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THE PONDICHERRY (EXTENSION OF LAWS) ACT, 1968 ACT NO. 26 OF 1968 [24th May , 1968 .] An Act to extend certain Central Acts to the Union territory of Pondicherry. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows: 1. Short title .This Act may be called the Pondicherry (Extension of Laws) Act, 1968. 2. Definitions .In this Act, unless the context otherwise requires, (a) Act means an Act or the Ordinance specified in the Schedule; (b) Administrator means the administrator of Pondicherry appointed by the President under article 239 of the Constitution; (c) Pondicherry means the Union territory of Pondicherry. 3. Extension with amendments of certain laws to Pondicherry and their commencement therein .(1) The Acts specified in Part I of the Schedule as they are generally in force in the territories to which t hey extend and the Acts specified in Part II of the Schedule as they were in force on the 1st day of August, 1966, in the State or Union territory m entioned there against shall extend to Pondicherry, subject to the modifications, if any, specified in the S chedule. (2) Notwithstanding anything contained in sub -section ( 1), or in the relevant provision, if any, of each such Act for the commencement thereof, the provisions of each such Act shall come into force in Pondicherry on such date as the Administrator may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of any Act and any reference in any such provision to the commencement of the Act shall be construed as a reference to the coming into force of that provision. 4. Repeal and saving .(1) Any law in force in Pondicherry or any area thereof corresponding to any Act referred to in sub -section ( 1) of section 3 or any part thereof (except in so far as such law continues to be applicable to Renoncants) shall stand repealed as from the coming into force of such Act in Pondicherry. (2) Nothing in sub -section ( 1) shall effect (a) the previous operatio n of any law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed ; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishm ent as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act ha s not been passed: Provided that anything done or any action ta ken (including any appointment or delegation made, notification, instruction or direction issued, form, bye -law or scheme framed, certificate obtained, permit or licene granted, or registration effected) under any such law, shall be deemed to have been don e or taken under the corresponding provision of the Act extended to Pondicherry by this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act. 3 5. Extension of rules, orders, etc., under certain laws .All rules, notifications, orders, regulations and bye -laws made or issued by the Central Government under the provisions of any Act generally for the territories to which such Act extends shall , as from the commencement of the provisions of such Act in Pondicherry, extend to, and come into force in, Pondicherry. 6. Rules of construction .(1) In any Act or in any of the rules, notifications, orders, regulations and bye-laws made or issued thereunder and extended to Pondicherry by this Act, (a) any reference to any provision of law not in force, or to any functionary not in existence, in Pondicherry shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that Union territo ry: Provided that (i) if any question arises as to who such corresponding functionary is, or (ii) if there is no such corresponding functionary, the Administrator shall decide as to who such functionary will be a nd his decision shall be final; (b) any reference to the State Government shall be construed as a reference to the Central Government and also as including a reference to the Administrator. (2) For the purpose of facilitating the application in relation to Pondicherry of any Act or any rule, notification, order, regulation or bye -law made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority. 7. Power to remove difficulties .If any difficulty arises in giving effect in Pondicherry to the provisions of any Act extended by this Act to Pondicherry, the Central Government may, as occasion may require, by order, make such provisions or give such directions not inconsistent with the provisions of such Act as appear to it to be necessary for the purpose of removing the difficulty and any such order may provide for the transfer of any matter pending before any court, tribunal or other authority immed iately before the commencement of such Act in Pondicherry to any corresponding court, tri bunal or authority for disposal : Provided that no such order shall be made under this section in respect of any Act after the expiration of two years from the date on which such Act comes into force in Pondicherry and in respect of an Act, the provisions of which are brought into force in Pondicherry on different dates, the period of two years shall be reckoned with reference to the commencement of the relevant provisio n as specified in the proviso to sub -section ( 2) of section 3. THE SCHEDULE [See section 3( 1)] PART I Year No. Short title Modifications 1 2 3 4 1839 32 The Interest Act, 1839. 1850 12 The Public Accountants Default Act, 1850. 1850 18 The Judicial Officers Protection Act, 1850. 1850 21 The Caste Disabilities Removal Act, 1850. 1851 8 The Indian Tolls Act, 1851. 4 Year No. Short title Modifications 1 2 3 4 1855 12 The Legal Representatives Suits Act, 1855. 1855 13 The Indian Fatal Accidents Act, 1855. 1856 9 The Indian Bills of Lading Act, 1856. 1856 12 The Civil Courts Amins Act, 1856. 1859 9 The Forfeiture Act, 1859. 1863 23 The Waste Lands (Claims) Act, 1863. 1864 15 The Indian Tolls Act, 1864. 1865 3 The Carriers Act, 1865. 1866 21 The Converts Marriage Dissolution Act, 1866. After section 1 , insert: 2. Nothing contained in this Act shall apply to saving the Renoncants of the Union territory of Pondicherry. . 1872 9 The Indian Contract Act, 1872. 1872 15 The Indian Christian Marriage Act, 1872. In section 1, at the end, insert: Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1873 10 The Indian Oaths Act, 1873. 1875 9 The Indian Majority Act, 1875. In section 1, at the end insert: Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1880 1 The Religious Societies Act, 1880. 1880 12 The Kazis Act, 1880. 1880 13 The Vaccination Act, 1880. 1882 4 The Transfer of Property Act, 1882. 1882 5 The Indian Easements Act, 1882. 1882 7 The Powers -of-Attorney Act, 1882. 1887 7 The Suits Valuation Act, 1887. 1887 9 The Provincial Small Cause Courts Act, 1887. 1890 1 The Revenue Recovery Act, 1890. 5 Year No. Short title Modifications 1 2 3 4 1890 8 The Guardian s and Wards Act, 1890. In section 1 , after sub -section ( 2), insert: Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. 1891 18 The Bankers Books Evidence Act, 1891. 1893 4 The Partition Act, 1893. 1894 9 The Prisons Act, 1894. 1897 3 The Epidemic Diseases Act, 1897. 1899 4 The Government Buildings Act, 1899. 1900 3 The Prisoners Act, 1900. 1908 16 The Indian Registration Act, 1908. 1914 9 The Local Authorities Loans Act, 1914. 1916 15 The Hindu Disposition of Property Act, 1916. In section 1, after sub -section ( 2), insert: Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1917 5 The Destruction of Records Act, 1917. 1918 10 The Usurious Loans Act, 1918. 1919 12 The Poisons Act, 1919. 1920 5 The Provincial Insolvency Act, 1920. 1920 10 The Indian Securities Act, 1920. 1920 15 The ind ian Red Cross Society Act, 1920. 1920 33 The Identification of Prisoners Act, 1920. 1921 18 The Maintenance Orders Enforcement Act, 1921. 1922 7 The Emigration Act, 1922. 1922 22 The Police(incitement to Disaffection)Act, 1922. 1923 5 The Indian Boilers Act, 1923. 1928 12 The Hindu Inheritance (Removal of Disabilities) Act, 1928. In section 1, in sub-section ( 3), add at the end: or to the Renoncants of the Union territory of Pondicherry. . 6 Year No. Short title Modifications 1 2 3 4 1929 19 The Chi ld Marriage Restraint Act, 1929 . In section 1 , after sub -section ( 2), insert : Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1930 3 The Sale of Goods Act, 1930 . 1930 30 The Hindu Gains of Learning Act, 1930. 1936 3 The Parsi Marriage and Divorce Act, 1936 . In section 1, in sub -section ( 2), after the proviso, insert: Provided further that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1937 26 The Muslim Personal Law ( Shariat ), Application Act, 1937 . In section 1, after sub -section ( 2), insert: Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1939 8 The Dissolution of Muslim Marriages Act, 1939 . In section 1, after sub -section ( 2), insert : Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1939 30 The Commercial Documents Evidence Act, 1939 . 1940 10 The Arbitration Act, 1940 . 1943 9 The Reciprocity Act, 1943 . 1944 38 The Criminal Law Amendment Ordinance, 1944. 1945 ... The International Monetary Fund and Bank Act,1945. 1947 43 The United Nations(Security Council) Act, 1947. 1947 46 The United Nations (Privileges and Immunities) Act, 1947 . 1948 41 The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 . 1950 29 The Transfer of Prisoners Act, 1950 . 7 Year No. Short title Modifications 1 2 3 4 1950 64 The Road Transport Corporations Act, 1950 . 1950 74 The Telegraph Wires (Unlawful Possession) Act, 1950 . 1951 50 The Tariff Commission Act, 1951. 1951 54 The Companies (Donations to National Funds) Act, 1951. 1951 61 The All -India Services Act, 1951. 1952 35 The Mines Act, 1952 . 1952 53 The Notaries Act, 1952 . 1954 29 The Wakf Act, 1954 . 1955 32 The Prisoners (Attendance in Courts) Act, 1955 . 1955 42 The Prize Competitions Act, 1955 . 1955 45 The Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955. 1956
ists (Conditions of Service) and Miscellaneous Provisions Act, 1955. 1956 3 The University Grants Commission Act, 1956 . 1956 31 The Life Insurance Corporation Act, 1956 . 1956 32 The Hindu Minority and Guardianship Act, 1 956 . In section 3, after sub -section ( 2), insert: (2A) Notwithstanding anything contained in sub-section ( 1), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1956 42 The Securities Contracts (Regulation) Act, 1956 . 1956 78 The Hindu Adoptions and Maintenance Act, 1956 . In section 2, after sub-section ( 2), insert: (2A) Notwithstanding anything contained in sub -section ( 1), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. . 1956 93 The Young Perso ns (Harmful Publications) Act, 1956. 8 Year No. Short title Modifications 1 2 3 4 1956 96 The Slum Areas (Improvement and Clearance) Act, 1956 . 1956 104 The Suppression of Immoral Traffic in Women and Girls Act, 1956 . 1958 20 The Probation of Offenders Act, 1958 . 1958 21 The Rice-Milling Industry (Regulation) Act, 1958 . 1958 29 The Working Journalists (Fixation of Rates of Wages) Act, 1958 . 1958 42 The International Finance Corporation (Status, Immunities and Privileges) Act, 1958 . 1960 6 The Geneva Conventions Act, 1960. 1960 32 The International Development Association (Status, Immunities and Privileges) Act, 1960 . 1960 63 The Preference Shares (Regulation of Dividends) Act, 1960 . In section 1, after sub -section ( 2), insert: (3) Notwithstanding anything contained in sub-section ( 2), the provisions of this Act shall , in their application to the Union territory of Pondicherry, have effect subject to the modifications specified in the Schedule. . After section 7, add: THE SCHEDULE [See section 1( 3)] Modifi cations of the Act in its application to the Union territory of Pondicherry 1. Sections 3 and 4 shall be omitted. 2. In section 4A, for the words, brackets, letters and figures twenty-seven and a half per cent. of the aggregate of ( i) the stipulated divid end, and ( ii) an a mount equal to eleven per cent. of the stipulated dividend as specified in sub -section ( 3) of section 3 , the followi ng shall be substituted, namely : twenty -seven and a half per c ent. of the stipulated dividend : Provided that in a case where the preference shares in respect of which dividend is declared or paid from part of the preference share capital of a company which, in respect 9 Year No. Short title Modifications 1 2 3 4 of the greater part of its total income, is entitled to a deduction from the tax chargeable from it under the Income -tax Act, 1961 (43 of 1961), under a notification issued b y the Central Government under section 294A of that Act, the reference to twenty -seven and a half per cent. of the stipulated dividend shall be construed as a reference to (i) where the stipulated dividend in respect of such preference share is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1st day of April, 1965, the said tw enty-seven and a half per cent. asreduced by forty -five per cent. thereof ; (ii) where such dividend is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1 st day of Apr il, 1966, the said t wenty -seven and a half per cent. as reduced by twenty -five per cent. thereof; (iii) where such dividend is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1 st day of April , 1967, or the 1st day of April, 1968, or the 1st day of April, 1969, the said tw enty- seven and a half per cent. as reduced by ten per cent. thereof. Explanation .For the removal of doubts it is hereby declared that any reference in this section to deduction made from a dividend on account of the income -tax payable by the company does not include any amount deducted by the company from that dividend under section 194 of the Income -tax Act, 1961 (43 of 1961). . 3. In section 5, sub -section ( 2) shall be omitted. 4. Section 6 shall be omitted. . 1961 25 The Advocates Act, 1961 In section 3. in sub -section ( 1), (1) in clause ( a), omit, Madras ; (2) re -letter clause ( cc) (inserted by Regulation 8 of 1963) as clause ( ccc) and before the clause as so re -lettered, insert: (cc) for the State of Madras and the Union territory of Pondicherry to be known as the Bar Council of Madras. . After Section 58A, insert : 58AA. Special Provisions in relation to the Union Territory of Pondicherry . 10 Year No. Short title Modifications 1 2 3 4 (1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter III are brought into force in the Union territory of Pondicherry, were entitled to practise the profession of law (whether by way of pleading or acting or both) under any law in force in the said Union territory or who would have been so entitled had they not been in public service on the said date, shall for the purposes of clause ( a) of sub - section ( 1) of section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926, (38 of 1926) and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Madras, be admitted as an advocate on the State roll maintained in respect of the said Union territory. (2) Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions o f Chapter IV are brought into force in the Union territory of Pondicherry, was practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to be, enrolled as an advocate under sub-section ( 1), shall, notwithstanding the repeal of the relevant provisions of such law by the Pondicherry (Extension of Laws) Act, 1968, continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person andbe subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed. 1961 28 The Dowry Prohibition Act, 196l. 1961 45 The Foreign Awards (Recognition and Enforcement ) Act, 19 61. 11 PART II Year No. Short title In force in a State or a Union Territory Modifications 1 2 3 4 5 1870 7 The Court -fees Act, 1870. As in force in the Union territory of Andaman and Nicobar Islands on the 1st day of August, 1966. In section 2, for clause (b), substitute: (b) State Government in relation to the Union territory of Pondicherry means the administrator thereof. . 1899 2 The Indian Stamp Act, 1899. As in force in the State of Madras on the 1st day of August, 1966. In section 2, after clause ( 25), insert: (26) State Government in relation to the Union territory of Pondicherry means the administrator thereof. . In section 3, omit the first and second provisos. In section 19A, (a) for Presidency of Madras , substitute Union territory of Pondicherry ; (b) forPresidency substitute Union territory . In section 57, in sub -section ( 1), omit and at the end of clause (d) and after clause ( e) insert : (ee) if it arises in the Union territory of Pondicherry, to the High Court of Madras. . In section 75 A, for sub -section ( 2), substitute : (2) Every rule made under this Act shall , as soon as may be after it is made, be laid before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that any such rule should no t be made, that rule shall thereafter have effect only in such modified form or be of no effect , as the case may be;so, however, that any such modification or annulment shall b e without p rejudice to the validity of any thing previously done after under that rule.. 12 Year No. Short title In force in a State or a Union Territory Modifications 1 2 3 4 5 In Schedule 1 (i) in entry 9, omit the Exemption; (ii) in entry 15, for Madras Court - fees and Suits Valuation Act, 1955 (Madras Act XIV of 1955) , substitute Court -fees Act, 1870 (7 of 1870) ; (iii) omit entry 20A; (iv) in entry 62, in clause ( d), for Administrator Generals Act, 1913 (Central Act III of 1913), section 25 , substitute Administrators -General Act, 1963 (45 of 1963), section 22 .. 1908 5 The Code of Civil Procedure, 1908 As in force in the State of Madras on the 1st day of August, 1966. After section 45, insert : 45A. Execution of decrees, etc., passed or made before the commencement of the Code in Pondicherry. Any judgment, decree or order passed or made before the commencement of this Code by any civil court in the Union territory of Pondicherry shall, for the purpose of execution, be deemed to have been passed or made under this Code: Provided that nothing con tained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment, decree or order may be subject. .
