[(vi) the Companies Act, 2013 (18 of 2013) or any previous company law;] (vii) the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (viii) the Wealth -tax Act, 1957 (27 of 1957); (ix) the Income -tax Act, 1961 (43 of 1961); (x) the Customs Act, 1962 (52 of 1962); (xi) the Competition Act, 2002 (12 of 2003); (xii) the Foreign Exchange Management Act, 1999 (42 of 1999); (xiii) the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986); (xiv) the Sec urities and Exchange Board of India Act, 1992 (15 of 1992); (xv) the Foreign Trade (Development and Regulation) Act, 1922 (22 of 1922); (xvi) the Prevention of Money -Laundering Act, 2002 (15 of 2003); 2[(xvii) the Insolvency and Bankruptcy Code, 2016 (31 of 2016); (xviii) the Goods and Services Tax Act, 2017 (12 of 2017); (xix) the Fugitive Economic Offenders Act, 2018 (17 of 2018).] (b) he had not been detained for any period under the Conservation of Foreign Exchange and Prevention of Smuggling Activitie s Act, 1974 (52 of 1974): Provided that where the Central Government has given its approval to the appointment of a person convicted or detained under sub -paragraph ( a) or sub -paragraph ( b), as the case may be, no further approval of the Central Government shall be necessary for the subsequent appointment of that person if he had not been so convicted or detained subsequent to such approval. (c) he has completed the age of twenty -one years and has not attained the age of seventy years: 1. Subs. by Notification No. G.S.R. 29 22(E), dated 12th September, 2016, for sub -paragraph (vi). 2. Ins. by Notification No. S.O. 4822(E), dated 12th September, 2018 (w.e.f. 12 -9-2018). 362 Provided that where h e has attained the age of seventy years; and where his appointment is approved by a special resolution passed by the company in general meeting, no further approval of the Central Government shall be necessary for such appointment; (d) where he is a manage rial person in more than one company, he draws remuneration from one or more companies subject to the ceiling provided in section V of Part II; (e) he is resident of India. Explanation I .For the purpose of this Schedule, resident in India includes a perso n who has been staying in India for a continuous period of not less than twelve months immediately preceding the date of his appointment as a managerial person and who has come to stay in India, (i) for taking up employment in India; or (ii) for carrying on a business or vacation in India. Explanation II .This condition shall not apply to the companies in Special Economic Zones as notified by Department of Commerce from time to time: Provided that a person, being a non -resident in India shall enter India o nly after obtaining a proper Employment Visa from the concerned Indian mission abroad. For this purpose, such person shall be required to furnish, along with the visa application form, profile of the company, the principal employer and terms and conditions of such persons appointment. PART II REMUNERATION Section I. Remuneration payable by companies having profits: Subject to the provisions of section 197, a company having profits in a financial year may pay remuneration to a managerial person or persons 1[or other director or directors] not exceeding the limits specified in such section. 2[Section II. Remuneration payable by companies having no profit or inadequate profit 3***: Where in any financial year during the currency of tenure of a managerial person 1[or other director] , a company has no profits or its profits are inadequate, it may, 3***, pay remuneration to the managerial person 1[or other director] not exceeding the limits under ( A) and ( B) given below: 4[(A): (1) (2) (3) SI. No . Where the effective capital (in rupees) is Limit of yearly remuneration payable shall not exceed (in Rupees) in case of a managerial person Limit of yearly remuneration payable shall not exceed (in rupees) in case of other director (i) Negative or less than 5 crores. 60 lakhs 12 Lakhs (ii) 5 crores and above but less than 100 crores. 84 lakhs 17 Lakhs (iii) 100 crores and above but less than 250 crores. 120 lakhs 24 Lakhs (iv) 250 crores and above. 120 lakhs plus 0.01% of the effective capital in excess of Rs. 250 crores: 24 Lakhs plus 0.01% of the effective capital in excess of Rs. 250 crores: ] 5[Provided that the remuneration in excess of above limits may be paid ] if the resolution passed by the shareholders is a special resolution. 1. Ins. by Notification No. S.O. 1256(E), dated 18th March, 2021 (w.e.f. 18 -3-2021). 2. Subs. by Notification No. S.O. 2922(E), dated 12th September 2016, for Section II. 3. The words without Central Governm ent approval omitted by Notification No. S.O. 4822(E), dated 12th September, 2018 (w.e.f. 12 -9-2018). 4. Subs. by Notification No. S.O. 1256(E), for Table (A) dated 18th March, 2021 (w.e.f. 18 -3-2021). 5. Subs. by Notification No. S.O. 4822(E), for Provi ded that the above limits shall be doubled (w.e.f. 12 -9-2018). 363 Explanation. It is hereby clarified that for a period less than one year, the limits shall be pro -rated. (B) In case of a managerial person who is functioning in a professional capacity, 1[remuneration as per item (A) may be paid ], if such managerial person is not having any interest in the capital of the company or its holding company or any of its subsidiaries directly or indirectly or through any other statutory structures and not having any direct or indirect interest or related to the directors or promoters of the com pany or its holding company or any of its subsidiaries at any time during the last two years before or on or after the date of appointment and possesses graduate level qualification with expertise and specialised knowledge in the field in which the company operates: Provided that any employee of a company holding shares of the company not exceeding 0.5% of its paid up share capital under any scheme formulated for allotment of shares to such employees including Employees Stock Option Plan or by way of qualif ication shall be deemed to be a person not having any interest in the capital of the company: Provided further that the limits specified under items (A) and (B) of this section shall apply, if - (i) payment of remuneration is approved by a resolution passed by the Board and, in the case of a company covered under sub -section ( 1) of section 178 also by the Nomination and Remuneration Committee; (ii) 2[the company has not committed any default in payment of dues to any bank or public financial institution or non -conve rtible debenture holders or any other secured creditor, and in case of default, the prior approval of the bank or public financial institution concerned or the non -convertible debenture holders or other secured creditor, as the case may be, shall be obtain ed by the company before obtaining the approval in the general meeting ;] (iii) an ordinary resolution or a special resolution, as the case may be, has been passed for payment of remuneration as per 3*** item (A) or a special resolution has been passed for payment of remuneration as per item (B), at the general meeting of the company for a period not exceeding three years. (iv) a statement along with a notice calling the general meeting referred to in clause ( iii) is given to the shareholders containing the following information, namely: - I. General information: (1) Nature of industry (2) Date or expected date of commencement of commercial production (3) In case of new companies, expected date of commencement of activities as per project approved by financial institutions appearing in the prospectus (4) Financial performance based on given indicators (5) Foreign investments or collaborations, if any. II. Information about the appointee: (1) Background details (2) Past remuneration (3) Recognition or awards (4) Job profile and his suitability (5) Remuneration proposed (6) Comparative remuneration profile with respect to industry, size of the company, profile of the position and person (in case of expatriates the relevant details would be with respect to the country of his origin) (7) Pecuniary relationship directly or indirect ly with the company, or relationship with the managerial personnel, if any. 1. Subs. by Notification No. S.O. 4822(E), dated 12th September, 2018, for no approval of Central Government is required (w.e.f. 12 -9-2018). 2. Subs. by ibid., for clause ( ii) (w.e.f. 12-9-2018). 3. The words the limits laid down in omitted by ibid., (w.e..f 12 -9-2018). 364 III. Other information: (1) Reasons of loss or inadequate profits (2) Steps taken or proposed to be taken for improvement (3) Expected increase in productivity and profits in measurable terms IV. Disclosures: The following disclosures shall be mentioned in the Board of Directors report under the heading Corporate Governance , if any, attached to the financial statement: (i) all elements of remuneration package such as salary, benefits, bonuses, s tock options, pension, etc., of all the directors; (ii) details of fixed component and performance linked incentives along with the performance criteria; (iii) service contracts, notice period, severance fees; and (iv) stock option details, if any, and whether the same has been issued at a discount as well as the period over which accrued and over which exercisable. Explanation : For the purposes of Section II of this part, Statutory Structure means any entity which is entitled to hold shares in any company formed under any statute. ] Section III. Remuneration payable by companies having no profit or inadequate 1***profit in certain special circumstances: In the following circumstances a company may, 1***, pay remuneration to a managerial person 2[or other director] in excess of the amounts provided in Section II above: (a) where the remuneration in excess of the limits specified in Section I or Section II is paid by any other company and that other company is either a foreign company or has got the approval of its shareholders in general meeting to make such payment, and treats this amount as managerial remuneration for the purpose of section 197 and the total managerial remuneration payable by such other company to its managerial persons including such amount or am ounts is within permissible limits under section 19

by such other company to its managerial persons including such amount or am ounts is within permissible limits under section 197. 3[(b) where the company (i) is a newly incorporated company, for a period of seven years from the date of its incorporation, or (ii) is a sick company, for whom a scheme of revival or rehabilitation has been ordered by the Board for Industrial and Financial Reconstruction for a period of five years from the date of sanction of scheme of revival, or (iii) is a company in relation to w hich a resolution plan has been approved by the National Company Law Tribunal under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) for a period of five years from the date of such approval, it may pay 4[any remuneration to its managerial persons 2[or other directors ]].] (c) where remuneration of a managerial person 2[or other director] exceeds the limits in Section II but the remuneration has been fixed by the Board for Industrial and Financial Reconstruction or the National Company Law Tribunal: Provided that the limits under this Section shall be applicable subject to meeting all the conditions specified under Section II and the following additional conditions: 1. The words without Central Government approval omitted by Notification No. S.O. 4822(E), dated 12th September, 2018 (w.e.f. 12 -9-2018). 2. Ins. by Notification No. S.O. 1256 (E), dated 18th March, 2021 (w.e.f. 18 -3-2021). 3. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for clause ( b) (w.e.f. 15 -11-2016). 4. Subs. by Notification No. S.O. 4822(E), dated 12th September, 2018, for remunera tion up to two times the amount permissible under Section II (w.e.f. 12 -9-2018). 365 (i) except as provided in para ( a) of this Section, the managerial person is not recei ving remuneration from any other company; (ii) the auditor or Company Secretary of the company or where the company has not appointed a Secretary, a Secretary in whole -time practice, certifies that all secured creditors and term lenders have stated in writ ing that they have no objection for the appointment of the managerial person 1[or other director] as well as the quantum of remuneration and such certificate is filed along with the return as prescribed under sub -section ( 4) of section 196. (iii) the audit or or Company Secretary or where the company has not appointed a secretary, a secretary in whole -time practice certifies that there is no default on payments to any creditors, and all dues to deposit holders are being settled on time. 2* * * * * 1[Explanation .-For the purposes of Section I, Section II and Section III, the term or other director shall mean a non -executive director or an independent director .] Section IV. Perquisites not included in managerial remuneration: 1. A managerial person s hall be eligible for the following perquisites which shall not be included in the computation of the ceiling on remuneration specified in Section II and Section III: (a) contribution to provident fund, superannuation fund or annuity fund to the extent the se either singly or put together are not taxable under the Income -tax Act, 1961(43 of 1961); (b) gratuity payable at a rate not exceeding half a months salary for each completed year of service; and (c) encashment of leave at the end of the tenure. 2. In addition to the perquisites specified in paragraph 1 of this section, an expatriate managerial person (including a non -resident Indian) shall be eligible to the following perquisites which shall not be included in the computation of the ceiling on remunera tion specified in Section II or Section III (a) Childrens education allowance : In case of children studying in or outside India, an allowance limited to a maximum of Rs. 12,000 per month per child or actual expenses incurred, whichever is less. Such allo wance is admissible up to a maximum of two children. (b) Holiday passage for children studying outside India or family staying abroad: Return holiday passage once in a year by economy class or once in two years by first class to children and to the members of the family from the place of their study or stay abroad to India if they are not residing in India, with the managerial person. (c) Leave travel concession: Return passage for self and family in accordance with the rules specified by the company where it is proposed that the leave be spent in home country instead of anywhere in India. Explanation I . For the purposes of Section II of this Part, effective capital means the aggregate of the paid -up share capital (excluding share application money or adv ances against shares); amount, if any, for the time being standing to the credit of share premium account; reserves and surplus (excluding revaluation reserve); long -term loans and deposits repayable after one year (excluding working capital loans, overdra fts, interest due on loans unless funded, bank guarantee, etc., and other short -term arrangements) as reduced by the aggregate of any investments (except in case of investment by an investment company whose principal business is acquisition of shares, stoc k, debentures or other securities),accumulated losses and preliminary expenses not written off. Explanation II . (a) Where the appointment of the managerial person is made in the year in which company has been incorporated, the effective capital shall be c alculated as on the date of such appointment; (b) In any other case the effective capital shall be calculated as on the last date of the financial year preceding the financial year in which the appointment of the managerial person is made. 1. Ins. by Notification No. S.O. 1256 (E), dated 18th March, 2021 (w.e.f. 18 -3-2021). 2. Clause ( d) omitted by Notification No. S.O. 4822(E), dated 12th September, 2018 (w.e.f . 12-9-2018). 366 Explanation III . For the purposes of this Schedule, family means the spouse, dependent children and dependent parents of the managerial person. Explanation IV . The Nomination and Remuneration Committee while approving the remuneration under Section II or Section III, shall (a) take into account, financial position of the company, trend in the industry, appointees qualification, experience, past performance, past remuneration, etc.; (b) be in a position to bring about objectivity in determining the remuneration package while striking a balance between the interest of the company and the shareholders. Explanation V . For the purposes of this Schedule, negative effective capital means the effective capital which is calculated in accordance with the provisions con tained in Explanation I of this Part is less than zero. Explanation VI . For the purposes of this Schedule: 1* * * * * (B) Remuneration means remuneration as defined in clause ( 78) of section 2 and includes reimbursement of any direct taxes to the managerial person. Section V. Remuneration payable to a managerial person in two companies: Subject to the provisions of sections I to IV, a managerial person shall draw remuneration from one or both companies, provided that the total remuneration dra wn from the companies does not exceed the higher maximum limit admissible from any one of the companies of which he is a managerial person. PART III Provisions applicable to Parts I and II of this Schedule 1. The appointment and remuneration referred to in Part I and Part II of this Schedule shall be subject to approval by a resolution of the shareholders in general meeting. 2. The auditor or the Secretary of the company or where the company is not required to appointed a Secretary, a Secretary in whole -time practice shall certify that the requirement of this Schedule have been complied with and such certificate shall be incorporated in the return filed with the Registrar under sub - section ( 4) of section 196. PART IV The Central Government may, by notification, exempt any class or classes of companies from any of the requirements contained in this Schedule. 1. Clause (A) omitted by Notification No S.O. 4822(E), dated 12th September, 2018 (w.e.f. 12 -9-2018). 367 SCHEDULE VI (See sections 55 and 186) The term infrastructural projects or infrastructural facilities includes the followin g projects or activities: (1) Transportation (including inter modal transportation), includes the following: (a) roads, national highways, state highways, major district roads, other district roads and village roads, including toll roads, bridges, highwa ys, road transport providers and other road -related services; (b) rail system, rail transport providers, metro rail roads and other railway related services; (c) ports (including minor ports and harbours), inland waterways, coastal shipping including shipp ing lines and other port related services; (d) aviation, including airports, heliports, airlines and other airport related services; (e) logistics services. (2) Agriculture, including the following, namely: (a) infrastructure related to storage facilities ; (b) construction relating to projects involving agro -processing and supply of inputs to agriculture; (c) construction for preservation and storage of processed agro -products, perishable goods such as fruits, vegetables and flowers including testing facil ities for quality. (3) Water management, including the following, namely: (a) water supply or distribution; (b) irrigation; (c) water treatment. (4) Telecommunication, including the following, namely: (a) basic or cellular, including radio paging; (b) domestic satellite service ( i.e., satellite owned and operated by an Indian company for providing telecommunication service); (c) network of trunking, broadband network and internet services. (5) Industrial, commercial and social development and maintenanc e, including the following, namely: (a) real estate development, including an industrial park or special economic zone; (b) tourism, including hotels, convention centres and entertainment centres; (c) public markets and buildings, trade fair, convention, exhibition, cultural centres, sports and recreation infrastructure, public gardens and parks; (d) construction of educational institutions and hospitals; (e) other urban development, including solid waste management systems, sanitation and sewerage systems . 368 (6) Power, including the following: (a) generation of power through thermal, hydro, nuclear, fossil fuel, wind and other renewable sources; (b) transmission, distribution or trading of power by laying a network of new transmission or distribution lines. (7) Petroleum and natural gas, including the following: (a) exploration and production; (b) import terminals; (c) liquefaction and re -gasification; (d) storage terminals; (e) transmission networks and distribution networks including city gas infrastructure. (8) Housing, including the following: (a) urban and rural housing including public / mass housing, slum rehabilitation, etc; (b) other allied activities such as drainage, lighting, laying of roads, sanitation and facilities. (9) Other misc ellaneous facilities/services, including the following: (a) mining and related activities; (b) technology related infrastructure; (c) manufacturing of components and materials or any other utilities or facilities required by the infrastructure sector like energy saving devices and metering devices; (d) environment related infrastructure; (e) disaster management services; (f) preservation of monuments and icons; (g) emergency services (including medical, police, fire and rescue). (10) such other facility se rvice as may be prescribed. 369 SCHEDULE VII (See section 135) Activities which may be included by companies in their Corporate Social Responsibility Policies Activities relating to: 1[(i) eradicating hunger, poverty and malnutrition, 2[promoting health care including preventive health] and sanitation 3[Including contribution to the Swatch Bharat Kosh set -up by the Central Government for the promotion of sanitation] and making available safe drinking water ; (ii) promoting education, incl uding special education and employment enhancing vocation skills especially among children , women, elderly, and the differently abled and livelihood enhancement projects ; (ii) promoting gender equality, empowering women, setting up homes and hostels for wo men and orphans ; setting up old age homes, day care centres and such other facilities for senior citizens and measures for reducing inequalities faced by socially and economically backward groups ; (iv) ensuring environmental sustainability, ecological bala nce, protection of flora and fauna, animal welfare, agroforestry, conservation of natural resources and maintaining quality of soil, air and water 4[including contribution to the Clean Ganga Fund set -up by the Central Government for rejuvenation of river G anga] ; (v) protection of national heritage, art and culture including restoration of buildings and sites of historical importance and works of art ; setting up public libraries ; promotion and development of traditional arts and handicrafts ; (vi) measures for the benefit of armed forces veterans, war widows and their dependents ; (vii) training to promote rural sports, nationally recognised sports, paralympic sports and Olympic sports ; (viii) contribution to the Prime Minister's National Relief Fund 5[or Prime Ministers Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund)] or any other fund set up by the Central Government for socio -economic development and relief and welfare of the Scheduled Castes, the Scheduled Tribes, other b ackward classes, minorities and women; 6[(ix)(a) Contribution to incubators or research and development projects in the field of science, technology, engineering and medicine, funded by the Central Government or State Government or Public Sector Undertaking or any agency of the Central Government or State Government; and (b) Contributions to public funded Universities; Indian Institute of Technology (IITs); National Laboratories and autonomous bodies established under Department of Atomic Energy ( DAE); Department of Biotechnology (DBT); Department of Science and Technology (DST); Department of Pharmaceuticals; Ministry of Ayurveda, Yoga and Naturopathy, Unani

(DST); Department of Pharmaceuticals; Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH); Ministry of Electronics and Information Technology and ot her bodies, namely Defense Research and Development Organisation (DRDO); Indian Council o f Agricultural Research (ICAR); Indian Council of Medical Research (ICMR) and Council of Scientific and Industrial Research (CSIR), engaged in conducting research in s cience, technology, engineering and medicine aimed at promoting Sustainable Development Goals (SDGs)] (x) rural development projects .] 7[(xi) slum are development. 1. Subs. by Notification No. G.S.R. 130(E), dated 27th February 2014, for item (i) to (x) (w.e.f. 1 -4-2014). 2. Subs. by Notification No. G.S.R. 261(E), dated 31 st March 2014 for promoting preventive health care (w.e.f. 31 -3- 2014). 3. Ins. by Notification No . G.S.R. 741(E), dated by 24th October, 2014 (w.e.f. 24 -10-2014). 4. Ins. by ibid. (w.e.f. 24 -10-2014). 5. Ins. by Notification No. G.S.R. 313(E), dated 26th May, 2020 (w.e.f. 28 -03-2020). 6. Subs. by Notification No. G.S.R. 525(E), dated 24th August, 2020 (w.e.f. 24 -08-2020). 7. Ins. by Notification No. G.S.R. 568(E), dated by 6th August 2016. 370 Explanation . For the purposes of this item, the term slum area shall mean any area decla red as such by the Central Government or any State Government or any other competent authority under any law for the time being in force.] 1[(xii) disaster management, including relief, rehabilitation and reconstruction activities.] 1. Ins. by Notification No. G.S.R. 390(E ), dated 30th May, 2019 (w.e.f. 30 -5-2019).

THE MOTOR VEHICLES ACT, 1988 ACT NO. 59 OF 1988 [14th October , 1988. ] An Act to consolidate and amend the law relating to motor vehicles. BE it enacted by Parliament in the Thirty -ninth Year of the Repu blic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be calle d the Motor Vehicles Act, 1988. (2) It extends to the whole of India. (3) It shall come into fo rce on such date1as the Central Government may , by notification in the Official Gazette, appoint; and different dates may be appointed for different State s and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into forc e of this Act in that State. 2. Definitions .In this Act, unless context otherwise requires, 2[(1) adapted vehicle means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub -section ( 2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person ; (1A) aggregator means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation; (1B) area, in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette; ] (2) articulated vehicle means a motor vehicle to w hich a semitrailer is attached; (3) axle weight means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surf ace on which the vehicle rests; (4) certificate of registration means the certific ate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapte r IV; 3[(4A) community service means an unpaid work which a person is required to perform as a punishment for an of fence committed under this Act;] (5) conductor , in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be pr escribed; (6) conductor slicence means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (7) contract carriage means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed ra te or sum (a) on a time basis, whether or not with referen ce to any route or distance; or 1. 1st July, 1989, vide notification No. S.O. 368(E), dated 22nd May, 19 89, see Gazette of India, Extraordinary, Pt. II, sec. 3 ( ii). 2. Subs. by Act 32 of 2019, s. 2, for clause ( 1) (w.e.f. 1 -9-2019). 3. Ins. by s. 2, ibid (w.e.f. 1 -9-2019). 9 (b) from one point to another, and in either case, without stopping to pick up or set down passen gers not included in the contract anywhere during the journey, and includes (i) amaxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) dealer includes a person who is engaged 1* * * * * (b) in buil ding bodies for attachment to chassis ; or (c) in t he repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire -purchase of motor vehicle; (9) driver includes, in relation to a motor vehicle which is drawn by another motor vehicle , the person who acts as a steersman of the drawn vehicle; 2[(9A) driver refresher training course means the course referred to in sub -section ( 2A) of section 19;] (10) driving licence means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or de scription; (11) educational institution bus means an omnibus, which is owned by a college, school or other educ ational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; (12) fares includes sums payable for a season ticket or in respect of the hire of a contract ca rriage; 2[(12A) golden hour means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;] (13) goods includes live -stock, and anything (other than equ ipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passen gers travelling in the veh icle; (14) goods carriage means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (15) gross vehicle weight means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority a s permissible for that vehicle; (16) heavy goods vehicle means any goods carriage the gross vehicle weight of which, or a tractor or a road -roller th e unladen weight of either of w hich, exceeds 12,000 kilograms; (17) heavy passenger motor vehicle means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor c ar the unladen weight of w hich, exceeds 12,000 kilograms; 3* * * * * (19) learner s licence means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a mo tor vehicle of any specified class or description; 1. Sub -clause ( a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14 -11-1994). 2. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1 -9-2019). 3. Clause ( 18) omitted by s. 2, ibid. (w.e.f. 1 -9-2019). 10 (20) licensing authority means an authority empowered to issue licences under Chapter II or, a s the case may be, Chapter III; (21) light motor vehicle means a transport vehicle or omnibus the gross veh icle weight of either of which or a motor car or tractor or road -roller the unladen weight of any of which, d oes not exceed 1[7500] kilograms; 2[(21A) manufacturer means a person who is engaged in the manufacture of motor vehicles;] (22) maxicab means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) medium goods vehicle means any goods carriage other than a light motor ve hicle or a heavy good s vehicle; (24) medium passenger motor vehicle means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, 3[adapted vehicle ], light motor vehicle or heavy passenger motor vehicle; (25) motorcab means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) motor car means any motor vehicle other than a transport vehicle, omnibus, road -roller, tractor, m otor cycle or 3[adapted vehicle ]; (27) motor cycle means a two -wheeled motor vehicle, inclusive of any detachable side -car having an extra wheel, attached to the motor vehicle; (28) motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type a dapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 4[twenty -five cubic centimetres ]; (29) omnibus means any motor vehicle constructed or adapted to car ry more than six persons excluding the driver; (30) owner means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of th e vehicle under that agreement; (31) permit means a permit issued by a State or Regional Transport Authority or an authority prescribed in this beha lf under this Act authorising the use of a motor vehicle as a transp ort vehicle; (32) prescribed means prescribe d by rules made under this Act; (33) private service vehicle means a motor vehicle constructed or adapted to carry more than six persons exc luding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor ve hicle used for public purposes; (34) public place means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up o r set down by a stage carriage; (35) public service vehicle means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; 1. Subs. by Act 54 of 1994, s. 2, for 6000 (w.e.f. 14 -11-1994). 2. Ins. by s. 2, ibid. (w.e.f. 14 -11-1994). 3. Subs. by Act 32 of 2019, s. 2, for invalid carr iage (w.e.f. 1 -9-2019). 4. Subs. by Act 54 of 1994, s. 2, for thirty -five cubic centimetres (w.e.f. 14 -11-1994). 11 (36) registered axle weight means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authorit y as permissible for that axle; (37) registering authority means an authority empowered to register m otor vehicles under Chapter IV; (38) route means a line of travel w hich specifies the highway which may be traversed by a motor vehicle be tween one terminus and another; 1[(38A) scheme means a scheme framed under this Act;] 2[(39) semi -trailer means a vehicle not mechanically pro pelled (other than a trailer), which i s intended to be connected to a motor vehicle and which is so constructed that a portion of it is super - imposed on, and a part of whose weight is borne by, that motor vehicle;] (40) stage carriage means a motor vehicle constructed or adapted to carry mor e than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journe y or for stages of the journey; (41) State Government in relation to a Union territory means the Administrato r thereof appointed under a rticle 239 of the Constitution; (42) State transport undertaking means any undertaking providing road transport service, where such undertaking is carried on by, (i) the Central Governm ent or a State Government; (ii) any Road Transport Corporation established under section 3 of the Road Transport Corpor ations Act, 1950 (64 of 1950 ); (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Cent ral Government and one or more State Governments ; 3[(iv) Zilla Parishad or any other similar local authority.] Explanation .For the purposes of this clause, road transport service means a service of motor vehicles carrying passengers or goods or both by road for hire or r eward; 1[(42A) testing agency means any entity designated as a testing agency under section 110B;] (43) tourist vehicle means a contract carriage constructed or adapted and equipped and maintained in accordance with such specification s as ma y be prescribed in this behalf; (44) tractor means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsio n); but excludes a road -roller; (45) traffic signs includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or directio n of drivers of motor vehicles; (46) trailer means any vehicle, other than a semi -trailer and a side -car, drawn or intended to be drawn by a motor vehicle; (47) transport vehicle means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; (48) unladen weight means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body; 1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1 -9-2019). 2. Subs. by Act 54 of 1988, s. 2, for clause ( 39) (w.e.f. 14 -11-1994). 3. Ins. by s. 2, ibid. (w.e.f. 14 -11-1994). 12 (49) weight means the total

.e.f. 14 -11-1994). 12 (49) weight means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests 1[or moves] . 2[2A. e-cart and e -rickshaw. (1) Save as otherwise provided in the proviso to sub -section ( 1) of section 7 and sub -section ( 10) of section 9, the provisions of this Act shall apply to e -cart and e -rickshaw. (2) For the purposes of this section, e -cart or e -rickshaw means a special purpose battery powered vehicle of power not exceeding 4000 watts, having thre e wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.] 3[2B. Promotion of innovation. Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.] CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Necessity for driving licence .(1) No p erson shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than 4[a motor cab or motor cycle] hired for his own use or rented u nder any scheme made under sub -section ( 2) of section 75] unless his driving licence spec ifically entitles him so to do. (2) The conditions subject to which sub -section ( 1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Governmen t. 4. Age limit in connection with driving of motor vehicles .(1) No person under the age of eighteen years shall drive a mot or vehicle in any public place: Provided that 5[a motor cy cle with engine capacity not exceeding 50cc] may be driven in a public place by a person after atta ining the age of sixteen years. (2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transpo rt vehicle in any p ublic place. (3) No learner s licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section. 5. Responsibility of owners of motor vehicles for con travention of sections 3 and 4 .No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the veh icle. 6. Restrictions on t he holding of driving licences .(1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner s licence or a driving licence issued in accordance with the provisions of section 18 or a document auth orising, in accordance with the rules made under section 139, the person specified th erein to drive a motor vehicle. (2) No holder of a driving licence or a learner s licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section ( 1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive. 1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1 -9-2019). 2. Ins. by Act 3 of 2015, s. 2 (w.e.f. 7 -1-2015). 3. Ins. by Act 32 of 2019, s. 3 (w.e.f. 1 -9-2019). 4. Subs. by Act 54 of 1994, s. 3 for a motor cab (w.e.f. 14 -11-1994). 5. Sub s. by s. 4, ibid., for a motor cycle without gear (w.e.f. 14 -11-1994). 13 7. Restrictions on the granting of learner slicences for cer tain vehicles .1[(1) No person shall be granted a learner's licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year: ] 2[Provided that nothing contained in this sub -section shall apply t o an e -cart or e -rickshaw.] (2) No person under the age of eighteen years shall be granted a learner s licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner s licence . 8. Grant of learner s licence .(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to 3[any of the licensing authority in the State ] (i) in which he ordinarily res ides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driv ing a motor vehicle is situate, for the issue to him of a learner s licence. (2) Every application under sub -section ( 1) shall be in such form and shall be accompanied by such documents 4[with such fee and submit in such manner, including electronic means ] as may be prescribed by the Central Gov ernment. (3) Every application 5[to drive a transport vehicle made] under sub -section ( 1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical prac titioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gaz ette, appoint for this purpose: 6* * * * * (4) If, from the application or from the medical certificate referr ed to in sub -section ( 3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner s licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner s licence: Provided that a learner s licence limited to driving an 7[adapted vehicle ] may be issued to the applicant, if the licensing authori ty is satisfied that he i s fit to drive such a carriage. (5) No learner s licence shall be issued to any applicant unless he 8[satisfies such conditions] as may be prescr ibed by the Central Government. (6) When an application has been duly made to the appr opriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub -section ( 3) and has passed to the satisfaction of the licensing authori ty the test referred to in sub -section ( 5), the licensing authority shall, s ubject to the provisions of section 7, issue the applicant a learner s licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicl e: Provided that a licensing authority may issue a learner s licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applic ants inability to apply to the appropriate licensing authority. 1. Subs. by Act 54 of 1994, s. 5, for sub -section ( 1) (w.e.f. 14 -11-1994). 2. Ins. by Act 3 of 2015, s. 3 (w.e.f. 7 -1-2015). 3. Subs. by Act 32 of 2019, s. 4, for the licensing autho rity having jurisdiction in the area (w.e.f. 1 -9-2019). 4. Subs. by s. 4, ibid., for and with such fee (w.e.f. 1 -9-2019). 5. Ins. by s. 4, ibid. (w.e.f. 1 -9-2019). 6. The proviso omitted by s. 4, ibid (w.e.f. 1 -9-2019). 7. Subs. by s. 4, ibid., for inv alid carriage (w.e.f. 1 -9-2019). 8. Subs. by s. 4, ibid., for passes to the satisfaction of the licensing authority such test (w.e.f. 1 -4-2021). 14 1[Provided further that a licencing authority may issue a learner s licence in electronic form and such manner as may be prescribed by the Central Government.: Provided also that the licensin g authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the Central Government.] (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules mad e in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub -section ( 3), or sub -section ( 5), or both. (8) Any learner s licence for driving a motor cy cle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a mo tor cycle with or without gear. 9. Grant of driving licence (1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to 2[any licensing authority in the State ] (i) in which he ordinarily res ides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. (2) Every application under sub -section ( 1) shall be in such form and shall be accompanied by such fee and such documents as may be prescr ibed by the Central Government. 3[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence: Provided that no such test shall be necessary where the appli cant p roduces proof to show that (a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between thed ate of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub -section ( 3) of section 8 , (b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, req uire the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section ( 3) of section 8: 4[Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the l icensing authority is satisfied that he is fit to drive such motor vehicle. ]] (4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses 5*** a driving certificate is sued by a school or establish ment referred to in section 12. 6[(5) Where the applicant does not pass the test; he may be permitted to re -appear for the test after a period of seven days: 1. The Provisos ins. by Act 32 of 2019, s. 4 (1 -4-2021). 2. Subs. by s. 5, ibid., for the licensing authori ty having jurisdiction in the area (w.e.f. 1 -9-2019). 3. Subs. by Act 54 of 1994, s. 7, for sub -section ( 3) (w.e.f. 14 -11-1994). 4. Subs. by Act 32 of 2019, s. 5, for the second proviso (w.e.f. 1 -9-2019). 5. The words such minimum educational qualificati on as may be prescribed by the Central Government and omitted by s. 5, ibid (w.e.f. 1 -9-2019). 6. Subs. by Act 54 of 1994, s. 7, for sub -section ( 5) (w.e.f. 14 -11-1994). 15 Provided that where the applicant does not pass the test even after t hree appearances, he shall not be qualified to re -appear for such test before the expiry of a period of sixty days from the date of last such test 1[and such applicant shall be required to complete a remedial driver training course from any school or estab lishment under section 12]. ] (6) The test of competence to drive shall be carried out in a vehicle of the type t o which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driv ing a motor cycle without gear. (7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence: Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is n ot the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant s inability to apply to the a ppropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held

Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former li cence. (8) If the licensing authority is satisfied, after giving the applicant an opport unity of being heard, that he (a) is a habitual crim inal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psycho tropic Substan ces Act, 1985 (61 of 1985 ); or (c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub -section may, within thirty days of the receipt of the order, appe al to the prescribed authority. (9) Any driving licence for driving a motor cycle in force immediately before t he commencement of this Act shall, after such commencement, be deemed to be effective for driving a mo tor cycle with or without gear. 2[(10) Notwithstanding anything contained in this section, the driving licence to drive e -cart or e-rickshaw shall be issu ed in such manner and subject to such conditions , as may be prescribed.] 10. Form and contents of licenc es to drive .(1) Every learner s licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescr ibed by the Central Government. (2) A learner s licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of t he following classes, namely: (a) motor cycle without gear; (b) motor cycle with gear; (c) 3[adapted vehicle] ; (d) light motor vehicle; 4[(e) transport vehicle;] (i) road -roller; (j) motor vehi cle of a specified description. 1. Ins. by Act 32 of 2019, s. 5, (w.e.f. 1 -4-2021). 2. Ins. by Act 3 of 2015, s. 4 (w .e.f. 7 -1-2015). 3. Subs. by Act 32 of 2019, s. 6, for invalid carriage (w.e.f. 1 -9-2019). 4. Subs. by Act 54 of 1994, s. 8, for cls. ( e) to ( h) (w.e.f. 14 -11-1994). 16 11. Additions to driving licence .(1) Any person holding a drivin g licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to 1[any licensing authority in the St ate] in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence. (2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a licence under that section to drive the class or descriptio n of motor vehicles which the applicant desi res to be added to his licence. 2[Provided that the licensing authority may, before issuing the license verify the identity of the applicant in such manner as may be prescribed by the Central Government.] 12. Lic ensing and regulation of schools or establishments for imparting instructio n in driving of motor vehicles .(1) The Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or establishments (by whatev er name called) for imparting instruction in driving of motor vehicles and m atters connected therewith. (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, namel y: (a) licensing of such schools or establishments including grant, renewal a nd revocation of such licences; (b) supervision of such schools or establishments; (c) the form of application and the form of licence and the parti culars to be contained therein ; (d) fee to be paid with the application for such licences; (e) conditions subject to whic h such licences may be granted; (f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences; (g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instructio n in driving of motor vehicles; (h) nature, syllabus and duration of course or courses for efficient instructio n in driving any motor v ehicle; (i) apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting such instruction; (j) suitability of the premises at which such schools or establishments may be established or maintained and fa cilities to be provided therein; (k) qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess; (l) inspection of such schools and establishments (including the s ervices rendered by them and the apparatus, equipments and motor vehicles maintained by them f or imparting such instruction); (m) maintenance of records by such schools or establishments; (n) financial stability of such schools or establishments; (o) the d riving certificates, if any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purpose s of issuing such certificates; (p) such other matters as ma y be necessary to carry ou t the purposes of this section. (3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as m ay be 1. Subs. by Act 32 of 2019, s. 7, for the licensing authority having jurisdiction in t he area (w.e.f. 1 -9-2019). 2. Ins. by s. 7, ibid., (w.e.f. 1 -4-2021). 17 specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. (4) A school or establishment imparting instruction in driving of mo tor vehicles or matters connected therewith immediately before the commencement of this Act whether under a licence or not, may continue to impart such instruction without a licence issued under this Act for a period of one month from such commencement, an d if it has made an application for such licence under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such appl ication by the licensing authority. 1[(5) Notwithstanding anything contained in any other provision, where any school or establishment has been accredited by a body notified by the Central Government under any other law for the time being in force, any per son who has successfully completed a training module at such school or establishment covering a particular type of motor vehicle shall be eligible to obtain a driving licence for such type of motor vehicle. (6) The curriculum of the training module referre d to in sub -section (5) and the remedial driver training course referred to in sub -section (5) of section 9 shall be such as may be prescribed by the Central Government and that Government may make rules for the regulation of such schools or establishments .] 13. Extent of effectiveness of lic ences, to drive motor vehicles .A learner s licence or a driving licence issued under this Act shall be effective throughout India . 14. Currency of li cences to drive motor vehicles .(1) A learner s licence issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence. (2) A driving licence issued or renewed under this Act shall, (a) in the case of a licence to drive a transport veh icle, be effecti ve for a period of 2[five years ]: 3*** 4[Provided that in the case of licence to drive a transport vehi cle carrying goods of dangerous or hazardous nature be effective for a period of 5[three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and ];] 6[(b) in the case of any other licence, subject to such conditions as the Central Government may prescribe, if the person obtaining the licence, either originally or on renewal thereof, (i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or (ii) has attained the age of thirty years but has not attained the age of fifty years on t he date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal; or (iii) has attained the age of fifty years but has not attained the age of fifty -five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years; or (iv) has attained the age of fifty -five years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal. ] 7* * * * * 15. Renewal of driving licences .(1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effe ct from the date of its expiry: 1. Ins. by Act 32 of 2019, s. 8 (w.e.f. 1 -7-2021). 2. Subs. by s. 9, ibid., for three years (w.e.f. 1 -9-2019). 3. The word and omitted by Act 54 of 1994, s. 9 (w.e.f. 14 -11-1994). 4. Ins. by s. 9, ibid. (w.e.f. 14 -11-1994). 5. Subs. by Act 32 of 2019, s. 9, for certain words (w.e.f. 1 -9-2019). 6. Subs. by s. 9, ibid., for cl. ( b) (w.e.f. 1 -9-2019). 7. The proviso omitted by s. 9, ibid. (w.e.f. 1 -9-2019). 18 Provided that in any case where the application for the renewal of a licence is made 1[either one year prior to date of its expiry or within one year ] after the date of its expiry, the driving licence shall be renewed with effec t from the date of its renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section ( 3) of section 8, and the provisions of sub -section ( 4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in r elation to a learners licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescr ibed by the Central Government. (3) Where an application for the renewal of a driving licence is made previous to, or not more than 2[one year ] after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Cen tral Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than 1[one year] after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub -section ( 3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub -section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the tim e specified in sub-section ( 3): Provided further that if the application is made more than 3[one year after th e driving licence has ceased to be effective, the licensing authority shall ] refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to i n sub -section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescr ibed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued th e driving licence it shall intimate the fact of renewal to the authority which issued the driving licence. 16. Revocation of driving licence on gr ounds of disease or disability .Notwithstanding anything contained in the foregoing sections, any licensing au thority may at any time revoke a driving licence or may require, as a condition of continuing to hold such driving licence, the holder thereof to produce a medical certificate in the same form and in the same m anner as is referred to in sub -section ( 3) of section 8, if the licensing authority has reasonable grounds to belive that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving licence is not the authorit y which issued the same, it shall intimate the fact of revocation to the autho rity which issued that licence. 17. Orders refusing or revoking driving l icences and appeals there from (1) Where a licensing authority refuses to issue any learner s licence or t o issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing f or such refusal or revocation.

ated to the applicant or the holder, as the case may be, giving the reasons in writing f or such refusal or revocation. (2) Any person aggrieved by an order made under sub -section ( 1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the aut hority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 1. Subs. by Act 32 of 2019, s. 10, for more than thirty days (w.e.f. 1 -9-2019). 2. Subs. by s. 10, ibid., for thirty days (w.e.f. 1 -9-2019). 3. Subs. by s. 10, ibid., for five years after the driving licence has ceased to be effective, the licensing authority may (w.e.f. 1 - 9-2019). 19 18. Driving licences to drive motor vehicles, belon ging to the Central Government .(1) Such author ity as may be prescribed by the Central Government may issue driving licence valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purposes relating to the defence of the country and unconnected wi th any commercial enterprise. (2) A driving licence issued under this section shall specify the class or description of vehicle which the holde r is entitled to drive and the peri od for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in sub -section ( 1). (4) The authority issuing any driving licence under this section shall, at the request of any State Government, furnish such information respecting any person to whom a driving licence is issued as that Gove rnment may at any time require. 19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence .(1) If a licensing authority is satisfied, after giving the holder of a driving licence an opport unity of being heard, that he (a) is a habitual crim inal or a habitual drunkard; or (b) is a habitual a ddict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Su bstances Act, 1985 (61 of 1985); or (c) is using or has used a motor vehicle in the commiss ion of a cognizable offence; or (d) has by his previ ous conduct as driver of a motor vehicle shown that his driving is likely to be attende d with danger to the public; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentati on; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to su b-section ( 3) of section 22; or (h) being a person under the age of eighteen years who has been granted a learner s licence or a drivi ng licence with the consent in writing of the person having the care of the holder of the licence and ha s ceased to be in such care, it may, for reasons to be recorded in writing, make an order (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles speci fied in the licence; or (ii) revoke any such licence. 1[(1A) Where a licence has been forwarded to the licensing authority under sub -section ( 4) of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or desc ription of vehicles specified in the licence (a) for a first offence, for a period of three months; (b) for a second or subsequent offence, with revocation of the driving licence of such person: Provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the Central Government.] 1. Ins. by Act 32 of 2019, s. 11 (w.e.f. 1 -4-2021). 20 (2) Where an order under sub -section ( 1) 1[or sub -section (1A)] is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and t he licensing authority shall, (a) if the driving licence is a driving licence issued under this Ac t, keep it until the disqualification has expired or has been removed; or (b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing autho rity by which it was issued; or (c) in the case of re vocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the autho rity which issued that licence: 2[Provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course.] 3[(2A) The licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the Central Government. (2B) The nature, syllabus and duration of the driver refresher training course shall be such as may be prescribed by the Central Government.] (3) Any person aggrieved by an order made by a licensing authority under sub -section ( 1) 1[or sub - section (1A)] may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licens ing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appe llate authority shall be final. 20. Power of Court to disqualify .(1) Where a person is convicted of an offence un der this Act or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorised by law, declare the persons s o convicted to be disqualified, for such period as the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence: Provided that in respect of an offence punishable under section 183 no such order shall be made f or the first or second offence. (2) Where a person is convicted of an offence under clause ( c) of sub -section ( 1) of section 132, section 134 or section 185, the Court convicting any person of any such offence shall order the disqualification under sub -section ( 1), and if the offence is relatab le to clause ( c) of sub -section (1) of section 132 or section 134, such disqualification shall be for a period of not less than on e month, and if the offence is relatable to section 185, such disqualification shall be for a peri od of not less than six months. (3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualifi cation of a person (a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section, (b) who is convicted of an offence p unishable under section 189, or (c) who is convicted of an offe nce p unishable under section 192: Provided that the period of disqualification shall not exceed, in the case referred to in clause ( a), five years, or, in the case referred to in clause ( b), two years or, in the case referred to in clause ( c), one year. 1. Ins. by Act 32 of 2019, s. 11, (w.e.f. 1 -4-2021). 2. The Proviso subs. by s. 11, ibid, (w.e.f. 1 -4-2021). 3. Ins. by s. 11, ibid., (w.e.f. 1 -4-2021). 21 (4) A Court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub -section ( 3) of section 9 or n ot, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfact ion of the licensing authority. (5) The Court to which an appeal would ordinarily lie from any conviction of an offence of the n ature specified in sub -section ( 1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made. 21. Suspension of dr iving licence in certain cases .(1) Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous drivin g as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended (a) for a period of six months from the date on w hich the case is registered, or (b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be. (2) Where by virtue of the provisions of sub -section ( 1), the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in sub -section ( 1) is registered, shall bring such suspension to the notice of the Court competent to tak e cognizance of such offence, and thereupon, such Court shall take possession of the driving licence, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the licen ce was granted or last renewed. (3) Where the person referred to in sub -section ( 1) is acquitted or discharged, the Court shall cancel the endorsement on such driving licence with re gard to the suspension thereof. (4) If a driving licence in relation to a particular class or description of m otor vehicles is suspended under sub -section ( 1), the person holding such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remai ns in force. 22. Suspension or cancellation of driving licence on conviction .(1) Without prejudice to the provisions of sub -section ( 3) of section 20 where a person, referred to in sub -section ( 1) of section 21 is convicted of an offence of causing, by su ch dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fi t, the driving licence held by such person in so far as it relates to that class o r description of motor vehicle. (2) Without prejudice to the provisions of sub -section ( 2) of section 20, if a person, having been previously convicted of an offence punishab le under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the drivi ng licence held by such person. (3) If a driving licence is cancelled or suspended under thi s section, the Court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an applicati on made by him for such return: Provi ded that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of co mpetence to drive referred to in sub -section ( 3) of section 9 and produced a medical certificate in the same form and in the same manner as is referred to i n sub-section ( 3) of section 8. 22 (4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the dr iving licence remains in force. 23. Ef fect of disqualification order .(1) A person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from h olding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such ext ent and during such period. (2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs. (3) Any person in respect of whom any disqualification order has been mad e may at any time after the expiry of six months from the date

) Any person in respect of whom any disqualification order has been mad e may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to all the cir cumstances, either cancel or v ary the disqualification order: Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expi ry of a period of three months from the date of such refusal. 24. Endorsement .(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence if any, held by the person disqualified, particular s of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub -section ( 3) of section 23 shall be similarly so endorsed. (2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licenc e held by the person convicted. (3) Any person accused of an offence prescribed under sub -section ( 2) shall when attending the Court bring with him his driving lice nce if it is in his possession. (4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period exceeding three months the Court awarding the sentence shall endorse the fact of such sentence upon the driving licence of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licen ce was granted or last renewed. (5) When the driving licence is endorsed or caused to be endorsed b y any Court, such Court shall send the particulars of the endorsement to the licensing authority by which the driving licen ce was granted or last renewed. (6) Where on an appeal against any conviction or order of a Court, which has been endorsed on a drivi ng licence, the appellate court varies or sets aside the conviction or order, the appellate court shall inform the licensing authority by which the driving licence was granted or last renewed and such authority shall amend or cause to be amended the endors ement. 25. Transfer of endorsement and issue of driving licence free from endorsement .(1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled u nder the provisions of this section to have a driving licence issue d to him free from endorsement. 23 (2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by which the endorsement is to be made, then (a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or au thority may fix; or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produc e it to the Court or authority, and if the driving licence is not produc ed within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement. (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendering his driving lice nce and on payment of a fee of five rupees, to receive a new driving licence free from all endorsements: Provided that if the endorsement is only in respect of an offence contravening the speed limits referred to in section 112, such person shall be entitled to receive a new driving licence free from such endorsements on the expiration of one year of the date of the endorsement: Provided further that i n reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. 1[25A. National Register of Driving Licences. (1) The Central Gove rnment shall maintain a National Register of Driving Licences in such form and manner as may be prescribed. (2) All State Registers of Driving Licences shall be subsumed under the National Register of Driving Licences by a date to be notified by the Centra l Government. (3) No driving licence issued, or renewed, under this Act shall be valid unless it has been issued a unique driving licence number under the National Register of Driving Licences. (4) All State Governments and licensing authorities under this Act shall transmit all information including contained data in the State Register of Driving Licences in such form and manner as may be prescribed by the Central Government. (5) The State Governments shall be entitled to access the National Register and u pdate their records in such manner as may be prescribed by the Central Government.] 2[26. Maintenance of Stat e Registers of Driving Licences . Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing particulars, including (a) names and addresses of holders of driving licences; (b) licen ce numbers; (c) dates of issue or renewal of licences; (d) dates of expiry of licences; (e) classes and types of vehicles authorised to be driven; and (f) such other particulars as the Central Government may prescribe.] 1. Ins. by Act 32 of 2019, s. 12 (w.e.f. 1 -4-2021). 2. Subs. by s. 13, ibid., for the section 26 (w.e.f. 1 -4-2021). 24 (2) Each State Government shall su pply to the Central Government a 1[printed copy or copy in such other form as the Central Government may require] of the State Register of Driving Licences and shall inform the Central Government without delay of all additions to and other amendments in su ch register made from time to time. (3) The State Register of Driving Licences shall be maintained in such manner as may be pres cribed by the State Government. 27. Power of Ce ntral Government to make rules .The Cent ral Government may make rules 2[(a) spec ifications relating to e -cart and e -rickshaw under sub -section ( 2) of section 2A;] 3[(aa)] regarding conditions referred to in sub -section ( 2) of section 3; (b) providing for the form in which the application for learner s licence may be made, the informat ion it shall contain and the documents to be submitted with the application referred to in sub-section ( 2) of section 8; (c) providing for the form of medical certificate referred to i n sub -section ( 3) of section 8; (d) providing for the particulars for t he test referred to i n sub -section ( 5) of section 8; 4[(da) the form and manner in which a licensing authority may issue a learners licence under sub-section ( 6) of section 8; (db) the manner in which a licensing authority may verify the identity of the a pplicant under the third proviso to sub -section ( 6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section ( 2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to i n sub -section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section ( 10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing fo r the form and contents of the licences referred to in sub -section ( 1) of section 10; (i) providing for the form and contents of the application referred to in sub -section ( 1) of section 11 and documents to be submitted with the applica tion and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an app lication made under section 11; 4[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section ( 6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause ( a) and clause ( b) of sub-section ( 2) of section 14; 1. Subs. by Act 54 of 1994, s. 10, for printed copy (w.e.f. 14 -11-1994). 2. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7 -1-2015). 3. Clause ( a) renumbered as clause ( aa) thereof by s. 5, ibid. (w.e.f. 7 -1-2015). 4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1 -9-2019). 25 (jc) the manner in which a licensing author ity may verify the identity of the applicant under the third proviso to sub -section ( 2) of section 11;] (k) providing for the form and contents of the application referred to in sub -section ( 1) of section 15 and the documents to accompany such application under sub-section ( 2) of section 15; (l) providing for the authority to grant licences under sub-section ( 1) of section 18; (m) specifying the fees payable under sub -section ( 2) of section 8, sub -section ( 2) of section 9 and sub-sections ( 3) and ( 4) of sec tion 15 for the grant of learner s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instruct ions in driving motor vehicles; (n) specifying the acts for the pur poses of clause ( f) of sub-section ( 1) of section 19; 1[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub -section ( 1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver r efresher training course as referred to in sub -section ( 2B) of section 19; ] (o) specifying the offences under this Act for the purposes of sub -section ( 2) of section 24; 1[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all o r any of the matters referred to in 2*** section 26; (q) any other matter which is, or has to be, prescr ibed by the Central Government. 28. Power of Sta te Government to make rules .(1) A State Government may make rules for the purpose of carrying into effe ct the provisions of this Chapter other than the m atters specified in section 27. (2) Without prejudice to the generality of the foregoing power, such r ules may provide for (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities; (b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appea ls and the refund of such fees: Provided that no fee so fixed s hall exceed twenty -five rupees; (c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the f ees to be charged therefor; (d) the badges and uniform to be worn by drivers of transport vehicles and t he fees t o be paid in respect of badges; (e) the fee payable for the issue of a medical certificate unde r sub -section ( 3) of section 8; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the f ees payable under this Chapter; (g) the communication of particulars of licences granted by one licensing authority to other licensing authorities; (h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued; (i) the exemption of drivers of road -rollers from all or any of the provisions of this Chapter o r of the rules made thereunder; 3* * * * (k) any other matter which i s to be, or may be, prescribed. 1. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1 -9-2019). 2. The words, brackets and figure sub -section ( 1) of omitted by s. 14, ibid. (w.e.f. 1 -9-2019). 3. Clause ( j) omitted by s. 15 (w .e.f. 1 -4-2021). 26 CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRI AGES 29. Necessity for conductor s licence .(1) No person shall act as a conductor of a stage carriage unless he holds an effective conductor s licence issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. (2) A State Government may prescribe the conditions subject to which sub -section ( 1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person em ployed to act as a conductor for a period not exceeding one month. 30. Grant of conductor s licence .(1) Any person who possesses such minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub -section (1) of section 31 and who is not for the time being disqualified for holding or obtaining a conductor s licence may apply to the licens

31 and who is not for the time being disqualified for holding or obtaining a conductor s licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductor s licence. (2) Every application under sub -section ( 1) shall be in such form and shall contain such in formation as may be prescribed. (3) Every application for a conductor s licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a rece nt photograph of the applicant. (4) A conductor s licence issued under this Chapter shall be in such form and contain such particul ars as may be prescribed and shall be effective throughout t he State in which it is issued. (5) The fee for a conductor s licence and for each renewal thereof shall be one -half of that for a drivin g licence. 31. Disqualifications for the grant of conductor s licence .(1) No person under the age of eighteen years shall hold, or be granted, a conductor s licence. (2) The licensing authority may refuse to issue a conductor s licence (a) if the applicant does not possess the min imum educational qualification; (b) if the medical certificate produced by the applicant discloses that he is physically u nfit to act as a conductor; and (c) if any previous conductor s licence hel d by the applicant was revoked. 32. Revocation of a conductor s licence on gr ounds of disea se or disability .A conductor s licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him perma nently unfit to hold such a licence and where the authority revoking a conductor s licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authorit y which issued that licence: Provided that before revoking a ny licence, the licensing authority shall give the person holding such licence a reasona ble opportunity of being heard. 33. Orders refusing, etc ., conductor s licences and appeals therefrom .(1) Where a licensing authority refuses to issue or renew, or rev okes any conductor s licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub -section ( 1) may, wit hin thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority s hall be binding on the authority which made the order. 27 34. Power of lic ensing authority to disqualify .(1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductor s licence for holding or obtaining such a licen ce on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor s licence: Provided that before disqualif ying the holder of a licence, the licensing authority shall give the person holding such licence a reasona ble opportunity of being heard. (2) Upon the issue of any such order, the holder of the conductor s licence shall forthwith surrender the licence to t he authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification h as expired or has been removed. (3) Where the authority disqualifying the holder of a conductor s licence u nder this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the a uthority which issued the same. (4) Any person aggrieved by an order made under sub -section ( 1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 35. Power of Court to disqualify .(1) Where any person holding a conductor s licence is convicted of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment author ised by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor s licence. (2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any ord er of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 36. Certain provisions of Chapter II to apply to conductor s licence .The provisions of sub-section ( 2) of section 6, sections 14, 15 and 23, sub -section ( 1) of section 24 and section 25 shall, so far as may be, apply in re lation to a conductor s licence, as they apply in relation to a driving licence. 37. Savings .If any licence to act as a conductor of a stage carriage (by whatever name called) has been issued in any State and is effective immediately before the commenceme nt of this Act, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence issued under this Chapter a s if this Chapter had been in force on the date on which that licence w as granted. 38. Power of State Government to make rules .(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejud ice to the generality of the foregoing powe r, such rules may provide for (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section ( 1) of section 29; (c) the minimum educational qualifications of conductors; their duties and f unctions and the conduct of persons to whom conductor s licences are issued; (d) the form of application for conductor s licences or for renewal of such licences and the particulars it may contain; (e) the form in which conductor s licences may be issued o r renewed and the particu lars it may contain; 28 (f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and t he fees to be charged therefor; (g) the conduct and hearing o f appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals an d the refund of such fees: Provided that no fee so fixed s hall exceed twenty -five rupees; (h) the badges and uniform to be worn by conductors of stage carr iages and the fees to be paid in respect of such badges; (i) the grant of the certificates referred to in sub -section ( 3) of section 30 by registered medical practitioners and the form of such certificates; (j) the conditions subject to which, and the exte nt to which, a conductor s licence issued in another State s hall be effective in the State; (k) the communication of particulars of conductor s licences from one auth ority to other authorities; and (l) any other matter which i s to be, or may be, prescribed . CHAPTER IV REGISTRATION OF MOTOR VEHICLES 39. Necessity for registration .No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of regi stration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark disp layed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. 40. Registration, where to be made .Subject to the provisions of section 42, section 43 and section 60, every owner of a motor v ehicle shall cause the vehicle to be registered by 1[any registering authority in the State ] in whose jurisdiction he has the residence or place of business wher e the vehicle is normally kept. 41. Registration, how to be made .(1) An application by or on b ehalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government: Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicl e for the purposes of this Act. 2[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referre d to in sub -section ( 1) shall be accompanied by such fee as may be prescr ibed by the Central Government. (3) The registering authority shall issue 3[a certificate of registration in the name of the owner ] in such form and containing such particulars and in formation and in such manner as may be prescr ibed by the Central Government. 1. Subs. by Act 32 of 2019, s. 16, for a registering authority (w.e.f. 1 -9-2019). 2. Ins. by s. 17, ibid. (w.e.f. 1 -4-2021). 3. Subs. by s. 17, ibid., for to the owner of a motor vehicle registered by it a certificate of registration (w.e.f. 1 -9-2019). 29 (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Centr al Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub -section ( 3) in a re gister to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration ma rk) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor veh icle in such form and in such manner as may be prescr ibed by the Central Government. 1[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub -section ( 1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub -section ( 3), whether before or after the commencement of this Act, in respect of a motor vehicle, 2***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such cert ificate 1[or for such period as may be prescribed by the C entral Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 2***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and informa tion as may be prescribed by the Central Government. (9) An application referred to in sub -section ( 8) shall be accompanied by such fee as may be prescr ibed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub -section ( 8), renew the certificate of registration 3[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registe ring authority. 1[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 4* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 5[last registering authority ] in such form, containing such particulars and information along with such fee as may be prescr ibed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988 .In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), - (a) in sub -sections (7) and (8), the expression, other than a transport vehicle, shall be deleted; (b) after sub -section (7) so amended, the following proviso shall be inserted, namely: - Provided that in th e case of transport vehicles, State Government may require the transport vehicles to be re -registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.; and 1. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1 -4-2021). 2. The words other than a transport vehicle omitted by s. 17, ibid., (w.e.f. 1 -4-2021). 3. Subs. by s. 17, ibid., for for a period of five years (w.e.f. 1 -4-2021). 4. Sub -sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1 -7-2021). 5. Subs. by Act 54 of 1994, s. 11, for original registering authority (w.e.f. 14 -11-1994). 30 (c) in sub -section (10) after the words for a p eriod of five years and before the words and intimate, the expression on payment of all tax

(10) after the words for a p eriod of five years and before the words and intimate, the expression on payment of all taxes, penalties and interest, if any, levied by the State Government shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2] 42. Special provision for registratio n of motor vehicl es of diplomatic officers, etc .(1) Where an application for registration of a motor vehicle is made under sub -section ( 1) of section 41 by or on behalf of any diplomatic officer or consular officer, then, notwithstanding anything containe d in sub -section ( 3) or sub -section ( 6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub -section ( 3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be regis tered otherwise under this Act. (2) If any vehicle registered unde r this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 3 9 and 40 shall thereupon apply. (3) The Cent ral Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the c ertificate s of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration marks t o be assigned to such vehicles. (4) For the purposes of this section , diplomatic officer or consular officer means any person who is recognised as such by the Central Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Gov ernment thereon shall be final. 1[43. Temporary registration . Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily regi stered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the Central Government: Provided that the State Government may register a motor vehicle that plies , temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government.] 2[44. Production of vehic le at the time of registration . (1) Subject to s uch terms and conditions as may be prescribed by the Central Government in this behalf, a motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time. (2) Subje ct to such terms and conditions as may be prescribed by the State Government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority. ] 45. Refusal of registration or renewal of t he certificate of registration .The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), i f in either case, the registering authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate or registration thereof and the registering author ity shall furnish the applicant whose vehicle is refused registration, or whose 1. Subs. by Act 32 of 2019, s. 18, for section 43 (w.e.f. 1 -4-2021). 2. Subs. by, s. 19, ibid., for section 44 (w.e.f. 1 -4-2021). 31 application for renewal of the certificate of registration is refused, a copy of such order, together wit h the reasons for such refusal. 46. Effectiv eness in India of registrat ion.Subject to the provisions of section 47, a motor vehicle registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of su ch vehicle shall be effective throughout India. 47. Assignment of new registration ma rk on removal to another State .(1) When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the veh icle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority: Provided that an application under this sub -section shall be accompanied (i) by the no objection certificat e obtained under section 48, or (ii) in a case where no such cert ificate has been obtained, by (a) the receipt obtained under su b-section ( 2) of section 48; or (b) the postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by registered post acknowledgement due to the regist ering autho rity referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which s uch certificate may be granted: Provided further that, in a case where a motor vehicle is held under a hire -purchase, lease or hypothecation agreement, an application under this sub -section shall be accompanied by a no objection certificate from the person with whom such agreeme nt has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply. (2) The registering authority, to which application is made u nder sub -section ( 1), shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in sub -section ( 6) of section 41 to be displayed and shown thereafter on th e vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registrat ion of the vehicle from the records of that registerin g authority to its own records. (3) Where a motor vehicle is held under a hire -purchase or lease or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration m ark under sub -section ( 2), inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hire -purchase or lease or hypothecation agreement (by sending to such person a n otice by registered post acknowledgement due at the address of such person entered in the certificate of registration the fact of assignment of the said registration mark). (4) A State Government may make rules under section 65 requiring the owner of a mot or vehicle not regist ered within the State, which is brought into or is for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registrat ion as may be prescribed. (5) If the owner fails to make an application under sub -section ( 1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be pr escribed under sub -section ( 7): 32 Provided that action under section 177 shall be taken against the owner where the owne r fails to pay the said amount. (6) Where the owner has paid the amo unt under sub -section ( 5), no action shall be taken against him under section 177. (7) For the purposes of sub -section ( 5), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an app lication under sub -section ( 1). 48. No objection certificate .(1) The owner of a motor vehicle when applying for the assignment of a new registration mark under sub -section ( 1) of section 47, or where the transfer of a motor vehicle is to be effected in a S tate other than the State of its registration, the transferor of such vehicle when re porting the transfer under sub -section ( 1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the r egistering authority by which the vehicle was registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in t he certificate of registration. (2) The registering authority shall, on receipt of an application under sub -section ( 1), issue a receipt in such form as may be prescr ibed by the Central Government. (3) On receipt of an application under sub -section ( 1), the registering authority may, after making such inquiry and requiring the applicant to comply with such directions as it deems fit and within thirty da ys of the receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to gran t the no objection certificate: Provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant. (4) Where within a period of thirty days referred to in sub -section ( 3), the registering authority does not refuse to grant the no objection certifica te or does not communicate the refusal to the applicant, the registering authority shall be deemed to have grante d the no objection certificate. (5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the police that no case relating to the theft of the motor vehicle concerned has been reported or is pending, verify whether all the amounts due to Government including road tax in respect of that motor vehicle have been paid and ta ke into account such other factors as may be prescr ibed by the Central Government. 1[(6) The owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle toge ther with the name of the police station where the theft report was lodged, and the registering authority shall take into account such re port while disposing of any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate.] 49. Change of residence or place of business .(1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such c hange of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the ju risdiction of another 2[State, to any registering authority in that State ], and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein. 3[(1A) The intimation under sub -section ( 1) may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the Central Government.] (2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub -section ( 1), the registering authority may, having regard to the circumstan ces of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding 4[five hundred rupees ] as may be pr escribed under sub-section ( 4): 1. Ins. by Act 54 of 1994, s. 13 (w.e.f. 14 -11-1994). 2. Subs. by Act 32 of 2019, s. 20, for registering authority, to that other registering authority (w.e.f. 1 -9-2019). 3. Ins. by s. 20, ibid. (w.e.f. 1 -9-2019). 4. Subs. b y s. 20, ibid., for one hundred rupees (w.e.f. 1 -9-2019). 33 Provided that action under section 177 shall be t aken against the owner where h e fails to pay the said amount. (3) Where a person has paid the amount under sub -section ( 2), no action shall be taken against him under section 177. (4) For the purposes of sub -section ( 2), a State Government may prescribe di fferent amounts having regard to the period of delay in intimating his new a ddress. (5) On receipt of intimation under sub -section ( 1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered i n the certificate of registration. (6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. (7) Nothing in sub -section ( 1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in t he certificate of regist ration. 50. Transfer of ownership .(1) Where the ownership of any motor vehicle registered under this Chapter is transferred, (a) the transferor shall, (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, r eport the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the tra nsfer is to be effected and shall simultaneously send a copy of th e sai d report to the transferee; and (ii) in the case of a vehicle registered outside the State, within forty -five days of the transfer, forward to the registering authority referred

(ii) in the case of a vehicle registered outside the State, within forty -five days of the transfer, forward to the registering authority referred to in sub -clause ( i) (A) the no objection certificat e obtained under sec tion 48; or (B) in a case where no such ce rtificate has been obtained, (I) the receipt obtained under su b-section ( 2) of section 48; or (II) the postal acknowledgement received by the transferred if he has sent an application in this behalf by registered post acknowledgement due to the registering autho rity referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction sub ject to which such certificate may be gra nted; (b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership m ay be entered in the certificate of registration. (2) Where (a) the person in whose name a motor veh icle stands registered dies, or (b) a motor vehicle has been purchased or acquired at a public auction conducted b y, or on behalf of, Government, the perso n succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescr ibed by the Central Government. 34 (3) If the transferor or the t ransferee fails to report to the registering authority the fact of transfer within the period specified in clause ( a) or clause ( b) of sub -section ( 1), as the case may be, or if the person who is required to make an application under sub -section ( 2) hereaf ter in this section referred to as the other person fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be pr escribed under sub -section ( 5): Provided that action under section 177 shall be taken against the tran sferor or the transferee or the other person, as the case may be, where h e fails to pay the said amount. (4) Where a person has paid the amount under sub -section ( 3), no action shall be taken against him under section 177. (5) For the purposes of sub -section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the applica tion under sub -section ( 2). (6) On receipt of a report under sub -section ( 1), or an application under sub -section ( 2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. (7) A registering authori ty making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority. 51. Special provisions regarding motor vehicle subject to hire -purchase agree ment, etc .(1) Where an application for registration of a motor vehicle which is held under a hire -purchase, lease or hypothecation agreement (hereafter in this section referred to as the said agreement) is made, the registering authority shall make an ent ry in the certificate of registration regarding the e xistence of the said agreement. (2) Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the 1[last registering authority ] shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration 2[and an intimat ion in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (3) Any entry made under sub -section ( 1) or sub-section (2), may be cancelled by the 1[last registering authority ] on proof of the termination of the said agreement by the parties concerned on an application being made in such form as the Ce ntral Government may prescribe2[and an intimation in this behalf shall be sent to the original registering authority if th e last registering authority is not the original registering authority] . (4) No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written c onsent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has e ntered into the said agreement. (5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle3[from the registered owner] owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to hi m a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and 1. Subs. by Act 54 of 1994, s. 14, for original registering authority (w.e.f. 14 -11-1994). 2. Added by s. 14, ibid. (w.e.f. 14 -11-1994). 3. Ins. by s. 14, ibid. (w.e.f. 14 -11-1994). 35 issuea fresh certificate of registra tion in the name of the person with whom the registered owner has entered into the said agreement: Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee: Provided fu rther that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub -section would have been in force. (6) The r egistered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certifi cate of registration under sub -section ( 14) of section 41, or for the assignment of a new registration ma rk 1[under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under secti on 49, or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certifi cate). Explanation .For the purpos es of this sub -section and sub -sections ( 8) and ( 9), appropriate authority , in relation to any permit , means the authority which is authoris ed by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark. (7) Within seven days of the recei pt of an applic ation under sub -section ( 6), the financier may issue, or refuse , for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for , and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to hav e been issued by the financier. (8) The registered owner shall, while applying to the a ppropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under sub -section ( 14) of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate , if any , obtained under sub -section ( 7) or, where no such certificate has been obtained, the communication received from the financier under that sub -section, or, as the case may be, a declaration that he has not received any communication from the financier within the period of seven days specified in th at sub -section. (9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registra tion mark in respect of a vehicle which is held under the said agreement , the appropriate authority may, subject to the other provisions of this Act, (a) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an oppor tunity of being heard, either (i) renew or refuse to renew the permi t, or (ii) issue or refuse to issue the duplicate certificate of registration, or (iii) assign or refuse to assign a new registration mark; (b) in any other case, (i) renew the permit, or (ii) issue duplicate certificate of registration, or (iii) assign a new registration mark. (10) A registering authority making an entry in the certific ate of registration regarding (a) hire -purchase lease or hypothecation a greement of a mo tor vehicle, or 1. Subs. by Act 54 of 1994, s. 14, for under section 47, make an application (w.e.f. 14 -11-1994). 36 (b) the cancellation under sub-section ( 3) of an entry, or (c) recording transfer of ownership of motor vehicle, or (d) any al teration in a motor vehicle, or (e) suspension or cancellation of regi stration of a motor vehicle, or (f) change o f address, shall communicate 1[by registered post acknowledgment due] to the financier that such entry has been made. 2[(11) A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certifi cate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction. (12) The registering authority where i t is not the original registering authority, when making entry under sub -section (1) or sub -section (2),or cancelling the said entry under sub -section (3) or issuing the fresh certificate of registration under sub -section (5) shall communicate the same to the original registering autho rity.] 3[52. Alteration in motor vehicle . (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the ma nufacturer: Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar p ower, liqui d petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such c onditions as may be prescribed: 4[Provided further that the Central Government may prescribe specifica tions, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such alteration or retrofitment.] Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified a bove, for any specific purpose. 5[(1A) A manufacturer of a motor vehicle shall on the direction issued by the Central Government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the Central Government.] 6[(2) Notwithstanding anything contained in sub -section ( 1), any person may, with the subsequent approval of the registering authority, alter or cause to be altered any vehicle owned by him to be converted into an adapted vehicle: Provided that such alteration complies with such conditions as may be prescribed by the Central Government.] (3) Where any a lteration has been made in motor vehicle without the approval of registering authority 7***, the owner of the vehicle shall, w ithin fourteen days of the makin g of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the 1. Ins. by Act 54 of 1994, s.14 (w.e.f. 14 -11-1994). 2. Subs. by s.14, ibid., for sub -section ( 11) (w.e.f. 14 -11-1994). 3. Subs. by Act 27 of 2000, s. 2, for section 52 (w.e.f. 11 -8-2000). 4. The Proviso subs. by Act 32 of 2019, s. 21, (w.e.f. 1 -4-2021). 5. Ins. by s. 21, ibid. (w.e.f. 1 -9-2019). 6. Subs. by s. 21, ibid., for sub -section (2) (w.e.f. 1 -4-2021). 7. The words or by reason of replacement of its engine with out such approval under sub -section (2) omitted by s. 21, ibid., (w.e.f. 1 -4-2021). 37 certificate of registration to that authority together with the prescribed fee in order that particulars of registration ma y be entered therein. (4) A registering authority other than the original registering authority maki ng any such entry shall communicate the details of the entry to the original registering authority. (5) Subject to the provisions made under sub -sections ( 1), (2), (3) and ( 4), no person holding a vehicle under a hire -purchase agreement shall make any alte ration to the vehicle except with the written c onsent of the registered owner. Explanation .For the purposes of this section, alteration

the vehicle except with the written c onsent of the registered owner. Explanation .For the purposes of this section, alteration means a change in the structure of a vehicle which results in a change in its basic feature.] 53. Suspension of regis tration .(1) If any registering authority or other prescribed authority has reason to believe that any motor ve hicle within its jurisdiction (a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fail s to comply with the requirements of this Act or o f the rules made thereunder, or (b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any repre sentation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate o f registration of the vehicle (i) in any case falling under clause ( a), until the defects are rec tified to its satisfaction; and (ii) in any case falling under clause ( b), for a pe riod not exceeding four months. (2) An authority other than a registering authority shall, when making a suspension order under sub-section ( 1),intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. (3) Where the registeration of a motor ve hicle has been suspended under sub -section ( 1), for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering autho rity, inform th at authority of the suspension. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration. (5) A certificate of registration surrendered under sub -section ( 4) shall be returned to the owner when the order suspending registration has been rescinded and not before. 54. Cancellation of registrat ion suspended under se ction 53 .Where the suspension of registration of a vehicle under section 53 has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspende d, may, if it is the original registering authority, cancel the registration, and if it is not the original registering authority, shall forward the certificate of registration to that authority whi ch may cancel the registration. 55. Cancellation of regist ration .(1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to that authority the certificate of registration of the vehicle. (2) The registering authority shall, if it is the original registering authority, cancel the regis tration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration. 38 (3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may b y order appoint and, if, upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a da nger to the public and that it is beyond reasonable repai r, may cancel the registration. (4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration. (5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by regis tered post acknowledgement due at his address entered in the certificate of registration), and for reasons to be recorded in w riting , cancel the registration. 1[(5A) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199A, the authority may, after giving the owner an opportunity of making a representation in writing, cancel the certificate of registration of the vehicle for a period of one year: Provided that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41.] (6) A registering authority cancelling the registration of a motor vehicle und er section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of r egistration of the vehicle. (7) A registering authority mak ing an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to th e motor vehicle in its records. (8) The expression original registering authority in this se ction and in sections 41, 49, 50, 51, 52, 53 and 54 means the registering authority in whose records the registration of the vehicle i s recorded. (9) In this section, certificate of registration includes a certificate of registration renewed un der the provisions of this Act. 56. Certificate of fitness of transport vehicles .(1) Subject to the provisions of sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authori sed testing station mentioned in sub -section ( 2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereund er: Provided that where the prescribed authority or the authori sed testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reas ons in writing for such refusal. 2[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.] 3[(2) The authorised testing station referred to in sub -section ( 1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government f or recognition, regulation and control of such stations.] (3) Subject to the provisions of sub -section ( 4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having reg ard to the objects of this Act. 1. Ins. by Act 32 of 2019, s. 22 (w.e.f. 1 -9-2019). 2. Ins. by, s. 23, ibid. (w.e.f. 1 -4-2021). 3. Subs. by s. 23, ibid., for sub -section (2) (w.e.f. 1 -4-2021). 39 (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereund er; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificat e of fitness has been obtained : 1[Provided that no such cance llation shall be made by the prescribed authority unless, (a) such prescribed authority holds such technical qualification as may be prescribed by the Central Government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification; and (b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose cert ificate of fitness is sought to be cancelled: Provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority.] (5) A certificate of fitness issued under this Act shall, while it remains effect ive, be valid throughout India. 2[(6) All transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. (7) Subject to such conditions as the Central Government may prescribe, the provisions of this section may be extended to non -transport vehicles.] 57. A ppeals .3[(1) Any person aggrieved by an order of the registering autho rity under section 41, 42, 43, 45, 47, 48 , 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the orde r to the p rescribed authority.] (2) The appellate authority shall give notice of the appeal to the original authority and after giving an opportunity to the original authority and the appellant to be heard in the appeal pass such orders as it thinks fit. 58. Specia l provisions i n regard to transport vehicles .(1) The Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, (other than a motor cab), and its make and model and other relevant consi derations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the 4[maximum gross vehicle weight ] of such vehicle and the maximum safe axle weigh t of each axle of such vehicle. (2) A registering au thority, when registering a transport vehicle, other than a motor cab shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the f ollowing particulars, namely: (a) the unladen weight of the vehicle ; (b) the number, nature and size of the tyres attached t o each wheel; (c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriag e of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the pr escribed manner on the vehicle. 1. The p roviso subs. by Act 32 of 2019, s. 23, (w.e.f. 1 -4-2021). 2. Ins. by s. 23, ibid., (w.e.f. 1 -4-2021). 3. Subs. by Act 54 of 1994, s.17, for sub -section ( 1) (w.e.f. 14 -11-1994). 4. Subs. by s. 18, ibid., for maximum safe laden weight (w.e.f. 14 -11-1994). 40 (3) There shall not be entered in t he certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub -section ( 1) in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its whe els: Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub -section ( 1) may be permitted in a particular locality for vehicle s of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. 1* * * * * (5) In order that the gross vehicl e weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub -section ( 3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribe d to produce the certificate of registration within such time as may be specifie d by the registering authority. 59. Power to fix the age limit of motor vehicle .(1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder: Provided that the Central Government may specify different ages for different classes or dif ferent types of motor vehicles. (2) Notwithstanding anything contained in sub -section ( 1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order , subject to such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section ( 1) for the purpose to be stated in the notification. (3) Notwithstanding anything contained in section 56, no pres cribed authority or authori sed testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notificatio n issued under sub -section ( 1). 2[(4) The Central Government may, having regard to the public safety , convenience, protection of the environment and the objects of this Act, make rules prescribing the manner of recycling of motor vehicles and parts thereof which have exceeded their life.] 60. Registration of vehicles belon ging to the Central Government .(1) Such authority as the Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government

commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government, require to be regis tered ot herwise under this Act. (2) The authority registering a vehicle under sub -section ( 1) shall assign a registration mark in accordance with the provisions contained in the rules made in this behalf by the Central Government and shall issue a certificate in r espect of that vehicle to the effect that such vehicle complies for the time being with all the requirements of this Act and the rules made thereunder and that the vehicle has been registered under this section. (3) A vehicle registered under this section shall carry the certificat e issued under sub -section ( 2). (4) If a vehicle registered under this section ceases to be the property or under the exclusive control of the Central Government, the provisions of sections 3 9 and 40 shall thereupon apply. 1. Sub -section ( 4) omitted by Act 27 of 2000, s. 3 (w.e.f. 11 -8-2000). 2. Ins. by Act 32 of 2019, s. 24 (w.e.f. 1 -9-2019). 41 (5) The authority registering a vehicle under sub -section ( 1) shall furnish to any State Government all such information regarding the general nature, overall dimensions and axle weights of the vehicle as the State Gove rnment may at any time require. 61. Appl ication of Chapter to trailers .(1) The provisions of this Chapter shall apply to the registration of trailers as they apply to the registrat ion of any other motor vehicle. (2) The registration mark assigned to a trailer shall be displayed in such manner on th e side of the drawing vehicle, as may be prescr ibed by the Central Government. (3) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed on the trailer or on the last trailer in the train, as the case may be, in such manner as may be prescr ibed by the Central Government. 62. Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority .The State Government may, if it thinks necessary or expedient so to do in the public interest, direct the submission by the Inspector General of Police (by whatever designation called) and such other police officers as the State Government may specify in this behalf , of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which su ch returns shall be made. 1[62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles .(1) No registering authority shall register any motor vehicle that contravenes any rule made under clause ( a) of sub -section (1) of section 110. (2) No prescribed authority or authorised testing station shall issue a certificate of fitness under section 56 to any motor vehicle that contravenes any rule made under section 110.] 62B. National Register of Motor Vehicles . (1) The C entral Government shall maintain a National Register of Motor Vehicles in such form and manner as may be prescribed by it: Provided that all State Registers of Motor Vehicles shall be subsumed under the National Register of Motor Vehicles by such date as m ay be notified in the Official Gazette by the Central Government. (2) No certificate of registration issued, or renewed, under this Act shall be valid unless it has been issued a unique registration number under the National Register of Motor Vehicles (3) In order to maintain the National Register of Motor Vehicles, all State Governments and registering authorities under this Act shall transmit all information and data in the State Register of Motor Vehicles to the Central Government in such form and manner as may be prescribed by the Central Government. (4) State Governments shall be able to access the National Register of Motor Vehicles and update records in accordance with the provisions of this Act and the rules made by the Central Government thereunder. ] 2[63. Maintenance of Sta te Registers of Motor Vehicles . (1) Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicles, in respect of the motor vehicles in that State, containing the particulars including (a) registration numbers; (b) years of manufacture; (c) classes and types; (d) names and addresses of registered owners; and (e) such other particulars as may be prescribed by the Central Governmen t.] 1. Ins. by Act 32 of 2019, s. 25 (w.e.f. 1 -4-2021). 2. Subs. by s. 26, ibid., for section 63 (w.e.f. 1 -4-2021). 42 (2) Each State Government shall supply to the Central Government 1[if so desired by it] a printed copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Motor Vehicles shall be maintained in such manner as may be pres cribed by the State Government. 64. Power of Ce ntral Government to make rules .The Central Government may make rules to provide for all or any of t he following matters, namely: (a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section ( 1) of section 41; (b) the form in which the ce rtificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub -section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registratio n shall be entered in the records of the registering authority under sub-section ( 5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub -section ( 6) of section 41 shall be displayed and shown; 2[(da) providing for the period of validity of a certificate of registration under sub -section ( 7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and inf ormation it shall contain under sub-section ( 8) of section 41; 2[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section ( 10) of section 41;] (f) the form in which the application referred to in sub -section ( 14) of section 41 shall be made, the particulars and information it shall con tain and the fee to be charged; 2[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub -section ( 1) of section 44;] (g) the form in which the period within which the application referred to in sub -section ( 1) of section 47 shall be made and th e particulars it shall contain; (h) the form in which and the manner in which the application for No Objection Certificate shall be made under sub -section ( 1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub -section ( 1) of section 49 and the documents to be submit ted along with the application; 3[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section ( 1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub -section ( 1) of section 50 or under sub -section ( 2) of section 50 and the document to be submit ted along with the applic ation; 1. Ins. by Act 54 of 1994, s. 19 (w.e.f. 14 -11-1994). 2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1 -9-2019). 3. Ins. by, s. 27, ibid. (w.e.f. 1 -9-2019). 43 (l) the form in which the application under sub -section ( 2) or sub -section ( 3) of section 51 shall be made; 1[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub -section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under sub-section ( 2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub -section ( 1) of sect ion 56 and the particulars an d information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 1[(na) the distinguishing mark to be carried on the body of transport vehicles under su b-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non -transport vehicles under sub -section ( 7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section ( 4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endo rsement in respect of agreement of hire -purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, a nd the refund of such fees. 1[(oa) all or any of the matters under sub -section ( 1) of section 62B; (ob) all or any of the matters under sub -section ( 1) and sub -section ( 2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government. 65. Power of State Government to make rules .(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 6 4. (2) Without prejudice to the generality of the foregoing powe r, such ru les may provide for (a) the conduct and hearing of appeals that may be preferred under this Chapter (the fees to be paid in respect of such appeal s and the refund of such fees); (b) the appointment, functions and jurisdiction of registering an d other pres cribed authorities; (c) the exemption of road -rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads from all or any of the provisions of this Chapter and the rules made thereunder and the condi tions governing such exemption; (d) the issue or renewal of certificates of registration and fitness and duplicates of such certificates to replace the certificates lost, destroyed or mu tilated; (e) the production of certificates of registration before the regi stering authority for the revision of entries therein of particulars relati ng to the gross vehicle weight; (f) the temporary registration of motor vehicles, and the issue of temporary certifi cate of registration and marks 2[under the proviso to section 43] ; (g) the manner in which the particulars referred to in sub -section ( 2) of section 58 and other prescribed particulars shall be exhibited; 1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1 -9-2019). 2. Ins. by s. 28, ibid. (w.e.f. 1 -9-2019). 44 (h) the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the f ees payable under this Chapter; (i) the forms, other than those prescribed by the Central Government, to be used f or the purpose of this Chapter; (j) the communication between registering authorities of particulars of certificates of registration and by ow ners of vehicles registered outside the State of particulars of such vehi cles and of their registration; (k) the amount or amounts under sub -section ( 13) of section 41 or sub-section ( 7) of section 47 or sub-section ( 4) of section 49 or sub-section ( 5) of section 50; (l) the extension of the validity of certificates of fitness pending consideration of applications for their renewal; (m) the exemption from the provisions of this Chapter, and the conditions and fees for exemption, of motor vehicle s in the pos session of dealers; (n) the form in which and the period within which the return under section 62 shall be sent; 1* * * * * (p) any other matter which is to be or may be prescribed. CHAPTER V CONTROL OF TRANSPORT VEHICLES 66. Necessity for permits .(1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or co untersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in w hich the vehicle is being used: Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicl e as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods car riage either when carrying passengers or not: Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle for the carriage of goods for or in connection with a trade or business carried on by him. 2[Provided also that where a transport vehicle has been issued any permit or permits, as well as a licence under this Act, such vehicle may be used either under the permit, or permits, so issued to it, or under such licence, at t he discretion of the vehicle owner.] (2) The holder of a goods carriage permit may use the vehicle, for the drawing of any public or

discretion of the vehicle owner.] (2) The holder of a goods carriage permit may use the vehicle, for the drawing of any public or semi - trailer not owned by him, subject to such c onditions as may be prescribed. 3[Provided that the holder of a permit of a ny articulated vehicle may use the prime -mover of that articulated veh icle for any other semi -trailor. ] (3) The provisions of su b-section ( 1) shall not apply (a) to any transport vehicle owned by the Central Government or a State Government and used for G overnment purposes unconnected with any commercial enterprise; (b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road water ing or conservancy purposes; 1. Clause ( o) omitted by Act 32 of 2019, s. 28 (w.e.f. 1 -4-2021). 2. Ins. by s. 29, ibid. (w.e.f. 1 -9-2019). 3. Added by Act 54 of 1994, s. 20 (w.e.f. 14 -11-1994). 45 (c) to any transport vehicle used solely for police, fire brigade or ambulance purposes; (d) to any transport vehicle used solely for the conveyance of corpses and the mou rners accompanying the corpses; (e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disable d vehicle to a place of safety; (f) to any transport vehicle used for any other public purpose as may be prescribed by the S tate Government in this behalf; (g) to any transport vehicle used by a person who manuf actures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accorda nce with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf; 1* * * * * (i) to any goods vehicle, the gross vehicle weight of which d oes not exceed 3,000 kilograms; (j) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State an d proceeding to a place, situated in that State or in any other State, without c arrying any passenger or goods; (k) to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of regis tration of the vehicle; 2* * * * * (m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances is required to be diverted through any other route, whether within or o utside the State, with a view to enabli ng it to reach its destination; (n) to any transport vehicle used for such purposes as the Central or State Gov ernment may, by order, specify; (o) to any transport vehi cle which is subject to a hire -purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, the person with whom the owner has entered into such agreement, to enable such motor vehic le to reach its destination; or (p) to any trans port vehicle while proceeding empty to any place for purpose of repair. 3[(q) to any transport vehicle having been issued a licence under a scheme, under sub -section ( 3) of section 67 or sub -section ( 1) of section 88A, or plying under such orders as may be issued by the Central Government or by the State Government. ] (4) Subject to the provisions of sub -section ( 3), sub -section ( 1) shall if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more tha n nine persons excluding the driver. 4[66A. National Transportation Policy .The Central Government may develop a National Transportation Policy consistent with the objects of this Act in concurrence with the State Governments and other agencies with a view to (i) establish a planning framework for passengers and goods transportation within which transport bodies are to operate; 1. Cl. ( h) omitted by Act 27 of 2000, s. 4 (w.e.f. 11 -8-2000). 2. Cl. ( l) omitted by Act 39 of 2001, s. 2 (w.e.f. 27 -9-2001 ). 3. Ins. by Act 32 of 2019, s. 29 (w.e.f. 1 -9-2019). 4. Ins. by, s. 30, ibid. (w.e.f. 1 -9-2019). 46 (ii) establish a medium and long term planning framework for all forms of road transport, identify areas for the development of tr ansport improvement infrastructure across India in consultation with the authorities and agencies related to ports, railways and aviation as well as with local and State level planning, land holding and regulatory authorities for the delivery of an integra ted multimodal transport system; (iii) establish the framework of grant of permits and schemes; (iv) establish strategic policy for transport by road and its role as a link to other means of transport; (v) identify strategic policies and specify priorities for the transport system that address current and future challenges; (vi) provide medium to long term strategic directions, priorities and actions; (vii) promote competition, innovation, increase in capacity, seamless mobility and greater efficiency in tr ansport of goods or livestock or passengers, and economical use of resources; (viii) safeguard the interest of the public and promote equity, while seeking to enhance private participation and public -private partnership in the transport sector; (ix) demons trate an integrated approach to transport and land use planning; (x) identify the challenges that the National Transportation Policy seeks to address; and (xi) address any other matter deemed relevant by the Central Government. 66B. No bar against permit h olders to apply and hold licences under schemes .No person who holds the permit issued under this Act shall (a) be disqualified from applying for a licence under the scheme made under sub -section ( 3) of section 67 or sub -section ( 1) of section 88A by reas on of holding such permit; and (b) be required to get such permit cancelled on being issued a licence under any scheme made under this Act.] 67. Power to State Govern ment to control road transport .1[(1) A State Government, having regard to (a) the advant ages offered to the public, trade and industry by the development of motor transport; (b) the desirability of co -ordinating road and rail transport; (c) the desirability of preventing the deterioration of the road system, and (d) promoting effective compet ition among the transport service providers, may, from time to time, by notification in the Official Gazette issue directions both to the State Transport Authority and Regional Transport Authority regarding the passengers convenience, economically competi tive fares, prevention of overcrowding and road safety.] (2) Any direction under sub -section ( 1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights shall be inclusi ve of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage 1. Subs. by Act 32 of 2019 s. 31, for sub -section ( 1) (w.e.f. 1 -9-2019). 47 carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passengers and goods: 1[Provided that the State Government may subject to such conditions as it may deem fit, and with a view to achieving the objectives specified in clause ( d) of sub -section ( 1), relax all or any of the provisions made under this Chapter.] 1[(3) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for the transportation of goods and passengers and issue licences under such scheme for the promotio n of development and efficiency in transportation (a) last mile connectivity; (b) rural transport; (c) reducing traffic congestion; (d) improving urban transport; (e) safety of road users; (f) better utilisation of transportation assets; (g) the enhanceme nt of economic vitality of the area, through competitiveness, productivity and efficiency; (h) the increase in the accessibility and mobility of people; (i) the protection and enhancement of the environment; (j) the promotion of energy conservation; (k) improvement of the quality of life; (l) enhance integration and connectivity of the transportation system, across and between modes of transport; and (m) such other matters as the Central Government may deem fit. (4) The scheme framed under sub -section ( 3), shall specify the fees to be charged, form of application and grant of a licence including the renewal, suspension, cancellation or modification of such licence. ] 68. Transport Authorities .(1) The State Government shall, by notification in the Official Ga zette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub -section ( 3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority; the powers and functions conferred by or under this Chapter on such Authorities: Provided that in the Union territories, the Administrator may abstain from constituting an y Regional Transport Authority. (2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional author ity or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of a State Transport Authority, such other persons (whether officials or not), not being mor e than four and, in the case of a Regional Transp ort Authority, such other persons (whether officials or not), not being more than two, as the State Government may think fit to appoint; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue 1. Ins. by Act 32 of 2019, s. 31 (w.e.f. 1 -9-2019). 48 to be, a member of a State or Regional Transport Authority, and, if any person being a member of any such Authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give n otice in writing to the State Government of the acquisition of such in terest and shall vacate office: Provided that nothing in this sub -section shall prevent any of the members of the State Transport Authority or a Regional Transport Authority, as the case may be, to preside over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not possess judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or t ake any decision under any law: Provided further t hat the State Government may, (i) where it considers necessary or expedient so to do, constitute the State Transport Authority or a Regional Transport Authority for any region so as to consist of only one member who shall be an official with judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or t ake any decision under any law; (ii) by rules made in th is behalf, provide for the transaction of business of such authorities in the absence of the Chairman or any other member and specify the circumstances under which, and the manner in which, such b usiness could be so transacted: Provided also that nothing i n this sub -section shall be construed as debarring an official (other than an official connected directly with the management or operation of a transport undertaking) from being appointed or continuing as a member of any such authority merely by reason of the fact that the Government employing the official has, or acquires, any financial inter est in a transport undertaking. (3) The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under section 67 an d the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise and discharge throughout the State the following powers and fun ctions, namely: (a) to co -ordinate and regulate the activities a nd policies of the Regional Transport Aut horities, if any, of the State; (b) to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform thos e duties in respect of any route common to two or more regions; (c) to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities ; and 1[(ca) Government to formulate routes for plying stage carri ages;] (d) to discharge such other functions as may be prescribed. (4) For the purpose of exercising and discharging the powers and functions specified in sub-section ( 3), a State Transport Authority may, subject to such conditions as may be prescribed, i ssue directions to any Regional Transport Authority, and the Regional Transport Authority shall, in the discharge of its functions under this Act, give effect to an d be guided by such directions. (5) The State Transport Authority and any Regional Transport Authority, if authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions, limitations and conditions as may be prescribed by the said rules. 69. General provision as to applications for permits .(1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles: Provided that if it is proposed to use the vehicle or vehi cles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the 1. Ins. by Act 54 of 1994, s. 22 (w.e.f. 14 -11-1994). 49 major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed t o keep the vehicle or vehicles: Provided further that if it

the Regional Transport Authority of the region in which it is proposed t o keep the vehicle or vehicles: Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has h is principal place of business. (2) Notwithstanding anything contained in sub -section ( 1), the State Government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub -section shall be made to the State Transport Authority of the regi on in which the applicant resides or has h is principal place of business. 70. Applica tion for stage carriage permit .(1) An application for a permit in respect of a stage carriage (in this Chapter referred to as a stage carriage permit) or as a reserve sta ge carriage shall, as far as may be, contain the f ollowing particulars, namely: (a) the route or routes or the area or areas to which the application relate s; (b) the type and seating capacity of each such vehicle; (c) the minimum and maximum number of da ily trips proposed to be provided and the time-table of the normal trips. Explanation .For the purposes of this section, section 72, section 80 and section 102, trip means a single journey from one point to another, and every return journey shall b e deem ed to be a separate trip; (d) the number of vehicles intended to be kept in reserve to maintain the service and to pro vide for special occasions; (e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comf ort and convenience of passengers and for the stora ge and safe custody of luggage; (f) such othe r matters as may be prescribed. (2) An application referred to in sub -section ( 1) shall be accompanied by such documents as may be prescribed. 71. Procedure of Regional Transport Authority in considering applicati on for stage carriage permit . (1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have reg ard to the objects of this Act: 1* * * * * (2) A Regi onal Transport Authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be drive n are likely to be contravened: Provided that before such refusal an opportunity shall be given to the applicant to amend the time - table so as to conform to the said provisions. (3) (a) The State Government shall, if so directed by the Central Government having regard to the number of vehicles, road conditions a nd other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage carriages generally or of any specified type, as may be fixed and specified in the notifi cation, operating on city routes in towns with a populati on of not less than five lakhs. (b) Where the number of stage carriages are fixed under clause ( a), the Government of the State shall reserve in the State certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment t o public services in the State. 1. Proviso omitted by Act 54 of 1994, s. 23 (w.e.f. 14 -11-1994). 50 (c) Where the number of stage carriages are fixed under clause ( a), the Regional Transport Autho rity shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under sub -clause ( b). (d) After reserving such number of permits as is referred to in clause ( c), the Regional Transport Authority shall in considering an application have regard to t he following matters, namely: (i) financ ial stability of the applicant; (ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an oper ator of stage carriage service; and (iii) such other matters as may be pres cribed by the State Government: Provided that, other conditions being equal, preference shall be given to applicat ions for permits from (i) State transport undertakings; (ii) co-operative societies registered or deemed to have been registered under any enactment for the time being in force; 1*** (iii) ex-servicemen; 2[or] 2[(iv) any other class or category of persons, as the State Government may, for reasons to be recorde d in writin g consider necessary. ] 3* * * * * Explanation .For the purposes of this section company means any body corporate, and includes a firm or other association of individuals; and director , in relation to a firm, means a partner in the firm. STATE AMENDMENT Kerala Amendment of section 71 .In section 71 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), (hereinafter referred to as the principal Act), in sub -section (4). (i) for the words five and ten, the words ten and fifty shall , respectively, be substituted; (ii) for the words any company, the words any co -operative society or to any company shall be substituted. [Vide Kerala Act 12 of 1993, sec. 2.] 72. G rant of stage carriage permits .(1) Subject to the provisions of secti on 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such pe rmit shall be granted in respect of any route or area no t specified in the application. (2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subj ect to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely: (i) that the vehicles shall be used only in a specified area, or on a specified route or routes; (ii) that the operation of the sta ge carriage shall be commenced with effect from a specified date; (iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or o n specified days and occasions; (iv) that copies of the time -table of the st age carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts o n the route or within the area; (v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify; (vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set d own except at specified points; 1. The word or omitted by Act 54 of 1994, s. 23 (w.e.f. 14 -11-1994). 2. Ins. by s. 23, ibid. (w.e.f. 14 -11-1994). 3. Sub -sections ( 4) and ( 5) omitted by s. 23, ibid. (w.e.f. 14 -11-1994). 51 (vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons; (viii) the weight and nature of passengers ; luggage that shall be car ried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causi ng inconvenience to passengers; (ix) the rate of charge that may be levied for passengers luggage in excess of the free allowance; (x) that vehicles of a specified type fitted with body conforming to approve d specifications shall be used: Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers; (xiii) that fares shall be charged in accordanc e with the approved fare table; (xiv) that a copy of, or extract from, the fare table approved by the Regiona l Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts; (xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner; (xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails ar e to be carried and the charges which may be levied) as may be specified; (xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions; (xviii) the conditions subject to which vehicle may be used as a contract carriage; (xix) that specified arrangements shall be made for the housing, mai ntenance and repair of vehicle; (xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use; (xxi) that the conditions of the permit shall not be departed from, save with the approval of th e Regional Transport Authority; (xxii) that the Regional Transport Authority may, after giving noti ce of not l ess than one month, (a) vary the c onditions of the permit; (b) attach to the permit further conditions: Provided that the conditions specified in pursuance of clause ( i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made on ly after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so va ried or any part thereof; (xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government m ay from time to time prescribe ; (xxiv) any other conditions w hich may be prescribed. 52 1[Provided that the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.] 73. Applicatio n for contract carriage permit .An a pplication for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the f ollowing particulars, namely: (a) the type and s eating capacity of the vehicle; (b) the area fo r which the permit is r equired; (c) any other parti culars which may be prescribed. 74. Grant of contract carriage permi t.(1) Subject to the provisions of sub -section ( 3), a Regional Transport Authority may, on an application made to it under section 73, grant a contract carriag e permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any area not specified in the application. (2) The Regional Transport Auth ority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely: (i) that the vehicles shall be used only in a specified area or on a specified route or routes; (ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered i nto outside the specified area; (iii) the maximum number of p assengers and the maximum weight of luggage that may be carried on the vehicles, either generally or on specified occasions or at specified times and seasons; (iv) the conditions subject to which goods may be carried in any contract carriage in addition t o, or to the exclusion of, passengers; (v) that, in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of the fare table sha ll be exhibited on the vehicle; (vi) that, in the case of vehicles other than motor cabs, specifi ed rates of hiring not exceeding specified maximum shall be charged; (vii) that, in the case of motor cabs, a special weight of passengers luggage shall be carried free of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate; (viii) that, in the case of motor cabs, a taximeter shall be fitted and maintained in prope r working order, if prescribed; (ix) that the Regional Transport Authority may, after giving , notice of not less than one month, (a) vary the cond itions of the permit; (b) attach to the permit further conditions; (x) that the conditions of permit shall not be departed from save with the approval of th e Regional Transport Authority; (xi) that specified standards of comfort and cleanliness shall be ma intained in the vehicles; (xii) that, except in the circumstances of exceptional nature, the plying of the vehicle or carrying of the p assengers shall not be refused; (xiii) any other cond itions which may be prescribed. 1. Ins. by Act 32 of 2019, s. 32 (w.e.f. 1 -9-2019). 53 1[Provided that the Regional Transpo rt Authority may in the interests of last mile connectivity waive any such condition in respect of any such types of vehicles as may be specified by the Central Government.] (3) (a) The State Government shall, if so directed by the Central Government, havi ng regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of contract carriages generally or of any sp ecified type, as may be fixed and specified in the notification, operating on city routes in towns with a populati on of not less than five lakhs. (b) Where the number of contract carriages are fixed under clause ( a), the Regional Transport Authority shall, in considering an application for the grant of permit in respect of any such contract carriage, have regard to t he following matters, namely: (i) financ ial stability of the applicant; (ii) satisfactory performance as a contract carriage operator includin g payment of tax if the applicant is or has been an oper ator of contract carriages; and (iii) such other matters as may be pres cribed by the State Government: Provided that, other conditions being equal, preference shall

(iii) such other matters as may be pres cribed by the State Government: Provided that, other conditions being equal, preference shall be given to applications for permit s from (i) the India Tourism Development Cor poration; (ii) State To urism Development Corporations; (iii) State Tourism Departments; (iv) State transport undertakings; (v) co-operative societies registered or deemed to have been registered under any enactm ent for the time being in force; (vi) ex-servicemen; 1[(vii) self -help groups.] 75. Sc heme for renting of motor cabs .(1) The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renti ng of 2[motor cabs or motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor cycles] for their own use and for m atters connected therewith. (2) A scheme made under sub -section ( 1) may provide for all or any o f the following matters, namely: (a) licensing of operators under the scheme including grant, renewal and revocation of such licences; (b) form of application and form of licences and the parti culars to be contained therein; (c) fee to be paid with the application for such licences; (d) the authorities to which the application shall be made; (e) condition subject to which such licences may be granted, renewed or revoked; (f) appeals against orders of refusal to grant or renew such licences and appeals aga inst orders revoking such licences; (g) conditions subject to which motor cabs may be rented; (h) maintenance of records and inspection of such records; (i) such other matters as may be necessary to carry ou t the purposes of this section. 1. Ins. by Act 32 of 2019, s. 33 (w.e.f. 1 -9-2019). 2. Subs. by Act 54 of 1994, s. 24, for motor cabs to persons desiring to drive the cabs (w.e.f. 14 -11-1994). 54 76. Application f or private service vehicle permit .(1) A Regional Transport Authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit: Provided that no such permit shall be granted in respect of any area or route no t specified in the application. (2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars, namely: (a) type and seating capacity of the vehicle; (b) the area or the route or routes to which the application relates; (c) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehic le; and (d) any other parti culars which may be prescribed. (3) The Regional Transport Authority if it decides to grant the permit may, subject to any rules that may be made under this Act, attach to th e permit any one or more of the following conditions, n amely: (i) that the vehicle be used only in a specified area or on a specified route or routes; (ii) the maximum number of persons and the maximum weight of luggage that may be carried; (iii) that the Regional Transport Authority may, after giving notice of not less than one month (a) vary the conditions of the permit; (b) attach to the permit further conditions; (iv) that the conditions of permit shall not be departed from, save with the approval of the Regional Transport Authority; (v) that specified standards of comforts and cleanliness shal l be maintained in the vehicle; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and othe r information as the State Government may, from time to time, specify; and (vii) such other c onditions as may be prescribed. 77. Applica tion for goods carriage permit .An application for a permit to use a motor vehicle for the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or business carried on by the applicant (in this Chapter referred to as a goods carriage permit) shall, as far as may be, contain the f ollowing particulars, namely: (a) the area or the route or routes to which the application relates; (b) the ty pe and capacity of the vehicle; (c) the nature of the goods it is proposed to carry; (d) the arrangements intended to be ma de for the housing, maintenance and repair of the vehicle and for the st orage and safe custody of the goods; (e) such particulars as the Regional Transport Authority may require with respect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application, an d of the rates charged by the applicant; (f) particulars of any agreement, or arrangement, affecting in any material respect the provision within the region of the Regional Transport Authority of facilities for the transport of goods for hire or reward, en tered into by the applicant with any other person by whom such facilities are provided, whethe r within or without the region; (g) any other parti culars which may be prescribed. 55 78. Consideration of applica tion for goods carriage permit .A Regional Transpor t Authority shall, in considering an application for a goods carriage permit, have regard to t he following matters, namely: (a) the nature of the goods to be carried with special reference to their dangerous or hazardous nature to human life; (b) the natu re of the chemicals or explosives to be carried with special referen ce to the safety to human life. 79. Grant of goods carriage permit .(1) A Regional Transport Authority may, on an application made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any area or route not sp ecified in the application. (2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely: (i) that t he vehicle shall be used only in a specified area or on a specified route or routes; (ii) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum; (iii) that goods of a specifi ed nature shall not be carried; (iv) that goods s hall be carried at specified rates; (v) that specified arrangement shall be made for the housing, maintenance and repair of the vehicle and the storage and saf e custody of the goods carried; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may , from time to time, prescribe; (vii) that the Regional Transport Authority may, after giving noti ce of not less than one month, (a) vary the conditio ns of the permit; (b) attach to the permit further conditions; (viii) that the conditions of the permit shall not be departed from, save with the approval of th e Regional Transport Authority; (ix) any other cond itions which may be prescribed. (3) The condi tions referred to in sub -section ( 2) may include conditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life. 80. Procedure in app lying for and granting permits .(1) An application for a permit of an y kind may be made at any time. (2) A 1[Regional Transport Authority , State Transport Authority or any prescribed authority referred to in sub -section ( 1) of section 66] shall not ordinarily refuse to grant an application for permit of any kind m ade at any time under this Act: Provided that the 1[Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub -section ( 1) of section 66 ] may summarily refuse the application if the grant of any permit in accordance with the applicat ion would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the Official Gazette under clause ( a) of sub -section ( 3) of section 71 or of contract carriages as fixed and specified in a notification in th e Official Gazette under clause ( a) of sub -section ( 3) of section 74: 1. Subs. by Act 54 of 1994, s. 25, for Regional Transport Authority (w.e.f. 14 -11-1994). 56 Provided further that where a 1[Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub -section ( 1) of section 66 ] refuses an application f or the grant of a permit of any kind under this Act, it shall give to the applicant in writing its reasons for the refusal of the same and an opportunity of b eing heard in the matter. (3) An application to vary the conditions of any permit, other than a te mporary permit, by the inclusion of a n ew route or routes o f a new area or by altering the route or routes or area covered by it, or in the case of a stage carriage permit by increasing the number of trips above the specified maximum or by the variation, e xtension or curtailment of the route or routes or the area specified in the permit shall be treated as an application for the grant of a new permit: Provided that it shall not be necessary so to treat an application made by the holder of stage carriage permit who provides the only service on any route to increase the frequency of the service so provided without any increase in the number of vehicles: Provid ed further that, (i) in the case of variation, the termini shall not be altered and the distance cov ered by the variation shall not exceed twenty -four kilometres; (ii) in the case of extension, the distance covered by extension shall not exceed twenty -four kilometres from the termini, and any such variation or extension within such limits shall be made o nly after the transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied o r extended or any part thereof. (4) A 1[Regio nal Transport Authority, State Transport Authority or any prescribed authority referred to in sub -section ( 1) of section 66 ] may, before such date as may be specified by it in this behalf, replace any permit granted by it before the said date by a fresh pe rmit conforming to the provisions of section 72 or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replaced permit was valid: Provided that no condi tion other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in writing of the hold er of the permit. (5) Notwithstanding anything contained in section 81, a permit issued under the provisions of sub-section ( 4) shall be effective without renewal for the remainder of the period during which the replaced permit would have been so effectiv e. 81. D uration and renewal of permits .(1) A permit other than a temporary permit issued under section 87 or a special permit issued under sub -section ( 8) of section 88 shall be effective 2[from the date of issuance or renewal thereof] for a period of five years: Provided that where the permit is countersigned under sub -section ( 1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit. (2) A permit may be ren ewed on an application made not less than fifteen days before the date of its expiry. (3) Notwithstanding anything contained in sub -section ( 2), the Regional Transport Authority or the State Transp ort Authority, as the case may be, may entertain an applica tion for the renewal of a permit after the last date specified in that sub -section if it is satisfied that the applicant was prevented by good and sufficient cause from making an applica tion within the time specified. (4) The Regional Transport Authority o r the State Transport Authority, as the case may be, may reject an application for the renewal of a permit on one or more of t he following grounds, namely: 1. Subs. by Act 54 of 1994, s. 25, for Regional Transport Authority (w.e.f. 14 -11-1994). 2. Subs. by s. 26, ibid., for without renewal (w.e.f. 14 -11-1994). 57 (a) the financial condition of the applicant as evidenced by insolvency, or decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to the date of co nsideration of the application; (b) the applicant had been punished twice or more for any of the following offences within twelve months reckoned from fifteen days prior to the date of consideration of the application committed as a result of the operation of a stage carriage serv ice by the applicant, namely: (i) plying any vehicle (1) without paym ent of tax due on such vehicle; (2) without payment of tax during the grace peri od allowed for payment of such tax and then s top the plying of such vehicle; (3) on any unauthorised route; (ii) making unauthorised trips: Provided that in computing the number of punishments for the purpose of clause ( b), any punishment stayed by the ord er of an appellate authority s hall not be taken into account: Provided further that no application under this sub -section shall be rejected unless an opportunity of being h eard is given to the applicant. (5) Where a permit has been renewed under this secti on after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause ( d) of section 87, and where a temporary permit has been granted, the fee paid in respect of such temp orary permit shall be refunded. 82. Transfer of permit .(1) Save as provided in sub -section ( 2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the m anner authorised by the permit. (2) Where the holder of a permit dies, the perso n succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within

may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in th e hands of the dec eased holder. (3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles cover ed by the permit: Provided that the tra nsport authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. 83. Replacement of vehicles .The holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. 84. General condi tions attaching to all permits .The following s hall be conditions of every permit (a) that the vehicle to which the permit relates carries valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of this Act and the rules made thereunder ; (b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this Act; 58 (c) that any prohibition or restriction imposed and any fares or freight fixed by notification made under section 67 are observed in c onnection with the vehic le to which the permit relates; (d) that the vehicle to which the permit relates is not driven in contravention of the provisio ns of section 5 or section 113; (e) that the provisions of this Act limiting the hours of work of drivers are observed in connection with any vehicle or vehicl es to which the permit relates; (f) that the provisions of Chapters X, XI and XII so far as they apply to the holder of the permit are observed; and (g) that the name and address of the operator shall b e painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as practicable below the window line in bold letters. 85. General form of permits .Every permit issued under this Act shall be complete in itself and shall contain all the necessary particulars of the permit and t he conditions attached thereto. 86. Cancella tion and suspensi on of permits .(1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit (a) on the breach of any condition specified in section 84 or of any condition contained in the permit, or (b) if t he holder of the permit uses or causes or allows a vehicle to be used in any manner n ot authorised by the permit, or (c) if the holder of the permit ceases to own the ve hicle covered by the permit, or (d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or (e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for w hich the permit was granted, or (f) if the holder of the permit acquires the citi zenship of any fore ign country: Provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the per mit to furnish his explanation. (2) The transport authority may exercise the powers conferred on it under sub -section ( 1) in r elation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section ( 5) of section 68 as if the said permit was a permit gran ted by the transport authority. (3) Where a transport authority cancels or sus pends a permit, it shall give to the holder in writing its reasons for the action taken. (4) The powers exercisable under sub -section ( 1) (other than the power to cancel a permit) by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section ( 5) of section 68. (5) Where a permit is liable to be cancelled or suspended under clause ( a) or clause ( b) or clause ( e) of sub -section ( 1) and the transport authority is of opi nion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, then, notwithstanding anything contained in sub -section ( 1), the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permi t the sum of money agreed upon. (6) The powers exercisable by the transport authority under sub -section ( 5) may, where a n appeal has been preferred under section 89, be exercised a lso by the appellate authority. (7) In relation to a permit referred to in sub -section ( 9) of section 88, the powers exercisable under sub-section ( 1) (other than the power to cancel a permit) by the transport authority which granted the permit, may be exercised by any transport authority and any authority or persons to whom power in this 59 behalf has been delegated under sub -section ( 5) of section 68, as if the said permit was a permit granted by an y such authority or persons. 87. Temporary permits .(1) A Regional Transport Authority and the State Transport Authority may without following th e procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in an y case exceed four months, to authorise the use of a transport vehicle temporarily (a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or (b) for the purp oses of a seasonal business, or (c) to mee t a particular temporary need, or (d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit: Provided that a Regional Transport Authority or, as the case may be, State Transpor t Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four mont hs, but not exceeding one year. (2) Notwithstanding anything contai ned in sub -section ( 1), a temporary permit may be granted thereunder in respe ct of any route or area where (i) no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the pe rmit has been so restrained; or (ii) as a result of the suspension by a court or other competent authority of the perm it of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exc eeding the period of such suspensi on: Provided that the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the c ase may be, the permit has been su spended. 88. Validation of permits for use o utside region in which granted .(1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other rigion, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned: Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area withou t the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been coun tersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such ve hicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the 60 effect that the vehicle shall be used for the period specified therein exclusively f or th e purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anyt hing contained in sub -section ( 1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersign ing the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted . (4) The provisions of this Chapter r elating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension o f countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of counter signatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section ( 5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which repres entations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representatio n received in connectio n therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority con cerned shall give effect to it. (7) Notw ithstanding anything contained in sub -section ( 1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of th e Regional Transport Authority of that other region or of the State Transport Authority of that o ther State, as the case may be. (8) Notwithstanding anything contained in sub -section ( 1), but subject to any rules that may be made under this Act by the Cent ral Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 1[grant a special permit to any public service vehicle including any vehicle covered] by a per mit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub -section ( 9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a wh ole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a specia l distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transp ort Authority of the o ther State, as the case may be. 1. Subs. by Act 54 of 1994 , s. 27, for grant a special permit in relation to a vehicle covered (w.e.f. 14 -11-1994). 61 (9) Notwithstanding anything contained in sub -section ( 1) but subject to any rules that may be made by the Central Government under sub -section ( 14), any State Transport Authority may, for the purpose o f promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accorda nce with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 861[clause ( d) of sub -section ( 1) of section 87 and section 89] shall, as far as may be, app ly in relation to such permits. 2* * * * * (11) The following shall be conditions of every permit granted u nder sub -section ( 9), namely: (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Governm ent may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Governme nt; and (iii) such other conditions as may be prescr ibed by the Central Government. (12) Notwithstanding anything contained in sub -section ( 1), but, subject to the rules that may be made by the Central Government under sub -section ( 14), the appropriate aut hority may, for the purpose of encouraging long distance inter -State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81

of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 1[clause ( d) of sub-section ( 1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 3* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of t he following matters, namely: (i) the authorisation fee payable for the issue of a permit referred to in sub -sections ( 9) and ( 12); (ii) the fixation of the laden weight o f the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate au thority shall consider in granting a national permit. Explanation .In this section, (a) appropriate authority , in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) authorisation fee means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub -sections ( 9) and ( 12) to be used in other States subject to the p ayment of taxes or fees, if any, levied by the States concerned; (c) national permit means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than fou r in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choic e indicated in the application. 1. Subs. by Act 54 of 1994, s. 27 for and 89 (w.e.f. 14 -11-1994). 2. Sub -section ( 10) omitted by s. 27, ibid. (w.e.f. 14 -11-1994). 3. Sub -section ( 13) omitted by s. 27, ibid. (w.e.f. 14 -11-1994). 62 1[88A. Power of Central Government to make schemes for national, multimodal and inter -State trans port of passengers and goods .(1) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for national, multimodal and inter -State transpor tation of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely : (a) last mile connectivity; (b) rural transport; (c) improving the movement of freight, and logistics; (d) better utilisation of transportat ion assets; (e) the enhancement to the economic vitality of the area, especially by enabling competitiveness, productivity and efficiency; (f) the increase in the accessibility and mobility of people; (g) the protection and enhancement of the environment; (h) the promotion of energy conservation; (i) improvement of the quality of life; (j) enhancement of the integration and connectivity of the transportation system, across and between modes of transport; and (k) such other matters as the Central Government may deem fit: Provided that the Central Government may, before taking any action under this sub -section seek concurrence of the State Governments. (2) Notwithstanding anything contained in sub -section ( 1), two or more States may make schemes for the operat ion within such States for the inter -State transportation of goods or passengers: Provided that in the event of any repugnancy between the schemes made by the Central Government under sub -section ( 1) and schemes made by two or more States under this sub -section, the schemes made under sub -section ( 1) shall prevail.] 89. Appeals .(1) Any person (a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or (b) aggrie ved by the revocation or suspension of the permit or by any variatio n of the conditions thereof, or (c) aggrieved by the refusal to transfer the permit under sect ion 82, or (d) aggrieved by the refusal of the State or a Regional Transport Authority to coun tersign a permit, or by any condition attach ed to such countersignature, or (e) aggrieved by the refusal of renewal of a permit, or (f) aggrieved by the refusal to grant permission under section 83, or (g) aggrieved by any other order which may be prescri bed, may, within the prescribed time and in the prescribed manner, appeal to the Sta te Transport Appellate Tribunal constituted under sub -section ( 2), who shall, after giving such person and the original authority an opportunity of being heard, give a dec ision thereon which shall be final. 2[(2) The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who is not below the rank of a 1. Ins. by Act 32 of 2019, s. 34 (w.e.f. 1 -9-2019). 2. Subs. by Act 54 of 1994, s. 28, for sub -section ( 2) (w.e.f. 14 -11-1994). 63 District Judge or who is qualified to be a Judge of the High Court and it shall exercise jurisdiction within such area as may be notified by that Government.] (3) Notwithstanding anything contained in sub -section ( 1) or sub -section ( 2), every appeal pending at the commencement of this Act, shall continue to be proceeded with and disposed of as i f this Act had not been passed. Explanation .For the removal of doubts, it is hereby declared that when any order is made by the State Transport Authority or the Regional Transport Authorit y in pursuance of a direction issued by the Inter -State Transport Commission under clause ( c) of sub -section ( 2) of section 63A of the Motor Vehicles Act, 1939 (4 of 1939 ),as it stood immediately before the commencement of this Act, and any person feels ag grieved by such order on the ground that it is not in consonance with such direction, he may appeal under sub -section ( 1) to the State Transport Appellate Tribunal against such order but not against the direction so issued. 90. Revision .The State Transpor t Appellate Tribunal may, on an application made to it, call for the record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies, and if it appears to the State Transport Authority Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and e very such order shall be final: Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty d ays f rom the date of the order: Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time: Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard. 91. Restricti on of hours of work of d rivers .1[(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961).] (2) A State Government may, by notification in the Official Gazette, grant such exemp tions from the provisions of sub -section ( 1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstanc es which could not be foreseen. (3) A State Government or, if authorised in this behalf by the State Government by rules made und er section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub -section ( 1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the r ecording of the hours so fixed. (4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub -section ( 3). (5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub -section ( 1). 92. Voidance of con tracts restrictive of liability .Any contract for the conveyance of a passenger in a 2[transport vehicle, in respect of which a permit or licence ] has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or 1. Subs. by Act 54 of 1994, s. 29, for sub -section ( 1) (w.e.f. 14 -11-1994). 2. Subs. by Act 32 of 2019, s. 35, for stage carriage or contract carriage, in respect of which a permit (w.e.f. 1 -9-2019). 64 alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void. 93. 1[Agent or canvasser or aggregator to obtain licence.] (1) No person shall engage himself (i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicles or in otherwise soliciti ng custom for such vehicles, or (ii) as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages, 2[(iii) as an aggregator,] unless he has obtained a licence from such authority and subject to such conditions as may be pres cribed by the State Government. 2[Provided that while issuing the licence to an aggregator the State Government may follow such guidelines as may be issued by the Central Government: Provided further that every aggregator shall comply with the provisions of the Information Technology Act, 2000 (21 of 2000) and the rules and regulations made thereunder.] (2) The conditions referred to in sub -section ( 1) may include all or any of t he following matters, namely: (a) the period for which a lic ence may be granted or renewed; (b) the fee payable for the i ssue or renewal of the licence; (c) the deposit of security (i) of a sum not exceeding rupees fifty thousand in the case of an agent in the business of collecting, forwarding or distributing go ods carried by goods carriages; (ii) of a sum not exceeding rupees five thousand in the case of any other agent or canvasser, and the circumstances under which the security may be forfeited; (d) the provision by the agent of insurance of goods in transit; (e) the authority by which and the circumstances under which the licen ce may be suspended or revoked; (f) such other conditions as may be prescribed by the State Government. (3) It shall be a condition of every licence that no agent or canvasser to whom the licence is granted shall advertise in any newspaper, book, list, classified directory or other publication unless there is contained in such advertisement appearing in such newspaper s, book, list, classified directory or other publication the licence number, the date of expi ry of licence and the particulars of the autho rity which granted the licence. 94. Bar on ju risdiction of Civil Courts .No Civil Court shall have jurisdiction to entertain any question relating to the grant of a permit 3[or licence issued under any scheme] under this Act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act with regard to the grant of a permit 3[or licence issued under any scheme] , shall be entertained by any Civil Court. 95. Powe r of State Government to make rules as to stage carriages and contract carriag es.(1) A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles. (2) Without prejudice to the generality of the forego ing provision, such rules may 1. Subs. by Act 32 of 2019, s. 36, for the marginal heading Agent or canvasser to obtain licence (w.e.f. 27 -11-2020). 2. Ins. by s. 36, ibid., (w. e.f. 27 -11-2020). 3. Ins. by Act 32 of 2019, s. 37 (w.e.f. 1 -9-2019). 65 (a) authorise the removal from such vehicle of any person contravening the rules by the driver or conductor of the vehicle, or, on the request of the driver or conductor, or any pa ssenger, by an y police officer; (b) require a passenger who is reasonably suspected by the d river or conductor of contraven ing the rules to give his name and address to a police officer or to the driver or conductor on demand; (c) require a passenger to declare, if so d emanded by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefor; (d) require, on demand being made for the purpose by the driver or co nductor or other person authorised by the owners of the vehicle, production during the journey and surrender at the end of the journey by the holder there of of any ticket issued to him; (e) require a passenger, if so requested by the driver or conductor, t o leave the vehicle on the completion of the journey the fare for which he has paid; (f) require the surrender by the holder thereof on the expiry of the period for which it is is sued of a ticket issued to him; (g) require a passenger to abstain from doing

the period for which it is is sued of a ticket issued to him; (g) require a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or dis comfort to any other passenger; (h) require a passenger not to smoke in any vehicle o n which a notice pr ohibiting smoking is exhibited; (i) require the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers can record any complaints in the same. 96. Power of State Government to make rules fo r the purposes of this Chapter .(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of t he following matters, namely: (i) the period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the r eports to be furnished by them; (ii) the conduct of business by an y such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which and the manner in which, business could be so conducted; (iii) the conduct and hearing of appeals that may be pre ferred under this Chapter, the fees to be paid in respect of such appea ls and the refund of such fees; (iv) the forms to be used for the purposes of this Chapter, including the forms of permits; (v) the issue of copies of permits in place of permits lost, destroyed or multilated; (vi) the documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed; (vii) the fees to be paid in respect of applica tions for permit s, duplicate permits and plates; (viii) the exemption of prescribed persons or prescribed classes of per sons from payment of all or any or any portion of the f ees payable under this Chapter; (ix) the custody, production and cancellation on revocation or expiration of permits, and the return of per mits which have been cancelled; (x) the conditions subject to which, and the extent to which, a permit granted in another State shall be valid in the State without countersignature; 66 (xi) the conditi ons subject to which, and the extent to which, a permit granted in one region shall be valid in another region within the State without countersignature; (xii) the conditions to be attached to permits for the purpose of giving effect to any agreement such as is referred to in clause ( iii) of sub-section ( 1) of section 67; (xiii) the authorities to whom, the time within which and the manne r in which appeals may be made; (xiv) the construction and fittings of, and the equipment to be carried by, stage and con tract carriage, whether g enerally or in specified areas; (xv) the determination of the number of passengers a stage or contract carriage is adapted to carry and t he number which may be carried; (xvi) the conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers; (xvii) the safe custody and disposal of property left i n a stage or contract carriage; (xviii) regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails; (xix) the conveyance in stage or contract carriages of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such carri age; if used for such purposes; (xx) the provision of taxi meters on motor c abs requiring approval or standard types of taxi meters to be used and examining t esting and sealing taxi meters; (xxi) prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting pla ce; (xxii) the requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof; the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition; (xxiii) the regulation of motor cab ranks; (xxiv) requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hi re or reward ; (xxv) authorising specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business; (xxvi) requiring the person in charge of a stage carriage to carry any person tendering t he legal or customary fare; (xxvii ) the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried; (xxviii ) the licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles; (xxix) the licensing of agents engaged in the business of collecting for forwarding and distributing goods carried by goods carriages; (xxx) the inspection of transport vehicles and their contents and of the permits relating to them; (xxxi) the carriage of persons other than the driver in goods carriages; 67 (xxxii ) the records to be maintained and the returns to be furnished by the ow ners of transport vehicles; and 1[(xxxiia ) framing of schemes under sub -section ( 3) of section 67; (xxxiib ) the promotion of effective competition, passenger convenience and safety, competitive fares and prevention of overcrowding; ] (xxxiii ) any other matter which is to be or may be prescribed. CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS 97. Definition .In this Chapter, unless the context otherwise requires, road transport service means a service of moto r vehicles carrying passengers or goods or b oth by road for hire or reward. 98. Chapter to ove rride Chapter V and other laws .The provisions of this Chapter and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent th erewith contained in Chapter V or in any other law for the time being in force or in any instrument having ef fect by virtue of any such law. 99. Preparation and publication of proposal regarding road transport service of a State transport undertaking. 2[(1)] Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly co -ordinated road transport service, it is necessary in the public interest that road transport services in general or any particu lar class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit. 3[(2) Notwithstanding anything contained in sub -section ( 1), when a proposal is published under that sub-section, then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during the pendency of th e proposal and such temporary permit shall be valid only for a period of one year from the date of its issue of till the date of final publication of the scheme under section 100, whichever is earlier.] 100. Objection to the proposal .(1) On the publicatio n of any proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its public ation in the Official Gazette, file objections to it before the State Government. (2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State tra nsport undertaking to be heard in the matter, if they so desire, a pprove or modify such proposal. (3) The scheme relating to the proposal as approved or modified under sub -section ( 2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of its publication in the Official Gazette and shall be called the approved scheme and the area or route to which it relates shall be called the n otified area or notified route: 1. Ins. by Act 32 of 2019, s. 38 (w.e.f. 1 -9-2019). 2. Section 99 renumbered as sub -section ( 1) thereof by Act of 54 of 1994, s. 30 (w.e.f. 14 -11-1994). 3. Ins. by s. 30, ibid. (w.e.f. 1 4-11-1994). 68 Provided that no such scheme which relates to any inter -State route shall be deemed to be an approved scheme unless it has the previous appr oval of the Central Government. (4) Notwithstanding anything contained in this section, where a scheme is not published as an approved scheme under sub -section ( 3) in the Official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the Official Gazette under sub -section ( 1), the proposal shall be deemed to have lapsed. Explanation .In computing the period of one year referred to in this sub -section, any period or periods duri ng which the publication of the app roved scheme under sub -section ( 3) was held up on account of any stay or injunction by the order of any court shall be excluded. 101. Operation of additional services by a State transport under taking in certain circumstances .Notwithstanding anything conta ined in section 87, a State transport undertaking may, in the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings: Provided that the State transport undert aking shall inform about the operation of such additional services to the concerned Tra nsport Authority without delay. 102. Cancella tion or modification of scheme .(1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving (i) the S tate transport undertaking; and (ii) any other person who, in the opinion of the State Government, is likely to be affecte d by the proposed modification, an opportunity of being heard in respec t of the proposed modification. (2) The State Government shall publish any modification proposed under sub -section ( 1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covere d by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government. 103. Issue of p ermits t o State transport undertakings .(1) Where, in pursuance of an approved scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such perm it to the State transport undertaking, notwithstanding anything to the c ontrary contained in Chapter V. (2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the ca se may be, the Regional Transport Autho rity concerned may, by order, (a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as m ay be pending; (b) cancel any existing permit; (c) modify the term s of any existing permit so as to (i) render the permit ineff ective beyond a specified date; (ii) reduce the number of vehicles authorised t o be used under the permit; (iii) curtail the area or route covered by the permit in so far as such permit relates to the notified area or notified route. (3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under sub -section ( 1) or sub-section ( 2). STATE AMENDMENTS Karnataka Amendment of section 103 .In section 103 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), after sub -section ( 1), the following shall be inserted, namely: 69 (1A) It shall be lawful for the State Transport undertaking to operate on any route as stage carriage under any permit issued therefor to such undertaking under sub -section (1), any vehicle placed at the disposal and under the control of such undertaking by the owner of such vehicle under any arrangemen t entered into between such owner and the undertaking for the use of the said vehicle by the undertaking.] [Vide Karnataka Act 11 of 1996, sec. 2]. 104. Restriction on grant of permits in respect of a notified area or notified route .Where a schem e has bee n published under sub -section ( 3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance wit h the provisions o f the scheme: Provided that where no application for a permit has been made by the State transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Aut hority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition

, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State transport undertaking in re spect of that area or route. 105. Principles and method of determining co mpensation and payment thereof .(1) Where, in exercise of the powers conferred by clause ( b) or clause ( c) of sub -section ( 2) of section 103, any existing permit is cancelled or the terms thereof are modified, there shall be paid by the State transport undertaking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub -section ( 4) or sub -section ( 5), as the case may b e. (2) Notwithstanding anything contained in sub -section ( 1), no compensation shall be payable on account of the cancellation of any existing permit or any modification of the terms thereof, when a permit for an alternative route or area in lieu thereof ha s been offered by the State Transport Authority or the Regional Transport Authority, as the case may be and accept ed by the holder of the permit. (3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account of the r efusal to renew a permit under clause ( a) of sub -section ( 2) of section 103. (4) Where, in exercise of the powers conferred by clause ( b) or sub -clause ( i) or sub -clause ( ii) of clause ( c) of sub -section ( 2) of section 103, any existing permit is cancelle d or the terms thereof are modified so as to prevent the holder of the permit from using any vehicle authorised to be used thereunder for the full period from which the permit, would otherwise have been effective, the compensation payableto the holder of t he permit for each vehicle affected by such cancellation or modification shall be computed as follows: (a) for every complete month or part of a month exceeding fifteen days of the unexpired period of the permit Two hundred rupees; (b) for part of a month not exceeding fifteen days of the unexpired period of the permit One hundred rupees: Provided that the amount of compensation shall, in no case, be less than four hundred rupees. (5) Where, in exercise of the powers conferred by sub -clause ( iii) of clause ( c) of sub -section ( 2) of section 103, the terms of an existing permit are modified so as to curtail th e area or route of any vehicle authorised to be used thereunder, the compensation payable to the holder of the permit on account of such curtailment shall be an amount computed in accordance with t he following formula, namely: YA R Explanation .In thi s formula, (i) Y means the length or area by which the route or area covered by the permit is curtailed; (ii) A means the amount computed in a ccordance with sub -section ( 4); (iii) R means the total length of the route or the to tal area covered by th e permit. (6) The amount of compensation payable under this section shall be paid by the State transport undertaking to the person or persons entitled thereto within one month from the date on which the cancellation or modification o f the permit becomes ef fective: 70 Provided that where the State transport undertaking fails to make the payment within the said period of one month, it shall pay interest at the rate of seven per cent. per annum from the date on which it falls due. 106. Disposa l of article found i n vehicles .Where any article found in any transport vehicle operated by the State transport undertaking is not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and the sale pr oceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand. 107. Power of State Government to make rules .(1) The State Government may make rules for the purpose of carrying into effect the provisions of thi s Chapter . (2) Inparticular 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 form in which any proposal regarding a scheme may be published under section 99; (b) the man ner in which objections may be filed under s ub-section ( 1) of section 100; (c) the manner in which objections may be considered and disposed of under sub-section ( 2) of section 100; (d) the form in which any approved scheme may be published under sub -section ( 3) of section 100; (e) the manner in which application under sub -section (1) of section 103 may be made; (f) the period within which the owner may claim any article found left in any transport vehicle under section 106 and the manner of sale of such article; (g) the manner of servic e of orders under this Chapter; (h) any other matter which ha s to be, or may be, prescribed. 108. Certain powers of State Government exercis able by the Central Government .The powers conferred on the State Government under this Chapter shall, in relation to a corporation or company owned or controlled by the Central Government or by the Central Government and one or more State Governments, be exercisable only by the Central Government in relation to an inter -State route or a rea. CHAPTER VII CONSTRUCTION, EQUIPMENT AN D MAINTENANCE OF MOTOR VEHICLES 109. General provision regarding constructi on and maintenance of vehicles .(1) Every motor vehicle shall be so constructed and so maintained as to be at all times under the effectiv e control of the person dr iving the vehicle. (2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 1[(3) If the Central Governm ent is of the opinion that it is neces sary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in tha t order.] 110. Power of Ce ntral Government to make rules .(1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of t he following matters, namely: (a) the width, height, length and overhang of veh icles and of the loads carried; 2[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes an d steering gear; (d) the use of safety glasses including prohibition of th e use of tinted safety glasses; (e) signalling appliances, lamps a nd reflectors; (f) speed governors; 1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14 -11-1994). 2. Subs. by s. 32, ibid., for clause ( b) (w.e.f. 14 -11-1994). 71 (g) the emission of smoke, visible vapo ur, sparks, ashes, grit or oil; (h) the r eduction of noise em itted by or caused by vehicles; (i) the embossment of chassis number and engine numb er and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto -dippers and other equipments essential for safety of drivers, passe ngers and other road users; (k) standards of the components 1[including software] used in the veh icle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standards for emission of air pollu tants; 2[(n) insta llation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio -visual or radio or tape recorder type of device in public vehicles; (p) warranty after sal e of vehicle and norms therefor: ] Provided tha t any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub -section ( 1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 1[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied the reunder .] 1[(2A) Persons empowered under sub -section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be p rescribed.] (3) Notwithstanding anythi ng contained in this section, (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of m otor vehicles from the rules made under sub -section ( 1) subject to such conditions as may be prescr ibed by the Central Government. 3[110A. Recall of motor vehicles. (1) The Central Government may, by order, direct a manufacturer to recall motor vehicles of a particular type or its variants, if (a) a defect in that particular type of motor vehicle may cause harm to the environment or to the driver or occupants of such motor vehicle or other road users; and (b) a defect in that particular type of motor vehic le has been reported to the Central Government by 1. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1 -4-2021). 2. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14 -11-1994). 3. Ins. by Act 32 of 2019, s. 40 (w.e.f. 1 -4-2021). 72 (i) such percentage of owners, as the Central Government, may by notification in the Official Gazette, specify; or (ii) a testing agency; or (iii) any other source. (2) Where the defect referred to in sub -section ( 1) lies in a motor vehicle component, the Central Government may, by order, direct a manufacturer to recall all motor vehicles which contain such component, regardless of the type or variants of such motor vehicle. (3) A manufacturer whose vehicle s are recalled under sub -section ( 1) or sub -section ( 2), shall (a) reimburse the buyers for the full cost of the motor vehicle, subject to any hire -purchase or lease -hypothecation agreement; or (b) replace the defective motor vehicle with another motor ve hicle of similar or better specifications which complies with the standards specified under this Act or repair it; and (c) pay such fines and other dues in accordance with sub -section (6). (4) Where a manufacturer notices a defect in a motor vehicle manufa ctured by him, he shall inform the Central Government of the defect and initiate recall proceedings and in such case the manufacturer shall not be liable to pay fine under sub -section (3). (5) The Central Government may authorise any officer to conduct inv estigation under this section who shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed. (6) The Central Government may make rules for regulating the recall of motor vehicles, o f a particular type or its variants, for any defect which in the opinion of the Central Government, may cause harm to the environment or to the driver or occupants of such motor vehicle or to other road users. 110B. Type approval certificate and testing ag encies. (1) No motor vehicle, including a trailer or semi -trailer or modular hydraulic trailer or side car shall be sold or delivered or offered for sale or delivery or used in a public place in India unless a type -approval certificate referred to in sub -section (2) has been issued in respect of such vehicle: Provided that the Central Government may, by notification in the Official Gazette, extend the requirement of type -approval certificate to other vehicles drawn or intended to be drawn by a motor vehicl e: Provided further that such certificate shall not be required for vehicles which are (a) intended for export or display or demonstration or exhibition; or (b) used by a manufacturer of motor vehicles or motor vehicle components or a research and develop ment centre or a test by agency for testing and validation or for data collection, inside factory premises or in a non -public place; or (c) exempted by the Central Government. (2) The manufacturer or importer of motor vehicles including trailers, semi -trailers, modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be manufactured or imported for test to a testing agency for obtaining a type -approval certificate by such agency. (3) The Central Government shall make rules for t he accreditation, registration and regulation of testing agencies. 73 (4) The testing agencies shall conduct tests on vehicles drawn from the production line of the manufacturer or obtained otherwise to verify the conformity of such vehicles to the provisions of this Chapter and the rules and regulations made thereunder. (5) Where the motor vehicle having a type -approval certificate is recalled under section 110A, the testing agency which granted the certificate to such motor vehicle shall be liable for its ac creditation and registration to be cancelled.] 111. Power of State Government to make rules .(1) A State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section ( 1) of section 110. (2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing all or any of the following matters either generally in respect of motor vehicles or tra ilers or in respect of motor vehicles or trailers of a particular class or

of the following matters either generally in respect of motor vehicles or tra ilers or in respect of motor vehicles or trailers of a particular class or description or in part icular circumstances, namely: (a) seating arrangements in public service vehicles and the protection of passenger s against the weather; (b) prohibiting or res tricting the use of audible signals at cert ain times or in certain places; (c) prohibiting the carrying of appliances likel y to cause annoyance or danger; (d) the periodical testing and inspection of vehicles by prescribed authorities 1[and fees to be charged for such test ]; (e) the particulars other than registration marks to be exhibited by vehicles and the manner in which they shall be exhibited; (f) the use of tr ailers with motor vehicles; and 2* * * * * CHAPTER VIII CONTROL OF TRAFFIC 112. Limits of speed .(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other l aw for the time being in force: Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notifi cation in the Official Gazette. (2) The State Gover nment or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notif ication in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or desc ription of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a part icular road or roads: Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month. (3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub-section ( 1) of section 2 of the Manoeuvres, Field Firing and Artillery P ractice Act, 1938 (5 of 1938). 1. Ins. by s. 33, Act 54 of 1994 (w.e.f. 14 -11-1994). 2. Clause ( g) omitted by s. 33, ibid. (w.e.f. 14 -11-1994). 74 113. Limits of weight and limitations on use .(1) The State Government may prescribe the conditions for the issue of permits for 1[transport vehicle s] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. (2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehi cle which is n ot fitted with pneumatic tyres. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer (a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or (b) the laden weight of which exceeds the gross vehicle weight specified in t he certificate of registration. (4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section ( 2) or clause ( a) of sub -section ( 3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner o f the motor vehicle or trailer. 114. Power to have vehicle weighed .(1) 2[Any officer of the Motor Vehicles De partment 3[or any other person authorised in this behalf by the State Government ] shall, if he has reason to believe that a goods vehicle or trailor is being used in contravention of section 113] require the driver to convey the vehicle to a weighing devic e, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the p rovisions of section 113 regarding weight, he may, by order in writing, direct the driver to off -load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trail er has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver sha ll comply with such directions. (2) Where the person authorised under sub -section ( 1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the auth ority which issued that permit. 115. Power t o restrict the use of vehicles .The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such except ions and conditions as may be specified in notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibiti on or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notif ication thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of s uch prohibition or restriction. 116. Power to erect traffic signs .(1) (a) The State Government or any authority au thorised in this behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub -section ( 2) of section 112 or any prohibitions or r estrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic. (b) A State Government or any authority authorised in this behalf by the State Government may, by notification in the Official Gazette or by the erectio n at suitable places of the appropriate traffic sign referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving regulations made by the Central Government. 1. Subs. by Act 54 of 1994, s. 34, for heavy goods vehicles or heavy passenger motor vehicles (w.e.f. 14 -11-1994). 2. Subs. by s. 35, ibid., for certain words and figures (w.e.f. 14 -11-1994). 3. Subs. by Act 32 of 2019, s. 41, for authorised in this behalf by the State Government (w.e.f. 1 -9-2019). 75 1[(1A) Notwithstanding anything contained in sub -section ( 1), the National Highways Authority of India constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as to obscure any traffic sign from view or is so si milar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver: Provided that for the purposes of this sub -section, the National Highway Authority of India or any other agency authorised by the Cen tral Government may seek assistance from the authorities of the State Government and the said State Government shall provide such assistance.] (2) Traffic signs placed or erected under sub -section ( 1) for any purpose for which provision is made in the Sche dule shall be of the size, colour and type and shall have the meanings set forth in the Schedule, but the State Government or any authority empowered in this behalf by the State Government may make or authorise the addition to any sign set forth in the sai d Schedule, of transcriptions of the words, letters or figures thereon in such script as the State Government may think fit, provided that the transcriptions shall be of similar size and colour to the words, letters or fig ures set forth in the Schedule. (3) Except as provided by sub -section ( 1) 1[or sub -section ( 1A)], no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected prior to the commencement of this Act by any compet ent authority shall for the purpose of this Act be deemed to be traffic signs placed or erected under the provisions of sub -section ( 1). (4) A State Government may, by notification in the Official Gazette, empower any police officer not below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading or which in his opinion is likely to distract the attention or concentration of the driver. (5) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed or erected under this section. (6) If an y person accidentally causes such damage to a traffic sign as renders it useless for the purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twent y-four hours of the occurrence. (7) For the purpose of bringing the signs set forth in 2[the First Schedule ] in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the iss ue of any such notification,1[the First Schedule ] shall be deemed to be amended accordingly. 117. Parki ng places and halting stations .The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicle s may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers. 3[Provided that the State Govern ment or the authorised authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places: Provided further that for the purpose of this section the National Highways Authority of India, constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may also determine such places.] 1. Ins. by Act 32 of 2019, s. 42 (w.e.f. 1 -9-2019). 2. Subs. by Act 54 of 1994, s. 36, for the Schedule (w.e.f. 14 -11-1994). 3. Ins. by Act 32 of 2019, s. 43 (w.e.f. 1 -9-2019). 76 118. Driving regulations .The Central Government may, by notification in the Official Gazette, make regul ations for the driving of motor vehicles. 119. Duty to obey traffic signs .(1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place. (2) In this section mandatory traffic sign means a traffic sign included in Part A of the Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device, word or figure and having a red ground o r border) placed or erected for the purpose of regulating motor vehicle traffic u nder sub-section ( 1) of section 116. 120. V ehicles with left hand control .No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left -hand steering control unless it is equipped with a mechanical or electrical si gnalling device of a prescrib ed nature and in working order. 121. Signals and signalling devices .The driver of a motor vehicle shall make such signals and on such occasions as may be prescr ibed by the Central Government: Provided that the signal of an int ention to turn to the right or left or to stop (a) in the case of a motor vehicle with a right -hand steering control, may be given by a mechanical or electrical device of a prescribed nat ure affixed to the vehicle; and (b) in the case of a motor vehicle w ith a left -hand steering control, shall be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle: Provided further that the State Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as may be specified therein any motor vehicle or class or description of motor vehicles from the operation of this section for the purpose of plying in that area or route. 122. Lea ving vehicle in dangerous position .No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cau se or likely to cause danger, obstruction or undue inconvenience to other users of the pub lic place or to the passengers. 123. Riding on running boar d, etc .(1) No person driving or in charge of a motor vehicle shall carry any person or permit any person t o be carried on the running board or otherwise than within the body of the vehicle. (2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle. 124. Prohibition against tra velling without pass or ticket .No person sha ll enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket: Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a per

Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a per son may enter such stage carriage but as soon as may be after his entry therein, be shall make the payment of his fare to the conductor or the driver who performs the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey. Explanation .In this section, (a) pass means a duty, privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for th e period specified therein; (b) ticket includes a single ticket, a retu rn ticket or a season ticket. 125. Obstruction of driver .No person driving a motor vehicle shall allow any person to stand or sit or to place anything in such a manner or p osition as to hamper the driver in his control of the vehicle. 77 126. Stationary vehicles .No person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver s seat a per son duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle cannot accidentally be put in motio n in the absence of the driver. 127. Removal of moto r vehicles abandoned or lef t unattended on a public place .1[(1) Where any motor vehicle is abandoned, or left unattended, on a publ ic place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.] (2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the 2[public place] , or its physical appearance is causing the impediment to the traffic, its immediate removal from the 1[public place] by a towing service may be authorised by a poli ce officer having jurisdiction. (3) Where a vehicle is authorised to be removed under sub -section ( 1) or sub -section ( 2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty. 128. Safety measures for drivers and pillion riders .(1) No driver of a two -wheeled motor cycle shall carry more than one person in a ddition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper s eat securely fixed to the motor cycle behind the driver s seat with appropriat e safety measures. (2) In addition to the safety measures mentioned in sub -section ( 1), the Central Government may, prescribe other safety measures for t he drivers of two -wheeled motor cycles and pillion riders thereon. 3[129. Wearing of protective headgear . Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government: Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban: Provided further that the Central Government may by rules provide for measure s for the safety of children below four years of age riding or being carried on a motorcycle. Explanation. Protective headgear means a helmet which, (a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motorcycle a degree of protection from injury in the event of an accident; and (b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear. ] 130. Duty to produce licence and certificate of registration .(1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination: Provided that the driver may, if his licence has been submitted to, or has been s eized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the po lice officer making the demand. 4[(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licenc e for examination.] 1. Subs. by Act 54 of 1994, s. 37, for sub -section ( 1) (w.e.f. 14 -11-1994). 2. Subs. by s. 37, ibid., for highway (w.e.f. 14 -11-1994). 3. Subs. by Act 32 of 2019, s. 44, for section 129 (w.e.f. 15 -02-2022). 4. Subs. by Act 54 of 1994, s. 39, for sub -section ( 2) (w.e.f. 14 -11-1994). 78 1[(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certif icates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer wh o demanded it. Explanation .For the purpose s of this sub -section, certificate of insurance means the certificate issued under sub -section ( 3) of section 147.] (4) If the licence referred to in sub -section ( 2) or the certificates or permit referred to in sub-section ( 3), as the case may be, are n ot at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may presc ribe, to the police officer or authority making the demand: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub -section shall not apply to any person required to produce the certificate of regis tration or the certificate of fitness of a transport vehicle. 131. Duty of the driver to take certain precautions at un guarded railway level crossing .Every driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the v ehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from eit her side before the railway track is crossed. 132. Duty of d river to stop in certain cases .(1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long a s 2[may for such reasonable time as may be necessary, but not excee ding twenty -four hours] 3[(a) when required to do so by any police officer not below the rank of a Sub -Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to prope rty, or] (b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicl e will become, unmanageable, or 4* * * * * and he shall give his name and address and the nam e and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address. (2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 184 give his n ame and address to that person. (3) In this section the expression animal means any horse, cattle, elephant, c amel, ass, mule, sheep or goat. 133. Duty o f owner of mot or vehicle to give information .The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all inf ormation regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable d iligence be ascertained by him. 1. Subs. by Act 54 of 1994, s. 39, for sub -section ( 3) (w.e.f. 14 -11-1994). 2. Subs. by s. 40, ibid., for may r easonably be necessary (w.e.f. 14 -11-1994). 3. Subs. by s. 40, ibid., for clause ( a) (w.e.f. 14 -11-1994). 4. Clause ( c) omitted by s. 40, ibid. (w.e.f. 14 -11-1994). 79 134. Duty of driver in case of a ccident and injury to a person .When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person i n charge of the vehicle shall (a) unless it is not practicable to do so on account of mob f ury or any other reason beyond his control, take all reasonable steps to secure medical at tention for the injured person, 1[by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities] , unless the injured person or his guardian, in case he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as req uired under clause ( a), at the nearest police station as soon as possible, and in any case within twent y-four hours of the occurrence. 2[(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the o ccurrence of the accident, namely: (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his drivin g licence. Explanation .For the purposes of this section , the expression driver includes the owner of the vehicle.] 3[134A. Protection of Good Samaritans. (1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or dea th of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritans negligence in acting or failing to act while rendering emergency medical or non -medical care or assistance. (2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters. Explanation. For the purposes of this section, Good Samaritan means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital. ] 135. Schemes to b e framed for the investigation of accident ca ses and wayside amenities, etc . (1) The State Government may, by notification in the Official Gazette, make one o r more schemes to provide for (a) an in depth study on causes and analy sis of motor vehicle accid ents; (b) wayside amenities on highways; (c) traffic aid posts on highways; 4*** (d) truck parkin g complexes along 5[highways ; and ]. 6[(e) any other amenities in the interests of the safety and the convenience of the public.] 1. Subs. by Act 54 of 1994, s. 41, for and if necessary, convey him to the nearest hospit al (w.e.f. 14 -11-1994). 2. Ins. by s. 41, ibid. (w.e.f. 14 -11-1994). 3. Ins. by Act 32 of 2019, s. 45 (w.e.f. 1 -10-2020). 4. The word and omitted by, s. 46, ibid., (w.e.f. 1 -9-2019). 5. Subs. by s. 46, ibid., for highways (w.e.f. 1 -9-2019). 6. Ins. by s. 46, ibid. (w.e.f. 1 -9-2019). 80 (2) Every scheme made under th is section by any State Government shall be laid, as soon as may be after it is made , before the State Legislature. 1[(3) The Central Government may, by notification in the Official Gazette, make one or more schemes to conduct in -depth studies on the cause s and analysis of road accidents.] 136. Inspection o f vehicle involved in accident .When any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authori ty, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remo ve the vehicle for examination: Provided that the place to which the vehicle is so removed shall be intimated to the owner of t he vehicle and the vehicle shall be retu rned 2[after completion of the formalities to the owner, driver or the person in charge of the

and the vehicle shall be retu rned 2[after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty -four hours]. 3[136A. Electronic monitoring and enforcement of road safety. (1) The State Governmen t shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub -section ( 2) on national highways, state highways, roads or in any urban city within a State which has a population up to such limits as may be prescribed b y the Central Government. (2) The Central Government shall make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed -circuit television cameras, speed guns, body wearable cameras and such other technology. Explanation. For the purpose of this section the expression body wearable camera means a mobile audio and video capture device worn on the body or uniform of a person authorised by the State Government .] 137. Power of Ce ntral Government to make rules .The Central Government may make rules to provide for all or any of t he following matters, namely: (a) the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 12 1; 4[(aa) providing for the standards of protectiv e headgear and measures for the safety of children below the age of four years riding under section 129;] (b) the manner in which the licences and certificates may be produced to the po lice officer under section 130. 4[(c) providing for limits of urban cit y by the State Governments under sub -section ( 1) of section 136A; and (d) providing for electronic monitoring and enforcement under sub -section ( 2) of section 136A.] 138. Power of State Government to make rules .(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the ma tters specified in section 137. 5[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non -mechanically propelled vehicles and pedestrians to public places and national highways: Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.] (2) Without prejudice to the generality of the foregoing powe r, such rules may provide for 1. Ins. by Act 32 of 2019, s. 45 (w.e.f. 1 -9-2019). 2. Subs. by Act 54 of 1994, s. 42, for without unnecessary delay (w.e.f. 14 -11-1994). 3. Ins. by Act 32 of 2019, s. 47 (w.e.f. 15 -7-2021). 4. Ins. by, s. 48, ibid., (w.e .f. 1-9-2019). 5. Ins. by s. 49, ibid. (w.e.f. 1 -9-2019). 81 (a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing o r have been abandoned on roads; (b) the installati on and use of w eighing devices; (c) the maintenance and management of wayside amenities complexes; (d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to su ch conditions as may be prescribed; (e) the maintenance and management of parking places and stands and the fees, if any, whic h may be charged for their use; (f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either gen erally or in a specified place; (g) prohibiting the taking hold of or mountin g of a motor vehicle in motion; (h) prohibiting the use of foot -paths or pavements by motor vehicles; (i) generally, the prevention of danger, injury or annoyance to the public or any pe rson, or of danger or injury to property or of abstruction to traffic; and (j) any other matter which is to be, or m ay be, prescribed. CHAPTER IX MOTOR VEHICLES TEMPOR ARILY LEAVING OR VISITING INDIA 139. Power of Ce ntral Government to make rules .(1) The C entral Government may, by notification in the Official Gazette, make rules for all or any of th e following purposes, namely: (a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India to any place outside India or to persons temporarily proceeding out of India to any place outside India and desiring to drive a motor vehicle d uring their absence from India; (b) prescribing the conditions subject to which motor vehicles brou ght temporarily into India from outside India by persons intending to make a temporary stay in India may be p ossessed and used in India; and (c) prescribing the conditions subject to which persons entering India from any place outside India for a temporary stay in India may drive motor vehicles in India. (2) For the purpose of facilitating and regulating the services of motor vehicles operating between India and any other country under any reciprocal arrangement and carrying passengers or goods or both by road for hire or reward, the Central Government may, by notification in the Official Gazette, make rules with respect to all or any of t he following matters, namely: (a) the conditions subject to which motor vehicles carrying on such services may be brough t into India from outside India a nd possessed and used in India; (b) the conditions subject to which motor vehicles may be taken from any place in In dia to any place outside India; (c) the conditions subject to which persons employed as drivers and conduct ors of such motor vehicles may enter or leave India; (d) the grant and authentication of travelling passes, certificates or authorisations to persons employed as drivers and con ductors of such motor vehicles; (e) the particulars (other than registration ma rks) to be exhibited by such motor vehicles and the manner in which such p articulars are to be exhibited; (f) the use of tra ilers with such motor vehicles; 82 (g) the exemption of such motor vehicles and their drivers and conductors from all or any of the provisions of this Act [other than those referred to in sub -section ( 4)] or the rules made thereunder; (h) the identification of the drivers and con ductors of such motor vehicles; (i) the replacement of the travelling passes, certificates or authorisations, p ermits, licences or any other prescribed documents lost or defaced, on payment of su ch fee as may be prescribed; (j) the exemption from the provisions of such laws as relate to customs, police or health with a view to facilitate such road transport service s; (k) any other matter which i s to be, or may be, prescribed. (3) No rule made under this section shall operate to confer on any person any immunity in any State from the payment of any tax levied in that State on motor vehicles or their users. (4) Nothin g in this Act or in any rule made thereunder by a State Government relating to: (a) the registration and ident ification of motor vehicles, or (b) the requirements as to construction, maintenance and equipment of motor vehicles, or (c) the licensing and th e qualifications of drivers and conductors o f motor vehicles, shall apply (i) to any motor vehicle to which or to any driver of a motor vehicle to whom any rules made under clause ( b) or clause ( c) of sub -section ( 1) or under sub -section ( 2) apply; or (ii) to any conductor of a motor vehicle to whom any rules made under sub -section ( 2) apply. [CHAPTER X LIABILITY WITHOUT FAULT IN CERTAINCASES ] Omitted by the Motor Vehicles ( Amendment ) Act, 2019 (32 of 2019) s. 50 (w.e.f. 1-4-2022). 140. [Liability to pa y compensation in certain case s on the principle of no fault .]Omitted by s. 50, ibid, (w.e.f. 1-4-2022).] 141. [Provisions as to other right to claim compensation for death or permanent disablement .] Omitted by s. 50, ibid, (w.e.f. 1-4-2022).] 142. [Perm anent disablement .] Omitted by s. 50 , ibid. (w.e.f. 1-4-2022).] 143. [Applicability of Chapter to certain claims under Act 8 o f 1923 .] Omitted by s. 50 , ibid. (w.e.f. 1-4-2022 ).] 144. [Overriding effect .] Omitted by s. 50 , ibid. (w.e.f. 1-4-2022).] 1[CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 145. Definitions. In this Chapter, (a) authorised insurer means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) and any Government insurance fund authorised to do general insurance business under the Gen eral Insurance Business (Nationalisation) Act, 1972 (57 of 1972) ; (b) certificate of insurance means a certificate issued by an authorised insurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed , and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; 1. Subs. by Act 32 of 2019, s. 51, for CHAPTER XI (w.e.f. 1 -4-2022). 83 (c) grievous hurt shall have the same meaning as assigned to it in section 320 of the Indian Penal Code (45 of 1860); (d) hit and run motor accident means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose; (e) Insurance Regulatory and Development Authority means the Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) ; (f) policy of insurance includes cer tificate of insurance; (g) property includes roads, bridges, culverts, causeways, trees, posts, milestones and baggage of passengers and goods carried in any motor vehicle; (h) reciprocating country means any such country as may on the basis of recipr ocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Act; (i) third party includes the Government, the driver and any other co -worker on a transport vehicle. 146. Necessity for insura nce against third party risks. (1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other perso n, as the case may be, a policy of insurance complying with the requirements of this Chapter: Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liabi lity Insurance Act, 1991 (6 of 1991). Explanation. For the purposes of this sub -section, a person driving a motor vehicle merely as a paid employee, while there is in relation to the use of the vehicle no such policy in force as is required by this sub-section, shall not be deemed to act in contravention of the sub -section unless he knows or has reason to believe that there is no such policy in force. (2) The provisions of sub -section ( 1) shall not apply to any vehicle owned by the Central Government or a State Government and used for purposes not connected with any commercial enterprise. (3) The appropriate Government may, by order, exempt from the operation of sub -section ( 1), any vehicle owned by any of the following authorities, namely: (a) the Centr al Government or a State Government, if the vehicle is used for purposes connected with any commercial enterprise; (b) any local authority; (c) any State Transport Undertaking: Provided that no such order shall be made in relation to any such authority un less a fund has been established and is maintained by that authority in such manner as may be prescribed by appropriate Government. Explanation. For the purposes of this sub -section, appropriate Government means the Central Government or a State Governme nt, as the case may be, and (i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government; (ii) in relation to any corporation or company owned by the Centra l Government and one or more State Governments, means the Central Government; 84 (iii) in relation to any other State Transport Undertaking or any local authority, means that Government which has control over that undertaking or authority. 147. Requirement of policies and limits of liability. (1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which (a) is issued by a person who is an authorised insurer; and (b) insures the person or classes of persons spec ified in the policy to the extent specified in sub-section ( 2) (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person including owner of the goods or his authorised representative car ried in the motor vehicle or damage to any property of a third party caused by or arising out of the use of the motor vehicle in a public place; (ii) against the death of or bodily injury to any passenger of a transport vehicle, except gratuitous passenger s of a goods vehicle, caused by or arising out of the use of the motor vehicle in a public place. Explanation. For the removal of doubts, it is hereby clarified that the death of or bodily injury to any person or damage to any property of a third party sha ll be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place, notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred

property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) Notwithstanding anything contained under any other law for the time being in force, for the purposes of third party insurance related to either death of a person or grievous hurt to a p erson, the Central Government shall prescribe a base premium and the liability of an insurer in relation to such premium for an insurance policy under sub -section ( 1) in consultation with the Insurance Regulatory and Development Authority. (3) A policy sha ll be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected, a certificate of insurance in the prescribed form and containing the prescribed particulars of any c ondition subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases. (4) Notwithstanding anything contained in this Act, a policy of Insurance issued before t he commencement of the Motor Vehicles (Amendment) Act, 2019 shall be continued on the existing terms under the contract and the provisions of this Act shall apply as if this Act had not been amended by the said Act. (5) Where a cover note issued by the ins urer under the provisions of this Chapter or the rules or regulations made thereunder is not followed by a policy of insurance within the specified time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, no tify the fact to the registering authority or to such other authority as the State Government may prescribe. (6) Notwithstanding anything contained in any other law for the time being in force, an insurer issuing a policy of insurance under this section s hall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons. 148. Validity of policies of insurance issued in re ciprocating countries. Where, in pursuance of an arrangement between India and any reciprocating country, the motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance for the time being in force in that country, then, notwithstanding anything contained in section 147 but subj ect to any rules which may be made under section 164B such policy of insurance shall be effective throughout the route or area in respect of which the arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapt er. 85 149. Settlement by insurance company and procedure therefor. (1) The insurance company shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the cl aims relating to such accident. (2) An officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such details, within thirty days an d after following such procedure as may be prescribed by the Central Government. (3) If, the claimant to whom the offer is made under sub -section ( 2), (a) accepts such offer, (i) the Claims Tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and (ii) the payment shall be made by the insurance company within a maximum period of thirty days from the date of receipt of such record of settlement; (b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to adjudicate such claim on merits. 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. (1) If, after a certificate of insurance has been issued under sub -section ( 3) of section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause ( b) of sub -section ( 1) of section 147 (being a liability covered by the terms of th e policy) or under the provisions of section 164 is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the award any sum not exceeding the sum assured payable thereunder, as if that person were the decree holder, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments. (2) No sum shall be payable by an insurer under sub -section ( 1) in respect of any judgment or award unless, before the commencemen t of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the Claims Tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as its execution is stayed pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto, and to defend the action on any of the following grounds, namely: (a) that there has been a breach of a spe cified condition of the policy, being one of the following conditions, namely: (i) a condition excluding the use of the vehicle (A) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to pl y for hire or reward; or (B) for organised racing and speed testing; or (C) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle; or (D) without side -car being attached where the vehicle is a two -wheeled vehicle; or (ii) a condition excluding driving by a named person or by any person who is not duly licenced or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification or driving under the influence of alcohol or drugs as laid down in section 185; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by nondisclosure of any material fact or by representation of any fact which was false in some material particular; or (c) that there is non -receipt of premium as required under section 64VB of the Insurance Act, 1938 (4 of 1938). (3) Where any such judgment or award as is referred to in sub -section ( 1) is obtained from a court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not that 86 person is registered under the corresponding law of the reciprocating country) shall be liable to the perso n entitled to the benefit of the decree in the manner and to the extent specified in sub -section ( 1), as if the judgment or award were given by a court in India: Provided that no sum shall be payable by the insurer in respect of any such judgment or award unless, before the commencement of the proceedings in which the judgment or award is given, the insurer had notice through the court concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub -section ( 2). (4) Where a certificate of insurance has been issued under sub -section ( 3) of section 147 to the per son by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby, by reference to any condition other than those in sub -section ( 2) shall, as respects such liabilities as are required to be covered by a policy under clause ( b) of sub -section ( 1) of section 147, be of no effect. (5) No insurer to whom the notice referred to in sub -section (2) or sub -section (3) has been given shall be entitled to avoid his liability to any person entitled to t he benefit of any such judgment or award as is referred to in sub -section ( 1) or in such judgment as is referred to in sub -section ( 3) otherwise than in the manner provided for in sub -section ( 2) or in the corresponding law of the reciprocating country, as the case may be. (6) If on the date of filing of any claim, the claimant is not aware of the insurance company with which the vehicle had been insured, it shall be the duty of the owner of the vehicle to furnish to the tribunal or court the information as to whether the vehicle had been insured on the date of the accident, and if so, the name of the insurance company with which it is insured. Explanation. For the purposes of this section, (a) award means an award made by the Claims Tribunal under sectio n 168; (b) Claims Tribunal means a Claims Tribunal constituted under section 165; (c) liability covered by the terms of the policy means the liability which is covered by the policy or which would be so covered but for the fact that the insurer is enti tled to avoid or cancel or has avoided or cancelled the policy; and (d) material fact and material particular mean, respectively, a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether he shall ta ke the risk and, if so, at what premium and on what conditions. 151. Rights of third party against insurers on insolvency of insured. (1) Where under any contract of insurance affected in accordance with the provisions of this Chapter, a person is insure d against liabilities which he may incur to third party, then (a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors; or (b) where the insured person is a company, in the event of a winding -up order b eing made or a resolution for a voluntary winding -up being passed with respect to the company or of a receiver or manager of the companys business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debe ntures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person his rights against the insurer under the contract in respect of the liab ility shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order for the administration of the estate of a deceased debtor is made accord ing to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the dec eased debtors rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the person to whom the debt is owing. (3) Any condition in a policy issued for the purposes of this Chapter purporting, either directly or indirectly, to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause ( a) or clause ( b) of sub -section ( 1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolve ncy, shall be of no effect. 87 (4) Upon a transfer under sub -section ( 1) or sub -section ( 2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but (a) if the liability of the insurer to the insure d person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess amount; and (b) if the liability of the insurer to the insured pers on is less than the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the third party against the insured person in respect of the balance amount. 152. Duty to give information as to insurance. (1) No p erson against whom a claim is made in respect of any liability referred to in clause ( b) of sub -section ( 1) of section 147 shall, on demand by or on behalf of the person making the claim, refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to t hat policy as were specified in the certificate of insurance issued in respect thereof. (2) In the event of any person becoming insolvent or making an arrangement with his creditors or in the event of an order being made for the administration of the esta te of a deceased person according to the law of insolvency, or in the event of a winding -up order being made or a resolution for a voluntary winding -up being passed with respect to any company or of a receiver or manager of the companys business or undert aking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representati ve of the deceased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give, on the request of any person claiming that the insolven t debtor, deceased debtor or company is under such liability to him as is covered by the provision of this Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 151 and for the purpose of enforcing such rights, if any, and any such contract of insurance as purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such inform ation in the events aforesaid, or otherwise to prohibit or prevent

the rights of the parties thereunder upon the giving of such inform ation in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect. (3) If, from the information given to any person in pursuance of sub -section ( 2) or otherwise, he has reasonable ground for su pporting that there have or may have been transferred to him under this Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub -section on the persons therein mentioned. (4) The duty to gi ve the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies ther eof to be taken. 153. Settlement between insurers and insured persons. (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause ( b) of sub -section ( 1) of section 147 shall be valid unless such third party is a party to the settlement. (2) The Claims Tribunal shall ensure that the settlement is bona fide and was not made under undue influence and the compensation is made in accordance with the payment s chedule referred to in sub-section ( 1) of section 164. (3) Where a person who is insured under a policy issued for the purpose of this Chapter has become insolvent, or where, if such insured person is a company, a winding -up order has been made or a resolution for a voluntary winding -up has been passed with respect to the company, no agreement made between the insurer and the insured person after the liability has been incurred to a third party and after the commencement of the insolven cy or winding -up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid, 88 shall be effective to defeat the rights transferred to the third party under this Chapter; but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made. 154. Saving in respect of sections 151, 152 and 153. (1) For the purposes of sections 151, 152 and 153, a reference to liabilities t o third parties in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance. (2) The provisions of sections 151, 152 and 153 sh all not apply where a company is wound -up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company. 155. Effect of death on certain causes of action. Notwithstanding anything contained in section 306 of the Indian S uccession Act, 1925, (39 of 1925) the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of such event against his estate or against the insurer. 156. Effect of certificate of insurance. When an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then (a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and (b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy a re less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other perso n except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate. 157. Transfer of certificate of insurance . (1) Where a person, in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter, transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. Explanation. For the removal of doubts, it is hereby clarified that such deeme d transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance. (2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessa ry changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour, and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfe r of insurance. 158. Production of certain certificates, licence and permit in certain cases. (1) Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Gover nment, produce (a) the certificate of insurance; (b) the certificate of registration; (c) the pollution under control certificate; (d) the driving licence; (e) in the case of a transport vehicle, also the certificate of fitness referred to in section 56, and the permit; and (f) any certificate or authorisation of exemption that has been granted under this Act, relating to the use of the vehicle. 89 (2) Where, owing to the presence of a motor vehicle in a public place, an accident occurs involving death o r bodily injury to another person, if the driver of the vehicle does not at that time produce the required certificate, driving licence and permit referred to in sub -section ( 1) to a police officer, he or the owner shall produce the said certificates, lice nce and permit at the police station at which the driver makes the report required by section 134. (3) No person shall be liable to conviction for offences under sub -section ( 1) or sub -section ( 2) by reason of the failure to produce the required certifica te if, within seven days from the date on which its production was required under sub -section ( 1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to t he police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer -in-charge of the police station at which he reported the accident: Provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub -section shall not apply to the driver of a transport vehicle. (4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the State Government for the purpose of determining whether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under this section to produce the certificate of insurance. (5) In this section, the expression produce the certificate of insurance means production for examination the relevant certificate of insurance or such other evidence as may be prescribed to prove that the vehicle was not being driven in contravention of section 146. 159. Information to be given regarding accident. The police officer shall, during the investigation, prepare an accident information report to facilitate the settlement of claim in such form and manner, within three months and containing su ch particulars and submit the same to the Claims Tribunal and such other agency as may be prescribed. 160. Duty to furnish particulars of vehicle involved in accident. A registering authority or the officer -in-charge of a police station shall, if so requi red by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that p erson or to that insurer, as the case may be, on payment of the prescribed fee, any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and addr ess of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe. 161. Special provisions as to compensation in case of hit and run motor accident. (1) Notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the Central Government shall provide for paying in accordance with the provisions of this Act and t he scheme made under sub -section ( 3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents. (2) Subject to the provisions of this Act and the scheme made under sub -section ( 3), there shall be paid as compensation, (a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the Central Government; (b) in respect of grievous hurt to any person r esulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government. (3) The Central Government may, by notification in the Official Gazette, make a scheme specifying the ma nner in which the scheme shall be administered by the Central Government or General Insurance Council, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters 90 connected with, or incidental to, the administration of the scheme and the payment of compensation under this sectio n. (4) A scheme made under sub -section ( 3) may provide that, (a) a payment of such sum as may be prescribed by the Central Government as interim relief to any claimant under such scheme; (b) a contravention of any provision thereof shall be punishable w ith imprisonment which may extend to two years, or with fine which shall not be less than twenty -five thousand rupees but may extend to five lakh rupees or with both; (c) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of Central Government, by such officer or authority to any other officer or authority. 162. Scheme for golden hour. (1) Notwithstanding anything contained in the General Insurance Companies (Nationalisation) Act, 1972 (57 of 1972) or any other law for the time being in force or any instrument having the force of law, the insurance companies for the time being carrying on general insurance business in India shall provide in accordance with the provisions of this Act and the schemes made under this Act for treatment of road accident victims, including during the golden hour. (2) The Central Government shall make a scheme for the cashless treatment of victims of the accident during the golden ho ur and such scheme may contain provisions for creation of a fund for such treatment. 163. Refund in certain cases of compensation paid under section 161. (1) The payment of compensation in respect of the death of, or grievous hurt to, any person under se ction 161 shall be subject to the condition that if any compensation (hereafter in this sub -section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of suc h death or grievous hurt under any other provision of this Act or any other law for the time being in force or otherwise, so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161, shall be refunded to the insurer. (2) Before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle under any provision of this Act other than section 161 or any other law for the time being in force, the Claims Tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 161 or an application for payme nt of compensation is pending under that section, and such Tribunal, court or other authority shall (a) if compensation has already been paid under section 161, direct the person liable to pay the compensation awarded by it to refund to the insurer, so mu ch thereof as is required to be refunded in accordance with the provisions of sub -section ( 1); (b) if an application for payment of compensation is pending under section 161 forward the particulars as to the compensation awarded by it to the insurer. Explanation. For the purpose of this sub -section, an application for compensation under section 161 shall be deemed to be pending (i) if such application has been rejected, till the date of the rejection of the application; and (ii) in any other case, till the date of payment of compensation in pursuance of the application. 164. Payment of compensation in case of death or grevious hurt, etc. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument ha ving the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case o f death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be. 91 (2) In any claim for compensation under sub -section ( 1), the claimant shall not be required to plead or establish that the death or grie vous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person. (3) Where, in respect of death or grievous hurt due to an accident arisi ng out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section. 164A. Scheme for interim relief for cl aimants. (1) The Central Government, may make schemes for the provision of

164A. Scheme for interim relief for cl aimants. (1) The Central Government, may make schemes for the provision of interim relief to claimants praying for compensation under this Chapter. (2) A scheme made under sub -section ( 1) shall also provide for procedure to recover funds disbursed under s uch scheme from the owner of the motor vehicle, where the claim arises out of the use of such motor vehicle or other sources as may be prescribed by the Central Government. 164B. Motor Vehicle Accident Fund. (1) The Central Government shall constitute a Fund to be called the Motor Vehicle Accident Fund and thereto shall be credited (a) payment of a nature notified and approved by the Central Government; (b) any grant or loan made to the Fund by the Central Government; (c) the balance of the Fund created under scheme framed under section 163, as it stood immediately before the commencement of the Motor Vehicles (Amendment) Act, 2019; and (d) any other source of income as may be prescribed by the Central Government. (2) The Fund shall be constituted for th e purpose of providing compulsory insurance cover to all road users in the territory of India. (3) The Fund shall be utilised for the following, namely: (a) treatment of the persons injured in road accidents in accordance with the scheme framed by the Central Government under section 162; (b) compensation to representatives of a person who died in hit and run motor accident in accordance with schemes framed under section 161; (c) compensation to a person grievously hurt in a hit and run motor accident in accordance with schemes framed under section 161; and (d) compensation to such persons as may be prescribed by the Central Government. (4) The maximum liability amount that shall be paid in each case shall be such as may be prescribed by the Central Gover nment. (5) In all cases specified in clause ( a) of sub -section ( 3), when the claim of such person becomes payable, where amount has been paid out of this Fund to any person, the same amount shall be deductible from the claim received by such person from t he insurance company. (6) The Fund shall be managed by such authority or agency as the Central Government may specify having regard to the following: (a) knowledge of insurance business of the agency; (b) capability of the agency to manage funds; and (c) any other criteria as may be prescribed by the Central Government. 92 (7) The Central Government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Fund in such form as may be prescribed by the Centr al Government in consultation with the Comptroller and Auditor -General of India. (8) The accounts of the Fund shall be audited by the Comptroller and Auditor -General of India at such intervals as may be specified by him. (9) The Comptroller and Auditor -General of India or any person appointed by him in connection with the audit of the accounts of the Fund under this Act shall have the same rights, privileges and authority in connection with such audit of the Government accounts and, in particular, shall h ave the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (10) The accounts of the Fund, as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of the Parliament. (11) Any scheme framed under sub -section ( 3) of section 161, as it stood immediately before the commencement of the Motor Vehicles (Amendment) Act, 2019, shall be discontinued and all rights and liabilities accruing thereunder shall be met out of the Fund with effect from the date of commencement of this Act. 164C. Power of Central Government to make rules. (1) The Central Government may make rules for the purposes of carrying into effect, the provisions of this Chapter. (2) Without prejudice to the generality of the for egoing power, such rules may provide for (a) the forms to be used for the purposes of this Chapter including, (i) the form of the insurance policy and the particulars it shall contain as referred to in sub-section ( 3) of section 147 ; (ii) the form for making changes in regard to the fact of transfer in the certificate of insurance under sub -section ( 2) of section 157; (iii) the form in which the accident information report may be prepared, the particulars it shall contain, the manne r and the time for submitting the report to the Claims Tribunal and the other agency under section 159; (iv) the form for furnishing information under section 160; and (v) the form of the annual statement of accounts for the Motor Vehicle Accident Fund u nder sub-section ( 7) of section 164B; (b) the making of applications for and the issue of certificates of insurance; (c) the issue of duplicates to replace certificates of insurance lost, destroyed or mutilated; (d) the custody, production, cancellation a nd surrender of certificates of insurance; 93 (e) the records to be maintained by insurers of policies of insurance issued under this Chapter; (f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this Ch apter; (g) the furnishing of information respecting policies of insurance by insurers; (h) adopting the provisions of this Chapter to vehicles brought into India by persons making only a temporary stay therein or to vehicles registered in a reciprocating country and operating on any route or within any area in India by applying those provisions with prescribed modifications; (i) the requirements which a certificate of insurance is required to comply with as referred to in clause ( b) of section 145; (j) administration of the Fund established under sub -section ( 3) of section 146; (k) the minimum premium and the maximum liability of an insurer under sub -section ( 2) of section 147; (l) the conditions subject to which an insurance policy shall be issued and other matters related thereto as referred to in sub -section ( 3) of section 147; (m) the details of settlement, the time limit for such settlement and the procedure thereof under sub -section ( 2) of section 149; (n) the extent of exemptions and the modific ations under the proviso to sub -section ( 3) of section 158; (o) the other evidence under sub -section ( 5) of section 158; (p) such other agency to which the accident information report as referred to in section 159 may be submitted; (q) the time limit and fee for furnishing information under section 160; (r) the higher amount of compensation in respect of death under clause ( a) of sub -section ( 2) of section 161; (s) a sum to be paid as interim relief as referred to in clause ( a) of sub -section ( 4) of section 161; (t) the procedure for payment of compensation under sub -section ( 1) of section 164; (u) such other sources from which funds may be recovered for the scheme as referred to in sub-section ( 2) of section 164A; (v) any other source of income that may be credited into the Motor Vehicle Accident Fund under sub -section ( 1) of section 164B; (w) the persons to whom compensation may be paid under clause ( d) of sub -section ( 3) of section 164B; (x) the maximum liability amount under sub -sectio n (4) of section 164B; (y) the other criteria under clause ( c) of sub -section ( 6) of section 164B; 94 (z) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by rules. 164D. Power of State Government to mak e rules. (1) The State Government may make rules for the purposes of carrying into effect, the provisions of this Chapter other than the matters specified in section 164C. (2) Without prejudice to the generality of the foregoing power, such rules may pro vide for (a) the other authority under sub -section ( 5) of section 147; and (b) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] CHAPTER XII CLAIMS TRIBUNALS 165. Claims Tribunals .(1) A Stat e Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicat ing upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a t hird party so arising, or both. Explanation .For the removal of doubts, it is hereby declared that the expression claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles includes claims for compensation under 1[section 164 ]. (2) A Claims Tri bunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be app ointed as the Chairman thereof. (3) A person shall not be qualified for appointment as a me mber of a Claims Tribunal unless he (a) is, or has be en, a Judge of a High Court, or (b) is, or has been, a District Judge, or (c) is qualified for appointm ent as a Judge of a High Court 2[or as a District Judge] . (4) Where two or more Claims Tribunals ar e constituted for any area, the State Government, may by general or special order, regulate the distr ibution of business among them. 166. Application for compensation .(1) An application for compensation arising out of an accident of the nature specified i n sub -section ( 1) of section 165 may be made (a) by the person w ho has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal repr esentatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the de ceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the appl ication shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application. 1. Subs. by Act 32 of 2019, s. 52, for section 140 and section 163A (w.e.f. 1 -4-2022). 2. Added by Act 54 of 1994, s. 52 (w.e .f. 14 -11-1994). 95 1[Provided further that where a person accep ts compensation under section 164 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.] 2[(2) Every application under sub -section ( 1) shall be made, at the option of the claimant, either t o the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed: 3* * * * *.] 4[(3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.] 5[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under 6[section 159] as an application for compensation under this Act.] 7[(5) Notwithstanding anything in this Act or any other law for the time being in force, the right of a person to claim compensation for injury in an accident shall, upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury or not.] 167. Option regarding clai ms for compensation in certain cases .Notwithstanding anything contained in the Workmen s Com pensation Act, 1923 (8 of 1923 ), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workm ens Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both. 168. Award of the Claims Tribunal .(1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case ma y be, each of the claims and, subject to the provisions of 8[section 163] may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the awar d the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be: 9* * * * * (2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. (3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct. 169. Procedure and powers of Claims Tribunals .(1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summ ary procedure as it thinks fit. (2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing th e attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed

e attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims 1. Ins. by Act 32 of 2019, s. 53 (w.e.f. 1 -4-2022). 2. Subs. by Act 54 of 1994, s. 53, for sub -section ( 2) (w.e.f. 14 -11-1994). 3. Proviso omitted by Act 32 of 2019, s. 53, (w.e.f. 1 -4-2022). 4. Ins. by Act 32 of 2019, s. 53, (w.e.f. 1 -4-2022), Earlier sub -section ( 3) omitted by Act 54 of 1994, s. 53, (w.e.f. 14 -11-1994). 5. Subs. by Act 54 of 1994, s. 53, for sub -section ( 4) (w.e.f. 14 -11-1994). 6. Subs. by Act 32 of 2019, s. 53, for sub-section ( 6) of section 158 (w.e.f. 1 -4-2022). 7. Ins. by s. 53, ibid. (w.e.f. 1 -4-2022). 8. Subs. by s. 54, ibid, for section 162 (w.e.f. 1 -4-2022). 9. Proviso omitted by s. 54, ibid, (w.e.f. 1 -4-2022). 96 Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code o f Criminal Procedure, 1973 (2 of 1974 ). (3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing spe cial knowledge of any matter relevant to the inquiry to as sist it in holding the inquiry. 1[(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908, as if the award were a decree for the payment of money passed by such court in a civil suit. ] 170. Imple ading insurer in certain cases .Where in the course of any inquiry, the Clai ms Tribunal is satisfied that (a) there is collusion between the person making the claim and the person aga inst whom the claim is made, or (b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub -section ( 2) of 2[section 150] , the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. 171. Award of inter est where any claim is allowed .Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf. 172. Award of compe nsatory costs in certain cases .(1) Any Claims Tribunal adju dicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that (a) the policy of insurance is void on the ground that it was obtained by representation of fact which was fals e in any material particular, or (b) any party or insurer has put forward a false or vexatious claim or defence, such Tribunal may make an order for the payment, by the party who is guilty of mis -representation or by whom such claim or defence has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim o r defence has been put forward. (2) No Claims Tribunal shall pass an order for special costs under sub -section ( 1) for any amount exceeding one thousand rupees. (3) No person or insurer against whom an order has been made under this section shall, by reason thereof be exempted from any criminal liability in respect of such mis -representation, claim or defence as is referred to in sub -section ( 1). (4) Any amount awarded by way of compensation under this section in respect of any mis-representation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect o f such mis -representation, claim or defence. 173. Appeals .(1) Subject to the provisions of sub -section ( 2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provi ded that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty -five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the man ner directed by the High Court: 1. Ins. by Act 32 of 2019, s. 55, (w.e.f. 1 -4-2022). 2. Subs. by s. 56, ibid., for section 149 (w. e.f. 1 -4-2022). 97 Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in t ime. (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than 1[one lakh] rupees. 174. Recovery of money from ins urer as arrear of land revenue .Where any amount is due from any person under an awar d, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manne r as an arrear of land revenue. 175. Bar on jurisdiction of Civil Courts .Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court. 176. Power of State Government to make rules .A State Government may m ake rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of t he following matters, namely: (a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in re spect of such applications; (b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; (c) the powers vested in a Civil Court which may be exercised by a Claims Tri bunal; (d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a Claims Tribunal; and (e) any other matter which i s to be, or may be, prescribed. CHAPTER XIII OFFENCES, PENALTIES AND PRO CEDURE 177. General provis ion for punishment of offences .Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fin e which may extend to 2[five hundred rupees ], and for any second or subsequent offence with fine which may extend to 3[one thousand and five hundred rupees ]. 4[177A. Penalty for contravention of regulations under section 118 .Whoever contravenes the regula tions made under section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees.] 178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor an d refusal to ply contract carriage, etc .(1) Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or t icket immediately on a requisition being made therefor, shall be punishable with fine which may extend to five hundred rupees. Explanation .In this section, pass and ticket have the meanings respectively a ssigned to them in section 124. (2) If the cond uctor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is 1. Subs. by Act 32 of 2019, s. 57, for ten thousand (w.e.f. 1 -4-2022). 2. Subs. by Act 32 of 2019, s. 58, for one hundred rupees (w.e.f. 1 -9-2019). 3. Subs. by s. 58, ibid., for three hundred rupees (w.e.f. 1 -9-2019). 4. Ins. by s. 59 , ibid. (w.e.f. 1 -9-2019). 98 (a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either wilfully or negligently, (i) fails or refuses to accept the f are when tendered, or (ii) fails or refuses to supply a ticket, or (iii) supplies an invalid ticket, or (iv) supplies a ticket of a lesser value, or (b) to check any pass or ticket, either wilfully or n eglige ntly fails or refuses to do so, he shall be punishable with fine which may extend to five hundred rupees. (3) If the holder of a permit or the driver of a contract carriage refuses, in contravention of the provisions of this Act or rules made thereun der, to ply the contract carriage or to carry the pass engers, he shall, (a) in the case of two -wheeled or three -wheeled motor vehicles, be punishable with fine which may extend to fifty rupees; and (b) in any other case, be punishable with fine which ma y extend to 1[five hundred rupees ]. 179. Disobedience of orders, obstruct ion and refusal of information .(1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any p erson or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to 2[two thousand rupe es]. (2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he known to be false or which he does not believe to be true, shall, if no other penalty is provided for the offe nce, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to 2[two thousand rupees] , or with both. 180. Allowing unauthorised persons to dri ve vehicles .Whenever, being the owner or person in charge of a m otor vehicle, causes, or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine 3[of five thousand rupees ], or with both. 181. Driving vehicles in contraven tion of section 3 or section 4 .Whoever, drives a motor vehicle in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine 4[of five thousand rupees ], or with both. 182. Offences relating t o licences .(1) Whoever, being disqualified under this Act for holding or obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with impri sonment for a term which may extend to three months, or with fine 5[of ten thousand rupees ] or with both, and any driving licence so obtaine d by him shall be of no effect. (2) Whoever, being disqualified under this Act for holding or obtaining a conductor s licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor s licence or, not being entitled to have a conductor s licence issued to him free of endorsement, applies for or obtains a conductor s licence withou t disclosing the endorsements made on a conductor s licence previously held by him, shall be punishable with imprisonment for a term which may extend to one month, or with fine 1. Subs. by Act 32 of 2019, s. 60, for two hundred rupees (w.e.f. 1 -9-2019). 2. Subs. by s. 61, ibid., for five hundred rupees (w.e.f. 1 -9-2019). 3. Subs. by s. 62, ibid., for which may extend to one thousand rupees (w.e.f. 1-9-2019). 4. Subs. by s. 63, ibid., for which may extend to five hundred rupees (w.e.f. 1 -9-2019). 5. Subs. by s. 64, ibid., for which may extend to five hundred rupees (w.e.f. 1 -9-2019). 99 which may extend to 1[ten thousand rupees ], or with both, and any conductor s licence

9). 99 which may extend to 1[ten thousand rupees ], or with both, and any conductor s licence so obtained by him shall be of no effect. 2[182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components .(1) Whoever, being a manufacturer, importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter VII or the r ules and regulations made there under, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both: Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor ve hicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter VII or the rules and regulations made thereunder. (2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter VII or the r ules and regulations made there under, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both. (3) Whoever, sells or offers t o sell, or permits the sale of any component of a motor vehicle which has been notified as a critical safety component by the Central Government and which does not comply with Chapter VII or the r ules and regulations made there under shall be punishable wit h imprisonment for a term which may extend to one year or with fine of one lakh rupees per such component or with both. (4) Whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a m anner not permitted under the Act or the r ules and regulations made there under shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees pe r such alteration or with both. 182B. Punishment for cont ravention of section 62A .Whoever contravenes the provisions of section 62A, shall be punishable with fine which shall not be less than five thousand rupees, but may extend to ten thousand rupees.] 183. D riving at excessive speed, etc .(1) Whoever, drives 3[or causes any person who is employed by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable 4[in the following manner, namely: (i) where such motor vehic le is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees; (ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenge r vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and (iii) for the second or any subsequent offence under this sub -section the driving licence of such driver shall be impounded as per the provisi ons of the sub -section ( 4) of section 206.] 5* * * * * (3) No person shall be convicted of an offence punishable under sub -section ( 1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical 6[or electronic] device. (4) The publication of a time table under which, or the giving of any direction that, any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the 1. Subs. by Act 32 of 2019, s. 64, for one hundred rupees (w .e.f. 1 -9-2019). 2. Subs. by s. 65, ibid., for section 182A (w.e.f. 1 -9-2019). 3. Ins. by Act 32 of 2019, s. 66 (w.e.f. 1 -9-2019). 4. Subs. by s. 66, ibid., for the certain words (w.e.f. 1 -9-2019). 5. Sub -section ( 2) omitted by s. 66, ibid. (w.e.f. 1 -9-2019). 6. Ins. by s. 66, ibid. (w.e.f. 1 -9-2019). 100 specified time without co ntravening the speed limits referred to in section 112 be prima facie evidence that the person who published the time table or gave the direction has committed an offence pu nishable under 1[sub-section ( 1)]. 184. Driving dangerou sly.Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public 2[or which causes a sense of alarm or distress to the occupants of the vehicle , other road users, and persons near roads,] having regard to all the circumstances of case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment fo r a term 3[which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both ], and for any second or subsequent offence if committed within three years of th e commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine 4[of ten thousand rupees ], or with both. 5[Explanation .For the purpose of this section, (a) jumping a red light; (b) violating a stop sign ; (c) use of handheld communications devices while driving; (d) passing or overtaking other vehicles in a manner contrary to law; (e) driving against the authorised flow of traffic; or (f) driving in any manner that falls far below what would be expected o f a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous, shall amount to driving in such manner which is dangerous to the public.] 185. Driving by a drunken person or by a perso n under the influence of drugs .Whoever, while driving, or attempti ng to drive, a motor vehicle, 6[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 7[or in any other test including a l aboratory test,] or] (b) is under the influence of a drug to such an extent as to be incapable of exercising p roper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fin e 8[of ten thousand rupees ], or with both; and for a second or subsequent offence, 9*** with impr isonment for term which may extend to two years, or with fine 10[of fifteen thousand rupees ], or with both. 11[Explanation .For the purposes of this section, the expression drug means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause ( xiv) and clause ( xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).] 1. Subs. by 32 of 2019, s. 66, for sub -section ( 2) (w.e.f. 1 -9-2019). 2. Ins. by s. 67, ibid. (w.e.f. 1 -9-2019). 3. Subs. by Act 32 of 2019, s. 67, for which may extend to six months, or with fine which ma y extend to one thousand rupees (w.e.f. 1 -9-2019). 4. Subs. by s. 67, ibid., for which may extend to two thousand rupees (w.e.f. 1 -9-2019). 5. Ins. by s. 67, ibid. (w.e.f. 1 -9-2019). 6. Subs. by Act 54 of 1994, s. 55, for clause ( a) (w.e.f. 14 -11-1994). 7. Ins. by Act 32 of 2019, s. 68 (w.e.f. 1 -9-2019). 8. Subs. by s. 68, ibid., for which may extend to two thousand rupees (w.e.f. 1 -9-2019). 9. The words if committed within three years of the commission of the previous similar offence, omitted by s. 68, ibid. (w.e.f. 1-9-2019). 10. Subs. by s. 68, ibid., for which may extend to three thousand rupees (w.e.f. 1 -9-2019). 11. Subs. by s. 68, ibid., for the Explanation (w.e.f. 1 -9-2019). 101 186. Driving when mentall y or physically unfit to drive .Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to 1[one thousand rup ees] and for a second or subsequent offence with fine which may extend to 2[two thousand rupees ]. 187. Punishment for offences relating to accident .Whoever fails to comply with the provisions of clause 3[(a)] of sub -section ( 1) of section 132 or section 1 33 or section 134 shall be punishable with imprisonment for a term which may extend to 4[six months ], or with fine 5[of five thousand rupees ], or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to 6[one year ], or with fine 7[of ten thousand rupees ], or with both. 188. Punishment for abetmen t of certain offences .Whoever abets the commission of an offence under section 184 , section 185 or section 186 shall be punishable with the punis hment provided for the offence. 189. Racing and trials of speed .Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind betwee n motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to 8[three months ], or with fine 9[of five thousand rupees ], or with both 10[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both.] 190. Usi ng vehicle in unsafe condition .(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or traile r has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine 11[of one thousand five hundred rupees ] or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months , or with fine 12[of five thous and rupees ], or with both 13[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property]. (2) Any person who drives or causes or allows to be driven, in a ny public place a motor vehicle, which violates the standards prescribed in relation to road sa fety, control of noise and air -pollution, shall be punishable for the first offence with 14[imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licen ce for a period of three months ] and for any second or subsequent offence with 15[imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both]. (3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence 16[with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months ], or with 1. Subs. by Act 32 of 2019, s. 69, for two hundred rupees (w.e.f. 1-9-2019). 2. Subs. by s. 69, ibid., for five hundred rupees (w.e.f. 1 -9-2019). 3. Subs. by s. 70, ibid., for ( c) (w.e.f. 1 -9-2019). 4. Subs. by s. 70, ibid., for three months (w.e.f. 1 -9-2019). 5. Subs. by s. 70, ibid., for which may extend to fiv e hundred rupees (w.e.f. 1 -9-2019). 6. Subs. by s. 70, ibid., for six months (w.e.f. 1 -9-2019). 7. Subs. by s. 70, ibid., for which may extend to one thousand rupees (w.e.f. 1 -9-2019). 8. Subs. by s. 71, ibid., for one month (w.e

-9-2019). 8. Subs. by s. 71, ibid., for one month (w.e.f. 1 -9-2019). 9. Su bs. by s. 71, ibid., for which may extend to five hundred rupees (w.e.f. 1 -9-2019). 10. Ins. by s. 71, ibid. (w.e.f. 1 -9-2019). 11. Subs. by s. 72, ibid., for which may extend to two hundred and fifty rupees (w.e.f. 1 -9-2019). 12. Subs. by s. 72, ibid., for which may extend to one thousand rupees (w.e.f. 1 -9-2019). 13. Ins. by s. 72, ibid. (w.e.f. 1 -9-2019). 14. Subs. by s. 72, ibid., for a fine of one thousand rupees (w.e.f. 1 -9-2019). 15. Subs. by s. 72, i bid., for a fine of two thousand rupees (w.e.f. 1 -9-2019). 16. Subs. by s. 72, ibid., for which may extend to three thousand rupees (w.e.f. 1 -9-2019). 102 imprisonment for a term which may ext end to one year, or with both, and for any second or subsequent offence with fine 1[of twenty thousand rupees ], or with imprisonment for a term which may exten d to three years, or with both. [191. Sale of vehicle in or alteration of vehicle to condition c ontravening this Act. ]Omitted by Act The Motor Vehicles (Amendment) Act, 2019 ( 32 of 2019 ), s. 73 (w.e.f . 1-9-2019). 2[192. Using vehicle without registration .(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravent ion of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one y ear or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both: Provided that the court may, for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use o f a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the person s using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub - section ( 1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 3[Explanation. Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention o f the provisions of section 39 and shall be punishable in the same manner as provided in sub -section (1).] STATE AMENDMENT Rajasthan Amendment of Section 192, Central Act 59 of 1988. In Section 192 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), in its application to the State of Rajasthan, hereinafter referred to as the Principal Act, - (a) in sub -section (1), for the expression with fine which may extend to two thousand rupees as occurring between the expression punishable for the first offenc e and the expression and for any second or subsequent offence , the expression with fine which shall not be less than five thousand rupees and for the expression with fine which may extend to three thousand rupees as occurring between the expression which may extend to six months or and the expression or with both , the expression with fine which shall not be less than ten thousand rupees shall be substituted, and (b) After sub -section (1) as so amended, the following proviso shall be inserted, n amely: -Provided that, in a case of contravention of the provision of section 39 or of any condition of the permit relating to the maximum number of passengers or maximum weight of luggage that may be carried on the vehicle, the court may for any adequate or special reason to be mentioned in the judgment, impose a fine less than that laid down in this sub - section. [Vide Rajasthan Act 2 of 1993, s. 2] 192A. Using vehicle without permit .(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub -section ( 1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for th e first offence with 4[imprisonment for a term which may extend to six months and] a fine 5[of ten thousand rupees ] and for any subsequent offence with imprisonment which may extend to one year but shall not be less than 6[six months ] or with fine 7[of ten thousand rupees ] or with both: Provided that the court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: 1. Subs. by Act 32 of 2019, s. 72, for which may extend to five thousand rupees (w.e.f. 1 -9-2019). 2. Subs. by Act 54 of 1994, s. 56, for sec tion 192 (w.e.f. 14 -11-1994). 3. Ins. by Act 32 of 2019, s. 74 (w.e.f. 1 -10-2020). 4. Ins. by Act 32 of 2019, s. 75 (w.e.f. 1 -9-2019). 5. Subs. by s. 75, ibid., for, which may extend to five thousand rupees but shall not be less than two thousand rupees (w.e.f. 1 -9-2019). 6. Subs. by s. 75, ibid., for three months (w.e.f. 1 -9-2019). 7. Subs. by s. 75, ibid., for which may extend to ten thousand rupees but shall not be less than five thousand rupees (w.e.f. 1 -9-2019). 103 Provided that the person using the vehicle reports about the same to the Regional Transport Auth ority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub -section ( 1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.] 1[192B. Offences relating to registration .(1) Whoever, being the owner of a motor vehicle, fails to make an application for registration of such motor vehicle under sub -section ( 1) of section 41 shall be punishable with fine of five times the annual road tax or one -third of the lifetime tax of the motor vehicle whichever is higher. (2) Whoever, being a dealer, fails to make an application for the registration of a new moto r vehicle under the second proviso to sub -section ( 1) of section 41 shall be punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor vehicle whichever is higher. (3) Whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of the annual road tax or two -third the lifetime tax of the motor vehicle, whichever is higher. (4) Whoever, being a dealer, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten ti mes the amount of annual road tax or two - third the lifetime tax of the motor vehicle, whichever is higher.] 193. Punishment of 2[agents, canvassers and aggregators] without proper authority .Whoever engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine 3[of one thousand rupees ] and for any second or subsequent offence with imprisonment which may extend to six months, or with fine 4[of two thousand rupees ], or with both. 5[(2) Whoever engages himself as an aggregator in contravention of the provisions of section 93 or of any rules made there under shall be punishable with fine up to one lakh rupees but shall not be less than twenty -five thou sand rupees. (3) Whoever, while operating as an aggregator contravenes a condition of the licence granted under sub-section ( 1) of section 93, not designated by the State Government as a material condition, shall be punishable with fine of five thousand ru pees.] 194. Driving vehicl e exceeding permissible weight .6[(1) Whoever drive s a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with 7*** fine 8[of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load ], together with the liability to pay charges for off-loading of the excess load .] 9[Provided that such motor vehicle shall not be allowed to move befor e such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.] 1. Ins. by Act 32 of 2019, s. 7 6 (w.e.f. 1 -4-2021). 2. Subs. by s. 77, ibid., for agents and canvassers (w.e.f. 1 -4-2021). 3. Subs. by s. 77, ibid., for which may extend to one thousand rupees (w.e.f. 1 -9-2019). 4. Subs. by s. 77, ibid., for which may extend to two thousand rupees (w.e.f. 1 -9-2019). 5. Ins. by s. 77, ibid, (w.e.f. 1 -4-2021). 6. Subs. by Act 54 of 1994, s. 57, for sub -section ( 1) (w.e.f. 14 -11-1994). 7. The word minimum omitted by Act 32 of 2019, s. 78 (w.e.f. 1 -9-2019). 8. Subs. by s. 78, ibid., for of two thous and rupees and an additional amount of one thousand rupees per tonne of excess load (w.e.f. 1 -9-2019). 9. Ins. by s. 78. ibid. (w.e.f. 1 -9-2019). 104 9[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner t hat the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pa y charges for off -loading of such load: Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit: Provided further that nothing in this sub -section shall apply when such motor vehicle has been given an exemption by the competent authority authorised in this behalf, by the State Government or the Central Govern ment, allowing the carriage of a particular load.] (2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal o f the load or part of it prior to weighing shall be punishable with fine 1[of forty thousand rupees]. 2[194A. Carriage of excess passengers .Whoever drives a transport vehicle or causes or allows a transport vehicle to be driven while carrying more passeng ers than is authorised in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger: Provided that such transport vehicle shall not be allowed to move before the excess passengers are off-loaded and an alternative transport i s arranged for such passengers. 194B. Use of safety belts and the seating of children .(1) Whoever drives a motor vehicle without wearing a safety belt o r carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees: Provided that the State Government, may by notification in the Official Gazette, exclude the application of this sub -section to transport vehicles to carry standing passengers or other specified classes of transport vehicles. (2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees. 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders . Whoever drives

pees. 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders . Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contrav ention of the provisions of section 128 or the rules or regulations made there under shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months. 194D. Penalty for not wearing protecti ve headgear .Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or regulations made there under shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licenc e for a period of three months. 194E. Failure to allow free passage to emergency vehicles .Whoever while driving a motor vehicle fails to draw to the side of the road, on the approach of a fire service vehicle or of an ambulanc e or other emergency vehicle as may be specified by the State Government, shall be punishable with imprisonment for a term which may extend to six months, or with a fine of te n thousand rupees or with both. 194F. Use of horns and silence zones .Whoever (a) while driving a motor vehicle 1. Subs. by Act 32 of 2019, s. 78, for which may extend to three thousand rupees (w.e.f. 1 -9-2019). 2. Ins. by s. 79, ibid. (w.e.f. 1 -9-2019). 105 (i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or (ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or (b) drives a motor vehicle which makes use of a cut -out by which exhaust gases are released other than through the silencer, shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees.] 195. [Imposition of minimum fine under certai n circumstances .]Omitted by Act The Motor Vehicles (Amendment) Act, 2019 (32 of 2019), s. 80 (w.e.f . 1-9-2019). 196. Driving uninsured vehicle .Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisi ons of section 146 shall be punishable 1[for the first offence] with imprisonment which may extend to three months, or with fine 2[of two thousand rupees ], or with both 1[, and for a subsequent offence shall be punishable with imprisonment for a term which may extend to three months, or with fine of four thousand rupees, or with both.] 197. Ta king vehicle without authority .(1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority sh all be punishable with imprisonment which may extend to three months or with fine 3[of five thousand rupees ], or with both. Provided that no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable bel ief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor. (2) Whoever, unlawfully by force or threat of force or by any other form of intimidatio n, seizes or exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three months, or with fine 3[of five thousand rupees ], or with both. (3) Whoever attempts to commit any of the acts referred to in sub -section ( 1) or sub -section ( 2) in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub -section ( 1) or, as th e case may be, sub -section ( 2). 198. Unauthorised interference with vehicle .Whoe ver otherwise than with lawful authority or reasonable execuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a mo tor vehicle shall be punishable 4[with fine of one thousand rupees ]. 5[198A. Failure to comply with standards for road design, construction and maintenance .(1) Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such d esign, construction and maintenance standards, as may be prescribed by the Central Government from time to time. (2) Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub -section ( 1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund constit uted under section 164B. (3) For the purposes of sub -section ( 2), the court shall in particular have regard to the following matters, namely: (a) the characteristics of the road, and the nature and type of traffic which was reasonably expected to use it a s per the design of road; 1. Ins. by Act 32 of 2019, s. 81. (w.e.f. 1 -9-2019). 2. Subs. by s. 81, ibid., for which may extend to one thousand rupees (w.e.f. 1 -9-2019). 3. Subs. by s. 82, ibid., for which may extend to five hundred rupees (w.e .f. 1-9-2019). 4. Subs. by s. 83, ibid., for with fine which may extend to one hundred rupees (w.e.f 1 -9-2019). 5. Ins. by s. 84, ibid. (w.e.f. 1 -9-2019). 106 (b) the standard of maintenance norms applicable for a road of that character and use by such traffic; (c) the state of repair in which road users would have expected to find the road; (d) whether the designated authority responsi ble for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users; (e) whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose; (f) whether adequate warning notices through road signs, of its condition had been displayed; and (g) such other matte rs as may be prescribed by the Central Government. Explanation .For the purposes of this section, the term contractor shall include sub -contractors and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road.] 199. Offences by companies .(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub -section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manag er, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded ag ainst 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 fir m, means a partner in the firm. 1[199A. Offences by juveniles .(1) Where an offence under this Act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub -section shall render such guardian or owner liable to any punishment provided in th is Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Explanation .For the purposes of this section, the Court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as the case may be. (2) In addition to the penalty under sub -section ( 1), such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with a fine of twenty -five thousand rupees. (3) The provisions of sub -section ( 1) and sub -section ( 2) shall not apply to such guardian or owner if the juvenile committing the offence had been granted a learner's licence under section 8 or a driving licence and was operating a motor vehicle which such juvenile was licensed to operate. (4) Where an offence under this Act has been committed by a juvenile, the registration of the motor vehicle used in the commission of the of fence shall be cancelled for a period of twelve months. 1. Ins. by Act 32 of 2019, s. 85 (w.e.f. 1 -9-2019). 107 (5) Where an offence under this Act has been committed by a juvenile, then, notwithstanding section 4 or section 7, such juvenile shall not be eligible to be granted a driving licence under section 9 or a learner's licence under section 8 until such juvenile has attained the age of twenty -five years. (6) Where an offence under this Act has been committed by a juvenile, then such juvenile shall be punishable with such fines as provided in the Act while any custodial sentence may be modified as per the provisions of the Juvenile Justice Act, 2000 (56 of 2000). 199B. Revision of fines .The fines as provided in this Act shall be increased by such amount not exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day of April of each year from the date of commencement of the Motor Vehicles (Amendment) Act, 2019 (32 of 2018) , as may be notified by the Central Government.] 200. C omposition of certain offences .(1) Any offence whether committed before or after the commencement of this Act 1[punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub -section ( 1) or sub -section ( 3) or sub -section ( 4) of section 182A, section 182B, sub-section ( 1) or sub-section ( 2) of section 183, section 184 only to the extent of use of handheld communication devices, section 186, section 189, sub -section ( 2) of section 190, section 192, section 192A, section 194, section 194A, section 194B, section 194C, section 19 4D, section 194E, section 194F, section 196, section 198,] may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official G azette , specify in this behalf : 2[Provided that the State Government may, in addition to such amount, require the offender to undertake a period of community service.] (2) Where an offence has been compounded under sub -section ( 1), the offender, if in custody, s hall be discharged and no further proceedings shall be taken against him in respect of such offence: 2[Provided that notwithstanding compounding under this section, such offence shall be deemed to be a previous commission of the same offence for the purpos e of determining whether a subsequent offence has been committed: Provided further that compounding of an offence will not discharge the offender from proceedings under sub -section ( 4) of section 206 or the obligation to complete a driver refresher trainin g course, or the obligation to complete community service, if applicable.] 201. Penalty for causing obstr uction to free flow of traffic .(1) Whoever keeps a 3*** vehicle on any public place, in such a manner, so as to cause impediment to the free flow of t raffic, shall be liable for penalty up to 4[five hundred rupees ], so long as it remains in that position: Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspec tion formalities under the law. 5[Provided further that where the vehicle is removed by 6[an agency authorised by the Central Government or State Government, removal charges ] shall be recovered from the vehicle owner or person in-charge of such vehicle.] 7[(2) Penalties or 8[removal char ges] under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorise.] 9[(3) sub -section ( 1) shall not apply where the motor vehicle has suffered an unforeseen breakdown and is in the process of being removed.] 5[Explanation .For the purposes of this section, removal charges includes any costs involved in the removal of the motor vehicle from one location to another and also includes any costs related to storage of such mot or vehicle.] 1. Subs. by Act 32 of 2019, s. 86, for certain words, figures and brackets (w.e.f. 1 -9-2019). 2. Ins. by s. 86, ibid. (w.e.f. 1 -9-2019). 3. The word disabled omitted by s. 87, ibid. (w.e.f. 1 -9-2019). 4. Subs. by s. 87, ibid., for fifty rupees per hour (w.e.f. 1 -9-2019). 5. Ins. by Act 5

rupees per hour (w.e.f. 1 -9-2019). 5. Ins. by Act 54 of 1994, s. 59 (w.e.f. 14 -11-1994). 6. Subs. by Act 32 of 2019, s. 87, for a Government agency, towing charges (w.e.f. 1 -9-2019). 7. Subs. by Act 54 of 1994, s. 59, for sub -section ( 2) (w.e.f. 14 -11-1994). 8. Subs. by Act 32 of 2019, s. 87, for towing charges ( w.e.f. 1 -9-2019). 9. Ins. by s. 87, ibid. (w.e.f. 1 -9-2019). 108 202. P ower to arrest without warrant .(1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or secti on 185 or section 197: Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custod y. 1[(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.] (3) A police officer arresting without warrant the driver of a motor vehicle shal l if the circumstances so require take or cause to be taken any steps he may consider proper for the tem porary disposal of the vehicle. 203. Breath tests .2[(1) A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorise d in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable ca use to suspect him of having committed an offence under section 185: Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably practicable after the commission of such offence.] (2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident, had alcohol in his blood or that he was driving under th e influence of a drug referred to in section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath for a breath test: (a) in the case of a person who is at a ho spital as an i ndoor patient, at the hospital, (b) in the case of any other person, either at or near the place where the requirement is made, or, if the police officer thinks fit, at a police station s pecified by the police officer: Provided that a person shall not be required to provide such a specimen while at a hospital as an indoor patient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper ca re or treatment of the patient. (3) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on any person under sub -section ( 1) or sub -section ( 2), that the device by means of wh ich the test has been carried out indicates the presence of alcohol in the person s blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient. (4) If a person, required by a police offic er under sub -section ( 1) or sub -section ( 2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without wa rrant except while he is at a hospital as an indoor patient. (5) A person arrested under this section shall while at a police station, be given an opportunity to provide a specimen of breath for a breath test there. (6) The results of a breath test made in pursuance of the provisions of this section s hall be admissible in evidence. Explanation .For the purposes of this section, breath test , means a test for the purpose of obtaining an indication of the presence of alcohol in a person s blood carried out, o n one or more 1. Subs. by Act 54 of 1994, s. 60, for sub -section ( 2) (w.e.f. 14 -11-1994). 2. Subs. by s. 61, ibid., for sub -section ( 1) (w.e.f. 14 -11-1994). 109 specimens of breath provided by that person, by means of a device of a type approved by the Central Government, by notification in the Official Gazette, for the purpose of such a test. 204. L aboratory test .(1) A person, who has been arrested under section 203 may, while at a police station, be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a Laboratory test, (a) it appears to the police of ficer that the device, by means of which breath test was taken in relation to such person, indicates the presence of alcohol in the blood of such person, or (b) such person, when given the opportunity to submit to a breath test, has refused, omitted or failed to do so: Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not. (2) A person while at a hospital as an indoor patient may be required by a police officer to provide at the hospital a specimen of his blood for a laboratory te st: (a) if it appears to the police officer that the de vice by means of which test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person, or (b) if the person having been required, whether at the hospital or elsewhere, to provide a specimen of bre ath for a breath test, has refused, omitted or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood: Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub -section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground that its provision or the requirement to pr ovide it would be prejudicial to the proper ca re or treatment of the patient. (3) The results of a laboratory test made in pursuance of this section shall be admissible in evidence. Explanation .For the purposes of this section, laboratory test means the analysis of a specimen of blood made at a laboratory established, maintained or recognised by the Central Go vernment or a State Government. 205. Presumption of unfitness to drive .In any proceeding for an offence punishable under section 185 if it is prov ed that the accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time. 206. Power of poli ce officer to impound document .(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permi t, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Indian Penal Code (45 of 1860 ), seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the ve hicle of such mark or document. (2) Any police officer or other person authorised in this behalf by the State Government may, if he has reaso n to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it to the Court taking cognizance of the offence and t he said Court shall on the first appearance of 110 such driver before it, return the licence to him in exchange for the temporary acknowledgme nt given under sub -section (3). (3) A police officer or other pers on seizing a licence under sub -section ( 2) shall giv e to the person surrendering the licence a temporary acknowledgment therefor and such acknowledgment shall authorise the holder to drive until the licence has been returned to him or until such date as may be specified by the police officer or other person in the acknow ledgment, whichever is earlier: Provided that if any magistrate, police officer or other person authorised by the State Government in this behalf is, on an application made to him, satisfied that the licence cannot be, or has not been, return ed to the holder thereof before the date specified in the acknowledgment for any reason for which the holder is not responsible, the magistrate, police officer or other person, as the case may be, may extend the period of authorization to drive to such dat e as may be s pecified in the acknowledgment. 1[(4) A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19: Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him.] 207. Power to detain vehicles used without certifica te of registration perm it, etc .(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub -section ( 1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the pres cribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle: Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub -section ( 1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an ack nowledgment in respect thereof. (2) Where a motor vehicle has been seized and detained under sub -section ( 1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose. STATE AMENDMENT Rajasthan Amendme nt of Section 207, Central Act 59 of 1988. In the proviso to sub -section (1) of Section 207 of the principal Act, the expression or without the permit required by sub - section (1) of Section 66 as occurring between the expression Section 3 or section 4 and the expression he may shall be deleted. [Vide Rajasthan Act 2 of 1993, s. 3]. 208. Summary disposal of cases .(1) The Court taking cognizance of any offence (other than an offence which the Central Government may by rules specify in this behalf) un der this Act, (i) may, if the offence is an offence punishable with impri sonment under this Act; and (ii) shall, in any other case, 1. Ins. by Act 32 of 2019, s. 88 (w.e.f. 1 -10-2020). 111 state upon the summons to be served on the accused person that he (a) may appear by pleader or in pe rson; or (b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indicated in the money order coupon itself: Provided that the Court shall, in the case of any of the offences referred to in sub -section ( 2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause ( b) and shall forward his driving licence to the Court with h is letter containing such plea. (2) Where the offence dealt with in accordance with sub -section ( 1) is an offence specified by the Central Government by rules for the purposes of this sub -section, the Court shall, if the accused person pleads guilty to the charge and forward his driving licence to the Court with the letter containing his plea, make an endorsement of such con viction on his driving licence. (3) Where an accused person pleads guilty and re mits the sum specified and has complied with the provisions of sub -section ( 1), or as the case may be, sub -sections ( 1) and ( 2), no further proceedings in respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the contrary contained in this Act, to be disqualified for holding or obtaining a licence by reaso n of his having pleaded guilty. 209. Restriction on conviction .No person prosecuted for an offence punishable under section 183 or section 184 shall be conv icted unless

prosecuted for an offence punishable under section 183 or section 184 shall be conv icted unless (a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or (b) within fourteen days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the of fence, or (c) within twenty -eight days of the commissi on of the offence, a summons for the offence was served on him: Provided that nothing, in this section shall apply wher e the Court is satisfied that (a) the failure to serve the notice or summons referred to in this sub -section was due to the fact that ne ither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence ha ve been ascertained in time, or (b) such failure was brought about by the conduct of the accused. 210. Courts to se nd intimation about conviction .Every Court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was u sed, shall send intimation to (a) the licensing authority w hich issued the driving licence, and (b) the licensing authority by whom the licence was last renewed, and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for the same and such other pa rticulars as may be prescribed. 1[210A. Power of State Government to increase penalties .Subject to conditions made by the Central Government, a State Government, shall, by not ification in the Official Gazette, specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such 1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1 -9-2019). 112 modified fine, shall be in force in such State and different multipliers may be applied to different cla sses of motor vehicles as may be classified by the State Government f or the purpose of this section. 210B. Penalty for offence committed by an enforcing authority .Any authority that is empowered to enforce the provisions of this Act shall, if such authori ty commits an offence under this Act, shall be liable for twice the penalty corresponding to that offence under this Act. 210C. Power of Central Government to make rules .The Central Government may make rules for (a) design, construction and maintenance s tandards for National highways; (b) such other factors as may be taken into account by the Court under sub -section ( 3) of section 198A; (c) any other matter which is, or has to be, prescr ibed by the Central Government. 210D. Power of State Government to ma ke rules .The State Government may make rules for design, construction and maintenance standards for roads other than national highways, and for any other matter which is, or may be, prescribed by the State Government.] CHAPTER XIV MISCELLANEOUS 211. Power to levy fee .Any rule which the Central Government or the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendmen t of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics or copies of documents or orders and for any other purpose or matter involving the rendering of any servic e by the officers or authorities under this Act or any rule made thereunder as may be considered necessary: Provided that the Government may, if it considers necessary so to do, in the public interest, by general or special order, exempt any class of perso ns from the payment of any such fee either in part or in full. 1[211A. Use of electronic forms and documents. (1) Where any provision of this Act or the rules and regulations made there under provide for (a) the filing of any form, application or any othe r document with any office, authority, body or agency owned or controlled by the Central Government or the State Government in a particular manner; (b) the issue or grant of any licence, permit, sanction, approval or endorsement, by whatever name called in a particular manner; or (c) the receipt or payment of money in a particular manner, then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the Central Government or the State Government, as the case may be. (2) The Central Government or the State Government shall, for the purpose of sub -section (1), prescribe (a) the manner and format in which such electronic forms and documents shall be filed, created or issued; and (b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic document under clause ( a).] 212. Public ation, commencement and lay ing of rules and notifications .(1) The power to make rules under this Act is subject to the condition of the rules being m ade after previous publication. 1. Ins. by Act 32 of 2019, s. 90 (w.e.f. 1 -10-2020). 113 (2) All rules made under this Act shall be published in the Official Gazet te, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is mad e before the State Legislature. (4) Every rule made by the Centr al Government under this Act, every scheme made by the Central Government under sub -section ( 1) of section 75 and sub -section ( 1) of section 163 and every notification issued by the Central Government under sub -section ( 4) of section 41, sub -section ( 1) of section 58, sub-section ( 1) of section 59, the proviso to sub-section ( 1) of section 112 , 1[section 118] 2[sub-section ( 4) of section 163A ] 3[section 164, section 177A] and sub -section ( 4) of section 213 shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successi ve sessions aforesaid, both Houses agree in making any modification in the rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification shall thereaf ter 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 tha t rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that H ouse, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the notification shall thereafter have effect o nly in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.] 213. Appointm ent of motor vehicles office rs.(1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit. (2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860 ). (3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality o f the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by th em, and the conditions governi ng the exercise of such powers. (4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereo f shall posse ss for being appointed as such. (5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub -section ( 3), such officer as may be empowered by the State Government in this behalf shall also have the power to, (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed; 1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1 -9-2019). 2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14 -11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1 -10-2020). 114 (b) with such assistance, if any, as he thinks fit, enter, inspect and search a ny premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offe nce has been committed is kept: Provided that, (i) any such search without a warrant shall be made only by an officer of the rank of a gazet ted officer; (ii) where the offence is punishable with fine only the search shall not be made a fter sunset and before sunrise; (iii) where the search is made without a warrant, the gazetted of ficer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made; (c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carryin g out the purposes of this Act; (d) seize or take copies of any registers or documents or portions thereof as he may consider relevant in re spect of an offence under this Act which he has reason to believe has been committed; (e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the offender before any court; (f) exercise such oth er powers as may be prescribed: Provided that no person shall be compelled under this sub -section to answer any question or make any statement tending to incriminate himself. (6) The provisions of the Code of Crim inal Procedure, 1973 (2 of 1974 ) shall, so fa r as may be apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 94 of that Code. 214. Effect of appeal and revision on orders passed by original aut hority .(1) Whe re an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Act, the appeal or the application for revision shall not operate as a stay of the order passed by the original author ity and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs. (2) Notwithstanding anything contained in sub-section ( 1), if an application made by a person for the renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Act against such rejection, the appellate autho rity or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified therein, continue to be valid until the appeal or applicati on for revision is disposed of. (3) No order ma de by a competent authority under this Act shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the proceedings, unless it appears to the prescribed appellate authority or revisional authority, as the case may be, that such error, omission or irregularity has, in fact, o ccasioned a failure of justice. 215. Road Safety Councils and Committees .(1) The Central Government may, by notification in the Official Gazette, constitute for the country a National Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (2) A State Government may, by notification in the Official Gazette, constitute for the State a State Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. 115 (3) A State Government may, by notification in the Official Gazette , constitute District Road Safety Committee for each district in the State consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (4) The Councils and Commit tees referred to in this section shall discharge such functions relating to the road safety programmes as the Central Government or the State Government, as the case may be, may, having regard to t he objects of the Act, specify. 1[215A. Power of Central Go vernment and State Government to delegate .Notwithstanding anything contained in this Act, (a) the Central Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public autho rity and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act; (b) the State Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any

(b) the State Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act. 215B. National Road Safety Board .(1) The Central Government shall, by notification in the Official Gazette, constitute a National Road Safety Board consisting of a Chairman, such number of representatives from the State Governments, and such other members as it may consider necessary and on such terms and conditions as may be prescribed by the Cen tral Government. (2) The National Board shall render advice to the Central Government or State Government, as the case may be, on all aspects pertaining to road safety and traffic management including, but not limited to, (a) the standards of design, weig ht, construction, manufacturing process, operation and maintenance of motor vehicles and of safety equipment; (b) the registration and licensing of motor vehicles; (c) the formulation of standards for road safety, road infrastructure and control of traffic ; (d) the facilitation of safe and sustainable utilisation of road transport ecosystem; (e) the promotion of new vehicle technology; (f) the safety of vulnerable road users; (g) programmes for educating and sensitising drivers and other road users; and (h) such other functions as may be prescribed by the Central Government from time to time. 215C. Power of Central Government to make rules .(1) The Central Government may make rules for the purposes of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for (a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A; (b) the minimum qualifications which the Motor Vehicles Department officers or any class thereof shall be required to possess for appointment as such, as referred to in sub -section (4) of section 213; (c) the terms and conditions of appointment of Chairman and Members of the National Road Safety Board under sub -section ( 1) of section 215B; (d) the other functions of the National Road Safety Board under sub -section ( 2) of section 215B; and 1. Ins. by Act 32 of 2019, s. 92 (w.e.f. 1 -9-2019). 116 (e) any other matter which i s to be, or may be, prescribed, or in respect of which provision is to be made by rules by the Central Government. 215D. Power of State Government to make rules .(1) The State Government may make rules for the purposes of carrying into effect, the provisio ns of this Chapter, other than the matters specified in section 215C. (2) Without prejudice to the generality of the foregoing power, such rules may provide for (a) the use of electronic forms and means for the filing of documents, issue or grant of licen ce, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A; (b) the duties and functions of the officers of the Motor Vehicle Department, the powers to be exercised by such officers (including the powe rs exercisable by police officers under this Act) and the conditions governing the exercise of such powers, the uniform to be worn by them, the authorities to which they shall be subordinate as referred to in sub -section ( 3) of section 213; (c) such other powers as may be exercised by officers of the Motor Vehicles Department as referred to in clause ( f) of sub -section ( 5) of section 213; and (d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the State Government.] 216. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with th e provisions of this Act as appear to it to be necessary or expedie nt for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencemen t of this Act. (2) Every order made under t his section shall, as soon as may be after it is made, be laid b efore each House of Parliament. 217. Repeal and savings .(1) The Moto r Vehicles Act, 1939 (4 of 1939 ) and any law corresponding to that Act in force in any State immediately before the commenc ement of this Act in that State (hereafter in this section referred to as the repealed e nactments) are hereby repealed. (2) Notwithstanding the repeal by sub -section ( 1) of the repealed e nactments, (a) any notification, rule, regulation, order or notice i ssued, or any appointment or declaration made, or exemption granted, or any confiscation made, or any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken under the repealed enactments, and in force immed iately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been issued, made, granted, done or taken under the correspondi ng provision of this Act; (b) any certificate of fitness or registrati on or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed; (c) any document referring to any of the rep ealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corre sponding provision of this Act; (d) the assignment of distinguishing marks by the registering authority and the manner of display on motor vehicles in ac cordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub -section ( 6) of section 41 of this Act is issued; (e) any scheme made under section 68C of the Moto r Vehicles Act, 1939 (4 of 1939 ) or under the corresponding law, if any, in force in any State and pending immediately before the commencement of this Act shall be disposed of in accordance with the provisi ons of section 100 of this Act; 117 (f) the permits iss ued under sub -section ( 1A) of section 68F of the Motor Vehicles Act, 1939 (4 of 1939 ), or under the corresponding provision, if any, in force in any State immediately before the commencement of this Act shall continue to remain in force until the approved scheme under Chapt er VI of this Act is published. (3) Any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments. (4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Cl auses Act, 1897 (10 of 1897 ), with regard to the effect of repeals. 1[217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939 .Notwithstanding the repeal by sub -section ( 1) of section 217 of the enactments referred to in that sub -section, any certificate of fitness or registration or licence or permit issued or granted under the said enactments may be renewed under this Act.] 1. Ins. by Act 27 of 2000, s. 5 (w.e.f. 11 -8-2000). 118 1[THE FIRST SCHEDULE ] (See sections 116 and 119) TRAFFIC SIGNS Part A.Mandatory Signs Notes (1) The figure 20 is given merely as an example. The actual fi gures will be as prescribed in each case where this sign is used. (2) The general design of the post is given for guidance. (3) Where the speed limit is, or is to be, imposed only on a certain class or classes of motor vehicle, the class or classes will be specified on the definition plate . Where in addition to a general speed limit applicable to other motor vehicles a special speed limit is or is to be imposed on vehicles of a certain class or classes, the general speed limit will be specified on the dis c and the special speed limit together with the class or classes of vehicle to which it applies, will be specified on the definition plate . (4) The paints to be used on the traffic signs should be of reflecting kind. 1. The Schedule renumbered as the First Schedule thereof by Act 54 of 1994, s. 63 (w.e.f. 14 -11-1994). 119 120 Note. Sign NO .5 as here se t forth may be amplified by instructions inscribed upon a definition plate placed below it as in the general arrangement set forth in sign No. 1 of this Part. Upon the definition plate may be set forth the times during which parking i s prohibited. In like manner an arrow -head inscribed on the definition plate will indicate that parking is prohibited on that part of the street or road lying to the side of the sign to which the arrow -head points. 121 122 Part B.Cautionary Signs The signs of this Part shall be used in conjunction with a red triangular plate, the centre of which shall be either bollow or painted white, in the manner indicated in the general design reproduced below. 123 124 125 126 Part C.Informatory Signs 127 128 1[THE SECOND SCHEDULE .[Schedule for compensation for third party fatal accidents/injury cases claims ] Omitted by the Motor Vehicles (Amendment ) Act, 2019 (32 of 2019), s. 93 (w.e.f . 1-4-2022).] 1. Subs. by S.O. 2022(E), for the Second Schedule (w.e.f. 22 -5-2018).