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 ACT NO. 25 OF 1986 [19 th May , 1986.] An Act to protect the rights of Muslim women who ha ve been divorced by, or have obtained divorce from, their husbands and to provide for matters con nected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-seventh yea r of the Republic of India as follows: 1. Short title and extent .(1) This Act may be called the Muslim Women (Protecti on of Rights on Divorce) Act, 1986. (2) It extends to the whole of India 1***. 2. Definitions .In this Act, unless the context otherwise requires, (a) divorced woman means a Muslim woman who was mar ried according to Muslim law, and has been divorced by, or has obtained divorce from, her husband in accordance with Muslim law; (b) iddat period means, in the case of a divorced woman, (i) three menstrual courses after the date of divorce , if she is subject to menstruation; (ii ) three lunar months after her divorce, if she is n ot subject to menstruation; and (iii ) if she is enceinte at the time of her divorce, th e period between the divorce and the delivery of her child or the termination of her pre gnancy, whichever is earlier; (c) Magistrate means a Magistrate of the First clas s exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area wh ere the divorced woman resides; (d) prescribed means prescribed by rules made under this Act. 3. Mahr or other properties of Muslim woman to be given to her at the time of divorce .(1) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shal l be entitled to (a) a reasonable and fair provision and maintenance t o be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and p aid by her former husband for a period of two years from the respective dates of birth of such ch ildren; (c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time of h er marriage or at any time thereafter according to Mus lim law; and (d) all the properties given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relative s of the husband or his friends. (2) Where a reasonable and fair provision and mainten ance or the amount of mahr or dower due has not been made or paid or the properties referred to in clause ( d) of sub-section ( 1) have not been delivered to a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make an application to a Magistrate for an order for paymen t of such provision and maintenance, mahr or dower or the delivery of properties, as the case may be. (3) Where an application has been made under sub-sect ion ( 2) by a divorced woman, the Magistrate may, if he is satisfied that 1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Sc hedule (w.e.f. 31-10- 2019). 3 (a) her husband having sufficient means, has failed o r neglected to make or pay her within the iddat period a reasonable and fair provision and maintena nce for her and the children; or (b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred to in clause ( d) of sub-section ( 1) have not been delivered to her, make an order, within one month of the date of the filing of the application, directing her former hus band to pay such reasonable and fair provision and maint enance to the divorced woman as he may determine as it and proper having regard to the needs of the div orced woman, the standard of life enjoyed by her du ring her marriage and the means of her former husband or , as the case may be, for the payment of such mahr or dower or the delivery of such properties referre d to in clause ( d) of sub-section ( 1) the divorced woman: Provided that if the Magistrate finds it impractica ble to dispose of the application within the said period, he may, for reasons to be recorded by him, dispose of the application after the said period. (4) If any person against whom an order has been made under sub-section ( 3) fails without sufficient cause to comply with the order, the Magistrate may issue a warrant for levying the amount of maintenance or mahr or dower due in the manner provided for levying fin es under the Code of Criminal Procedure, 1973 (2 of 1974), and may sentence such person, for the whole or part of any amount remaining unpaid after the execution of the warrant , to imprisonment for a term which may extend to on e year or until payment if sooner made, subject to su ch person being heard in defence and the said sente nce being imposed according to the provisions of the sa id Code. 4. Order for payment of maintenance. (1) Notwithstanding anything contained in the foregoi ng provisions of this Act or in any other law for the time being in force, where a Magistrate is satisfie d that a divorced woman has not re-married and is not able t o maintain herself after the iddat period, he may make an order directing such of her relatives as wo uld be entitled to inherit her property on her deat h according to Muslim law to pay such reasonable and fair maintenance to her as he may determine fit and proper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during h er marriage and the means of such relatives and such m aintenance shall be payable by such relatives in th e proportions in which they would inherit he property and at such periods as he may specify in his order : Provided that where such divorced woman has childre n, the Magistrate shall order only such children to pay maintenance to her, and in the event of any such children being unable to pay such maintenance, the Magistrate shall order the parents of such divo rced woman to pay maintenance to her: Provided further that if any of the parents is unab le to pay his or her share of the maintenance order ed by the Magistrate on the ground of his or her not h aving the means to pay the same, the Magistrate may , on proof of such inability being furnished to him, order that the share of such relatives in the maint enance ordered by him be paid by such of the other relativ es as may appear to the Magistrate to have the mean s of paying the same in such proportions as the Magis trate may think fit to order. (2) Where a divorced woman is unable to maintain hers elf and she has no relatives as mentioned in sub-section ( 1) or such relatives or any one of them have not eno ugh means to pay the maintenance ordered by the Magistrate or the other relatives ha ve not the means to pay the shares of those relativ es whose shares have been ordered by the Magistrate to be paid by such other relatives under the second proviso to sub-section ( 1), the Magistrate may, by order, direct the State W akf Board established under section 9 of the Wakf Act, 1954 (29 of 1954), or un der any other law for the time being in force in a State, functioning in the area in which the woman resides, to pay such maintenance as determined by him under sub-section ( 1) or, as the case may be, to pay the shares of such of the relatives who are unable to pay, at such periods as he may specify in his order. 5. Option to be governed by the provisions of secti ons 125 to 128 of Act 2 of 1974 .If on the date of the first hearing of the application under sub-s ection ( 2) of section 3, a divorced woman and her former husband declare, by affidavit or any other declarat ion in writing in such form as may be prescribed, e ither jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973 (2 of 1974), and f ile such affidavit or declaration in the court hear ing the application, the Magistrate shall dispose of su ch application accordingly. 4 Explanation. For the purposes of this section, date of the fir st hearing of the application means the date fixed in the summons for the attendance of the respondent to the application. 6. Power to make rules .(1) The Central Government may, by notification in th e Official Gazette, make rules for carrying out the purposes of this Ac t. (2) In particular and without prejudice to the forego ing power, such rules may provide for (a) the form of the affidavit or other declaration in writing to be filed under section 5; (b) the procedure to be followed by the Magistrate in disposing of applications under this Act, including the serving of notices to the parties to such applications, dates of hearing of such applications and other matters; (c) any other matter which is required to be or may b e prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions af oresaid, both Houses agree in making any modificati on in the rule or both Houses agree that the rule shou ld not be made, the rule shall thereafter have effe ct only in such modified form or be of no effect, as the ca se may be; so, however, that any such modification or annulment shall be without prejudice to the validit y of anything previously done under that rule. 7. Transitional provisions. Every application by a divorced woman under sectio n 125 or under section 127 of the Code of Criminal Procedure, 1973 (2 of 1974) pending before a Magistrate on the commencement of this Act, shall, notwithstanding an ything contained in that Code and subject to the provisions of section 5 of this Act, be disposed of by such Magistrate in accordance with the provisio ns of this Act.

THE TRADE UNIONS ACT, 1926 ACT NO. 16 OF 19261 [25th March, 1926.] An Act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 2. WHEREAS it is expedient to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions 2; It is hereby enacted as follows:-- CHAP PRELIMINARY CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 1. Short title, extent and commencement.- (1) This Act may be called the 3** Trade Unions Act, 1926. 4[(2) It extends to the whole of India 5 .] (3) It shall come into force on such date 6* as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions. 2. Definitions.- In this Act 7[`the appropriate Government' means, in relation to Trade Unions whose objects are not confined to one State, the Central Government, and in relation to other Trade Unions, the State Government, and], unless there is anything repugnant in the subject or context,-- (a) "executive" means the body, by whatever name called, to which the management of the affairs of a Trade Union is entrusted; (b) "8[office-bearer]", in the case of a Trade Union, includes any member of the executive thereof, but does not include an auditor; --------------------------------------------------------------------- 1. This Act has been extended to Goa. Daman and Diu by Reg. 12 of 1962; to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963 and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. Amended in Madhya Pradesh by M.P. Act 16 of 1968. Amended in Maharashtra by Mrh. Act 30 of 1968. 2. The words "in the Provinces of India" omitted by Act 42 of 1960, s. 2. 3. The word "Indian" omitted by Act 38 of 1964, s. 3 (w.e.f. 1-4-1965). 2 4. Subs. by the A. O. 1950, for sub-section (2). 5. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971). 6. 1st June, 1927; see Gazette of India, 1927, Pt. I, p. 467. 7. Ins. by the A. O. 1937. 8. Subs. by Act 38 of 1964, s. 2, for "officer" (w.e.f. 1-4-1965). 52 (c) "prescribed" means prescribed by regulations made under this Act; (d) "registered office" means that office of a Trade Union which is registered under this Act as the head office thereof; (e) "registered Trade Union" means a Trade Union registered under this Act; 1[(f) "Registrar" means-- (i) a Registrar of Trade Unions appointed by the appropriate Government under section 3, and includes any Additional or Deputy Registrar of Trade Unions; and (ii) in relation to any Trade Union, the Registrar appointed for the State in which the head or registered office, as the case may be, of the Trade Union is situated ;] (g) "trade dispute" means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and "workmen" means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and (h) "Trade Union" means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions: Provided that this Act shall not affect-- (i) any agreement between partners as to their own business; (ii) any agreement between an employer and those employed by him as to such employment; or --------------------------------------------------------------------- 1. Subs. by Act 42 of 1960, s. 3, for cl. (f). 53 (iii) any agreement in consideration of the sale of the good-will of a business or of instruction in any profession, trade or handicraft. CHAP REGISTRATION OF TRADE UNIONS CHAPTER II REGISTRATION OF TRADE UNIONS 3 3. Appointment of Registrars. 3. Appointment of Registrars.- 1[(1)] 2[The appropriate Government] shall appoint a person to be the Registrar of Trade Unions for 3[each State]. 4[(2) The appropriate Government may appoint as many Additional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the Registrar, such powers and functions of the Registrar under this Act as it may, by order, specify and define the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and functions so specified. (3) Subject to the provisions of any order under sub-section (2), where an Additional or Deputy Registrar exercises and discharges the powers and functions of a Registrar in an area within which the registered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be the Registrar in relation to the Trade Union for the purposes of this Act.] 4. Mode of registration. 4. Mode of registration.- 5[(1)] Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act. 6[(2) Where an application has been made under sub-section (1) for the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, --------------------------------------------------------------------- 1. S. 3 re-numbered as sub-section (1) thereof by Act 42 of 1960, s. 4. 2. Subs. by the A. O. 1937, for "Each L. G.". 3. Subs., ibid., for "the Province". 4. Ins. by Act 42 of 1960, s. 4. 5. S. 4 re-numbered as sub-section (1) thereof by s. 5, ibid. 6. Ins. by s. 5, ibid. 54 have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.] 5. Application for registration. 5. Application for registration.- (1) Every application for registration of a Trade Union shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:-- (a) the names, occupations and addresses of the members making the application; 4 (b) the name of the Trade Union and the address of its head office; and (c) the titles, names, ages, addresses and occupations of the 1[office-bearers] of the Trade Union. (2) Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars as may be prescribed. 6. Provisions to be contained in the rules of a Trade Union. 6. Provisions to be contained in the rules of a Trade Union.- A Trade Union shall not be entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provide for the following matters, namely:-- (a) the name of the Trade Union; (b) the whole of the objects for which the Trade Union has been established; (c) the whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this Act; (d) the maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the 1[office-bearers] and members of the Trade Union; (e) the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and also the admission of --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965). 55 the number of honorary or temporary members as 1[office-bearers] required under section 22 to form the executive of the Trade Union; 2[(ee) the payment of a subscription by members of the Trade Union which shall be not less than twenty-five naye paise per month per member ;] (f) the conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on the members; (g) the manner in which the rules shall be amended, varied or rescinded; (h) the manner in which the members of the executive and the other 1[office-bearers] of the Trade Union shall be appointed and removed; (i) the safe custody of the funds of the Trade Union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the 5 inspection of the account books by the 1*[office- bearers] and members of the Trade Union; and (j) the manner in which the Trade Union may be dissolved. 7. Power to call for further particulars and to require alteration ofname. 7. Power to call for further particulars and to require alteration of name.- (1) The Registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of section 5, or that the Trade Union is entitled to registration under section 6, and may refuse to register the Trade Union until such information is supplied. (2) If the name under which a Trade Union is proposed to be registered is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall require the persons applying for registration to alter the name of the Trade Union stated in the application, and shall refuse to register the Union until such alteration has been made. 8. Registration. 8. Registration.-The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register, to --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965). 2. Ins. by Act 42 of 1960, s. 6. 56 be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for registration. 9. Certificate of registration. 9. Certificate of registration.- The Registrar, on registering a Trade Union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act. 10. Cancellation of registration. 10. Cancellation of registration.- A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar-- (a) on the application of the Trade Union to be verified in such manner as may be prescribed, or (b) if the Registrar is satisfied that the certificate has 6 been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision
Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter provision for which is required by section 6: Provided that not less than two months' previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union. 11. Appeal. 1[11. Appeal.- (1) Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal,-- (a) where the head office of the Trade Union is situated within the limits of a Presidency-town 2*, to the High Court, or (b) where the head office is situated in any other area, to such Court, not inferior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the 3[appropriate Government] may appoint in this behalf for that area. --------------------------------------------------------------------- 1. Subs. by Act 15 of 1928, s. 2, for the original section. 2. The words "or of Rangoon" omitted by the A. O. 1937. 3. Subs., ibid., for "L. G.". 57 (2) The appellate Court may dismiss the appeal, or pass an order directing the Registrar to register the Union and to issue a certificate of registration under the provisions of section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the Registrar shall comply with such order. (3) For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may be, follow the same procedure and have the same powers as it follows and has when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom the whole or any part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had been awarded in a suit under the said Code. (4) In the event of the dismissal of an appeal by any Court appointed under clause (b) of sub-section (1), the person aggrieved shall have a right of appeal to the High Court, and the High Court shall, for the purpose of such appeal, have all the powers of an appellate Court under sub-sections (2) and (3), and the provisions of those sub-sections shall apply accordingly.] 12. Registered office. 12. Registered office.- All communications Union may be addressed to its registered office. Notice of any change in the address of the head office shall be given within fourteen days of such change to the 7 Registrar in writing, and the changed address shall be recorded in the register referred to in section 8. 13. Incorporation of registered Trade Unions. 13. Incorporation of registered Trade Unions.- Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued. 14. Certain Acts not to apply to registered Trade Unions. 14. Certain Acts not to apply to registered Trade Unions.- The following Acts, namely:-- (a) The Societies Registration Act, 1860 (21 of 1860), (b) The Co-operative Societies Act, 1912 (2 of 1912), 1[(c) The Companies Act, 1956 (1 of 1956);] shall not apply to any registered Trade Union, and the registration of any such Trade Union under any such Act shall be void. --------------------------------------------------------------------- 1. Subs. bu Act 42 of 1960, s. 7, for cl. (e) Former cls. (e) and (d) were omitted by Act 25 of 1942, s. 2 and Sch. I. 58 CHAP RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS CHAPTER III RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS 15. Objects on which general funds may be spent. 15. Objects on which general funds may be spent.- The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:-- (a) the payment of salaries, allowances and expenses to l[office-bearers] of the Trade Union; (b) the payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds of the Trade Union; (c) the prosecution or defence of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs; 8 (d) the conduct of trade disputes on behalf of the Trade Union or any member thereof; (e) the compensation of members for loss arising out of trade disputes; (f) allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members; (g) the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment; (h) the provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependants of members; (i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such; (j) the payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2, for "officers "(w.e.f. 1-4-1965). 59 in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the balance at the credit of those funds at the commencement of that year; and (k) subject to any conditions contained in the notification, any other object notified by the 1[appropriate Government] in the official Gazette. 16. Constitution of a separate fund for political purposes. 16. Constitution of a separate fund for political purposes.-(1) A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any Of the objects specified in sub-section (2). (2) The objects referred to in sub-section (1) are:-- (a) the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under 2[the Constitution] or of any local authority, before, during, or after the election in connection with his candidature or election; or (b) the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or (c) the maintenance of any person who is a member of any 9 legislative body constituted under 2[the Constitution] or of any local authority; or (d) the registration of electors or the election of a candidate for any legislative body constituted under 2[the Constitution] or for any local authority; or (e) the holding of political meetings of any kind, or the distribution of political literature or political documents of any kind. 3[(2A) In its application to the State of Jammu and Kashmir, references in sub-section (2) to any legislative body constituted under the --------------------------------------------------------------------- 1. Subs. by the A. O. 1937, for "G. G. in C.". 2. The words "the Government of India Act" have been successively amended by the A. O. 1937, the A. O. 1950 and Act 42 of 1960 to read as above. 3. Ins. by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971). 60 Constitution shall be construed as including references to the Legislature of that State.] (3) No member shall be compelled to contribute to the fund constituted under sub-section (1); and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the Trade Union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the Trade Union. 17. Criminal conspiracy in trade disputes. 17. Criminal conspiracy in trade disputes.- No 1[office-bearer] or member of a registered Trade Union shall be liable to punishment under sub-section (2) of section 120B Indian Penal Code (45 of 1860), in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in section 15, unless the agreement is an agreement to commit an offence. 18. Immunity from civil suit in certain cases. 18. Immunity from civil suit in certain cases.- (1) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any 1[office-bearer; or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills. (2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the Trade Union. 10 19. Enforceability of agreements. 19. Enforceability of agreements.- Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade: Provided that nothing in this section shall enable any Civil Court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2 for "officer" (w.e.f. 1-4-1965). 61 conditions on which any members of a Trade Union shall or shall not sell their goods, transact business, work, employ or be employed. 20. Right to inspect books of Trade Union. 20. Right to inspect books of Trade Union.- The account books of a registered Trade Union and the list of members thereof shall be open to inspection by an 1[office-bearer] or member of the Trade Union at such times as may be provided for in the rules of the Trade Union. 21. Rights of minors to membership of Trade Unions. 21. Rights of minors to membership of Trade Unions.- Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules. 2* * * * * 21A. Disqualifications of office-bearers of Trade Unions. 3*[21A. Disqualifications of office-bearers of Trade Unions.- (1) A person shall be disqualified for being