THE ANTI -HIJACKING ACT, 2016 ACT NO. 30 OF 2016 [13th May , 2016.] An Act to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and for matters connected therewith. WHEREAS a Convention for the Suppression of Unlawful Seizure of Aircraft was signed at The Hague on the 16th day of December, 1970; AND WHEREAS India acceded to the said Convention and enacted the Anti -Hijacking Act, 1982 (65 of 1982) to give effect to the provisions of the Convention; AND WHEREAS India has signed the Protocol Supplementary to the Convention at Beijing on the 10th day of September, 2010 which deals with unlawful acts against Civil Aviation by new types of threats which require comprehensive amendments to the said Act; AND WHEREAS it is considered expedient that the unlawful acts of seizure or exercise of control of aircraft which jeopardize safety of persons and property is a matter of great concern to be addressed effectively by making suitable provisions for giving effect to the Convention and the Protocol and for matters connected therewith. BE it enacted by Parliament in the Sixty -seventh Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent, application and commencement .(1) This Act may be called the Anti - Hijacking Act, 2016. (2) It extends to the whole of India and, save as otherwise provided in this Act, it applies also to any offence thereunder committed outside India by any person. (3) It shall come into force on such date1 as the Centra l Government may, by notification in the Official Gazette, appoint. 2. Definitions . In this Act, unless the context otherwise requires , (a) Agency means the National Investigation Agency constituted under section 3 of the National Investigation Agency Act, 2008 (34 of 2008); (b) aircraft means any aircraft, whether or not registered in India, other than a military aircraft or an aircraft used in c ustoms or police service; (c) aircraft registered in India means an aircraft which is for the time being registered in India; (d) Convention country means a country in which the Hague Convention is for the time being in force; (e) Hague Convention means the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on the 16th day of December, 1970 and includes the Protocol Supplementary to the Convention signed at Beijing on the 10th day of September, 2010; (f) hostage means a passenger or a crew member of an aircraft or any security personnel on board the aircraft or a ground support staff involved in the maintenance of the aircraft, who is unlawfully seized or detained without his consent, or with his consent obtained by fr aud or duress, by an individual or by a group of persons, during the transit of an aircraft or when it is stationed at an airport, with an intention to secure any demand or fulfilment of any condition made by such individual or such group of persons; 1. 5th July, 2017 , vide notification No. G.S.R. 827(E) , dated 5th July, 2017 , see Gazette of India, Part II, s. 3. 3 (g) military aircraft means an aircraft of the naval, military, air force or any other armed forces of any country and includes every aircraft commanded for the time being by a person in any such force detailed for the purpose; (h) notification means a notification published in the Official Gazette; (i) security personnel means security personnel deployed by the Central Government or appointed by any agency authorised by that Government to ensure security of civil aviation against acts of unla wful interference. Explanation .for the purposes of this clause acts of unlawful interference means acts or attempted acts to jeopardize the safety of civil aviation and air transport, including (i) unlawful seizure of aircraft in flight; (ii) unlawful seizure of aircraft on the ground; (iii) hostage -taking on board aircraft or on aerodromes; (iv) forcible intrusion on board aircraft, at an aerodrome or on the premises on an aeronautical facility; (v) introduction on board an aircraft or at an a erodrome, of a weapon, explosive or other hazardous device, article or substances intended for criminal purposes; (vi) communication of false information with a view to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, g round personnel or the general public, at an aerodrome or on the premises of a civil aviation facility. CHAPTER II HIJACKING AND CONNECTED OFFENCES 3. Hijacking .(1) Whoever unlawfully and intentionally seizes or exercises control of an aircraft in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any technological means, commits the offence of hijacking. (2) A person shall also be deemed to have committed the offence of hijacking specified in sub - section (1), if, such person (a) makes a threat to commit such offence or unlawfully and intentionally causes any person to receive such threat under circumstances which indicate that the threat is credible; or (b) attempts to commit or abets the commission of such offence; or (c) organises or directs others to commit such offence or the offence specified in clause ( a) or clause ( b) above; (d) participates as an accomplice in such offence or the offence specified in clause ( a) or clause ( b) above; (e) unlawfully and intentionally assists another person to evade investigation, prosecution or punishment, knowing that such person has committed any such offence or the offence specified in clause ( a) or clause ( b) or clause ( c) or clause ( d) above, or that such person is wanted for criminal prosecution by law enforcement authorities for such an offence or has been sentenced for such an offence. (3) A person also commits the offence of hijacking, when committed intentionally, whether or not any of the offenc es specified in sub -section ( 1) or in clause ( a) of sub -section ( 2) is actually committed or attempted, either or both of the following: (a) agreeing with one or more other persons to commit an offence specified in sub -section ( 1) or in clause ( a) of sub -section ( 2), involving an act undertaken by one of the participants in furtherance of the agreement; or 4 (b) contributing in any manner to the commission of an offence specified in sub -section ( 1) or in clause ( a) of sub -section ( 2) by a group of persons acting with a common purpose and such contribution shall either (i) be made with the aim of furthering the general criminal activity or purpose of the group, where such activity or purpose involves the commission of such an offence; or (ii) be made in th e knowledge of the intention of the group to commit such offence. (4) For the purposes of this Act, an aircraft shall be considered to be in service from the beginning of the pre -flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty -four hours after any landing and in the case of a forced landing, the flight shall be deemed to continue until the compe tent authorities take over the responsibility for the aircraft and for persons and property on board. 4. Punishment for hijacking .Whoever commits the offence of hijacking shall be punished (a) with death where such offence results in the death of a hos tage or of a security personnel or of any person not involved in the offence, as a direct consequence of the office of hijacking; or (b) with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine, and the movable and immovable property of such person shall also be liable to be confiscated. 5. Punishment for acts of violence connected with hijacking .Whoever, being a person committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act of violence against any passenger or member of the crew of such aircraft, shall be punished with the same punishment with which he would have been punishable under any law for the time being in force in India if such act had bee n committed in India. 6. Conferment of powers of investigations, etc .(1) For the purposes of this Act, the Central Government may, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), by notification, confer on any officer of the Central Government or any officer of the Agency, powers of arrest, investigation and prosecution exercisable by a police officer under the said Code. (2) All officers of police and all officers of Government are hereby required and empowered to assist the officer of the Central Government referred to in sub -section ( 1) in the execution of the provisions of this Act. 7. Jurisdiction .(1) Subject to the provisions of sub -section ( 2), where an offence under section 3 or section 5 is committed o utside India, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within India at which he may be found. (2) No Court shall take cognizance of an offence punishable under section 3 or s ection 5 which is committed outside India unless, (a) such offence is committed within the territory of India; (b) such offence is committed against or on board an aircraft registered in India; (c) such offence is committed on board and the aircraft in w hich the offence is committed lands in India with the alleged offender still on board; (d) such offence is committed against or on board an aircraft which is for the time being leased without crew to a lessee who has his principal place of business or wher e he has no such place of business, his permanent residence is in India; (e) such offence is committed by or against a citizen of India; (f) such offence is committed by a stateless person whose habitual residence is in the territory of India; 5 (g) such offence is committed by the alleged offender who is present in India but not extradited under section 11. 8. Designated Court .(1) For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification, specify a Court of Sessions to be a Designated Court for such area or areas as may be specified in the notification. (2) Notwithstanding the provisions of sub -section ( 1), the Special Court Constituted under section 11 or, as the case may be, under section 22 of the National Investigation Agency Act, 2008 (34 of 2008) shall be the Designated Court for the purposes of this Act in case where the power of arrest, investiga tion and prosecution is exercised by the Agency under sub -section ( 1) of section 6. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Designated Court shall, as far as practicable, hold the trial on a day -to-day basis. 9. Offences triable by Designated Court .(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), (a) all offences under this Act shall be triable by the Designated Court referred to in section 8 . (b) where a person who is accused or suspected of the commission of an offence under this Act is forwarded to the Magistrate under sub -section ( 2) or sub -section ( 2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise detention of such person in such custody, as he thinks fit, for a period not exceeding thirty days in th e whole, where such Magistrate is a Judicial Magistrate, and seven days in the whole, where such Magistrate is an Executive Magistrate: Provided that the Magistrate may, if he considers that the detention of such person is not required, (i) when such per son is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, he shall order such person to be forwarded to the Designated Court having jurisdiction; (c) the Designated Court may exercise , in relation to the person forwarded to it under clause ( b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1 973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section; (d) the Designated Court may, u pon perusal of the report filled by the Agency or a complaint made by an officer of the Central Government, or t he State Government, as the case may be, authorised in this behalf, take cognizance of the offence without the accused being committed to it for trial. (2) When trying an offence under this Act, a Designated Court may also try an offence other than an offe nce under this Act, which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. CHAPTER III MISCELLANEOUS 10. Application of Code to proceedings before Designated Court .Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Designated Court and the person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor. 11. Provisions as to extradition .(1) The offences under section 3 and section 5 shall be deemed to have been included as extraditable offences and provided for in all the extradition treaties made by India with Convention countries and which extend to, and are binding on, India on the date of commencement of this Act. 6 (2) For the purposes of the application of the Extradition Act, 1962 (34 of 1962) to offences under this Act, any aircraft registered in a Convention country shall, at any time while that aircraft is in servi ce, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country. (3) None of the offences mentioned in section 3 shall be regarded, for the purposes of extradition or mu tual legal assistance, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives and a request for extradition or for mutual legal assistance based on such an offence shall not be refused on t he sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political

refused on t he sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives. 12. Provision as to bail .(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond, unless, (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where Pu blic Prosecutor opposes the application, the Designated Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail as specified in sub -section ( 1) are in addition to the limitation under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force, on granting bail. (3) Nothing contained in this section shall be deemed to affec t the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974). 13. Contracting parties to Convention .The Central Government may, by n otification, certify as to who are the contracting parties to the Hague Convention and to what extent they have availed themselves of the provisions of the Convention, and any such notification shall be conclusive evidence of the matters certified therein. 14. Power to treat certain aircraft to be registered in Convention countries .(1) If the Central Government is satisfied that the requirements of sub -section ( 2) have been satisfied in relation to any aircraft, it may, by notification, direct that such aircraft shall, for the purposes of this Act, be treated as registered in such Convention country as may be specified in the notification. (2) Where the Convention countries establish joint air transport operating organisations or international operating a gencies, which operate aircraft which are subject to joint or international registration, shall, by appropriate means, designate for each aircraft, the country among them which shall exercise the jurisdiction and have the attributes of the country of regis try for the purposes of the Convention and shall give notice thereof to the Secretary General of the International Civil Aviation Organisation who shall communicate the notice to all Convention countries. 15. Previous sanction necessary for prosecution .No prosecution for an offence under this Act shall be instituted except with the previous sanction of the Central Government. 16. Presumption as to offences under sections 3 and 5.In a prosecution for an offence under section 3 or section 5, if it is prov ed that (a) the arms, ammunitions or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunitions or explosives of similar nature were used in the commission of such offence; or (b) there is evid ence of use of force, threat of force or any other form of intimidation caused to the crew or passengers in connection with the commission of such offence, the Designated Court shall presume, unless the contrary is proved, that the accused has committed such offence. 7 17. Protection of action taken in good faith .(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. (2) No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. 18. Powers of investigating officers to seize or attach property .(1) Where any officer, referred to in section 6, while conducting an inquiry or investigation has a reason to believe that any property, movable or immovable, or both, is relatable to the commission of the offence in relation to which such inquiry or investigation is being conducted, is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practi cable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on t he person concerned. (2) Any order made under sub -section ( 1) shall have no effect unless the said order is confirmed by an order of the Designated Court, within a period of forty -eight hours of its being made. (3) The Designated Court may either confirm o r revoke the order of seizure or attachment referred to in sub -section ( 2). (4) Notwithstanding the confirmation of the order by the Designated Court under sub -section ( 3), any person aggrieved by the order of attachment made under sub -section ( 1), may make an application to the Designated Court for revocation of said order within a period of thirty days from the date of confirmation of the order under sub -section ( 3). 19. Confiscation and forfeiture of property .Where any order is made by the Designate d Court under section 4 for confiscation of movable or immovable property or both, of the accused, then, such property shall stand forfeited to the Government free from all encumbrances: Provided that the Designated Court may, during the period of such tri al, order that all or any of the properties, movable or immovable, or both, belonging to the accused be attached, and in case such trial ends in conviction, then, the property so attached shall stand forfeited to Government free from all encumbrances. 20. General power to make rules .(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before ea ch 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 sess ions 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 s uch modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 21. Repeal and savings .(1) The Anti -Hijacking Act, 1982 (65 of 1982) is hereby repealed. (2) The repeal of the said Act shall not affec t (a) the previous operation of, or anything duly done or suffered under, or any action taken or purported to have been done or taken including any notification, order or notice made or issued, or any appointment, confirmation or declaration made or any a uthorisation granted or any document or instrument executed or any direction given, under the Act so repealed, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisio ns of this Act; or (b) any right, privilege or obligation or liability acquired, accrued or incurred under the said Act; or 8 (c) any penalty, forfeiture or punishment incurred in respect of any offence under the said Act; or (d) any investigation, legal pro ceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and, any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfei ture or punishment may be imposed as if the said Act had not been repealed. AMENDMENT 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SEC. 3(i)] MINISTRY OF CIVIL AVIATION NOTIFICATION New Delhi, the 5th July, 2017 G.S.R. 828(E). In exercise of the powers conferred by sub-section (1) of section 20 of the Anti-Hijacking Act, 2016 (30 of 2016), the Central Government hereby makes the following rules, namely:- 1. Short title, and commencement.- (1) These rules may be called the Anti-Hijacking Rules, 2017. (2) They shall come into force on the date of commen cement of the Anti-Hijacking Act, 2016 (30 of 2016). (3) They extend to the whole of India and apply (unless the contrary intention appears), (a) to persons on aircraft registered in India wherever they may be; (b) to persons on all aircrafts which are in or over India for the time being. (4) These rules shall also apply to aircraft registered in a Convention country and operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business, or, if he has no such place of business, his permanent residence in India. (5) The extent of application of these rules to the aircraft referred in sub-rule (4) shall be as per the agreement between the Government of India and the Convention country. 2. Nationality of aircraft .-An aircraft shall be deemed to possess the nationality of the State on the register of which it is entered. 3. Definitions.- (1) In these rules, unless th e context otherwise requires,- (a) Act means the Anti-Hijacking Act, 2016 (30 of 2016); (b) Designated Court means the Court specified under section 8 of the Anti-Hijacking Act, 2016; (c) Special Court means the Special Court constituted under section 11 or under section 22 of the National Investigation Agency Act, 2008, as the case may be. (2) The words and expressions used in these rules and not defined, but defined in the Act shall have the meanings respectively assigned to them in the Act. 4. Inspection.- (1) Any person, authorised by the Central Government by notification, or through a specific or special order in writing in this behalf, may at all reasonable times, enter any place to which access is necessary to inspect and carry out investigation, and inspect documents or records to verify for the purpose of investigation. Hkkx II[k.M 3 (i) Hkkjr dk jkti=k % vlk/kj.k 3 (2) The person so authorised, shall have access to any part of the aerodrome or any other facility, including equipment, records, documents and shall have co-operation from all concerned authorities in conducting the investigation as referred in sub-rule (1). [ F. No. AV.11012/11/2016-AS ] USHA PADHEE, Jt Secy. Uploaded by Dte. of Printing at Government of In dia Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

THE ARMY ACT, 1950 ACT NO. 46 OF 19501 [20th May , 1950.] An Act to consolidate and amend the law relating to the Government of the regular Army. BE it enacted by Parliament as follows: CHAPTER I PRELIMINARY 1. Short title and commencement .(1) This Act may be called the Army Act, 1950. (2) It shall come into force on su ch date2 as the Central Government may, by notification in the Official Gazette, appoint in this behalf. 2. Persons subject to this Act .(1) The following persons shall be subject to this Act wherever they may be, namely: (a) officers, junior commissioned officers and warrant officers of the regular Army; (b) persons enrolled under this Act; (c) persons belonging to the Indian Reserve Forces; (d) persons belonging to the Indian Supplementary Reserve Forces when called out for service or when carrying out t he annual test; (e) officers of the Territorial Army, when doing duty as such officers, and enrolled persons of the said Army when called out or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this Act to such persons under sub-section ( 1) of section 9 of the Territorial Army Act, 1948 (56 of 1948) . (f) persons holding commissions in the Army in India Reserve of Officers, when ordered on any duty or service f or which they are liable as members of such reserve forces; (g) officers appointed to the Indian Regular Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces; 3* * * * * (i) persons not otherwise subject to military law who, on active service, in camp, on the march or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any po rtion of, the regular Army . (2) Every person subject to this Act under clauses ( a) to 4[(g)] of sub -section ( 1) shall remain so subject until duly retired, dis charged, released, removed, dismissed or cashiered from the service. 3. Definition s.In this Act, unless the context otherwise requires, (i) active service , as applied to a person subject to this Act, means the time during which such person (a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or 1. This Act has been extended to -Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch edule (w.e.f. 31 -1- 1963) ; Assam Rifles as modified by S.R.O. 318, dated 6 -12-1962, see Gazette of India, Pa rt II, s. 4, page 223. N.P. Pondicherry vide Reg. 7 of 1963, s. 3 and Sch edule I (w.e.f. 1 -10- 1963). And brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1 -7-1965). 2. 22nd July, 1950, vide notification No . S.R.0 120, dated the 22nd July, 1950, see Gazette of India, P art II, s. 4. 3. Omitted by the Adaptation of law s (No. 3) Order , 1956. 4. Subs. ibid., for clause (h). 9 (b) is eng aged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c) is attached to or forms part of a force which is in military occupation of a foreign country; (ii) civil offence means an off ence which is triable by a Criminal Court; (iii) civil prison means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894) , or under any other law for the tim e being in force ; 1[(iv) Chief of the Army Staff , means the officer commanding the regular Army;] (v) commanding officer , when used in any provision of this Act, with reference to any separate portion of the regular Army or to any department thereof, means the officer whose duty it is under the regulations of the regular Army,or in the absence of any such regulations, by the custom of the service, to discharge with respect to that portion of the regular Army or that department, as the case may be, the functions of a commanding officer in regard t o matters of the description referred to in that provision; (vi) corps means any separate body of persons subject to this Act, which is prescribed as a corps for the purposes of all or any of the provisions of this Act; (vii) court -martial means a cour t-martial held under this Act; (viii)Criminal Court means a Court of ordinary crimina l justice in any part of India 2*** ; (ix) department includes any division or branch of a department; (x) enemy includes all armed mutineers, armed rebels, armed r ioters, pirates and any person in arms against whom it is the duty of any person subject to military law to act ; (xi) the Forces means the regular Army, Navy and Air Force or any part of any one or more of them; (xii) junior commissioned officer means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular Army or the Indian Reserve Forces, and includes a person holding a junior commission in the Indian Supplementary Reserve Forces , or the Territorial Army, 3* * * who is for the time being subject to this Act ; (xiii) military custody means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody; (xiv) military reward includes any gratuity or ann uity for long service or good conduct, good service pay or pension, and any other military pecuniary reward; (xv) non-commissioned officer means a person holding a non -commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a non - commissioned officer or acting non -commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army 4* * *, who is for the time being subject to this Act; (xvi) notification means a notification published in the Official Gazette; (xvii) offence means any act or omission punishable under this Act and includes a civil offence as hereinbefore defined; (xviii) officer means a person commissioned, gazetted are in pay as an officer in the regular Army, and includes (a) an officer of the Indian Reserve Forces; 1. Subs. by Act 19 of 1955 , s. 2 and the Schedule , for clause ( iv). 2. The words other t han the State of Jammu and Kashmir omitted by Act 13 of 1975, s. 3 (w.e.f. 25 -1-1975). 3. The words and letter or a junior or equivalent commission in the land forces of a Part B State omitted by the Adaptation of Laws (No. 3) Order , 1956. 4. The words and letter or the land forces of a Part B State omitted, ibid. 10 (b) an officer holding a commission in the Territorial Army granted by the President with designation of rank corresponding to that of an officer of the regular Army who is for the time being s ubject to this Act; (c) an officer of the Army in India Reserve of Officers who is for the time being subject to this Act; (d) an officer of the Indian Regular Reserve of Officers who is for the time being subject to this Act; 1* * * * * (f) in rela tion to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the Navy or Air Force; but does not include a junior commissioned officer, warrant officer, petty officer or non - commissioned officer; (xix) presc ribed means prescribed by rules made under this Act; (xx) provost -marshal means a person appointed as such under section 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf; (xxi) regular Army means officers, junior commissioned officers, warrant officers, non - commissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise, are liable to warrant, terms of enrolment or otherwise , are liable to Union in any part of the world, including persons belonging to the Reserve Forces and the Territorial Army when called out on permanent service; (xxii) regulation includes a regulation made under this Act; (xxiii) superior officer , when used in relation to a person subject to this Act, includes a junior commissioned officer, warrant officer and a non -commissioned officer, and, as regards persons placed under his orders, an officer, warrant officer, petty officer and non -commissioned offi cer of the Navy or Air Force; (xxiv) warrant officer means a person appointed, gazetted or in pay as a warrant officer of the regular Army or of the Indian Reserve Forces, and includes a warrant officer of the Indian Supplementary Reserve Forces o r of th e Territorial Army 2* * * who is for the time being subject to this Act; (xxv) 3[all words (except the word India )] and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings as signed to them in that Code. CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES 4. Application of Act to certain forces under Central Government .(1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India under the auth ority of that Government, 4* * * and suspend the operation of any other enactment for the time being applicable to the said force. (2) The provisions of thi s Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the regular Army the same or equivalent rank as the aforesaid persons hold for the time being in t he said force. 1. Omitted by the Adaptation of Laws (No. 3) Order , 1956. 2. The words and letter or the land forces of a Part B State omitted, ibid. 3. Subs. by Act 13 of 1975, s. 3 , for all words (w.e.f. 25 -1- 1975). 4. The words including any force maintained by a Part B State omitt ed by the Adaptation of Laws (No. 3) Order , 1956. 11 (3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by or are in the service of or are followers of or accompany any portion of the said force as they have effect in respect of per sons subj ect to this Act under 1[clause ( i) of sub -section ( 1) of section ( 2)]. (4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or d uties incident to the operation of these provisions shall be exercised or performed in respect of the said force. 5. [Application of Act to forces of Part B States .] Omitted by the Adaptation of Laws (No. 3) Order , 1956. 6. Special provision as to rank in certain cases .(1) The Central Government may, by notification, direct that any persons or class of pers ons subject to this Act under 1[clause ( i) of sub -section ( 1) of section 2] shall be so subject as officers, junior commissioned officers, warra nt officers or non-commissioned officers and may authorise any officer to give a like direction and to cancel such direction. (2) All persons subject to this Act other than officers, junior commissioned officers, warrant officers and non -commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub -section ( 1) is in force, be deemed to be of a rank inferior to that of a non -commissioned officer. 7. Commanding officer of persons subject to mi litary law under clause ( i) of section 2. (1) Every pe rson subject to this Act under 1[clause ( i) of sub -section ( 1) of section 2] shall, for the purposes of this Act, be deemed to be under the commanding officer of the corps, department of detachment, if any, to which he is attached, and, if he is not so attached, under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person for the time being is serving, or any oth er prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force. (2) An officer commanding a force shall not place a pe rson subject to this Act under 1[clause ( i) of sub-section ( 1) of secti on 2] under the command of an officer of rank inferior to that of such person, if there is present at the place where such person is any officer of a higher rank under whose command he can be placed. 8. Officers exercising powers in certain cases. (1) When ever persons subject to this Act are serving under an officer commanding any military organisation, not in this section specifically named and being in the opinion of the Central Government not less than a brigade, that Government may prescribe the officer by whom the powers, which under this Act may be exercised by officers commanding armies, army corps, divisions and brigades, shall, as regards such persons, be exercised. (2) The Central Government may confer such powers, either absolutely or subject to such restrictions, reservations, exceptions and conditions, as it may think fit. 9. Power to declare persons to be on active service .Notwithstanding anything contained in clause ( i) of section 3, the Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act. CHAPTER III COMMISSION, APPOINTMENT AND ENROLMENT 10. Commission and appointment .The President may grant, to such person as he thinks fit, a commission as an officer, or as a junior commissioned officer or appoint any person, as a war rant officer of the regular Army. 1

as an officer, or as a junior commissioned officer or appoint any person, as a war rant officer of the regular Army. 11. Ineligibility of aliens for enrolment .No person who is not a citizen of India shall, except with the consent of the Central Government signified in writing, be enrolled in the regular Army: 1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule , for clause ( i) of section 2. 12 Provided that nothing cont ained in this section shall bar the enrolment of the subjects of Nepal in the regular Army. 12. Ineligibility of females for enrolment or employment .No female shall be eligible for enrolment or employment in the regular Army, except in such corps, departm ent, branch or other body forming part of, or attached to any portion of, the regular Army as the Central Government may, by notification in the Official Gazette, specify in this behalf: Provided that nothing contained in this section shall affect the prov isions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the regular Army ,or any branch thereof in which females are eligible for enrolment or employment. 13. Procedure before enrolling officer .Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he i s to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question, he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question. 14. Mode of enrolment .If, after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall ther eupon be deemed to be enrolled. 15. Validity of enrolment .Every person wh o has for the space of three months been in receipt of pay as a person enrolled under this Act and been borne on the rolls of any corps or department shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever ; and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregu larity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceeding, act or thing taken or done prior to his discharge. 16. Persons to be attest ed.The following persons shall be attested, namely: (a) all persons enrolled as combatants ; (b) all persons selected to hold a non -commissioned or acting non -commissioned rank; and (c) all other persons subject to this Act as may be prescribed by the Cen tral Government. 17. Mode of attestation .(1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding of ficer in front of his corps or such portion thereof or such members of his department as may be present, or by any other prescribed person. (2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be atte sted will bear true allegiance to the Constitution of India as by law established, and that he will serve in the regular Army and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the per il of his life. (3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation. CHAPTER IV CONDITIONS OF SERVICE 18. Tenure of service under the Act. Every person subject to this Act shall hold office during the pleasure of the President. 19. Termination of service by Central Government .Subject to the provisions of this Act and the rules and regulations made thereunder the Central Government may dismiss, or remove from the service, any person subject to this Act. 13 20. Dismissal, removal or reduction by the Chief of the Army Staff and by other officers .(1) 1[The Chief of the Army Staff ] may dismiss or remove from the service any person subject to this Act other than an officer. (2) 1[The Chief of the Army Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non -commissioned officer. (3) An officer having p ower not less than a brigade or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a junior commissioned officer. (4) Any such officer as is mentioned in sub -section ( 3) may reduce to a lower grade or rank or the ranks, any warrant officer or any non -commissioned officer under his command. (5) A warrant officer reduced to the ranks under this section shall not, however, be required to serve in the ranks as a sep oy. (6) The commanding officer of an acting non -commissioned officer may order him to revert to his permanent grade as a non -commissioned officer, or if he has no permanent grade above the ranks, to the ranks. (7) The exercise of any power under this secti on shall be subject to the said provisions contained in this Act and the rules and regula tions made thereunder. 21. Power to modify certain fundamental rights in their application to persons subject to this Act.Subject to the provisions of any law for the time being in force relating to the regular Army or to any branch thereof, the Central Government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this Act (a) to be a m ember of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations ; (b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes ; (c) to communicate with the press or to publish or cause to be published any book, letter or other document. 22. Retirement, release or discharge .Any person subject to this Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed . 23. Certificate on termination of service .Every junior commissioned officer, warrant officer, or enrolled pers on who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the English language setting forth (a) the authority terminating his service ; (b) the cause for such termination ; and (c) the full period of his service in the regular Army. 24. Discharge or dismissal when out of India .(1) Any person enrolled under this Act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged, be sent to Indi a with all convenient speed. (2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed. 1 Subs. by Act 19 of 1955, s. 2 and the Schedule , for The Commander -in-Chief . 14 (3) Where any such person as is mentioned in sub-section ( 2) is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of transportation or imprisonment, a portion of such sentence may be inflicted before he is sent to India. (4) For the purpos es of thi s section, the word discharge shall include re lease, and the word dismissal shall include removal. CHAPTER V SERVICE PRIVILEGES 25. Authorised deductions only to be made from pay .The pay of every person subject to this Act due to him as such under any regulation for the time being in force shall be paid without any deduction other than the deductions authorised by or under this or any other Act. 26. Remedy of aggrieved persons other than officers .(1) Any person subject to this Act other than an officer who deems himself wronged by any superior or other officer may, if not attached to a troop or company, complain to the officer under whose command or orders he is serving ; and may, if attached to a troop or company, complain to the officer comma nding the same. (2) When the officer complained against is the officer to whom any complaint should, under sub-section ( 1), be preferred, the aggrieved person may complain to such officer s next superior officer. (3) Every officer receiving any such complaint shall make as complete an investigation into it as may be poss ible for giving full redress to the complainant; or, when necessary, refer the complaint to superior authority. (4) Every such complaint shall be preferred in such manner as may f rom time to time be specified by the proper authority. (5) The Central Governm ent may revise any decision by 1[the Chief of the Army Staff] under sub-section ( 2), but, sub ject thereto, the decision of 1[the Chief of the Army Staff ] shall b e final. 27. Remedy of aggrieved officers. Any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled , may complain to the Central Government in such manner as may from time to time be specified by the proper authority. 28. Immunity from attachment .Neither the arms, clothes, equipment, accoutrements or necessaries of any person subject to this Act, nor a ny animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court or any revenue officer in satisfaction of any decree or or der enforceable against him. 29. Immunity from arrest for debt .(1) No person subject to this Act shall, so long as he belongs to the Forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. (2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section and may, by warrant under his hand, d ischarge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. (3) For the recovery of such costs no court -fee shall be payable by the complainant. 30. Immunity of persons attending courts -martial from arrest .(1) No presiding officer or member of a court -martial, no judge advocate, no party to any proceeding before a court -martial, or his legal practitioner o r agent, and no witness acting in obedience to a summons to attend a court -martial 1. Subs. by Act 19 of 1955, s. 2 and the schedule for the Commander -in-Chief . 15 shall, while proceeding to, attending or returning from, a court -martial, be liable to arrest under civil or revenue process. (2) If any such person is arrested under any su ch process, he may be discharged by order of the court - martial. 31. Privileges of reservists .Every person belonging to the Indian Reserve Forces shall, when called out for or engaged in or returning from, training or service, be entitled to all the privi leges accorded by sections 28 and 29 to a person subject to this Act. 32. Priority in respect of army personnel s litigation .(1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate from the proper military a uthority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for th e hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. (2) The certificate from the proper military authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for. (3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority fo r the hearing of his case. (4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, a nd shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself. (5) If in any case a question arises as to the proper military aut hority qualified to grant such certificate as aforesaid, such question shall at once be referred by the court to an officer having power not less than a brigade or equivalent commander whose decision shall be final. 33. Saving of rights and privileges unde r other laws .The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force. CHAPTER VI OFFENCES 34. Offences in relation to the enemy and punishable with death. Any person subject to this Act who commits any of the following offences, that is to say, (a) shamef ully abandons or delivers up any garrison, fortress, post, place or guard, commi tted to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts ; or (b)

to compel or induce any commanding officer or other person to commit any of the said acts ; or (b) inten tionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or (c) in the presence of the enemy, shamefully casts a way his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice ; or (d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the Union; or (e) directly or indirectl y ass ists the enemy with money, arms , ammunition, stores or supplies; or (f) treacherously or through cowardice sen ds a flag of truce to the enemy ; or 16 (g) in time of war or during any military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to creat e alarm or despondency ; or (h) in time of action leaves his commanding officer or his post, guard, picquet, patrol or party without being regu larly relieved or without leave ; or (i) having bee n made a prisoner of war, voluntarily serves with or aids the enemy ; or (j) knowingly harbours or protect s an enemy not being a prisoner ; or (k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or (l) knowingly does any act c alculated to imperil the success of the military, naval or air forces of India or any forces co -operating therewith or any part of such forces; shall, on conviction by court -martial, be liable to suffer death or such less punishment as is in this Act menti oned. 35. Offences in relation to the enemy and not punishable with death .Any person subject to this Act who commits any of the following offences, that is to say, (a) is taken prisoner, by want of due precaution, or through disobedience of orders, or wi lful neglect of duty, or having been taken prisoner, fails to rejoin his se rvice when able to do so; or (b) without due authority holds correspondence with or communicates intelligence to the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commanding or other superior officer; or (c) without due authority sends a flag of truce to the enemy; shall, on conviction by court -martial, be liable to suffer imprisonment for a term wh ich may extend to fourteen years or such less punishment as is in this Act mentioned. 36. Offences punishable more severely on active service than at other times .Any person subject to this Act who commits any of the following offences, that is to say, (a) forces a safeguard, or forces or uses criminal force to a sentry ; or (b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is intoxicated; or (d) without orders from his superior officer leaves his guard, picquet, patrol or post ; or (e) intentionally or through neglect occasions a false alarm in camp, garrison, or quarters ; or spreads reports calculated to create unnece ssary alarm or despondency ; or (f) makes known the parole, watchword or counter sign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersign different from what he received ; shall, on conviction by court -martial, if he commits any such offence when on active service, be liable to suffer impriso nment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such les s punishment as is in this Act mentioned. 37. Mutiny .Any person subject to this Act who commits any of the following offences, that is to say, (a) begins, incites, causes, or conspires with any other persons to cause any mutiny in the military, naval or air forces of India or any forces co-operating therewith ; or (b) joins in any such mutiny; or (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or 17 (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or (e) endeavours to seduce any person in the military, naval. or air forces of India from his duty or allegiance to the Union; shall, on conviction by court -martial, be liable to suffer death or such less punishment as is in this Act mentioned. 38. Desertion and aiding desertion .(1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by court -martial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under a ny other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subje ct to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may ex tend to two years or such less punishment as is in this Act mentioned. 39. Absence without leave .Any person subject to this Act who commits any of the following offences, that is to say, (a) absents himself without leave; or (b) without sufficient cause overstays leave granted to him; or (c) being on leave of absence and having received information from proper authority that any corps, or portion of a corps, or any department, to which he belongs, has been ordered on active service, fails, without suffici ent cause, to rejoin without delay ; or (d) without sufficient cause fails to appear at the time fixed at the parade or place appoint ed for exercise or duty ; or (e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march ; or (f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer ; or (g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there; shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. 40. Striking or threatening superior officers .Any person subject to this Act who commits any of the following offences, that is to say, (a) uses criminal force to o r assaults his superior officer ; or (b) uses threatening lang uage to such officer ; or (c) uses insubord inate language to such officer; 18 shall, on conviction by court -martial, if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this A ct mentioned: Provided that in the case of an offence specified in clause ( c), the imprisonment shall not exceed five years. 41. Disobedience to superior officer .(1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance o f authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise shall on conviction by court - martial, be liable to suffer imprisonment for a t erm which may extend to fourteen years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who disobeys any lawful com mand given by his superior officer shall, on conviction by court - martial, if he commits such offence when on active service, be liable to suffer imprisonment fo r a term which may extend to fourteen years or such less punishm ent as is in this Act mentioned ; and if he commits such offence when not on active service, be liable to suffer imprisonment for a te rm which may extend to five years or such less punishment as is in this Act mentioned. 42. Insubordination and obstruction .Any person subject to this Act who commits any of the following offences, that is to say, (a) being concerned in any quarrel, affra y, or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer ; or (b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or (c) resists an escort whose duty it is to apprehe nd him or to have him in charge ; or (d) breaks ou t of barracks, camp or quarters ; or (e) neglects to obey any general, local or other order; or (f) impedes the provost -marshal or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a provost -marshal or any perso n lawfully acting on his behalf ; or (g) uses criminal force to or assaults any person bringing provi sions or supplies to the forces ; shall, on conviction by court -martial , be liable to suffer imprison ment for a term which may extend, in the case of the offences specified in clauses ( d) and ( e) to two years, and in t he case of the offences specified in the other clauses to ten years , or such less punishment as is in this Act mentioned. 43. Fraudulent enrolment . Any person subject to this Act who commits any of the following offences, that is to say, (a) without havi ng obtained a regular discharge from the corps or department to which he belongs, or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the same or any other corps or department or any part of the naval or air f orces of India or the Territorial Army; or (b) is concerned in the enrolment in any part of the Forces of any person when he knows o r has reason to believe such person to be so circumstanced that by enrolling he comm its an offence against this Act ; 19 shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. 44. False answers on enrolment . Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. 45. Unbecoming conduct .Any officer, junior commissioned officer or warrant officer who behaves in a manner unbec oming his position and the character expected of him shall, on conviction by court -martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and, if he is a junior commissioned officer or a warra nt officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned. 46. Certain forms of disgraceful conduct .Any person subject to this Act who commits any of the following offences, that is to say, (a) is guilty of any d isgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or (c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person ; shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. 47. Ill-treating a subordinate .Any officer, junior commissioned officer, warrant officer or non - commissioned officer who uses criminal force to or otherwise illtreats any person subject to this Act, being his subordinate in rank or position, shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. 48. Intoxication .(1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by court -martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act menti oned ; and, if he is not an officer, be liable, subject to the provisions of sub -section ( 2), to suffer imp risonment for a term which may extend to two years or such less punishment as is in this Act mentioned. (2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of impris onment awarded shall not exceed six months. 49. Permitting escape of person in custody . Any person subject to this Act who commits any of the following offences, that is to say, (a) when in command of a guard, picquet, patrol or post, releases without pr oper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or (b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard ; shall, on conviction by court -martial, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he h as not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. 50. Irregularity in connection with arrest

which may extend to two years or such less punishment as is in this Act mentioned. 50. Irregularity in connection with arrest or confinement .Any person subject to this Act who commits any of the fol lowing offences, that is to say, (a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the pro per authority for investigation ; or 20 (b) having committed a person to military custody fail s without reasonable cause to d eliver at the time of such com mittal, or as soon as practicable, and in any case within forty -eight hours. thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged; shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. 51. Escape from custody . Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in t his Act mentioned. 52. Offences in respect of property .Any person subject to this Act who commits any of the following offences, that is to say, (a) commits theft of any property belonging to the Government, or to any military, naval or air force mess, b and or institution, or to any person subject to m ilitary, naval or air force law ; or (b) dishonestly misappropriates or converts to his own use any such property; or (c) commits criminal breach of trust in respect of any such property; or (d) dishonestly r eceives or retains any such property in respect of which any of the offences under clauses ( a), (b) and ( c) has been committed, knowing or having reason to believe the commission of such offence; or (e) wilfully destroys or injures any property of the Gove rnment entrusted to him ; or (f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; shall, on conviction by court -martia l, be liable to suffer imprison ment for a term which may extend to ten years or such less punishment as is in this Act mentioned. 53. Extortion and corruption .Any person subject to this Act who commits any of the following offences, that is to say, (a) commits extortion; or (b) without proper authority exacts from any p erson money, provisions or service ; shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. 54. Making away with equipment .Any person subject to this Act who commits any of the following offences, that is to say, (a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments. tools, clothing or any other thing being the property of the Government issued to h im for his use or entrusted to him; or (b) loses by neglect anything mentioned in clause ( a); or (c) sells, pawns, destroys or defaces any medal or decoration granted to him; shall, on conviction by court -martial, be liable to suffer imprisonment for a te rm which may extend in the case of the offences specified in clause ( a) to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this Act mentioned. 55. Injury to property .Any person subj ect to this Act who commits any of the following offences, that is to say, (a) destroys or injures any property mentioned in clause ( a) of section 54 or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to, the regular Army; or 21 (b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or (c) kills, injures, makes away with, ill -treats or loses any, animal entrusted to him; shall, on conviction by court -martial, be liable, if he has acted wil fully, to suffer imprisonment for a term which may extend to fourteen years or such less punishm ent as is in this Act mentioned ; and if he has acted w ithout reasonable excuse, to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. 56. False accusations .Any person subject to this Act who commits any of the following offences, that is to say , (a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false ; or (b) in making a complaint under section 26 or section 27 makes any statement affecting the character of any person s ubject to this Act, knowing or having reason to believe such statement to be false or knowingly and wilfully suppresses any material facts; shall, on conviction by court -martial be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. 57. Falsifying official documents and false declaration .Any person subject to this Act who commits any of the following offences, that is to say, (a) in any report, return, list, certificate, book or othe r document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of any false or fraudulent statement; or (b) in any document of the description mentioned in clause ( a) knowi ngly makes, or is privy to the making of, any omission, with intent to defraud ; or (c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his dut y to preserve or produce ; or (d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or (e) obtains for himself, or for any other person, any pension, allowance or other advanta ge or privilege by a state ment which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record or by making any document containing a false statement, or by omitting to make a true e ntry or docum ent containing a true statement ; shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned. 58. Signing in blank and failure to rep ort.Any person subject to this Act who commits any of the following offences, that is to say, (a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any, property of the Government fraudulently leaves in blank any material part for w hich his signature is a voucher ; or (b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send ; shall, on conviction by court -martial, be liabl e to suffer imprison ment f or a term which may extend to seven years or such less punishment as is in this Act mentioned. 22 59. Offences relating to courts -martial .Any person subject to this Act who commits any of the following offences, that is to say, (a) being duly summoned or or dered to attend as a witness before a court martial, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a court -martial to be taken or mad e; or (c) refuses to produce or deliver any document in his power or control legally required by a court - martial to be produced or delivered by him; or (d) refuses when a witness to answer any question which he is by law bound to answer ; or (e) is guilty of contempt of court -martial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court; shall, on conviction by court -martial , be liable to suffer imprison ment for a term which may extend to three years or such less pun ishment as is in this Act mentioned. 60. False evidence .Any person subject to this Act who, having been duly sworn or affirmed before any court -martial or other court competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentio ned. 61. Unlawful detention of pay .Any officer, junior commissioned officer, warrant officer or non - commissioned officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, shall, on convict ion by court - martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. 62. Offences in relation to aircraft and flying .Any person subject to this Act who commits any of the fol lowing offences, that is to say, (a) wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the Government: or (b) is guilty of any act or neglect likely to cause such damage, destruction or loss ; or (c) without lawful authority disposes of any aircraft or aircraft material belonging to the Government; or (d) is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person ; or (e) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral St ate of any aircraft, belonging to the Government; shall, on conviction by court -martial, be liable, if he has acted wil fully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. 63. Violation of good order and discipline .Any person subject to this Act who is guilty of any act or omission which, tho ugh not specified in this Act, is prejudicial to good order and military discipline shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. 64. Miscellaneous offences .Any person subject to this Act who commits any of the following offences, that is to say, (a) being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or 23 market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report t he case to the proper authority ; or (b) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person; or (c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or (d) being below the rank of warrant officer, when off duty, ap pears without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or (e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or (f) commi ts any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving; shall, on conviction by court -martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishme nt as is in this Act mentioned. 65. Attempt .Any person subject to this Act who attempts to commit any of the offences specified in sections 34 to 64 inclusive and in such attempt does any act towards the commission of the offence, shall, on conviction by court -martial, where no express provision is made by this Act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such le ss punishment as is in this Act mentioned; and if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one -half of the longest term provided for that offence or such less punishment as is in this Act mentioned. 66. Abetment of offences that have been committed .Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 64 inclusive shall, on conviction by court - martial, if the Act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned. 67. Abetment of offences punishable with death and not committed .Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 34, 37 and sub-section ( 1) of section 38 shall, on conviction by court - martial, if that o ffence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this A ct mentioned. 68. Abetment of offences punishable with imprisonment and not committed .Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 64 inclusive and punishable with imprisonment shall, on convic tion by court -martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one -half of the longes t term provided for that offence or such less punishment as is in this Act mentioned. 69. Civil

half of the longes t term provided for that offence or such less punishment as is in this Act mentioned. 69. Civil offences .Subject to the provisions of section 70, any person subject to this Act who at any place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be tried by a court -martial and, on conviction, be punishable as follows, that is to say, (a) if the offence is one which would be punishable unde r any law in force in India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and 24 (b) in any other case, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned. 70. Civil offence not triable by court -martial .A person subject to this Act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be tried by a court -martial, unless he commits any of the said offences (a) while on active service, or (b) at any place outside India, or (c) at a frontier post speci fied by the Central Government by notification in this behalf. 1* * * * * CHAPTER VII PUNISHMENTS 71. Punishments awardable by courts -martial .Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicte d by courts -martial, according to the scale following, that is to say, (a) death; (b) transportation for life or for any period not less than seven years; (c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years; (d) cashie ring, in the case of officers; (e) dismissal from the service; (f) reduction to the ranks or to a lower rank or grade or place in the list of their rank, in the case of warrant officers; and reduction to the ranks or to a lower rank or grade, in the case o f non - commissioned officers: Provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as a sepoy; (g) forfeiture of seniority of rank, in the case of officers, junior commissioned officers, warrant officers and non -commissioned officers; and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service; (h) forfeiture of service for the purpose of increased pay, pension or any oth er prescribed purpose; (i) severe reprimand or reprimand, in the case of officers, junior commissioned officers, warrant officers and non -commissioned officers; (j) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service; (k) forfeiture in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal; (l) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. 1. The Explanation omitted by Act 13 of 1975, s. 3 (w.e.f. 25-1-1975). 25 72. Alternative punishments awardable by court -martial .Subject to the provisions of this Act, a court -martial may, on convicting a person subje ct to this Act of any of the offences specified in sections 34 to 68 inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out in section 71, regard being had to the nature and degree of the offence. 73. Combination of punishments .A sentence of a court -martial may award in addition to, or without any one other punishment, the punishment specified in clause ( d) or clause ( e) of section 71 and any one or more of the punishments specified in clauses ( f) to ( l) of that section. 74. Cashiering of officers .An officer shall be sentenced to be cashiered before he is awarded any of the punishments specified in clauses ( a) to ( c) of section 71. 75. [Field punishment .] Omitted by the Army (Amendment ) Act, 1992 (37 of 1992 ), s. 2 (w.e.f. 6-9-1992). 76. [Position of Field punishment in scale of punishments .] Omitted by the Army (Amendment ) Act, 1992 (37 of 1992 ), s. 2 (w.e.f. 6-9-1992). 77. Result of certain punishments in the case of a warrant officer or non -commissioned officer .A warrant officer or a non - commissioned officer sentenced by a court -martial to tr ansportation, imprisonment, 1* * * or dismissal from the service, shall be de emed to be reduced to ranks. 78. Retention in the ranks of a person convicted on active service .When, on active service, an y enrolled person has been sen tenced by a court -martial to dismissal, or to transportation or imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of transportation or imprisonment, if any. 79. Punishments otherwise than by court -martial .Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a court -martial and in the manner stated in sections 80, 83, 84 and 85. 80. Punishment of person s other than officers, junior commissioned officers and warrant officers .Subject to the provisions of section 81, a commanding officer or such other officer as is, with the consent of the Ce ntral Government, specified by 2[the Chief of the Army Staff], ma y, in the prescribed manner, proceed against a p erson subject to this Act other wise than as an officer, junior commissioned officer or warrant officer who is charged with an offence under this Act and award such person, to the extent prescribed, one or mo re of the following punishments, that is to say, (a) imprisonment in military custody up to twenty -eight days; (b) detention up to twenty -eight days; (c) confinement to the lines up to twenty -eight days; (d) extra guards or duties ; (e) deprivation of a position of the nature of an appointment or of corps or working pay, and in the case of non -commissioned officers, also deprivation of acting rank or reduction to a lower grade of pay; (f) forfeiture of go od service and good conduct pay; (g) severe reprimand or reprimand ; (h) fine up to fourteen days pay in any one month; (i) penal deductions under clause ( g) of section 91 ; 3* * * * * 1. The words field punishment omitted by Act 37 of 1992, s. 3. 2. Subs. by Act 19 of 1955. s. 2 and Sch., for the Commander -in-Chief . 3. Omitted by Act 37 of 1992, s. 4. 26 81. Limit of punishments under section 80 .1* * * * *. (2) In the case of an award of two or more of the punishments specified in clauses ( a), (b), (c) and ( d) of the said section, the punishment specified in clause ( c) or clause ( d) shall take effect only at the end of the punishment specified in clause ( a) or clause ( b). (3) When two or more of the punishments specified in the said clauses ( a), (b) and ( c) are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate forty -two days. (4) The puni shments specified in clauses 2[(a), (b) and ( c)] of section 80 shall not be awarded to any person who is of the rank of non -commissioned officer or was, at the time of committing the offence for which he is puni shed, of such rank. (5) The punishment specified in clause ( g) of the said section shall not be awarded to any person below the rank of a non - commissioned officer. 82. Punishments in addition to those specified in section 80 .3[The Chief of the Army Staff ] may, with the consent of the Central Government, specify such other punishments as may be awarded under section 80 in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be award ed. 83. Punishment of officers, junior commissioned officers and warrant officers by brigade commanders and other s.An officer having power not less than a brigade, or an equivalent commander or such other officer as is, with the consent of the Ce ntral Gov ernment, specified by 3[the Chief of the Army Staff ] may in the prescribed manner, proceed against an officer below the rank of a field officer, a junior commissioned officer or a warrant officer, who is charged with an offence under this Act, and award on e or more of the following punishments, that is to say, (a) severe reprimand or reprimand; (b) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. 84. Punishment of officers, juni or commissioned officers and warrant officers by area commanders and others .An officer having power not less than an area commander or an equivalent commander or an officer empowered to convene a general court -martial or such other officer as is, with the consent of the Ce ntral Government, specified by 3[the Chief of the Army Staff] may, in the prescribed manner, proceed against an officer below the rank of lieutenant -colonel, a junior commissioned officer or a warrant officer, who is charged with an offen ce under this Act, and award one or more of the following punishments, that is to say, (a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a peri od not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a court -martial; (b) severe reprimand or reprimand; (c) stoppage of pay and allowances until any proved loss or damage occasioned by the o ffence of which he is convicted is made good. 85. Punishment of junior commissioned officers .A commanding officer or such other officer as is, with the consent of the Ce ntral Government, specified by 3[the Chief of the Army Staff] may, in the prescribed m anner, proceed against a junior commissioned officer who is charged with an offence under this Act 4[and award one or more of the following punishments, that is to say, (i) severe reprimand or reprimand; 1. Omitted by Act 37 of 1992, s. 5. 2. Subs. by s. 5, ibid., for (a), (b), (c) and ( j). 3. Subs. by Act 19 of 1955, s. 2 and the Schedule , for the Commander -in-Chief 4. Subs. by Act 37 of 1992, s. 6, for certain words. 27 (ii) stoppage of pay and allowances until any prove d loss or damage occasioned by the offence of which he is convicted is made good: Provided that the punishment specified in clause ( i) shall not be awarded if the commanding officer or such other officer is below the rank of Colonel] . 86. Transmission of p roceedings .In every case in which punishment has been awarded under any of the sections 83, 84 and 85, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior military au thority as defined in section 88. 87. Review of proceedings .If any punishment awarded under any of the sections 83, 84 and 85 appears to a superior military authority as defined in section 88 to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case. 88. Superior military authority .For the purpose of sections 86 and 87, a superior military authority means (a) in the case of punishment s awarded by a commanding officer, any officer superior in command to such commanding officer; (b) in the case of punishments awarded by any other authority, the Central Government, 1[the Chief of the Army Staff] or other officer specified by 1[the Chief o f the Army Staff] . 89. Collective fines .(1) Whenever any weapon or part of a weapon forming part of the equipment of a half squadron, battery, company or other similar unit is lost or stolen, the officer commanding the army, army corps, division or indep endent brigade to which such unit belongs may, after obtaining the report of a court of inquiry, impose a collective fine upon the junior commissioned officers, warrant officers, non -commissioned officers and men of such unit, or upon so many of them as, i n his judgment, should be held responsible for such loss or theft. (2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls. CHAPTER VIII PENAL DEDUCTIONS 90. Deductions from pay and allowances of officers .The followi ng penal deductions may be made from the pay and allowances of an officer, that is to say, (a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding offi cer and has been approved by the Central Government; (b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence for

b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence for which he is afterwards convicted by a criminal court or a court -martial or by an officer exercising authority under section 83 or section 84 ; (c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (d) any sum required to make good such compensation f or any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court - martial by whom he is convicted of such offence, or by an officer exercising authority under section 83 or section 84 ; (e) all pay an d allowances ordered by a court -martial 2* * * to be forfeited or stopped; 1. Subs. by Act 19 of 1955, s. 2 and the Schedule , for the Commander -in-Chief . 2. The words and figures or an officer exercising authority under section 85 omitted by Act 37 of 1992, s. 7. 28 (f) any sum required to pay a fine awarded by a criminal court or a court -martial exercisin g jurisdiction under section 69 ; (g) any sum required to make good any loss, damage, or de struction of public or regimental property which, after due investigation, appears to the Central Government to have been occasioned by the wrongful act or negligence on the part of the officer; (h) all pay and allowances forfeited by order of the Central Government if the officer is found by a court of inquiry constituted by 1[the Chief of the Army Staff ] in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy , through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his servic e whe n it was possible to do so ; (i) any sum required by order of the Central Governme nt 2[or any prescribed officers] to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Governm ent to the said wife or child. 91. Deductions from pay and allowances of persons other than officers .Subject to the provisions of section 94 the following penal deductions may be made from the pay and allowances of a person subject to this Act other than an officer, that is to say, (a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, a court -martial or an officer e xercising authority under section 80, 3***; (b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a court -martial, or on a charge of absence without leave for which he is afte rwards awarded imprisonment 4*** by an officer exercising authority under section 80; (c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him; (d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specifie d by order of the Central Government or such officer as may be specified by that Government; (e) all pay and allowances ordered by a court -martial or by an officer exercising authority under any of the sections 80, 83, 84 and 85, to be forfeited or stopped ; (f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy; (g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property as may be awarded by his commanding officer; (h) any sum required to, pay a fine awarded by a criminal court, a court -martial exercising jurisdiction under section 69, or an officer exercising authority under any of the sections 80 and 89; 1. Subs. by Act 19 of 1955, s. 2 and the Schedule , for the Commander - in-Chief . 2. Ins. by Act 37 of 1992, s. 7. 3. Certain words omitted by s. 8, ibid. 4. The words the field punishment omitted by s. 8, ibid. 29 (i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitima te or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child. 92. Computation of time of absence or custody .For the purposes of clauses ( a) and ( b) of section 91, (a) no person shall be trea ted as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards; (b) any absence or custody for less than a day may be reckoned as a bsence or custody for a day if such absence or custody prevented the absentee from fulfilling any military duty which was thereby thrown upon some other person; (c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody; (d) a period of absence, or imprisonment, which commences before, and ends after, midnight may be reckoned as a day. 93. Pay and allowances during trial .In the case of any person subject to this Act who is in custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the resul t of his trial on the charge against him, in order to give effect to the provisions of clause ( b) of sections 90 and 91. 94. Limit of certain deductions .The total deductions from the pay and allowances of a person made under clauses ( e), (g) to ( i) of sec tion 91 shall not, except where he is sentenced to dismissal, exceed in any one month one -half of his pay and allowances for that month. 95. Deduction from public money due to a person .Any sum authorised by this Act to be deducted from the pay and allowan ces of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension. 96. Pay and allowances of prisoner of war during inquiry into his conduct .Where the conduct of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into un der this Act or any other law, 1[the Chief of the Army Staff] or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry. 97. Remission of deductions .Any deduction from pay and allowances authorised by this Act may be remitted in such manner and to such extent, and by such authority, as may f rom time to time be prescribed. 98. Provision for dependants of prisoner of war from remitted deductions .In the case of all persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause ( h) of section 90 or clause ( a) of section 91, but in respect of whom a remission has been made under section 97, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such r emission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances. 99. Provision for dependants of prisoner of war from his pay and allowances .It shall be lawful for proper provision to be made by the presc ribed authorities for any dependants of any person subject to this Act who is a prisoner of war or is missing, out of his pay and allowances. 100. Period during which a person is deemed to be a prisoner of war .For the purposes of sections 98 and 99, a per son shall be deemed to continue to be a prisoner of war until the conclusion of 1. Subs . by Act 19 of 1955, s. 2 and the Schedule , for the Commander -in-Chief . 30 any inquiry into his conduct such as is referred to in section 96, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such c ashiering or dismissal. CHAPTER IX ARREST AND PROCEEDINGS BEFORE TRIAL 101. Custody of offenders .(1) Any person subject to this Act who is charged with an offence may be taken into military custody. (2) Any such person may be ordered into military custod y by any superior officer. (3) An officer may order into military custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder. 102. Duty of commanding officer in regard to detention .(1) It shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty -eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. (2) The case of every person being detained in custody beyond a period of forty -eight hours, and the reason thereof, shall be reported by the com manding officer to the general or other officer to whom application would be made to convene a general or district court - martial for the trial of the person charged. (3) In reckoning the period of forty -eight hours specified in sub -section ( 1), Sundays an d other public holidays shall be excluded. (4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in military custody, pending the trial by any competent authority for any offence committed by him. 103. Interval between commit tal and court -martial .In every case where any such person as is mentioned in section 101 and as is not on active service remains in such c ustody for a longer period than eight days, without a court -martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed, and a similar report shall be forwa rded at intervals of every eight days until a court - martial is assembled or such person is released from custody. 104. Arrest by civil authorities .Whenever any person subject to this Act, who is accused of any offence under this Act, is within the jurisd iction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to military custody of such person upon receipt of a written application to that effect signe d by his commanding officer. 105. Capture of deserters .(1) Whenever any person subject to this Act deserts, the commanding officer of the corps, department or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towa rds the capture of the deserter ; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter , when apprehended, into military custody. (2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law. 106. Inquiry into absence without leave .(1) When any person subject to this Act has been absent from his duty without due authority for a period of thirty days, a court of in quiry shall, as soon as practicable, be assembled, and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or 31 necessaries ; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof, and the said deficiency, if any, and the commanding officer of the corps or department to which the person belongs shall enter in the court -martial book of the corps or department a record of the declaration. (2) If the person declared absent does not aft erwards surr ender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. 107. Provost -marshals .(1) Provos t-marshals may be appointed by 1[the Chief of the Army Staff] or by any prescribed officer. (2) The duties of a pr ovost -marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the regular Army. (3) A provost -marshal may act any time arrest and deta in for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court -martial, or by an officer exercising authority under section 80 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. (4) For the purposes of sub -sections ( 2) and ( 3), a provost -marshal s hall be deemed to include a provost -marshal appointed under any law for the time being in force relating to the Government of the Navy or Air Force, and any person legally exercising authority under him or on his behalf. CHAPTER X COURTS -MARTIAL 108. Kinds of courts -martial .For the purposes of this Act there shall be four kinds of courts - martial, that is to say, (a) general courts

ial .For the purposes of this Act there shall be four kinds of courts - martial, that is to say, (a) general courts -martial; (b) district courts -martial; (c) summary general courts -martial; and (d) summary courts -martial. 109. Power to conven e a general court -martial .A general court - martial may be convened by the Central Government or 1[the Chief of the Army Staff ] or by any officer empowered in this beha lf by warrant of 1[the Chief of the Army Staff ]. 110. Power to convene a district cour t-martial .A district court - martial may be convened by an officer having power to convene a general court -martial or by any officer empowered in this behalf by warrant of any such officer. 111. Contents of warrants issued under sections 109 and 110 .A war rant issued under section 109 or section 110 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. 112. Power to convene a summary general court -martial .The following authorities shall have power to convene a s ummary general court -martial, namely, (a) an officer empowered in this behalf by an order o f the Central Government or of 1[the Chief of the Army Staff ]; (b) on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf; 1 Subs. by Act 19 of 1955, s. 2 and Sch edule , for the Commander -in-Chief . 32 (c) an officer commanding any detached portion of the regular Army on active service when, in his opinion, it is not practicable, with due regard to discipline and the exi gencies of the service, that an offence should be tried by a gener al court -martial. 113. Composition of general court -martial .A general court -martial shall consist of not less than five officers, each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of captain. 114. Composition of district court -martial .A district court -martial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years. 115. Composition of summary general court -martial .A summary general court -martial shall consist of not less than three officers. 116. Summary court -martial .(1) A summary court -martial may be held by the commanding officer of any corps, department or detachment of the regular Army, and he sh all alone const itute the court. (2) The proceedings shall be attended throughout by two other persons who shall be officers or junior commissioned officers or one of either, and who shall not as such, be sworn or affirmed. 117. Dissolution of courts -martial .(1) If a cou rt-martial after the commencement of a trial is reduced below the minimum number of officers required by t his Act, it shall be dissolved. (2) If, on account of the illness of the judge advocate or of the accused before the finding, it is impossible to cont inue the trial, a co urt-martial shall be dissolved. (3) The officer who convened a court -martial may dissolve such court -martial if it appears to him that military exigencies or the necessities of discipline render it impossible or inexpedient to c ontinue the said court -martial. (4) Where a court -martial is dissolved under this section, the accused may be tried again. 118. Powers of general and summary general courts -martial .A general or summary general court -martial shall have power to try any person subj ect to this Act for any offence punishable therein and to pass any sentence authorised thereby. 119. Powers of district courts -martial .A district court -martial shall have power to try any person subject to this Act other than an officer or a junior commis sioned officer for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death, transportation, or imprisonment for a term exceeding two years: Provided that a district court -martial shall not senten ce a warrant officer to imprisonment. 120. Powers of summary courts -martial .(1) Subject to the provisions of sub -section ( 2), a summary court -martial may try any off ence punishable under this Act. (2) When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a district court -martial or on active service a summary general court -martial for the trial of the alleged offender, an officer holding a summary court - martial shall not try without such reference any offence punishable under any of the sections 34, 37 and 69, or any offence against the officer holding the court. (3) A summary court -martial may try any person subject to this Act and under the command of the officer ho lding the court, except an officer, junior commissio ned officer or warrant officer. (4) A summary court -martial may pass any sentence which may be passed under this Act, except a sentence of death or transportation, or of imprisonment for a term exceeding the limit specified in sub-section ( 5). (5) The limit referred to in sub -section ( 4) shall be one year if the officer holding the summary court -martial is of the rank of lieutenant -colonel and upwards, and three months if such officer is below that rank. 33 121. Prohibition of second tria l.When any person subject to this Act has been acquitted or convicted of an offence by a court -martial or by a criminal court, or has been dealt with under any of the sections 80, 83, 84 and 85, he shall no t be liable to be tried again for the same offence by a court - martial or dealt with under the said sections. 122. Period of limitation for trial .(1) Except as provided by sub -section ( 2), no trial by court -martial of any person subject t o this Act for any offence shall be commenced after the expirat ion of a period of three years 1[and such period shall commence, (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the o ffence or to the authority com petent to initiate action, the first day on which such offence comes to the knowledge of such person or auth ority, whichever is earlier; or (c) where it is not kno wn by whom the offence was com mitted, the first day on which the iden tity of the offender is known to the person aggrieved by the offence or to the authority competent to initiat e action, whichever is earlier.] (2) The provisions of sub -section ( 1) shall not apply to a trial for an offence of desertion or fraudulent enrolme nt or for any of the offences mentioned in section 37. (3) In the computation of the p eriod of time mentioned in sub -section ( 1), any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the of fence, shall be excluded. (4) No trial for an offence of desertion other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, serv ed continuously in an exemplary manner for not less than three years with any portion of the regular Army. 123. Liability of offender who ceases to be subject to Act .(1) Where an offence under this Act had been committed by any person while subject to thi s Act, and he has ceased to be so subject, he may be taken into and kept in military custody, and tried and punished for such offence as if he continued to be so subject. (2) No such person shall be tried for an offen ce, unless his trial commences 2[withi n a period of three years after he had ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where the institution of the proceeding in respect of the off ence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded:] Provided that nothing contained in this sub -section shall apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a court - martial. (3) When a person subject to th is Act is sentenced by a court -martial to transportation or imprisonment, this Act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the regular Army, or has otherwi se ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. (4) When a person subject to th is Act is sentenced by a court -martial to death, this Act shall apply to him till the se ntence is carried out. 1. Subs. by Act 37 of 1992, s. 9, for certain words. 2. Subs. by s. 10, ibid., for certain words. 34 124. Place of trial. Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever. 125. Choice between criminal court and court -martial .When a criminal court and a court -martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they shoul d be instituted before a court -martial, to direct that the accused person shall be detained in military custody. 126. Power of criminal court to require delivery of offender .(1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Central Government. (2) In every such case the said officer shall ei ther deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central Government, whose order upon such reference shal l be final. 127. [Successive trials by a criminal court and court -martial. ] Omitted by the Army (Amendment ) Act, 1992 (37 of 1992), s. 11 (w.e.f. 6-9-1992) CHAPTER XI PROCEDURE OF COURTS -MARTIAL 128. Presiding officer .At every general, district or summar y general court -martial the senior member shall be the presiding officer. 129. Judge advocate .Every general court -martial shall, and every district or summary general court -martial may, be attended by a judge advocate, who shall be either an officer belon ging to the department of the Judge Advocate General, or if no such officer is available, an officer approved of by the Judge Advocate General or any of his deputies. 130. Challenges .(1) At all trials by general, district or summary general court -martial, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. (2) If the accused objects to any such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer decide on the objection. (3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer subject to the same right of the accused to object. (4) When no challenge is made, or when challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial. 131. Oaths of member, judge advocate and witness .(1) An oath or affirmation in the prescribed manner shall be administered to every member of every court -martial and to the judge advocate before the commencement of the trial. (2) Every person giving evid ence before a court -martial shall be examined after being duly sworn or affirmed in the prescribed form. 35 (3) The provisions of sub -section ( 2) shall not apply where the witness is a child under twelve years of age and the court -martial is of opinion that t hough the witn ess understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. 132. Voting by members .(1) Subject to the provisions of sub -sections ( 2) and ( 3), every decision of a court -martial shall be passed by an absolute majority of votes ; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. (2) No sentence of death shal l be passed by a general court -martial without the concurrence of at least two-thirds of the members of the court. (3) No sentence of death shall be passed by a summary general court -martial without the concurrence of all the members. (4) In matters, other than a challenge or the finding or sentence, the presiding offic er shall have a casting vote. 133. General rule as to evidence .The Indian Evidence Act, 1872 (1 of 1872 ) shall, subject to the provisions of this Act, apply to all proceedings before a court -martial. 134. Judicial notice .A court -martial may take judicial notice of any matter within the general military knowledge of the members. 135. Summoning wit nesses .(1) The convening officer, the presidi ng officer of a court -martial, 1[or courts of inquiry] the judge advocate or the commanding officer of the accused p erson may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person

may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produ ce any document or other thing. (2) In the case of a witness amenable to military authority, the summons shall be sent to his commanding officer, and such officer shall serve it upon him accordingly. (3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required i n the court of such magistrate. (4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable pre cision. 136. Documents exempted from production .(1) Nothing in section 135 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) or to apply to any letter, postcard, telegram or other document in the custody of the p ostal or telegraph authorities. (2) If any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, High Court or Court of Session, wanted for the purpose of any court -martial, such magistrate or Court may require the postal o r telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or Court may direct. (3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or High Court or Court of Session. 137. Commissions for examination of witness es.(1) Whenever, in the course of a trial by court - martial, it appears to the Court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such Court may address the Judge Advocate General in order that a commission to take the evidence of such witness may be issued. 1. Ins . by Act 37 of 1992, s.12. 36 (2) The Judge Advocate General may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to tak e the evidence of such witness. (3) The magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in tri als of warrant -cases under the 1[code of Crimi nal Procedure, 1973 (2 of 1974 ),] or any corres ponding law in force in 2[ the State of Jammu and Kashmir *.] (4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified in 1[Chapter XXII of the Code of Crimi nal Procedure, 1973 (2 of 1 974), ] or of any corresponding law in force in 2[the State of Jammu and Kashmir *.] (5) In this and the next succeeding section, the exp ression Judge Advocate General includes a Deputy Judge Advocate General. 138. Examination of a withness on commission .(1) The prosecutors and the accused person in any case in which a commission is issued under section 137 may respectively forward any interrogatories in writing which the Court may think relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories. (2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or, except in the case of an accused person in custody, in person, and may examine, cross -examin e and re-examine, as the case may be, the said witness. (3) After a commission issued under section 137 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Judge Advocate General. (4) On receipt of a commission and deposition returned under sub -section ( 3), the Judge Advocate General shall forward the same to the Court at whose instance the commission was issued or, if such Court has been dissolved, to any other Court convened for t he trial of the accused person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecuto r or the accused, and shall form part of the proceedings of the Court. (5) In every case in which a commission is issued under section 137, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission . 139. Conviction of offence not charged .(1) A person charged before a court -martial with desertion may be found guilty of attempting to desert or of being absent without leave. (2) A person charged before a court -martial with attempting to desert may be found guilty of being absent without leave. (3) A person charged before a court -martial with using criminal force may be found guilty of assault. (4) A person charged before a court -martial with using threatening language may be found guilty of using insub ordinate language. (5) A person charged before a court -martial with any one of the offences specified in clauses ( a), (b), (c) and ( d) of section 52 may be found guilty of any other of these offences with which he might have been charged. 1. Subs. by Act 37 of 1992, s.1 4, for certain words. 2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for a Part B State . *. 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. 37 (6) A person char ged before a court -martial with an offence punishable under section 69 may be found guilty of any other offence of which he might have been found guilty if the provisions of the 1[Code of Crimin al Procedure, 1973 (2 of 1974 )] were applicable. (7) A person charged before a court -martial with any offence under this Act, may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (8) A person charged before a court -martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. 140. Presumption as to signatures .In any proceeding under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly s igned by the person by whom and in the character in which it purports to have been signed, until the contrary is shown. 141. Enrolment paper .(1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be e vidence of the person enrolled having given the answers to questions which he is there in represented as having given. (2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certifi ed to be a true copy by the officer having the custody of the enrolment paper. 142. Presumption as to certain documents .(1) A letter, return or other document respecting the service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the regular Army, or respecting the circumstance of any person not having served in, or belonged to, any portion of the Forces, if purporting to be signed by or on behal f of the Central Government or 1[the Chief of the Army Staff], or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. (2) An Army, Navy or Air Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers, ju nior commissioned officers or warrant officers therein mentioned, and of any appointment held by them and of the corps, battalion or arm or branch of the services to which they belong. (3) Where a record is made in any regimental book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of military duty, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A cop y of any record in any regimental book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any portion of the regular Army, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the regular Army, or by the commanding officer of the corps, department or detachment to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or appr ehension, and the manner in which he was dressed, shall be evidence of the matters so stated. (6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the cu stody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and t he manner in which he was dressed shall be evidence of the matters so stated. (7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government 2[or any of the Government scientific experts name ly, the Chief 1. Subs. by Act 19 of 1955, s. 2 and the Schedule , for the Commander -in-Chief . 2. Ins. by Act 37 of 1992, s. 15. 38 Inspector of the Explosives, the Director of the Finger Print Bureau, the Director, Haffkeine Institute, Bombay, the Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory and t he Serologist to the Government ] upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act. 143. Reference by accused to Government officer .(1) If at any trial for desertion or absence without leave, o verstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appe ars that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedin gs until his reply is received. (2) The written reply of any officer so referred to shall, if signed b y him be received in evidence and have the same effect as if made on oath be fore the court. (3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at h is discretion, annul the proceedings and order a, fresh trial. 144. Evidence of previous convictions and general character .(1) When any person subject to this Act has been convicted by a court -martial of any offence, such court -martial may inquire into, a nd receive and record evidence of any previous convictions of such person, either by a court -martial or by a criminal court, or any previous award of punishment under any of the sections 80, 83, 84 and 85, and may further inquire into and record the genera l character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court -martial books or other official records ; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a summary court -martial the officer holding the trial may, if he thinks fit, record any previous convictions ag ainst the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section. 145. Lunacy of accused .(1) Whenever, in the course of a trial by a court -martial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shal l record a finding accordingly. (2) The presiding officer of the court, or, in the case of a summary court -martial, the officer holding the trial, shall forthwith report the case to th e confirming officer, or to the authority empowered to deal with its finding under s ection 162, as the case may be. (3) The confirming officer to whom the case is reported under sub -section ( 2) may, if he does not confirm the finding, take steps to have th e accused person tried by the same or another court -martial for the off ence with which he was charged. (4) The authority to whom the finding of a summary court -martial is reported under sub -section ( 2), and a confirming officer confirming a finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Cent ral Government. (5) On receipt of a report under sub -section ( 4) the Central Government may order the accused person to be detained in a lunatic asylum or

a report under sub -section ( 4) the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody. 146. Subsequent fitness of lunatic accused for trial .Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defe nce, is in custody or under detention under section 145, the officer commanding the army, army corps, division or brigade within the 39 area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may (a) if such person is in custody under sub -section ( 4) of section 145, on the report of a medical officer that he is capabl e of making his defence, or (b) if such person is detained in a jail under sub -section ( 5) of section 145, on a certificate of the Inspecto r General of Prisons, and if such person is detained in a lunatic asylum under the said sub - section on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence, take steps to have such person trie d by the sam e or another court -martial for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court. 147. Transmission to Central Government of orders under section 146 .A copy of every order made by an officer under section 146 for the trial of the accused shall forthwith be sent to the Central Government. 148. Release of lunatic accused .Where any person is in custody under sub -section ( 4) of section 145 or under detention under sub -section ( 5) of that section (a) if such person is in custody under the said sub -section ( 4), on the report of a medical officer, or (b) if such person is detained under the said sub -section ( 5), on a certificate from any of the authorities mentioned in clause ( b) of sectio n 146 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum. 149. Delivery of lunatic accused to relatives .Where any relative or friend of any person who is in custody under sub -section ( 4) of section 145 or under detention under sub -section ( 5) of that section desires that he should be delivered to his care and custody, the Central Government may upon application by such relative or friend and on his giving security to the satisfaction of that Government that the person delivered shall b e properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relat ive or friend. 150. Order for custody and disposal of property pending trial .When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court -martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks neces sary, order it to be so ld or otherwise disposed of. 151. Order for disposal of property regarding which offence is committed .(1) After the conclusion of a trial before any court -martial, the Court or the officer confirming the finding or sentence of such court -martial, or any authority superior to such officer, or, in the case of a court -martial whose finding or sentence does not require confirmation, the officer commanding the army, army corps, division or brigade within which the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding whic h any offence appears to have been committed or which has been used for the commission of any offence. (2) Where any order has been made under sub -section ( 1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the 40 order to be carried into effect as if it were an order passed by h im under the provisions of the 1[Code of Criminal Procedure, 1973 (2 of 1974) ], or any correspo nding law in force in 2[the State of Jammu and Kashmir *]. (3) In this section the term property includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have bee n converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 152. Powers of court -martial in relation to proceedings under this Act .Any trial by a court - martial under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the court -martial shall be deemed to be a Court within the meaning of 3[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974) ]. CHAPTER XII CONFIRMATION AND REVISION 153. Finding and sentence not valid, unless confirmed .No finding or sentence of a general, district or summary general, court -martial shall be valid except so far as it may be confirmed as provided by this Act. 154. Power to confirm finding and sentence of general court -martial .The findings and sentences of general courts -martial may be confirmed by the Central Government, or by any officer empowered in this behalf by warrant of the Ce ntral Government. 155. Power to confirm finding and sentence of district court -martial .The findings and sentences of district court -martial may be confirmed by any officer having power to convene a general court-martial or by any officer empowered in this behalf by warrant of such officer. 156. Limitation of powers of confirming authority .A warrant issued under section 154 or section 155 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. 157. Power to conf irm finding and sentence of summary general court -martial .The findings and sentences of summary general court -martial may be confirmed by the convening officer or if he so directs, by an authority superior to him. 158. Power of confirming authority to mit igate, remit or commute sentences .(1) Subject to such restrictions, reservations or conditions as may be contained in any warrant issued under section 154 or section 155 and to the provision of sub -section ( 2), a confirming authority may, when confirming the sentence of a court -martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 71. (2) A sentence of transportation shall not be commuted for a sentenc e of imprisonment for a te rm exceeding the term of trans portation awarded by the Court. 159. Confirming of findings and sentences on board a ship .When any person subject to this Act is tried and sentenced by a court -martial while on board a ship, the find ing and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation. 160. Revision of finding or sentence .(1) Any finding or sentence of a cou rt-martial which requires confirmation may be once revised by order of the confirming authority and on such revision, the Co urt, if so directed by the con -firming authority, may take additional evidence. 1. Subs. by Act 37 of 1992, s. 14, for certain words. 2. Subs. by the Adaptation of Laws (No. 3) Order, 1956 for a Part B State . 3. Subs. by Act 37 of 1992, s. 16 , for certain words . *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Ka shmir and the Union territory of Ladakh. 41 (2) The court, on revision, shall consist of the sam e officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. (3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with th e revision, provided that, if a general court -martial, it still consists of five officers, or, if a sum mary general or district court -martial, of three officers. 161. Finding and sentence of a summary court -martial .(1) Save as otherwise provided in sub - section ( 2), the finding and sentence of a summary court -martial shall not require to be confirmed, but may be carried out forthwith. (2) If the officer holding the trial is of less than five years service, he shall not, except on active service, carry into effect any sentence until it has received the approval of an officer commanding not less than a brigade. 162. Transmission of proceedings of summary court -martial .The proceedings of every summary court -martial shall without delay be forwarded to the offic er commanding the division or brigade within which the trial was held, or to the prescribed officer; and such officer, or 1[the Chief of the Army Staff ], or any officer empowered in this behalf by 1[the Chief of the Army Staff ], may, for reasons based on t he merits of the case, but not any merely technical grounds, set aside the proceedings or reduce the sentence to any other sentence which the court might have passed. 163. Alteration of finding or sentence in certain cases. (1) Where a finding of guilty by a court - martial, which has been confirmed, or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 179 to commute the punishment awarded b y the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court -martial on the charge and unless it appears that the court -martial must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a court -martial which has been confirmed, or which does not require confirmation, not being a sen tence passed in pursuance of a new finding substituted under sub -section ( 1), is found for any reason to be invalid, the authority referred to in sub -section ( 1) may pass a valid sentence. (3) The punishment awarded by a sentence passed unde r sub -section ( 1) or sub -section ( 2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence pas sed, under this section shall, for the purposes of this Act and the rules made thereunder, have effect as if it were a finding or sentence, as the case may be, of a court -martial. 164. Remedy against order, finding or sentence of court -martial .(1) Any per son subject to this Act who considers himself aggrieved by any order passed by any court -martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court -martial, and the confirming authority may take su ch steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. (2) Any person subject to this Act who considers himself aggrie ved by a finding or sentence of any court -martial which has been confirmed, may present a petit ion to the Central Government, 1[the Chief of the Army Staff ] or any pres cribed officer superior in com mand to the one who confirmed such finding or sentenc e, an d the Central Government, 1[the Chief of the Army Staff ] or other officer, as the case may be, may pass such order thereon as it or he thinks fit. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule , for the Commander -in-Chief . 42 165. Annulment of proceedings .The Central Government, 1[the Chief of the Army Staff] or any prescribed offic er may annul the proceedings of any court -martial on the ground that they are illegal or unjust. CHAPTER XIII EXECUTION OF SENTENCES 166. Form of sentence of death. In awarding a sentence of death a court -martial shall, in its discretion, direct that the o ffender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death. 167. Commencement of sentence of transportation or imprisonment .Whenever any person is sentenced by a court -martial under this Act to tr ansportation or imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer or, in the case of a summary court -martial, by the c ourt. 168. Execution of sentence of transportation .Whenever any sentence of transportation is passed under this Act or whenever any sentence of death is commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the civil prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. 169. Execution of sentence of impris onment .(1) Whenever any sentence of imprisonment is passed under this Act by a court -martial or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or in case of a summary court -martial the officer holding the Court or such other officer as may be prescribed, shall, save as otherwise provided in sub -sections ( 3) and (4), direct either that the sentence shall be carried out by confinement in a military prison or that it shall be carried out by confinement in a civil prison. (2) When a direction has been made under sub -section ( 1) the commanding officer of

confinement in a civil prison. (2) When a direction has been made under sub -section ( 1) the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. (3) In the case of a sentence of imprisonment for a period not exceeding three months and passed under this Act by a court -martial, the appropriate off icer under sub -section ( 1) may direct that the sentence shall be carried out by confinement in military custody instead of in a civil or military prison. (4) On active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint. 2[169A. Period of custody undergone by the officer or person to be set off against the imprisonment .When a person or officer subject to this Act is sentenced by a court -martial t o a term of imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil or military custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of such person or officer to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him.] 170. Temporary cu stody of offender .Where a sentence of transportation or imprisonment is directed to be undergone in a civil prison the offender may be kept in a military prison or in military custody or in any other fit place, till such time as it is possible send him to a civil prison. 171. Execution of sentence of imprisonment in special cases .Whenever, in the opinion of an officer commanding an army, army corps, division or independent brigade, any sentence or portion of a sentence of imprisonment cannot for special r easons, conveniently be carried out in a military prison or in 1. Subs. by Act 19 of 1955, s. 2 and the Schedule , for the Commander -in-Chief . 2. Ins. by Act 37 of 1992, s.17. 43 military custody in accordance with the provision of section 169 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil, prison or ot her fit place. 172. Conveyance of prisoner from place to place .A person under sentence of transportation or imprisonment may during his conveyance from place to place, or when on board ship, aircraft, or otherwise, be subjected to such restraint as is nec essary for his safe conduct and removal. 173. Communication of certain orders to prison officers .Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil or militar y prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed to the officer in charge of the prison in which such person is confined. 174. Execution of s entence of fine .When a sentence of fine is imposed by a court -martial under section 69 whether the trial was held within India or not, a copy of such sentence, signed and certified by the confirming officer, or where no confirmation is required, by the of ficer holding the trial may be sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accord ance with the provision of the 1[Code of Criminal Procedure, 1973 (2 of 1974) ], or any corresponding law in force in 2[the State of Jammu and Kashmir *] for the levy of fines as if it were a sentence of fine imposed by such magistrate. 175. Establishment and regulation of military prisons .The Central Government may set apart any building or part of a building, or any pla ce under its control, as a military prison for the confinement of persons sentenced to imprisonment under this Act. 176. Informality or error in the order or warrant .Whenever any person is sentenced to transportation or imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or w arrant in pursuance of this Act , the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as res pects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly. 177. Power to make rules in re spect of prisons and prisoners .The Central Government may make rules providing (a) for the government, management and regulation of military prisons; (b) for the appointment, removal and powers of inspe ctors, visitors, governors and -officers thereof; (c) for the labour of prisoners undergoing confinement therein, and for enabling persons to earn, by special industry and good conduct, a remission of a portion of their sentence; (d) for the safe custody of prisoners and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by prisoners ; (e) for the application to military prisons of any of the provisions of the Prisons Act, 1894 (9 of 1894), relating to the duties of 267 officers of prisons and the punishment of persons not being prisoners ; (f) for the admission into any prison, at proper times and subject to proper restrict ions, of persons with whom pri soners may desire to communicate, and for the consultation by pri soners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance. 1. Subs. by Act 37 of 1992, s. 14, for Code of Criminal Procedure, 1898 (5 of 1898) . 2. Subs. by the Adaptation of Laws (No. 3) order, 1956, for a Part B State . *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Un ion territory of Jammu and Kashmir and the Union territory of Ladakh. 44 178. Restriction of rulemaking power in regard to corporal punishment .Rules made under section 177 shall not authorise corpora l punishment to be inflicted for any of fence, nor render the imprison ment more severe than it is under the law for the time being in force relating to civil prisons. CHAPTER XIV PARDONS, REMISSIONS AND SUSPENSIONS 179. Pardon and remission .When any person subject to this Act has been convicted by a court -martial of any offe nce, the Central Government or 1[the Chief of the Army Staff ] or, in the case of a sentence, which he could have confirmed or which did not, require confirmation, the offi cer commanding the army, army corps, division or independent brigade in which such person at the time of conviction was serving, or the prescribed officer may (a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishmen t awarded ; or (b) mitigate the punishment awarded ; or (c) commute such punishment for any less punishment or pun ishments mentioned in this Act: Provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of tran sportation awarded by the court ; or (d) either with or without conditions which the person sentenced accepts, release the person on parole. 180. Cancellation of conditional pardon, release on parole or remission. (1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release o r re-mission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted. (2) A person whose sentence of transportation or imprisonment is carried into effect u nder the provisions of sub -section ( 1) shall undergo only the unexpired portion of his sentence. 181. Reduction of warrant officer or non -commissioned office r.When under the provisions of section 77 a warrant officer or a non -commissioned officer is deeme d to be reduced to the ranks, such reduction shall, for the purpose of section 179, be treated as a punishment awarded by a sentence of a court -martial. 182. Suspension of sentence of transportation or imprisonment .(1) Where a person subject to this Act i s sentenced by a court -martial to transportation or imprisonment, the Centr al Government, 1[the Chief of the Army Staff] or any officer empowered to convene a general or a summary general court -martial may suspend the sentence whether or not the offender has already been committed to prison or to military custody. (2) The authori ty or officer specified in sub -section ( 1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained the of fender shall not be committed to prison or to military custody. (3) The powers conferred by sub -sections ( 1) and ( 2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted. 183. Orders pending suspension .(1) Where the sentence referred to in section 182 is imposed by a court -martial other than a summary court -martial, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to military custody until the orders of the authority or officer specified in section 182 have been obtained. 1. Subs. by Act 19 of 1955, s. 2 and the Schedule , for the Commander -in-Chief . 45 (2) Where a sentence of imprisonment is imposed by a summary court -martial, the officer holding the trial or the officer authorised to approve of the sentence under sub -section ( 2) of section 161 may make the direction referred to in sub -section ( 1). 184. Release on suspension .Where a sentence is suspended under section 182, the offender shall forthwith be released from custody . 185. Computation of period of suspension .Any period dur ing which the sentence is under suspension shall be reckoned as part of the term of such sentence. 186. Order after suspension. The authority or officer specified in section 182 may, at any time while a sentence is suspended, order (a) that the offender be committed to undergo the unexpired portion of the sentence, or (b) that the sentence be remitted. 187. Reconsideration of case after suspension .(1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than f our months, be reconsidered by the authority or officer specified in section 182, or by any general or other officer not below the rank of field officer duly authorised by the authority or officer specified in section 182. (2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 182. 188. Fresh senten ces after suspension .Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then (a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently; (b) if the furth er sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or military custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 186 or section 187, continue to be suspended. 189. Scope of power of suspension .The powers conferred by sections 182 and 186 shall be in addition to and not in derogation of the power of mitigation, remission and commutation. 190. Effect of suspension and rem ission on dismissal .(1) Where in addition to any other sentence the punishment of dismissal has been awarded by a court -martial, and such other sentence is suspended under section 182, then, such dismissal shall not take effect until so ordered by the aut hority or officer specified in section 182. (2) If such other sentence is remitted under section 186, the punishment of dismi ssal shall also be remitted. CHAPTER XV RULES 191. Power to make rules .(1) The Central Government may make rules for the purpose o f carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the power conferred by sub -section ( 1), the rules made thereunder may provide for (a) the removal, retirement, release or discharge from the service of persons s ubject to this Act; (b) the amount and incidence of fines to be imposed under section 89; 46 1* * * * * (d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts; (e) the convening and constituting of court -martial and the appointment of prosecutors at trials by courts -martial; (f) the adjournment, dis solution and sitting of court -martial ; (g) the procedure to be observed in trials by courts -martial and the appearance of legal practitioners thereat; (h) the confirmation, revision and annulment of, and petitions against, the fi ndings and sentences of courts -martial; (i) the carrying into effect of sentences of court -martial; (j) the forms of orders to be made under the provisions of this Act relating to court -martial, transportation and im prisonment; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 99, and the due carrying out of such decisions; (l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non -commis

(l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non -commis sioned officers of the regular Army, Navy and Air Force when acting together; (m) any other matter d irected by this Act to be prescribed. 192. Power to make regulations .The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 191. 193. Publication of rules and regulations in Gazette .All rules and regulations made under this Act shall be published in the Official Gazette and on such publication, shall have effect as if enacted in this Act. 2[193A. Rules and regulations to be laid before Parliament .Every rule and every regulation made b y the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation should not be made the rule or regulation or shall thereafter have ef fect 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.] 194. [Repeals .] Rep. by the Repealing and Amending Act , 1957 (36 of 1957), s. 2 and the First Schedule . 195-196. [Chapter XVI.] Omitted by the Army (Amendment ) Act, 1992 (37 of 1982), s. 19 (w.e.f. 6-9-1992). THE SCHEDULE .Rep. by the Repealing and Amending Act , 1957 (36 of 1957), s. 2 and the First Schedule . 1. Omitted by Act 37 of 1992, s. 18. 2. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15 -3-1984) .

THE INDIAN EVIDENCE ACT, 1872 ACT NO. 1 OF 1872 1 [15 th March , 1872.] Preamble.WHEREAS it is expedient to consolidate, d efine and amend the law of Evidence; It is hereby enacted as follows: PART I RELEVANCY OF FACTS CHAPTER I.P RELIMINARY 1. Short title. This Act may be called the Indian Evidence Act, 1872. Extent. It extends to the whole of India 2[ 3***] and applies to all judicial proceedings in or before any Court, including Courts-martial, 4[other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58)] 5[the Naval Discipline Act [29 & 30 Vict., 109]; or 6*** the Indian Navy (Discipline) Act, 1934 (34 of 1934),] 7[or the Air Force Act (7 Geo. 5, c. 51)] but not to affidavits 8 presented to any Court or officer, nor to proceedings before an arbitrator ; Commencement of Act. And it shall come into force on the first day of September, 1872. 2. [Repeal of enactments .]. Rep. by the Repealing Act , 1938 (1 of 1938), s. 2 and Schedule . 3. Interpretation-clause .In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from th e context: Court. Court includes all Judges 9 and Magistrates 10 , and all persons, except arbitrators, legally authorised to take evidence. Fact. Fact means and includes( 1) anything, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is consc ious. Illustrations (a) That there are certain objects arranged in a cert ain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sens ation, is a fact. (e) That a man has a certain reputation, is a fact. 1. The Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule, extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 an d Schedule I (w.e.f. 1-7-1965) and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965 (w.e.f. 1-10-1967). Th e Act came into force in Pondicherry on 1-10-1963 v ide Reg. 7 of 1963, s. 3 and Schedule I. The Act has been amended in We st Bengal by West Bengal Act 20 of 1960 and in Tamil Nadu by Tamil Nadu Act 67 of 1979. 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, f or except Part B States. 3. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Sc hedule (w.e.f. 31-10- 2019). 3. Ins. by Act 18 of 1919, s. 2 and the First Sched ule. 4. Ins. by Act 35 of 1934, s. 2 and the Schedule. 5. The words that Act as modified by Omitted by t he A.O. 1950. 6. Ins. by Act 10 of 1927, s. 2 and the First Sched ule. 7. As to practice relating to affidavits, See the Co de of Civil Procedure, 1908 (Act 5 of 1908), s. 30 ( c) and the First Schedule, Order XIX. See also the Code of Criminal Procedure, 1 973 (Act 2 of 1974), ss. 295 and 297. 8. Cf. the Code of Civil Procedure, 1908 (Act 5 of 190 8), s. 2, the Indian Penal Code (Act 45 of 1860), s. 19; and for a definition of District Judge, the General Clauses Act, 1897 (10 of 1897), s. 3(17). 9. Cf. the General Clauses Act, 1897 (10 of 1897), s. 3(32) and the Code of Criminal Procedure, 1973 (Act 2 of 1974). 10 Relevant. One fact is said to be relevant to another whe n the one is connected with the other in any of the ways referred to in the provisions of th is Act relating to the relevancy of facts. Facts in issue. The expression facts in issue means and includ es any fact from which, either by itself or in connec tion with other facts, the existence, non-existence, nature or extent of any right, liabi lity, or disability, asserted or denied in any suit or proceeding, necessarily follows. Explanation .Whenever, under the provisions of the law for th e time being in force relating to Civil Procedure, 1 any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue: That A caused Bs death; That A intended to cause Bs death; That A had received grave and sudden provocation fr om B; That A, at the time of doing the act which caused B s death, was, by reason of unsoundness of mind, in capable of knowing its nature. Document. Document 2means any matter expressed or described upon any su bstance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. Illustrations A writing 3 is a document; 3Words printed lithographed or photographed are docu ments; A map or plan is a document; An inscription on a metal plate or stone is a docum ent; A caricature is a document. Evidence. Evidence means and includes (1) all statements which the Court permits or require s to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (2) 4[all documents including electronic records produce d for the inspection of the Court;] such documents are called documentary evidence. Proved. A fact is said to be proved when, after consideri ng the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon t he supposition that it exists. Disproved. A fact is said to be disproved when, after consid ering the matters before it, the Court either believes that it does not exist, or consider s its non-existence so probable that a prudent man 1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908); as to the settlement of issues, see Schedule I, order XIV. 2. Cf . the Indian Penal Code (Act 45 of 1860), s. 29 and the General Clauses Act, 1897 (10 of 1897), s. 3 (1 8). 3. Cf. definition of writing in the General Clauses Act, 1897 (10 of 1897), s. 3(65). 4. Subs. by Act 21 of 2000, s. 92 and the Second Sc hedule, for the words all documents produced for t he inspection of the Court (w.e.f. 17-10-2000). 11 ought, under the circumstances of the particular ca se, to act upon the supposition that it does not ex ist. Not proved. A fact is said not to be proved when it is neit her proved nor disproved. 1[India. India means the territory of India excluding the State of Jammu and Kashmir.] 2[the expressions Certifying Authority, 3[electronic signature], 4[(Electronic Signature Certificate], electronic form, electronic record s, information, secure electronic record, sec ure digital signature and subscriber shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).] 4. May presume. Whenever it is provided by this Act that the Cour t may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. Shall presume. Whenever it is directed by this Act that the Cour t shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. Conclusive proof. When one fact is declared by this Act to be concl usive proof of another, the Court shall, on proof of the one fact, regard the o ther as proved, and shall not allow evidence to be given for the purpose of disproving it. CHAPTER II. O F THE RELEVANCY OF FACTS 5. Evidence may be given of facts in issue and rele vant facts. Evidence may be given in any suit or proceeding of the existence of non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no othe rs. Explanation .This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law fo r the time being in force relating to Civil Procedu re 5. Illustrations (a) A is tried for the murder of B by beating him wit h a club with the intention of causing his death. At As trial the following facts are in issue: As beating B with the club; As causing Bs death by such beating; As intention to cause Bs death. (b) A suitor does not bring with him, and have in rea diness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure 5. 6. Relevancy of facts forming part of same transact ion. Facts which, though not in issue, are so connected with a fact in issue as to form part of t he same transaction, are relevant, whether they occ urred at the same time and place or at different times an d places. Illustrations (a) A is accused of the murder of B by beating him. W hatever was said or done by A or B or the by-stande rs at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fac t. 1. Subs. by Act 3 of 1951, s. 3 and the Schedule, f or the definitions of State and States which we re ins. by the A.O. 1950. 2. Ins. by Act 21 of 2000, s. 92 and the Second Sch edule, (w.e.f. 17-10-2000). 3. Subs. by Act 10 of 2009, s. 52, for digital sig nature (w.e.f. 27-10-2009). 4. Subs. by s. 52, ibid ., for Digital Signature Certificate (w.e.f. 27-10 -2009). 5. See now the Code of Civil Procedure, 1908 (Act 5 of 1908) . 12 (b) A is accused of waging war against the 1[Government of India] by taking part in an armed in surrection in which property is destroyed, troops are attacked an d gaols are broken open. The occurrence of these fa cts is relevant, as forming part of the general transactio n, though A may not have been present at all of the m. (c) A sues B for a libel contained in a letter formin g part of a correspondence. Letters between the par ties relating to the subject out of which the libel aros e, and forming part of the correspondence in which it is contained, are relevant facts, though they do not c ontain the libel itself. (d) The question is, whether certain goods ordered fr om B were delivered to A. The goods were delivered to several intermediate persons successively. Each del ivery is a relevant fact. 7. Facts which are the occasion, cause or effect of facts in issue. Facts which are the occasion, cause or effect, immediate or otherwise, of relevan t facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction , are relevant. Illustrations (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third pers ons, are relevant. (b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or n ear the place where the murder was committed, are r elevant facts. (c) The question is, whether A poisoned B. The state of Bs health before the symptoms ascribe d to poison, and habits of B, known to A, which aff orded an opportunity for the administration of poison, are r elevant facts. 8. Motive, preparation and previous or subsequent c onduct .Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any pa rty, to any suit or proceeding, in reference to suc h suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of an y proceeding, is relevant, if such conduct influenc es or is influenced by any fact in issue or relevant f act, and whether it was previous or subsequent ther eto. Explanation 1.The word conduct in this section does not in clude statements, unless those statements accompany and explain acts other than st atements; but this explanation is not to affect the relevancy of statements under any other section of this Act. Explanation 2.When the conduct of any person is relevant, an y statement made to him

statements under any other section of this Act. Explanation 2.When the conduct of any person is relevant, an y statement made to him or in his presence and hearing, which affects such conduct, i s relevant. Illustrations (a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. (b) A sues B upon a bond for the payment of money, B denies the making of the bond. 1. Subs. by the A.O. 1950, for Queen. 13 The fact that, at the time when the bond was allege d to be made, B required money for a particular purpose, is relevant. (c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured p oison similar to that which was administered to B, is relevant. (d) The question is, whether a certain document is th e will of A. The facts that, not long before, the date of the al leged will, A made inquiry into matters to which th e provisions of the alleged will relate; that he cons ulted vakils in reference to making the will, and t hat he caused drafts of other wills to be prepared, of whi ch he did not approve, are relevant. (e) A is accused of a crime. The facts that, either before, or at the time of, o r after the alleged crime, A provided evidence whic h would tend to give to the facts of the case an appe arance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or pr ocured the absence of persons who might have been witnesses, or suborned persons to give false eviden ce respecting it, are relevant. (f) The question is, whether A robbed B. The facts that, after B was robbed, C said in As p resence the police are coming to look for the man who robbed B, and that immediately afterwards A ran away, are relevant. (g) The question is, whether A owes B rupees 10,000. The facts that A asked C to lend him money, and th at D said to C in As presence and hearing I advise you not to trust A, for he owes B 10,000 rup ees, and that A went away without making any answer, are relevant facts. (h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter , warning him that inquiry was being made for the criminal, and the contents of the letter, are relev ant. (i) A is accused of a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by th e crime, or attempted to conceal things which were or might have been used in committing it, are relevant . (j) The question is, whether A was ravished. The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, she sai d that she had been ravished is not relevant as conduct under this section, though it may be releva nt as a dying declaration under section 32, clause ( 1), or as corroborative evidence under section 157. (k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, he m ade a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. 14 The fact that he said he had been robbed, without m aking any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under section 32, clause ( 1), or as corroborative evidence under section 157. 9. Facts necessary to explain or introduce relevant facts. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of a ny thing or person whose identity is relevant, or f ix the time or place at which any fact in issue or relevan t fact happened, or which show the relation of part ies by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. Illustrations (a) The question is, whether a given document is the will of A. The state of As property and of his family at the date of the alleged will may be relevant facts. (b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libe llous is true. The position and relations of the parties at the ti me when the libel was published may be relevant fac ts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irr elevant, though the fact that there was a dispute may be rel evant if it affected the relations between A and B. (c) A is accused of a crime. The fact that, soon after the commission of the cri me, A absconded from his house, is relevant under s ection 8, as conduct subsequent to and affected by facts in i ssue. The fact that, at the time when he left home, he ha d sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he le ft home suddenly. The details of the business on which he left are no t relevant, except in so far as they are necessary to show that the business was sudden and urgent. (d) A sues B for inducing C to break a contract of se rvice made by him with A. C, on leaving As service , says to A I am leaving you because B has made me a b etter offer. This statement is a relevant fact as explanatory of Cs conduct, which is relevant as a fact in issue. (e) A, accused of theft, is seen to give the stolen p roperty to B, who is seen to give it to As wife. B says as he delivers itA says you are to hide this. Bs sta tement is relevant as explanatory of a fact which i s part of the transaction. (f) A is tried for a riot and is proved to have march ed at the head of a mob. The cries of the mob are r elevant as explanatory of the nature of the transaction. 10. Things said or done by conspirator in reference to common design. Where there is reasonable ground to believe that two or more persons have con spired together to commit an offence or an actionab le wrong, anything said, done or written by any one of such persons in reference to their common intentio n, after the time when such intention was first entertained by any one of them, is a relevant fact as against e ach of the persons believed to be so conspiring, as well for t he purpose of proving the existence of the conspira cy as for the purpose of showing that any such person was a p arty to it. 15 Illustrations Reasonable ground exists for believing that A has j oined in a conspiracy to wage war against the 1[Government of India]. The facts that B procured arms in Europe for the pu rpose of the conspiracy, C collected money in Calcu tta for a like object, D persuaded persons to join the conspi racy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prov e the existence of the conspiracy, and to prove As complicity in i t, although he may have been ignorant of all of the m, and although the persons by whom they were done were st rangers to him, and although they may have taken pl ace before he joined the conspiracy or after he left it . 11. When facts not otherwise relevant become releva nt. Facts not otherwise relevant are relevant (1) if they are inconsistent with any fact in issue o r relevant fact; (2) if by themselves or in connection with other fact s they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations (a) The question is, whether A committed a crime at C alcutta on a certain day. The fact that, on that day, A was at Lahore is rele vant. The fact that, near the time when the crime was com mitted, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is re levant. (b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by n o one else, and that it was not committed by either B, C or D, is relevant. 12. In suits for damages, facts tending to enable C ourt to determine amount are relevant . In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant. 13. Facts relevant when right or custom is in quest ion. Where the question is as to the existence of any right or custom, the following facts are rel evant: (a) any transaction by which the right or custom in q uestion was created, claimed, modified, recognised, asserted or denied, or which was incons istent with its existence; (b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or depart ed from. 1. Subs. by the A.O. 1950, for Queen. 16 Illustrations The question is, whether A has a right to a fishery . A deed conferring the fishery on As ancestors, a m ortgage of the fishery by As father, a subsequent grant of the fishery by As father, irreconcilable with the mortgage, particular instances in which As father exercised the right, or in which the exercise of the right was st opped by As neighbours, are relevant facts. 14. Facts showing existence of state of mind, or of body of bodily feeling. Facts showing the existence of any state of mind such as intention, k nowledge, good faith, negligence, rashness, ill-wil l or good-will towards any particular person, or showing the existence of any state of body or bodily feeli ng, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or re levant. 1[Explanation 1.A fact relevant as showing the existence of a r elevant state of mind must show that the state of mind exists, not generally, but in ref erence to the particular matter in question. Explanation 2.But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact. 2] Illustrations (a) A is accused of receiving stolen goods knowing th em to be stolen. It is proved that he was in posses sion of a particular stolen article. The fact that, at the same time, he was in possessi on of many other stolen articles is relevant, as te nding to show that he knew each and all of the articles of which he was in possession to be stolen. 3[( b) A is accused of fraudulently delivering to anothe r person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was p ossessed of a number of other pieces of counterfeit coin is relevant. The fact that A had been previously convicted of de livering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant.] (c) A sues B for damage done by a dog of Bs, which B knew to be ferocious. The fact that the dog had previously bitten X, Y an d Z, and that they had made complaints to B, are re levant. (d) The question is, whether A, the acceptor of a bil l of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmi tted to him by the payee if the payee had been a real perso n, is relevant, as showing that A knew that the pay ee was a fictitious person. (e) A is accused of defaming B by publishing an imput ation intended to harm the reputation of B. The fact of previous publications by A respecting B , showing ill-will on the part of A towards B is re levant, as proving As intention to harm Bs reputation by the particular publication in question. 1. Subs. by Act 3 of 1891, s. 1( I), for the Original Explanation . 2. See the Code of Criminal Procedure, 1898 (5 of 1898), s. 311. 3. Subs. by Act 3 of 1891, s. 1( 2), ibid . for the original Illustration (b). 17 The facts that there was no previous quarrel betwee n A and B, and that A repeated the matter complaine d of as he heard it, are relevant, as showing that A did no t intend to harm the reputation of B. (f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to tr ust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his nei ghbours and by persons dealing with him, is relevant, as sh owing that A made the representation in good faith. (g) A is sued by B for the price of work done by B, u pon a house of which A is owner, by the order of C, a contractor. As defence is that Bs contract was with C. The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, mak e over to C the management of the work in question, so that C w as in a position to contract with B on Cs own acco unt, and not as agent for A. (h) A is accused of the dishonest misappropriation of property which he had found, and the question is w hether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the prop erty had been given in the place where A was, is re levant, as showing that A did not in good faith believe that t he real owner of the property could not be found. The fact that A knew, or had reason to believe, tha t the notice was given fraudulently by C, who had h eard of the loss of the property and wished to set up a fal se claim to it, is relevant, as showing that the fa ct that A knew of the notice did not

and wished to set up a fal se claim to it, is relevant, as showing that the fa ct that A knew of the notice did not disprove As good faith. (i) A is charged with shooting at B with intent to ki ll him. In order to show As intent the fact of As having previously shot at B may be proved. (j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B ma y be proved, as showing the intention of the letters. (k) The question is, whether A has been guilty of cru elty towards B, his wife. Expressions of their feeling towards each other sho rtly before or after the alleged cruelty are releva nt facts. (l) The question is whether As death was caused by p oison. Statements made by A during his illness as to his s ymptoms are relevant facts. (m) The question is, what was the state of As health at the time when an assurance on his life was effe cted. Statements made by A as to the state of his health at or near the time in question are relevant facts. (n) A sues B for negligence in providing him with a c arriage for hire not reasonably fit for use, whereb y A was injured. The fact that Bs attention was drawn on other occa sions to the defect of that particular carriage is relevant. The fact that B was habitually negligent about the carriages which he let to hire is irrelevant. (o) A is tried for the murder of B by intentionally s hooting him dead. The fact that A on other occasions shot at B is rel evant as showing his intention to shoot B. 18 The fact that A was in the habit of shooting at peo ple with intent to murder them is irrelevant. (p) A is tried for a crime. The fact that he said something indicating an inten tion to commit that particular crime is relevant. The fact that he said something indicating a genera l disposition to commit crimes of that class is irrelevant. 15. Facts bearing on question whether act was accid ental or intentional. When there is a question whether an act was accidental or intention al, 1[or done with a particular knowledge or intention,] the fact that such act formed part of a series of s imilar occurrences, in each of which the person doi ng the act was concerned, is relevant. Illustrations (a) A is accused of burning down his house in order t o obtain money for which it is insured. The facts that A lived in several houses successiv ely each of which he insured, in each of which a fi re occurred, and after each of which fires A received payment fr om a different insurance office, are relevant, as t ending to show that the fires were not accidental. (b) A is employed to receive money from the debtors o f B. It is As duty to make entries in a book showi ng the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive. The question is, whether this false entry was accid ental or intentional. The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant. (c) A is accused of fraudulently delivering to B a co unterfeit rupee. The question is, whether the delivery of the rupee was accidental. The facts that, soon before or soon after the deliv ery to B, A delivered counterfeit rupees to C, D an d E are relevant, as showing that the delivery to B was not accidental 16. Existence of course of business when relevant .When there is a question whether a particular act was done, the existence of any course of busine ss, according to which it naturally would have been done, is a relevant fact. Illustrations (a) The question is, whether a particular letter was despatched. The facts that it was the ordinary course of busine ss for all letters put in a certain place to be car ried to the post, and that particular letter was put in that place ar e relevant. (b) The question is, whether a particular letter reac hed A. The facts that it was posted in due course, and was not returned through the Dead Letter Office, are releva nt. 1. Ins. by Act 3 of 1891, s. 2. 19 ADMISSIONS 17. Admission defined. An admission is a statement, 1[oral or documentary or contained in electronic form], which suggests any inference as t o any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. 18. Admission by party to proceeding or his agent. Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him t o make them, are admissions. by suitor in representative character. Statements made by parties to suits suing or sued in a representative character, are not admissions, unles s they were made while the party making them held t hat character. Statements made by (1) by party interested in subject-matter. persons who have any proprietary or pecuniary int erest in the subject-matter of the proceeding, and who ma ke the statement in their character of persons so interested, or (2) by person from whom interest derived. persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continu ance of the interest of the persons making the statements. 19. Admissions by persons whose position must be pr oved as against party to suit. Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit , are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liabil ity. Illustration A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admissio n, and is a relevant fact as against A, if A denies that C did owe rent to B. 20. Admissions by persons expressly referred to by party to suit . Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration The question is, whether a horse sold by A to B is sound. A says to B Go and ask C, C knows all about it. Cs statement is an admission. 21. Proof of admissions against persons making them , and by or on their behalf .Admissions are relevant and may be proved as against the perso n who makes them, or his representative in interest ; 1. Subs. by Act 21 of 2000, s. 92 and the Second Sc hedule, for oral or documentary, (w.e.f. 17-10-20 00). 20 but they cannot be proved by or on behalf of the pe rson who makes them or by his representative in interest, except in the following cases: (1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would b e relevant as between third persons under section 3 2. (2) An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the ti me when such state of mind or body existed, and is acc ompanied by conduct rendering its falsehood improbable. (3) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. Illustrations (a) The question between A and B is whether a certain deed is or is not forged. A affirms that it is gen uine, B that it is forged. A may prove a statement by B that the deed is genui ne, and B may prove a statement by A that deed is f orged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by him self that the deed is forged. (b) A, the captain of a ship, is tried for casting he r away. Evidence is given to show that the ship was taken o ut of her proper course. A produces a book kept by him in the ordinary cours e of his business showing observations alleged to h ave been taken by him from day to day, and indicating t hat the ship was not taken out of her proper course . A may prove these statements, because they would be admissible between third parties, if he were dead, under secti on 32, clause (2). (c) A is accused of a crime committed by him at Calcu tta. He produces a letter written by himself and dated a t Lahore on that day, and bearing the Lahore post-m ark of that day. The statement in the date of the letter is admissib le, because, if A were dead, it would be admissible under section 32, clause ( 2). (d) A is accused of receiving stolen goods knowing th em to be stolen. He offers to prove that he refused to sell them bel ow their value. A may prove these statements, though they are admis sions, because they are explanatory of conduct infl uenced by facts in issue. (e) A is accused of fraudulently having in his posses sion counterfeit coin which he knew to be counterfe it. He offers to prove that he asked a skilful person t o examine the coin as he doubted whether it was cou nterfeit or not, and that that person did examine it and told h im it was genuine. A may prove these facts for the reasons stated in t he last preceding illustration . 22. When oral admissions as to contents of document s are relevant. Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he 21 is entitled to give secondary evidence of the conte nts of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. 1[22A. When oral admission as to contents of electron ic records are relevant. Oral admissions as to the contents of electronic records are not re levant, unless the genuineness of the electronic re cord produced is in question.] 23. Admissions in civil cases when relevant. In civil cases no admission is relevant, if it is made either upon an express condition that evidence of i t is not to be given, or under circumstances from w hich the Court can infer that the parties agreed togethe r that evidence of it should not be given. Explanation .Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which h e may be compelled to give evidence under section 126. 24. Confession caused by inducement, threat or prom ise, when irrelevant in criminal proceeding .A confession made by an accused person is irrele vant in a criminal proceeding, if the making of the confession appears to the Court to ha ve been caused by any inducement, threat or 2promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give th e accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. 25. Confession to police-officer not to be proved. No confession made to a police-officer 3, shall be proved as against a person accused of any offenc e. 26. Confession by accused while in custody of polic e not to be proved against him. No confession made by any person whilst he is in the c ustody of a police-officer, unless it be made in th e immediate presence of a Magistrate 4, shall be proved as against such person. 5[Explanation .In this section Magistrate does not include th e head of a village discharging magisterial functions in the Presidency of Fort St. George 6*** or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate un der the Code of Criminal Procedure, 1882 7 (10 of 1882).] 27. How much of information received from accused m ay be proved. Provided that, when any fact is deposed to as discovered inconsequence of i nformation received from a person accused of any offence, in the custody of a police-officer, so muc h of such information, whether it amounts to a confession or not, as relates distinctly to the fac t thereby discovered, may be proved. 28. Confession made after removal of impression cau sed by inducement, threat or promise, relevant. If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opin ion of the Court, been fully removed, it is relevan t. 29. Confession otherwise relevant not to become irr elevant because of promise of secrecy, etc. If such a confession is otherwise relevant, it do es not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which 1. Ins. by Act 21 of 2000, s. 92 and the Second Sch edule (w.e.f. 17-10-2000). 2. For prohibition of such inducements, etc., see the Code of Criminal Procedure, 1973 (Act of 1974), s. 316. 3. As to statements made to police-officer investig ating a case, see s. 162, ibid . 4. A coroner has been declared to be a Magistrate f or the Purposes of this section, see the coroners Act, 1871(Act 4 of 1871), s. 20. 5. Ins. by Act 3 of 1891, s. 3. 6. The words or in Burma rep. by the A.O. 1937. 7. See now the Code of Criminal Procedure, 1973 (Act 2 of 19 74). 22 he need not have answered, whatever may have been t he form of those questions, or because he was not warned that he was not bound to make such confessio n, and that evidence of it might be given against him. 30. Consideration of proved confession affecting pe rson making it and others jointly under trial for same offence. When more persons than one are being tried jointl y for the same offence, and a confession made by one of such persons affecting hi mself and some other of such persons is proved, the Court may take into consideration such confession a s against such other person as well as against the person who makes such confession. 1[Explanation .Offence, as used in this section, includes the ab

the person who makes such confession. 1[Explanation .Offence, as used in this section, includes the abetment of, or attempt to commit, the offence.]2 Illustrations (a) A and B are jointly tried for the murder of C. It is proved that A saidB and I murdered C. The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is e vidence to show that C was murdered by A and B, and that B said A and I murdered C. This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. 31. Admissions not conclusive proof, but may estop. Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained. STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES 32. Cases in which statement of relevant fact by pe rson who is dead or cannot be found, etc., is relevant. Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving eviden ce, or whose attendance cannot be procured without an amount of delay or expense which under the circumst ances of the case appears to the Court unreasonable , are themselves relevant facts in the following cases: (1) When it relates to cause of death. When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that persons death comes into questio n. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and wha tever may be the nature of the proceeding in which the cause of his death comes into question. (2) or is made in course of business. When the statement was made by such person in the ordinary course of business, and in particular when it consi sts of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledg ement written or signed by him of the receipt of money, g oods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usual ly dated, written or signed by him. (3) or against interest of maker. When the statement is against the pecuniary or pr oprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages. 1. Ins. by Act 3 of 1891, s. 4. 2. Cf . the Indian Penal Code (Act 45 of 1860), Explanation 4 to s. 108. 23 (4) or gives opinion as to public right or custom, or m atters of general interest. When the statement gives the opinion of any such person, as to the existence of any public right or custom or m atter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen. (5) or relates to existence of relationship. When the statement relates to the existence of an y relationship 1[by blood, marriage or adoption] between persons as to whose relationship 1[by blood, marriage or adoption] the person making the stateme nt had special means of knowledge, and when the statement was made before the question in dispute w as raised. (6) or is made in will or deed relating to family affa irs.When the statement relates to the existence of any relationship 1[by blood, marriage or adoption] between persons de ceased, and is made in any will or deed relating to the affairs of the fam ily to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements ar e usually made, and when such statement was made befo re the question in dispute was raised. (7) or in document relating to transaction mentioned in section 13, clause ( a).When the statement is contained in any deed, will or other d ocument which relates to any such transaction as is mentioned in section 13, clause ( a). (8) or is made by several persons and expresses feeling s relevant to matter in question. When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question. Illustrations (a) The question is, whether A was murdered by B; or A dies of injuries received in a transaction in th e course of which she was ravished. The question is whether she was ravished by B; or The question is, whether A was killed by B under s uch circumstances that a suit would lie against B b y As widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the ra pe and the actionable wrong under consideration, are relev ant facts. (b) The question is as to the date of As birth. An entry in the diary of a deceased surgeon regula rly kept in the course of business, stating that, o n a given day he attended As mother and delivered her of a son, is a relevant fact. (c) The question is, whether A was in Calcutta on a g iven day. A statement in the diary of a deceased solicitor, r egularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned, in C alcutta, for the purpose of conferring with him upo n specified business, is a relevant fact. (d) The question is, whether a ship sailed from Bomba y harbour on a given day. A letter written by a deceased member of a merchant s firm by which she was chartered to their corresp ondents in London, to whom the cargo was consigned, stating that the ship sailed on a given day from Bombay ha rbour, is a relevant fact. 1. Ins. by Act 18 of 1872, s. 2. 24 (e) The question is, whether rent was paid to A for c ertain land. A letter from As deceased agent to A, saying that he had received the rent on As account and held it at As orders is a relevant fact. (f) The question is, whether A and B were legally mar ried. The statement of a deceased clergyman that he marri ed them under such circumstances that the celebrati on would be a crime, is relevant. (g) The question is, whether A, a person who cannot b e found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day is relev ant. (h) The question is, what was the cause of the wreck of a ship. A protest made by the Captain, whose attendance can not be procured, is a relevant fact. (i) The question is, whether a given road is a public way. A statement by A, a deceased headman of the village , that the road was public, is a relevant fact. (j) The question is, what was the price of grain on a certain day in a particular market. A statement of the price, made by a deceased banya in the ordinary course of his business, is a releva nt fact. (k) The question is, whether A, who is dead, was the father of B. A statement by A that B was his son, is a relevant fact. (l) The question is, what was the date of the birth o f A. A letter from As deceased father to a friend, anno uncing the birth of A on a given day, is a relevant fact. (m) The question is, whether, and when, A and B were married. An entry in a memorandum book by C, the deceased fa ther of B, of his daughters marriage with A on a g iven date, is a relevant fact. (n) A sues B for a libel expressed in a painted caric ature exposed in a shop window. The question is as to the similarity of the caricature and its libellous char acter. The remarks of a crowd of spectators on thes e points may be proved. 33. Relevancy of certain evidence for proving, in s ubsequent proceeding, the truth of facts therein stated .Evidence given by a witness in a judicial procee ding, or before any person authorised by law to take it, is relevant for the purpose of p roving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dea d or cannot be found, or is incapable of giving evidence , or is kept out of the way by the adverse party, o r if his presence cannot be obtained without an amount o f delay or expense which, under the circumstances o f the case, the Court considers unreasonable: Provided that the proceeding was between the same parties or their representatives in interest; that the advers e party in the first proceeding had the right and opp ortunity to cross-examine; that the questions in issue were substantially the same in the first as in the second proceeding. Explanation. A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. 25 STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES 34. Entries in books of account when relevant. 1[Entries in the books of account, including those maintained in an electronic form], regularly kept i n the course of business, are relevant whenever the y refer to a matter into which the Court has to inqui re, but such statements shall not alone be sufficie nt evidence to charge any person with liability. Illustration A sues B for Rs. 1,000, and shows entries in his ac count books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, w ithout other evidence, to prove the debt. 35. Relevancy of entry in public record made in per formance of duty . An entry in any public or other official book, register or 2[record or an electronic record], stating a fact in issue or relevant fact, and made by a public servant in the discharge of his of ficial duty, or by any other person in performance of a duty specially enjoined by the law of the country i n which such book, register or 2[record or an electronic record], is kept, is itself a relevant fact. 36. Relevancy of statements in maps, charts and pla ns. Statements of facts in issue or relevant facts, made in published maps or charts generally o ffered for public sale, or in maps or plans made un der the authority of 3[the Central Government or any State Government], a s to matters usually represented or stated in such maps, charts or plans, are themselve s relevant facts. 37. Relevancy of statement as to fact of public nat ure contained in certain Acts or notifications. When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament 4[of the United Kingdom] or in any 5[Central Act, Provincial Act or 6[a State Act] or in a Government notification or no tification by the Crown Representative appearing in the Official Gaze tte or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dom inion, colony or possession of his Majesty is a relevant fact]. 7* * * * * 38. Relevancy of statements as to any law contained in law-books .When the Court has to form an opinion as to a law of any country, any statemen t of such law contained in a book purporting to be printed or published under the authority of the Gov ernment of such country and to contain any such law , and any report of a ruling of the Courts of such co untry contained in a book purporting to be a report of such rulings, is relevant. HOW MUCH OF A STATEMENT IS TO BE PROVED 8[39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or pap ers. When any statement of which evidence is given 1. Subs. by Act 21 of 2000, s. 92 and the Second Sc hedule, for entries in the books of account (w.e. f. 17-10-2000). 2. Subs. by s. 92 and the Second Schedule, ibid ., for record (w.e.f. 17-10-2000). 3. Subs. by the A.O. 1948, for any Government in B ritish India. 4. Ins. by the A. O. 1950. 5. The original words were Act of the Governor Gen eral of India in Council or of the Governors in Cou ncil of Madras or Bombay, or of the Lieutenant Governor in Council of Bengal, or in a notification of the Gove rnment appearing in the Gazette of India, or in the Gazett e of any L.G., or in any printed paper purporting t o be the London Gazette or the Government Gazette of any col ony or possession of the Queen, is a relevant fact . This was amended first by the Repealing and Amending Act , 1914 (10 of 1914), and then by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above. 6. Subs. by Act 3 of 1951, s. 3 and the Schedule, f or an Act of the Legislature of a Part A State or a Part C State. 7. The last paragraph omitted by Act 10 of 1914, s. 3 and the Second Schedule. 8. Subs. by Act 21 of 2000, s. 92 and the Second Sc hedule, for s. 39 (w.e.f. 17-10-2000). 26 forms part of a longer statement, or of a conversat ion or part of an isolated document, or is containe d in a document which forms part of a book, or is containe d in part of electronic record or of a connected se ries of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of lett ers or papers as the Court considers necessary in t hat particular case to the full understanding of the na ture and effect of the statement, and of the circum stances under which it was made.] JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT 40. Previous judgments relevant to bar a second sui t or trial. The existence of any judgment, order or decree which by law prevents any Court fro m taking cognizance of a suit or holding a trial, i s a relevant fact when the question is whether such Cou rt ought to take cognizance of such suit or to hold such trial. 41. Relevancy of certain judgments in probate, etc. , jurisdiction .A final judgment, order or dec

41. Relevancy of certain judgments in probate, etc. , jurisdiction .A final judgment, order or decree of a competent Court, in the exercise of pro bate, matrimonial, admiralty or insolvency jurisdic tion, which confers upon or takes away from any person an y legal character, or which declares any person to be entitled to any such character, or to be entitle d to any specific thing, not as against any specifi ed person but absolutely, is relevant when the existence of a ny such legal character, or the title of any such p erson to any such thing, is relevant. Such judgment, order or decree is conclusive proof that any legal character which it confers accrued a t the time when such judgment, order or decree came into operation; that any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment 1[order or decree] declares it to have accrued to th at person; that any legal character which it takes away from a ny such person ceased at the time from which such judgment, 1[order or decree] declared that it had ceased or sh ould cease; and that anything to which it declares any person t o be so entitled was the property of that person at the time from which such judgment, 1[order or decree] declares that it had been or shou ld be his property. 42. Relevancy and effect of judgments, orders or de crees, other than those mentioned in section 41. Judgments, orders or decrees other than those me ntioned in section 41 are relevant if they relate to matters of a public nature relevant to th e enquiry; but such judgments, orders or decrees ar e not conclusive proof of that which they state. Illustration A sues B for trespass on his land. B alleges the ex istence of a public right of way over the land, whi ch A denies. The existence of a decree in favour of the defendan t, in a suit by A against C for a trespass on the s ame land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof th at the right of way exists. 43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant. Judgments, orders or decrees, other than those ment ioned in sections 40, 41 and 42, are irrelevant, un less the existence of such judgment, order or decree is a fact in issue, or is relevant under some other pr ovision of this Act. 1. Ins. by Act 18 of 1872, s. 3. 27 Illustrations (a) A and B separately sue C for a libel which reflec ts upon each of them. C in each case says that the matter alleged to be libellous is true, and the cir cumstances are such that it is probably true in eac h case, or in neither. A obtains a decree against C for damages on the gro und that C failed to make out his justification. The fact is irrelevant as between B and C. (b) A prosecutes B for adultery with C, As wife. B denies that C is As wife, but the Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during As lifetime. C says that she never was As wife. The judgment against B is irrelevant as against C. (c) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had sold t o him before his conviction. As between A and C, the judgment against B is irrelevant. (d) A has obtained a decree for the possession of lan d against B. C, Bs son, murders A in consequence. The existence of the judgment is relevant, as showi ng motive for a crime. 1[(e) A is charged with theft and with having been prev iously convicted of theft. The previous conviction is relevant as a fact in issue. (f) A is tried for the murder of B. The fact that B p rosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing th e motive for the fact in issue.] 44. Fraud or collusion in obtaining judgment, or in competency of Court, may be proved. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion. OPINIONS OF THIRD PERSONS WHEN RELEVANT 45. Opinions of experts .When the Court has to form an opinion upon a poi nt of foreign law or of science, or art, or as to identity of handwriting 2[or finger impressions], the opinions upon that poi nt of persons specially skilled in such foreign law, scie nce or art, 3[or in questions as to identity of handwriting] 2[or finger impressions] are relevant facts. Such persons are called experts. Illustrations (a) The question is, whether the death of A was cause d by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant. 1. Ins. by Act 3 of 1891, s. 5. 2. Ins. by Act 5 of 1899, s. 3 for discussion in Co uncil as to whether finger impressions include t humb impressions see Gazette of India, 1898, pt.VI, p. 24. 3. Ins. by Act 18 of 1872, s. 4. 28 (b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, o r that he was doing what was either wrong or contra ry to law. The opinions of experts upon the question whether t he symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness o f mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contr ary to law, are relevant. (c) The question is, whether a certain document was w ritten by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant. 1[45A. Opinion of Examiner of Electronic Evidence. When in a proceeding, the court has to form an opinion on any matter relating to any informatio n transmitted or stored in any computer resource or any other electronic or digital form, the opinion o f the Examiner of Electronic Evidence referred to i n section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact. Explanation .For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.] 46. Facts bearing upon opinions of experts. Facts, not otherwise relevant, are relevant if th ey support or are inconsistent with the opinions of ex perts, when such opinions are relevant. Illustrations (a) The question is, whether A was poisoned by a cert ain poison. The fact that other persons, who were poisoned by t hat poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that p oison, is relevant. (b) The question is, whether an obstruction to a harb our is caused by a certain sea-wall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant. 47. Opinion as to hand-writing, when relevant. When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not writte n or signed by that person, is a relevant fact. Explanation .A person is said to be acquainted with the hand- writing of another person when he has seen that person write, or when he has received doc uments purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, i n the ordinary course of business, documents purporti ng to be written by that person have been habituall y submitted to him. 1. Ins. by Act 10 of 2009, s. 52 (w.e.f. 27-10-2009 ). 29 Illustration The question is, whether a given letter is in the h and-writing of A, a merchant in London. B is a merchant in Calcutta, who has written letter s addressed to A and received letters purporting to be written by him. C, is Bs clerk whose duty it wa s to examine and file Bs correspondence. D is Bs broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising with him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write. 1[47A. Opinion as to digital signature, when relevan t. When the Court has to form an opinion as to the 2[electronic signature of any person, the opinion of the Certifying Authority which has issued the 3[electronic Signature Certificate] is a relevant fa ct.] 48. Opinion as to existence of right or custom, whe n relevant. When the Court has to form an opinion as to the existence of any general custom o r right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. Explanation .The expression general custom or right include s customs or rights common to any considerable class of persons. Illustration The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section. 49. Opinion as to usages, tenets, etc., when releva nt. When the Court has to form an opinion as to the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used in particular di stricts or by particular classes of people, the opinions of persons having special means of kno wledge thereon are, relevant facts. 50. Opinion on relationship, when relevant. When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledg e on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 1869 (4 of 1869), or in prosecutions u nder section 494, 495, 497 or 498 of the Indian Pen al Code (45 of 1860). Illustrations (a) The question is, whether A and B, were married. The fact that they were usually received and treate d by their friends as husband and wife, is relevant . 1. Ins. by Act 21 of 2000, s. 92 and the Second Sch edule (w.e.f. 17-10-2000). 2. Subs. by Act 10 of 2009, s. 52, for digital sig nature (w.e.f. 27-10-2009). 3. Subs. by s 52, ibid ., for Digital Signature Certificate (w.e.f. 27-1 0-2009). 30 (b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant. 51. Grounds of opinion, when relevant. Whenever the opinion of any living person is rele vant, the grounds on which such opinion is based are also rel evant. Illustration An expert may give an account of experiments perfor med by him for the purpose of forming his opinion. CHARACTER WHEN RELEVANT 52. In civil cases character to prove conduct imput ed, irrelevant .In civil cases, the fact that the character of any person concerned is such as to ren der probable or improbable any conduct imputed to him, is irrelevant, except in so far as such charac ter appears from facts otherwise relevant. 53. In criminal cases previous good character relev ant. In criminal proceedings, the fact that the person accused is of a good character, is relevant. 1[53A. Evidence of character or previous sexual exper ience not relevant in certain cases . In a prosecution for an offence under section 354, secti on 354A, section 354B, section 354C, section 354D, section 376, 2[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such persons previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.] 3[54. Previous bad character not relevant, except in reply. In criminal proceedings, the fact that the accused person has a bad character, is irreleva nt, unless evidence has been given that he has a go od character, in which case it becomes relevant. Explanation 1 .This section does not apply to cases in which th e bad character of any person is itself a fact in issue. Explanation 2. A previous conviction is relevant as evidence of bad character.] 55. Character as affecting damages . In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ou ght to receive, is relevant. Explanation. In sections 52, 53, 54 and 55, the word charact er includes both reputation and disposition; but, 4[except as provided in section 54], evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown. PART II ON PROOF CHAPTER III.F ACTS WHICH NEED NOT BE PROVED 56. Fact judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved. 57. Facts of which Court must take judicial notice. The Court shall take judicial notice of the following facts: 5[( 1) All laws in force in the territory of India;]

Court shall take judicial notice of the following facts: 5[( 1) All laws in force in the territory of India;] 1. Ins. by Act 13 of 2013, s. 25 (w.e.f. 3-2-2013) 2. Subs. by Act 22 of 2018, s. 8, for section 376A , section 376B, section 376C, section 376D (w.e.f. 21-4-2018). 3. Subs. by Act 3 of 1891, s. 6 for section 54. 4. Ins. by s. 7, ibid . 5. Subs. by the A. O. 1950, for the clause ( 1). 31 (2) All public Acts passed or hereafter to be passed by Parliament 1[of the United Kingdom], and all local and personal Acts directed by Parliament 1[of the United Kingdom] to be judicially noticed; (3) Articles of War for 2[the Indian] Army 3[Navy or Air Force] 4[( 4) The course of proceeding of Parliament of the Uni ted Kingdom, of the Constituent Assembly of India, of Parliament and of the legisla tures established under any laws for the time being in force in a Province or in the States] (5) The accession and the sign manual of the Sovereig n for the time being of the United Kingdom of Great Britain and Ireland; (6) All seals of which English Courts take judicial n otice: the seals of all the 5[Courts in 6[India]] and of all Courts out of 6[India] established by the authority of 7[the Central Government or the Crown Representative]; the seals of Courts of Admir alty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorise d to use by 8[the Constitution or an Act of Parliament of the United Kingdom or an] Act or Regu lation having the force of law in 6[India]; (7) The accession to office, names, titles, functions , and signatures of the persons filling for the time being any public office in any State, if the f act of their appointment to such office is notified in 9[any Official Gazette]; (8) The existence, title and national flag of every S tate or Sovereign recognised by 10 [the Government of India]; (9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette; (10 ) The territories under the dominion of 10[the Government of India]; (11 ) The commencement, continuance and termination of hostilities between 10[the Government of India] and any other State or body of persons; (12 ) The names of the members and officers of the Cour t, and of their deputies and subordinate officers and assistants, and also of all officers a cting in execution of its process, and of all advoc ates, attorneys, proctors, vakils, pleaders and other per sons authorised by law to appear or act before it; (13 ) The rule of the road 11 [on land or at sea]. In all these cases and also on all matters of publi c history, literature, science or art, the Court ma y resort for its aid to appropriate books or document s of reference. If the Court is called upon by any person to take j udicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so. 1. Subs. by the A.O. 1950, for the clause ( 2). 2. Subs. ibid ., for her Majestys. 3. Subs. by Act 10 of 1927, s. 2 and the First Sche dule, for or Navy. 4. Subs. by the A.O. 1950, for the Former para. ( 4). 5. Subs. by the A.O. 1948, for Courts of British I ndia. 6. Subs. by Act 3 of 1951, s. 3 and the Schedule, f or the States. 7. Subs. by the A.O. 1937, for the G.G. or any L.G . in Council. 8. Subs. by the A.O. 1950, for any Act of Parliame nt or other. 9. Subs. by the A.O. 1937, for the Gazette of Indi a or in the Official Gazette of any L.G.. 10. Subs. by the A.O. 1950, for the British Crown . 11. Ins. by Act 18 of 1872, s. 5. 32 58. Facts admitted need not be proved .No fact need be proved in any proceeding which t he parties thereto or their agents agree to admit at t he hearing, or which, before the hearing, they agre e to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the Court may, in its discretion, req uire the facts admitted to be proved otherwise than by such admissions. CHAPTER IV. O F ORAL EVIDENCE 59. Proof of facts by oral evidence. All facts, except the 1[contents of documents or electronic records], may be proved by oral evidence. 60. Oral evidence must be direct. Oral evidence must, in all cases whatever, be d irect; that is to say if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it mus t be the evidence of a witness who says he heard it; if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; if it refers to an opinion or to the grounds on whi ch that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be pro ved by the production of such treatises if the author is dead or cannot be found, or has become in capable of giving evidence, or cannot be called as a witness without an amount of delay or expense whi ch the Court regards as unreasonable: Provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, r equire the production of such material thing for it s inspection. CHAPTER V. O F DOCUMENTARY EVIDENCE 61. Proof of contents of documents . The contents of documents may be proved either by primary or by secondary evidence. 62. Primary evidence. Primary evidence means the document itself prod uced for the inspection of the Court. Explanation 1. Where a document is executed in several parts , each part is primary evidence of the document. Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 2. Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is pr imary evidence of the contents of the rest; but, wh ere they are all copies of a common original, they are not primary evidence of the contents of the origina l. 1. Subs. by Act 21 of 2000, s. 92 and the Second Sc hedule, for Contents of documents (w.e.f. 17-10-2 000). 33 Illustration A person is shown to have been in possession of a n umber of placards, all printed at one time from one original. Any one of the placards is primary ev idence of the contents of any other, but no one of them is primary evidence of the contents of the original . 63. Secondary evidence . Secondary evidence means and includes (1) certified copies given under the provisions herei nafter contained; (2) copies made from the original by mechanical proce sses which in themselves insure the accuracy of the copy, and copies compared with such copies; (3) copies made from or compared with the original; (4) counterparts of documents as against the parties who did not execute them; (5) oral accounts of the contents of a document given by some person who has himself seen it. Illustrations (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photograph ed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the cop y made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards co mpared with the original, is secondary evidence; but the copy not so compared is not secon dary evidence of the original, although the copy fr om which it was transcribed was compared with the orig inal. (d) Neither an oral account of a copy compared with t he original, nor an oral account of a photograph or machine-copy of the original, is secondary evide nce of the original. 64. Proof of documents by primary evidence. Documents must be proved by primary evidence except in the cases hereinafter mentioned. 65. Cases in which secondary evidence relating to d ocuments may be given. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases: (a) when the original is shown or appears to be in th e possession or power of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, t he process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such person does not produce it; (b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest; (c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising f rom his own default or neglect, produce it in reasonable time; (d) when the original is of such a nature as not to b e easily movable; (e) when the original is a public document within the meaning of section 74; 34 (f) when the original is a document of which a certif ied copy is permitted by this Act, or by any other law in force in 1[India] to be given in evidence; (g) when the originals consist of numerous accounts o r other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection. In cases ( a), ( c) and ( d), any secondary evidence of the contents of the do cument is admissible. In case ( b), the written admission is admissible. In case ( e) or ( f), a certified copy of the document, but no other k ind of secondary evidence, is admissible. In case ( g), evidence may be given as to the general result o f the documents by any person who has examined them, and who is skilled in the examin ation of such documents. 2[65A. Special provisions as to evidence relating to electronic record. The contents of electronic records may be proved in accordance with the provis ions of section 65B. 65B. Admissibility of electronic records. (1) Notwithstanding anything contained in this Act, any information contained in an electronic record w hich is printed on a paper, stored, recorded or cop ied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the condi tions mentioned in this section are satisfied in re lation to the information and computer in question and sha ll be admissible in any proceedings, without furthe r proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section ( 1) in respect of a computer output shall be the following, namely: (a) the computer output containing the information wa s produced by the computer during the period over which the computer was used regularly t o store or process information for the purposes of any activities regularly carried on ove r that period by the person having lawful control over the use of the computer; (b) during the said period, information of the kind c ontained in the electronic record or of the kind from which the information so contained is der ived was regularly fed into the computer in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and (d) the information contained in the electronic recor d reproduces or is derived from such information fed into the computer in the ordinary c ourse of the said activities. (3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that perio d as mentioned in clause ( a) of sub-section ( 2) was regularly performed by computers, whether (a) by a combination of computers operating over that period; or 1. Subs. by Act 3 of 1951, s. 3 and the Schedule, f or the States. 2. Ins. by Act 21 of 2000, s. 92 and the Second Sch edule (w.e.f. 17-10-2000). 35 (b) by different computers operating in succession ov er that period; or (c) by different combinations of computers operating in succession over that period; or (d) in any other manner involving the successive oper ation over that period, in whatever order, of one or more computers and one or more com binations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and refe rences in this section to a computer shall be construed accordingly. (4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, th at is to say, (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing th at the electronic record was produced by a computer; (c) dealing with any of the matters to which the cond itions mentioned in sub-section ( 2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter

the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this s ub- section it shall be sufficient for a matter to be s tated to the best of the knowledge and belief of th e person stating it. (5) For the purposes of this section, (a) information shall be taken to be supplied to a co mputer if it is supplied thereto in any appropriate form and whether it is so supplied dire ctly or (with or without human intervention) by means of any appropriate equipment; (b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the pur poses of those activities by a computer operated otherwise than in the course of those activities, t hat information, if duly supplied to that computer, shall be taken to be supplied to it in th e course of those activities; (c) a computer output shall be taken to have been pro duced by a computer whether it was produced by it directly or (with or without human i ntervention) by means of any appropriate equipment. Explanation .For the purposes of this section any reference t o information being derived from other information shall be a reference to its being deriv ed therefrom by calculation, comparison or any othe r process.] 66. Rules as to notice to produce. Secondary evidence of the contents of the document s referred to in section 65, clause ( a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possessi on or power the document is, 1[or to his attorney or 1. Ins. by Act 18 of 1872, s. 6. 36 pleader,] such notice to produce it as is prescribe d by law; and if no notice is prescribed by law, th en such notice as the Court considers reasonable under the circumstances of the case: Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it: (1) when the document to be proved is itself a notice ; (2) when, from the nature of the case, the adverse pa rty must know that he will be required to produce it; (3) when it appears or is proved that the adverse par ty has obtained possession of the original by fraud or force; (4) when the adverse party or his agent has the origi nal in Court; (5) when the adverse party or his agent has admitted the loss of the document; (6) when the person in possession of the document is out of reach of, or not subject to, the process of the Court. 67. Proof of signature and handwriting of person al leged to have signed or written document produced. If a document is alleged to be signed or to hav e been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person s handwriting must be proved to be in his handwriting . 1[67A. Proof as to 2[electronic signature]. Except in the case of a secure 2[electronic signature] , if the 2[electronic signature] of any subscriber is alleged to have been affixed to an electronic record the fact that such 2[electronic signature] is the 2[electronic signature] of the subscriber must be proved.] 68. Proof of execution of document required by law to be attested. If a document is required by law to be attested, it shall not be used as evidenc e until one attesting witness at least has been cal led for the purpose of proving its execution, if there be a n attesting witness alive, and subject to the proce ss of the Court and capable of giving evidence: 3[Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been register ed in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its exe cution by the person by whom it purports to have be en executed is specifically denied.] 69. Proof where no attesting witness found. If no such attesting witness can be found, or if the document purports to have been executed in the Unit ed Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwritin g, and that the signature of the person executing t he document is in the hand writing of that person. 70. Admission of execution by party to attested doc ument. The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against hi m, though it be a document required by law to be attes ted. 71. Proof when attesting witness denies the executi on. If the attesting witness denies or does not recollect the execution of the document, its execut ion may be proved by other evidence. 72. Proof of document not required by law to be att ested. An attested document not required by law to be attested may be proved as if it was unatt ested. 1. Ins. by Act 21 of 2000, s. 92 and the Second Sch edule (w.e.f. 17-10-2000). 2. Subs. by Act 10 of 2009, s. 52, for digital sig nature (w.e.f. 27-10-2009). 3. Ins. by Act 31 of 1926, s. 2. 37 73. Comparison of signature, writing or seal with o thers admitted or proved. In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal ad mitted or proved to the satisfaction of the Court t o have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced o r proved for any other purpose. The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to hav e been written by such person. 1[This section applies also, with any necessary modi fications, to finger-impressions.] 2[73A. Proof as to verification of digital signature .In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct (a) that person or the Controller or the Certifying A uthority to produce the Digital Signature Certificate; (b) any other person to apply the public key listed i n the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person. Explanation. For the purposes of this section, Controller mean s the Controller appointed under sub-section ( 1) of section 17 of the Information Technology Act, 2000 (21 of 2000).] PUBLIC DOCUMENTS 74. Public documents. The following documents are public documents: (1) Documents forming the acts, or records of the act s (i) of the sovereign authority, (ii ) of official bodies and tribunals, and (iii ) of public officers, legislative, judicial and exe cutive, 3[of any part of India or of the Commonwealth], or of a foreign country; (2) Public records kept 4[in any State] of private documents. 75. Private documents. All other documents are private. 76. Certified copies of public documents .Every public officer having the custody of a pub lic document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated an d subscribed by such officer with his name and his of ficial title, and shall be sealed, whenever such of ficer is authorized by law to make use of a seal; and suc h copies so certified shall be called certified cop ies. Explanation. Any officer who, by the ordinary course of offici al duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section. 77. Proof of documents by production of certified c opies. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purpor t to be copies. 1. Ins. by Act 5 of 1899, s. 3. 2. Ins. by Act 21 of 2000, s. 92 and the Second Sch edule (w.e.f. 17-10-2000). 3. The original words whether of British India, or of any other part of Her Majestys Dominios have successively been amended by the A.O. 1948 and the A.O. 1950 to read as above. 4. Subs. by the A.O. 1950, for in any Province. 38 78. Proof of other official documents. The following public documents may be proved as follows: (1) Acts, orders or notifications of 1[the Central Government] in any of its departments, 2[or of the Crown Representative] or of any State Government or any department of any State Government, by the records of the departments, certified by the head of those departments respectively, or by any document purporting to be printed by orde r of any such Government 3[or, as the case may be, of the Crown Representative]; (2) the proceedings of the Legislatures, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed 3[by order of the Government concerned]; (3) proclamations, orders or regulations issued by 4[Her Majesty] or by the Privy Council, or by any department of 4[Her Majestys Government, by copies or extracts contained in the London Gazet te, or purporting to be printed by the Queens Printer; (4) the Acts of the Executive or the proceedings of t he Legislature of a foreign country, by journals published by their authority, or common ly received in that country as such, or by a copy certified under the seal of the country or s overeign, or by a recognition thereof in some 5[Central Act]: (5) the proceedings of a municipal body in 6[a State], by a copy of such proceedings, certified by the leg al keeper thereof, or by a printed book purporting to be published by the authority of such body; (6) public documents of any other class in a foreign country, by the original, or by a copy certified by the lega l keeper thereof, with a certificate under the seal of a Notary Public, or of 7[an Indian Consul] or diplomatic agent, that the co py is duly certified by the officer having the legal custody o f the original, and upon proof of the character of the document according to the law of the foreign co untry. PRESUMPTIONS AS TO DOCUMENTS 79. Presumption as to genuineness of certified copi es. The Court shall presume 8[to be genuine] every document purporting to be a certificate, cert ified copy or other document, which is by Law decla red to be admissible as evidence of any particular fact , and which purports to be duly certified by any of ficer 9[of the Central Government or of a State Government , or by any officer 10 [in the State of Jammu and Kashmir] who is duly authorized thereto by the Cent ral Government]: 1. Subs. by the A.O. 1937, for the Executive Gover nment of British India. 2. Ins. ibid . 3. Subs. ibid ., for by order of Government.. 4. The words her Majesty shall stand unmodified, vide the A.O. 1950. 5. Subs. by the A.O. 1937, for public Act of the G overnor General of India in Council. 6. Subs. by the A.O. 1950, for a Province. 7. Subs. by ibid ., for a British Consul. 8. Ins. by the A.O. 1948. 9. The original words beginning from in British In dia and ending with the words to be genuine have been successively amended by the A.O. 1937, the A.O. 194 8 and the A.O. 1950 to read as above. 10. Subs. by Act 3 of 1951, s. 3 and the Schedule, for in a Part B State. 39 Provided that such document is substantially in th e form and purports to be executed in the manner directed by law in that behalf. The Court shall also presume that any officer by wh om any such document purports to be signed or certified, held, when he signed it, the official ch aracter which he claims in such paper. 80. Presumption as to documents produced as record of evidence. Whenever any document is produced before any Court, purporting to be a recor d or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proc eeding or before any officer authorized by law to t ake such evidence or to be a statement or confession by any prisoner or accused person, taken in accordanc e with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that the document is genuine; that any statements a s to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken. 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. The Court shall presume the genuineness of ever y document purporting to be the London Gazette or 1[any Official Gazette, or the Government Gazette] o f any colony, dependency or possession of the British Crown, or to be a newspaper or journ al, or to be a copy of a private Act of Parliament 2[of the United Kingdom] printed by the Queens Printer, and of every document purporting to be a document directed by any law to be kept by any person, if su ch document is kept substantially in the form requi red by law and is produced from proper custody. 3[81A. Presumption as to Gazettes in electronic form s. The Court shall presume the genuineness of every electronic record purporting to be the Off icial Gazette, or purporting to be electronic recor d directed by any law to be kept by any person, if su ch electronic record is kept substantially in the f orm required by law and is produced from proper custody .] 82. Presumption as to document admissible in Englan d without proof of seal or signature. When any document is produced before any Court, pur porting to be a document which, by the law in force for the time being in England or Ireland, wou l

before any Court, pur porting to be a document which, by the law in force for the time being in England or Ireland, wou ld be admissible in proof of any particular in any Court of Justice in England or Ireland, without proof of the seal or stamp or signature authenticating it, o r of the judicial or official character claimed by the perso n by whom it purports to be signed, the Court shall presume that such seal, stamp or signature is genui ne, and that the person signing it held, at the tim e when he signed it, the judicial or official character wh ich he claims, and the document shall be admissible for the same p urpose for which it would be admissible in England or Ireland. 83. Presumption as to maps or plans made by authori ty of Government. The Court shall presume that maps or plans purporting to be made by the authority of 4[the Central Government or any State Government] were so made, and are accurate; b ut maps or plans made for the purposes of any cause must be proved to be accurate. 84. Presumption as to collections of laws and repor ts of decisions. The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country. 1. Subs by the A.O. 1937, for the Gazette of India , or the Government Gazette of any L.G., or. 2. Ins. by the A.O. 1950. 3. Ins. by Act 21 of 2000, s. 92, and the Second Sc hedule (w.e.f. 17-10-2000). 4. The original word Government has successively been amended by the A.O. 1937, the A.O. 1948, Act 4 0 of 1949 and the A.O. 1950 to read as above. 40 85. Presumption as to powers-of-attorney. The Court shall presume that every document purporting to be a power-of-attorney, and to have b een executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, 1[Indian] Consul or Vice-Consul, or representative 2*** of the 3[Central Government], was so executed and authentic ated. 4[85A. Presumption as to electronic agreements. The Court shall presume that every electronic record purporting to be an agreement containing the 5[electronic signature] of the parties was so concluded by affixing the 5[electronic signature] of the parties. 85B. Presumption as to electronic records and 5[electronic signatures]. (1) In any proceedings involving a secure electronic record, the Court sha ll presume unless contrary is proved, that the secu re electronic record has not been altered since the sp ecific point of time to which the secure status rel ates. (2) In any proceedings, involving secure digital sign ature, the Court shall presume unless the contrary is proved that (a) the secure 5[electronic signature] is affixed by subscriber wit h the intention of signing or approving the electronic record; (b) except in the case of a secure electronic record or a secure 5[electronic signature], nothing in this section shall cerate any presumption, relating to authenticity and integrity of the electronic re cord or any 5[electronic signature ]. 85C. Presumption as to 6[Electronic Signature Certificates]. The Court shall presume, unless contrary is proved, that the information listed in a 6[Electronic Signature Certificate] is correct, exce pt for information specified as subscriber information whi ch has not been verified, if the certificate was accepted by the subscriber.] 86. Presumption as to certified copies of foreign j udicial records. The Court may presume that any document purporting to be a certified copy of a ny judicial record of 7[8* * * any country not forming part of India or] of Her Majestys Dominions is gen uine and accurate, if the document purports to be certified in any manner which is certified by any r epresentative of 9* * * the 3[Central Government] 10 [in or for] 11 [such country] to be the manner commonly in use in 12 [that country] for the certification of copies of judicial records. 13 [An officer who, with respect to 14 *** any territory or place not forming part of 15 [India or] Her Majestys Dominions, is a Political Agent there for , as defined in section 3, 16 [clause (43)], of the General 1. Subs. by the A.O. 1950, for British. 2. The Words of Her Majesty, or Rep . ibid . 3. Subs. by the A.O. 1937, for Government of India . 4. Ins. by Act 21 of 2000, s. 92, and the Second Sc hedule (w.e.f. 17-10-2000). 5. Subs. by Act 10 of 2009, s. 52( e), for digital signature (w.e.f. 27-10-2009). 6. Subs. by ibid., s. 52( f), for Digital Signature Certificate (w.e.f. 27.1 0.2009). 7. Subs. by the A.O. 1950, for any country not for ming part. 8. The words a Part B State or of omitted by Act 3 of 1951, s. 3 and the Schedule. 9. The words Her Majesty or of omitted by A.O. 19 50. 10. Subs. by Act 3 of 1891, s. 8, for resident in . 11. Subs. by Act 3 of 1951, s. 3 and the Schedule, for such Part B State or Country. 12. Subs. by s. 3 and the Schedule, ibid ., for that State or Country. 13. Subs. by Act 5 of 1899, s. 4, for the para add ed by Act 3 of 1891, s. 3. 14. The words a Part B State or ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedu le. 15. Ins. by the A.O. 1950. 16. Subs., ibid ., for clause ( 40 ). 41 Clauses Act, 1897 (10 of 1897), shall, for the purp oses of this section, be deemed to be a representat ive of the 1[Central Government] 2[in and for the country] comprising that territory or place]. 87. Presumption as to books, maps and charts. The Court may presume that any book to which it may refer for information on matters of public o r general interest, and that any published map or c hart, the statements of which are relevant facts, and whi ch is produced for its inspection, was written and published by the person, and at the time and place, by whom or at which it purports to have been writt en or published. 88. Presumption as to telegraphic messages. The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office fr om which the message purports to be sent; but the Court shall not make any presumption as to the pers on by whom such message was delivered for transmission. 3[88A. Presumption as to electronic messages. The Court may presume that an electronic message, forwarded by the originator through an ele ctronic mail server to the addressee to whom the message purports to be addressed corresponds with t he message as fed into his computer for transmissio n; but the Court shall not make any presumption as to the person by whom such message was sent. Explanation . For the purposes of this section, the express ions addressee and originator shall have the same meanings respectively assigned to the m in clauses ( b) and ( za ) of sub-section ( 1) of section 2 of the Information Technology Act, 2000 ( 21 of 2000).] 89. Presumption as to due execution, etc., of docum ents not produced. The Court shall presume that every document, called for and not produced af ter notice to produce, was attested, stamped and executed in the manner required by law. 90. Presumption as to documents thirty years old. Where any document, purporting or proved to be thirty years old, is produced from any custod y which the Court in the particular case considers proper, the Court may presume that the signature an d every other part of such document, which purports to be in the handwriting of any particular person, is in that persons handwriting, and, in the case o f a document executed or attested, that it was duly exe cuted and attested by the persons by whom it purpor ts to be executed and attested. Explanation . Documents are said to be in proper custody if t hey are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the c ircumstances of the particular case are such as to render such an origin probable. This explanation applies also to section 81. Illustrations (a) A has been in possession of landed property for a long time. He produces from his custody deeds rela ting to the land showing his titles to it. The custody is p roper. (b) A produces deeds relating to landed property of w hich he is the mortgagee. The mortgagor is in posse ssion. The custody is proper. 1. Subs. by the A.O. 1937, for G. of I. 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, f or in and for that Part B State or country. 3. Ins. by Act 21 of 2000, s. 92 and the Second Sch edule (w.e.f. 17-10-2000). 42 (c) A, a connection of B, produces deeds relating to lands in Bs possession, which were deposited with him by B for safe custody. The custody is prop er. 1[90A. Presumption as to electronic records five yea rs old. Where any electronic record, purporting or proved to be five years old, is produ ced from any custody which the Court in the particu lar case considers proper, the Court may presume that t he 2[electronic signature] which purports to be the 2[electronic signature] of any particular person was so affixed by him or any person authorised by him in this behalf. Explanation. Electronic records are said to be in proper cust ody if they are in the place in which, and under the care of the person with whom, they na turally be; but no custody is improper if it is pro ved to have had a legitimate origin, or the circumstanc es of the particular case are such as to render suc h an origin probable. This Explanation applies also to section 81A.] CHAPTER VI. O F THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE 91. Evidence of terms of contracts, grants and othe r dispositions of property reduced to form of document. When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shal l be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondar y evidence is admissible under the provisions hereinbefore contained. Exception 1.When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2. Wills 3[admitted to probate in 4[India]] may be proved by the probate. Explanation 1.This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one. Explanation 2. Where there are more originals than one, one o riginal only need be proved. Explanation 3. The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission o f oral evidence as to the same fact. Illustrations (a) If a contract be contained in several letters, al l the letters in which it is contained must be prov ed. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mention s the fact that B had paid A the price of other indigo contrac ted for verbally on another occasion. 1. Ins. by Act 21 of 2000, s. 92 and the Second Sc hedule (w.e.f. 17-10-2000). 2. Subs. by Act 10 of 2009, s. 52, for Digital Sig nature (w.e.f. 27.10.2009). 3. Subs. by Act 18 of 1872, s. 7, for under the In dian Succession Act. 4. Subs. by Act 3 of 1951, s. 3 and the Schedule, f or the States. 43 Oral evidence is offered that no payment was made f or the other indigo. The evidence is admissible. (e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible. 92. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or o ther disposition of property, or any matter required by law to be reduced to the form of a document, have b een proved according to the last section, no evidence o f any oral agreement or statement shall be admitted , as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting f rom, its terms: Proviso (1). Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, w ant of due execution, want of capacity in any contracting party

eto; such as fraud, intimidation, illegality, w ant of due execution, want of capacity in any contracting party, 1[want or failure] of consideration, or mistake in fact or law. Proviso (2). The existence of any separate oral agreement a s to any matter on which a document is silent, and which is not inconsistent with its term s, may be proved. In considering whether or not thi s proviso applies, the Court shall have regard to the degree of formality of the document. Proviso (3). The existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract , grant or disposition of property, may be proved. Proviso (4). The existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, gra nt or disposition of property is by law required to be in writing, or has been registered according to the l aw in force for the time being as to the registration of documents. Proviso (5). Any usage or custom by which incidents not ex pressly mentioned in any contract are usually annexed to contracts of that description, m ay be proved: Provided that the annexing of such incident would n ot be repugnant to, or inconsistent with, the express terms of the contract. Proviso (6). Any fact may be proved which shows in what ma nner the language of a document is related to existing facts. Illustrations (a) A policy of insurance is effected on goods in sh ips from Calcutta to London. The goods are shipped in a particular ship which is lost. The fact that partic ular ship was orally excepted from the policy, cann ot be proved. (b) A agrees absolutely in writing to pay B Rs. 1,000 on the first March 1873. The fact that, at the sam e time, an oral agreement was made that the money should not b e paid till the thirty-first March, cannot be prove d. (c) An estate called the Rampore tea estate is sold by a deed which contains a map of the property sol d. The fact that land not included in the map had always b een regarded as part of the estate and was meant to pass by the deed cannot be proved. 1. Subs. by Act 18 of 1872, s. 8, for want of fail ure. 44 (d) A enters into a written contract with B to work c ertain mines, the property of B, upon certain terms. A was induced to do so by a misrepresentatio n of Bs as to their value. This fact may be proved . (e) A institutes a suit against B for the specific pe rformance of a contract, and also prays that the contract may be reformed as to one of its provision s, as that provision was inserted in it by mistake. A may prove that such a mistake was made as would by law entitle him to have the contract reformed. (f) A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. B sues A for the price. A may sh ow that the goods were supplied on credit for a ter m still unexpired. (g) A sells B a horse and verbally warrants him sound . A gives B a paper in these words: Bought of A a horse of Rs. 500. B may prove the verbal warra nty. (h) A hires lodgings of B, and gives B a card on whic h is written Rooms, Rs. 200 a month. A may prove a verbal agreement that these terms were to include partial board. A hires lodgings of B for a year, and a regularly s tamped agreement, drawn up by an attorney, is made between them. It is silent on the subject of b oard. A may not prove that board was included in th e term verbally. (i) A applies to B for a debt due to A by sending a r eceipt for the money. B keeps the receipt and does not send the money. In a suit for the amount, A may prove this. (j) A and B make a contract in writing to take effect upon the happening of a certain contingency. The writing is left with B, who sues A upon it. A m ay show the circumstances under which it was delivered. 93. Exclusion of evidence to explain or amend ambig uous document. When the language used in a document is, on its face, ambiguous or defecti ve, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations (a) A agrees, in writing, to sell a horse to B for R s. 1,000 or Rs. 1,500. Evidence cannot be given to show which price was to be given. (b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled. 94. Exclusion of evidence against application of do cument to existing facts. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to suc h facts. Illustration A sells to B, by deed, my estate at Rampur contain ing 100 bighas. A has an estate at Rampur containi ng 100 bighas. Evidence may not be given of the fact t hat the estate meant to be sold was one situated at a different place and of a different size. 95. Evidence as to document unmeaning reference to existing facts. When language used in a document is plain in itself, but is unmeaning in re ference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration A sells to B, by deed, my house in Calcutta. A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in posse ssion since the execution of the deed. These facts may be proved to show that the deed rel ated to the house at Howrah. 45 96. Evidence as to application of language which ca n apply to one only of several persons. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to. Illustrations (a) A agrees to sell to B, for Rs. 1,000, my white h orse. A has two white horses. Evidence may be give of facts which show which of them was meant. (b) A agrees to accompany B to Haidarabad. Evidence m ay be given of facts showing whether Haidarabad in the Dekkhan or Haiderabad in Sind was meant . 97. Evidence as to application of language to one o f two sets of facts, to neither of which the whole correctly applies. When the language used applies partly to one se t of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to a pply. Illustration A agrees to sell to B my land at X in the occupati on of Y. A has land at X, but not in the occupatio n of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell. 98. Evidence as to meaning of illegible characters, etc. Evidence may be given to show the meaning of illegible or not commonly intelligible c haracters, of foreign, obsolete, technical, local a nd provincial expressions, of abbreviations and of wor ds used in a peculiar sense. Illustration A, sculptor, agrees to sell to B, all my mods. A has both models and modelling tools. Evidence may b e given to show which he meant to sell. 99. Who may give evidence of agreement varying term s of document. Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of th e document. Illustration A and B make a contract in writing that B shall sel l A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three months credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests. 100. Saving of provisions of Indian Succession Act relating to wills. Nothing in this Chapter contained shall be taken to affect any of the provi sions of the Indian Succession Act, 1865 1(10 of 1865) as to the construction of wills. PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII. O F THE BURDEN OF PROOF 101. Burden of proof. Whoever desires any Court to give judgment as t o any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. Whe n a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that p erson. Illustrations (a) A desires a Court to give judgment that B shall b e punished for a crime which A says B has committed . A must prove that B has committed the crime. 1. See now the Indian Succession Act, 1925 (39 of 1925), Pt. VI, Ch. VI. 46 (b) A desires a Court to give judgment that he is ent itled to certain land in the possession of B, by reason of facts which he asserts, and which B denie s, to be true. A must prove the existence of those facts. 102. On whom burden of proof lies . The burden of proof in a suit or proceeding li es on that person who would fail if no evidence at all were gi ven on either side. Illustrations (a) A sues B for land of which B is in possession, an d which, as A asserts, was left to A by the will of C, Bs father. If no evidence were given on either side, B would b e entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says t hat it was obtained by fraud, which A denies. If no evidence were given on either side, A would s ucceed, as the bond is not disputed and the fraud i s not proved. Therefore the burden of proof is on B. 103. Burden of proof as to particular fact. The burden of proof as to any particular fact li es on that person who wishes the Court to believe in its existence, unless it is provided by any law that th e proof of that fact shall lie on any particular person. Illustrations 1[(a)] A prosecutes B for theft, and wishes the Court t o believe that B admitted the theft to C. A must pr ove the admission. (b) B wishes the Court to believe that, at the time i n question, he was elsewhere. He must prove it. 104. Burden of proving fact to be proved to make ev idence admissible. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations (a) A wishes to prove a dying declaration by B. A mus t prove Bs death. (b) A wishes to prove, by secondary evidence, the con tents of a lost document. A must prove that the document has been lost. 105. Burden of proving that case of accused comes w ithin exceptions. When a person is accused of any offence, the burden of proving the e xistence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code (45 of 1860), or within any special exception or proviso contained in any other part of the same Cod e, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circums tances. Illustrations (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control. 1. See , in the Act as published in Gazette of India, 1872 , Pt. IV, p. 1 there is no illustration ( b). 47 The burden of proof is on A. (c) Section 325 of the Indian Penal Code (45 of 1860) provides that whoever, except in the case provided for by section 335, voluntarily causes gri evous hurt, shall be subject to certain punishments . A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing th e case under section 335 lies on A. 106. Burden of proving fact especially within knowl edge. When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention oth er than that which the character and circumstances of the act suggest, the burden of pro ving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him. 107. Burden of proving death of person known to hav e been alive within thirty years. When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. 108. Burden of proving that person is alive who has not been heard of for seven years. 1[Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who woul d naturally have heard of him if he had been alive, the burden of proving that he is alive is 2[shifted to] the person who affirms it. 109. Burden of proof as to relationship in the case s of partners, landlord and tenant, principal and agent. When the question is whether persons are partne rs, landlord and tenant, or principal and agent, and it has been shown that they have been ac ting as such, the burden of proving that they do no t stand, or have ceased to stand, to each other in th ose relationships respectively, is on the person wh o affirms it. 110. Burden of proof as to ownership. When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is o n the person who affirms that he is not the owner. 111. Proof of good faith in transactions where one party is in relation of active confidence.