1A. Disqualifications of office-bearers of Trade Unions.- (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union if-- (i) he has not attained the age of eighteen years, (ii) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release. (2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), has been convicted of any offence involving moral turpitude and sentenced to 11 imprisonment, shall on the date of such commencement cease to be such member or office-bearer unless a period of five years has elapsed since his release before that date.] 4[(3) In its application to the State of Jammu and Kashmir, reference in sub-section (2) to the commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), shall be construed as reference to the commencement of this Act in the said State.] 22. Proportion of office-bearers to be connected with the industry. 22. Proportion of office-bearers to be connected with the industry.- Not less than one-half of the total number of the 5[office- bearers] of every registered Trade Union shall be persons actually engaged or employed in an industry with which the Trade Union is connected: Provided that the 6[appropriate Government] may, by special or general order, declare that the provisions of this section shall not apply --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 2, for "officer" (w.e.f. 1-4-1965). 2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965). 3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965). 4. Ins. by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971). 5. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965). 6. Subs. by the A. O. 1937, for "L. G.". 62 to any Trade Union or class of Trade Unions specified in the order. 23. Change of name 23. Change of name.- Any registered Trade Union may, with the consent of not less than two-thirds of the total number of its members and subject to the provisions of section 25, change its name. 24. Amalgamation of Trade Unions. 24. Amalgamation of Trade Unions.- Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds of such Trade Unions or either or any of them, provided that the votes of at least one-halt of the members of each or every such trade Union entitled to vote are recorded, and that at least sixty per cent. of the votes recorded are in favour of the proposal. 25. Notice of change of name or amalgamation. 25. Notice of change of name or amalgamation.- (1) Notice in writing of every change of name of every amalgamation, signed, in the case of a change of name, by the Secretary and by seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the Secretary and by seven members of each and every Trade Union which 12 is a party thereto, shall be sent to the Registrar, and where the head office of the amalgamated Trade Union is situated in a different State, to the Registrar of such State. (2) If the proposed name is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall refuse to register the change of name. (3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name in the register referred to in section 8, and the change of name shall have effect from the date of such registration. (4) The Registrar of the State in which the head office of the amalgamated Trade Union is situated shall, if he is satisfied that the provisions of this Act in respect of amalgamation have been complied with and that the Trade Union formed thereby is entitled to registration under section 6, register the Trade Union in the manner provided in section 8, and the amalgamation shall have effect from the date of such registration. 26. Effects of change of name and of amalgamation. 26. Effects of change of name and of amalgamation.- (1) The change in the name of a registered Trade Union shall not a affect any rights or obligations of the Trade Union or render 63 defective any legal proceeding by or against the Trade Union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. (2) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any of such Trade Unions or any right of a creditor of any of them. 27. Dissolution. 27. Dissolution.- (1) When a registered Trade Union is dissolved, notice of the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution, be sent to the Registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such registration. (2) Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union do not provide for the distribution of funds of the Trade Union on dissolution, the Registrar shall divide the funds amongst the members in such manner as may be prescribed. 28. Returns. 28. Returns.- (1) There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, 13 audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 31st day of 1[December] next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 31st day of 1[December]. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed. (2) Together with the general statement there shall be sent to the Registrar a statement showing all changes of 2[office-bearers] made by the Trade Union during the year to which the general statement refers, together also with a copy of the rules of the Trade Union corrected up to the date of the despatch thereof to the Registrar. (3) A copy of every alteration made in the rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration. 3[(4) For the purpose of examining the documents referred to in sub-sections (1), (2) and (3), the Registrar, or any officer authorised by him, by general or special order, may at all reasonable times --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964, s. 6, for "March" (w.e.f. 1-4-1965). 2. Subs. by s. 2, ibid., for "officers" (w.e.f. 1-4-1965). 3. Ins. by Act 42 of 1960, s. 9. 64 inspect the certificate of registration, account books, registers, and other documents, relating to a Trade Union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a Trade Union.] CHAP REGULATIONS CHAPTER IV REGULATIONS 29. Power to make regulations. 29. Poser to make regulations.- (1) 1** The 2[appropriate Government] may make regulations for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the manner in which Trade Unions and the rules of Trade Unions shall be registered and the fees payable on registration; (b) the transfer of registration in the case of any registered Trade Union which has changed its head office from one State to another; (c) the manner in which, and the qualifications of persons by whom, the accounts of registered Trade Unions or of any class of such Unions shall be audited; (d) the conditions subject to which inspection of documents kept by Registrars shall be allowed and the fees which 14 shall be chargeable in respect of such inspections; and (e) any matter which is to be or may be prescribed. 30. Publication of regulations. 30. Publication of regulations.-(1) The power to make regulations conferred by section 29 is subject to the condition of the regulations being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), as that after which a draft of regulations proposed to be made will be taken into consideration shall not be less than three months from the date on which the draft of the proposed regulations was published for general information. --------------------------------------------------------------------- 1. The words "Subject to the control of the G. G. in C." omitted by the A. O. 1937. 2. Subs., ibid., for "L. G.". 65 (3) Regulations so made shall be published in the Official Gazette, and on such publication shall have effect as if enacted in this Act. CHAP PENALTIES AND PROCEDURE CHAPTER V PENALTIES AND PROCEDURE 31. Failure to submit returns. 31. Failure to submit returns.-(1) If default is made on the part of any registered Trade Union in giving any notice or sending any statement or other document as required by or under any provision of this Act, every 1[office- bearer] or other person bound by the rules of the Trade Union to give or send the same, or, if there is no such 1*[office-bearer] or person every member of the executive of the Trade Union, shall be punishable, with fine which may extend to five rupees and, in the case of a continuing default, with an additional fine which may extend to five rupees for each week after the first during which the default continues: Provided that the aggregate fine shall not exceed fifty rupees. (2) Any person who wilfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by section 28, or in or from any copy of rules or of alterations of rules sent to the Registrar under that section, shall be punishable with fine which may extend to five hundred rupees. 32. Supplying false information regarding Trade Unions. 32. Supplying false information regarding Trade Unions.- Any 15 person who, with intent to deceive, gives to any member of a registered Trade Union or to any person intending or applying to become a member of such Trade Union any document purporting to be a copy of the rules of the Trade Union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of an unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Union, shall be punishable with fine which may extend to two hundred rupees. 33. Congnizance of offences. 33. Congnizance of offences.- (1) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act. (2) No Court shall take cognizance of any offence under this Act, unless complaint thereof has been made by, or with the previous sanction of, the Registrar or, in the case of an offence under section 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed. --------------------------------------------------------------------- 1. Subs. by Act 38 of 1964 s. 2, for "officer" (w.e.f. 1-4-1965).
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 ACT NO. 43 OF 2005 [13th September , 2005.] An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty -sixth Year of th e Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Protection of Women from Domestic Violence Act, 2005. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions. In this Act, unless the context otherwise requires, (a) aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; (b) child means any person below the age of eighteen years and includes any adopted, step or foster child; (c) compensation order means an order granted in terms of section 22; (d) custody order means an order granted in t erms of section 21; (e) domestic incident report means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person; (f) domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family; (g) domestic violence has the same meaning as assigned to it in section 3; (h) dowry shall have the same meaning as assigned to it in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961); (i) Magistrate means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973(2 of 1974) in the area where the aggrieved person resides temporarily or ot herwise or the respondent resides or the domestic violence is alleged to have taken place; (j) medical facility means such facility as may be notified by the State Government to be a medical facility for the purposes of this Act; (k) monetary relief means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieve d person as a result of the domestic violence; (l) notification means a notification published in the Official Gazette and the expression notified shall be construed accordingly; (m) prescribed means prescribed by rules made under this Act; 1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10-2019). 2. 26th October, 2006, vide notification No . S.O. 1776(E), dated by 17th October, 2006, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 (n) Protection Officer means an officer appointed by the State Government under sub-section (1) of section 8; (o) protection order means an order made in terms of section 18; (p) residence order means an order granted in terms of sub -section ( 1) of section 19; (q) respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner; (r) service provider means an entity registered under sub -section ( 1) of section 10; (s) shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a house hold whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household; (t) shelter home means any shelter home as may be notified by the St ate Government to be as helter home for the purposes of this Act. CHAPTER II DOMESTIC VIOLENCE 3. Definition of domestic violence. For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitut e domestic violence in case it (a) harms or injures or endangers the health, safety, life, limb or well -being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause ( a) or clause ( b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.For the purposes of this section, (i) physical abuse means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) verba l and emotional abuse includes (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested; (iv) economic abuse include s (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited 5 to, house hold necessities for the aggriev ed person and her children, if any, stridhan , property, jointly or separately owned by the aggrieved person, payment of rental related to the shared house hold and maintenance; (b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her chi ldren or her stridhan or any other property jointly or separately held by the aggrieved person; and (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domest ic relationship including access to the shared household. Explanation II.For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes domestic violence under this section, the overall facts and circumstan ces of the case shall be taken into consideration. CHAPTER III POWERS AND DUTIES OF PROTECTION OFFICERS , SERVICE PROVIDERS, ETC. 4. Information to Protection Officer and exclu sion of liability of informant .(1) Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer. (2) No liability, civil or criminal, shall be incurred by any person for giving in good faith of information fo r the purpose of sub -section ( 1). 5. Duties of police officers, service providers and Magistrate .A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, sh all inform the aggrieved person (a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act; (b) of the availability of services of service providers; (c) of the availability of services of the Protection Officers; (d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987); (e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860),wherever relevant: Provided that noth ing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence. 6. Duties of shelter homes. If an aggrieved person or on her behalf a Protection Officer or a service provider requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide shelter to the aggrieved person in the shelt er home. 7. Duties of medical facilities. If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the person in charge of a medical facility to provide any medical aid to her, such person in charge of the medical facili ty shall provide medical aid to the aggrieved person in the medical facility. 8. Appo intment of Protection Officers. (1) The State Government shall, by notification, appoint such number of Protection Officers in each district as it may consider necessary and shall also notify the area or areas within which a Protection Officer shall exercise the powers and perform the duties conferred on him by or under this Act. 6 (2) The Protection Officers shall as far as possible be women and shall possess such qualifica tions and experience as may be prescribed. (3) The terms and conditions of service of the Protection Officer and the other officers subordinate to him shall be such as may be prescribed. 9. Duties and fu nctions of Protection Officers .(1) It shall be the duty of the Protection Officer (a) to assist the Magistrate in the discharge of his functions under this Act; (b) to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area; (c) to make an a pplication in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order; (d) to ensure that the aggrieved person is provided legal aid under the Legal Service s Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to be made; (e) to maintain a list of all service providers providing legal aid or counsel ling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate; (f) to make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the police station and the Magistrat e having jurisdiction in the area where the shelter home is situated; (g) to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdic tion in the area where the domestic violence is alleged to have been taken place; (h) to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974); (i) to perform such other duties as may be prescribed. (2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by , or under, this Act. 10. Service providers. (1) Subject to such rules as may be made in this behalf, any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Governme nt as a service provider for the purposes of this Act. (2) A service provider registered under sub -section (1) shall have the power to (a) record the domestic incident report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the area where the domestic violence took place; (b) get the aggrieved person medically examined and forward a copy of the medical repot to the Protection Officer and the police st ation within the local limits of which the domestic violence took place; (c) ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and forward a report of the lodging of the aggrieved person in the shelter home to the p olice station within the local limits of which the domestic violence took place. (3) No suit, prosecution or other legal proceeding shall lie against any service provider or any member of the service provider who is, or who is deemed to be, acting or purpo rting to act under this Act, for anything which is in good faith done or intended to be done in the exercise of powers or dis