ms that he is not the owner. 111. Proof of good faith in transactions where one party is in relation of active confidence. Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burde n of proving the good faith of the transaction is o n the party who is in a position of active confidence. Illustrations (a) The good faith of a sale by a client to an attorn ey is in question in a suit brought by the client. The burden of proving the good faith of the transac tion is on the attorney. (b) The good faith of a sale by a son just come of ag e to a father is in question in a suit brought by the son. The burden of proving the good faith of th e transaction is on the father. 3[111A. Presumption as to certain offences. ( 1) Where a person is accused of having committed any offence specified in sub-section ( 2), in 1. Subs. by Act 18 of 1872, s. 9, for when. 2. Subs. by s. 9, ibid ., for on. 3. Ins. by Act 61 of 1984, s. 20 (w.e.f. 14-7-1984) . 48 (a) any area declared to be a disturbed area under an y enactment, for the time being in force, making provision for the suppression of disorder an d restoration and maintenance of public order; or (b) any area in which there has been, over a period o f more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a plac e in such area at a time when firearms or explosive s were used at or from that place to attack or resist the members of any armed forces or the forces char ged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, un less the contrary is shown, that such person had committ ed such offence. (2) The offences referred to in sub-section ( 1) are the following, namely: (a) an offence under section 121, section 121A, secti on 122 or section 123 of the Indian Penal Code (45 of 1860); (b) criminal conspiracy or attempt to commit, or abet ment of, an offence under section 122 or section 123 of the Indian Penal Code (45 of 1860).] 112. Birth during marriage, conclusive proof of leg itimacy. The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remai ning unmarried, shall be conclusive proof that he i s the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to e ach other at any time when he could have been begotten. 113. Proof of cession of territory. A notification in the Gazette of India that any portion of British territory has 1[before the commencement of Part III of the Governm ent of India Act, 1935 (26 Geo. 5, c. 2)] been ceded to any Nati ve State, Prince or Ruler, shall be conclusive proo f that a valid cession of such territory took place a t the date mentioned in such notification. 2[113A. Presumption as to abetment of suicide by a m arried woman. When the question is whether the commission of suicide by a woman had be en abetted by her husband or any relative of her husband and it is shown that she had committed suic ide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the co urt may presume, having regard to all the other circums tances of the case, that such suicide had been abet ted by her husband or by such relative of her husband. Explanation. For the purposes of this section, cruelty sha ll have the same meaning as in section 498A of the Indian Penal Code (45 of 1860). ] 3[113B. Presumption as to dowry death. -When the question is whether a person has commi tted the dowry death of a woman and it is shown that soo n before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court sh all presume that such person had caused the dowry death . Explanation. For the purposes of this section, dowry death shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860). ] 114. Court may presume existence of certain facts. The Court may presume the existence of any fact which it thinks likely to have happened, regar d being had to the common course of natural events, human conduct and public and private business, in t heir relation to the facts of the particular case. 1. Ins. by the A.O. 1937, Part III of the Governmen t of India Act 1935, came into force on the 1st Apr il, 1937. 2. Ins. by Act 46 of 1983, s. 7. 3. Ins. by Act 43 of 1986, s. 12 (w.e.f. 5-1-1986). 49 Illustrations The Court may presume (a) that a man who is in possession of stolen goods s oon, after the theft is either the thief or has received the goods knowing them to be stolen, unles s he can account for his possession; (b) that an accomplice is unworthy of credit, unless he is corroborated in material particulars; (c) that a bill of exchange, accepted or endorsed, wa s accepted or endorsed for good consideration; (d) that a thing or state of things which has been sh own to be in existence within a period shorter than that within which such things or states of things u sually cease to exist, is still in existence; (e) that judicial and official acts have been regular ly performed; (f) that the common course of business has been follo wed in particular cases; (g) that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (h) that if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him; (i) that when a document creating an obligation is in the hands of the obligor, the obligation has been discharged. But the Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case be fore it: as to illustration (a) a shop-keeper has in his bill a marked rupee s oon after it was stolen, and cannot account for its possession specifically, but is continually receiving rupees in the course of h is business; as to illustration (b) A, a person of the highest character, is tried for causing a mans death by an act of negligence in arranging certain machinery. B , a person of equally good character, who also took part in the arrangement, describes precisely what w as done, and admits and explains the common carelessness of A and himself; as to illustration (b) a crime is committed by several persons. A, B and C, three of the criminals, are captured on the spot and kept apart from each o ther. Each gives an account of the crime implicatin g D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable; as to illustration (c) A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was a young and ignorant person, completely under A s influence; as to illustration (d) it is proved that a river ran in a certain cou rse five years ago, but it is known that there have been floods since that time which m ight change its course; as to illustration (e) a judicial act, the regularity of which is in question, was performed under exceptional circumstances; as to illustration (f) the question is, whether a letter was received . It is shown to have been posted, but the usual course of the post was interrupted by disturbances; as to illustration (g) a man refuses to produce a document which woul d bear on a contract of small importance on which he is sued, but which might als o injure the feelings and reputation of his family; as to illustration (h) a man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in mat ters unconnected with the matter in relation to whi ch it is asked; as to illustration (i) a bond is in possession of the obligor, but th e circumstances of the case are such that he may have stolen it. 50 1[114A. Presumption as to absence of consent in cert ain prosecution for rape. In a prosecution for rape under clause ( a), clause ( b), clause ( c), clause ( d), clause ( e), clause ( f), clause ( g), clause ( h), clause ( i), clause ( j), clause ( k), clause ( l), clause ( m) or clause ( n) of sub-section ( 2) of section 376 of the Indian Penal Code (45 of 1860), where sexual interc ourse by the accused is proved and the question is whether it was without the consent of the woman all eged to have been raped and such woman states in her evidence before the court that she did not cons ent, the court shall presume that she did not conse nt. Explanation . In this section, sexual intercourse shall mean an y of the acts mentioned in clauses (a) to ( d) of section 375 of the Indian Penal Code (45 of 18 60).] STATE AMENDMENT Chhattisgarh Insertion of new Section 114B. After section 114A of the Indian Evidence Act, the following shall be inserted, namely: 114B. Presumption as to offences committed under se ction 354, section 354A, section 354B, section 354C, section 354D, section 509, section 509A or se ction 509B of the Indian Penal Code, 1860.-When the question is whether a person has committed an o ffence under Section 354, section 354A, section 354B, section 354C, section 354D, section 509, sect ion 509A, or section 509B of the Indian Penal Code and if the victim deposes before the court that she has been subjected to sexual harassment or her mod esty was outraged or she was disrobed or she was stalked or her privacy was intruded or she was sexually harassed by any means, as the case may be, the cour t may, unless contrary is proved, presume that such offence has been committed by that person. [Vide Chhattisgarh Act 25 of 2015, s. 14.] CHAPTER VIII. E STOPPEL 115. Estoppel. When one person has, by his declaration, act or o mission, intentionally caused or permitted another person to believe a thing to be t rue and to act upon such belief, neither he nor his representative shall be allowed, in any suit or pro ceeding between himself and such person or his representative, to deny the truth of that thing. Illustration A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B t o buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must n ot be allowed to prove his want of title. 116. Estoppel of tenants and of licensee of person in possession . No tenant of immovable property, or person claiming through such tenant, s hall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to su ch immovable property; and no person who came upon any immovable property by the licence of the person in possession there of shall be permitted to deny t hat such person had a title to such possession at t he time when such licence was given. 117. Estoppel of acceptor of bill of exchange, bail ee or licensee . No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny t hat his bailor or licensor had, at the time when th e bailment or licence commenced, authority to make su ch bailment or grant such licence. Explanation (1). The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn. Explanation (2). If a bailee delivers the goods bailed to a pe rson other than the bailor, he may prove that such person had a right to them as again st the bailor. 1. Subs. by Act 13 of 2013, s. 26 (w.e.f. 3-2-2013) . Earlier it was inserted by 43 of 1983, s. 6, (w.e .f. 25-12-1983). 51 CHAPTER IX. O F WITNESSES 118. Who may testify. All persons shall be competent to testify unles s the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to th ose questions, by tender years, extreme old age, diseas e, whether of body or mind, or any other cause of t he same kind. Explanation. A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving r ational answers to them. 1[119. Witness unable to communicate verbally. A witness who is unable to speak may give his evidence in any other manner in which he can make i t intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence: Provided that if the witness is unable to communica te verbally, the Court shall take the assistance of an interpreter or a special educator in recording t he statement, and such statement shall be video gra phed.] 120. Parties to civil suit, and their wives or husb ands. Husband or wife of person under criminal trial. In all civil proceedings the parties to the sui t, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband

and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wif e of such person, respectively, shall be a competent wit ness. 121. Judges and Magistrates. No Judge or Magistrate shall, except upon the s pecial order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to anythin g which came to his knowledge in Court as such Judg e or Magistrate; but he may be examined as to other m atters which occurred in his presence whilst he was so acting. Illustrations (a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questio ns as to this, except upon the special order of a superior Court. (b) A is accused before the Court of Session of havin g given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the specia l order of the superior Court. (c) A is accused before the Court of Session of attem pting to murder a police-officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred. 122. Communications during marriage. No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disc lose any such communication, unless the person who made it, or his representative in interest, consent s, except in suits between married persons, or proceedings in which one married person is prosecut ed for any crime committed against the other. 123. Evidence as to affairs of State. No one shall be permitted to give any evidence de rived from unpublished official records relating to any affair s of State, except with the permission of the offic er at the head of the department concerned, who shall giv e or withhold such permission as he thinks fit. 124. Official communications. No public officer shall be compelled to disclose communications made to him in official confidence, when he conside rs that the public interests would suffer by the disclosure. 1. Subs. by Act 13 of 2013, s. 27 for s. 119 (w.e.f . 3-2-2013). 52 1[125. Information as to commission of offences. No Magistrate or police-officer shall be compelled to say whence he got any information as t o the commission of any offence, and no revenue- officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. Explanation. Revenue-officer in this section means any offi cer employed in or about the business of any branch of the public revenue.] 126. Professional communications. No barrister, attorney, pleader or vakil, shall at any time be permitted, unless with his clients express consent , to disclose any communication made to him in the course and for the purpose of his employment as suc h barrister, pleader, attorney or vakil, by or on b ehalf of his client, or to state the contents or conditio n of any document with which he has become acquaint ed in the course and for the purpose of his profession al employment, or to disclose any advice given by h im to his client in the course and for the purpose of such employment: Provided that nothing in this section shall protect from disclosure (1) any such communication made in furtherance of any 2[illegal] purpose, (2) any fact observed by any barrister, pleader, atto rney or vakil, in the course of his employment as such, showing that any crime or fraud has been c ommitted since the commencement of his employment. It is immaterial whether the attention of such barr ister, 3[pleader], attorney or vakil was or was not directed to such fact by or on behalf of his client . Explanation . The obligation stated in this section continue s after the employment has ceased. Illustrations (a) A, a client, says to B, an attorney I have co mmitted forgery, and I wish you to defend me. As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (b) A, a client, says to B, an attorney I wish to obtain possession of property by the use of a forged deed on which I request you to sue. This communication, being made in furtherance of a criminal purpose, is not protected from disclosure. (c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B observes that an entry has been made in As account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment. This being a fact observed by B in the course of hi s employment, showing that a fraud has been committed since the commencement of the proceedings , it is not protected from disclosure. 127. Section 126 to apply to interpreters, etc . The provisions of section 126 shall apply to interpreters, and the clerks or servants of barrist ers, pleaders, attorneys and vakils. 128. Privilege not waived by volunteering evidence . If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be d eemed to have consented thereby to such disclosure as is mentioned in section 126; and, if any party t o a suit or proceeding calls any such barrister, 1. Subs. by Act 3 of 1887, s. 1, for the original s . 125. 2. Subs. by Act 18 of 1872, s. 10, for criminal. 3. Ins. by s. 10, ibid . 53 1[pleader], attorney or vakil as a witness, he shall be deemed to have consented to such disclosure onl y if he questions such barrister, attorney or vakil on m atters which, but for such question, he would not b e at liberty to disclose. 129. Confidential communications with legal adviser s. No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others. 130. Production of title-deeds of witness not a par ty. No witness who is not a party to a suit shall be compelled to produce his title-deeds to an y property, or any document in virtue of which he h olds any property as pledge or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce the m with the person seeking the production of such deeds or some person through whom he claims. 2[131. Production of documents or electronic records which another person, having possession, could refuse to produce. No one shall be compelled to produce documents in his possession or electronic records under his control, which any oth er person would be entitled to refuse to produce if they were in his possession or control, unless such last -mentioned person consents to their production.] 132. Witness not excused from answering on ground t hat answer will criminate . A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in a ny suit or in any civil or criminal proceeding, upon t he ground that the answer to such question will criminate, or may tend directly or indirectly to cr iminate, such witness, or that it will expose, or t end directly or indirectly to expose, such witness to a penalty or forfeiture of any kind: Proviso. Provided that no such answer, which a witness s hall be compelled to give, shall subject him to any arrest or prosecution, or be proved agai nst him in any criminal proceeding, except a prosecution for giving false evidence by such answe r. 133. Accomplice. An accomplice shall be a competent witness agai nst an accused person; and a conviction is not illegal merely because it proceed s upon the uncorroborated testimony of an accomplic e. 134. Number of witnesses. No particular number of witnesses shall in any case be required for the proof of any fact. CHAPTER X. O F THE EXAMINATION OF WITNESSES 135. Order of production and examination of witness es. The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absenc e of any such law, by the discretion of the Court. 136. Judge to decide as to admissibility of evidenc e. When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fac t, if proved, would be relevant; and the Judge shall admi t the evidence if he thinks that the fact, if prove d, would be relevant, and not otherwise. If the fact proposed to be proved is one of which e vidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first-mention ed, unless the party undertakes to give proof of such f act, and the Court is satisfied with such undertaki ng. 1. Ins. by Act 18 of 1872, s. 10. 2. Subs. by Act 21 of 2000, s. 92 and the Second Sc hedule, for Section 131 (17-10-2000). 54 If the relevancy of one alleged fact depends upon a nother alleged fact being first proved, the Judge may, in his discretion, either permit evidence of t he first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. Illustrations (a) It is proposed to prove a statement about a relev ant fact by a person alleged to be dead, which statement is relevant under section 32. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement. (b) It is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the original is lost must be proved b y the person proposing to produce the copy, before the copy is produced. (c) A is accused of receiving stolen property knowing it to have been stolen. It is proposed to prove that he denied the possessi on of the property. The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of the possession to be proved before the pr operty is identified. (d) It is proposed to prove a fact (A) which is said to have been the cause or effect of fact in issue. There are several intermediate facts (B, C and D) w hich must be shown to exist before the fact (A) can be regarded as the cause or effect of the fact in issu e. The Court may either permit A to be proved befor e B, C or D is proved, or may require proof of B, C and D before permitting proof of A. 137. Examination-in-chief . The examination of witness by the party who ca lls him shall be called his examination-in-chief. Cross-examination. The examination of a witness by the adverse part y shall be called his cross-examination. Re-examination. The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination. 138. Order of examinations. Witnesses shall be first examined-in-chief, the n (if the adverse party so desires) cross-examined, then (if the party call ing him so desires) re-examined. The examination and cross-examination must relate t o relevant facts, but the cross-examination need not be confined to the facts to which the witness t estified on his examination-in-chief. Direction of re-examination. The re-examination shall be directed to the expl anation of matters referred to in cross-examination; and, if new matte r is, by permission of the Court, introduced in re-examination, the adverse party may further cross -examine upon that matter. 139. Cross-examination of person called to produce a document. A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a w itness. 140. Witnesses to character. Witnesses to character may be cross-examined an d re-examined. 141. Leading questions. Any question suggesting the answer which the per son putting it wishes or expects to receive, is called a leading question . 55 142. When they must not be asked. Leading questions must not, if objected to by t he adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matt ers which are introductory or undisputed, or which have, in its opinion, been already sufficiently pro ved. 143. When they may be asked. Leading questions may be asked in cross-examina tion. 144. Evidence as to matters in writing. Any witness may be asked, whilst under examinat ion, whether any contract, grant or other disposition of property, as to which he is giving evidence, was n ot contained in a document, and if he says that it was , or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been prov ed which entitle the party who called the witness to g ive secondary evidence of it. Explanation . A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in the mselves relevant facts. Illustration The question is, whether A assaulted B. C deposes that he heard A say to D B wrote a le tter accusing me of theft, and I will be revenged on him. This statement is relevant, as showing As motive for the assault, and evidence may be given of it, though no other evidence is given about the let ter. 1145. Cross-examination as to previous statements in writing. A witness may be cross- examined as to previous statements made by him in w riting or reduced into writing, and relevant to matters in question, without such writing being sho

ined as to previous statements made by him in w riting or reduced into writing, and relevant to matters in question, without such writing being sho wn to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to thos e parts of it which are to be used for the purpose of contr adicting him. 146. Questions lawful in cross-examination. When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend (1) to test his veracity, (2) to discover who he is and what is his position in life, or (3) to shake his credit, by injuring his character, a lthough the answer to such questions might tend directly or indirectly to criminate him, or might e xpose or tend directly or indirectly to expose him to a penalty or forfeiture: 2[Provided that in a prosecution for an offence unde r section 376, 3[section 376A, section 376AB section 376B, section 376C, section 376D, section 3 76DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit an y such offence, where the question of consent is an issue, it shall not be permissible to adduce eviden ce or to put questions in the cross-examination of the victim as to the general immoral character, or prev ious sexual experience, of such victim with any per son for proving such consent or the quality of consent. ] 1. As to the Application of s. 145 to police-diarie s, see the Code of Criminal Procedure, 1973 (2 of 1974), s. 172. 2. Subs. by Act 13 of 2013, s. 28, for the proviso (w.e.f. 3-2-2013). 3. Subs. by Act 22 of 2018, s. 9, for section 376A , section 376B, section 376C, section 376D (w.e.f. 21-4-2018). 56 147. When witness to be compelled to answer. If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 1 32 shall apply thereto. 148. Court to decide when question shall be asked a nd when witness compelled to answer . If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it a ffects the credit of the witness by injuring his character, th e Court shall decide whether or not the witness sha ll be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer i t. In exercising its discretion, the Court shall have reg ard to the following considerations: (1) such questions are proper if they are of such a n ature that the truth of the imputation conveyed by them would seriously affect the opinion of the C ourt as to the credibility of the witness on the matter to which he testifies; (2) such questions are improper if the imputation whi ch they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the c redibility of the witness on the matter to which he testifies; (3) such questions are improper if there is a great d isproportion between the importance of the imputation made against the witnesss character and the importance of his evidence; (4) the Court may, if it sees fit, draw, from the wit nesss refusal to answer, the inference that the answer if given would be unfavourable. 149. Question not to be asked without reasonable gr ounds . No such question as is referred to in section 148 ought to be asked, unless the person as king it has reasonable grounds for thinking that th e imputation which it conveys is well-founded. Illustrations (a) A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is a reasonable ground for asking the witness whether he is a dakait. (b) A pleader is informed by a person in Court that a n important witness is a dakait. The informant, on being questioned by the pleader, gives satisfact ory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dakai t. (c) A witness, of whom nothing whatever is known is a sked at random whether he is a dakait. There are here no reasonable ground for the question. (d) A witness, of whom nothing whatever is known, bei ng questioned as to his mode of life and means of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a dakait. 150. Procedure of Court in case of question being a sked without reasonable grounds. If the Court is of opinion that any such question was aske d without reasonable grounds, it may, if it was ask ed by any barrister, pleader, vakil or attorney, repor t the circumstances of the case to the High Court o r other authority to which such barrister, pleader, vakil o r attorney is subject in the exercise of his profes sion. 151. Indecent and scandalous questions. The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on th e questions before the Court, unless they relate to f acts in issue, or to matters necessary to be known in order to determine whether or not the facts in issu e existed. 57 152. Questions intended to insult or annoy. The Court shall forbid any question which appear s to it to be intended to insult or annoy, or which, tho ugh proper in itself, appears to the Court needless ly offensive in form. 153. Exclusion of evidence to contradict answers to questions testing veracity. When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it ten ds to shake his credit by injuring his character, no evid ence shall be given to contradict him; but, if he a nswers falsely, he may after wards be charged with giving false evidence. Exception 1. If a witness is asked whether he has been prev iously convicted of any crime and denies it, evidence may be given of his previous co nviction. Exception 2. If a witness is asked any question tending to impeach his impartiality, and answers it by denying the facts suggested, he may be contradic ted. Illustrations (a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a former transact ion, he had not made a fraudulent claim. He denies it. Evidence is offered to show that he did make such a claim. The evidence is inadmissible. (b) A witness is asked whether he was not dismissed f rom a situation for dishonesty. He denies it. Evidence is offered to show that he was dismissed f or dishonesty. The evidence is not admissible. (c) A affirms that on a certain day he saw B at Lahor e. A is asked whether he himself was not on that day a t Calcutta. He denies it. Evidence is offered to show that A was on that day at Calcutta. The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on t he day in question in Lahore. In each of these cases the witness might, if his de nial was false, be charged with giving false evidence. (d) A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality. 154. Question by party to his own witness. 1[( 1)] The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party. 2[( 2) Nothing in this section shall disentitle the pers on so permitted under sub-section ( 1), to rely on any part of the evidence of such witness.] 155. Impeaching credit of witness. The credit of a witness may be impeached in the f ollowing ways by the adverse party, or, with the consent of the Court, by the party who calls him: 1. Section 154 numbered as sub-section ( 1) thereof by Act 2 of 2006, s. 9 (w.e.f. 16-4-2006) . 2. Ins. by s. 9, ibid. (w.e.f. 16-4-2006). 58 (1) By the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit; (2) By proof that the witness has been bribed, or has 1[accepted] the offer of a bribe, or has received any other corrupt inducement to give his e vidence; (3) By proof of former statements inconsistent with a ny part of his evidence which is liable to be contradicted; 2* * * * * Explanation. A witness declaring another witness to be unwor thy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examinatio n, and the answers which he gives cannot be contradict ed, though, if they are false, he may afterwards be charged with giving false evidence. Illustrations (a) A sues B for the price of goods sold and delivere d to B. C says that he delivered the goods to B. Evidence is offered to show that, on a previous occ asion, he said that he had not delivered goods to B . The evidence is admissible. (b) A is indicted for the murder of B. C says that B, when dying, declared that A had give n B the wound of which he died. Evidence is offered to show that, on a previous occ asion, C said that the wound was not given by A or in his presence. The evidence is admissible. 156. Questions tending to corroborate evidence of r elevant fact, admissible. When a witness whom it is intended to corroborate gives evidence o f any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the Court is of opinion that such circ umstances, if proved, would corroborate the testimo ny of the witness as to the relevant fact which he testif ies. Illustration A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurr ed on his way to and from the place where it was committed. Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself. 157. Former statements of witness may be proved to corroborate later testimony as to same fact. In order to corroborate the testimony of a witn ess, any former statement made by such witness relating to the same fact, at or about the time whe n the fact took place, or before any authority lega lly competent to investigate the fact, may be proved. 1. Subs. by Act 18 of 1872, s. 11, for had 2. Clause ( 4) omitted by Act 4 of 2003, s. 3 (w.e.f. 31-12-2002 ). 59 158. What matters may be proved in connection with proved statement relevant under section 32 or 33. Whenever any statement, relevant under section 3 2 or 33, is proved, all matters may be proved either in order to contradict or to corrobor ate it, or in order to impeach or confirm the credi t of the person by whom it was made, which might have been p roved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested. 159. Refreshing memory. A witness may, while under examination, refresh his memory by referring to any writing made by himself at the tim e of the transaction concerning which he is questio ned, or so soon afterwards that the Court considers it l ikely that the transaction was at that time fresh i n his memory. The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he kn ew it to be correct. When witness may use copy of document to refresh me mory. Whenever a witness may refresh his memory by reference to any document, he may, wi th the permission of the Court, refer to a copy of such document: Provided the Court be satisfied that there is suffi cient reason for the non-production of the original . An expert may refresh his memory by reference to pr ofessional treatises. 160. Testimony to facts stated in document mentione d in section 159. A witness may also testify to facts mentioned in any such document as is menti oned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the docu ment. Illustration A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, alt hough he has forgotten the particular transactions entered. 1161. Right of adverse party as to writing used to r efresh memory. Any writing referred to under the provisions of the two last preceding sect ions must be produced and shown to the adverse part y if he requires it; such party may, if he pleases, c ross-examine the witness thereupon. 162. Production of documents. A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstan ding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Cour t. The Court, if it sees fit, may inspect the document , unless it refers to matters of State, or take oth er evidence to enable it to determine on its admissibi lity. Translation of documents. If for such a purpose it is necessary to cause a ny document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the int erpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the Indian Penal Code (45 of 1860). 163.

committed an offence under section 166 of the Indian Penal Code (45 of 1860). 163. Giving, as evidence, of document called for an d produced on notice. When a party calls for a document which he has given the other party n otice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party pro ducing it requires him to do so. 1. As to the application of s. 161 to police diarie s, see the Code of Criminal Procedure, 1973 (Act 2 of 1974 ), s. 172. 60 164. Using, as evidence, of document production of which was refused on notice. When a party refuses to produce a document which he has had noti ce to produce, he cannot afterwards use the document as evidence without the consent of the oth er party or the order of the Court. Illustration A sues B on an agreement and gives B notice to prod uce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given b y A, or in order to show that the agreement is not stamped. He cannot do so. 165. Judges power to put questions or order produc tion. The Judge may, in order to discover or to obtain proper proof of relevant facts, ask an y question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor thei r agents shall be entitled to make any objection to any such question or order, nor, without the leave of t he Court, to cross-examine any witness upon any ans wer given in reply to any such question: Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved: Provided also that this section shall not authorize any Judge to compel any witness to answer any question, or to produce any document which such wit ness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the question were asked or the document were cal led for by the adverse party; nor shall the Judge ask a ny question which it would be improper for any othe r person to ask under section 148 or 149; nor shall h e dispense with primary evidence of any document, except in the cases hereinbefore excepted. 166. Power of jury or assessors to put questions. In cases tried by jury or with assessors, the jury or assessors may put any questions to the witn esses, through or by leave of the Judge, which the Judge himself might put and which he considers prop er. CHAPTER XI O F IMPROPER ADMISSION AND REJECTION OF EVIDENCE 167. No new trial for improper admission or reject ion of evidence. The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such obje ction is raised that, independently of the evidence objected to and admitted, there was sufficient evid ence to justify the decision, or that, if the rejec ted evidence had been received, it ought not to have va ried the decision. THE SCHEDULE. [ Enactments repealed. ] Rep. by the Repealing Act , 1938 (1 of 1938), s. 2 and the Schedule .

1 THE INDIAN MEDICAL COUNCIL ACT, 1956 (102 of 1956) 30th December, 1956 (As amended by the Indian Medical Council (Amendment) Acts, 1964, 1993 , 2001 & 2016 ) AN ACT TO PROVIDE FOR THE RECONSTITUTION OF THE MEDICAL COUNCIL OF INDIA AND THE MAINTENANCE OF A MEDICAL REGISTER FOR INDIA AND FOR MATTERS CONNECTED THEREWITH . Be it enacted by Parliament in the seventh year of the Republic of India as follows: - SHORT TITLE, EXTENT & COMMENCEMENT 1. (1) This Act may be called the Indian Medical Council Act, 1 956. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. DEFINITIONS 2. In this Act, unless the context otherwise requires: - (a) "approved institution" means a hospital, health centre or other such institution recognised (b) by a university as an institution in which a person may undergo the training, if any, required by hi s course of study before the award of any medical qualification to him. (c) "council" means t he Medical Council of India constituted under this Act. (d) ["deleted" by Indian Medical Council (Amendment) Act, 1964.] (e) "Indian Medical Register" means the medical register maintained by the Council. (f) "Medical Institution" means any institution, within or w ithout India, which grants degrees, diplomas or licences in medicine. (g) "medicine" means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery; (h) "Prescribed" means prescri bed by regulations. (i) "recognised medical qualification" means any of the medical qualifications included in the Schedules. (j) "regulation" means a regulation made under section 33; (k) "State Medical Council" means a medical council constituted under any law for the time being in force in any State regulating the registration of practitioners of medicine. (l) "State Medical Register" means a register maintained under any law for the time being in force in any State regulating the registration of practitioners o f medicine. (m) "University" means any University in India established by law and having a medical faculty. CONSTITUTION & COMPOSTION OF THE COUNCIL 3. (1) The Central Government shall cause to be constituted a council consisting of the following members, namely: - (a) One member from each State other than a Union Territory to be nominated by the Central Government in consultation with the State Government concerned. (b) One member from each University to be elected from amongst the members of the medical facult y of the University by members of the Senate of the University or in case the University has no Senate, by members of the Court. (c) One member from each State in which a State Medical Register is maintained, to be elected from amongst themselves by persons enrolled on such register who possess the medical qualifications included in the First or the Second Schedule or in Part II of the Third Schedule. (d) Seven members to be elected from amongst themselves by persons enrolled on any of the State Medical Registe rs who possess the medical qualifications included in Part I of the Third Schedule. 2(e) Eight members to be nominated by the Central Govt. (2) The President and Vice -President of the Council shall be elected by the members of the Council from amongst themselves . (3) No act done by the Council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Council. MODE OF ELECTION 4 (1) (a) An election under clause (b), clause (c) or clause (d) of sub -section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be ma de by it in this behalf, and any rules so made may provide that pending the preparation of the Indian Medical Registe r in accordance with provisions of this Act, the members referred to in clause (d) of sub -section (1) of section 3 may be nominated by the Central Government instead of being elected as provided therein. (2) Where any dispute arises regarding any election to the Council, it shall b e referred to the Central Government whose decision shall be final. RESTRICTIONS ON NOMINATION AND MEMBERSHIP 5. (1) No person shall be eligible for nomination under clause (a) of sub -section (1) of section 3 unless he possesses any of the medic al qualifications included in the First and Second Schedules, resides in the State concerned, and where a State Medical Register is maintained in that State, is enrolled on that Register. (2) No person may at the same time serve as a member in more than one capacity. INCORPORATION OF THE COUNCIL 6. The Council so constituted shall be a body corporate by the name of the Medical Council of India, having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract and shall by the said name sue and be sued. TERM OF OFFICE OF PRESIDENT, VICE -PRESIDENT AND MEMBERS 7. (1) The President or Vice -President of the Council shall hold office for a term not exceeding five years and not extending beyond the expiry of his term as member of the Council. (2) Subject to the provisions of this section, a member shall hold office for a term of five years from the date of his nomination or election or until his successor shall have been duly nomin ated or elec ted, whichever is longer. (3) An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council from three consecutive ordinary meetings of the Council, or in the case of a member elected under clause (b) of sub -section (1) of section 3, if he ceases to be a member of the medical faculty of the university concerned, or in the case of a member elected under clause (c) or clause (d) of th at sub -section, if he ceases to be a person en rolled on the State Medical Register concerned. (4) A casual vacancy in the Council shall be filled by nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term f or which the member whose place he takes was nominated or elected. (5) Members of the Council shall be eligible for re -nomination or re -election. (6) Where the said term of five years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires but he shall not assume office until the said term has expired. MEETINGS OF THE COUNCIL 8. (1) The Council shall meet at least once in each year at such time and place as may be appo inted by the Council. (2) Unless otherwise provided by regulations fifteen members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and vo ting. 3OFFICERS, COMMITTEES AND SERVANTS OF T HE COUNCIL 9. The Council Shall: - (1) constitute from amongst its members an Executive Committee and such other committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act. (2) appoint a Registrar who shall act as Secretary and who may also, if deemed expedient, act as Treasurer. (3) employ such other persons, as the Council deems necessary to carry out the purposes of this Act. (4) require and take from the Registrar, or from any other employee, such security for the due performance of his duties as the Council deems necessary and (5) With the previous sanction of the Central Government fix the remuneration and allowances to be paid to the President, Vice -President and members of the Council and determine the condit ions of service of the employees of the Council. THE EXECUTIVE COMMITTEE 10. (1) The Executive Committee, hereinafter referred to as the Committee shall consist of the President and Vice-President, who shall be members ex -officio and not less than seven and not more than ten other members who shall be elected by the Council from amongst its members. (2) The President and Vice -President shall be the President and Vice -President respectively of the Committee. (3) In addition to the powers and duties conferred and imposed upon it by this Act, the Committee shall exercise and discharge such powers and duties as the Council may confer or impose up on it by any regulations which may be made in this behalf. PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL COLLEGE, NEW COURSE OF STUDY ETC . 10.A (1) Notwithstanding anything contained in this Act or any other law for the time being in force: - (a) no person shall establish a medical college or (b) no medical college shall: - (i) open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify him self for the award of any recognised medical qualification; or (ii) increase its admission ca pacity in any course of study or training (including a postgraduate course of study or training), except with the previous permission of the Central Govern ment obtained in accordance with the provisions of this section. Explanation 1 -. For the purposes o f this section, "person" includes any University or a trust but does not include the Central Government. Explanation 2. - For the purposes of this section "admission capacity" in relation to any course of study or training (including postgraduate course of study or training) in a medical college, means the maximum number of students that may be fixed by the Council from time to time for being admitted to such cou rse or training. (2) (a) Every person or medical college shall, for the purpose of obtaining perm ission under sub-section (1), submit to the Central Government a scheme in accordance with the provisions of clause ( b) and the central Government shall refer the scheme to the Council for its recommendations. (b) The Scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed. (3) On receipt of a scheme by the Council under sub -section (2) the Council may obtain such other particulars as may be con sidered necessary by it from the person or the medical college concerned, and thereafter, it may - (a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or college concerned for making a wri tten representation and it shall be open to such person or medical college to rectify the defects, if any, specified by the Council. (b) consider the scheme, having regard to the factors referred to in sub -section (7) and submit the scheme together with its r ecommendations thereon to the Central Government. (4) The Central Govt. may after considering the scheme and the recommendations of the Council under sub -section (3) and after obtaining, where necessary, such other particulars as may be considered necess ary by it from the person or college concerned, and having regard to the factors referred to in sub -section (7), either approve 4(with such conditions, if any, as it may consider necessary ) or disapprove the scheme, and any suc h approval shall be a permissi on under sub -section (1): Provided that no scheme shall be disapproved by the Central Government except after giving the perso n or college concerned a reasonable opportunity of being heard; Provided further that nothing in this sub section shall prevent a ny person or medical college whose scheme has not been approved by the Central Government to submit a fresh scheme and the provisions o f this section shall apply to such scheme, as if such scheme has been submitted for the first time und er sub - section (1). (5) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub -section (1), no order passed by the Central Government has been communicated to the person or college submitting the scheme, such scheme sha ll be deemed to have been approved by the Central Government in the form in which it had been submitted, and accordingly, the permission of the Central Government required u nder sub -section (1) shall also be deemed to have been granted. (6) In computing the ti me-limit specified in sub -section (5), the time taken by the person or college concerned submitting the scheme, in furnishing any particulars called for by the Council, or by the Central Government, shall be excluded. (7) The Council, while making its recom mendations under clause (b) of sub -section (3) and the Central Government, while passing an order, either approving or disapproving the scheme under sub -section (4), shall have due regard to the following factors, namely: - (a) whether the proposed medical college or the existing medical college seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of medical education as prescribed by the Council under section 19A or, as the case may be under s ection 20 in the case of postgraduate medical education. (b) whether the person seeking to establish a medical college or the existing medical college seeking to open a new or higher course of study or training or to increase it admission capacity has adequa te financial resources; (c) whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the medical college or conducting the new course or study or training or accommodating the increased admission capacity, have been provided or would be provided within the time -limit specified in the scheme. (d) whether adequate hospital facilities, having regard to the number or students likely to attend such medical college or course of study or training or as a result of the increased admission capacity, have been provided or would be provided within the time -limit specified in the scheme; (e) whether any arrangement has been made or programme drawn to impart proper training to students likely t o attend such medical college or course of study or training by persons having the recognised medica l qualifications; (f) the requirement of manpower in the field of practice of medicine; and (g) any other factors as may be prescribed. (8) Where the Central G overnment passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or college concer ned. NON -RECOGNITION OF MEDICAL QUALIFICATIONS IN CERTAIN CASES. 10B (1) Where any medical college is established except with the previous permission of the Central Government in accordance with the provisions of section 10A, no medical qu alification granted to any student of

permission of the Central Government in accordance with the provisions of section 10A, no medical qu alification granted to any student of such medical college shall a recognised medical qualification f or the purposes of this Act. (2) Where any medical college opens a new or higher course of study or training (including a postgraduate course of study or training) except with the previous permission of the Central Governm ent in accordance with the provisi ons of section 10A, no medical qualification granted to any student of such medical college on the b asis of such study or training shall be a recognised medical qualification for the purposes of this Act. (3) Where any medical college increases its admission capacity in any course of study or training except with the previous permission of the Central Government in accordance with the provis ions of section 10A, no medical qualification granted to any student of such medical college on the basis of the increas e in its admission capacity shall be a recognised medical qualification for the purposes of this Act. Explanation - For the purposes of this section, the criteria for identifying a student who has been 5granted a medical qualification on the basis of such increase in the admission capacity shall be such as may be prescribed. TIME FOR SEEKING PERMISSION FOR CERTAIN EXISTING MEDICAL COLLEGS, ETC. 10C (1) If, after, the 1st day of June, 1992 and on and before the commencement of the Indian Medical Counci l (Amendment) Act, 1993 any person has established a medical college or any medical college has opened a new or higher course of study or training or increased the admission capacity, such per son or medical college, as the case may be, shall seek, within a period of one year from the commencement of the Indian Medical Council (Amendment) Act, 1993 the permission of the Central Government in accordance with the provisions of section 10A. (2) If any person or medical college, as the case may be fails to seek the permission under sub section (1) the provisions of section 10B shall apply, so far as may be as if, permission of the Central Government under section 10A has been refused; The following Section 10D shall be inserted in terms of Gazette Notification date d 05.08.2016 10D. There shall be conducted a uniform entrance examination to all medical educational institutions at the undergraduate level and post -graduate level through such designated authority in Hindi, English and such other languages and in s uch manner as may be prescribed and the designated authority shall ensure the conduct of uniform entranc e examination in the aforesaid manner: Provided that notwithstanding any judgment or order of any court, the provisions of this section sha ll not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016 -17 conducted in accordance with any regulations made under this Act, in respect of the State Government seats (wheth er in Government Medical College or in a private Medical College) where such State has not opted for such examination.. RECOGNITION OF MEDICAL QUALIFICATION GRANTED BY UNIVERSITIES OR MEDICAL INSTITUTIONS IN INDIA . 11. (1) The medical qualifications granted by any university or medical Instit ution in India which are included in the first Schedule shall be recognised medical qualifications for the purposes of this Act. (2) Any university or medical Institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Govt., to have such qualification recognised, and the Central Government, after consulting the Council, may, by notification in the official Gazette, amend the Fi rst Schedule so as to include such qualification therein, and any such n otification may also direct that an entry shall be made in the last column of the First Schedule against such medical qualification declaring that it shall be a recognised med ical qualification only when granted after a specified date. RECOGNITION OF MED ICAL QUALIFICATIONS GRANTED BY MEDICAL INSTITUTIONS IN COUNTRIES WITH WHICH THERE IS A SCHEME OF RECIPROCITY 12. (1) The medical qualifications granted by medical institutions outside India which are included in the Second Schedule shall be recognised medical qualifications for the purposes of this Act. (2) The Council may enter into negotiations with the Authority in any country outside India which by the law of such country is entrusted with the maintenance of a register of medical practiti oners, for the settling of a scheme of reciprocity for the recognition of medical qualifications and in pursuance of any such s cheme, the Central Government may, by notification in the official Gazette, amend the Second Schedule so as to include therein the medical qualification which the Council has decided should be recognised and any such notification may also d irect that an entry shall be made in the last column of the Second Schedule against such medical qualification declaring that it shall be a recognised medic al qualification only when granted after a specified date. (3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Second Schedule by directing that an entry be made therein in respect of any m edical qualification declaring that it shall be recognised medical qualification only when granted before a specified date. (4) Where the Council has refused to recommend any medical qualification which has been proposed for recognition by any Authority refe rred to in sub -section (2) and that Authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obt aining from the council a report, if any, as to the reasons for any such refusal, may by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and the provisions of sub -section (2) shall apply to such notification. RECOGNITION OF MEDICAL QUALIFICATION GRANTED BY CERTAIN MEDICAL INSTIT UTIONS WHOSE QUALIFICATIONS ARE NOT INCLUDED IN THE FIRST OR SECOND SCHEDULE 6 13. (1) The medical qualifications granted by medical institutions in India which are not included in the First Schedule and which are included in Part I of the Third Schedu le shall also be recognised medical qualifications for the purposes of this Act. (2) The medical qualifications granted to a citizen of India: - (a) before the 15th day of August, 1947, by medical institutions in the territories now forming part of Pakistan , and, (b) before the 1st day of April, 1937, by medical institutions in the territories now forming part of Burma, which are included in part 1 of the Third Schedule shall also be recognised medical qualifications for the purposes of this Act. (3) The medical q ualifications granted by medical institutions outside India, before such date as the Central Government may, by notification in the Official Gazette, specify which are included in Part IInd of the Third Schedule shall also be recognised medical qualificat ions for the purposes of this Act, but no person possessing any such qualification shall be entitled to enrolment on any State Medical Register unles s he is a citizen of India and has undergone such practical training after obtaining that qualification as may be required by the rules or regulations in force in the country granting the qualification, or if he h as not undergone any practical training in that country he has undergone such practical training as may be prescribed. (4) The Central Government, afte r consulting the Council, may, by notification in the Official Gazette, amend Part II of the Third Schedule so as to include therein any qualification granted by a medical institution outside India, which is not included in the Second Schedule. Provided that after the commencement of the Indian Medical Council (Amendment) Act, 2001, no such amendment shall be made in Part II of the Third Schedule to include any primary medical qualificatio n granted by any medical institution outside India: Provided furt her that nothing contained in the first proviso shall apply to inclusion in Part II of the Third Schedule any primary medical qualification granted by any medical institution outside India to any p erson whose name is entered in the Indian Medical Register. Explanation - For the purposes of this sub -section, "primary medical qualification" means any minimum qualification sufficient for enrolment on any State Medical Register or for entering the name in the Indian Medical Register. (4A) A person who is a citizen of India and obtains medical qualification granted by any medical institution in any country outside India recognised for enrolment as medical practitioner in that country after such da te as may be specified by the Central Government under sub -section (3), shall not be entitled to be enrolled on any Medical Register maintained by a State Medical Council or to have his name entered in the Indian Medical Reg ister unless he qualified the screening test in India prescribed for such purpose and such f oreign medical qualification after such person qualifies that said screening test shall be deemed to be the recognised medical qualific ation for the purposes of this Act for that person. (4B) A person who is a citizen of India shall not, after such dat e as may be specified by the Central Government under sub -section (3), be eligible to get admission to obtain medical qualification granted by any medical institution in any foreign country without obtaining an eligibility certificate issued to him by the Council and in case any such person obtains such qualification without obtaining such eligibility certificate, he s hall not be eligible to appear in the screening test referred to in sub -section (4A): Provided that an Indian citizen who has acquired the medical qualification from foreign medical institution or has obtained admission in foreign medical institution before the commencement of the Indian Medical Council (Amendment) Act, 2001 shall not be required to obtain eligibility certificate under this sub- section but, if he is qualified for admission to any medical course for recognised medical qualifica tion in any 7medical institution in India, he shall be required to qualify only the screening test prescribed for enrolment on any State Medical Registe r or for entering his name in the Indian Medical Register. (4C) Nothing contained in sub -sections (4A) and (4B) shall apply to the medical qualifications referred to in section 14 for the purposes of that section. (5) Any medical institution in India whic h is desirous of getting a medical qualification granted by it included in Part I of the Third Schedule may apply to the Central Government to have such qualificat ion recognised and the Central Government, after consulting the Council, may by notification in the Official Gazette, amend Part I of the Third Schedule so as to include such qualification therein, and any su ch notification may also direct that an entry shall be made in the last column of Part -I of the Third Schedule against such medical qualific ation declaring that it shall be a recognised medical qualification only when granted after a specified date. SPECIAL PROVISION IN CERTAIN CASES FOR RECOGNITION OF MEDICAL QUALIFICATIONS GRANTED BY MEDICAL INSTITUTIONS IN COUNTRIES WITH WHICH THERE IS NO SCHEME OF RECIPROCITY. 14. (1) The Central Government after consultation with the Council, may, by notification in the Official Gaz ette, direct that medical qualifications granted by medical institutions in any country out -side India in respect of which a scheme of reciprocity for the recognition of medical qualifications is not in force, shall be recognised me dical qualification for t he purposes of this Act or shall be so only when granted after a specified date: Provided that medical practice by perso ns possessing such qualifications: - (a) shall be permitted only if such persons are enrolled as medical practitioners in accordance w ith the law regulating the registration of medical practitioners for the time being in force in that country; (b) shall b e limited to the institution to which they are attached for the time being for the purposes of teach ing, research or charitable work ; and (c) shall be limited to the period specified in this behalf by the Central Government by general or spec ial order. (2) In respect of any such medical qualification the Central Government, after consultation with the Counci l may, by notification in the Official Gazette direct that it shall be a recognised medical qualification o nly when granted before a specified date. RIGH T OF PERSONS POSSESSING QUALIFICATIONS IN THE SCHEDULES TO BE ENROLLED . (15) (1) Subject to the other provisions contained in this Act, the medical qualifications included in the Sc hedules shall be sufficient qualification for enrolment on any State Medica l Register. (2) Save as provided in section 25, no person other than a medical practitioner enrolled on a State Medi cal Register: - (a) shall hold office as physician or surgeon or any other office (by whatever designation called) in Government or in any in stitution maintained by a local or other authority; (b) shall practice medicine in any State; (c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qual ified medical practitioner: (d) shall be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to medicine. (3) Any person who acts in contravention of any provision o f sub -section (2) shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thous and rupees, or with both; POWER TO REQUIRE INFORMATION AS TO COURSES OF STUDY AND EXAMINATIONS 16. Every University or me dical institution in India which grants a recognised medical qualification shall furnish such information as the Council may, from time to time, require as to the courses of study a nd examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification. 8 INSPECTION OF EXAMINATIONS 17. (1) The Committee shall appoin t such number of medical inspectors as it may deem requisite to inspect any medical institution, college, hospital or other institution where medical education is given, or to attend any examination held by any University or medical institution for the pr opose of recommending to the Central Government recognition of medical qualifications granted by the University or medical institution. (2) The medical inspectors shall not interfere with the conduct of any training or examination, but shall report to the c ommittee on the adequacy of the standards of medical education including staff, equipment, accommodation, training facilities prescribed for giving medical education or on the sufficiency of every examination which they attend. (3) The Committee shall forward a copy of any such report to the university or medical institution concerned and shall also forward a copy with the remarks of the University or institution thereon, t o the Central Government. VISITORS AT EXAMINATIONS

the University or institution thereon, t o the Central Government. VISITORS AT EXAMINATIONS 18. (1) The Council may appoint such number of visitors as it may deem requisite to inspect any medical institution, college, hospital or other institution where medical education is given, or to attend a ny examination held by an y University or medical institution for the purpose of grantin g recognised medical qualifications. (2) Any person, whether he is a member of the Council or not may be appointed as a visitor under this section but a person who is appointed as an inspector under section 17 for any inspection or examina tion shall not be appointed as a visitor for the same inspection or examination. (3) The visitors shall not interfere with the conduct of any training or examination but shall report t o the President of the Council on the adequacy of the standards of medical education including s taff, equipment, accommodation, training and other facilities prescribed for giving medical education or on the sufficiency of every examination which they attend. (4) The report of a visitor shall be treated as confidential unless in any particular case the P resident of the Council otherwise directs: Provided that if the Central Government requires a copy of the report of a visitor, the Council shal l furnish the same. WITHDRAWAL OF RECOGNITION . 19. (1) When upon report by the Committee or the visitor it app ear to the Council: - (a) that the courses of study and examination to be undergone in, or the proficiency required from candi dates at any examination held by any University or medical institution, (b) that the staff, equipment accommodation, training and other facilities for instruction and training provided in such University or medical institution or in any college or other institution a ffiliated to that Univers ity, do not conform to the standards prescribed by the Council, the Council shall make a repr esentation to that effect to the Central Government. (2). After considering such representation, the Central Govt. may send it to the State Government of the State in which the University or medical Institution is situated and the State Government shall f orward it alongwith such remarks as it may choose to make to the University or Medical Institution, with an intimation of the period within which the University or medical institution may submit its explanation to the State Government. (3) On the receipt of the explanation or, where no explanation is submitted within the period fixed, the n on the expiry of that period, the State Government shall make its recommendations to the Central Government (4) The Central Governm ent, after making such further inquiry, if any, as it may think fit, may by notification in the official Gazette, direct that an entry shall be made in the appropriate Schedule against the sai d medical qualification declaring that it shall be a recognised medical qualification, only when granted before a specified date or that the said medical qualification if granted to students of a specified college or institution affiliated to an y university shall be a recognised medical qualification only when granted before a specified date or, as the case may be, that the said medical qualification shall be a recognised medical qualification in relation to a specified college or inst itution affiliated to any University only when granted after a specified date. MINIM UM STANDARDS OF MEDICAL EDUCATION . 919.A (1) The Council may prescribe the minimum standards of medical education required for granting recognised medical qualifications ( other than postgraduate medical qualifications ) by universities or medical institut ions in India. (2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to all State Governments and the Council shall before submitting the regulations or any amendment thereof, as the case may be, to the Central Government for sanction, take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid. (3) The Committee shall from time to time report to the Council on the efficacy of the r egulations and may recommend to the Council such amendments thereof as it may think fit. POST -GRADUATE MEDICAL EDUCATION COMMITTEE FOR ASSISTING COUNCIL IN MATTERS RELATING TO POST -GRADUATE MEDICAL EDUCATION. 20. (1) The Council may prescribe standards o f Postgraduate Medical Education for the guidance of Universities, and may advise Universities in the matter of securing uniform standards for Postgradua te Medical Education through out India, and for this purpose the Central Govt. may constitute from amon g the members of the Council a Postgraduate Medical Education Committee (hereinafter referred to as the Post -graduate Committee) (2) The Postgraduate Committee shall consist of nine members all of whom shall be persons possessing postgraduate medical quali fications and experience of teaching or examining postgraduate students of medicine. (3) Six of the members of the Postgraduate Committee shall be nominated by the Central Government and the remaining three members shall be elected by the Council from among st its members. (4) For the purpose of considering postgraduate studies in a subject, the Postgraduate Committee may co -opt, as and when necessary, one or more members qualified to assist it in that subject. (5) The views and recommendations of the Postgra duate Committee on all matters shall be placed before the Council and if the Council does not agree with the views expressed or the recommendations made by th e Postgraduate Committee on any matter, the Council shall forward them together with its observati ons to the Central Government for decision. PROFESSIONAL CONDUCT 20.A (1) The Council may prescribe standards of professional conduct and etiquette and a code of et hics for medical practitioners. (2) Regulations made by the Council under sub -section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such prov isions shall have effect notwithstanding anything contained in any law for the time being in force. INDIAN MEDICAL REGISTER 21 (1) The Council shall cause to be maintained in the prescribed manner a register of medical pr actitioners to be known as the Indian Medical Register, which shall contain the names of all persons who are for the time b eing enrolled on any State Medical Register and who possess any of the recognised medical qualifications. (2) It shall be the duty of the Registrar of the Council to keep the Indian Medical Register in acc ordance with the provisions of this Act a nd of any orders made by the Council, and from time to time to revise the register and publish it in the Gazette of India and in such other manner as may be prescribed. (3) Such register shall be deemed to be public document within the meaning of the Indian Evidence Act, 1872 and may be proved by a copy published in the Gazette of India. SUPPLY OF COPIES OF THE STATE MEDICAL REGISTERS 22 Each State Medical Council shall supply to the Council six printed copies of the State Medical Register as so on as may be after the commencement of this Act and subsequently after the first day of April of each year, an d each Registrar of a State Medical Council shall inform the Council without delay of all additions to and other amendment s in the State Medical Register made from time to time. REGISTRATION IN THE INDIAN MEDICAL REGISTER 23 The Registrar of the Council, may, on receipt of the report of registration of a person in a St ate Medical Register or o n application made in the prescribed manner by any suc h person, enter his name in the Indian Medical Register: Provided that the Registrar is satisfied that the person concerned possesses a recognised medical qu alification. 10REMOVAL OF NAMES FROM THE INDIAN MEDICAL REGISTER 24 (1) If the name of any p erson enrolled on a State Medical Register is removed therefrom in pursuance of any power conferred by or under any law relating to medical practitioners for the time being in force in any S tate, the Council shall direct the removal of the name of such per son from the Indian Medical Register. (2) Where the name of any person has been removed from a State Medical Register on the ground of pr ofessional misconduct or any other ground except that he is not possessed of the requisite medical qualificatio ns or where any application made by the said person for restoration of his name to the State Medical Register has be en rejected, he may appeal in the prescribed manner and subject to such conditions including conditions as to the paymen t of a fee as may be laid down in rules made by the Central Government in this behalf, to the Central Government, whose de cision, which shall be given after consulting the Council, shall be binding on the State Government and on the authoriti es concerned with the preparation of the State Medical Register. PROVISIONAL REGISTRATION 25 (1) A citizen of India possessing a medical qualification granted by a medical institution outs ide India included in par t II of the Third Schedule, who is required to undergo practical training as prescribed under sub section (3) of Section 13, shall, on production of proper evidence that he has been selected for such practical training in an approved institution be entitled to be registered provisionally in a State Medical Register and shall be e ntitled to practise medicine in the approved institution for the purposes of such training and for no other purpose. (2) A person who has passed the qualifying examination of any university or Medical Institution in India for the grant of a recog nized medical qualification shall be entitled to be registered provisionally in a State Medical Regi ster for the purpose of enabling him to be engaged in employment in a resident medical capacity in any approved i nstitution, or in the Medical Service of th e Armed Forces of the Union, and for no other purpose, on production of proper evidence that he has been selected for such employment. (3) The names of all persons provisionally registered under sub -section (1) or sub -section (2) in the State Medical Register shall be entered therein separately from the names of other persons registered therein. (4) A person registered provisionally as aforesaid who has completed practical training referred to in sub section (1) or who has been engaged for the presc ribed period in employment in a resident medical capacity in any approved institution or in the Medical service of the Armed Forces of the Union, as the case may be, shall be entitled to re gistration in the State Medical Register under Section 15. REGISTRA TION OF ADDITIONAL QUALIFICATIONS 26 (1) If any person whose name is entered in the Indian Medical Register obtains any title, diplo ma or other qualification for proficiency in sanitary science, public health or medicine which is a recognized medical qua lification, he shall, on application made in this behalf in the prescribed manner be entitled to have any entry stating such other title, diploma or other qualification made against his name in the Indian Medical Register either in substitution for or in a ddition to any entry previously made. (2) The entries in respect of any such person in a State Medical Register shall be altered in accor dance with the alterations made in the Indian Medical Register. PRIVELEGES OF PERSONS WHO ARE ENROLLED ON THE IN DIAN MEDICAL REGISTER 27. Subject to the conditions and restrictions laid down in this Act, regarding medical practice b y persons possessing certain recognised medical qualifications, every person whose name is for the time being borne on th e Indian Medi cal Register shall be entitled according to his qualifications to practice as a medical practitioner in any part of India and to recover in due course of law in respect of such practice any expenses, charges in respect of medicam ents or other appliances, o r any fees to which he may be entitled. PERSONS ENROLLED ON THE INDIAN MEDICAL REGISTER TO NOTIFY CHANGE OF PLACE OF RESIDENCE OR PRACTICE 28 Every person registered in the Indian Medical Register shall notify any transfer of the place o f his residence or practice to the Council and to the State Medical Council concerned, within thirty days of such transfer faili ng which his right to participate in the election of members to the Council or a State Medical Council shall be liable to be forfeited by order of the Central Government either permanently or for such period as may be specified therein. INFORMATION TO BE FURNISHED BY THE COUNCIL AND PUBLICATION THEREOF 29. (1) The Council shall furnish such reports, copies of its minutes, abstracts of its accou nts, and other information to the Central Government as that Government may require. 11 (2) The Central Government may publish in such manner as it may think fit, any report, copy, abstra ct or other information furnished to it under this section or un der sections 17 and 18. COMMISSION OF INQUIRY 30. (1) Whenever it is made to appear to the Central Government that the Council is not complying with any of the provisions of this Act, the Central Government may refer the particulars of the complaint to a Commission of Inquiry consisting of three persons two of whom shall be appointed by the Central Government, one being a Ju dge of a High Court and one by the Council, and such Commission shall proceed to inquire in a summary manner and to rep ort to the Central Government as to the truth of the matters charged in the complaint, and in case of any charge of def ault or of improper action being found by the commission to have been established, the Commission shall recommend the re medies, if any, which are in its opinion necessary. (2) The Central Government may require the Council to adopt the remedies so recommended within such time as, having regard to the report of the Commission, it may think fit, and if the Council fails to comply with any such requirement, the Central Government may amend the regulations of the Council, or make such provision or order or take such other steps as may seem necessary to give effect to the recommendations of the Commission. (3) A Commission of inquiry shall have pow er to administer oaths, to enforce the attendance of witnesses and the production of documents, and shall have all such other necessary powers for the purpose of any inqui ry conducted by it as are exercised by a Civil Court under the Code of Civil Procedur e, 1908. PROTECTION OF ACTION TAKEN IN GOOD FAITH 31 No suit, prosecution or other legal proceeding shall lie against the Government, the Council or a St ate Medical Council or any Committee thereof, or any Officer or servant of the Government or Councils aforesaid for anything which is in good faith done or intended to be done under this Act. POWER TO MAKE RULES 32 (1) The Central Government may, by notification in the Official Gazette, make rules to carry ou t the purposes of this Act. (2) All r ules made under this section shall be laid for not less than thirty days before both Houses of Parli ament as soon as possible after they are made, and shall be subject to such modifications as Parliament may m ake during the session in which they are so lai d or the session immediately following. POWER TO MAKE REGULATIONS 33 The Council may, with the previous sanction of the Central Government, make regulations generally to carry out the purposes of this Act, and without prejudice to the generality of this p

the Central Government, make regulations generally to carry out the purposes of this Act, and without prejudice to the generality of this p ower, such regulations may provide for: - (a) the management of the property of the Council and the maintenance and audit of its accounts; (b) the summoning and holding of meetings of the Council, the times and places where such meetings are t o be held, the conduct of business thereat and the number of members necessary to constitute a quorum; (c) the resignation of members of the Council; (d) the powers and duties of the President and Vice -President (e) the mode of appointment of the Executive Committee and other Committees, the summoning and holding of meetings and the conduct of business of such Committees; (f) the tenure office, and the powers and duties of the Registrar and other officers and servants of the Council; (fa) the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fee payable with the scheme under clause (b) of sub -section (2) of section 10A; (fb) any other factors under clause (g) of sub -section (7) of section 10A; (fc) the criteria for identify ing a student who has been granted a medical qualification referred to in the Explanation to sub-section (3) of section 10B; (g) the particulars to be stated, and the proof of qualifications to be given in applications for regist ration under this Act; (h) the fees to be paid on applications and appeals under this Act; (i) the appointment, powers, duties and procedure of medical inspectors and visitors; (j) the courses and period of study and of practical training to be undertaken, the subjects of examinat ion and the standa rds of proficiency therein to be obtained, in Universities or medical institutions for grant of reco gnized medical qualifications; (k) the standards of staff, equipment, accommodation, training and other facilities for medical educatio n; 12(l) the conduct of profess ional examination; qualifications of examiners and the conditions of admissions to such examinations; (m) the standards of professional conduct and etiquette and code of ethics to be observed by medical pra ctitioners; and (m a) the modalities for conducting s creening tests under sub -section (4A), and under the proviso to sub -section (4B), and for issuing eligibility certificate under su b-section (4B), of section 13,. The following clause (m b) shall be inserted in terms of Gazette Notification dated 05.08.20 16 (m b) the designated authority, other languages and the manner of conducting of uniform entrance examinati on to all medical educational institutions at the undergraduate level and post -graduate level;. (n) any matter for which under this Act provision m ay be made by regulations. REPEAL OF ACT 27 OF 1933 34 (1) The Indian Medical Council Act, 1933 is hereby repealed. (2) Notwithstanding anything contained in this Act, until the Council is constituted in accordance with the provisions of this Act: - (a) the Medical Council of India as constituted immediately before the commencement of this Act under th e Indian Medical Council Act, 1933, with the addition of seven members nominated thereto by the Central Gover nment from among persons enrolled on any of the State Medical Registers who possess the medical qualifications included in Part I of the 3rd Schedule to this Act (hereinafter referred to as the said Medical Council) shall be deemed to be the Council constituted under this Act and may exercis e any of the powers conferred or perform any of the duties imposed on the Council; and any vacancy occurring in the said Medical Council may be filled up in such manner as Central Govt. may t hink fit; and (b) the Executive Committee and other Committe es of the said Medical Council as constituted immediately before the commencement of this Act, shall be deemed to be the Executive Committee and the Committees constitut ed under this Act.

1 THE TRANSFER OF PROPERTY ACT, 1882 _________ ARRANGEMENT OF SECTIONS ___________ PREAMBLE CHAPTER I PRELIMINARY SECTIONS 1. Short title . Commencement. Extent. 2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc. 3. Interpretation -clause. 4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) Transfe r of Property, whether moveable or immoveable 5. Transfer of property defined. 6. What may be transferred. 7. Persons competent to transfer. 8. Operation of transfer. 9. Oral transfer. 10. Condition restraining alienation. 11. Restriction repugnant to interest cleated. 12. Condition making interest determinable on insolvency or attempted aliena tion. 13. Transfer for benefit of unborn person. 14. Rule against perpetuity. 15. Transfer to class some of whom come under sections 13 and 14. 16. Transfer to take effect on failure of prior interes t. 17. Direction for accumulation. 18. Transfer in perpetuity for benefit of public. 19. Vested interest. 20. When unborn person acquires vested interest on transfer for his benefit. 21. Conting ent interest. 2 SECTIONS 22. Transfer to members of a class who attain a particular age. 23. Transfer contingent on happening of specified uncertain event. 24. Transfer to such of certain persons as survive at some period not specified. 25. Conditional transfer. 26. Fulfilment of condition precedent. 27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition. 28. Ulterior transfer conditional on happening or not happening of specified event. 29. Fulfilment of condition subsequent. 30. Prior disposition not affected by inva lidity of ulterior disp osition. 31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen. 32. Such condition must not be invalid. 33. Transfer conditional on performance of act, no time being specified for per formance. 34. Transfer conditional on performance of act, time being specified. Election 35. Election when necessary. Apportionment 36. Apportionment of periodical payments on determination of interest of person entitled. 37. Apportionment of benefit of obligation on severance. (B) Transfer of Immoveable Property 38. Transfer by person authori sed only under certain circumstances to transfer. 39. Transfer where third person is entitled to maintenance. 40. Burden of obligation imposing restriction on use of land or of obligation annexed to ownership but not amounting to interest or easement. 41. Transfer by ostensible owner. 42. Transfer by person having authority to revoke former transfer. 43. Transfer by unauthori sed person who subsequently acquires interest in property transferred. 44. Transfe r by one co -owner. 45. Joint transfer for consideration. 46. Transfer for consideration by persons having distinct interests. 47. Transfer by co -owners of share in common property. 48. Priority of rights created by transfer. 49. Transferee's right under policy. 50. Rent bona fide paid to holder under defective title. 3 SECTIONS 51. Improvements made by bona fide holders under defective titles. 52. Transfer of property pending suit relating thereto. 53. Fraudulent transfer. 53A. Part performance. CHAPTER III OF SALES OF IMMOVEABLE PROPERTY 54. Sale defined. Sale how made. Contract for sale. 55. Rights and liabilities of buyer and seller. 56. Marshalling by subsequent purchaser. Discharge of Incumbrances on Sale 57. Provision by Court for incumbranc es and sale freed therefrom. CHAPTER IV OF MORTGA GES OF IMMOVEABLE PROPERTY AND CHARGES 58. Mortgage , mortgagor , mortgagee , mortgage -money and mortgage - deed defined. Simple mortgage. Mortgage by conditional sale. Usufructuary mortgage. English mortgage. Mortgage by deposit of title -deeds. Anomalous mortgage. 59. Mortgage when to be by assurance. 59A. References to mortgagors and mortgagees to include persons deriving title from them. Rights and Liabilities of Mortgagor 60. Right of mortgagor to redeem. Redemption of portion of mortgaged property. 60A. Obligation to transfer to third party instead of re -tran sference to mortgagor. 60B. Right to inspection and production of documents. 61. Right to redeem separately or simultaneously. 62. Right of usufructuary mortgagor to recover possession. 63. Accession to mortgaged property. Accession acquired in virtue of transferred ownership. 4 SECTIONS 63A. Improvements to mortgaged property. 64. Renewal of mortgaged lease. 65. Implied contracts by mortgagor. 65A. Mortgagor s power to lease. 66. Waste by mortgagor in possession. Rights and liabilities of Mortgagee 67. Right to foreclosure or sale. 67A. Mortgagee when bound to bring one suit on several mortgages. 68. Right to sue for mortgage -money. 69. Power of sale when valid. 69A. Appointment of receiver. 70. Accession to mortgaged property. 71. Renewal of mortgaged lease. 72. Rights of mortgagee in possession. 73. Right to proceeds of revenue sale or compensation on acquisition. 74. [Repealed .]. 75. [Repealed .]. 76. Liabilities of mortgagee in possession. Loss occasioned by his defa ult. 77. Receipts in lieu of interests. Priority 78. Postponement of prior mortgagee. 79. Mortgage to secure uncertain amount when maximum is expressed. 80. [Repealed. ]. Marshalling and Contribution 81. Marshalling securities. 82. Contribution to mortgage -debt. Deposit in Court 83. Power to deposit in Court money due on mortgage. Right to money deposited by mortgagor. 84. Cessation of interest. Suits for Foreclosure, Sale or Redemption 85. [Repealed. ]. Foreclosure and Sale 86. [Repealed .]. 87. [Repealed .]. 88. [Repealed .]. 5 SECTIONS 89. [Repealed .]. 90. [Repealed .]. Redemption 91. Persons who may sue for redemption. 92. Subrogation. 93. Prohibition of tacking . 94. Right s of mesne mortgagee . 95. Right of redeeming co -mortgagor to expenses. 96. Mortgage by deposit of title -deeds. 97. [Repealed .]. Anomalous Mortgages 98. Rights and liabilities of parties to anomalous mortgages. 99. [Repealed .]. Charges 100. Charges. 101. No merger in case of subsequent encumbrance. Notice and Tender 102. Service or tender on or to agent. 103. Notice, etc., to or by person incompetent to contract. 104. Power to make rules. CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY 105. Lease defined. Lessor, lessee, premium and rent defined. 106. Duration of certain leases in absence of written contract or local usage. 107. Leases how made. 108. Rights and liabilities of lessor and lessee. A.Rights and liabilities of the lessor. B.Rights and liabilities of the lessee. 109. Rights of lessor s transferee. 110. Exclusion of day on which term commences. Duration of lease for a year. Option to determine lease. 111. Determination of lease. 112. Waiver of forfeiture. 113. Waiver of notice to quit. 114. Relief against forfeiture for non -payment of rent. 6 SECTIONS 114A. Relief against forfeiture in certain other cases. 115. Effect of surrender and forfeiture on under -leases. 116. Effect of holding over. 117. Exemption of leases for agricultural purposes. CHAPTER VI OF EXCHANGES 118. Exchange defined. 119. Right of party deprived of thing received in exchange. 120. Rights and liabilities of parties. 121. Exchange of money. CHAPTER VII OF GIFTS 122. Gift defined. Acceptance when to be made. 123. Transfer how effected. 124. Gift of existing and future property. 125. Gift to several, of whom one does not accept. 126. When gift may be suspended or revoked. 127. Onerous gifts. Onerous gift to disqualified person. 128. Universal donee. 129. Saving of donations mortis causa and Muhammadan law. CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS 130. Transfer of actionable claim. 130A . [Repealed. ]. 131. Notice to be in writing, signed. 132. Liability of transferee of actionable claim. 133. Warranty of solvency of debtor. 134. Mortgaged debt. 135. Assignment of rights under policy of insuran ce aga inst fire. 135A. [ Repealed. ]. 136. Incapacity of officers connected with Courts of Justi ce. 137. Saving of negotiable instruments, etc. THE SCHEDULE. 7 THE TRANSFER OF PROPERTY ACT, 1882 ACT NO. 4 OF 1882 [17th February, 1882.] An Act to amend the law relating to the Transfer of Property by act of Parties. Preamble .WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; It is hereby enacted as follows: CHAPTER I PRELIMINARY 1. Short title. This Act may be called the Transfer of Property Act, 1882. Commencement. It shall come into force on the first day of July, 1882. Extent .1[It extends2 in the first instance to the whole of India. except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of], Bombay, Punjab and Delhi.] 4[But this Act or any part thereof may by 5notification in the Official Gazette be extended to the whole or any part of 6[the said territories] by the State Government concerned.] 7[And any State Government may 8*** from time to time, by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administere d by such State Government from all or any of the following provisions, namely: Sections 54, paragraphs 2 and 3, 59, 107 and 123.] 1. Subs. by the A.O. 1950, for the third paragraph. 2. The application of this Act was barred in the Naga Hills District, including the Mokokchung Sub -division, the Dibrugarh Frontier Tract, the North Cachar Hills, the Garo Hills, the Khasi and Jantia Hills and the Mikir hills Tract, by notification under s. 2 of the Assa m Frontier Tracts Regulation, 1880 ( Reg. 2 of 1880). Partially extended to Berar by Act 4 of 1941. Extended to Manipur by Act 68 of 1956; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch.; to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1 968, s. 3 and Sch. It has been amended to Bombay by Bombay Act 14 of 1939, 57 of 1959, in U.P. by U.P. Act 24 of 1954, 14 of 1970 and 57 of 1976. Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and Fifth Schedule (w .e.f. 31 -10-2019). 3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for Part B States . 4. Subs. by the A.O. 1937, for the original paragraph. 5. The Act has been extended to The Presidency of Bombay (except Scheduled Districts) w.e.f. 1 -1-1893; to Mehwassi Estate by Born. Reg. 1 of 1949; and to former princely area w.e.f. 1 -4-1951; now applicable to whole of Maharashtra; Gujarat (Saurashtra area) by Saurashtra Ordinance 25 of 1949, and to Kutch area w.e.f. 1-1-1950. Madhya Pradesh: Mysore, w.e.f. 1 -4-1951; Rajasthan, w.e.f. 1 -7-

e.f. 1 -4-1951; Rajasthan, w.e.f. 1 -7-1952; the former State of Travancore -Cochin, w.e.f. 1 -5-1952, now applicable to whole of Kerala. The provisions o( sections 54, 107 and 123 were extended to Delhi, w.e.f. 30 -5-1939. Section 129 was extended to certain areas of Delhi w.e.f. 16 -11-1940 and to the remaining areas w.e.f. 1 -12-1962. the remaining provisions were also extended to the Union territory of Delhi w.e.f. 1 -12-1962; Himachal Pradesh, w.e.f. 7 -12-1970: Punjab, w.e.f. 1 -4-1955 and to former princely area w.e.f. 15 -5-1957. (Section 59 was enforced in Haryana area, w.e.f. 5 -8-1967). The Act has been declared in force in the Pargana of Manpur by the Manpur Law Regulation, 1926 ( Reg. 2 of 1926), in Panth Piploda by the Panth Piploda Laws Regulation, 1929 ( Reg. 1 of 1929) , and in the State of Sikkim on 1.9.1984 vide Notification No. S.O. 643(E), dated 24 -8-1984, Gazette of India, Extraordinary, Pt. II, sec. 3(0. The Act has been repealed as to Government Grants by the Government Grants Act, 1895 (15 of 1895). The Act has been repealed or modified to the extent necessary to give effect to the provisions of Madras Act 3 of 1922, in the City of Madras see s. 13 of Madras Act 3 of 1922. 6. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for said States . 7. Subs. by Act 3 of 1885, s. 1, for the original paragraph. 8. The words with the previous sanction of the Governor General in Council omitted by Act 38 of 1920, s. 2 and the Schedule . 8 1[Notwithstanding anything in the foregoing part of this section, sections 54, paragraphs 2 and 3, 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the Indian Registration Act, 2[1908 (16 of 1908)], under the power conferred by the first section of that Act or otherwise.] 2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc. In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall be deemed to affect (a) the provisions of any enactment not he reby expressly r epeal ed: (b) any terms or incidents of any contract or constitution of property which ar e consistent with the provisions of this Act, and ar e allowed by the law for the time being in force : (c) any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability : or (d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or b y, or in execution of, a decree or order of a Court of competent jurisdiction : and nothing in the second chapter of this Act shall be deemed to affect any rule of 3*** Muhammadan 4*** law. 3. Interpretation -clause .In this Act, unless there is something repugnant in the subject or context, immoveable property does not include standing timber, growing crops or grass : instrument , means a non -testamentary instrument : 5[attested , in relation t o an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the dir ection of the executant, or has received from the executant a personal acknowledgement of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be nece ssary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary :] registered means registered in 6[7[any part of the territories] to which this Act extends] under the law8 for the time being in force regulating the registration of documents : attached to the earth means (a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached : 9[actionable claim means a claim to any debt, other than a debt secured by mortgage of 1. Added by Act 3 of 1885, s. 2 (w.e.f. 1 -7-1882). 2. Subs. by Act 20 of 1929, s. 2, for 1877. 3. The word Hindu omitted by s. 3, ibid. 4. The words or Buddhist omitted by s. 3, ibid. 5. Ins. by Act 27 of 1926, s. 2, as amended by Act 10 of 1927, s. 2 and Sch. I. 6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for a Part A State or a Part C State (w.e.f. 1 -4-1951). 7. Subs. by the Adaptation of Laws (No. 2) Order 1956, for any State. 8. See the Indian Registration Act, 1908 (16 of 1908). 9. Ins. by Act 2 of 1900 , s. 2. 9 immoveable property or by hypothecation or pledge of moveable property, or to any benefic ial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accuring, conditional or contingent :] 1[a person is said to have notice ] of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation I.Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instr ument as from the date of registration or, 2[where the property is not all situated in one sub -district, or where the registered instrument has been registered under sub -section ( 2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub -Registrar within whose sub -district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situate d]: Provided that (1) the instrument has been registered and its registration completed in the manner prescribed by the Indian Registration Act, 1908 (16 of 1908) and the rules made thereunder, (2) the instrument 3[or memorandum] has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and (3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act. Explanation II.Any person acquiring any immoveable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof. Explanation III.A person shall be deemed to h ave had notice of any fact if his agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material: Provided that, if the agent fraudulently conceals the fact, the principal shall not be charged with notice thereof as against any person who was a party to or otherwise cognizant of the fraud.] 4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. The chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872) . 4[And sections 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Indian Registration Act , 5[1908 (16 of 1908 )].] 1. Subs. by Act 20 of 1929, s. 4, for certain words. 2. Subs. by Act 5 of 1930, s. 2, for certain words. 3. Ins. by s. 2, ibid. 4. Added by Act 3 of 1885, s. 3. 5. Subs. by Act 20 of 1929, s. 5, for 1877 . 10 CHAPTER II1 OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) Transfer of Property, whether moveable or immoveable 5. Transfer of property defined .In the following sections transfer of property means an act by which a liv ing person conveys property, in present or in future, to one or more other living persons, or to himself, 2[or to himself] and one or more other living persons; and to transfer property is to perform such act. 3[In this section living person includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.] 6. What may be transferred .Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force . (a) The chance of an heir -apparent succeeding to an estate, the chance of a relation obtaining a legac y on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred. (b) A mere right of re -entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby. (c) An easement cannot be transferred apart from the dominant heritage. (d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. 4[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred .] (e) A mere right to sue 5***cannot be transferred. (f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable. (g) Stipends allowed to military 6[,naval], 7[air-force] and civil pensioners of 8[Government] and political pensions cannot be transferred. (h) No transfer can be made ( 1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 9[for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally disqualified to be transferee]. 10[(i) Nothing in this section shall be deemed to authori se a tenant having an untr ansferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.] 7. Persons competent to transfer. Every person competent to contract and entitled to transferable property, or authori sed to dispose of transferable property not his own, is competent to transfer such property either wholly or in part and either absolutely or conditi onally, in the circumstances, to the extent and in the manner, allowed and prescribed by any law for the time being in force. 1. Nothing in Chapter II is to be deemed to affect any rule of Muhammadan Lawsee s. 2, supra 2. Ins. by Act 20 of 1929, s. 6. 3. Added by s. 6, ibid. 4. Ins. by s. 7, ibid. 5. The words for compensation for a fraud or for harm illegally caused omitted by Act 2 of 1900, s. 3. 6. Ins. by Act 35 of 1934, s. 2 and the Schedule . 7. Ins. by Act 10 of 1927, s. 2 and the First Schedule. 8. The word Government successively adapted by the A.O. 1937 and A.O. 1950 to re ad as above. 9. Subs. by Act 2 of 1900, s. 3, for for an illegal purpose. 10. Added by Act 3 of 1885, s. 4. 11 8. Operation of transfer. Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof. Such incidents include, where the property is land, the easements annexed thereto, the rents and profits there of accruing after the transfer, and all things attached to the earth; and, where the property is machinery attached to the earth, the moveable parts thereof; and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows and all other things provided for permanent use therewith; and, where the property is a debt or other actionable claim, the securities therefor (except where they are also for other debts or claims n ot transferred to the transferee), but

claim, the securities therefor (except where they are also for other debts or claims n ot transferred to the transferee), but not arrears of interest accrued before the transfer; and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect. 9. Oral transfer. A transfer of property may be made without writing in every case in which a writing is not expressly required by law. 10. Condition restraining alienation .Where property is transferred subject to a condition or limitation absolutely restraining the transfer ee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him: provide d that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein. 11. Restriction repugna nt to interest created. Where, on a transfer of property, an interest ther ein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction. 1[Where any such direction has been made in respect of one piece of immoveable property for the purpose of securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof.] 12. Conditi on making interest determinable on insolvency or attempted alie nation. Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or endeavouring to transfer or dispose of the same, such cond ition or limitation is void. Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him. 13. Transfer for benefit of unborn person. Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property. 1. Subs. by Act 20 of 1929, s. 8, for the second paragraph. 12 Illustration A transfers property of which he is the owner to B in trust for A and his intended wife succesively for their lives, and, aft er the death of the survivor for the eldest son of the intended marriage fo r life, and after his death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining inte rest in the property. 14. Rule against perpetuity .No transfer of p roperty can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong. 15. Transfer to class some of whom come under sections 13 and 14. If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained in sections 13 and 14; such interest fails 1[in regard to those persons only and not in regard to the whole class]. 2[16. Transfer to take effect on failure of prior interest. Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of such class, any interest created in the same transaction and intended to take effect after or upon failure of such prior interest also fails. 17. Direction for accumulation .(1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than (a) the life of the transferor, or (b) a period of eighteen years from the date of the transfer, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last -mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. (2) This section shall not affect any directio n for accumulation for the purpose of (i) the payment of the debts of the transferor or any other person taking any interest under the transfer, or (ii) the provision of portions for children or remoter issue of the transferor or of any other person takin g any interest under the transfer, or (iii) the preservation or maintenance of the property transferred; and such direction may be made accordingly. 18. Transfer in perpetuity for benefit of public .The restrictions in sections 14, 16 and 17 shall not apply in the case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety, or any other object beneficial to mankind.] 19. Vested interest .Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, su ch interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession. Explanation. An intention that an interest shall not be vested is not to be inferred merely -from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is 1. Subs. b y Act 20 of 1929, s. 9, for as regards the whole class. 2. Subs. by s. 10, ibid., for s . 16, 17 and 18. 13 directed to be accumulated until t he time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person. 20. When unborn person acquires vested interest on transfer for his benefit .Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appear from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his bi rth. 21. Contingent interest. Where , on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereb y acquires a contingent interest in the property. Such interest becomes a vested interest, in the former case, on the happening of the event, in the latter, when the happening of the event becomes impossible. Exception. Where, under a transfer of property, a person becomes entitled to an interest therein upon attaining a particular age, and the transferor also gives to him absolutely the income to arise from such interest before he reaches that age, or directs the income or so much thereof as may be necessa ry to be applied for his benefit, such interest is not contingent. 22. Transfer to members of a class who attain a particular age. Where, on a transfer of property, an interest therein is created in favour of such members only of a class as shall attain a particular age, such interest does not vest in any member of the class who has not attained that age. 23. Transfer contingent on happening of specified uncertain event. Where, on a transfer of property, an interest therein is to accrue to a specified perso n if a specified uncertain event shall happen, and no time is mentioned for the occurrence of that event, the interest fails unless such event happens before, or at the same time as, the intermediate or precedent interest ceases to exist. 24. Transfer to such of certain persons as survive at some period not specified .Where , on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer. Illustration A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the life of B. D survives B . At B's death the property passes to D. 25. Conditional transfer. An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court rega rds it as immoral or opposed to public policy. Illustrations (a) A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void. (b) A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the d ate of the transfer C was dead. The transfer is void. (c) A transfers Rs. 500 to B or condition that she shall murder C. The transfer is void. (d) A transfer s Rs. 500 to his n iece C if she will desert her husband. The transfer is void. 26. Fulfilment of condition precedent. Where the terms of a transfer of property impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with. Illustr ations (a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D, and E. E dies. B marries with the consent of C and D. B is deemed to have fulfilled the condition. (b) A transfers Rs. 5,000 to B on condition that he shall ma rry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition. 14 27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition .Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor. But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposi tion fails in that manner. Illustrations (a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after A s death, and, if he should neglect to do so, to C. B dies in A's life -time. The disposition in favour of C takes effect. (b) A transfers property to his wife; but, in case she should die in his life -time, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died befor e him. The disposition in favour of B does not take effect. 28. Ulterior transfer conditional on happening or not happening of specified event .On a transfer of property an interest therein may be created to accrue to any person with the condition superadd ed that in case a specified uncertain event shall happen such interest shall pass to another person, or that in case a specified uncertain event shall not happen such interest shall pass to another person. In each case the dispositions are subject to the r ules contained in sections 10, 12, 21, 22, 23, 24, 25 and 27. 29. Fulfilment of condition subsequent .An ulterior disposition of the kind contemplated by the last preceding section cannot take effect unless the condition is strictly fulfilled. Illustration A transfers Rs. 500 to B, to be paid to him on his attaining his majority or marrying, with a proviso that, if B dies a minor or marries without C's consent, the Rs. 500 shall go to D. B marries when only 17 years of age, without C's consent. The transfer to D takes effect. 30. Prior disposition not affected by invalidity of ulterior disposition .If the ulterior disposition is not valid, the prior disposition is not affected by it. Illustration A transfers a farm to B for her life, and, if she do not deser t her husband to C. B is entitled to the farm during her life as if no condition had been inserted. 31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen .Subject to the provisions of section 12, on a transfer of property an interest therein may be created with the condition superadded that it shall cease to exist in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (a) A trans fers a farm to B for his life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. He loses his life -interest in the farm. (b) A transfers a farm to B, provided that, if B shall not go to England within three years after the date of the transfer, his interest in the farm shall cease. B does not go to England within the term prescribed. His interest in the farm ceases. 32. Such condition must not be invalid .In order that a condition that an interest shall cease to exist may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of the creation of an interest. 33. Transfer conditional on performance of act, no time being specifi ed for performance .Where, on a transfer of property, an interest therein is created subject to a condition that the person taking it shall perform a certain act, but no time is specified for the performance of the act, the conditi on is broken when he renders impossible, permanently or for an indefinite period, the performance of the act. 34. Transfer conditional on performance of act, time being specified .Where an act is to be performed by a person either as a condition to be fulf illed before an interest created on a transfer of 15 property is enjoyed by him, or as a condition on the non -fulfillment of which the interest

created on a transfer of 15 property is enjoyed by him, or as a condition on the non -fulfillment of which the interest is to pass from him to another person, and a time is specified for the performance of the act, if such performance within the specified time is prevented by the fraud of a person who would be directly benefited by non -fulfilment of the condition, such further time shall as against him be allowed for performing the act as shall be requisite to make up for the delay caus ed by such fraud. But if no time is specified for the performance of the act, then, if its performance is by the fraud of a person interested in the non -fulfilment of the condition rendered impossible or indefinitely postponed, the condition shall as again st him be deemed to have been fulfilled. Election 35. Election when necessary .Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor or his representative as if it had not been disposed of, subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to th e disappointed transferee the amount or value of the property attempted to be transferred to him. Illustrations The farm of Sultanpur is the property of C and worth Rs. 800. A by an instrument of gift professes to transfer it to B, givin g by the same instr ument Rs. 1,000 to C. C elects to retain the farm. He forfeits the gift of Rs. 1,000. In the same case, A dies before the election. His representative must out of the Rs. 1,000 pay Rs. 800 to B. The rule in the first paragraph of this section applies whether the transferor does or does not believe that which he professes to transfer to be his own. A person taking no benefit directly under a transaction, but deriving a benefit under it indirectly, need not elect. A person who in his one capacity takes a benefit under the transaction may in another dissent therefrom. Exception to the last preceding four rules. Where a particular benefit is expressed to be conferred on the owner of the property which the transferor professes to transfer, and such benefit i s expressed to be in lieu of that property, if such owner claim the property, he must relinquish the particular benefit, but he is not bound to relinquish any other benefit conferred upon him by the same transaction. Acceptance of the benefit by the person on whom it is conferred constitutes an election by him to confirm the transfer, if he is aware of his duty to elect and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives enquiry into the c ircumstances. Such knowledge or waiver shall, in the absence of evidence to the contrary, be presumed, if the person on whom the benefit has been conferred has enjoyed it for two years without doing any act to express dissent. Such knowledge of waiver may be inferred from any act of his which renders it impossible to place the persons interested in the property professed to be transferred in the same condition as if such act had not been done. Illustration A transfers to B an estate to which C is entitled, and as part of the same transaction gives C a coal -mine. C takes possession of the mine and exhausts it. He has thereby confirmed the transfer of the estate to B. 16 If he does not within one year after the date of the transfer signify to the transferor or hi s representatives his intention to confirm or to dissent from the transfer, the transferor or his representative may, upon the expiration of that period, require him to make his election; and, if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the transfer. In case of disability, the election shall be postponed until the disability ceases, or until the election is made by some competent authority. Appointment 36. Appor tionment of periodical payments determination of interest of person entitled .In the absence of a contract or local usage to the contrary, all rents annuities, pensions, dividends and other periodical payments in the nature of income shall, upon the transf er of the interest of the person entitled to receive such payments, be deemed, as between the transferor and the transferee, to accrue due from day to day, and to be apportionable accordingly, but to be payable on the days appointed for the payment thereof . 37. Apportionment of benefit of obligation on severance .When, in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of a contract to the contrary amongst the owners, be performed in favour of each of such owners in proportion to the value of his share in the property, provided that the duty can be severed an d that the severance does not substantially increase the burden of the obligation; but if the duty cannot be severed, or if the severance would substantially increase the burden of the obligation the duty shall be performed for the benefit of such one of t he several owners as they shall jointly designate for that purpose: Provided that no person on whom the burden of the obligation lies shall be answerable for failure to discharge it in manner provided by this section, unless and until he has had reasonable notice of the severance. Nothing in this section applies to leases for agricultural purposes unless and until the State Government by notification in the Official Gazette so directs. Illustrations (a) A sells to B, C and D a house situated in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat sheep, B having provided half the purchase -money and C and D one quarter each. E, having notice of this, must pay Rs. 15 to B, Rs. 7 to C, and Rs. 7 to D, and must deliver the sheep according to the Joint direction of B, C and D. (b) In the same case, each house in the village being bound to provide ten days' labour each year on a d yke to prevent inundation , E had agreed as a term of his lease to perform this work for A. B, C and D severally require E to perform the ten days' work due on account of the house of each. E is not bound to do more than ten days' work in all, according to such direc tions as B, C and D may join in giving. (B) Transfer of Immovable property 38. Transfer by person authorised only under certain circumstances to transfer .Where any person, authori sed only under circumstances in their nature variable to dispose of immoveable property, transfers such property for consideratio n, alleging the existence of such circumstances, they shall, as between the transferee on the one part and the transferor and other persons (if any) affected by the transfer on the other part, be deemed to have existed, if the transferee, after using reaso nable care to ascertain the existence of such circumstances, has acted in good faith. Illustration A, a Hindu widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for her maintenance, agrees, for pu rposes neither religious nor charitable, to sell a field, part of such property, to B. B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance, and that the sale of the f ield is necessary, and acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the other part, a necessity for the sale shall be deemed to have existed. 39. Transfer where third person is entitled to maintenance .Where a third person has a right to receive maintenance, or a provision for advancement or marriage, from the profits of immoveable property, and such property is transferred 1*** the right may be enforced against the transferee, if he has notice 2[thereof] or if the 1. The words with the intention of defeating such right omitted by Act 20 of 1929, s. 11. 2. Subs. by s. 11, ibid., for of such intention. 17 transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands. 1* * * * * 40. Burden of obligation imposing restriction on use of land .Where, for the more beneficial enjoyment of his own immoveable property, a third person has, independently of any interest in the immoveable property of another or of any easement thereon, a right to restrain the enjoyment2 [in a particular manner of the latter property], or or of obligation annexed to ownership but not amounting to interest or easement .where a third person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of immoveable property, but not amounting to an interest therein or easeme nt thereon, such right or obligation may be enforced against a transferee with notice thereof or a gratuitous transferee of the property affected thereby, but not against a transferee for consideration and without notice of the right or obligation, nor aga inst such property in his hands. Illustration A contracts to sell Sultanpur to B. While the contract is still in force he sells Sultanpur to C, who has notice of the contr act. B may enforce the contract against C t o the same extent as against A. 41. Transf er by ostensible owner .Where, with the consent, express or implied, of the persons interested in immoveable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be violable on the gro und that the transferor was not authorised to make it: Provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith. 42. Transfer by person having authority to revoke fo rmer transfer .Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the power. Illustration A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value. Afterwards A, thinking that such a use has been made, lets the house to C. This operates as a revocati on of B's lease subject to the opinion of the surveyor as to B's use of the house having been detrimental to its value . 43. Transfer by unauthori sed person who subsequently acquires interest in property transferred .Where a person 3[fraudulently or] errone ously represents that he is authori sed to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option. Illustration A, a Hindu who has separated from his father B, sells to C three fields, X, Y and Z, representing that A is authori sed to transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B's dying A as heir obtains Z.C, not having rescinded the contract of sale, may require A to deliver Z to him . 44. Transfer by one co -owner .Where one of two or more co -owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give effect to the transfer, the transferor's 1. The Illustrations omitted by Act 20 of 1929, s. 11. 2. Subs. by s. 12, ibid., for of the latter property or to compel its enjoyment in a particular manner. 3. Ins. by s. 13, ibid. 18 right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so t ransferred. Where the transferee of a share of a dwelling -house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house. 45. Joint transfer for consideration .Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectivel y entitled to interests in such property identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the shares of the consideration which they respectively advanced. In the absence of evidence as to the interests in the fund to which they were respe ctively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property. 46. Transfer for consideration by persons having distinct interests .Where immoveable property is transferred f or consideration by persons having distinct interests therein, the transferors are, in the absence of a contract to the contrary, entitled to share in the consideration equally, where their interests in the property were of equal value, and, where such int erests were of unequal value, proportionately to the value of their respective interests. Illustration (a) A, owing a moiety, and B and C, each a quarter share, of mauza Sultanpur, exchange an eighth share of that mauza for a quarter share of mauza Lalpura . There being no agreement to the contrary, A is entitled to an eighth share in Lalpura, and B and C each to a sixteenth share in that mauza. (b) A, being entitled to a life -interest in mauza Atrali and B and C to the reversion, sell the mauza for Rs. 1,00 0. A's life-interest is ascertained to be worth Rs. 600, the reversion Rs. 400 . A is entitled to receive Rs. 600 out of the purchase -money. B and C to receive Rs. 400 0. 47. Transfer by co -owners of share in common property .Where several co-owners of immoveable property transfer a share therein

. Transfer by co -owners of share in common property .Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the s hares were equal, and , where they were unequal, proprotionately to the extent of such shares. Illustration A, the owner of an eight -anna share, and B and C, each the owner of a four -anna share, in mauza Sultanpur, transfer a two-anna share in the mauza to D, without specifying from which of their several shares the transfer is made. To give effect to the transfer one -anna share is taken from the share of A, and half -an-anna share from each of the shares of B and C. 48. Priority of ri ghts created by transfer. Where a person purports to create by transfer at different times rights in or over the same immoveable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shall, in th e absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created. 49. Transferee s right under policy. Where immoveable property is transferred for consideration, and such property or any part thereof is at the date of the transfer insured against loss or damage by fire, the transferee, in case of such loss or damage, may, in the absence of a contract to the contrary, require any money which the transferor actually receives under the policy, or so much thereof as may be necessary, to be applied in reinstating the property. 50. Rent bona fide paid to holder under defective title. No person shall be chargeable with any rents or profits of any immoveable property, which he has in good faith paid or delivered to any person of whom he in good faith held such property, notwithstanding it may afterwards appear that the person to whom such payment or delivery was made had no right to receive such rents or profits. 19 Illustration A lets a field to B at a r ent of Rs. 50, and then transfers the field to C. B, having no notice of the transfer, in good faith pays the rent to A. B is not chargeable with the rent so paid. 51. Improvements made by bona fide holders under defective titles .When the transferee of immoveable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted there from by any person having a better title, the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured to the transferee, or to sell his interest in the property to the transferee at the then market value thereof , irrespective of the value of such improvement. The amount to be paid or secured in respect of such imp rovement shall be the estimated value thereof at the time of the eviction. When, under the circumstances aforesaid, the transferee has planted or sown on the property crops which ar e growing when he is evicted t herefrom, he is entitled to such crops and to free ingress and egress to gather and carry them. 52. Transfer of property pending suit relating thereto .During the 1[pendency] in any Court having authority 2[3[within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4[the Central Government 5***] , of 6[any] suit or proceeding 7[which is not collusive and] in. which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or or der which may be made therein, except under the authority of the Court and on such terms as it may impose. 7[Explanation. For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation o f the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order , has been ob tained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.] 8[53. Fraudulent transfer .(1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed. Nothing in this sub -section shall impair the rights of a transferee in good faith and for consideration. Nothing in this sub -section shall affect any law for the time being in force relating to insolvency. A suit instituted by a creditor (which term includes a decree -holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor, shall be instituted on behalf of, or for the benefit of, all the creditors. (2) Every transfer of immoveable property made without consideration with intent to defraud a subsequent transferee shall be voidable at the option of such transferee. 1. Subs. by Act 20 of 1929, s.14, for active prosecution. 2. Subs. by A.O. 1950, for in the Provinces or established beyond the limits of the Provinces. 3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for within the limits of Part A States and Part C States (w.e.f. 1 -4-1951). 4. Subs. by A.O. 1937, for the Governor General in Council. 5. The words or the C rown Representative Rep. by the A.O. 1948. 6. Subs. by Act 20 of 1929, s. 14, for a contentious . 7. Ins. by s. 14, ibid 8. Subs. by s. 15, ibid., for s . 53. 20 For the purposes of this sub -section, no transfer made without consideration shall be deemed to have been made with intent to defraud by reason only that a subsequent transfer for consid eration was made.] 1[53A. Part performance .Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasona ble certainty, and the transferee has , in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2***, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the t ime being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, ot her than a right expressly provided by the terms of the contract : Provided that nothing in this section sh all affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.] CHAPTER III OF SALES OF IMMOVEABLE PROPERTY 54. Sale defined .Sale is a transfer of ownership in exchange for a price paid or promised or part -paid and part -promised. Sale how made .Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument. In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instru ment or by delivery of the property. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. Contract for sale .A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties . It does not, of itself, create any interest in or charge on such property. STATE AMENDMENTS Assam. Amendment of section 54 of the Central Act 4 of 1882. In Section 54 of the principal Act, in para 2, for the expression by a registered instrument the following expression shall be substituted, namely: by an instrument registered in the State of Assam, notwithstanding anything contained in the India Registration Act, 1908 (Act 16 of 1908) to the contrary. [Vide Assam Act 10 of 1976, s. 2.] 55. Rights and liabilities of buyer and seller .In the absence o f a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold: (1) The seller is bound (a) to disclose to the buyer any material defect in the property 3[or in the seller s title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover ; 1. Ins. by Act 20 of 1929, s. 16. 2. The words the contract though required to be registered, has not been registered, or omitted by Act 48 of 2001, s. 10 (w.e.f. 24-9-2001). 3. Ins. by Act 20 of 1929, s. 17. 21 (b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller's possession or power; (c) to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title there to; (d) on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place; (e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents; (f) to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits; (g) to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all incumbrances on such property due on such date, and, except where the property is sold subject to incumbrances, to discharge all incumbrances on the property then existing. (2) The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same : Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is incumbered or whereby he is hindered from transferring it. The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. (3) Where the whole of the purchase -money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller s possession or power: Provided that, ( a) whe re the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and, ( b) where the whole of such property is sold to different buyers the buyers, of the lot of greatest value is entitled to such documents. But in case ( a) the seller, and in case ( b) the buyer , of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless p revented from so doing by fire or other inevitable accident. (4) The seller is entitled (a) to the rents and profits of the property till the ownership thereof passes to the buyer; (b) where the ownership of the property has passed to the buyer before payment of the whole of the purchase -money, to a charge upon the property in the hands of the buyer, 1[any transferee without consideration or any transferee with notice of the non -paymen t,] for the amount of the purchase -money, or any part thereof remaining unpaid, and for interest on such amount or part 1[from the date on which possession has been delivered]. (5) The buyer is bound (a) to disclose to the seller any fact as to the nature or extent of the seller s interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; 1. Ins. by Act 20 of 1929, s. 17. 22 (b) to pay or tender, at the time and place of completing the sale, the purchase -money to the seller or such person, as he directs: provided that, where the property is sold free from incumbrances, the buyer may retain out of the purchase -money the amount of any incumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not cau sed by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any incumbrances subj ect to which the property is sold, and the interest thereon afterwards accruing due. (6) The buyer is entitled (

the property is sold, and the interest thereon afterwards accruing due. (6) The buyer is entitled (a) where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof; (b) unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him 1*** to the extent of the seller's interest in the property, for the amount of any purchase -money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission. An omission to make such disclosures as are mentioned in this section, paragraph ( 1), clause ( a), and paragraph ( 5), clause ( a), is fraudulent. 2[56. Marshalling by subsequent purchaser .If the owner of two or more properties mortgages them to one person and then sells one or more of the properties to another person, the buyer is, in the absence of a contract to the contrary, entitled to have the mortgage -debt sat isfied out of the property or properties not sold to him, so far as the same will extend, but not so as to prejudice the rights of the mortgagee or p ersons claiming under him or any other person who has for consideration acquired an interest in any of the properties.] Discharge of Incumbrances on Sale 57. P rovision by Court for incumbrances and sale freed therefrom .(a) Where immoveable property subject to any incumbrance, whether immediately payable or not, is sold by the Court or in execution of a decree, or out of Court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow payment into Court, (1) in case of an annual or monthly sum charged on the property, or of a capital sum charged on a determinable interest in the property of such amount as, when invested in securities of the Central Government, the Court considers will be sufficient, by means of the interest thereof, to keep down or otherwise provide for that charge, and (2) in any other case of a capital sum c harged on the property of the amount sufficient to meet the incumbrance and an interest due thereon. But in either case there shall also be paid into Court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses and interest, and any other contingency, except depreciation of investments, not exceeding one -tenth part of the original amount to be paid in, unless the Court for special reasons (which it shall record) thinks fit to require a larger addi tional amount. (b) Thereupon the Court may, if it thinks fit, and after notice to the incumbrance r, unless the Court, for reasons to be recorded in writing, thinks fit to dispense with such notice, declare the property to be freed from the incumbrance, and make any order for conveyance, or vesting order, 1. The words with notice of the payment omitted by Act 20 of 1929, s. 17 . 2. Subs. by s. 18, ibid., for s. 56. 23 proper for giving effect to the sale, and give directions for the retention and investment of the money in Court. (c) After notice served on the persons interested in or entitled to the money or fund in Court , the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof. (d) An appeal shall lie from any declaration, order or direction under this section as if the same were a decree. (e) In this sect ion Court means ( 1) a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, ( 2) the Court of a District Judge within the local limits of whose jurisdiction the property or any part thereof is situate, ( 3) any other Court which the State Government may, from time to time, by notification in the Official Gazette, declare to be competent to exercise the jurisdiction conferred by this section. CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES 58. Mortgage , mortgagor , mortgagee , mortgage -money and mortgage -deed defined .(a) A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being arc called the mortgage -money, and the instrument (if any) by which the transfer is effected is called a mortgage -deed. (b) Simple mortgage .Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage -money, and agrees, expressly or impliedly , that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payme nt of the mortgage -money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee. (c) Mortgage by conditional sale .Where the mortgagor ostensibly sells the mortgaged property on condition that on default of payment of the mortgage -money on a certain date the sale shall become absolute, or on condition that on such payment being made the sale shall become void, or on condition that on such payment being made the buyer shall transfer the property to the seller, the transactio n is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale: 1[Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.] (d) Usufructuary mortgage .Where the mortgagor delivers possession 1[or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authori ses him to retain such possession until payment of t he mortgage -money, and to receive the rents and profits accruing from the property 2[or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage -money, or partly in lieu of interest 3[or] partly in payment of the mortgage -money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee. 1. Added b y A c t 2 0 o f 1 9 2 9, s . 1 9 . 2. Subs. by s. 19, ibid., for and to appropriate them. 3. Subs. by s. 19, ibid., for and . 24 (e) English mortgage. Where the mortgagor binds himself to re -pay the mortgage -money on a certain date, and transfers the mortgag ed property absolutely to the mortgagee, but subject to a proviso that he will re -transfer it to the mortgagor upon payment of the mortgage -money as agreed, the transaction is called an English mortgage. 1[(f) Mortgage by deposit of title -deeds.Where a person in any of the following towns, namely, the towns of Calcutta, Madras , 2[and Bombay], 3*** and in any other town which the 4[State Government concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title -deeds. (g) Anomalous mortgage. A mortgage which is not a simple mortgage, a mortgage by conditional sale, a n usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.] 59. Mortgage wh en to be by assurance .Where the principal money secured is one hundred rupees or upwar ds, a mortgage 5[other than a mortgage by deposit of title -deeds] can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by 6[a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property. 7* * * * 8[59A. References to mortgagors and mortgagees to include persons deriving ti tle from them.Unless otherwise expressly provided, references in this Chapter to mortgagors and mortgagees shall be deemed to include references to persons deriving title from them respectively.] Rights and Liabilities of Mortgagor 60. Right of mortgagor to redeem. At any time after the principal money has become 9[due], the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgage - money, to require the mortgagee (a) to deliver 10[to the mortgagor the mortgage -deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], ( b) where the mortgagee is in possession of the mortgaged prope rty, to deliver possession thereof to the mortgagor, and ( c) at the cost of the mortgagor eithe r to re -transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an acknowledgement in writing that any right in derogation of hi s interest transferred to the mortgagee has been extinguished: Provided that the right conferred by this section h as not been extinguished by act of the parties or by 11[decree] of a Court. The right conferred by this section is called a right to redeem and a suit to en force it is called a suit for redemption. Nothing in this section shall be deemed to render invalid any provision to the effect that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fixed , the mortgagee shall be entitled to reasonable notice before payment or tender of such money. 1. Added by Act 20 of 1929, s. 19 . 2. Subs. by A.O. 1948, for Bombay and Karachi. The word and had been ins. by A.O. 1937. 3. The words Rangoon, Moulmein, Bassein and Akyab omitted by A.O. 1937. 4. The words Governor General in Council successively amended by A.O. 1937 and the A.O. 1950 to read as above. 5. Ins. by Act 20 of 1929, s. 20. 6. Subs. by Act 6 of 1904, s. 3, for an instrument. 7. Third paragraph omitted by Act 20 of 1929, s. 20. 8. Ins. by s. 21, ibid. 9. Subs. by s. 22, ibid., for payable. 10. Subs. by s. 22, ibid., for the mortgage -deed, if any, to the mortgagor. 11. Subs. by Act 20 of 1929, s. 22, for order. 25 Redemption of portion of mortgaged property .Nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except 1[only] where a mortgagee, or, if there are more mortgagees than one, all such mortgagees, has or have acquired, in whole or in part, the share of a mortgag er. 2[60A. Obligation to transfer to third party instead of re -transference to mortgagor . (1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re -transfer, he may require the mortgagee, instead of re -transferring the property, to assign the mortgage -debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly. (2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance ; but the requisition of any encumbrancer shall prevail over a requisition of the mortgagor and, as betw een encumbrancers, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer. (3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession. 60B. Right to inspection and produ ction of documents .A mortgagor, as long as his right of redemption subsists, shall be entitled at all reasonable times, at his request and at his own cost, and on payment of the mortgagee s costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which ar e in the custody or power of the mortgagee.] 3[61. Right to redeem separately or simultaneously .A mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately, or any two or more of such mortgages together.] 62. Right of usufructuary mortgagor to recover possession. In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 4[together with the mortgage - deed and all documents relating to the mortgaged property which are in the possession or

4[together with the mortgage - deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee] , (a) where the mortgagee is authori sed to pay himself the mortgage -money from the rents and profits of the property. when such money is paid: (b) where the mortgagee is authori sed to pay himself from such rents and profits 5[or any part thereof a part only of the mortgage -money] ,when the term (if any), prescribed for the payment of the mortgage -money has expired and the mortgagor pays or tenders to the mortgagee 6[the mortgage -money or the balance thereof] or deposits it in Court as hereinafter provided. 63. Accession to mortgaged property. Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, received any accession, the mort - gagor, upon redemption, sha ll, in the absence of a contract to the contrary, be entitled as against the mortgagee to such accession. 1. Ins. by Act 20 of 1929, s. 22. 2. S. 60A and 60B ins. by s. 23, ibid. 3. Subs. by s. 24, ibid., for s. 61. 4. Ins. by s. 25, ibid. 5. Subs. by s. 25, ibid., for the interest of the principal money. 6. Subs. by s. 25, ibid., for the principal money . 26 Accession acquired in virtue of transferred ownership .Where such accession has been acquired at the expense of the mortgagee, and is capable of separ ate possession or enjoyment wit hout detriment to the principal property, the mortgagor desiring to take the accession must pay to the mortgagee the expense of acquiring it. If such separate possession or enjoyment is not possible, the accession must be del ivered with the property; the mortgagor being liable, in the case of an acquisition necessary to preserve the property from destruction, forfeiture or sale, or made with his assent, to pay the proper cost thereof, as an addition to the principal money, 1[with interest at the same rate as is payable on the principal, or, where no such rate is fixed , at the rate of nine per cent. per annum]. In the case last mentioned the profits, if any, arising from the accession shall be credited to the mortgagor. Where th e mortgage is usufructuary and the accession has been acquired at the expense of the mortgagee, the profits, if any, arising from the accession shall, in the absence of a contract to the contrary, be set off against interest, if any, payable on the money s o expended. 2[63A. Improvements to mortgaged property .(1) Where mortgaged property in posses sion of the mortgagee has, during the continuance of the mortgage, been improved, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled to the improvement; and the mortgagor shall not, save only in cases provided for in sub-section ( 2), be liable to pay the cost thereof. (2)Where any such improvement was effected at the cost of the mortgagee and was necessary to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insuffic ient, or was made in compliance with the lawful order of any public servant or public authority, the mortgagor shall, in the absence of a contrac t to the contrary, be liable to , pay the proper cost thereof as an addition to the principal money with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine per cent. per annum, and the profits, if any, accruing by reason of the improvement shall be credited to the mortgagor.] 64. Renewal of mortgaged lease .Where the mortgaged property is a lease 3***, and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the absence of a contract by him to the contrary, have the benefit of the new lease. 65. Implied contracts by mortgagor .In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee, (a) that the interest which the mortgagor professes to transfer to the mortgagee subsists, and that the mortgagor has power to transfer the same; (b) that the mortgagor will defend, or, if the mortgagee be in possession of the mortgaged property, enable him to defend, the mortgagor s title thereto; (c) that the mortgagor will, so long as the mortgag ee is not in possession of the mortgaged property, pay all public charges accruing due in respect of the property; (d) and, where the mortgaged property is a lease 4***, that the rent payable under the lease, the conditions contained therein, and the contracts binding on the lessee have been paid, performed and observed down to the commencement of the mortgage; and that the mortgagor will, so long as the security exists and the mortgagee is not in possession of the mortgaged property, pay the rent reserved by the lease, or, if the lease be renewed, the renewed lease, perform the conditions contained therein and observe the contracts binding on the lessee, and 1. Subs. by Act 20 of 1929, s. 26, for at the same rate of interest. 2. Ins. by s. 27, ibid. 3. The words for a term of years omitted by s. 28, ibid. 4. The words for a term of years omitted by s. 29 , ibid. 27 indemnify t he mortgagee against all claims sustained by reason of the non -payment of the said rent or the a non-performance or non -observance of the said conditions and contracts; (e) and, where the mortgage is a second or subsequent incumbrance on the property, that the mortgagor will pay the interest from time to time accruing due on each prior incumbrance as and when it becomes due, and will at the proper time discharge the principal money due on such prior incumbrance. 1* * * * *. The benefit of the contra cts mentioned in this section shall be annexed to and shall go with the interest of the mortgagee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. 2[65A. Mortgagor s power to lease .(1) Subject to the provisions of sub -section ( 2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee. (2) (a) Every such lease shall be such as would be made in the ordinary course of management of the property concerned , and in accordance with any local law, custom or usage. (b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium shall be paid or promised and no rent shall be payable in advance. (c) No such lease shall contain a covenant for renewal. (d) Every such lease shall take effect from a date not later than six months from the date on which it is made. (e) In the case of a lease of buildings, whether leased it or without the land on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re -entry on the rent n ot being paid within a time therein specified. (3) The provisions of sub -section ( 1) apply only if and as far as a contrary intention is not expressed in the mortgage -deed; and the provisions of sub -section ( 2) may be varied or extended by the mortgage -deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub -section.] 66. Waste by mortgagor in possessi on.A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will b e rendered insufficient by such act. Explanation. A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one -third, or, if consisting of buildings, exceeds by one -half, the amount for the time be ing due on the mortgage. Rights and Liabilities of Mortgagee 67. Right to foreclosure or sale. In the absence of a contract to the contrary, the mortgagee has, at any time after the mortgage -money has become 3[due] to him, and before a decree has been made for the redemption of the mortgaged property, or the mortgage -money has been paid or deposited as hereinafter provided, a right to obtain from the Court 4[a decree] that the mortgagor shall be absolutely deba rred of his right to redeem the property, or 4[a decree] that the property be sold. A suit to obtain 4[a decree] that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for foreclosure. 1. Certain words omitted by Act 20 of 1929, s. 29 . 2. Ins. by s. 30, ibid. 3. Subs. by s. 31, ibid., for payable. 4. Subs. by s. 31, ibid., for an order. 28 Nothing in this s ection shall be deemed 1[(a) to authori se any mortgagee other than a mortgagee by conditional sale or a mortgagee under an anomalous mortgage by the terms of which he is entitled to foreclose, to institute a suit for foreclosure, or an usufructuary mortga gee as such or a mortgagee by conditional sale as such to institute a suit for sale; or] (b) to authori se a mortgagor who holds the mortgagee's rights as his trustee or legal representative, and who may sue for a sale of the property, to institute a suit for foreclosure; or (c) to authori se the mortgagee of a railway, canal or other work in the maintenance of which the public are interested, to institute a suit for foreclosure or sale; or (d) to authori se a person interested in part only of the mortgage -money to -institute a suit relating only to a corresponding part of the mortgaged property, unless the mortga gees have, with the consent of the mortgagor, severed their interests under the mortgage. 2[67A. Mortgagee when bound to bring one suit on several mortgages. A mortgagee who holds two or more mortgages executed by the same mortgagor in respect of each of which he has a right to obtain the same kind of decree under section 67, and who sues to obtain such decree on any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all the mortgages in respect of which the mortg age-money has become due.] 3[68. Right to sue for mortgage -money .(1) The mortgagee has a right to sue for the mortgage - money in the following cases and no others, namely: (a) where the mortgagor binds himself to repay the same; (b) where by any cause ot her than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable op portunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so; (c) where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of t he mortgagor; (d) where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor: Provided that, in the case referred to in clause ( a), a transferee from the mortgagor or from his legal repre sentative shall not be liable to be sued for, the mortgage -money. (2) Where a suit is brought under clause (a) or clause ( b) of sub -section ( 1), the Court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until the mortgagee has exhausted all his available remedies against the mortgaged property or what remains of it, unless the mortgagee abandons his security and, if necessary, re-transfers the mortgaged property.] 69. Power of sale when valid .4[(1)] 5[6*** A mortgagee , or any person acting on his behalf, shall, subject to the provisions of this section, have power to sell or, concur in selling the mortgaged property, or any part thereof, in default of payment of the mortgage -money, without the intervention of the Court, in the following cases and in no others, namely: ] 1. Subs. by Act 20 of 1929, s. 31, for clause ( a). 2. Ins. by s. 32, ibid. 3. Subs. by s. 33, ibid., for s . 68. 4. Section 69 re-numbered as sub -section ( 1) of that section by Act 20 of 1929, s. 34. 5. Subs. by s. 34, ibid., for certain words. 6. The words and figures Notwithstanding anything contained in the Trustees and Mort gagees Powers Act, 18 66 (28 of 1866) omitted by Act 48 of 1952, s. 3 and the Second Schedule . 29 (a) where the mortgage is an English mortgage, and neither the mortgagor nor the mortgagee is a Hindu, Muhammadan or Buddhist 1[or a member of any other race,

gagor nor the mortgagee is a Hindu, Muhammadan or Buddhist 1[or a member of any other race, sect, tribe or class from time to time specified in this behalf by 2[the State Government], in the Of ficial Gazette]; (b) where 3[a power of sale without the intervention of the Court is expressly conferred on the mortgagee by the mortgage -deed and] the mortgagee is 4[the Govern ment]; (c) where 3[a power of sale without the intervention of the Court is expressly conferred on the mortgagee by the mortgage -deed and] the mortgaged property or any part thereof 5[was, on the date of the execution of the mortgage -deed ], situate within the towns of Calcu tta, Madras, Bombay, 6*** 7[or in any other town or area which the State Government may, by notification in the Official Gazette, specify in this behalf]. 8[(2)] 9*** No such power shal l be exercised unless and until 10[(a)] notice in writing requiring payment of the principal money has been served on the mortgagor, or, one of several mortgagors, and default has been made in payment of the principal money, or of part thereof, for three months after such service; or 11[(b)] some interest under the mortgage amounting at least to five hundred r upees is in arrear and unpaid for three months after becoming due. 12[(3)] When a sale has been made in professed exercise of such a power, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorize the sale, or that due notice was not given, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorised or improper or irregular exercise of the power shall have his remedy in dam ages against the person exercising the power. 13[(4)] The money which is received by the mortgagee, arising from the sale, after discharge of prior incumbrances, if any, to which the sale is not made subject, or after payment into Court under section 57 of a sum to meet any prior incumbrance, shall, in the absence of a contract to the contrary, be held by him in trust to be applied by him, first, in payment of all costs, charges and expenses properly incurred by him as incident to the sale or any attempted s ale; and, secondly, discharge of the mortgage -money and costs and other money, if any, due under the mortgage; and the residue of the money so received shall be paid to the person entitled to the mortgaged property, or authori sed to give receipts for the p roceeds of the sale thereof. 14[(5) Nothing in this section or in section 69A applies to powers conferred before the first day of July, 1882.] 15* * * * * 1. Ins. by Act 3 of 1885, s. 5. 2. The words the L.G., with the previous sanction of the G. G. in C. successively a mended by A.O. 1937 and A.O. 1950 to read as above. 3. Ins. by Act 20 of 1929, s. 34. 4. The words the Secretary of State for India in Council successively amended by A.O. 1937 and A.O. 1950 to read as above. 5. Subs. by Act 20 of 1929, s. 34, for is. 6. The word Karachi omitted by A.O. 1948. 7. The words or Rangoon have been successively amended by Acts 6 of 1904, 11 of 1915, 20 of 1929, the A.O. 1937 and the A.O. 1950 to read as above. 8. Second paragraph numbered as sub -section (2) by Act 20 of 1929, s . 34. 9. The word 'But omitted by s. 34, ibid. 10. Clause ( 1) was lettered ( a) by s. 34, ibid. 11. Clause (2) was lettered ( b) by s. 34, ibid. 12. Third paragraph numbered as sub -section ( 3) by s. 34, ibid. 13. Fourth paragraph numbered as sub -section (4) by Act 20 of 1 929, s. 34. 14. Subs. by s. 34, ibid., for fifth paragraph. 15. The last paragraph of this section omitted by s. 34, ibid. 30 1[69A. Appointment of receiver .(1) A mortgagee having the right to exercise a power of sale under section 69 shall, subject to the provisions of sub -section ( 2), be entitled to appoint, by writing signed by him or on his behalf, a receiver of the income of the mortgaged property or any part thereof. (2) Any person who has been named in the mortga ge-deed and is willing and able to act as receiver may be appointed by the mortgagee. If no person has been so named, or if all persons named are unable or unwilling to act, or are dead, the mortgagee may appoint any person to whose appointment the mortgag or agrees; failing such agreement, the mortgagee shall be entitled to apply to the Court for the appointment of a receiver, and any person appointed by the Court shall be deemed to have been duly appointed by the mortgagee. A receiver may at any time be re moved by writing signed by or on behalf of the mortgagee and the mortgagor, or by the Court on application made by either party and on due cause shown. A vacancy in the office of receiver may be filled in accorda nce with the provisions of this sub-section. (3) A receiver appointed under the powers conferred by this section shall be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or d efaults, unless the mortgage -deed otherwise provides or unless such acts or defaults ar e due to the improper intervention of the mortgagee. (4) The receiver shall have power to demand and recover all the income of which he is appointed receiver, by suit, e xecution or otherwise, in the name either of the mortgagor or of the mortgagee to the full extent of the interest which the mortgagor could dispose of, and to give valid receipts accordingly for the same, and to exercise any powers which may have been delegated to him by the mortgagee in accordance with the provisions of this section. (5) A person paying money to the receiver shall not be concerned to inquire if the appointment of the receiver was valid or not. (6) The receiver shall be entitled to retain o ut of any money received by him, for his remuneration, and in satisfaction of all costs, charges and expenses incurred by him as receiver, a commission at such rate not exceeding five per cent. on the gross amount of all money received as is specified in h is appointment, and, if no rate is so specified, then at the rate of five per cent. on that gross amount, or at such other rate as the Court thinks fit to allow, on application made by him for that purpose. (7) The receiver shall, if so directed in writing by the mortgagee, insure to the extent, if any, to which the mortgagee might have insured, and keep insured against loss or damage by fire, out of the money received by him, the mortgaged property or any part thereof being of an insurable nature. (8) Subject to the provisions of this act as to the application of insurance money, the receiver shall apply all money received by him as follows, namely , (i) in discharge of all rents, taxes, land revenue, rates and outgoings whatever affecting the mortgaged property; (ii) in keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage in right whereof he is receiver; (iii) in payment of his commission, and of the premiums on fire, life or other insur ances, if any, properly payable under the mortgage -deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgagee; (iv) in payment of the interest falling due under the mortgage; 1. Ins. by Act 20 of 1929, s. 35. 31 (v) in or towards dischar ge of the principal money, if so directed in writing by the mortgagee; and shall pay the residue, if any, of the money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of which he is appointed receiver, or who is otherwise entitled to the mortgaged property. (9) The provisions of sub -section ( 1) apply only if and as far as a contrary intention is not expressed in the mortgage -deed; and the provisions of sub -sections ( 3) to ( 8) inclusive may be varied or extended by the mortgage -deed, and, as so varied or extended, shall, as far as may be, operate in like manner and with all the like incidents, effects and consequences, as if such variations or extensions were contained in the sa id sub -sections. (10) Application may be made, without the institution of a suit, to the Court for its opinion, advice or direction on any present question respecting the management or administration of the mortgaged property, other than questions of diffi culty or importance not proper in the opinion of the Court for summary disposal. A copy of such application shall be served upon, and the hearing thereof may be attended by, such of the persons interested in the application as the Court may think fit. The costs of every application under this sub -section shall be in the discretion of the Court. (11) In this section, the Court means the Court which would have jurisdiction in a suit to enforce the mortgage.] 70. Accession to mortgaged property .If, after th e date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to such accession. Illustrations (a) A mortgages to B a certain field bordering on a river. The field is increased by alluvion. For the purposes of his security, B is entitled to the increase. (b) A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of his security, B is entitled to the house as well as the plot. 71. Renewal of mortgaged lease .When the mortgaged property is a lease 1***, and the mortgagor obtains a renewal of the lease, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to the new lease. 72. Rights of mortgagee in possession .2[A mortgagee] may s pend such money as is necessary 3* * * * * (b) for 4[the preservation of the mortgaged property] from destruction, for feiture or sale; (c) for supporting the mortgagor's title to the property; (d) for making his own title thereto good against the mortgagor; and (e) when the mortgaged property is a renewable lease -hold, for the renewal of the lease; and may, in the absence of a contract to the contrary, add such money to the principal money, at the rate of interest payable on the principal, and, where no such rate is fixed, at the rate of nine per cent. per annum: 1. The words for a term of years omitted by Act 20 of 1929, s. 36. 2. Subs. by s. 37, ibid., for certain words. 3. Clause ( a) omitted by s. 37, ibid. 4. Subs. by s. 37, ibid., for its preservation. 32 1[Provided that the expenditure of money by the mortgagee under clause ( b) or clause ( c) shall not be deemed to be necessary unless the mortgagor has been called upon and has failed to take proper and timely steps to preserve the property or to support the title.] Where the property is by its nature insurable, the mortgagee may also, in the abs ence of a contract to the contrary, insure and keep insured against loss or damage by fire the whole or any pa rt of such property; and the premiums paid for any such insurance shall be 2[added to the pri ncipal money with interest at the same rate as is payable on the principal money or, where no such rate is fixed, at the rate of nine per cent. per annum]. But the amount of such insurance shall not exceed the amount specified in this behalf in the mortgag e-deed or (if no such amount is therein specified) two -thirds of the amount that would be required in case of total destruction to reinstate the property insured. Nothing in this section shall be deemed to authori se the mortgagee to insure when an insurance of the property is kept up by or on behalf of the mortgagor to the amount in which the mortgagee is hereby authori sed to insure. 3[73. Right to proceeds of revenue sale or compensation on acquisition .(1) Where th e mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears of revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgage e, the mortgagee shall be entitled to claim payment of the mortgage -money, in whole or in part, out of any surplus of the sale proceeds remaining after payment of the arrears and of all charges and deductions directed by law. (2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immoveable property, the mortgagee shall be en titled to claim payment of the mortgage -money, in whole or in part, out of the amount due to the mortgagor as compensation. (3) Such claims shall prevail against all other claims except those of prior encumbran ces, and may be enforced notwithstanding that the principal money on the mortgage has not become due.] 74. [Right of subsequent mortgagee to pay off prior mortgagee. ] Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929), s. 39. 75. [Rights of mesne mortg

929 (20 of 1929), s. 39. 75. [Rights of mesne mortgagee against and subsequent mortgagees. ] Rep. by s. 39, ibid. 76. Liabilities of mortgagee in possession .When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property, (a) he must manage the property as a person of ordinary prudence would ma nage it if it were his own; (b) he must use his best endeavours to collect the rents and profits thereof; (c) he must, in the absence of a contract to the contrary, out of the income of the property, pay the Government -revenue, all other charges of a publi c nature 4[and all rent] accruing due in respect thereof during such possession, and any arrears of rent in default of payment of which the- property may be summarily sold; (d) he must, in the absence of a contract to the contrary, make such necessary repairs of the property as he can pay for out of the rents and profits thereof after deducting from such rents and profits the payments mentioned in clause (c)and the interest on th e principal money; (e) he must not commit any act which is destructive or permanently injurious to the property; 1. Ins. by Act 20 of 1929, s. 37. 2. Subs. by s. 37, ibid., for certain words. 3. Subs. by s. 38, ibid., for s. 73. 4. Ins . by s. 40, ibid. 33 (f) where he has insured the whole or any part of the property against loss or damage by fire, he must, in case of such loss or damage, apply a ny money which he actually receives under the policy or so much thereof as may be necessary, in reinstating the property, or, if the mortgagor so directs, in reduction or discharge of the mortgage -money; (g) he must keep clear, full and accurate accounts of all sums received and spent by him as mortgagee, and, at any time during the continuance of the mortgage, give the mortgagor, at his request and cost, true copies of such accounts and of the vouchers by which they are supported; (h) his receipts from the mortgaged property, or, where such property is personally occupied by him a fair occupation -rent in respect thereof shall, after deducting the expenses 1[properly incurred for the management of the property and the collection of rents and profits and the other expenses] mentioned in clauses (c) and (d), and interest thereon, be debited against him in reduction of the amount (if any) from time to time due to him on account of interest 2*** and, so far as such receipts exceed any interes t due, in reduction or discharge of the mortgage -money; the surplus, if any, shall be paid to the mortgagor; (i) when the mortgagor tenders, or deposits in manner hereinafter provided, the amount for the time being due on the mortgage, the mortgagee must, notwithstanding the provisions in the other clauses o f this section, account for his 3*** receipts from the mortgaged property from the date of the tender or from the earliest time when he could take such amount out of Court, as the case may be 1[and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property]. Loss occasioned by his default .If the mortgagee fail to perform any of the duties imposed upon him by t his section, he may, when accounts are taken in pursuance of a decree made under this Chapter, be debited with the loss, if any, occasioned by such failure. 77. Receipts in lieu of interest .Nothing in section 76, clauses ( b), (d), (g) and ( h), applies to cases where there is a contract between the mortgagee and the mortgagor that the receipts from the mortgaged property shall, so long as the mortgagee is in possession of the property, be taken in lieu of interest on the principal money, or in lieu of such interest and defined portions of the principal. Priority 78. Postponement of prior mortgagee. Where, through the fraud, misrepresentation or gross neglect of a prior mortgagee, another person has been induced to advance money on the security of the mortgaged property, the prior mortgagee shall be postponed to the subsequent mortgagee. 79. Mortgage to secure uncertain amount when maximum is expressed. If a mortgage made to secure future advances, the performance of an engagement or the balance of a ru nning account, expresses the maximum to be secured thereby, a subsequent mortgage of the same property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect of all advances or de bits not exceeding the maximum, thou gh made or allowed with notice of the subsequent mortgage. Illustration A mortgages Sultanpur to his bankers, B & Co., to secure the balance of his account with them to the extent of Rs. 10,000. A then mortgages Sultanpur to C, to secure Rs. 10,000 , C having notice of the mortgage to B & Co., and C gives notice to B & Co. of the second mortgage. At the date of the second mortgage, the balance due to B & Co. does not exceed Rs. 5,000. B & Co. subsequently advance to A sums making the balance of the ac count against him exceed the sum of Rs. 10,000. B & Co. are entitled , to the extent of Rs. 10,000, to priority over C . 80. [Tacking abolished. ] Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929) , s. 41. 1. Ins. by Act 20 of 1929, s. 40. 2. The words on the mortgage -money omitted by s. 40, ibid. 3. The word gross omitted by s. 40, ibid. 34 Marshalling and Contribution 1[81. Marshalling securities .If the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person, the subsequent mortgagee is, in the absence of a contract to the contrary, entitled to have the prior mortgage - debt satisfied out of the property or properties not mortgaged to him, so far as the same will extend, but not so as to prejudice the rights of the prior mortgagee or of any other person who has for consideration acquired an int erest in any of the properties. ] 82. Contribution to mortgage -debt .2[Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage, and, for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be it s value at the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date.] Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are m ortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract to the contrary, liable to contribute rateably to the latter debt after deducting the amount of the former debt from the value of the property out of which it has been paid. Nothing in this section applies to a property liable under section 81 to the claim of the 3[subsequent] mortgagee. Deposit in Court 83. Power to d eposit in Court money due on mor tgage .At any time after the principal money 4[payable in respect of any mortgage has become due] and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, to the account of the mortgagee, the amount remaining due on the mortgage. Right to money deposited by mortgagor .The Court sha ll thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by 5law for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and -on depositing in the same Court the mortgage -deed 6[and all documents in his possession or power relating to the mortgaged property], apply for and receive the money, and the mortgage -deed, 7[and all such other documents], so deposited shall be delivered to t he mortgagor or such other person as aforesaid. 7[Where the mortgagee is in possession of the mortgaged. property, the Court shall, before paying to him the amount so deposited , direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re -transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been eff ected by a registered instrument) have registered an acknowledgment in writing that any right in derogation of the mortgagor's interest transferred to the mortgagee has been extinguished.] 1. Subs. by Act 20 of 1929, s. 42, for s. 81. 2. Subs by s. 43, ibid., for the first paragraph. 3. Subs . by s. 43, ibid., for second. 4. Subs. by s. 44, ibid., for has become payable. 5. See the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order VI, rule 15. 6. Subs. by Act 20 of 1929, s. 44, for if then in his possession or power . 7. Ins. by s. 44, ibid. 35 84. Cessation of interest .When the mortgagor or such other person as aforesaid has tendered or deposited in Court under section 83 the amount remaining due on the mortgage, interest on the principal money shall cease from the date of the tender or 1[in the case of a deposit, where no previous tender of such amount has be en made] as soon as the mortgagor or such other person as aforesaid has done all that has to be done by him to enable the mortgagee to take such amount out of Court, 2[and the notice required by section 83 has been served on the mortgagee: Provided that, w here the mortgagor has deposited such amount without having made a previous tender thereof and has subsequently withdrawn the same or any part thereof, interest on the principal money shall be payable from the date of such withdrawal .] Nothing in this sect ion or in section 83 shall be deemed to deprive the mortgagee of his right to interest when there exists a contract that he shall be entitled to reasonable notice before payment or tender of the mortgage -money 3[and such notice has not been given before the making of the tender or deposit, as the case may be]. 4Suits for Foreclosure, Sale or Redemption 85.[Parties to suits for foreclosure, sale and redemption .] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V Schedule. Foreclosure and Sale4 86. [Decree of foreclosure suit .] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V Schedule. 87. [Procedure in case of payment of amount due .] Rep. by s . 156 and the fifth Schedule , ibid. 88. [Decree of sale .] Rep. by s . 156 and V Schedule , ibid. 89. [Procedure when defendant pay amount due .] Rep. by s . 156 and V Schedule , ibid. 90. [Recovery of balance due on mortgage .] Rep. by s . 156 and V Schedule , ibid. Redemption 5[91. Persons who may sue for redemption .Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely: (a) any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same; (b) any surety for the payment of the mortgage -debt or any part thereof; or (c) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property.] 6[92. Subrogation .Any of the persons referred to in section 91 (other than the mortgagor) and any co -mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sa le of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. The right conferred by this section is called the right of subrogation, and a person acquiring the same is said to be subrogated to the rights of the mortgagee whose mortgage he redeems. 1. Ins. by Act 20 of 1929, s. 45 . 2. Subs. by s. 45, ibid., for as the case may be. 3. Added by s. 45, ibid. 4. For the repealed provisions, as re -enacted , see (Act 5 of 1908), Sch. I, Order XXXIV . 5. Subs. by Act 20 of 1929, s. 46, for s. 91. 6. Ins. by s. 47, ibid. Original ss. 92 to 94 were rep. by Act 5 of 1908, s. 156 and the fifth Schedule. 36 A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been

the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the mortgagor has by a registered instrument agreed that such persons shall be so subrogated. Nothing in this section shall be deemed to confer a right of subrogation on any person unless the mortgage in respect of which the right is claimed has been redeemed in full. 93. Prohibition of tacking .No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance. 94. Rights of mesne mortgagee .Where a property is mortgaged for successive debts to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor.] 1[95. Right of redeeming co -mortgagor to expenses .Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his co -mortgagors, be entitled to add to the mortgage -money recoverable from them such proportion of the expenses properly incurred in such redemption a s is attributable to their share in the property. 96. Mortgage by deposit of title -deeds.The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title -deeds.] 297. [Application of proceeds. ] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V Schedule. Anomalous Mortgages 98. Rights and liabilities of parties to anomalous mortgages .In the case of 3[an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage -deed, and, so far as such contract does not extend, by local usage. 99. [Attachment of mortgaged property. ] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V Schedule . Charges 100. Charges .Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the prop erty; and all the provisions hereinbefore contained 4[which apply to a simple mortgage shall, so far as may be, apply to such charge]. Nothing in this section applies to the charge of a trustee on the trust property for expenses properly incurred in the ex ecution of his trust, 5[and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge]. 6[101. No merger in case of subsequent encumbrance. Any mortgagee of, or person having a charge upon, immoveable property, or any transferee from such mortgagee or charge -holder, may purchase or otherwise acquire the rights in the pr operty of the mortgagor or owner, as the case may be, without thereby causing the mortgage or charge to be merged as between himself and any subsequent mortgagee of, or person having a subsequent charge upon, the same property; and no 1. Subs. by Act 20 of 1929, s. 48, for s . 95. Original s. 96 was rep. by Act 5 of 1908, s. 156 and Sch. V. 2. For the repealed provisions, as re -enacted, see (Act 5 of 1908), Sch. I, Order XXXIV, rules 12 and 13. 3. Subs. by Act 20 of 1929, s. 49, for certain words. 5. Subs. by Act 20 of 1929, s . 50, for certain words. 6. Added by s. 50, ibid. 7. Subs. by s. 51, ibid., for s. 101. 37 such subsequent mortg agee or charge -holder shall be entitled to for close or sell such property without redeeming the prior mortgage or charge, or otherwise than subject thereto.] Notice and Tender 102. Service or tender on or to agent. Where the person on or to whom any notic e or tender is to be served or made under this Chapter does not reside in the district in which the mortgaged property or some part thereof is situate, service or tender on or to an agent holding a general power -of-attorney from such person or otherwise du ly authori sed to accept such service or tender shall be deemed sufficient. 1[Where no person or agent on whom such notice should be served can be found or is known] to the person required to serve the notice, the latter person may apply to any Court in whi ch a suit might be brought for redemption of the mortgaged property, and such Court shall direct in what manner such notice shall be served, and any notice served in compliance with such direction shall be deemed sufficient: 2[Provided that, in the case of a notice required by section 83, in the case of a deposit, the application shall be made to the Court in which the deposit has been made.] 3[Where no person or agent to whom such tender should be made can be found or is known] to the person desiring to make the tender, the latter person may deposit 4[in any Court in which a suit might be brought for redemption of the mortgaged property] the amount sought to be tendered, and such deposit shall have the effect of a tender of such amount. 103. Notice, etc., to or by person incompetent to contract .Where, under the provisions of this Chapter, a notice is to be served on or by, or a tender or deposit made or accepted or taken out of Court by, any person incompetent to contract, such notice may be served 5[on o r by], or tender or deposit made, accepted or taken by , the legal curator of the property of such person; but where there is no such curator, and it is requisite or desirable in the interests of such person that a notice should be served or a tender or dep osit made under the provisions of this Chapter, application may be made to any Court in which a suit might be brought for the redemption of the mortgage to appoint a guardian ad litem for the purpose of serving or receiving service of such notice, or makin g or accepting such tender, or making or taking out of Court such deposit, and for the performance of all consequential acts which could or ought to be done by such person if he were competent to contract; and the provisions of 6[Order XXXII in the First S chedule to the Code of Civil Procedure, 1908 (5 of 1908)] shall, so far as may be, apply to such application and to the parties thereto and to the guardian appointed thereunder. 104. Power to make rules .The High Court may, from time to time, make rules consistent with this Act for carrying out, in itself and in the Courts of Civil Judicature subject to its superintendence, the provisions contained in this Chapter. CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY 105. Lease defined .A lease of immoveable proper ty is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Lessor, lessee, premium and rent defined .The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent. 1. Subs. by Act 20 of 1929, s. 52, for certain words. 2. Ins. by s. 52, ibid. 3. Subs. by Act 20 of 1929, s. 52, for certain words. 4. Subs. by s. 52, ibid., for in such Court as last aforesaid. 5. Ins. by s. 53, ibid. 6. Subs. by s. 53, ibid., for Chapter XXXI of the Code of Civil Procedure. 38 1[106. Duration of certain leases in absence of written contract or local usage .(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by s ix months notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or l essee, by fifteen days notice. (2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub -section ( 1) shall commence from the dat e of receipt of notice. (3) A notice under sub -section ( 1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub -section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub -section. (4) Every notice under sub -section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personal ly to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a con spicuous part of the property.] 107. Leases how made .A lease of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. 2[All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. 3[Where a lease of immoveable property is made by a registered instrument, such instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor and the lessee:] Provided that the State Government may, 4*** from tim e to time, by notification in the Official Gazette, direct that leases of immoveable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered ins trument or by oral agreement without delivery of possession.] 108. Rights and liabilities of lessor and lessee . In the absence of a contract or local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respecti vely, possess the rights and ar e subject to the liabilities mentioned in the rules next following, or such of them as are applicable to the property leased: (A) Rights and liabilities of the lessor (a) the lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover: (b) the lessor is bound o n the lessee s request to put him in possession of the property: (c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property d uring the time limited by the lease without interruption. The benefit of such contract shall be annexed to and go with the lessee s interest as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time t o time vested; (B) Rights and Liabilities of the Lessee (d) if during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease: (e) if by fire, tempest or flood, or violence of an army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and 1. Subs. by Act 3 of 2003, s. 2, for s . 106 (w.e.f. 31 -12-2002). 2. Subs. by Act 6 of 1904, s. 5, for the Second paragraph. 3. Ins. by Act 20 of 1929, s. 55 . 4. The words with the previous sanction of the Governor General in Council omitted by A. O. 1937. 39 permanently unfit for the purposes for which it was let, th e lease shall, at the option of the lessee, be void: Provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall not be entitled to avail himself of the benefit of this provision: (f) if the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor: (g) if the lessor neglects to make any payment which he is bound to make, and which , if not made by him, is recoverable from the le ssee or against the property, the lessee may make such payment himself, and deduct it with interest from the rent, or otherwise recover it from the lessor: (h) the lessee may 1[even after the determination of the lease] remove, at any time 2[whilst he is in possession of the property leased but not afterwards] , all things which he has attached to the earth: provided he leaves the property in the state in which he received it: (i) when a lease of uncertain duration determines by any means except the fault of the lessee, he or his legal representative is entitled to all the crops planted or sown by the lessee and growing upon the property whe n the lease determines, and to free ingress and egress to gather and carry them: (j) the lessee may transfer absolutely or by way of mortgage or sub -lease the whole or any part of his interest in the property, and any transferee of such interest or part ma y again transfer it

sub -lease the whole or any part of his interest in the property, and any transferee of such interest or part ma y again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease: nothing in this clause shall be deemed to authori se a tenant having an un -transferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee: (k) the lessee is bound to disclose to the lesso r any fact as to the nature or extent of the interest which the lessee is about to take, of which the lessee is, and the lessor is not, aware, and which materially increases the value of such interest: (l) the lessee is bound to pay or tender, at the prope r time and place, the premium or rent to the lessor or his agent in this behalf: (m) the lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession, subj ect only to the changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his agents, at all reasonable times during the term, to enter upon the property and inspect the condition thereof and give or leave notice of any defect in such condition; and, when such defect has been caused by any act or default on the part of the lessee, his servants or agents, he is bound to make it good within three months after such notice has been given or left: (n) if the lessee becomes awa re of any proceeding to recover the property or any part thereof, or of any encroachment made upon, or any interference with, the lessor s rights concerning such property, he is bound to give, with reasonable diligence, notice thereof to the lessor: (o) the lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he must not use, or permit another to use, the property for a purpose other than that fo r which it was leased, or fell 1[or sell] timber, pull down or damage buildings 1[belonging to the lessor , or] work mines or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto: 1. Ins. by Act 20 of 1929, s. 56. 2. Subs. by s. 56, ibid., for during the continuance of the lease. 40 (p) he must not, without the lessor s cons ent, correct on the property any permanent structure, except for agricultural purposes: (q) on the determination of the lease, the lessee is bound to put the lessor into possession of the property. 109. Rights of lessor s transferee. If the lessor transfer s the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as t he person liable to him: Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liabl e to pay such rent over again to the transferee. The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased. 110. Exclusion of day on which term commences .Where the time limited by a lease of immoveable property is expressed as commencing fro m a particular day, in computing that time such day shall be excluded. Where no day of commencement is named, the time so limited begins from the making of the lease. Duration of lease for a year .Where the time so limited is a year or a number of years, i n the absence of an express agreement to the contrary, the lease shall last during the whole anniversary of the day from which such time commences. Option to determine lease .Where the time so limited is expressed to be terminable before its expiration, an d the lease omits to mention at whose option it is so terminable, the lessee, and not the lessor, shall have such option. 111. Determination of lease .A lease of immoveable property determines (a) by efflux of the time limited thereby: (b) where such time is limited conditionally on the happening of some event by the happening of such event: (c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event by the happening of such event: (d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right: (e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them: (f) by implied surrender: (g) by forfeiture; that is to say, ( 1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re -enter 1***; or ( 2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; 2[or ( 3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re -enter on the happening of such 1. The words or the lease shall become void omitted by Act 20 of 1929, s. 57. 2. Ins. by s. 57, ibid. 41 event]; and in 1[any of these cases] the lessor or his transferee 2[gives notice in writing to the lessee of] his intention to determine the lease: (h) on the expiration of a notice to determine the lease, or to quit, or of i ntention to quit, the property leased, duly given by one party to the other. Illustration to clause ( f) A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease, and such lease determines thereupon. 112. Waiver of forfeiture. A forfeiture under section 111, clause ( g) is waived by acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by any oth er act on the part of the lessor showing an intention to treat the lease as subsisting: Provided that the lessor is aware that the forfeiture has been incurred: Provided also that, where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture; such acceptance is not a waiver. 113. Waiver of notice to quit. A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting. Illustrations (a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires . B tenders, and A accepts, rent which has become due in respect of the prop erty since the expiration of the notice. The notice is waived. (b) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived. 114. Relief against forfeiture for non -payment of rent. Where a lease of immoveable property has determined by forfeiture for non -payment of rent, and the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the rent in arrear, together with interest thereon and his full costs of the suit, or gives such security as the Court thinks sufficient for making such payment within fifteen days, the Court may, in lieu of making a decree for ejectment, pas s an order relieving the lessee against the forfeiture; and thereupon the lessee shall hold the property leased as if the forfeiture had not occurred. 3[114A. Relief against forfeiture in certain other cases .Where a lease of immoveable property has determ ined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may re -enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing (a) specifying the particular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this section shall apply to an express condition against the assigning, under - letting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non -payment of rent.] 115. Eff ect of surrender and forfeiture on under -leases.The surrender, express or implied, of a lease of immoveable property does not prejudice an under -lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantia lly the same (except as regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under -lessee shall be respectively payabl e to and enforceable by the lessor. 1. Subs. by Act 20 of 1929, s. 57, for either case. 2. Subs . by s. 57, ibid., for does some act showing. 3. Ins. by s. 58, ibid. 42 The forfeiture of such a lease annuls all such under -leases, except where such forfeiture has been procured by the lessor in fraud of the under -lessees, or relief against the forfeiture is granted under section 114. 116. Effect of holding over. If a lessee or under -lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under -lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106. Illustrations (a) A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C's lease is renewed from month to month. (b) A lets a farm to B for the life of C. C dies, but B continues in possession with A's assent. B's lease is renewed from year to year. 117. Exemption of leases for agricultural purposes .None of the provisions of this Chapter apply to leases for a gricultural purposes, except in so far as the State Government 1*** may by notification published in the Official Gazette, declare all or any of such provisions to be so applicable 2[in the case of all or any such leases], together with, or subject to, tho se of the local law, if any, for the time being in force. Such notification shall not take effect until the expiry of six months from the date of its publication. CHAPTER VI OF EXCHANGES 118. Exchange defined. When two persons mutually transfer the ownership of one thing for the ownership of another , neither thing or both things being money only, the transaction is called an exchange . A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such pr operty by sale. 3[119. Right of party deprived of thing received in exchange .If any party to an exchange or any person claiming through or under such party is by reason of any defect in the title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived, for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transferee from him without consideration.] 120. Rights and liabilities of parties .Save as otherwise provided in this Chapter, each p arty has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes. 121. Exchange of money .On an exchange of money, each party thereby warr ants the genuineness of the money given by him. 1. The words with the previous sanction of the Governor General in Council omitted by Act 38 of 1920, s. 2 and I Schedule. 2. Ins. by Act 6 of 1904, s. 6. 3. Subs. by Act 20 of 1929, s. 59, for s . 119. 43 CHAPTER VII OF GIFTS 122. Gift defined .Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance when to be made .Such acce ptance must be made during the lifetime of the donor and while he is till capable of giving, If the donee dies before acceptance, the gift is void. 123. Transfer how effected. For the purpose of making a gift of immoveable property, the transfer must be ef fected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. For the purpose of making a

instrument signed by or on behalf of the donor, and attested by at least two witnesses. For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. Such delivery may be made in the same way as goods sold may be delivered. 124. Gift of existing and future property. A gi ft comprising both existing and future property is void as to th e latter. 125. Gift to several, of whom one does not accept .A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he accepted. 126. When gift may be suspended or revoked .The dono r and done e may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part , at the mere w ill of the donor , is void wholly or in part, as the case may be. A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice. Illustrations (a) A gives a field to B, reserving to himself, with Bs assent, the right to take back the field in case B and his descendants dies before A . B dies without descendants in As lifetime. A may take back the field. (b) A gives a lakh of rupees to B, reserving to himself, with Bs assent, the right to take back at pleasure Rs. 10,000 out of the lakh. The gift holds good as to Rs. 90,000, but is vo id as to Rs.10,000, which continue to belong to A. 127. Onerous gifts. Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not, burdened by an obligation, the donee can take nothing by the gift unless he accepts it fully. Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the don ee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous. Onerous gift to disqualified person .A don ee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound. 44 Illustrations (a) A has shares in X, a prosperous joint stock company, and also shares in Y, a joint stock company, in difficulties. Heavy calls are expected in respect of the s hares in Y. A give s B all his shares in joint stock companies. B refuses to accept the shares in Y. He cannot take the shares in X. (b) A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is more than the house can be let for, given to B the lease, and also, as a separate and independent transaction, a sum of money. B refuses to accept the lease. He does not by his refusal forfeit the money. 128. Universal donee. Subject to the provisions of section 127, where a gift consists of the donors whole property, the done is personally liable for all the debts due by 1[and liabilities of] the donor at the time of the gift to the extent of the property comprised therein. 129. Saving of donations mortis causa and Muhammadan law. Nothing i n this Chapter related to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Muhammadan law 2***. 3[CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS 130. Transfer of actionable claim .(1) The transfer of an actionable claim 4[whether with or without consideration] shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, 5*** shall be complete and effectual upon the execution of such instrument, and thereupon all the rights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provid ed be given or not: Provided that every dealing with the debt or other actionable claim by the debtor or other person from or against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall (save where the debtor or other person is a party to the transfer or has received express notice thereof as hereinafter provided) be valid as against such transfer. (2) The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor's consent to such suit or proceedings and without making him a party thereto. Exception. Nothing in this s ection applies to the transfer of a marine or fire policy of insurance 6[or affects the provisions of section 38 of the Insurance Act, 1938 (4 of 1938)]. Illustrations (i) A owes money to B, who transfers the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed in section 131, pays B. The payment is valid, and C cannot sue A for the debt. (ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A's executor, subject to the proviso in sub -section ( 1) of section 130 and to the provisions of section 132 . 7[130A . Transfer of policy of marine insurance. ] Rep. by the Marine Insurance Act, 1963 (11 of 1963), s. 92 (w .e.f. 1-8-1963). 1. Ins. by Act 20 of 1929, s. 60. 2. The words and figures or, save as provided by s . 123, any rule of Hindu or Buddhist law omitted by Act 20 of 1929, s. 61. 3. Subs. by Act 2 of 1900, s. 4, for the original Chapter VIII. 4. Ins. by Act 20 of 1929, s. 62. 5. The words and figures and notwithstanding anything contained in section 123 ins. by Act 38 of 1925, s. 2, omitted by Act 20 of 1929, s. 62. 6. Added by Act 4 of 1938, s. 121 (w.e.f. 1 -7-1939). 7. Ins. by Act 6 of 1944, s. 2. 45 131. Notice to be in wr iting, signed. Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or his agent duly authori sed in this behalf, or, in case the transferor refuses to sign, by the transferee or his agent, and shall state the name and address of the transferee. 132. Liability of transferee of actionable claim. The transferee of an actionable claim shall take it subject to all the liabilities and equities to which the transferor was subject in respect thereof at the date of the trans fer. Illustrations (i) A transfers to C a debt due to him by B, A being then indebted to B. C sues B for the debt due by B to A. In such suit B is entitled to set off the debt due by A to him; although C was unaware of it at the date of such transfer. (ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A. 133. Warranty of solvency of debtor .Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of a contract to the contrary, applies only to his solvency at the time of the transfer, and is limited, where the transfer is made for consideration, to the amount or value of su ch consideration. 134. Mortgaged debt .Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the transferee, is applicable, first, in payment of the costs of such recovery : secondly, in or towards satisfaction of the amount for the time being secured by the transfer; and the residue, if any, belongs to the transferor or other person entitled to receive the same. 1[135. Assignment of rights under pol icy of in surance against fire. Every assignee by endorsement or other writing, of a policy of insurance against fire, in whom the property in the subject insured shall be absolutely vested at the date of the assignment, shall have transferred and vested in him all rights of suit as if the contract contained in the policy had been made with himself.] 2[135A. [Assignment of rights under policy of marine insurance. ] Rep. by the Marine Insurance Act, 1963 (11 of 1963), s. 92 (w.e.f. 1-8-1963). 136. Incapacity of officers con nected with Courts of Justice. No Judge, legal practitioner or officer connected with any Court of Justice shall buy or traffic in, or stipulate for, or agree to receive any share of, or interest in, any actionable claim, and no Court of Justic e shall enforce, at his instance, or at the instance of any person claiming by or through him, any actionable claim so dealt with by him as aforesaid. 137. Saving of negotiable instruments, etc .Nothing in the foregoing sections of this Chapter applies to stocks, shares or debentures, or to instruments which are for the time being, by law or custom, negotiable, or to any mercantile document of title to goods. Explanation. The expression mercantile document of title to goods includes a bill of lading, dock -warrant, warehouse keeper's certificate, railway receipt, warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authori sing or purporting to authori se, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.] 1. Subs. by Act 6 of 1944, s. 3, for s . 135. 2. Ins. by s. 4, ibid. 46 THE SCHEDULE (a) STATUTES Year and Chapter Subject Extent of repeal 27 Hen Year VIII, c. 10 Uses. . . The whole. 13 Eliz., c. 5.. . . Fraudulent conveyances The whole. 27 Eliz., c. 4.. . . Fraudulent conveyances The whole. 4 Mm., and Mary, c. 16 Clandestine mortgages The whole. (b) ACTS OF THE GOVERNOR GENERAL IN COUNCIL Number and year Subject Extent of repeal IX of 1842 Lease and release . The whole. XXXI of 1854. Modes of conveying land. Section 17. XI of 1855 Mesne profits and improvements. Section 1; in the title, the words to mesne profits and , and in the preamble to limit the liability for mesne profitand. XXVII of 1866.. Indian Trustee Act Section 31. IV of 1872 Punjab Laws Act So far as it relates to Benga l Regulations I of 1798 and XVII of 1806. XX of 1875 . Central Provinces Laws Act So far as it relates to Bengal Regulations I of 1798 and XVII of 1806. XVIII of 1876 .. Oudh Laws Act So far as it relates to Benga l Regulation XVII of 1806. I of 1877 Specific Relief In sections 35 and 36, the word in writing. (c) REGULATIONS Number and year Subject Extent of repeal Bengal Regulation I of 1798 Conditional sales The whole Regulation. Bengal Regulation XVII of 1806. Redemption The whole Regulation. Bombay Regulation V of 1827. Acknowledgment of debts; Interest; Mortgagees in possession. Section 15. _____________ AMENDMENT The Assam Gazette EXfRAORDINAR"Y PUBLISHBD BY A UTHORl'l Y ---------- No. 73 Dispur, Thursday, Julyl5, 1976, 24th Asadha, 1891 S, B. ---------------- GOVERNMENT OP ASSAM ORDERS BY THE GOVERNOR LAW DEPARTMENT NOTIFICATION The 12th July 1976 the Assam Legislative Assembly which received the 11;ssent of the President of India is hereby published for general information " JULY 15 ASSAM ACT X OF 1976 (Received the assent of the Presideat of India oa 2nd June, 1976) THE TRANSFER OF PROPERTY (ASSAM) ACT, 1970. An Act to amend the Transfer of property Act, 1882 Preamble. Wheres it, is expedient to amend the Transfer Central Act of Property Act, in 1882, hereinafter called the IV of 1882. principal Act, in its application to the State of Assam, in the manner hereinafter appearing ; It is hereby enacted in

Act, in its application to the State of Assam, in the manner hereinafter appearing ; It is hereby enacted in the Twenty-first Year of the Republic of India as follows :- Sh.rt title, I. (1) This Act may be called the Tr&nsfer of extent aEd Property (Assam Amendment ) Act 1970. commeaee-- ' ment. (2) It extends to the whole of the State of Assam. (3) It shall be deemed to have come into force at once. Amendmmt 2. In section 54 of the principal Act, in para 2, of sectwi. for the expression "by a registered instrument" the following expression shall be substituted, namely : IV of 1882. "by an instrument registered in the State of Assam, notwithstanding anything contained in the Indian Registration Act. 1908 (Act XVI of 1908) to the contrary." Md. SAADULLAH. Joint Secretary to the Govt. of Assam, Law Department. Gauhati -Pdnted and published by t~e Supdt., i/c., Printing Presa,

THE STAMP ACT, 1899 (ACT NO. 2 OF 1899) (IN ITS APPLICATION TO THE STATE OF ARUNACHALPRADESH) (AMENDMENT)ACT, 2010 (ACT No. 3 OF 2010) (Received the assent of the Governor on 20th April, 2010 and published in the Arunachal Pradesh E.0.Gazette No. 36, Vol. XVII dated 3rd May, 2010) AN ACT further to amend the Indian Stamp Act, 1899 (Act No. 2 of 1899) (in its application to the State of Arunachal Pradesh). BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Sixty-first Year of the Republic oflndia as follows: 1. ( 1) This Act may be called the Indian Stamp Act, 1899 Short title, extent (Act No. 2 of 1899) (in its application to the State of and commence- Arunachal Pradesh) (Amendment) Act, 2010. ment (2) It shall extend to whole of the State of Arunachal Pradesh. (3) It shall come into force from the date of its publication in the Arunachal Pradesh Gazette. 2. In the Indian Stamp Act, 1899 (Act No. 2 ofl899) in its application to the State of Arunachal Pradesh. ( 1) (i) in section 62, in clause ( c ), for the words "five hundred rupees", the words "two thousand five hundred rupees" shall be substituted. (ii) in section 62, in sub-section (2), for the words "five hundred rupees" , the words "five thousand rupees" shall be substituted. (2) in section 63, for the words "one hundred rupees", the words "five hundred rupees" shall be substituted. (3) in section 64, in clause (c), for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted. Amendment of sections 62, 63, 64, 65, 66, 67, 68,&69. 438 ( 4) in section 65, in clause (b ), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted. ( 5) in section 66, in clause (b ), for the words "two hundred rupees", the words "five hundred rupees" shall be substituted. (6) in section 67, for the words "one thousand rupees", the words "two thousand rupees" shall be substituted. (7) in section 68, in clause (c), for the words "one thousand rupees" , the words "two thousand rupees" shall be substituted. (8) in section 69, in clause (b), for the words "five hundred rupees", the words "five thousand rupees" shall be substituted. C.P. Mansai, Secretary to the Government of Arunachal Pradesh, Itanagar.