rting to act under this Act, for anything which is in good faith done or intended to be done in the exercise of powers or discharge of functions under this Act towards the prevention of the commission of domestic violence. 7 11. Duties of Government .The Cen tral Government and every State Government, shall take all measures to ensure that (a) the provisions of this Act are given wide publicity through public media including the television, radio and the print media at regular intervals; (b) the Central Government and State Government officers including the police officers and the members of the judicial services are given periodic sensitization and awareness training on the issues addressed by this Act; (c) effective co -ordination between the se rvices provided by concerned Ministries and Departments dealing with law, home affairs including law and order, health and human resources to address issues of domestic violence is established and periodical review of the same is conducted; (d) protocols f or the various Ministries concerned with the delivery of services to women under this Act including the courts are prepared and put in place. CHAPTER IV PROCEDURE FOR OBTAININGORDERS OF RELIEFS 12. Application to Magistrate. (1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. (2) The relief sought for under sub -section ( 1) may include a relief for issuance of an order for payment of compensation or damages without prejud ice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything co ntained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off. (3) Every application under sub -section ( 1) shall be in such form and contain suc h particulars as may be prescribed or as nearly as possible thereto. (4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. (5) The Magistrate shall Endeavour to dispose of every application made under sub -section ( 1) within a period of sixty days from the date of its first hearing. 13. Service of notice. (1) A notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the Protection Officer, who shall get it served by such means as may be prescribed on the respondent, and on any other person, as directed by the Magistrate within a maximum period of two days or such further reasonable time as may be allowed by the Magistrat e from the date of its receipt. (2) A declaration of service of notice made by the Protection Officer in such form as may be prescribed shall be the proof that such notice was served upon the respondent and on any other person as directed by the Magistrate unless the contrary is proved. 14. Counse lling.(1) The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider who possess such qualifications and experience in counselling as may be prescribed. (2) Where the Magistrate has issued any direction under sub -section ( 1), he shall fix the next date of hearing of the case within a period not exceeding two month s. 8 15. Assistance of welfare expert .In any proceeding under this Act, the Magistrate may secure the services of such person, preferably a woman, whether related to the aggrieved person or not, including a person engaged in promoting family welfare as he t hinks fit, for the purpose of assisting him in discharging his functions. 16. Pr oceedings to be held in camera. If the Magistrate considers that the circumstances of the case so warrant, and if either party to the proceedings so desires, he may conduct the proceedings under this Act in camera . 17. Right t o reside in a shared household. (1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. (2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with th e procedure established by law. 18. Protection orders. The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection o rder in favo ur of the aggrieved person a nd prohibit the respondent from (a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person; (d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact; (e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic vi olence; (g) committing any other act as spe cified in the protection order. 19. Residence orders. (1) While disposing of an application under sub -section ( 1) of section12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides; (d) restraining the respondent from a lienating or disposing off the shared household or encumbering the same; (e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or (f) directing the respondent to secure same level of alte rnate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause ( b) shall be passed against any person who is a woman. 9 (2) The Magist rate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person. (3) The Magistrate may require from the resp ondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. (4) An order under sub -section ( 3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be de alt with accordingly. (5) While passing an order under sub -section ( 1), sub -section ( 2) or sub -section ( 3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order. (6) While making an order under sub -section ( 1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties. (7) The Magistrate may direct the officer in -charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order. (8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to. 20. Monetary reliefs .(1) While disposing of an application under sub -section (1) of section 12,the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief m ay in clude, but not limited to, (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force. (2) The monetary relief granted under this sect ion shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed. (3) The Magistra te shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require. (4) The Magistrate shall send a copy of the order for monetary relief made under sub -section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides. (5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub -section ( 1). (6) Upon the failure on the part of the respondent to make payment in ter ms of the order under sub-section ( 1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent. 21. Custody orders. Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hear ing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: 10 Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate sh all refuse to allow such visit. 22. Compensatio n orders .In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental tort ure and emotional distress, caused by the acts of domestic violenc e committed by that respondent. 23. Power to grant interim and ex parte orders .(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just a nd proper. (2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence , he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section18, section 19, section 20, section 21 or, as the case may be, sec tion 22 against the respondent. 24. Court to give copies of order free of cost. The Magistrate shall, in all cases where he has passed any order under this Act, order that a copy of such order, shall be given free of cost, to the parties to the application, the police officer in -charge of the police stati on in the jurisdiction of which the Magistrate has been approached, and any service provider located within the local limits of the jurisdiction of the court and if any service provider has registered a domestic incident report, to that service provider. 25. Duration and alteration of orders .(1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge. (2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisf ied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. 26. Relief in oth er suits and lega l proceedings .(1) Any relief available under sections 18, 19,20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act. (2) Any relief referred to in sub -section ( 1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court. (3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief . 27. Jurisdiction .(1) The court of Judicial Ma gistrate of the first class or the Metropolitan Magistrate, as the case may be, w ithin the local limits of which (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business
resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act. (2) Any order made under this Act shall be enforceable throughout India. 28. Procedure .(1) Save as otherwise provided in this Act, all proceedings under sections 12,18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). (2) Nothing in sub -section ( 1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section ( 2) of section 23. 11 29. Appeal. There shall lie an appeal to the Court of Session within thirty days f rom the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. CHAPTER V MISCELLANEOUS 30. Protection Officers and members of service p roviders to be public servants .The Protection Officers and members of service providers, while acting or purporting to act in pursuance of any of the provisions of this Act or any rules or orders made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 31. Penalty for breach of protection order by respondent. (1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. (2) The offence under sub -section ( 1) shall as far as practicable be tried by the Magistrate who had passed the order, the br each of which has been alleged to have been caused by the accused. (3) While framing charges under sub -section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions. 32. Cognizance and proof .(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), t he offence under sub -section ( 1) of section 31 shall be cognizable and non-bailable. (2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section ( 1) of section 31 has been committed by the accused. 33. Penalty for not discharg ing duty by Protection Officer. If any Protection Officer fails or refuses to discharge his duties as directed by the Magistrate in the protection order without any sufficient cause, he shall be punished with imprisonme nt of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. 34. Cognizance of offence c ommitted by Protection Officer .No prosecution or other legal proceeding shall lie against the Protection Officer unless a complaint is filed with the previous sanction of the State Government or an officer authorised by it in this behalf. 35. Protection of action taken in good faith .No suit, prosecution or other legal proceeding shall lie agai nst the Protection Officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. 36. Act not in derogation of any other law. The provisions of this A ct shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. 37. Power of Ce ntral Government to make rules. (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the qualifications and experience which a Protection Officer shall possess under sub-section (2) of section 8; (b) the terms and conditions of service of the Protection Officers and the other officers subordinate to him, under sub -section ( 3) of section 8; (c) the form and manner in which a domestic incident re port may be made under clause ( b) of sub-section ( 1) of section 9; (d) the form and the manner in which an application for protection order may be made to the Magistrate under clause ( c) of sub -section ( 1) of section 9; 12 (e) the form in which a complaint is to be filed under clause ( d) of sub-section ( 1) of section 9; (f) the other duties to be performed by the Protection Officer under clause ( i) of sub -section ( 1) of section 9; (g) the rules regulating registration of service providers under sub -section ( 1) of section 10; (h) the form in which an application under sub -section ( 1) of section 12 seeking reliefs under this Act may be made and the particulars which such application shall contain under sub -section (3) of that section; (i) the means of serving not ices under sub -section ( 1) of section 13; (j) the form of declaration of service of notice to be made by the Protection Officer under sub-section (2) of section 13; (k) the qualifications and experience in counselling which a member of the service provider shall possess under sub -section ( 1) of section 14; (l) the form in which an affidavit may be filed by the aggrieved person under sub -section ( 2) of section 23; (m) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, befo re the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
THE ENVIRONMENT (PROTECTION) ACT, 1986 ACT NO. 29 OF1986 [23rd May , 1986. ] An Act to provide for the protection and improvement of environment and for matters connected therewith . WHEREAS decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; ANDWHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property; BE it enacted by Parliament in the Thirty -seventh Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be called the Environment (Protection) Act, 1986. (2) It extends to the whole of Indi a. (3) It shall come into force on such date1 as the Central Governme nt may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas. 2. Definitions .In this Act, unless the context otherwise requires, (a) environment includes water, air and land and the inter -relationship which exists among and between water, air and land, and human being s, other living creatures, plants, micro -organism and property; (b) environmental pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) environmental pollution means the presence in the environment of any environmental pollutant; (d) handling, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation , use, collection, destruction, conversion, offering for sale, transfer or the like of such substance; (e) hazardous substance means any substance or preparation which, by reason of its chemical or physico -chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro -organism, property or the environment; (f) occupier, in relati on to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes , in relation to any substance , the person in possession of the substance; (g) prescribed means prescribed by rules made under this Act. 1. 19thNovember , 1986, vide notificat ion No. G.S.R .1198 (E), dated 12thNovember , 1986, see Gazette of Indi a, Extraordinary, Part II, sec. 3 (i). 3 CHAPTER II GENERAL POWERS OF THE CENTRAL GOVERNMENT 3. Power of Central Government to take measures to protect and improve environment .(1) Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. (2) In particular, and without pre judice to the generality of the provisions of sub -section ( 1), such measures may include measures with respect to all or any of the following matters, namely: (i) co-ordination of actions by the State Governments, officers and other authorities (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation -wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or p rocesses or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and reme dial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such di rections to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out t he functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessa ry or expedient for the purpose of securing the effective implementation of the provisions of this Act. 4 (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for th e purpose of exercising and performing such of the powers and functions (including the power to issue directions under s ection 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub -sectio n (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned i n the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. 4. Appointment of officers and their powers and functions .(1) Without prejudice to the provisions of sub-section ( 3) of s ection 3, the Central Government may appoint officers with such designations as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. (2) The officers appo inted under sub -section ( 1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub -section ( 3) of s ection 3 or of any other authority or officer. 5. Power to give directions .Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, iss ue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. Explanation .For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct (a) the closu re, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service. 1[5A. Appeal to National Green Tribunal .Any person aggrieved by any directions issues under section 5, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.] 6. Rules to regulate environmental pollution .(1) The Central Governme nt may, by notification in the O fficial Gazette, make rules in respect of all or any of the matters referred to in section 3. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum all owable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restriction s on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environm ental pollution and for providing for remedial measures for such accidents. CHAPTER III PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTION 7. Persons carrying on industry, operation , etc., not to allow emission or discharge of environmental pollutants in excess of the standards .No person carrying on any industry, operation 1. Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010). 5 or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess or such standards as may be prescribed. 8. Persons handling hazardous substances to comply with procedural safeguards .No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with s uch safeguards as may be prescribed. 9. Furnishing of information to authorities and agencies in certain cases .(1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such disc harge and shall also forthwith (a) intimate the fact of such occurrence or apprehension of such occurrence; and (b) be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed. (2) On receipt of information with respect to the fact or apprehension of any occurrence of the nature referred to in sub -section ( 1), whether through intimation under that sub -section or otherwise, the authorities or agencies referred to in sub -section ( 1) shall , as early as practicable, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution. (3) The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub -section ( 2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of l and revenue or of public demand. 10. Powers of entry and inspection .(1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place (a) for the purpose of performing any of the functions of the Central Government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with; (c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence u nder this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution. (2) Every person carrying on any industry, operation or process or h andling any hazardo us substance shall be bound to render all assistance to the person empowered by the Central Government under sub - section ( 1) for carrying out the functions under that sub -section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act. (3) If any person wilfully delays or obstructs any person empowered by the Central Government under sub -section ( 1) in the performance of his functions, he shall be guilty of an offence under this Act. (4) the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of Jammu and Kashmir , or any area in which that Code is not in force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the autho rity of a warrant issued under s ection 94 of the said Code or, as the case may be, under the corresponding provision of the said law. . 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. 6 11. Power to take sample and procedure to be followed in connection therewith .(1) The Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed. (2) The r esult of any analysis of a sample taken under sub -section ( 1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub -sections ( 3) and ( 4) are complied with. (3) Subject to the provisions of sub -section ( 4), the person taki ng the sampl e under sub -section ( 1) shall, (a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of the occupier or his agent or person, collect a sample for analysis;
it so analysed; (b) in the presence of the occupier or his agent or person, collect a sample for analysis; (c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person; (d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12. (4) When a sample is taken for analysis under sub -section ( 1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause ( a) of sub -section ( 3), then, (a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a conta iner or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed contain er or containers of the sample as required under clause (c) of sub -section ( 3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised under section 12 and such person sha ll inform the Government Analys t appointed or recognised under section 13 in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers. 12. Environmental laboratories .(1) The Central Government may, by notific ation in the Official Gazette, (a) establish one or more environmental laboratories; (b) recognise one or more laboratories or institutes as environmental laboratories to ca rry out the functions entrusted to an environmental laboratory under this Act. (2) The Central Governmen t may, by notification in the Official Gazette, make rules specifying (a) the functions of the environmental laboratory; (b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions. 13. Government Analysts .The Central Government may , by notification in the O fficial Gazette, appoint or recognise such persons as it thinks fit and having the prescribed qualifications to b e 7 Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to a ny environmental laboratory established or recognised under sub -section ( 1) of s ection 12. 14. Reports of Government Analysts .Any document purporting to be a report signed by a Government A nalyst may be used as evidence of the facts stated therein in any proceeding under this Act. 15. Penalty for contravention of the provisions of the Act and the rules, orders and directions . (1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continue s, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub -section ( 1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years. 16. Offences by companies .(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and sh all be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledg e or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offen ce and shall be liable to be proceeded against and punished accordingly. Explanation .For the purposes of th is section, (a) company means any body corporate , and includes a firm or other association of individuals; and (b) director, in relation to a firm, means a partner in the firm. 17. Offences by Government Departments .(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordin gly. 8 CHAPTER IV MISCELLANEOUS 18. Protection of action taken in good faith .No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder. 19. Cognizance of offences .No court shall take cognizance of any offence under this Act except on a complaint made by, (a) the Central Government or any authority or officer authorised in this behalf by that Government; or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid. 20. Information, report s or returns .The Central Government may, in relation to its functions under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statist ics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so. 21. Members, officers and employees of t he authority constituted under s ection 3 to be public servants .All the members of the authori ty, constituted, if any, under s ection 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any pr ovisions of this Act or the rul es made or orders or directions issued thereunder shall be deemed t o be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860). 22. Bar of jurisdiction .No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act. 23. Power to delegate .Without prejudice to the provisions of sub -section ( 3) of s ection 3, the Central Governme nt may, by notification in the O fficial Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act [except the power to constitute an authority under sub -section ( 3) of s ection 3 and to make rules under s ection 25] as it may deem necessary or expedient, to any officer, State Government or other authority. 24. Effect of other laws .(1) Subject to the provisions of sub -section ( 2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. (2) Where any act or omission constitutes an offence punishable under this Act and also under a ny other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act. 25. Power to make rules .