THE ALL -INDIA INSTITUTE S OF MEDICAL SCIENCES ACT, 1956 ACT NO. 25 OF 1956 [2nd June, 1956.] An Act to provide for the establishment of 1[All-India Institute s of Medical Sciences ]. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows: 1. Short title and commencement .(1) This Act may be called the 2[All-India Institutes of Medical Sciences] Act, 1956. (2) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions .In this Act, unless the context otherwise, requires , 4[(a) corresponding Institute means the Institutes referred to in column ( 3) of the Table given under section 27A; (aa) existing Institute means the All -India Institute of Medical Sciences, (i) established under sub -section ( 1) of section 3, before the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) ; and (ii) located at New Delhi, as required under section 12 as it stood before such commencement; (ab) Fund means the Fund of the Institute referred to in section 16;] (b) Governing Body means the Governing Body of the Institute; (c) Institute means the All -India Institute of Medical Sciences established under section 3 5[and includes the corresponding Instit utes and other Institutes which may be established on and after the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) ] ; (d) member means a member of the Institute; (e) regulation means a regulation made by the Institute; (f) rules means a rule made by the Central Government. 5[(g) society means the society referred to in column ( 2) of the Table given under section 27A.] 3. Establishment and incorporation of the Institute .(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act an institution to be called the All India Institute of Medical Sciences : 6[Provided that the Central Government may, on and after the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , establish by notification in the Official Gazette, such other All -India Institutes of Medical Sciences at such places as it may specify in the said notification in addition to the existing Institute and the corresponding Institutes.] 1. Subs. by Act 37 of 2012, s. 2, for an All -India Institute of Medical Sciences (w.e.f. 16 -7-2012). 2. Subs. by s. 3, ibid., for All-India Institute of Medical Sciences (w.e.f. 16 -7-2012). 3. 15th November, 1956, vide notification No. S. R. O. 26 88, dated 6th November, 1956, see Gazette of India, E xtraordinary, Part II, s . 3 and t his Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w .e.f 1 -2-1965). 4. Subs. by Act 37 of 2012, s. 4, for clause ( a) (w.e.f. 16 -7-2012). 5. Ins. by s. 4, ibid. (w.e.f. 16-7-2012). 6. The proviso ins. by s. 5, ibid. (w.e.f. 16 -7-2012). 3 (2) 1[Every Institute] shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 4. Composition of the Institute .2[Every Institute] shall consist of the following members, namely: 3[(a) in the case of existing Institute, the Vice -Chancellor of the Delhi University, ex officio ; (aa) in the case of every other Institute established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , the Vice -Chancellor of a University situated in a State in which such Institute has been established after such commencement and such Vice -Chancellor shall be nominated by the Central Government;] (b) the Director General of Health Services, Government of India, ex officio ; (c) the Director of the Institute, ex officio ; (d) two representatives of the Central Government to be nominated by that Government, one from the Ministry of Finance and one from the Ministry of Education; (e) five persons of whom one shall be a non -medical sc ientist representing the Indian Science Congress Association, to be nominated by the Central Government; (f) four representatives of the medical faculties of Indian Universities to be nominated by the Central Government in the manner prescribed by rules; a nd (g) three members of Parliament of whom two shall be elected from among themselves by the members of the House of the People and one from among themselves by the members of the Council of States . 4[5. Declaration of Institutes as institution of national importance .(1) It is hereby declared that the existing Institute declared as an institution of national importance, before the commencement of the All-India Institute of Medical Sciences (Amendment) Ac t, 2012 (37 of 2012) , under section 5 as it stood before such commencement, shall continue to be an institution of national importance. (2) It is hereby declared that every corresponding Institute shall be an institution of national importance. (3) It is h ereby declared that every Institute established under the proviso to sub -section ( 1) of section 3, on and after the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , shall be an institution of national impo rtance.] 6. Term of office of, and vacancies among, members .(1) Save as otherwise provided in the section, the term of office of a member shall be five years from the date of his nomination or election: Provided that the term of office of a member elected under clause ( g) of section 4 shall come to an end as soon as he 5[becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairman of the Council of States or] ceases to be a member of the House from which he was elected. (2) The term of office of an ex officio member shall continue so long as he holds the office in virtue of which he is such a member. (3) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected. (4) An outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated or elected as a member in his place. 1. Subs. by Act 37 of 2012 , s. 5, for The Institute (w.e.f. 16 -7-2012). 2. Subs. by s. 6, ibid., for The Institute (w.e.f. 16 -7-2012). 3. Subs. by s. 6, ibid., for clause ( a) (w.e.f. 16 -7-2012). 4. Subs. by s. 7, ibid., for section 5 (w.e.f. 16 -7-2012). 5. Ins. by Act 33 of 2000, s. 2 (w.e.f. 25 -8-2000). 4 (5) An outgoing member shall be eligible for re -nomination or re -election. (6) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office until his resignation is accepted by that Government. (7) The manner of filling vacancies among members shall be such as may be prescribed by rules. 7. President of the Institute .(1) There shall be a 1[President for every Institute] who shall be nominated by the Central Governmen t from among the members other than the Director of the Institute. 2[Provided that the President of the existing Institute shall also be the President of every corresponding Institute and other Institutes established on and after the commencement of the Al l-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , till such date the Central Government nominates a separate President for every corresponding Institute and other Institutes established after such commencement.] (2) The President sh all exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules or regulations. 8. Allowances of President and members .The President and members shall receive such allowances, if any, 3[from the Institute of which they are the President and members] as may be prescribed by rules. 4[Provided that in case a person is a President of two or more Institutes, the allowances shall be borne by the Institutes in such proportion as may be prescribed by rule s.] 9. Meetings of the Institute .5[Every Institute shall] hold its first meeting at such time and place as may be appointed by the Central Government and shall observe such rules of procedure in regard to the transaction of business at the first meeting a s may be laid down by that Government; and thereafter 6[every Institute shall meet] at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulation : 7[Provided that th e provisions relating to holding of the first meeting shall not apply to the existing Institute.] 10. Governing Body and other Committees of the Institute .(1) There shall be 8[separate Governing Body for every Institute which shall be constituted by such Institute] from among its members in such manner as may be prescribed by regulations. 9[Provided that the Governing Body of the existing Institute, constituted before the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , shall be deemed to have been constituted under this section.] (2) The Governing Body shall be the executive committee of 10[every Institute] and shall exercise such powers and discharge such functions as 10[every Institute] may, by regulations ma de in this behalf, confer or impose upon it. (3) The President of 10[every Institute] shall be the Chairman of the Governing Body and as Chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations. (4) The p rocedure to be followed in the exercise of its powers and discharge of its functions by the Governing Body, and the term of office of, and the manner of filling vacancies among, the members of the Governing Body shall be such as may be prescribed by regula tions. 1. Subs. by Act 37 of 2012, s. 8, for President of the Institute (w.e.f. 16 -7-2012). 2. Ins. by s. 8, ibid. (w.e.f. 16-7-2012). 3. Subs. by s. 9, ibid., for from the Institute (w.e.f. 16 -7-2012). 4. Ins. by s. 9, ibid. (w.e.f. 16 -7-2012). 5. Subs. by s. 10, ibid., for The Institute shall (w.e.f. 16 -7-2012). 6. Subs. by s. 10, ibid., for the Institute shall meet (w.e.f. 16 -7-2012). 7. Ins. by s. 10, ibid. (w.e.f. 16 -7-2012). 8. Subs. by s. 1 1, ibid., for a Governing Body of the Institute which shall be constituted by the Institute (w.e.f. 16 -7-2012). 9. Ins. by s. 11, ibid. (w.e.f. 16 -7-2012). 10. Subs. by s. 11, ibid., for the Institute (w.e.f. 16 -7-2012). 5 (5) Subject to such control and restrictions as may be prescribed by rules, 1[every Institute may constitute] as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any 2[functions of such Institute] or for inquiring into or reporting or advising upon, any matter which the Institute may refer to them. (6) A standing committee shall consist exclusively of 3[members of every Institute; but an ad hoc committee may include persons who are not me mbers of such Institute] but the number of such persons shall not exceed one -half of its total membership. 4[Provided that the Standing Committee of the existing Institute constituted, before the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , shall be deemed to have been constituted under this section.] (7) The Chairman and members of the Governing Body and the Chairman and members of a standing committee or an ad hoc committee shall receive such allowances, if any, as may be prescribed by regulations . 11. Staff of the Institute .(1) There shall be a 5[chief executive officer of every Institute] who shall be designated as the 6[Director of such Institute] and shall, subject to such rules as may be made by the Central Government in this behalf, be appointed by the Institute: 7[Provided that the first Director of every Institute (other than the existing Institute), established on and after the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , shall be appointed by the Central Government: Provided further that in case a Director of a society has been appointed by the Central Government before the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012, such Director shall be deemed to be the first Director of the

of Medical Sciences (Amendment) Act, 2012, such Director shall be deemed to be the first Director of the concerned corresponding Institute.] 8[(1A) The Director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty -five years, whichever is earlier: Provided that any person holding office as a Director immediately before the commencement of the All-India Institu te of Medical Sciences and the Post -Graduate Institute of Medical Education and Research (Amendment) Act, 2007 (42 of 2007) , shall in so far as his appointment is inconsistent with the provisions of this sub -section, cease to hold office on such commenceme nt as such Director and shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of his office or of any contract of service.] (2) The Director shall act as the Secretary to the Institute as well as the Governing Body. (3) The Director shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the Institute or the President of the Institute or by the Governing Body or the Chairman of the Governing Body. (4) Subject to such rules as may be made by the Central Government in this behalf, the Institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees . (5) The Director and other officers and employees of the Institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in re spect of leave, pension, provident fund and other matters as may be prescribed by regulations made in this behalf. 1. Subs. by Act 37 of 2012 , s. 11, for the Institute may constitute (w.e.f. 16 -7-2012). 2. Subs. by s. 11, ibid., for functions of the Institute (w.e.f. 16 -7-2012). 3. Subs. by s. 11, ibid., for certain words (w.e.f. 16 -7-2012). 4. Ins. by s. 11, ibid. (w.e.f. 16 -7-2012). 5. Subs. by s. 1 2, ibid., for chief executive officer of the Institute (w.e.f. 16 -7-2012). 6. Subs. by s. 12, ibid., for Director of the Institute (w.e.f. 16 -7-2012). 7. Subs. by s. 12, ibid., for the proviso (w.e.f. 16 -7-2012). 8. Ins. by Act 42 of 2007, s. 2 (w.e.f. 30 -11-2007). 6 1[12. Location of the Institute .(1) The existing Institute shall be located at New Delhi. (2) All corresponding Institutes shall be located at the places mentioned in column ( 3) of the Table given under section 27A. (3) All Institutes [other than the existing Institute and corresponding Institutes referred to in sub-sections ( 1) and ( 2)] shall be located at such places as the Centr al Government may, by notification in the Official Gazette, specify.] 13. Objects of the Institute .The objects of 2[every Institute] shall be (a) to develop patterns of teaching in under -graduate and post -graduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions in India; (b) to bring together in one place educational facilities of the highest order for the training of personnel in all important branches o f health activity; and (c) to attain self -sufficiency in post -graduate medical education . 14. Functions of the Institute .With a view to promotion of the objects specified in section 13, 3[every Institute] may (a) provide for under -gradua te and post -graduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences; (b) provide facilities for research in the various branches of such sciences; (c) provide for the teaching of humanities in the under graduate courses; (d) conduct experiments in new methods of medical education, both under graduate and post-graduate, in order to arrive at satisfactory standards of such education; (e) prescribe courses and curricula for b oth under -graduate and post graduate studies; (f) notwithstanding anything contained in any other law for the time being in force, establish and maintain (i) one or more medical colleges with different departments, including a department of preventive and social medicine, sufficiently staffed and equipped to undertake not only under graduate medical education but also post -graduate medical education in different subjects; (ii) one or more well -equipped hospitals; (iii) a dental college with such institutio nal facilities for the practice of dentistry and for the practical training of students as may be necessary; (iv) a nursing college sufficiently staffed and equipped for the training of nurses; (v) rural and urban health organisations which will form cente rs for the field training of the medical, dental and nursing students of the Institute as well as for research into community health problems; and (vi) other institutions for the training of different types of health workers, such as physiotherapists, occu pational therapists and medical technicians of various kinds; (g) train teachers for the different medical colleges in India; (h) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in under -graduate and post -gradu ate medical education as may be laid down in the regulations; 1. Subs. by Act 37 of 2012, s. 13, for section 12 (w.e.f. 16 -7-2012). 2. Subs. by s. 14, ibid., for the Institute (w.e.f. 16 -7-2012). 3. Subs. by s. 15, ibid., for the Institute (w.e.f. 16 -7-2012). 7 (i) institute, and appoint persons to, professorships, readerships, lectureships and posts of any description in accordance with regulations; (j) receive grants from the Government and gifts, d onations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be; (k) deal with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in section 13; (1) demand and receive such fees and other charges as may be prescribed by regulations; 1[(m) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf; (n) borrow money, with the prior approval of the Central Government, on the security of the property of the Institute;] 15. Payment to the Institute .The Central Government may, under appropriation made by Parliament by law in this behalf, pay to 2[every Institute] in each financial year such sums of money and in such manner as may be considered necessary by that Government for the exercise of its powers and discharge of its functions under this Act. 16. Fund of the Institute .(1) 3[Every Institute] shall maintain a Fund to which shall be credited (a) all moneys provi ded by the Central Government; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. 4[Provided that the Fund maintained by the existing Institute and the society, before the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , shall be deemed to be the Fund maintained under this section.] (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Instit ute may, with the approval of the Central Government, decide. (3) The fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions under section 14. 17. Budget of the Institute .5[Every Institute shall prepare], in such form and at such time every year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and 6[expenditu re of the concerned Institute] and shall forward to the Central Government such number of copies thereof as may be prescribed by rules. 18. Accounts and audit .(1) 7[Every Institute] shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, i ncluding the balance -sheet in such form as the Central Government may by rules prescribe in consultation with the Comptroller and Auditor -General of India. 1. Ins. by Act 30 of 1987, s. 2 (w.e.f. 8 -9-1987). 2. Subs. by Act 37 of 2012, s. 16, for the Institute (w.e.f. 16 -7-2012). 3. Subs. by s. 1 7, ibid., for The Institute (w.e.f. 16 -7-2012). 4. Ins. by s. 17, ibid. (w.e.f. 16 -7-2012). 5. Subs. by s. 18, ibid., for The Institute shall prepare (w.e.f. 16 -7-2012). 6. Subs. by s. 18, ibid., for expenditure of the Institute (w.e.f. 16 -7-2012). 7. Subs. by s. 19, ibid., for The Institute (w.e.f. 16 -7-2012). 8 (2) The accounts of 1[every Institute] shall be audited by the Comptroller and Auditor -General of India and any expenditure incurred by him in connection with such audit shall be payable by 1[every Institute] to the Comptroller and Auditor General of India. (3) The Comptroller and Auditor -General of India and any person appointed by him in connection with the audit of the accounts of 1[every Institute] shall have the same rights, privileges and authority in connection with such audit as the Comptroller General of India has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of 1[every Institute] as well as of the institutions established and maintained by it. (4) The accounts of 1[every Inst itute] as certified by the Comptroller and Auditor -General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament . 19. Annual Report .2[Every Institute] shall prepare for every year a report of its activities during that year and submit the report to the Central Government in such form and on or before such date as may be pres cribed by rules and a copy of this report shall be laid before both Houses of Parliament within one month of its receipt. 20. Pension and provident funds .(1) 3[Every Institute] shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by regulations, such pension and provident funds as it may deem fit. 4[Provided that the pension and provident fund constituted by the existing Institute or society, before the commencemen t of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , shall be deemed to be the pension and provident fund under this section.] (2) Where any such pension or provident fund has been constituted the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) , shall apply to such fund as if it were a Government provident fund. 21. Authentication of the orders and instruments of the Institute .All orders and 5[decisions of every Institute] shall be authenticated by the signature of the President or any other member authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of the Director or any other 6[officer of every Institute] authorised in like manner in this behalf. 22. Acts and proceedings not to be invalidated by vacancies, etc .No act done or proceeding taken by 7[every Institute], Governing Body or any standing or ad hoc committee under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, 7[every Institute], Governing Body or such standing or ad hoc committee. 8[23. Recognition of Medical, dental and nursi ng qualifications granted by the Institute . Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the Dentists Act , 1948 (16 of 1948) and the Indian Nursing Council Act, 1947 (48 of 1947), the medical, dental or nursing degrees or diplomas, as the case may be, granted by 7[every Institute] under this Act shall be recogni sed (a) medical qualifications for the purpose of the Indian Medical Council Act, 1956 (102 of 1956) and shall be deemed to be included in the First Schedule to that Act; 1. Subs. by Act 37 of 2012, s. 19, for the Institute (w.e.f. 16 -7-2012). 2. Subs. by s. 19, ibid., for The Institute (w.e.f. 16 -7-2012). 3. Subs. by s. 20, ibid., for The Institute (w.e.f. 16 -7-2012). 4. Ins. by s. 20, ibid. (w.e.f. 16 -7-2012). 5. Subs. by s. 21, ibid., for decisions of the Institute (w.e.f. 16 -

Subs. by s. 21, ibid., for decisions of the Institute (w.e.f. 16 -7-2012). 6. Subs. by s. 21, ibid., for officer of the Institute (w.e.f. 16 -7-2012). 7. Subs. by s. 22, ibid., for the Institute (w.e.f. 16 -7-2012). 8. Subs. by Act 24 of 2002, s. 2, for section 23 (w.e.f. 24 -5-2002). 9 (b) dental qualifications for the purpose of the Dentists Act, 1948 (16 of 1948) and shall be deemed to be included in the Scheduled to that Act; and (c) nursing qualifications for the purpose of the Indian Nursing Council Act, 1947(48 of 1947) and shall be deemed to be included in the Schedule to that Act.] 1[24. Grant of medical, dental or nursing degrees, diplomas, etc., by the Institute .Notwithstanding anything contained in any other law for the time being in force, 2[every Institute] shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and title under this Act.] 25. Control by Central Government .3[Every Institute] shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act. 26. Disputes between the Institute and the Central Government .If in, or in connection with, the exercise of its powers and discharge of its functions by the Institute under this Act, any dispute arises between the Institute and the Central Government, the decision of the Central Government on such dispute shall be final. 27. Returns and information .3[Every Institute] shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time. 4[27A. Incorporation of Institute registered as society u nder the Societies Registration Act, 1860 .Each of the Institute, registered as society under the Societies Registration Act, 1860 (21 of 1860) and mentioned in column ( 2) of the Table below shall be a body corporate having perpetual succession and common seal and shall by its name mentioned in column ( 3) of that Table, sue and be sued: TABLE LIST OF SOCIETIES INCORPORATED AS ALL-INDIA INSTITUTES OF MEDICAL SCIENCES Serial Number Society Corresponding Institute and place of its location (1) (2) (3) 1. All-India Institute of Medical Sciences, Bhopal All-India Institute of Medical Sciences, Bhopal (Madhya Pradesh). 2. All-India Institute of Medical Sciences, Bhubaneswar All-India institute of Medical Sciences, Bhubaneswar (Odisha). 3. All-India Institute of Medical Sciences, Jodhpur All-India Institute of Medical Sciences, Jodhpur (Rajasthan). 4. All-India Institute of Medical Sciences, Patna All-India Institute of Medical Sciences, Patna (Bihar). 5. All-India Institute of Medical Sciences, Raipur All-India Institute of Medical Sciences, Raipur (Chhattisgarh). 6. All-India Institute of Medical Sciences, Rishikesh All-India Institute of Medical Sciences, Rishikesh (Uttarakhand).] 1. Subs. by Act 24 of 2002, s. 3, for section 24 (w.e.f. 24 -5-2002). 2. Subs. by Act 37 of 2012, s. 22, for the Institute (w.e.f. 16 -7-2012). 3. Subs. by s. 22, ibid., for The Institute (w.e.f. 16 -7-2012). 4. Ins. by s. 23, ibid. (w.e.f. 16 -7-2012). 10 27B. Effect of incorporation of Institutes .(1) On and after the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012, (a) any reference to a society in any law, other than this Act, or in any contract or other instrument, shall b e deemed as a reference to the corresponding Institute; (b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding Institute; (c) all the rights and liabilities of a society shall be transferred to, and be the rig hts and liabilities of, the corresponding Institute; (d) subject to the provisions of this Act, every person (including Director, officers and other employees) who is employed in the society, immediately before the commencement of the All -India Institute o f Medical Sciences (Amendment) Act, 2012 (37 of 2012) , shall, on and after such commencement, become an employee of the corresponding Institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same term s and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012) , as if the said Act had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: Provided that the tenure, remune ration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government; (e) the Governing Body of every society, shall, from the date of constitution of the Governing Body under sub -section ( 1) of section 10, stand dissolved and no chairperson or other person shall be entitled to any compensation for the premature termination of the term of his office or of any contract of service; (f) all committees (including Standing Committee, if any) of the society shall stand dissolved; (g) any examination conducted by the existing Institute for admission of candidates for award of medical degrees and diplomas by such society shall be valid examination and be deemed to have been conducted by the corresponding Institute. (2) Notwith standing anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption of any employee by the corresponding Institutes in its regular serv ice under this section shall not entitle such employee to any compensation under this Act or any other law and no such claim shall be entertained by any cour t, tribunal or other authority. 27C. Provisions of this Act to apply to societies incorporated into All -India Institutes of Medical Science under section 27A .All provisions of this Act shall, mutatis mutandis , apply to the societies, referred to in column ( 2) of the Table given under sectio n 27A, incorporated into All -India Institutes of Medical Sciences referred to in column ( 3) of the said Table. 27D. Power to make transitory provisions for Institutes (other th an existing Institute) .(1) The Central Government may, if it is of the opinion that certain measures are required for speedy and effective functioning of corresponding Institutes (other than the existing Institute), by notification in the Official Gazette, specify such measures as it may consider necessary for the smooth and effectiv e functioning of such Institutes: Provided that no such notification shall be issued under this section, after the expiry of a period of two years from the date of commencement of the All -India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 201 2). (2) Every notification issued under this section shall be laid, as soon as may be after it is made, before each House of Parliament.] 28. Power to make rules .(1) The Central Government, after consultation with 1[all the Institutes], may, by notificati on in the Official Gazette, make rules to carry out the purposes of this Act: 1. Subs. by Act 37 of 2012, s. 24, for the Institute (w.e.f. 16 -7-2012). 11 Provided that consultation with the Institute shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into c onsideration any suggestions which the Institute may make in relation to the amendment of such rules after they are made. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the followi ng matters, namely: (a) the manner of nomination of members under clause ( f) of section 4; 1[(aa) the proportion of allowances of the President to be borne by the Institutes under the proviso to section 8;] (b) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub -section ( 5) of section 10; (c) the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of 2[every Institute]; (d) the powers and functions to be exercised and discharged by the President of the Institute; (e) the allowances, if any, to be paid to the President and members of the Institute; (f) the number of officers and employees that may be app ointed by the Institute and the manner of such appointment; (g) the form in which and the time at which the budget and reports shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government; (h) the form and m anner in which returns and information are to be furnished by the Institute to the Central Government; (i) any other matter which has to be or may be prescribed by rules. 3[(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, how ever, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 29. Power to make regulations .4[Every Institute] 5[, with the previous approval of the Central Government, may , by notification in the Official Gazette] make regulations consistent with th is Act and the rules made there under to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for (a) the summon ing and holding of meetings other than the first meeting of the Institute, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum; (b) the manner of constituting the Governing Body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies among, the members of, the Governing Body and standing and ad hoc committees; (c) the powers and functions to be exercised and discharged by the President of the Institute and the Chairman of the Governing Body. (d) the allowances, if any, to be paid to the Chairman and the members of the Governing Body and of standing and ad hoc committees; 1. Ins. by Act 37 of 2012, s. 24 (w.e.f. 16 -7-2012). 2. Subs. by s. 24, ibid., for the Institute (w.e.f. 16 -7-2012). 3. Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub -section ( 3) (w.e.f. 15 -5-1986). 4. Subs. by Act 37 of 2012, s. 25, for The Institute (w.e.f. 16 -7-2012). 5. Subs. by Act 4 of 1986, s. 2 and the Schedule, for may, with the previous approval of the Central Government (w.e.f. 15 -5-1986). 12 (e) the procedure to be followed by the Governing Body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions; (f) the tenure of office, salaries and allowances and other conditions of s ervice of the Director and other officers and employees of the Institute including teachers appointed by the Institute; (g) the powers and duties of the Chairman of the Governing Body; (h) the powers and duties of the Director and other officers and employ ees of the Institute; (i) the management of the properties of the Institute; (j) the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute; (k) the profes sorships, readerships, lecturer ships and other posts whic h may be instituted and persons who may be appointed to such profe ssorships, readership, lecturer ships and other posts; (l) the fees and other charges which may be demanded and received by the Institute; (m) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute; (n) any other matter for which under this Act provisions may be made by regulations. 1[Provided that the regulations made by the existing Institute, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, shall continue to be the regulations made under this section until such regulations are amen ded or rescinded by the existing Institute in accordance with the provisions of this section.] (2) Until the Institute is established under this Act, any regulation which may be made under sub-section ( 1) may be made by the Central Government, and any regulation so made may be altered or rescinded by the Institute in exercise of its powers under sub -section ( 1). 1[Provided that every corresponding Institute shall, within three months of the date of the commencement of the All -India Institute of Medi cal Sciences (Amendment) Act, 2012, make regulations

commencement of the All -India Institute of Medi cal Sciences (Amendment) Act, 2012, make regulations.] 2[(3) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. ] 1. Ins. by Act 37 of 2012, s. 25 (w.e.f. 16 -7-2012). 2. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15 -5-1986).

THE DELHI RENT CONTROL ACT, 1958 ACT NO. 59 OF 1958 [31st December , 1958.] An Act to provide for the control of rents and evictions and of rates of hotels and lodging houses, and for the lease of vacant premises to Government, in certain areas in the Union territory of Delhi. BE it enacted by Parliament in the Ninth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Delhi Rent Control Act, 1958. (2) It extends to the areas included within the limits of the New Delhi Municipal Committee and the Delhi Cantonment Board and to such urban areas within the limits of the Municipal Corporation of Delhi as are specified in the First Schedule: Provided that the Central G overnment may, by notification1 in the Official Gazette, extend this Act or any provision thereof, to any other urban area included within the limits of the Municipal Corporation of Delhi of exclude any area from the operation of this Act or any provision thereof. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions .In this Act, unless the context otherwise requires, (a) basic rent , in relation to premises let out befo re the 2nd day of June, 1944, means the basic rent of such premises as determined in accordance with the provisions of the Second Schedule; (b) Controller means a Controller appointed under sub -section ( 1) of section 35 and includes an additional Control ler appointed under sub -section ( 2) of that section; (c) fair rate means the fair rate fixed under section 31 and includes the rate as revised under section 32; (d) hotel or lodging house means a building or part of a building where l odging with or without board or other services is provided for a monetary consideration; (e) landlord means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant; (f) lawful increase means an incr ease in rent permitted under the provisions of this Act; (g) manager of a hotel includes any person in charge of the management of the hotel; (h) owner of a lodging house means a person who receives or is entitled to receive whether on his own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary consideration from any person on account of board, lodging or other services provided in the lodging house; (i) premises means any building or part of a bui lding which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes, 1. Extended to the former Najafgarh and Narela N.A.C. areas and to other notified localities vide Notification No. G.S.R. 486, dated 12.4.1962, Gazette of India, Pt. II, s. 3( i) page 449. 2. 9th February, 19 59, vide Notification No. S.O. 269, dated 31 -1-1959, Gazette of India, pt. II, Sec. 3(ii), p. 331. 5 (i) the garden, grounds and outhouses, if any, appertaining to such building or part of the building; (ii) any furnit ure supplied by the landlord for use in such building or part of the building; but does not include a room in a hotel or lodging house; (j) prescribed means prescribed by rules made under this Act; (k) standard rent , in relation to any premises, mean s the standard rent referred to in section 6 or where the standard rent has been increased under section 7, such increased rent; 1[(l) tenant means any person by whom or on whose account or behalf the rent of any premises is, or, but for a special contra ct, would be, payable, and includes (i) a sub -tenant; (ii) any person continuing in possession after the termination of his tenancy; and (iii) in the event of the death of the person continuing in possession after the termination of his tenancy, subject to the order of succession and conditions specified, respectively, in Explanation I and Explanation II to this clause, such of the aforesaid person s (a) spouse, (b) son or daughter, or, where there are both son and daughter, both of them, (c) parents, (d) daughter -in-law, being the widow of his pre -deceased son, as had been ordinarily living in the premises with such person as a member or members of his family up to the date of his death, but does not include, (A) any person against whom an order or decr ee for eviction has been made, except where such decree or order for eviction is liable to be re -opened under the proviso to section 3 of the Delhi Rent Control (Amendment) Act, 1976 (18 of 1976); (B) any person to whom a licence, as defined by section 52 of the Indian Easements Act, 1882 (5 of 1882), has been granted. Explanation I.The order of succession in the event of the death of the person continuing in possession after the termination of his tenancy shal l be as follows: (a) firstly, his surviving spouse; (b) secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased person as a member of his family up to the date of his de ath; (c) thirdly, his parents, if there is no surviving spouse, son or daughter of the deceased person, or if such surviving spouse, son or daughter or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death; and (d) fourthly, his daughter -in-law, being the widow of his pre -deceased son, if there is no surviving spouse, son, daughter or parents of the deceased person, or if such surviving spouse, son, daughter or parents, or any of th em, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death. Explanation II. If the person, who acquires, by succession, the right to continue in possession after the termination of the tenancy, was not finan cially dependent on the deceased person on the date of his death, such successor shall acquire such right for a limited period of one year; and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession after the termination of the tenancy shall become extinguished. Explanation III.For the removal of doubts, it is hereby declared that, 1. Subs. by Act 18 of 1976 , s. 2, for clause ( l) (w.e.f. 1 -12-1975). 6 (a) where, by reason of Explanation II, the right of any successor to continue in possession after the termination of the tenancy becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession after the termination of the tenancy; but if there is no other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to any other successor, specified in any lower category or categories, as the case may be; (b) the right of every successor , referred to in Explanation I, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs ;] (m) urban area has the same meaning as in the Delhi Muni cipal Corporation Act, 1957 (66 of 1957). 3. Act not to apply to certain premises .Nothing in this Act shall apply (a) to any premises belonging to the Government; 1*** (b) to any tenancy or other like relationship created by a grant from the Gov ernment in respect of the premises taken on lease, or requisitioned, by the Government: 2[Provided that where any premises belonging to Government have been or are lawfully let by any person by virtue of an agreement with the Gov ernment or otherwise, then, notwit hstanding any judgment, decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy]. 3[(c) to any premises, whether residential or not, whose monthly rent exceeds three thousand and five hundred rupees; or (d) to any premises constructed on or after the commencement of the Delhi Rent Control (Amendment) Act, 1988, for a period of ten years from the date of completion of such construction;] CHAPTER II PROVISIONS REGARDING RENT 4. Rent in excess of standard rent n ot recoverable .(1) Except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of January, 1939, no tenant shall, notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occu pation of any premises any amount in excess of the standard rent of the premises, unless such amount is a lawful increase of the standard rent in accordance with the provisions of this Act. (2) Subject to the provisions of sub -section ( 1) any agreement for the payment of rent in excess of the standard rent shall be construed as if it were an agreement for the payment of the standard rent only. 5. Unlawful cha rges not to be claimed or received .(1) Subject to the provisions of this Act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary. (2) No person shall, in consideration of the grant, renewal or continuance of a tenancy or sub -tenancy of any premises, (a) claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent; or (b) except with the previous permission of the Controller, claim or receive the payment of any sum exceeding one month's rent of such premises as rent in advance. (3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub -tenant to claim or receive any payment in consideration of the relinquishment, transfer or assignm ent of his tenancy or sub -tenancy, as the case may be, of any premises. (4) Nothing in this section shall apply 1. The word or omitted by Act 57 of 1988 , s. 2 (w.e.f. 1 -12-1988). 2. Added by Act 4 of 1963 , s. 2 (with retrospective effect). 3. Ins. by Act 57 of 1988 , s. 2 (w.e.f. 1 -12-1988). 7 (a) to any payment made in pursuance of an agreement entered into before the 1st day of January, 1939; or (b) to any payment made under an agre ement by any person to a landlord for the purpose of financing the construction of the whole or part of any premises on the land belonging to, or taken on lease by, the landlord, if one of the conditions of the agreement is that the landlord is to let to t hat person the whole or part of the premises when completed for the use of that person or any member of his family: Provided that such payment does not exceed the amount of agreed rent for a period of five years of the whole or part of the premises to be l et to such person. Explanation .For the purposes of clause ( b) of this sub -section, a member of the family of a person means, in the case of an undivided Hindu family, any member of the family of that person and in the case of any other family, the husba nd, wife, son daughter, father, mother, brother, sister or any other relative dependent on that person. 6. Standard rent .(1) Subject to the provisions of sub -section ( 2), standard rent , in relation to any premises means (A) in the case of residential p remises (1) where such premises have been let out at any time before the 2nd day of June, 1944, (a) if the basic rent of such premises per annum does not exceed six hundred rupees, the basic rent; or (b) if the basic rent of such premises per annum excee ds six hundred rupees, the basic rent together with ten per cent. of such basic rent; (2) where such premises have been let out at any time on or after the 2nd day of June, 1944, (a) in any case where the rent of such premise s has been fixed under the Delhi and Ajmer -Merwara Rent Control Act, 1947 (19 of 1947), or the Delhi and Ajmer Rent Control Act, 1952 (38 of 1952), (i) if such rent per annum does not exceed twelve hundred rupees, the rent so f ixed; or (ii) if such rent per annum exceeds twelve hundred rupees, the rent so fixed together with ten per cent . of such rent; (b) in any other case, the rent calculated on the basis of 1[ten per cent.] per annum of the aggregate amount of the 2[actual] c ost of construc tion and the market price of the land comprised in the premises on the date of the commencement of the construction; 3* * * * (B) in the case of premises other than residential premises (1) where the premises have been let out at any time before the 2nd day of June , 1944, the basic rent of such premises together with ten per cent. of such basic rent: Provided that where the rent so calculated exceeds twelve hundred rupees per annum, this clause shall have effect as if for the word s ten per cent. , the words fifteen per cent. had been substituted; (2) where the premises have been let out at any time on or after the 2nd day of June, 1944, (a) in any case where the rent of such premises has been fixed under the Delhi and Ajmer - Merwara Rent Control Act, 1947 (19 of 1947) or

Delhi and Ajmer - Merwara Rent Control Act, 1947 (19 of 1947) or the Delhi and Ajmer Rent Control Act, 1952 (38 of 1952), (i) if such rent per annum does not exceed twelve hundred rupees, the rent so fixed; or 1. Subs . by Act 57 of 1988 , s. 3, for seven and one -half per cent. (w.e.f. 1 -12-1988). 2. Subs . by s. 3, ibid., for Reasonable (w.e.f. 1 -12-1988). 3. Proviso omitted by s. 3, ibid. (w.e.f. 1 -12-1988). 8 (ii) if such rent per annum exceeds twelve hundred rupees, the ren t so fixed together with fifteen per cent . of such rent; (b) in any other case, the rent calculated on the basis of 1[ten per cent.] per annum of the aggregate amount of the 2[actual] cost of construc tion and the market price of the land comprised in the premises on the date of the commencement of the construction: 3[* * * *] (2) Notwithstanding anything contained in sub -section ( 1), (a) in the case of any premises, whether residential or not, constructed on or after th e 2nd day of June, 1951, but before the 9th day of June, 1955, the annual rent calculated with reference to the rent at which the premises were let for the month of March, 1958, or if they were not so let, with reference to the rent at which they were last let out, shall be deemed to be the standard rent for a period of seven years from the date of the completion of the construction of such premises; 4[* * * *] (b) in the case of any premises, whether residential or not, constructed on or after the 9th day of June, 1955, including premises constructed after the commencement of this Act 5[but before the commencement of the Delhi Rent Control (Amendment) Act, 1988], the annual rent calculated with reference to the rent agreed upon between the landl ord and the tenant when such premises were first let out shall be deemed to be the standard rent for a period of five years from the date of such letting out. 5[(c) in the case of any premises, whether residential or not, constructed on or after the commen cement of the Delhi Rent Control (Amendment) Act, 1988 and to which the provisions of this Act are made applicable by virtue of clause ( d) of section 3, the rent calculated on the basis of ten per cent. per annum of the aggregate amount of the actual cost of construction of the premises and the market price of the land comprised in the premises on the date of commencement of the construction, of the premises shall be deemed to be the standard rent.] (3) For the purposes of this section, residential premises include premises let out for the purposes of a public hospital, an educational institution, a public library, reading room or an orphanage. 6[6A. Revision of rent .Notwithstanding anything contained in this Act, the standard rent, or, where no standard re nt is fixed under the provisions of this Act in respect of any premises, the rent agreed upon between the landlord and the tenant, may be increased by ten per cent. every three years.] 7. Lawful increase of standard rent in certain cases and recovery of ot her charges .(1) Where a landlord has at any time, before the commencement of this Act with or without the approval of the tenant or after the commencement of this Act with the written approval of the tenant or of the Controller, incurred expenditure for a ny improvement, addition or structural alteration in the premises, not being expenditure on decoration or tenantable repairs necessary or usual for such premises, and the cost of that improvement, addition or alteration has not been taken into account in d etermining the rent of the premises, the landlord may lawfully increase the standard rent per year by an amount not exceeding 7[ten per cent.] of such cost. (2) Where a landlord pays in respect of the premises any charge for electricity or water consumed i n the premises or any other charge levied by a local authority having jurisdiction in the area which is ordinarily payable by the tenant, he may recover from the tenant the amount so paid by him; but the landlord shall not recover from the tenant whether b y means of an increase in rent or otherwise the amount of any tax on building or land imposed in respect of the premises occupied by the tenant: 1. Subs. by Act 57 of 1988 , s. 3, for seven and one -half per cent. (w.e.f. 1 -12-1988). 2. Subs. by s. 3, ibid., for Reasonable (w.e.f. 1-12-1988). 3. Proviso omitted by s. 3, ibid., (w.e.f. 1 -12-1988). 4. Proviso omitted by s. 3, ibid., (w.e.f. 1 -12-1988). 5. Ins. by s. 3, ibid. (w.e.f. 1-12-1988 ). 6. Ins. by s. 4, ibid. (w.e.f. 1 -12-1988). 7. Subs . by s. 3, ibid., for seven and one -half per cent. (w.e.f. 1 -12-1988). 9 Provided that nothing in this sub -section shall affect the liability of any tenant under an agreement entered i nto before the 1st day of January, 1952, whether express or implied, to pay from time to time the amount of any such tax as aforesaid. 8. Notice of increase of rent .(1) Where a landlord wishes to increase the rent of any premises, he shall give the tenant notice of his intention to make the increase and in so far as such increase is lawful under this Act, it shall be due and recoverable only in respect of the period of the tenancy after the expiry of thirty days from the date on which the notice is given. (2) Every notice under sub -section ( 1) shall be in writing signed by or on behalf of the landlord and given in the manner provided in section 106 of the Transfer of Property Act, 1 882 (4 of 1882). 9. Controller to fix standard rent, etc. (1) The Controller shall, on an appli cation made to him in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any premises (i) the standard rent referred to in section 6; or (ii) the increase, if any, refer red to in section 7. (2) In fixing the standard rent of any premises of the lawful increase thereof, the Controller shall fix an amount which appears to him to be reasonable having regard to the provisions of section 6 or section 7 and the circumstances of the case: 1 [Provided that in working out the cost of construction of any premises or the market price of the land comprised in such premises for the purposes of section 6, or the cost of improvement, addition or alteration referred to in section 7, the C ontroller may take the assistance of any valuer approved by the Central Government in accor dance with such rules as may be prescribed and the assessment shall be made by such valuer in the manner prescribed.] (3) In fixing the standard rent of any premise s part of which has been lawfully sub -let, the Controller may also fix the standard rent of the part sub -let. (4) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth under section 6, the Contro ller may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar or nearly similar premises in the locality, having regard also to the standa rd rent payable in respect of such premises. (5) The standard rent shall in al l cases be fixed for a tenancy of twelve months: Provided that where any premises are let or re -let for a period of less than twelve months, the standard rent for such tenancy sh all bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months. (6) In fixing the standard rent of any premises under this section, the Controller shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant. (7) In fixing the standard rent of any premises u nder this section, the Controller shall specify a date from which the standard rent so fixed shall be deemed to have effect: Provided that in no case the date so specified shall be earlier than one year prior to the date of the filing of the application fo r the fixation of the standard rent. 10. Fixation of interim rent .If an application for fixing the standard rent or for determining the lawful increase of such rent is made under section 9, the Controller shall, as expeditiously as possible, make an order specifying the amount of the rent or the lawful increase to be paid by the tenant to the landlord pending final decision on the application and shall appoint the date from which the rent or lawful increase so specified shall be deemed to have effect. 1. Ins. by Act 57 of 1988 , s. 6 (w.e.f. 1 -12-1988). 10 11. Limitation of liability of middlemen .No collector of rent or middleman shall be liable to pay to his principal, in respect of any premises, any sum by way of rental charges which exceeds, the amount which he is entitled under this Act to realise from the tenant or tenants of the premises. 12. Limitation for application for fixation of standard rent .Any landlord or tenant may file an application to the Controller for fixing the standard rent of the premises or for determining the lawful increase of such re nt, (a) in the case of any premises which were let, or in which the cause of action for lawful increase of rent arose, before the commencement of this Act, within two years from such commencement; (b) in the case of any premises let after the commencement of this Act 1[but before the commencement of the Delhi Rent Control (Amendment) Act, 1988], (i) where the application is made by the landlord, within two years from the date on which the premises were let to the tenant against whom the application is ma de; (ii) where the application is made by the tenant, within two years from the date on which the premises were let to that tenant; 2[and] (c) in the case of any premises in which the cause of action of lawful increase of rent arises after the commencement of this Act within two years from the date on which the cause of action arises; 2[and] 1[(d) in the case of any premises referred to in clause ( c) of sub -section ( 2) of section 6, within two years from the date of such application:] Provided that the Con troller may entertain the application after the expiry of the said period of two years, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time. 13. Refund of rent, premium, etc., not recoverable under th e Act .Where any sum or other consideration has been paid, whether before or after the commencement of this Act, by or on behalf of a tenant to a landlord, in contravention of any of the provisions of this Act or of the Delhi and Ajmer Rent Control Act, 19 52 (38 of 1952), the Controller may, on an application made to him within a period of one year from the date of such payment, order the landlord to refund such sum or the value of such consideration to the tenant or order adjustment of such sum or the valu e of such consideration against the rent payable by the tenant. CHAPTER III CONTROL OF EVICTION OF TENANTS 14. Protection of tenant against eviction .(1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree fo r the recovery of possession of any premises shall be made by any court or Controller in favour of the landlord against a tenant: Provided that the Controller may, on an application made to him in the prescribed manner, make an order for the recovery of po ssession of the premises on one or more of the following grounds only, namely: (a) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a noti ce of demand for the arrears of rent has been served of him by the landlord in the manner provided in section 106 of the Transfer of Property Act, 1882 (4 of 1882); 1. Ins. by Act 57 of 1988 , s. 7 (w.e.f. 1 -12-1988). 2. Clause ( d) has been ins . by s. 7 ibid. As a result of this insertion the word and of the end of sub -clause ( ii) of clause ( b) ought to have been omitted and added at the end of clause ( c), which has been done by Act 57 of 1988 . The irregularity has set right. (Ed.) 11 (b) that the tenant has, on or after the 9th day of June, 1952, sub -let, assigned or otherw ise parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord; (c) that the tenant has used the premises for a purpose other than that for which they were let (i) if the premises have been let on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord; or (ii) if the premises have been let before the said date without obtaining his consent; (d) that the premises were let for use as a residence and neithe r the tenant nor any member of his family has been residing therein for a period of six months immediately before the date of the filing of the application for the recovery of possession thereof; (e) that the premises let for residential purposes ar e requi red bona fide by the landlord for occupation as a residence for himself or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no othe r reasonably suitable residential accommodation; Ex

the premises are held and that the landlord or such person has no othe r reasonably suitable residential accommodation; Explanation. For the purposes of this clause, premises let for residential purposes include any premises which having been let for use as a residence are, without the consent of the landlord, used incident ally for commercial or other purposes; (f) that the premises have become unsafe or unfit for human habitation and are required bona fide by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; (g) that the p remises ar e required bona fide by the landlord for the purpose of building or re -building or making thereto any substantial additions or al terations and that such building or re -building or addition or alteration cannot be carried out without the premises being vacated; (h) that the tenant has, whether before or after the commencement of this Act, 1***, acquired vacant possession of, or been allotted, a residence; 2[(hh) that the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act, 1988, built a residence and ten years have elapsed there after;] (i) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or aft er the commencement of this Act, to be in such service or employment; (j) that the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial damage to the premises; (k) that the tenant has, notwithstandi ng previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate; (l) that the landlord requires the premises in order to carry out any building work at the instance of the Government or the Delhi Development Authority or the Municipal Corporation of Delhi is pursuance of any improvement scheme or de velopment scheme and that such building work cannot be carried out without the premises being vacated. (2) No order for the recovery of possession of any premises shall be made on the ground specified in clause ( a) of the proviso to sub -section ( 1), if the tenant makes payment or deposit as required by section 15: 1. The word built omitted by Act 57 of 1988 , s. 8 (w.e.f. 1 -12-1988). 2. Ins. by s. 8, ibid. (w.e.f . 1-12-1988). 12 Provided that no tenant shall be entitled to the benefit under this sub -section, if, having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent of those premises for three consecutive months. (3) No order for the recovery of possession in any proceeding under sub -section ( 1) shall be binding on any sub -tenant referred to in section 17 who has given notice of his sub -tenancy to the landlord under the provisions of that section, unless the sub -tenant is made a party to the proceeding and the order for eviction is made binding on him. (4) For the purposes of clause ( b) of the proviso to sub -section ( 1), any premises which have bee n let for being used for the purposes of business or profession shall be deemed to have been sub -let by the tenant, if the Controller is satisfied that the tenant without obtaining the consent in writing of the landlord has, after the 16th day of August, 1 958, allowed any person to occupy the whole or any part of the premises ostensibly on the ground that such person is a partner of the tenant in the business or profession but really for the purpose of sub -letting such premises to that person. (5) No applic ation for the recovery of possession of any premises shall lie under sub -section ( 1) on the ground specified in clause ( c) of the proviso thereto, unless the landlord has given to the tenant a notice in the prescribed manner requiring him to stop the misus e of the premises and the tenant has refused or failed to comply with such requirement within one month of the date of service of the notice; and no order for eviction against the tenant shall be made in such a case, unless the Controller is satisfied that the misuse of the premises is of such a nature that it is a public nuisance or that it causes damage to the premises or is otherwise detrimental to the interest of the landlord. (6) Where a landlord has acquired any premises by transfer, no application fo r the recovery of possession of such premises shall lie under sub -section ( 1) on the ground specified in clause ( e) of the proviso thereto, unless a period of five years have elapsed from the date of the acquisition. (7) Where an order for the recovery of possession of any premises is made on the ground specified in clause ( e) of the proviso to sub -section ( 1), the landlord shall not be entitled to obtain possession thereof before the expiration of a period of six months from the date of the order. (8) No order for the recovery o f possession of any premises shall be made on the ground specified in clause ( g) of the proviso to sub -section ( 1), unless the Controller is satisfied that the proposed reconstruction will not radically alter the purpose for which t he premises were let or that such r adical alteration is in the public interest, and that the plans and estimates of such reconstruction have been properly prepared and that necessary fund for the purpose are available with the landlord. (9) No order for t he recovery of possession of any premises shall be made on the ground specified in clause ( i) of the proviso to sub -section ( 1), if the Controller is of opinion that there is any bona fide dispute as to whether the tenant has ceased to be in the service or employment of the landlord. (10) No order for the recovery of possession of any premises shall be made on the ground specified in clause ( j) of the proviso to sub -section (1), if the tenant, within such time as may be specified in this behalf by the Control ler, carries out repairs to the damage caused to the satisfaction of the Controller or pays to the landlord such amount by way of compensation as the Controller may direct. (11) No order for the recovery of possession of any premises shall be made on the g round specified in clause ( k) of the proviso to sub -section ( 1), if the tenant, within such time as may be specified in this behalf by the Controller, complies with the condition imposed on the landlord by any of the authorities referred to in that clause or pays to that authority such amount by way of compensation as the Controller may direct. 1[14A. Right to recover immediate possession of premises to accrue to certain persons . (1) Where a landlord who, being a person in occupation of any residential prem ises allotted to him by the Central Government or any local authority is required, by, or in pursuance of, any general or special order made by that Government or authority, to vacate such residential accommodation, or in default, to incur certain obligati ons, on the ground that he owns, in the Union territory of Delhi, a residential accommodation either in his own name or in the name of his wife or dependent child, there shall accrue, on and from the 1. Ins. by Act 18 of 1976 , s. 5 (w.e.f. 1 -12-1975). 13 date of such order, to such landlord, notwithstanding an ything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediately possession of any premises let out by him: Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the Union territory of Delhi, two or more dwelling houses whether in his own name or in the name of his wife or dependent child to recover the possession of more tha n one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover. (2) Notwithstanding anything contained elsewhere in this Act or in any there law for the time being in force or in any contract, custom or usage to the contrary, where the landlord exercises the right of recovery conferred on him by sub -section ( 1), no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compe nsation shall be entertained by any court, tribunal or other authority: Provided that where the landlord had received, (a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premise s by him, refund to the tenant such amount as represent the rent payable for the unexpired portion of the contract, agreement or lease; (b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same propo rtion to the total amount so received, as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease: Provided further that, if any default is made in making any refund as aforesaid, the landlor d shall be liable to pay simple interest at the rate of six per cent per annum on the amount which he has omitted or failed to refund.] 1[14B. Right to recover immediate possession of premises to accrue to members of the armed forces, etc. (1) Where the la ndlord (a) is a released or retired person from any armed forces and the premises let out by him are required for his own residence; or (b) is a dependent of a member of any armed forces who had been killed in action and the premises let out by such membe r are required for the residence of the family of such member, such person or, as the case may be, the dependent may, within one year from the date of his release or retirement from such armed forces or, as the case may be, the da te of death of such member , or within a period of one year from the date of commencement of the Delhi Rent Control (Amendment) Act, 1988, whichever is later, apply to the Controller for recovering the immediate possession of such premises. (2) Where the landlord is a member of any of the armed forces and has a period of less than one year preceding the date of his retirement and the premises let out by him are required for his own residence after his retirement, he may, at any time, within a period of one year before the date of his retirement, apply to the Controller for recovering the immediate possession of such premises. (3) Where the landlord referred to in sub -section ( 1) or sub -section ( 2) has let out more than one premises, it shall be open to him to make an application under that sub -section in respect of only one of the premises chosen by him. Explanation .For the purposes of this section, armed forces means an armed force of the Union constituted under an Act of Parliament and includes a member of the police force constit uted under Section 3 of the Delhi Police Act, 1978 (34 of 1978). 14C. Right to recover immediate possession of premises to accrue to Central Government and Delhi Administration employees .(1) Where the landlord is a retired employee of the Cent ral Government or of the Delhi Administration, and the premises let out by him are required for his own residence, such employee may, within one year from the date of his retirement or within a period of one 1. Ins. by Act 57 of 19 88, s. 9 (w.e.f. 1 -12-1988). 14 year from the date of commencement of the Delhi Rent Control (Amendment) Act, 1988, whichever is later, apply to the Controller for recovering the immediate possession of such premises. (2) Where the landlord is an employee of the Central Government or of the Delhi Administration and has a period of les s than one year preceding the date of his re tirement and the premises let out by him are required by him for his own residence after his retirement, he may, at any time within a period of one year before the date of his retirement, apply to the Controller for recovering the immediate possession of such premises. (3) Where the landlord referred to in sub -section ( 1) or sub -section ( 2) has let out more than one premises, it shall be open to him to make an application under that sub -section in respect of only one of the premises chosen by him. 14D. Right to recover immediate possession of premises to accrue to a widow . (1) Where the landlord is a widow and the premises let out by her, or by her husband, are required by her for her own residence, she may ap ply to the Controller for recovering the immediate possession of such premises. (2) Where the landlord referred to in sub -section ( 1) has let out more than one premises, it shall he open to her to make an application under that sub -section in respect of an y one of the premises chosen by her.] 15. When a tenant can get the benefit of protection against eviction .(1) In every proceeding of the recovery of possession of any premises on the ground specified in clause ( a) of the proviso to sub-section ( 1) of section 14, the Controller shall, after giving the parties an opportunity of being heard, make an order directing the tenant to pay to the landlord or deposit with the Controller within one month of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto up to the end of the month previous to that in which payment or depos it is made and to continue to pay or deposit, month by month, by the fifteenth of each succeeding month, a sum equivalent to the rent at that rate. (2) If, in any proceeding for the recovery of possession of any premises on any ground other than that refer red to in sub -section ( 1), the tenant contests the claim for eviction, the landlord may, at any stage of the proceeding, make an application to the Controller for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the Controller may, after giving the parties an oppor tunity of being heard, make an order in accordance with the provisions of the said sub -section. (3) If, in any proceeding referred to in sub -section ( 1) or sub -section ( 2), there is any disp ute as to the amount of rent payable by the tenant, the Controller shall, within fifteen days of the date of the first hearing of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of s ub-section

, fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of s ub-section ( 1) or sub -section ( 2), as the case may be until the standard rent in relation thereto is fixed having regard to the provisions of this Act, and the amount of arrears if any, calculated on the basis of the standard rent shall be paid or deposite d by the tenant within one month of the date on which the standard rent is fixed or such further time as the Controller may allow in this behalf. (4) If, in any proceeding referred to in sub -section ( 1) or sub -section ( 2), there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the Controller the amount payable by him under sub -section ( 1) or sub -section ( 2) or sub -section ( 3), as the case may be, and in such a case, no person shall b e entitled to withdraw the amount in deposit until the Controller decides the dispute and makes an order for payment of the same. (5) If the Controller is satisfied that any dispute referred to in sub -section ( 4) has been raised by a tenant for reasons whi ch are false or frivolous, the Controller may order the defence against eviction to be struck out and proceed with the hearing of the application. (6) If a tenant makes payment or deposit as required by sub -section ( 1) or sub -section ( 3), no order shall be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but the Controller may allow such costs as he may deem fit to the landlord. (7) If a tenant fails to make payment or deposit as required by this section, th e Controller may order the defence against eviction to be struck out and proceed with the hearing of the application. 15 16. Restrictions on sub -letting .(1) Where at any time before the 9th day of June, 1952, a tenant has sub-let the whole or any part of th e premises and the sub -tenant is, at the commencement of this Act, in occupation of such premises, then , notwithstanding that the consent of the landlord was not obtained for such sub -letting, the premises shall be deemed to have been lawfully sub -let. (2) No premises which have been sub -let either in whole or in part on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sub -let. (3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the landlord, (a) sub -let the whole or any part of the premises held by him as a tenant; or (b) transfer or assign his rights in the tenancy or in any part thereof. (4) No landlord shall claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever in cash or in kind for giving his consent to the sub -letting of the whole or any part of the premises held by the tenant. 17. Notice of creation and termination of sub -tenancy .(1) Wh ere, after the commencement of this Act, any premises are sub -let either in whole or in part by the tenant with the previous consent in writing of the landlord, the tenant or the sub -tenant to whom the pr emises are sub -let may, in th e prescribed manner, give notice to the landlord of the creation of the sub -tenancy within one month of the date of such sub-letting and notify the termination of such sub -tenancy within one month of such termination. (2) Where, before the commencement of this Act, any premises have been lawfully sub -let either in whole or in part by the tenant, the tenant or the sub -tenant to whom the premises have been sub -let may, in the prescribed manner, give notice to the landlord of the creation of the sub -tenancy wi thin six months of the commencement of this Act, and notify the termination of such sub -tenancy within one month of such termination. (3) Where in any case mentioned in sub -section ( 2), the landlord contests that the premises were not lawfully sub -let, and an application is made to the Controller in this behalf, either by the landlord or by the sub-tenant, within two months of the date of the receipt of the notice of sub -letting by the landlord or the issue of the notice by the tenant or the sub -tenant, as the case may be, the Controller shall decide the dispute. 18. Sub-tenant to be tenant in certain cases .(1) Where an order for eviction in respect of any premises is made under section 14 against a tenant but not against a sub -tenant referred to in section 17 and a notice of the sub -tenancy has been given to the landlord, the sub -tenant shall, with effect from the date of the order, be deemed to become a tenant holding directly under the landlord in respect of the premises in his occupation on the same term s and conditions on which the tenant would have held from the landlord, if the tenancy had continued. (2) Where, before the commencement of this Act, the interest of a tenant in respect of any premises has been determined without determining the interest o f any sub -tenant to whom the premises either in whole or in part had been lawfully sub -let, the sub -tenant shall, with effect from the date of the commencement of this Act, be deemed to have become a tenant holding directly under the landlord on the same t erms and conditions on which the tenant would have held from the landlord, if the tenancy had continued. 19. Recovery of possession for occupation and re -entry .(1) Where a landlord recovers possession of any premises from the tenant in pursuance of an ord er made under clause ( e) of the proviso to sub-section ( 1) of section 14 1[or under sections 14A, 14B, I4C, 14D and 21], the landlord shall not, except with the permission of the Controller obtained in the prescribed manner, re -let the whole or any part of the premises within three years from the date of obtaining such possession, and in granting such permission, the Controller may direct the landlord to put such evicted tenant in pos session of the premises. (2) Where a landlord recovers possession of any premises as aforesaid and the premises are not occupied by the landlord or by the person for whose benefit the premises are held, within two months of obtaining such possession, or the premises having been so occupied are, at any time within three years from 1. Ins. by Act 57 of 1988 , s. 10 (w.e.f. 1 -12-1988). 16 the date of obtaining possession, re -let to any person other than the evicted tenant without obtaining the permission of the Controller under sub -section ( 1) or the possession of such premises is transferred to another person for reasons which do not appear to the Controller to be bona fide , the Controller may, on an application made to him in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the pre mises or to pay him such compensation as the Controller thinks fit. 20. Recovery of possession for repairs and re -building and re -entry .(1) In making any order on the grounds specified in clause ( f) or clause ( g) of the proviso to sub -section ( 1) of sec tion 14, the Controller shall ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re -building, as the case may be. (2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs of building or re -building, place the tenant in occupation of the premises or part thereof. (3) If, after the tenant has delivered possession on or before the date specified in the order, the la ndlord fails to commence the work of repairs or building or re -building within one month of the specified date or fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in occupation of the premises in accor dance with sub -section ( 2), the Controller may, on an application made to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the tenant in occupation of the premises or part thereof or to pay to the tenant s uch compensation as the Controller thinks fit. 21. Recovery of possession in case of tenancies for limited period . 1[(1)] Where a landlord does not require the whole or any part of any premises for a particular period, and the landlord, after obtaining the permission of the Controller in the prescribed manner, lets the whole of the premises or part thereof as a residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not on the expiry of the said per iod, vacate such premises, then, notwithstanding anything contained in section 14 or in any other law, the Controller may, on an application made to him in this behalf by the landlord within such time as may be prescribed, place the landlord in vacant poss ession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises. 2[(2) While making an order under sub -section ( 1), the Controller may award to the landlord such damages for the use or occupati on of the premises at such rates as he considers proper in the circumstances of the case for the period from the date of such order till the date of actual vacation by the tenant.] 22. Special provision for recovery of possession in certain cases .Where th e landlord in respect of any premises is any company or other body corporate or any local authority or any public institution and the premises are required for the use of employees of such landlord or in the case of a public institution, for the furtheranc e of its activities, then, notwithstanding anything contained in section 14 or any other law, the Controller may, on an application made to him in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the Controller is satisfied (a) that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or (b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or (c) that any other person is in unauthorised occupation of such premises; or 1. Section 21 renumbered as sub -section ( 1) thereof by Act 57 of 1988 , s. 11 (w.e.f. 1 -12-1988). 2. Ins. by s. 11, ibid. (w.e.f. 1 -12-1988). 17 (d) that t he premises are required bona fide by the public institution for the furtherance of its activities. Explanation. For the purposes of this section, public institution includes any educational institution, library, hospital and charitable dispensary 1[but does not include any such institution set up by any private trust]. 23. Permission to construct additional structures .Where the landlord proposes to make any improvement in, or construct any additional structure on, any building which has been let to a te nant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure and the Controller, on an application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing to comme nce the work and that such work will not cause any undue hardship to the tenant, the Controller may permit the landlord to do such work and may make such other order as he thinks fit in the circumstances of the case. 24. Special provision regarding vacant b uilding sites .Notwithstanding any thing contained in section 14, where any premises which have been let comprise vacant land upon which it is permissible under the building regulations or municipal bye -laws, for the time being in force, to erect any build ing, whether for use as a residence or for any other purpose and the landlord proposing to erect such building is unable to obtain possession of the land from the tenant by agreement with him and the Con troller, on an application made to him in this beha lf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Controller may (a) direct such severance ; (b) place the landlord in possession of the vacant land ; (c) determine the rent payable by the tenant in respect of the rest of the premises; and (d) make such other order as he thinks fit in the circumstances of the case. 25. Vacant possession to lan dlord .Notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatsoever and any order is made by the Controller under this Act for the recovery of possession of such premises the or der shall, subject to the provisions of section 18, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such person there from: Provided that nothing in this sectio n shall apply to any persons who has an in dependent title to such premises. 2[CHAPTER IIIA SUMMARY TRAIL OF CERTAIN APPLICATIONS 25A. Provisions of this Chapter to have overriding effect .The provisions of this Chapt er or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being in force. 25B. Special procedure for the disposal of applications for eviction on the ground of bona fide requirement . (1) Every application by a landlord for the re covery of possession of any premises on the ground specified in clause ( e) of the proviso to sub-section ( 1) of section 14, or under section 14A 3[or under section 14B or un der section I4C or under section 14D], shall be dealt with in accordance with the procedure specified in this section. 1. Added by Act 57 of 1988 , s. 12 (w.e.f. 1 -12-1988

57 of 1988 , s. 12 (w.e.f. 1 -12-1988). 2. Chapter IIIA (consisting of sections 25A to 25C ins . by Act 18 of 1976 , s. 6 (w.e.f. 1 -12-1975). 3. Ins. by Act 57 of 1988 , s. 13 (w.e.f. 1 -12-1988). 18 (2) The Controller shall issue summons, in relation to every application referred to in sub -section ( 1), in the form specified in the Thi rd Schedule. (3) (a) The Controller shall, in addition to, and simultaneously with, the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgment due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a news paper cir culating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain. (b) When an acknowledgement purporting to be signed by the tenant or his agent is received by the Controller or the r egistered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the Controller may declare th at there has been a valid service of summons. (4) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in the Third Schedule shall not contest the prayer for eviction from the premises unle ss he files an affidavit s tating the grounds on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid. (5) The Controller shall give to the tenant leave to conte st the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in clause ( c) of the proviso to sub -section ( 1) of section 14, or under section 14A. (6) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing of the application as early as practicable. (7) Notwithstanding anything contained in sub -section ( 2) of secti on 37, the Controller shall, while holding an inquiry in a proceeding to which this Chapter applies, follow the practice and procedure of a Court of Small Causes, including the recording of evidence. (8) No appeal or second appeal shall lie against an orde r for the recovery of possession of any premises made by the Controller in accordance with the procedure specified in this section: Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this secti on is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit. (9) Where no application has been made to the High Court on revision, the Controller may exercise the powers of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908). (10) Save as otherwise provided in this Chapter, the procedure for the disposal of an application for eviction on the ground specified in clause ( e) of the p roviso to sub -section ( 1) of section 14, or under section 14A, shall be the same as the procedure for the disposal of applications by Controllers. 25C. Act to have effect in a modified form in relation to certain persons .(1) Nothing contained in sub -section (6) of section 14 shall apply to a landlord who, being a person in occupation of any residential premises allotted to him by the Central Government or any local authority is required by or in pursuance of, an order made by that Government or authority t o vacate such residential accommodation, or, in default, to incur certain obligations, or the ground that he owns a residential accommodation either in his own name or in the name of his wife or dependent child in the Union territory of Delhi. (2) In the c ase of a landlord who, being a person of the category specified in sub -section ( 1), has obtained, on the ground specified in clause ( e) of the proviso to sub -section ( 1) of section 14, or under 19 section 14A, an order for the eviction of a tenant from any pre mises, the provisions of sub -section ( 7) of section 14 shall have effect as if for the words six months , occurring therein, the words two months were substituted.] CHAPTER IV DEPOSIT OF RENT 26. Receipt to be given for rent paid .(1) Every tenant shal l pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable 1[and where any default occurs in the payment of rent, the tenant shall be liable to pay sim ple interest at the rate of fifteen per cent, per annum from the date on which such payment of rent is due to the date on which it is paid.] (2) Every tenant who makes a payment of rent to his landlord shall be entitled to obtain forthwith from the landlor d or his authorised agent a written receipt for the amount paid to him, signed by the landlord or his authorised agent: 2[Provided that it shall be open to the tenant to remit the rent to his landlord by postal money order.] (3) If the landlord or his auth orised agent refuses or neglects to deliver to the tenant a receipt referred to in sub -section ( 2), the Controller may, on an application made to him in this behalf by the tenant within two months from the date of payment and after hearing the landlord or his authorised agent, by order direct the landlord or his authorised agent to pay to the tenant, by way of damages, such sum not exceeding double the amount of rent paid by the tenant and the costs of the application and shall also grant a certificate to t he tenant in respect of the rent paid. 27. Deposit of rent by the tenant .(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 26 of refuses or neglects to deliver a receipt referred to therein or wh ere there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner: 3[Provided that in cases where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may remit such rent to the Controller by postal money order.] (2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely: (a) the premises for which the rent is de posited with a description sufficient for identifying the premises; (b) the period for which the rent is deposited; (c) the name and address of the landlord or the person or persons claiming to be entitled to such rent; (d) the reasons and circumstances fo r which the application for depositing the rent is made; (e) such other particulars as may be prescribed. (3) On such deposit of the rent being made, the Controller shall send in the prescribed manner a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of the deposit. (4) If an application is made for the withdrawal of any deposit of rent, the Controller shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him in the manner prescribed: Provided that no order for payment of any deposit of rent shall be made by the Controller under this sub-section without giving all persons named by the tenant in his application under sub -section ( 2) as 1. Added by Act 57 of 1988 , s. 14 (w.e.f. 1 -12-1988). 2. Ins. by s. 14 , ibid. (w.e.f. 1 -12-1988). 3. Ins. by s. 15, ibid. (w.e.f. 1 -12-1988). 20 claiming to be entitled to payment of such rent an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent being decided by a court of competent jurisdict ion. (5) If at the time of filing the application under sub -section ( 4), but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent complains or complain to the Co ntroller that the statements in the tenant's application of the reasons and circumstances which led him to deposit the rent are untrue, the Controller, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months rent, if the Controller is satisfied that the said statements were materially untrue and may order that a sum out of the fine realised be paid to the landlord as compensation. (6) The Controller may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months' rent, if the Controller is satisfied that the landlord, without any reasonable cause, refused to accept re nt though tendered to him within the time referred to in section 26 and may further order that a sum out of the fine realised be paid to the tenant as compensation. 28.Time limit for making deposit and consequences of incorrect particulars in application fo r deposit .(1) No rent deposited under section 27 shall be considered to have been validly deposited under that section, unless the deposit is made within twenty -one days of the time referred to in section 26 for payment of the rent. (2) No such deposit sh all be considered to have been validly made, if the tenant wilfully makes any false statement in his application for depositing the rent, unless the landlord has withdrawn the amount deposited before the date of filing an application for the recovery of po ssession of the premises from the tenant. (3) If the rent is deposited within the time mentioned in sub -section ( 1) and does not cease to be a valid deposit for the reason mentioned in sub -section ( 2), the deposit shall constitute payment of rent to the landlord, as if the amount deposited had been validly tendered. 29. Saving as to acceptance of rent and forfeiture of rent in deposit .(1) The withdrawal of rent deposited under section 27 in the manner provided therein shall not operate as an admission agai nst the person withdrawing it of the correctness of the rate of rent, the period of default, the amount due, or of any other facts stated in the tenant's application for depositing the rent under the said section. (2) Any rent in deposit which is not withd rawn by the landlord or by the person or persons entitled to receive such rent shall be forfeited to Government by an order made by the Controller, if it is not withdrawn before the expiration of five years from the date of posting of the notice of deposit . (3) Before passing an order of forfeiture the Controller shall give notice to the landlord or the person or persons entitled to receive the rent in deposit by registered post at the last known address of such landlord or person or persons and shall also publish the notice in his office and in any local newspaper. CHAPTER V HOTELS AND LODGING HOUSES 30. Application of the Chapter .The provisions of this Chapter shall apply to all hotels and lodging houses in the areas which, immediately before the 7th day of April, 1958, were included in the New Delhi Municipal Committee, Municipal Com mittee, Delhi and the Notified Area Committee, Civil Station, Delhi and may be applied by the Central Government, by notification in the Official Gazette, to hotels and lodgi ng houses within the limits of such other urban area of the Municipal Corporation of Delhi as may be specified in the notification: Provided that if the Central Government is of opinion that it would not be desirable in the public interest to make the prov isions of this Chapter applicable to any class of hotels or lodging houses, it may, by notification in the Official Gazette, exempt such class of hotels or lodging houses from the operation of this Chapter. 21 31. Fixing of fair rate .(1) Where the Controller , on a written complaint or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging houses are excessive, he may fix a fair rate to be charged for board, lodging or other services pr ovided in the hotel or lodging house and in fixing such fair rate, specified separately the rate for lodging, board or other services. (2) In determining the fair rate under sub -section ( 1), the Controller shall have regard to the circumstances of the case and to the prevailing rate of charges for the same or similar accommodation , board and service, during the twelve months imme diately preceding the 1st day of June, 1951, and to any general increase in the cost of living after that date. 32. Revision of f air rate .On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Controller may, from time to time, revise the fair rate to be charged for board, lodging or other service in a hotel or lodging house, and fix such rate as he may deem fit having regard to any general rise or fall in the cost of living which may have occurred after the fixing of fair rate. 33. Charges in excess of fair rate not recoverable .When the Controller has determined the fair rate of char ges in respect of a hotel or lodging house, (a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with the previous written permission of the Contr oller, withdraw from the lodger any concession or service allowed at the time when the Controller determined the fair rate; (b) any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be co nstrued as if it were an agreement for payment of the said fair rate; (c) any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of the payment from the manager of

excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of the payment from the manager of the hotel o r the owner of the lodging house or his legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner. 34. Recovery of possession by manager or a hotel or the owner of a lodging house . Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house shall he entitled to recover possession of the accommodation provided by him to a lodger on obtaining a certificate from th e Controller certifying (a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighboring ledger; Explanation . For the purposes of this clause, nuisance shall be deemed to include any act which constitutes an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); (b) that the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the occupation of any person for whose benefit the accommodation is held, or any other cause which may be deemed satisfactory to the Controller; (c) that the lodger has failed to vacate the accommodation on the termination of the period o f the agreement in respect thereof; (d) that the lodger has done any act which is inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owner's interest therein; (e) that the lodger has failed to pay the rent due from him. 22 CHAPTER VI APPOINTMENT OF CONTROLLERS AND THEIR POWERS AND FUN CTION AND APPEALS 35. Appointment of Controllers and Additional Controllers .(1) The Central Government may, by notification in the Official Gaze tte, appoint as many Controllers as it thinks fit, and define the local limits within which, or the hotels and lodging houses in respect of which, each Controller shall exercise the powers conferred, and perform the duties imposed, on Controllers by or und er this Act. (2) The Central Government may also, by notification in the Official Gaze tte, appoint as many additional Controllers as it thinks fit and an additional Controller shall perform such of the functions of the Controller as may, subject to the con trol of the Central Government, be assigned to him in writing by the Controller and in the discharge of these functions, an additional Controller shall have and shall exercise the same powers and discharge the same duties as the Controller. (3) A person sh all not be qualified for appointment as a Controller or an additional Controller, unless he has for at least five years held a judicial office in India or has for at least seven years been practising as an advocate or a pleader in India. 36. Powers of Controller .(1) The Controller may (a) transfer any proceeding pending before him for disposal to any additional Controller, or (b) withdraw any proceeding pending before any additional Controller and dispose it of himself or transfer the proceeding for dispos al to any other additional Controller. (2) The Controller shall have the same powers as are tested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely: (a) summoning and en forcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; (d) any other matter which may be prescribed ; and any proceeding before the C ontroller shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860), and the Controller shall be deemed to be a civil court within the meaning of Section 480 and Section 482 of the C ode of Criminal Procedure, 1898 (5 of 1898). (3) For the purposes of holding any inquiry or discharging any duty under this Act, the Controller may, (a) after giving not less than twenty -four hours notice in writing, enter and inspect or aut horise any officer subordinate to him to enter and inspect any premises at any time between sunrise and sunset; or (b) by written order, require any person to produce for his inspection all such accounts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order. (4) The Controller may, if he thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or assessors to advise him in the proceeding befo re him. 37. Procedure to be followed by Controller .(1) No order which prejudicially affects any person shall be made by the Controller under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and un til his objections, if any, and any evidence he may produce in support of the same have been considered by the Controller. (2) Subject to any rules that may be made under this Act, the Controller shall, while holding an inquiry in any proceeding before him , follow as far as may b e the practice and procedure of a Court of Small Causes, including the recording of evidence. 23 (3) In all proceedings before him, the Controller shall consider the question of costs and award such costs to or against any party as the Controller considers reasonable. 38. Appeal to the Tribunal .(1) An appeal shall lie from every order of the Controller made under this Act 1[only on questions of law] to the Rent Control Tribunal hereinafter referred to as the Tribunal) consisting of one person only to be appointed by the Central Government by notification in the Official Gazette: 1[Provided that no appeal shall lie from an order of the Controller made under section 21.] (2) An appeal under sub -section ( 1) shall be preferred within thirty days from the date of the order made by the Controller: Provided that the Tribunal may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) The Tribunal shall have all the power vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when hearing an appeal. (4) Without prejudice to the provisions of sub -section ( 3), the Tribunal may, on an application made to it or otherwise, by order transfer any proceeding pending before any Controller or additional Controller to another Controller or additional Controller and the Controller or additional Controller to whom the proceeding is so transferred may , subject to any specia l directions in the order of transfer, dispose of the proceeding. (5) A person shall not be qualified for appointment to the Tribunal, unless he is, or has been, a district judge or has for at least ten years held a judicial office in India. 2[38A. Additio nal Rent Control Tribunals .(1) For the expeditious disposal of appeals and applications under section 38, the Central Government may, by notification in the Official Gazette, constitute as many Additional Rent Control Tribunals as it deems fit and appoint to each such Additional Rent Control Tribunal (hereinafter referred to as the Additional Tribunal) one person qualified for appointment to the Tribunal in accordance with the provisions of sub-section ( 5) of that section. (2) Notwithstanding anything c ontained in section 38, the Tribunal may, by order in writing, (a) specify the appeals or classes of appeals under sub -section ( 1) of that section which may be preferred to and disposed of by each Additional Tribunal and the classes of cases in which eac h Additional Tribunal may exercise the powers of the Tribunal under sub -section ( 4) of that section; (b) transfer any appeal or proceeding pending before it for disposal to any Additional Tribunal; or (c) withdraw any appeal or proceeding pending before a ny Additional Tribunal and dispose it of itself or transfer the appeal or proceeding for disposal to any other Additional Tribunal. (3) The provisions of sub -sections ( 2) and ( 3) of section 38 shall apply in relation to an Additional Tribunal as they apply in relation to the Tribunal. 38B. Power of High Court to transfer appeals, etc. The High Court may also, on an application made to it or otherwise, by order, transfer (a) any appeal or proceeding pending before the Tribunal to any Additional Tribunal; or (b) any appeal or proceeding pending before any Additional Tribunal to the Tribunal or in any other Additional Tribunal.] 39. [Second appeal .]Omitted by The Delhi Rent Control (Amendment) Act , 1988 ( 57 of 1988 ), s. 17 (w.e.f. 1 -12-1988) 1. Ins. by Act 57 of 1988, s. 16 (w.e.f. 1 -12-1988). 2. Ins. by s. 2, Act 37 of 1984 . 24 40. Amendment of orders .Clerical or arithmetical mistakes in any order passed by a Controller or 1[the Tribunal or an Additional Tribunal] or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Controller or 1 [the Tribunal o n an Additional Tribunal] on an application received in this behalf from any of the parties or otherwise. 41. Controller to exercise powers of a magistrate for recovery of fine .Any fine imposed by a Controller under this Act shall be paid by the person fi ned within such time as may be allowed by the Controller and the Controller may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedu re, 1898, (5 of 1898 ) and the Controller shall be deemed to be a magistrate under the said Code for the purposes of such recovery. 42. Controller to exercise powers of civil court for execution of other orders .Save as otherwise provided in section 41, an order made b y the Controller or an order passed on appeal under this Act shall be executable by the Controller as a decree of a civil court and for this purpose, the Controller shall have all the powers of a civil court. 43. Finality of order .Save as otherwise expres sly provided in this Act, every order made by the Controller or an order passed on appeal under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding. CHAPTER VII PROVISIONS REGARDING SPECIAL OBLIGATIONS OF LANDLORDS AND PENALTIES 44. Landlord s duty to keep the premises in good repair .(1) Every landlord shall be bound to keep the premises in good and tenantable repairs. (2) If the landlord neglects or fails to make, within a reasonable time after notice in writing, any repairs which he is bound to make under sub -section (1) the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that the amount so deducted or recoverable in any year shall not exceed one -twelfth of the rent payable by the tenant for that year. (3) Where any repairs without which the premises are not habitable or usable except with undue inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the Contr oller for permission to make such repairs himself and may submit to the Controller an estimate of the cost of such repairs, and, thereupon, the Controller may, after giving the landlord an opportunity of being heard and after considering such estimate of t he cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and t o deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord: Provided that the amount so deducted or recoverable in any year shall not exceed one -half of the rent payable by the tenant for that year: Provided further that if any repairs not covered by the said amount are necessary in the opinion of the Controller, and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to make such repairs. 45. Cutting off or withholding essential supply or service .(1) No landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant i n respect of the premises let to him. (2) If a landlord contravenes the provisions of sub -section ( 1), the tenant may make an application to the Controller complaining of such contravention. 1. Subs . by Act 37 of 1984, s. 3, for the Tribunal (w.e.f. 26 -5-1984). 25 (3) If the Controller is satisfied that the essential supply or servi ce was cut off or withheld by the landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the Controller may pass an order directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section ( 4). Explanation. An interim order may be passed under this sub -section without giving notice to the landlord. (4) If the Controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the p remises was cut off or withheld by the landlord without just and sufficient cause, he shall make an order directing the landlord to restore such supply or service. (5) The Controller may in his discretion direct that compensation not exceeding fifty rupees (a) be paid to the landlord by the tenant, if the application under sub -section ( 2) was made frivolously or vexatiously; (b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause. Explanation I .In this section, essential supply or service includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary ser vices. Explanation II .For the purposes of this section, withholding any essentia l supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any order competent authority. 46. Landlord's duty to give notice of new construction to Government .Whenever, after the commencement of this Act, any premises are constructed, the landlord shall, within thirty days of the completion of such construction, give

mencement of this Act, any premises are constructed, the landlord shall, within thirty days of the completion of such construction, give intimation thereof in writing to the 1[Director of Estates] or to such other off icer as may be specified in this behalf by the Government. 47. Leases of vacant premises to Government .(1) The provisions of this section shall apply only in relation to premises in the areas which, immediately before the 7th day of April, 1958, were incl uded in the New Delhi Municipal Committee and which are, or are intended to be, let for use as a residence. (2) Whenever any premises the standard rent of which is not less than two thousand and four hundred rupees per year becomes vacant either by the lan dlord ceasing to occupy the premises or by the termination of a tenancy or by the eviction of a tenant or by the release of the premises from requisition or otherwise, (a) the landlord shall, within seven days of the premises becoming vacant, give intimation thereof in writing to the 1[Director of Estates]; (b) whether or not such intimation is given, the 1[Director of Estates] may serve on the landlord by post or otherwise a notice (i) informing him that the premises are required by the Government for such period as may be specified in the notice; and (ii) requiring him, and every person claiming under him, to deliver posses sion of the premises forthwith to such officer or person as may be specified in the notice: Provided that where the landlord has given the intimation required by clause ( a), no notice shall be issued by the 1[Director of Estates] under clause ( b) more than seven days after the delivery to him of the intimation: Provided further that nothing in this sub -section shal l apply in respect of any premises the possession of which has been obtained by the landlord on the basis of any order made on the ground set forth in clause (e) of the proviso to sub -section ( 1) of section 14 or in respect of any premises which have been released from requisition for the use and occupation of the landlord himself. 1. Subs . by Act 58 of 1960 , s. 3 and Schedule II, for Estate Officer to the Government of India (w.e.f. 26 -12-1960). 26 (3) Upon the service of a notice under clause ( b) of sub -section ( 2), the premises shall be deemed to have been leased to the Government for the period specified in the notice, a s from the date of the delivery of the intimation under clause ( a) of sub -section ( 2) or in a case where no such intimation has been given, as from the date on which possession of the premises is delivered in pursuance of the notice, and the other terms of the lease shall be such as may be agreed upon between the Government and the landlord or in default of agreement, as may be determined by the Controller, in accordance with the provisions of this Act. (4) In every case where the landlord has in accordance with the provisions of sub-section ( 2) given intimation of any premises becoming vacant and the premises are not taken on lease by the Government under this section, the Government shall pay to the landlord a sum equal to one -fifty second of the standard rent per year of the premises. (5) Any premises taken on lease by the Government under this section may be put to any such use as the Government thinks fit, and in particulars, the Government may pe rmit the use of the premises for the purposes of any public institution or any foreign embassy, legation or consulate or any High Commissioner or Trade Commissioner, or as a residence by any officer in the service of the Government or of a foreign embassy, legation or consulate or of a High Commissioner or Trade Commissioner. 48. Penalties .(1) If any person contravenes any of the provisions of section 5, he shall be punishable (a) in the case of a contravention of the provisions of sub -section ( 1) of sect ion 5, with simple imprisonment for a term which may extend to three months, or with fine which may extend to a sum which exceeds the unlawful charge claimed or received under that sub -section by one thousand rupees, or with both; (b) in the case of a cont ravention of the provisions of sub -section ( 2) or sub -section ( 3) of section 5, with simple imprisonment for a term which may extend to six months, or with fine which may extend to a sum which exceeds the amount or value of unlawful charge claimed or recei ved under the said sub-section ( 2) or sub -section ( 3), as the case may be, by five thousand rupees, or with both. (2) If any tenant sub -lets, assigns or otherwise parts with the possession of the whole or part of any premises in contravention of the provis ions of clause ( b) of the proviso to sub -section ( 1) of section 14, he shall be punishable with fine which may extend to one thousand rupees. 1[(3) If any landlord re -lets or transfers the whole or any part of any premises in contravention of the provision s of sub -section ( 1) or sub -section ( 2) of section 19 he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.] (4) If any landlord contravenes the provisions of sub -section ( 1) of section 45, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. (5) If any landlord fails to comply with the provisions of section 46 he shall be punishable with fine which may extend to one hundred rupees. (6) If any person contravenes the provisions of clause ( a) of sub -section ( 2) of section 47, or fails to comply with a requirement under clause ( b) thereof, he shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 49. Cognizance of offences .(1) No court inferior to that of a 2[Metropolitan Magistrate] shall try any offence punishable under this Act. 1. Subs . by Act 57 of 1988 , s. 19, for sub -section ( 3) (w.e.f. 1 -12-1988). 2. Subs . by s. 19, ibid., for magistrate of the first class (w.e.f. 1 -12-1988). 27 (2) No court shall take cognizance of an offence punishable un der this Act, unless the complaint in respect of the offence has been made within three months from the dale of the commission of the offence. (3) Notwithstanding anything contained in 1[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)] it s hall be lawful for any 2[Metropolitan Magistrate] to pass a sentence of fine exceeding 3[five thousand rupees] on a person convicted of an offence punishable under this Act. CHAPTER VIII MISCELLANEOUS 50. Jurisdiction of civil courts barred in respect of certain matters .(1) Save a otherwise expressly provided in this Act, no civil court shall entertain any suit or proceeding in so far as it relates to the fixation of standard rent in relation to any premises to which this Act applies or to eviction of any tenant therefrom or to any other matter which the Controller is empowered by or under this Act to decide, and no injunction in respect of any action taken or to be taken by the Controller under this Act shall be granted by any civil court or other authority. (2) If, immediately befo re the commencement of this Act, there is any suit or proceeding pending in any civil court for the eviction of any tenant from any premises to which this Act applies and the construction of which has been completed after the 1st day of June, 1951, but bef ore the 9th day of June, 1955, such suit or proceeding shall, on such commencement, abate. (3) If, in pursuance of any decree or order made by a court, any tenant has been evicted after the 16th day of August, 1958, from any premises to which this Act appl ies and the construction of which has been completed after the 1st day of June, 1951, but before the 9th day of June, 1955, then, notwithstanding anything contained in any other law, the Controller may, on an application made to him in this behalf by such evicted tenant within six months from the date of eviction, direct the landlord to put the tenant in possession of the premises or to pay him such compensation as the Controller thinks fit. (4) Nothing in sub -section ( 1) shall be construed as preventing a civil court from entertaining any suit or proceeding for the decision of any question of title to any premises to which this Act applies or any question as to the person or persons who are entitled to receive the rent of such premises. 51. Controllers to b e public servants .All Controllers and additional Controllers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 52. Protection of action taken in good faith .No suit, pros ecution or other legal proceeding shall lie against any Controller or additional Controller in respect of anything which is in good faith done or intended to be done in pursuance of this Act. 53. [Amendment of the Delhi Tenants Temporary Protection Act, 19 56.]Repealed. by The Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Schedule . I. 54. Saving of operation of certain enactments .Nothing in this Act shall affect the provisions of the Administration of Evacuee Property Act, 1950 (31 of 1950), or t he Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956), or the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956). 55. Special provision regarding decrees affected by the Delhi Tenants (Tem porary Protection) Act, 1956 .Where any decree or order for the recovery of pos session of any premises to which the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956), applies is sought to be executed on the cesser of operation of that Act in relation to those premises, the court executing th e decree or order may, on the application of the person against whom the decree or order has been passed or otherwise, reopen the case and if it is satisfied that the decree or order could not have been passed if this Act had been in force on the date of t he decree or order, the court may, having regard to the provisions of this Act, set aside the decree or order or pass such other order in relation thereto as it thinks fit. 1. Subs. by Act 57 of 1988 , s. 19, for Section 32 of the Code of Criminal Procedure, 1898 (5 of 1898) (w.e.f. 1 -12-1988 ). 2. Subs. by s. 19, ibid., for magistrate of the first class (w.e.f. 1 -12-1988). 3. Subs . by s. 19, ibid., for two thousand rupees (w.e.f. 1 -12-1988). 28 56. Power to make rules .(1) The Central Government may, by notification in the Off icial Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1[(a) the manner of approval of va luers and the procedure to be followed by such valuers under the proviso to sub -section (2) of section 9;] 2[(aa)] the form and manner in which, and the period within which, an application may be made to the Controller; (b) the form and manner in which an application for deposit or rent may be made and the particulars which it may contain; (c) the manner in which a Controller may hold an inquiry under this Act; (d) the powers of the civil court which may be vested in a Controller; (e) the form and manner in which an application for appeal or transfer of proceeding may be made to the Tribunal; (f) the manner of service of notices under this Act; (g) any other matter which has to be, or may be, prescribed. 3[(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 immediate ly 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 effe ct, 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.] 57. Repeal and saving .(1) The Delhi and Ajmer Rent Control Act, 1952 (38 of 1952) in so f ar as it is applicable to the Union territory of Delhi, is hereby repealed. (2) Notwithstanding such repeal, all suits and other proceedings under the said Act pending, at the commencement of this Act, before any court or other authority shall be continued and disposed of in accordance with the provisions of the said Act, as if the said Act had continued in force and this Act had not been passed: Provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant f rom any premises to which section 54 does not apply, the court or other authority shall have regard to the provisions of this Act: Provided further that the provisions for appeal under the said Act shall continue in force in respect of suits and proceeding s disposed of thereunder. 1. Ins. by Act 57 of 1988 , s. 20 (w.e.f. 1 -12-1988). 2. Clause ( a) relettered as clause ( aa) there of by s. 20, ibid. (w.e.f. 1 -12-1988).