(1) The Central Government may, by notification in the O fficial Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under s ection 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; 9 (c) the autho rities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered und er sub -section ( 1) of s ection 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub -section ( 1) of section 11; (e) the form in which notice of intention to have a sample analysed shal l be se rved underclause (a) of sub -section ( 3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub -section ( 2) of s ection 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under s ection 13; (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause ( b) of s ection 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other inform ation shall be furnished under s ection 20; (j) any other matter which is required to be, or may be, prescribed. 26. Rules made under this Act to be laid before Parliament .Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, befo re the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 NO. 2 OF 2016 [31st December , 2015.] An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudicationand disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto. WHEREAS , the provisions of the Constitution confer powers and impose duties, under clause (3) of article 15, clauses ( e) and ( f) of article 39, article 45 and article 47, on the State to ensure that all the needs of children are met and that their basic human rights are fullyprotected; A ND WHEREAS , the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of UnitedNations, which has prescribed a set of standards to be adhered to by all State parties insecuring the best interest of the child;jftLVh la Mh ,y (,u)04@0007@2003 16 vlk/kkj.k EXTRAORDINARY Hkkx II [k.M 1 PART II Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY la 2] ubZ fnYyh] 'kq okj] tuojh 1] 2016@ikS"k 11] 1937 'kd No. 2] NEW DELHI, FRIDAY, JANUARY 1, 2016/PAUSHA 11, 1937 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL(N)04/0007/200316 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 1st January, 2016/ Pausha 11, 1937 ( Saka ) The following Act of Parliament received the assent of the President on the 31st December, 2015, and is hereby published for general information: 2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II AND WHEREAS , it is expedient to re-enact the Juvenile Justice (Care and Protection of Children) Act, 2000 to make comprehensive provisions for children alleged and found to bein conflict with law and children in need of care and protection, taking into considerationthe standards prescribed in the Convention on the Rights of the Child, the United NationsStandard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules),the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990),the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (1993), and other related international instruments. B E it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. (1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2015. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all matters concerning children in need of care andprotection and children in conflict with law, including (i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law; (ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and restoration of children in need of care and protection. 2. In this Act, unless the context otherwise requires, (1) abandoned child means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the Committee afterdue inquiry; (2) adoption means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptiveparents with all the rights, privileges and responsibilities that are attached to a biologicalchild; (3) adoption regulations means the regulations framed by the Authority and notified by the Central Government in respect of adoption; (4) administrator means any district official not below the rank of Deputy Secretary to the State, on whom magisterial powers have been conferred; (5) aftercare means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed theage of twenty-one years, and have left any institutional care to join the mainstream ofthe society; (6) authorised foreign adoption agency means a foreign social or child welfare agency that is authorised by the Central Adoption Resource Authority on therecommendation of their Central Authority or Government department of that countryfor sponsoring the application of non-resident Indian or overseas citizen of India orpersons of Indian origin or foreign prospective adoptive parents for adoption of achild from India; (7) Authority means the Central Adoption Resource Authority constituted under section 68;Short title,extent,commencementandapplication. Definitions.56 of 2000. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 (8) begging means (i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, under any pretence; (ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any otherperson or of an animal; (9) best interest of child means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being andphysical, emotional and intellectual development; (10) Board means a Juvenile Justice Board constituted under section 4; (11) Central Authority means the Government department recognised as such under the Hague Convention on Protection of Children and Cooperation inInter-country Adoption (1993); (12) child means a person who has not completed eighteen years of age; (13) child in conflict with law means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date ofcommission of such offence; (14) child in need of care and protection means a child (i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or (ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or (iii) who resides with a person (whether a guardian of the child or not) and such person (a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protectionof child; or (b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or (c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question beingkilled, abused, exploited or neglected by that person; or (iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after orhaving parents or guardians unfit to take care, if found so by the Board or theCommittee; or (v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protectthe safety and well-being of the child; or (vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or (vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or (viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or (ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or 4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (x) who is being or is likely to be abused for unconscionable gains; or (xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or (xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likelyto be responsible for solemnisation of such marriage; (15) child friendly means any behaviour, conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of thechild; (16) child legally free for adoption means a child declared as such by the Committee after making due inquiry under section 38; (17) Child Welfare Officer means an officer attached to a Childrens Home, for carrying out the directions given by the Committee or, as the case may be, the Boardwith such responsibility as may be prescribed; (18) Child Welfare Police Officer means an officer designated as such under sub-section ( 1) of section 107; (19) Childrens Home means a Childrens Home, established or maintained, in every district or group of districts, by the State Government, either by itself, or througha voluntary or non-governmental organisation, and is registered as such for thepurposes specified in section 50; (20) Childrens Court means a court established under the Commissions for Protection of Child Rights Act, 2005 or a Special Court under the Protection of Childrenfrom Sexual Offences Act, 2012, wherever existing and where such courts have notbeen designated, the Court of Sessions having jurisdiction to try offences under theAct; (21) child care institution means Children Home, open shelter, observation home, special home, place of safety, Specialised Adoption Agency and a fit facilityrecognised under this Act for providing care and protection to children, who are inneed of such services; (22) Committee means Child Welfare Committee constituted under section 27; (23) court means a civil court, which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court and City CivilCourts; (24) corporal punishment means the subjecting of a child by any person to physical punishment that involves the deliberate infliction of pain as retribution for anoffence, or for the purpose of disciplining or reforming the child; (25) childline services means a twenty-four hours emergency outreach service for children in crisis which links them to emergency or long-term care and rehabilitationservice; (26) District Child Protection Unit means a Child Protection Unit for a District, established by the State Government under section 106, which is the focal point toensure the implementation of this Act and other child protection measures in thedistrict; (27) fit facility means a facility being run by a governmental organisation or a registered voluntary or non-governmental organisation, prepared to temporarily ownthe responsibility of a particular child for a specific purpose, and such facility isrecognised as fit for the said purpose, by the Committee, as the case may be, or theBoard, under sub-section ( 1) of section 51;4 of 2006. 32 of 2012. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 (28) fit person means any person, prepared to own the responsibility of a child, for a specific purpose, and such person is identified after inquiry made in thisbehalf and recognised as fit for the said purpose, by the Committee or, as the case maybe, the Board, to receive and take care of the child; (29) foster care means placement of a child, by the Committee for the purpose of alternate care in the domestic environment of a family, other than the childs biologicalfamily, that has been selected, qualified, approved and supervised for providing suchcare; (30) foster family means a family found suitable by the District Child Protection Unit to keep children in foster care under section 44; (31) guardian in relation to a child, means his natural guardian or any other person having, in the opinion of the Committee or, as the case may be, the Board, theactual charge of the child, and recognised by the Committee or, as the case may be, theBoard as a guardian in the course of proceedings; (32) group foster care means a family like care facility for children in need of care and protection who are without parental care, aiming on providing personalisedcare and fostering a sense of belonging and identity, through family like and communitybased solutions; (33) heinous offences includes the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonmentfor seven years or more; (34) inter-country adoption means adoption of a child from India by non- resident Indian or by a person of Indian origin or by a foreigner; (35) juvenile means a child below the age of eighteen years; (36) narcotic drug and psychotropic substance shall have the meanings, respectively, assigned to them in the Narcotic Drugs and Psychotropic SubstancesAct, 1985; (37) no objection certificate for inter-country adoption means a certificate issued by the Central Adoption Resource Authority for the said purpose; (38) non-resident Indian means a person who holds an Indian passport and is presently residing abroad for more than one year; (39) notification means the notification published in the Official Gazette of India, or as the case may be, in the Gazette of a State, and the expression notify shallbe construed accordingly; (40) observation home means an observation home established and maintained in every district or group of districts by a State Government, either by itself, or througha voluntary or non-governmental organisation, and is registered as such, for thepurposes specified in sub-section ( 1) of section 47; (41) open shelter means a facility for children, established and maintained by the State Government, either by itself, or through a voluntary or non-governmentalorganisation under sub-section ( 1) of section 43, and registered as such, for the purposes specified in that section; (42) orphan means a child (i) who is without biological or adoptive parents or legal guardian; or (ii) whose legal guardian is not willing to take, or capable of taking care of the child;45 of 1860. 61 of 1985. 6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (43) overseas citizen of India means a person registered as such under the Citizenship Act, 1955; (44) person of Indian origin means a person, any of whose lineal ancestors is or was an Indian national, and who is presently holding a Person of Indian Origin Card
Indian origin means a person, any of whose lineal ancestors is or was an Indian national, and who is presently holding a Person of Indian Origin Cardissued by the Central Government; (45) petty offences includes the offences for which the maximum punishment under the Indian Penal Code or any other law for the time being in force is imprisonmentup to three years; (46) place of safety means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, asthe case may be, the person in-charge of which is willing to receive and take care of thechildren alleged or found to be in conflict with law, by an order of the Board or theChildrens Court, both during inquiry and ongoing rehabilitation after having beenfound guilty for a period and purpose as specified in the order; (47) prescribed means prescribed by rules made under this Act; (48) probation officer means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 or the Legal-cum-Probation Officer appointed by the State Government under District Child ProtectionUnit; (49) prospective adoptive parents means a person or persons eligible to adopt a child as per the provisions of section 57; (50) public place shall have the same meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956; (51) registered, with reference to child care institutions or agencies or facilities managed by the State Government, or a voluntary or non-governmental organisation,means observation homes, special homes, place of safety, childrens homes, openshelters or Specialised Adoption Agency or fit facility or any other institution that maycome up in response to a particular need or agencies or facilities authorised andregistered under section 41, for providing residential care to children, on a short-termor long-term basis; (52) relative, in relation to a child for the purpose of adoption under this Act, means a paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent ormaternal grandparent; (53) State Agency means the State Adoption Resource Agency set up by the State Government for dealing with adoption and related matters under section 67; (54) serious offences includes the offences for which the punishment under the Indian Penal Code or any other law for the time being in force, is imprisonmentbetween three to seven years; (55) special juvenile police unit means a unit of the police force of a district or city or, as the case may be, any other police unit like railway police, dealing withchildren and designated as such for handling children under section 107; (56) special home means an institution established by a State Government or by a voluntary or non-governmental organisation, registered under section 48, forhousing and providing rehabilitative services to children in conflict with law, who arefound, through inquiry, to have committed an offence and are sent to such institutionby an order of the Board; (57) Specialised Adoption Agency means an institution established by the State Government or by a voluntary or non-governmental organisation and recognised57 of 1955. 20 of 1958. 104 of 1956. 45 of 1860.45 of 1860. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 under section 65, for housing orphans, abandoned and surrendered children, placed there by order of the Committee, for the purpose of adoption; (58) sponsorship means provision of supplementary support, financial or otherwise, to the families to meet the medical, educational and developmental needs ofthe child; (59) State Government, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; (60) surrendered child means a child, who is relinquished by the parent or guardian to the Committee, on account of physical, emotional and social factors beyondtheir control, and declared as such by the Committee; (61) all words and expressions used but not defined in this Act and defined in other Acts shall have the meanings respectively assigned to them in those Acts. CHAPTER II G ENERAL PRINCIPLES OF CARE AND PROTECTION OF CHILDREN 3. The Central Government, the State Governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by thefollowing fundamental principles, namely: (i) Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years. (ii) Principle of dignity and worth : All human beings shall be treated with equal dignity and rights. (iii) Principle of participation : Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the childs viewsshall be taken into consideration with due regard to the age and maturity of the child. (iv) Principle of best interest : All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help thechild to develop full potential. (v) Principle of family responsibility : The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or fosterparents, as the case may be. (vi) Principle of safety: All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with thecare and protection system, and thereafter. (vii) Positive measures : All resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identityand providing an inclusive and enabling environment, to reduce vulnerabilities ofchildren and the need for intervention under this Act. (viii) Principle of non-stigmatising semantics : Adversarial or accusatory words are not to be used in the processes pertaining to a child. (ix) Principle of non-waiver of rights : No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on behalf of thechild, or a Board or a Committee and any non-exercise of a fundamental right shall notamount to waiver. (x) Principle of equality and non-discrimination : There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place ofbirth, disability and equality of access, opportunity and treatment shall be provided toevery child.Generalprinciples tobe followed inadministrationof Act. 8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (xi) Principle of right to privacy and confidentiality : Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout thejudicial process. (xii) Principle of institutionalisation as a measure of last resort: A child shall be placed in institutional care as a step of last resort after making a reasonable inquiry. (xiii) Principle of repatriation and restoration : Every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to berestored to the same socio-economic and cultural status that he was in, before comingunder the purview of this Act, unless such restoration and repatriation is not in hisbest interest. (xiv) Principle of fresh start : All past records of any child under the Juvenile Justice system should be erased except in special circumstances. (xv) Principle of diversion : Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the bestinterest of the child or the society as a whole. (xvi) Principles of natural justice : Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right toreview, by all persons or bodies, acting in a judicial capacity under this Act. CHAPTER III J UVENILE JUSTICE BOARD 4. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government shall, constitute for every district, one or more Juvenile JusticeBoards for exercising the powers and discharging its functions relating to children in conflictwith law under this Act. (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafterreferred to as Principal Magistrate) with at least three years experience and two socialworkers selected in such manner as may be prescribed, of whom at least one shall be awoman, forming a Bench and every such Bench shall have the powers conferred by theCode of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be, aJudicial Magistrate of First Class. (3) No social worker shall be appointed as a member of the Board unless such person has been actively involved in health, education, or welfare activities pertaining to childrenfor atleast seven years or a practicing professional with a degree in child psychology,psychiatry, sociology or law. (4) No person shall be eligible for selection as a member of the Board, if he (i) has any past record of violation of human rights or child rights; (ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect ofsuch offence; (iii) has been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the CentralGovernment or a State Government; (iv) has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act. (5) The State Government shall ensure that induction training and sensitisation of all members including Principal Magistrate of the Board on care, protection, rehabilitation,legal provisions and justice for children, as may be prescribed, is provided within a periodof sixty days from the date of appointment.JuvenileJustice Board.2 of 1974. 2 of 1974. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9 (6) The term of office of the members of the Board and the manner in which such member may resign shall be such, as may be prescribed. (7) The appointment of any member of the Board, except the Principal Magistrate, may be terminated after holding an inquiry by the State Government, if he (i) has been found guilty of misuse of power vested under this Act; or (ii) fails to attend the proceedings of the Board consecutively for three months without any valid reason; or (iii) fails to attend less than three-fourths of the sittings in a year; or (iv) becomes ineligible under sub-section ( 4) during his term as a member. 5. Where an inquiry has been initiated in respect of any child under this Act, and during the course of such inquiry, the child completes the age of eighteen years, then,notwithstanding anything contained in this Act or in any other law for the time being inforce, the inquiry may be continued by the Board and orders may be passed in respect ofsuch person as if such person had continued to be a child. 6. (1) Any person, who has completed eighteen years of age, and is apprehended for committing an offence when he was below the age of eighteen years, then, such personshall, subject to the provisions of this section, be treated as a child during the process ofinquiry. (2) The person referred to in sub-section ( 1), if not released on bail by the Board shall be placed in a place of safety during the process of inquiry. (3) The person referred to in sub-section ( 1) shall be treated as per the procedure specified under the provisions of this Act. 7.(1) The Board shall meet at such times and shall observe such rules in regard to the transaction of business at its meetings, as may be prescribed and shall ensure that allprocedures are child friendly and that the venue is not intimidating to the child and does notresemble as regular courts. (2) A child in conflict with law may be produced before an individual member of the Board, when the Board is not in sitting. (3) A Board may act notwithstanding the absence of any member of the Board, and no order passed by the Board shall be invalid by the reason only of the absence of any memberduring any stage of proceedings: Provided that there shall be atleast two members including the Principal Magistrate present at the time of final disposal of the case or in making an order under sub-section ( 3) of section 18. (4) In the event of any difference of opinion among the members of the Board in the interim or final disposal, the opinion of the majority shall prevail, but where there is no suchmajority, the opinion of the Principal Magistrate, shall prevail. 8. (1) Notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, the Board constituted for any districtshall have the power to deal exclusively with all the proceedings under this Act, relating tochildren in conflict with law, in the area of jurisdiction of such Board. (2) The powers conferred on the Board by or under this Act may also be exercised by the High Court and the Childrens Court, when the proceedings come before them undersection 19 or in appeal, revision or otherwise. (3) The functions and responsibilities of the Board shall include (a) ensuring the informed participation of the child and the parent or guardian, in every step of the process;Placement ofperson, whocease to be achild duringprocess ofinquiry. Placement of persons, whocommitted anoffence, whenperson wasbelow the ageof eighteenyears. Procedure in relation toBoard. Powers, functions andresponsibilitiesof the Board. 10 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (b) ensuring that the childs rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation; (c) ensuring availability of legal aid for the child through the legal services institutions; (d) wherever necessary the Board shall provide an interpreter or translator, having such qualifications, experience, and on payment of such fees as may be prescribed, tothe child if he fails to understand the language used in the proceedings; (e) directing the Probation Officer, or in case a Probation Officer is not available to the Child Welfare Officer or a social worker, to undertake a social investigation intothe case and submit a social investigation report within a period of fifteen days fromthe date of first production before the Board to ascertain the circumstances in whichthe alleged offence was committed; (f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14; (g) transferring to the Committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, therebyrecognising that a child in conflict with law can also be a child in need of caresimultaneously and there is a need for the Committee and the Board to be both involved; (h) disposing of the matter and passing a final order that includes an individual care plan for the childs rehabilitation, including follow up by the Probation Officer orthe District Child Protection Unit or a member of a non-governmental organisation, asmay be required; (i) conducting inquiry for declaring fit persons regarding care of children in conflict with law; (j) conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality ofservices to the District Child Protection Unit and the State Government; (k) order the police for registration of first information report for offences committed against any child in conflict with law, under this Act or any other law for thetime being in force, on a complaint made in this regard; (l) order the police for
, under this Act or any other law for thetime being in force, on a complaint made in this regard; (l) order the police for registration of first information report for offences committed against any child in need of care and protection, under this Act or any otherlaw for the time being in force, on a written complaint by a Committee in this regard; (m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to theobservation home; and (n) any other function as may be prescribed. 9. (1) When a Magistrate, not empowered to exercise the powers of the Board under this Act is of the opinion that the person alleged to have committed the offence and broughtbefore him is a child, he shall, without any delay, record such opinion and forward the childimmediately along with the record of such proceedings to the Board having jurisdiction. (2) In case a person alleged to have committed an offence claims before a court other than a Board, that the person is a child or was a child on the date of commission of theoffence, or if the court itself is of the opinion that the person was a child on the date ofcommission of the offence, the said court shall make an inquiry, take such evidence as maybe necessary (but not an affidavit) to determine the age of such person, and shall record afinding on the matter, stating the age of the person as nearly as may be: Provided that such a claim may be raised before any court and it shall be recognised at any stage, even after final disposal of the case, and such a claim shall be determined inaccordance with the provisions contained in this Act and the rules made thereunder even ifthe person has ceased to be a child on or before the date of commencement of this Act. Procedure to befollowed by aMagistrate whohas not beenempoweredunder this Act. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 (3) If the court finds that a person has committed an offence and was a child on the date of commission of such offence, it shall forward the child to the Board for passingappropriate orders and the sentence, if any, passed by the court shall be deemed to have noeffect. (4) In case a person under this section is required to be kept in protective custody, while the persons claim of being a child is being inquired into, such person may be placed,in the intervening period in a place of safety. CHAPTER IV P ROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW 10. (1) As soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or thedesignated child welfare police officer, who shall produce the child before the Board withoutany loss of time but within a period of twenty-four hours of apprehending the child excludingthe time necessary for the journey, from the place where such child was apprehended: Provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail. (2) The State Government shall make rules consistent with this Act, (i) to provide for persons through whom (including registered voluntary or non- governmental organisations) any child alleged to be in conflict with law may beproduced before the Board; (ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home or place of safety, as the case may be. 11. Any person in whose charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the said child, as if the said person was the childsparent and responsible for the childs maintenance: Provided that the child shall continue in such persons charge for the period stated by the Board, notwithstanding that the said child is claimed by the parents or any otherperson except when the Board is of the opinion that the parent or any other person are fit toexercise charge over such child. 12.(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears orbrought before a Board, such person shall, notwithstanding anything contained in theCode of Criminal Procedure, 1973 or in any other law for the time being in force, be releasedon bail with or without surety or placed under the supervision of a probation officer orunder the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any knowncriminal or expose the said person to moral, physical or psychological danger or the personsrelease would defeat the ends of justice, and the Board shall record the reasons for denyingthe bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub- section ( 1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until theperson can be brought before a Board. (3) When such person is not released on bail under sub-section ( 1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case maybe, for such period during the pendency of the inquiry regarding the person, as may bespecified in the order.Apprehensionof childalleged to bein conflictwith law. Role of person inwhose chargechild inconflict withlaw is placed. Bail to a person who isapparently achild allegedto be inconflict withlaw.2 of 1974. 12 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board formodification of the conditions of bail. 13. (1) Where a child alleged to be in conflict with law is apprehended, the officer designated as Child Welfare Police Officer of the police station, or the special juvenilepolice unit to which such child is brought, shall, as soon as possible after apprehending thechild, inform (i) the parent or guardian of such child, if they can be found, and direct them to be present at the Board before which the child is produced; and (ii) the probation officer, or if no probation officer is available, a Child Welfare Officer, for preparation and submission within two weeks to the Board, a socialinvestigation report containing information regarding the antecedents and familybackground of the child and other material circumstances likely to be of assistance tothe Board for making the inquiry. (2) Where a child is released on bail, the probation officer or the Child Welfare Officer shall be informed by the Board. 14. (1) Where a child alleged to be in conflict with law is produced before Board, the Board shall hold an inquiry in accordance with the provisions of this Act and may passsuch orders in relation to such child as it deems fit under sections 17 and 18 of this Act. (2) The inquiry under this section shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended,for a maximum period of two more months by the Board, having regard to the circumstancesof the case and after recording the reasons in writing for such extension. (3) A preliminary assessment in case of heinous offences under section 15 shall be disposed of by the Board within a period of three months from the date of first productionof the child before the Board. (4) If inquiry by the Board under sub-section ( 2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated: Provided that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief JudicialMagistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to berecorded in writing. (5) The Board shall take the following steps to ensure fair and speedy inquiry, namely: (a) at the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by anyother person, including a lawyer or probation officer and take corrective steps in caseof such ill-treatment; (b) in all cases under the Act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom theproceedings have been instituted, is given child-friendly atmosphere during theproceedings; (c) every child brought before the Board shall be given the opportunity of being heard and participate in the inquiry; (d) cases of petty offences, shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure,1973; (e) inquiry of serious offences shall be disposed of by the Board, by following the procedure, for trial in summons cases under the Code of Criminal Procedure, 1973;Informationto parents,guardian orprobationofficer. Inquiry by Boardregardingchild inconflict withlaw. 2 of 1974. 2 of 1974. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13 (f) inquiry of heinous offences, (i) for child below the age of sixteen years as on the date of commission of an offence shall be disposed of by the Board under clause ( e); (ii) for child above the age of sixteen years as on the date of commission of an offence shall be dealt with in the manner prescribed under section 15. 15. (1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminaryassessment with regard to his mental and physical capacity to commit such offence, abilityto understand the consequences of the offence and the circumustances in which he allegedlycommitted the offence, and may pass an order in accordance with the provisions of sub-section ( 3) of section 18: Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts. Explanation. For the purposes of this section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of such child to commit and understandthe consequences of the alleged offence. (2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, fortrial in summons case under the Code of Criminal Procedure, 1973: Provided that the order of the Board to dispose of the matter shall be applealable under sub-section ( 2) of section 101: Provided further that the assessment under this section shall be completed within the period specified in section 14. 16. (1) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board once in every three months, and shall direct theBoard to increase the frequency of its sittings or may recommend the constitution of additionalBoards. (2) The number of cases pending before the Board, duration of such pendency, nature of pendency and reasons thereof shall be reviewed in every six months by a highlevel committee consisting of the Executive Chairperson of the State Legal ServicesAuthority, who shall be the Chairperson, the Home Secretary, the Secretary responsible forthe implementation of this Act in the State and a representative from a voluntary or non-governmental organisation to be nominated by the Chairperson. (3) The information of such pendency shall also be furnished by the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and the District Magistrateon quarterly basis in such form as may be prescribed by the State Government. 17. (1) Where a Board is satisfied on inquiry that the child brought before it has not committed any offence, then notwithstanding anything contrary contained in any other lawfor the time being in force, the Board shall pass order to that effect. (2) In case it appears to the Board that the child referred to in sub-section ( 1) is in need of care and protection, it may refer the child to the Committee with appropriatedirections. 18. (1) Where a Board is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years hascommitted a heinous offence, then, notwithstanding anything contrary contained in anyother law for the time being in force, and based on the nature of offence, specific need forPreliminaryassessmentinto heinousoffences byBoard. Review of pendency ofinquiry.2 of 1974. Orders regarding achild notfound to be inconflict withlaw. Orders regardingchild found tobe in conflictwith law. 14 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the Board may, if it so thinks fit, (a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian; (b) direct the child to participate in group counselling and similar activities; (c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identifiedby the Board; (d) order the child or parents or the guardian of the child to pay fine: Provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated; (e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fitperson executing a bond, with or without surety, as the Board may require, for thegood behaviour and childs well-being for any period not exceeding three years; (f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and childswell-being for any period not exceeding three years; (g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skilldevelopment, counselling, behaviour modification therapy, and psychiatric supportduring the period of stay in the special home: Provided that if the conduct and behaviour of the child has been such that, it would not be in the childs interest, or in the interest of other children housed in aspecial home, the Board may send such child to the place of safety. (2) If an order is passed under clauses ( a) to ( g) of sub-section ( 1), the Board may, in addition pass orders to (i) attend school; or (ii) attend a vocational training centre; or (iii) attend a therapeutic centre; or (iv) prohibit the child from visiting, frequenting or appearing at a specified place; or (v) undergo a de-addiction programme. (3) Where the Board after preliminary assessment under section 15 pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer of thetrial of the case to the Childrens Court having jurisdiction to try such offences. 19. (1) After the receipt of preliminary assessment from the Board under section 15, the Childrens Court may decide that (i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 and pass appropriate orders after trial subject to theprovisions of this section and section 21, considering the special needs of the child,the tenets of fair trial and maintaining a child friendly atmosphere; (ii) there is no
21, considering the special needs of the child,the tenets of fair trial and maintaining a child friendly atmosphere; (ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders in accordance with the provisions ofsection 18. Powers ofChildrensCourt. 2 of 1974. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15 (2) The Childrens Court shall ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of child, includingfollow up by the probation officer or the District Child Protection Unit or a social worker. (3) The Childrens Court shall ensure that the child who is found to be in conflict with law is sent to a place of safety till he attains the age of twenty-one years and thereafter, theperson shall be transferred to a jail: Provided that the reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, andpsychiatric support shall be provided to the child during the period of his stay in the placeof safety. (4) The Childrens Court shall ensure that there is a periodic follow up report every year by the probation officer or the District Child Protection Unit or a social worker, asrequired, to evaluate the progress of the child in the place of safety and to ensure that thereis no ill-treatment to the child in any form. (5) The reports under sub-section ( 4) shall be forwarded to the Childrens Court for record and follow up, as may be required. 20. (1) When the child in conflict with the law attains the age of twenty-one years and is yet to complete the term of stay, the Childrens Court shall provide for a follow up by theprobation officer or the District Child Protection Unit or a social worker or by itself, asrequired, to evaluate if such child has undergone reformative changes and if the child canbe a contributing member of the society and for this purpose the progress records of thechild under sub-section ( 4) of section 19, along with evaluation of relevant experts are to be taken into consideration. (2) After the completion of the procedure specified under sub-section ( 1), the Childrens Court may (i) decide to release the child on such conditions as it deems fit which includes appointment of a monitoring authority for the remainder of the prescribed term of stay; (ii) decide that the child shall complete the remainder of his term in a jail: Provided that each State Government shall maintain a list of monitoring authorities and monitoring procedures as may be prescribed. 21. No child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of thisAct or under the provisions of the Indian Penal Code or any other law for the time being inforce. 22. Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, or any preventive detention law for the time being in force, no proceedingshall be instituted and no order shall be passed against any child under Chapter VIII of thesaid Code. 23. (1) Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, 1973 or in any other law for the time being in force, there shall be no jointproceedings of a child alleged to be in conflict with law, with a person who is not a child. (2) If during the inquiry by the Board or by the Childrens Court, the person alleged to be in conflict with law is found that he is not a child, such person shall not be tried alongwith a child.Child attainedage oftwenty-oneyears and yetto completeprescribedterm of stayin place ofsafety. Order that may not bepassed againsta child inconflict withlaw. Proceeding under ChapterVIII of theCode ofCriminalProcedure notto applyagainst child. No joint proceedingsof child inconflict withlaw andperson not achild.45 of 1860. 2 of 1974. 2 of 1974. 16 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II 24. (1) Notwithstanding anything contained in any other law for the time being in force, a child who has committed an offence and has been dealt with under the provisionsof this Act shall not suffer disqualification, if any, attached to a conviction of an offenceunder such law: Provided that in case of a child who has completed or is above the age of sixteen years and is found to be in conflict with law by the Childrens Court under clause ( i) of sub-section ( 1) of section 19, the provisions of sub-section ( 1) shall not apply. (2) The Board shall make an order directing the Police, or by the Childrens court to its own registry that the relevant records of such conviction shall be destroyed after the expiry ofthe period of appeal or, as the case may be, a reasonable period as may be prescribed: Provided that in case of a heinous offence where the child is found to be in conflict with law under clause ( i) of sub-section ( 1) of section 19, the relevant records of conviction of such child shall be retained by the Childrens Court. 25. Notwithstanding anything contained in this Act, all proceedings in respect of a child alleged or found to be in conflict with law pending before any Board or court on thedate of commencement of this Act, shall be continued in that Board or court as if this Acthad not been enacted. 26. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, any police officer may take charge of a child in conflict with law who hasrun away from a special home or an observation home or a place of safety or from the careof a person or institution under whom the child was placed under this Act. (2) The child referred to in sub-section ( 1) shall be produced, within twenty-four hours, preferably before the Board which passed the original order in respect of that child,if possible, or to the nearest Board where the child is found. (3) The Board shall ascertain the reasons for the child having run away and pass appropriate orders for the child to be sent back either to the institution or person fromwhose custody the child had run away or any other similar place or person, as the Boardmay deem fit: Provided that the Board may also give additional directions regarding any special steps that may be deemed necessary, for the best interest of the child. (4) No additional proceeding shall be instituted in respect of such child. CHAPTER V C HILD WELFARE COMMITTEE 27. (1) The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and todischarge the duties conferred on such Committees in relation to children in need of careand protection under this Act and ensure that induction training and sensitisation of allmembers of the committee is provided within two months from the date of notification. (2) The Committee shall consist of a Chairperson, and four other members as the State Government may think fit to appoint, of whom atleast one shall be a woman and another, anexpert on the matters concerning children. (3) The District Child Protection Unit shall provide a Secretary and other staff that may be required for secretarial support to the Committee for its effective functioning. (4) No person shall be appointed as a member of the Committee unless such person has been actively involved in health, education or welfare activities pertaining to childrenfor atleast seven years or is a practicing professional with a degree in child psychology orpsychiatry or law or social work or sociology or human development. (5) No person shall be appointed as a member unless he possesses such other qualifications as may be prescribed. (6) No person shall be appointed for a period of more than three years as a member of the Committee.Removal ofdisqualificationon the findingsof an offence. Special provision inrespect ofpending cases. Provision with respectof run awaychild inconflict withlaw. Child Welfare Committee. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 (7) The appointment of any member of the Committee shall be terminated by the State Government after making an inquiry, if (i) he has been found guilty of misuse of power vested on him under this Act; (ii) he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect ofsuch offence; (iii) he fails to attend the proceedings of the Committee consecutively for three months without any valid reason or he fails to attend less than three-fourths of thesittings in a year. (8) The District Magistrate shall conduct a quarterly review of the functioning of the Committee. (9) The Committee shall function as a Bench and shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be,a Judicial Magistrate of First Class. (10) The District Magistrate shall be the grievances redressal authority for the Child Welfare Committee and anyone connected with the child, may file a petition before theDistrict Magistrate, who shall consider and pass appropriate orders. 28. (1) The Committee shall meet at least twenty days in a month and shall observe such rules and procedures with regard to the transaction of business at its meetings, as maybe prescribed. (2) A visit to an existing child care institution by the Committee, to check its functioning and well being of children shall be considered as a sitting of the Committee. (3) A child in need of care and protection may be produced before an individual member of the Committee for being placed in a Childrens Home or fit person when theCommittee is not in session. (4) In the event of any difference of opinion among the members of the Committee at the time of taking any decision, the opinion of the majority shall prevail but where there isno such majority, the opinion of the Chairperson shall prevail. (5) Subject to the provisions of sub-section ( 1), the Committee may act, notwithstanding the absence of any member of the Committee, and no order made by theCommittee shall be invalid by reason only of the absence of any member during any stageof the proceeding: Provided that there shall be at least three members present at the time of final disposal of the case. 29. (1) The Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children in need of care andprotection, as well as to provide for their basic needs and protection. (2) Where a Committee has been constituted for any area, such Committee shall, notwithstanding anything contained in any other law for the time being in force, but save asotherwise expressly provided in this Act, have the power to deal exclusively with allproceedings under this Act relating to children in need of care and protection. 30. The functions and responsibilities of the Committee shall include (i) taking cognizance of and receiving the children produced before it; (ii) conducting inquiry on all issues relating to and affecting the safety and well- being of the children under this Act; (iii) directing the Child Welfare Officers or probation officers or District Child Protection Unit or non-governmental organisations to conduct social investigationand submit a report before the Committee;Procedure inrelation toCommittee. Powers of Committee. Functions and responsibilitiesofCommittee.2 of 1974. 18 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (iv) conducting inquiry for declaring fit persons for care of children in need of care and protection; (v) directing placement of a child in foster care; (vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection, based on the childs individual care plan and passingnecessary directions to parents or guardians or fit persons or childrens homes or fitfacility in this regard; (vii) selecting registered institution for placement of each child requiring institutional support, based on the childs age, gender, disability and needs andkeeping in mind the available capacity of the institution; (viii) conducting at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvementin quality of services to the District Child Protection Unit and the State Government; (ix) certifying the execution of the surrender deed by the parents and ensuring that they are given time to reconsider their decision as well as making all efforts tokeep the family together; (x) ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed; (xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry; (xii) taking suo motu cognizance of cases and reaching out to children in need of care and protection, who are not produced before the Committee, provided thatsuch decision is taken by at least three members; (xiii) taking action for rehabilitation of sexually abused children who are reported as children in need of care and protection to the Committee by Special Juvenile PoliceUnit or local police, as the case may be, under the Protection of Children from SexualOffences Act, 2012; (xiv) dealing with cases referred by the Board under sub-section ( 2) of section 17; (xv) co-ordinate with the police, labour department and other agencies involved in the care and protection of children with support of the District Child ProtectionUnit or the State Government; (xvi) in case of a complaint of abuse of a child in any child care institution, the Committee shall conduct an inquiry and give directions to the police or the DistrictChild Protection Unit or labour department or childline services, as the case may be; (xvii) accessing appropriate legal services for children; (xviii) such other functions and responsibilities, as may be prescribed. CHAPTER VI P ROCEDURE IN RELATION TO CHILDREN IN NEED OF CARE AND PROTECTION 31. (1) Any child in need of care and protection may be produced before the Committee by any of the following persons, namely: (i) any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointedunder any labour law for the time being in force; (ii) any public servant;Production beforeCommittee.32 of 2012. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19 (iii) Childline Services or any voluntary or non-governmental organisation or any agency as may be recognised by the State Government; (iv) Child Welfare Of ficer or probation officer; (v) any social worker or a public spirited citizen; (vi) by the child himself; or (vii) any nurse, doctor or management of a nursing home, hospital or maternity home: Provided that the child shall be produced before the Committee without any loss of time but within a period of twenty-four hours excluding the time necessary for the journey. (2) The State Government may make rules consistent with this Act, to provide for the manner of submitting the report to the Committee and the manner of sending and entrustingthe child to childrens home or fit facility or fit person, as the case may be, during the periodof the inquiry. 32. (1) Any individual or a police officer or any functionary of any organisation or a nursing home or hospital or maternity home, who or which finds and takes charge, or ishanded over a child who appears or claims to be abandoned or lost, or a child who appearsor claims to be an orphan without family support, shall within twenty-four hours (excludingthe time necessary for the journey), give information to the Childline Services or the nearestpolice station or to a Child Welfare Committee or to the District Child Protection Unit, orhand over the child to a child care institution registered under this Act, as the case may be. (2) The information regarding a child referred to
orhand over the child to a child care institution registered under this Act, as the case may be. (2) The information regarding a child referred to in sub-section ( 1) shall be mandatorily uploaded on a portal as may be specified by the Central Government or the Committee or theDistrict Child Protection Unit or the child care institution, as the case may be. 33. If information regarding a child as required under section 32 is not given within the period specified in the said section, then, such act shall be regarded as an offence. 34. Any person who has committed an offence under section 33 shall be liable to imprisonment up to six months or fine of ten thousand rupees or both. 35. (1) A parent or guardian, who for physical, emotional and social factors beyond their control, wishes to surrender a child, shall produce the child before the Committee. (2) If, after prescribed process of inquiry and counselling, the Committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before theCommittee. (3) The parents or guardian who surrendered the child, shall be given two months time to reconsider their decision and in the intervening period the Committee shall eitherallow, after due inquiry, the child to be with the parents or guardian under supervision, orplace the child in a Specialised Adoption Agency, if he or she is below six years of age, or achildrens home if he is above six years. 36. (1) On production of a child or receipt of a report under section 31, the Committee shall hold an inquiry in such manner as may be prescribed and the Committee, on its own or on the report from any person or agency as specified in sub-section ( 2) of section 31, may pass an order to send the child to the childrens home or a fit facility or fit person, and forspeedy social investigation by a social worker or Child Welfare Officer or Child WelfarePolice Officer: Provided that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a Specialised Adoption Agency, where available.Mandatoryreportingregarding achild foundseparatedfromguardian. Offence of non-reporting. Penalty for non-reporting. Surrender of children. Inquiry. 20 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (2) The social investigation shall be completed within fifteen days so as to enable the Committee to pass final order within four months of first production of the child: Provided that for orphan, abandoned or surrendered children, the time for completion of inquiry shall be as specified in section 38. (3) After the completion of the inquiry, if Committee is of the opinion that the said child has no family or ostensible support or is in continued need of care and protection, itmay send the child to a Specialised Adoption Agency if the child is below six years of age,childrens home or to a fit facility or person or foster family, till suitable means of rehabilitationare found for the child, as may be prescribed, or till the child attains the age of eighteenyears: Provided that the situation of the child placed in a childrens home or with a fit facility or person or a foster family, shall be reviewed by the Committee, as may be prescribed. (4) The Committee shall submit a quarterly report on the nature of disposal of cases and pendency of cases to the District Magistrate in the manner as may be prescribed, forreview of pendency of cases. (5) After review under sub-section ( 4), the District Magistrate shall direct the Committee to take necessary remedial measures to address the pendency, if necessary andsend a report of such reviews to the State Government, who may cause the constitution ofadditional Committees, if required: Provided that if the pendency of cases continues to be unaddressed by the Committee even after three months of receiving such directions, the State Government shall terminatethe said Committee and shall constitute a new Committee. (6) In anticipation of termination of the Committee and in order that no time is lost in constituting a new Committee, the State Government shall maintain a standing panel ofeligible persons to be appointed as members of the Committee. (7) In case of any delay in the constitution of a new Committee under sub-section ( 5), the Child Welfare Committee of a nearby district shall assume responsibility in the interveningperiod. 37.(1) The Committee on being satisfied through the inquiry that the child before the Committee is a child in need of care and protection, may, on consideration of SocialInvestigation Report submitted by Child Welfare Officer and taking into account the childs wishes in case the child is sufficiently mature to take a view, pass one or more of thefollowing orders, namely: (a) declaration that a child is in need of care and protection; (b) restoration of the child to parents or guardian or family with or without supervision of Child Welfare Officer or designated social worker; (c) placement of the child in Childrens Home or fit facility or Specialised Adoption Agency for the purpose of adoption for long term or temporary care, keeping in mindthe capacity of the institution for housing such children, either after reaching theconclusion that the family of the child cannot be traced or even if traced, restorationof the child to the family is not in the best interest of the child; (d) placement of the child with fit person for long term or temporary care; (e) foster care orders under section 44; (f) sponsorship orders under section 45; (g) directions to persons or institutions or facilities in whose care the child is placed, regarding care, protection and rehabilitation of the child, including directionsrelating to immediate shelter and services such as medical attention, psychiatric andpsychological support including need-based counselling, occupational therapy orOrders passedregarding achild in needof care andprotection. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21 behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow-up and coordinationwith the District Child Protection Unit or State Government and other agencies; (h) declaration that the child is legally free for adoption under section 38. (2) The Committee may also pass orders for (i) declaration of fit persons for foster care; (ii) getting after care support under section 46 of the Act; or (iii) any other order related to any other function as may be prescribed. 38. (1) In case of orphan and abandoned child, the Committee shall make all efforts for tracing the parents or guardians of the child and on completion of such inquiry, if it isestablished that the child is either an orphan having no one to take care, or abandoned, theCommittee shall declare the child legally free for adoption: Provided that such declaration shall be made within a period of two months from the date of production of the child, for children who are up to two years of age and within fourmonths for children above two years of age: Provided further that notwithstanding anything contained in this regard in any other law for the time being in force, no first information report shall be registered against anybiological parent in the process of inquiry relating to an abandoned or surrendered childunder this Act. (2) In case of surrendered child, the institution where the child has been placed by the Committee on an application for surrender, shall bring the case before the Committeeimmediately on completion of the period specified in section 35, for declaring the childlegally free for adoption. (3) Notwithstanding anything contained in any other law for the time being in force, a child of a mentally retarded parents or a unwanted child of victim of sexual assault, suchchild may be declared free for adoption by the Committee, by following the procedure underthis Act. (4) The decision to declare an orphan, abandoned or surrendered child as legally free for adoption shall be taken by at least three members of the Committee. (5) The Committee shall inform the State Agency and the Authority regarding the number of children declared as legally free for adoption and number of cases pending fordecision in the manner as may be prescribed, every month. CHAPTER VII R EHABILITATION AND SOCIAL RE-INTEGRATION 39. (1) The process of rehabilitation and social integration of children under this Act shall be undertaken, based on the individual care plan of the child, preferably throughfamily based care such as by restoration to family or guardian with or without supervisionor sponsorship, or adoption or foster care: Provided that all efforts shall be made to keep siblings placed in institutional or non- institutional care, together, unless it is in their best interest not to be kept together. (2) For children in conflict with law the process of rehabilitation and social integration shall be undertaken in the observation homes, if the child is not released on bail or in specialhomes or place of safety or fit facility or with a fit person, if placed there by the order of theBoard. (3) The children in need of care and protection who are not placed in families for any reason may be placed in an institution registered for such children under this Act or with aProcedure fordeclaring achild legallyfree foradoption. Process of rehabilitationand social re-integration. 22 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II fit person or a fit facility, on a temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken wherever the child is so placed. (4) The Children in need of care and protection who are leaving institutional care or children in conflict with law leaving special homes or place of safety on attaining eighteen years of age, may be provided financial support as specified in section 46, to help them to re-integrate into the mainstream of the society. 40. (1) The restoration and protection of a child shall be the prime objective of any Childrens Home, Specialised Adoption Agency or open shelter. (2) The Childrens Home, Specialised Adoption Agency or an open shelter, as the case may be, shall take such steps as are considered necessary for the restoration andprotection of a child deprived of his family environment temporarily or permanently wheresuch child is under their care and protection. (3) The Committee shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining thesuitability of the parents or guardian or fit person to take care of the child, and give themsuitable directions. Explanation. For the purposes of this section, restoration and protection of a child means restoration to (a) parents; (b) adoptive parents; (c) foster parents; (d) guardian; or (e) fit person. 41. (1) Notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a State Government or by voluntary or non-governmentalorganisations, which are meant, either wholly or partially, for housing children in need ofcare and protection or children in conflict with law, shall, be registered under this Act insuch manner as may be prescribed, within a period of six months from the date ofcommencement of this Act, regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Government or not: Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of commencement of this Act shallbe deemed to have been registered under this Act. (2) At the time of registration under this section, the State Government shall determine and record the capacity and purpose of the institution and shall register the institution as aChildrens Home or open shelter or Specialised Adoption Agency or observation home orspecial home or place of safety, as the case may be. (3) On receipt of application for registration under sub-section ( 1), from an existing or new institution housing children in need of care and protection of children in conflict withlaw, the State Government may grant provisional registration, within one month from thedate of receipt of application, for a maximum period of six months, in order to bring suchinstitution under the purview of this Act, and shall determine the capacity of the Homewhich shall be mentioned in the registration certificate: Provided that if the said institution does not fulfill the prescribed criteria for registration, within the period specified in sub-section ( 1), the provisional registration shall stand cancelled and the provisions of sub-section ( 5) shall apply.Restoration of child inneed of careandprotection. Registration of child careinstitutions. 56 of 2000. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23 (4) If the State Government does not issue a provisional registration certificate within one month from the date of application, the proof of receipt of application for registrationshall be treated as provisional registration to run an institution for a maximum period of sixmonths. (5) If the application for registration is not disposed of within six months by any officer or officers of any State Government, it shall be regarded as dereliction of duty ontheir part by their higher controlling authority and appropriate departmental proceedingsshall be initiated. (6) The period of registration of an institution shall be five years, and it shall be subject to renewal in every five years. (7) The State Government may, after following the procedure as may be prescribed, cancel or withhold registration, as the case may be, of such institutions which fail toprovide rehabilitation and reintegration services as specified in section 53 and till such timethat the registration of an institution is renewed or granted, the State Government shallmanage the institution. (8) Any child care institution registered under this section shall be duty bound to admit children, subject to the capacity of the institution, as directed by the Committee,whether they are receiving grants from the Central Government or, as the case may be, theState Government or not. (9) Notwithstanding anything contained in any other law for the time being in force, the inspection committee appointed under section 54, shall have the powers to inspect anyinstitution housing children, even if not registered under this Act to determine whethersuch institution is housing children in need of care and protection. 42. Any person, or persons, in-charge of an institution housing children in need of care and protection and children in conflict with law, who fails to comply with the provisionsof sub-section ( 1) of section 41, shall be punished with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both: Provided that every thirty days delay in applying for registration shall be considered as a separate offence. 43. (1) The State Government may establish and maintain, by itself or through voluntary or non-governmental organisations, as many open shelters as may be required,and such open shelters shall be registered as such, in the manner as may be prescribed. (2) The open shelters referred to in sub-section ( 1) shall function as a community based facility for children in need of residential support, on short term basis, with theobjective of protecting them from abuse or weaning them, or keeping them, away from a lifeon the streets. (3) The open shelters shall send every month information, in the manner as may be prescribed, regarding children availing the services of the shelter, to the District ChildProtection Unit and the Committee. 44. (1) The children in need of care and protection may be placed in foster care, including group foster care for their care and protection through orders of the Committee,after following the procedure as may be prescribed in this regard, in a family which does notinclude the childs biological or adoptive parents or in an unrelated family recognised assuitable for the purpose by the State Government, for a short or extended period of time. (2) The selection of the foster family shall be based on familys ability, intent, capacity and prior experience of taking care of children. (3) All efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept together.Penalty fornon-registration ofchild careinstitutions. Open shelter. Foster care. 24 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II
shelter. Foster care. 24 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (4) The State Government, after taking into account the number of children, shall provide monthly funding for such foster care through District Child Protection Unit afterfollowing the procedure, as may be prescribed, for inspection to ensure well being of thechildren. (5) In cases where children have been placed in foster care for the reason that their parents have been found to be unfit or incapacitated by the Committee, the childs parentsmay visit the child in the foster family at regular intervals, unless the Committee feels thatsuch visits are not in the best interest of the child, for reasons to be recorded therefor; andeventually, the child may return to the parents homes once the parents are determined bythe Committee to be fit to take care of the child. (6) The foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child in such manner, as may beprescribed. (7) The State Government may make rules for the purpose of defining the procedure, criteria and the manner in which foster care services shall be provided for children. (8) The inspection of foster families shall be conducted every month by the Committee in the form as may be prescribed to check the well-being of the child and whenever a fosterfamily is found lacking in taking care of the child, the child shall be removed from that fosterfamily and shifted to another foster family as the Committee may deem fit. (9) No child regarded as adoptable by the Committee shall be given for long-term foster care. 45. (1) The State Government shall make rules for the purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship,group sponsorship or community sponsorship. (2) The criteria for sponsorship shall include, (i) where mother is a widow or divorced or abandoned by family; (ii) where children are orphan and are living with the extended family; (iii) where parents are victims of life threatening disease; (iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically. (3) The duration of sponsorship shall be such as may be prescribed. (4) The sponsorship programme may provide supplementary support to families, to Childrens Homes and to special homes to meet medical, nutritional, educational and otherneeds of the children, with a view to improving their quality of life. 46. Any child leaving a child care institution on completion of eighteen years of age may be provided with financial support in order to facilitate childs re-integration into themainstream of the society in the manner as may be prescribed. 47. (1) The State Government shall establish and maintain in every district or a group of districts, either by itself, or through voluntary or non-governmental organisations,observation homes, which shall be registered under section 41 of this Act, for temporaryreception, care and rehabilitation of any child alleged to be in conflict with law, during thependency of any inquiry under this Act. (2) Where the State Government is of the opinion that any registered institution other than a home established or maintained under sub-section ( 1), is fit for the temporary reception of such child alleged to be in conflict with law during the pendency of any inquiry underthis Act, it may register such institution as an observation home for the purposes of thisAct.Sponsorship. After care of childrenleaving childcareinstitution. Observation homes. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25 (3) The State Government may, by rules made under this Act, provide for the management and monitoring of observation homes, including the standards and varioustypes of services to be provided by them for rehabilitation and social integration of a childalleged to be in conflict with law and the circumstances under which, and the manner inwhich, the registration of an observation home may be granted or withdrawn. (4) Every child alleged to be in conflict with law who is not placed under the charge of parent or guardian and is sent to an observation home shall be segregated according to thechilds age and gender, after giving due consideration to physical and mental status of thechild and degree of the offence committed. 48. (1) The State Government may establish and maintain either by itself or through voluntary or non-governmental organisations, special homes, which shall be registered assuch, in the manner as may be prescribed, in every district or a group of districts, as may berequired for rehabilitation of those children in conflict with law who are found to havecommitted an offence and who are placed there by an order of the Juvenile Justice Boardmade under section 18. (2) The State Government may, by rules, provide for the management and monitoring of special homes, including the standards and various types of services to be provided bythem which are necessary for social re-integration of a child, and the circumstances underwhich, and the manner in which, the registration of a special home may be granted orwithdrawn. (3) The rules made under sub-section ( 2) may also provide for the segregation and separation of children found to be in conflict with law on the basis of age, gender, the natureof offence committed by them and the childs mental and physical status. 49. (1) The State Government shall set up atleast one place of safety in a State registered under section 41, so as to place a person above the age of eighteen years or childin conflict with law, who is between the age of sixteen to eighteen years and is accused ofor convicted for committing a heinous offence. (2) Every place of safety shall have separate arrangement and facilities for stay of such children or persons during the process of inquiry and children or persons convictedof committing an offence. (3) The State Government may, by rules, prescribe the types of places that can be designated as place of safety under sub-section ( 1) and the facilities and services that may be provided therein. 50. (1) The State Government may establish and maintain, in every district or group of districts, either by itself or through voluntary or non-governmental organisations, ChildrensHomes, which shall be registered as such, for the placement of children in need of care andprotection for their care, treatment, education, training, development and rehabilitation. (2) The State Government shall designate any Childrens Home as a home fit for children with special needs delivering specialised services, depending on requirement. (3) The State Government may, by rules, provide for the monitoring and management of Childrens Homes including the standards and the nature of services to be provided bythem, based on individual care plans for each child. 51. (1) The Board or the Committee shall recognise a facility being run by a Governmental organisation or a voluntary or non-governmental organisation registeredunder any law for the time being in force to be fit to temporarily take the responsibility of achild for a specific purpose after due inquiry regarding the suitability of the facility and theorganisation to take care of the child in such manner as may be prescribed. (2) The Board or the Committee may withdraw the recognition under sub-section ( 1) for reasons to be recorded in writing.Specialhomes. Place of safety. Childrens Home. Fit facility. 26 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II 52. (1) The Board or the Committee shall, after due verification of credentials, recognise any person fit to temporarily receive a child for care, protection and treatment of such childfor a specified period and in the manner as may be prescribed. (2) The Board or Committee, as the case may be, may withdraw the recognition granted under sub-section ( 1) for reasons to be recorded in writing. 53. (1) The services that shall be provided, by the institutions registered under this Act in the process of rehabilitation and re-integration of children, shall be in such manner asmay be prescribed, which may include (i) basic requirements such as food, shelter, clothing and medical attention as per the prescribed standards; (ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille kits, or any other suitable aids and appliances as required, for children with specialneeds; (iii) appropriate education, including supplementary education, special education, and appropriate education for children with special needs: Provided that for children between the age of six to fourteen years, the provisions of the Right of Children to Free and Compulsory Education Act, 2009 shallapply; (iv) skill development; (v) occupational therapy and life skill education; (vi) mental health interventions, including counselling specific to the need of the child; (vii) recreational activities including sports and cultural activities; (viii) legal aid where required; (ix) referral services for education, vocational training, de-addiction, treatment of diseases where required; (x) case management including preparation and follow up of individual care plan; (xi) birth registration; (xii) assistance for obtaining the proof of identity, where required; and (xiii) any other service that may reasonably be provided in order to ensure the well-being of the child, either directly by the State Government, registered or fitindividuals or institutions or through referral services. (2) Every institution shall have a Management Committee, to be set up in a manner as may be prescribed, to manage the institution and monitor the progress of every child. (3) The officer in-charge of every institution, housing children above six years of age, shall facilitate setting up of childrens committees for participating in such activities as maybe prescribed, for the safety and well-being of children in the institution. 54. (1) The State Government shall appoint inspection committees for the State and district, as the case may be, for all institutions registered or recognised to be fit under thisAct for such period and for such purposes, as may be prescribed. (2) Such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, at least once in three months in a team of not less than threemembers, of whom at least one shall be a woman and one shall be a medical officer, andsubmit reports of the findings of such visits within a week of their visit, to the District ChildProtection Units or State Government, as the case may be, for further action.Fit person. Rehabilitation and re-integrationservices ininstitutionsregisteredunder this Actandmanagementthereof. Inspection of institutionsregisteredunder this Act.35 of 2009. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27 (3) On the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the District Child ProtectionUnit or the State Government and a compliance report shall be submitted to the StateGovernment. 55. (1) The Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile police units, registered institutions,or recognised fit facilities and persons, at such period and through such persons orinstitutions as may be prescribed by that Government. (2) In case such independent evaluation is conducted by both the Governments, the evaluation made by the Central Government shall prevail. CHAPTER VIII A DOPTION 56. (1) Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of this Act, the rules madethereunder and the adoption regulations framed by the Authority. (2) Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority. (3) Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956. (4) All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority. (5) Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreigncountry without a valid order from the Court, shall be punishable as per the provisions ofsection 80. 57. (1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him. (2) In case of a couple, the consent of both the spouses for the adoption shall be required. (3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority. (4) A single male is not eligible to adopt a girl child. (5) Any other criteria that may be specified in the adoption regulations framed by the Authority. 58. (1) Indian prospective adoptive parents living in India, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child, may apply forthe same to a Specialised Adoption Agency, in the manner as provided in the adoptionregulations framed by the Authority. (2) The Specialised Adoption Agency shall prepare the home study report of the prospective adoptive parents and upon finding them eligible, will refer a child declaredlegally free for adoption to them along with the child study report and medical report of thechild, in the manner as provided in the adoption regulations framed by the Authority. (3) On the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and medical report of the child signed by suchparents, the Specialised Adoption Agency shall give the child in pre-adoption foster careand file an application in the court for obtaining the adoption order, in the manner asprovided in the adoption regulations framed by the Authority. (4) On the receipt of a certified copy of the court order, the Specialised Adoption Agency shall send immediately the same to the prospective adoptive parents.Evaluation offunctioning ofstructures. Adoption. Eligibility of prospectiveadoptiveparents. Procedure for adoption byIndianprospectiveadoptiveparents livingin India.78 of 1956. 28 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (5) The progress and wellbeing of the child in the adoptive family shall be followed up and ascertained in the manner as provided in the adoption regulations framed by theAuthority. 59. (1) If an orphan or abandoned or surrendered child could not be placed with an Indian or non-resident Indian prospective adoptive parent despite the joint effort of theSpecialised Adoption Agency and State Agency within sixty days from the date the childhas been declared legally free for adoption, such child shall be free for inter-country adoption: Provided that children with physical and mental disability, siblings and children above five years of age may be given preference over other children for such inter-country adoption,in accordance with the adoption regulations, as may be framed by the Authority. (2) An eligible non-resident Indian or overseas citizen of India or persons of Indian origin shall be given priority in inter-country adoption of Indian children. (3) A non-resident Indian or overseas citizen of India, or person of Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion,if interested to adopt an orphan or abandoned or surrendered child from India, may applyfor the same to an authorised foreign adoption agency, or Central Authority or a concernedGovernment department in their country of habitual residence, as the case may be, in themanner as provided in the adoption regulations framed by the Authority. (4) The authorised foreign adoption agency, or Central Authority, or a concerned Government department, as the case may be, shall prepare the home study report of suchprospective adoptive parents and upon finding them eligible, will sponsor their applicationto Authority for adoption of a child from India, in the manner as provided in the adoptionregulations framed by the Authority. (5)
ity for adoption of a child from India, in the manner as provided in the adoptionregulations framed by the Authority. (5) On the receipt of the application of such prospective adoptive parents, the Authority shall examine and if it finds the applicants suitable, then, it will refer the application to one ofthe Specialised Adoption Agen cies, where children legally free for adoption are available. (6) The Specialised Adoption Agency will match a child with such prospective adoptive parents and send the child study report and medical report of the child to such parents, whoin turn may accept the child and return the child study and medical report duly signed bythem to the said agency. (7) On receipt of the acceptance of the child from the prospective adoptive parents, the Specialised Adoption Agency shall file an application in the court for obtaining theadoption order, in the manner as provided in the adoption regulations framed by theAuthority. (8) On the receipt of a certified copy of the court order, the specialised adoption agency shall send immediately the same to Authority, State Agency and to the prospectiveadoptive parents, and obtain a passport for the child. (9) The Authority shall intimate about the adoption to the immigration authorities of India and the receiving country of the child. (10) The prospective adoptive parents shall receive the child in person from the specialised adoption agency as soon as the passport and visa are issued to the child. (11) The authorised foreign adoption agency, or Central Authority, or the concerned Government department, as the case may be, shall ensure the submission of progressreports about the child in the adoptive family and will be responsible for making alternativearrangement in the case of any disruption, in consultation with Authority and concernedIndian diplomatic mission, in the manner as provided in the adoption regulations framed bythe Authority. (12) A foreigner or a person of Indian origin or an overseas citizen of India, who has habitual residence in India, if interested to adopt a child from India, may apply to Authority forthe same along with a no objection certificate from the diplomatic mission of his country inIndia, for further necessary actions as provided in the adoption regulations framed by theAuthority.Procedure forinter-countryadoption ofan orphan orabandoned orsurrenderedchild. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29 60. (1) A relative living abroad, who intends to adopt a child from his relative in India shall obtain an order from the court and apply for no objection certificate from Authority, inthe manner as provided in the adoption regulations framed by the Authority. (2) The Authority shall on receipt of the order under sub-section ( 1) and the application from either the biological parents or from the adoptive parents, issue no objection certificate under intimation to the immigration authority of India and of the receiving country of the child. (3) The adoptive parents shall, after receiving no objection certificate under sub-section ( 2), receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to time. 61. (1) Before issuing an adoption order, the court shall satisfy itself that (a) the adoption is for the welfare of the child; ( b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and(c) that neither the prospective adoptive parents has given or agreed to give nor the specialised adoption agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption regulations framed by theAuthority towards the adoption fees or service charge or child care corpus. (2) The adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filing. 62. (1) The documentation and other procedural requirements, not expressly provided in this Act with regard to the adoption of an orphan, abandoned and surrendered child byIndian prospective adoptive parents living in India, or by non-resident Indian or overseascitizen of India or person of Indian origin or foreigner prospective adoptive parents, shall be as per the adoption regulations framed by the Authority. (2) The specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, Authority and State Agency shall track theprogress of the adoption case and intervene wherever necessary, so as to ensure that thetime line is adhered to. 63. A child in respect of whom an adoption order is issued by the court, shall become the child of the adoptive parents, and the adoptive parents shall become the parents of thechild as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his or her birth shall stand severed andreplaced by those created by the adoption order in the adoptive family: Provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted childsubject to the obligations, if any, attached to the ownership of such property including theobligations, if any, to maintain the relatives in the biological family. 64. Notwithstanding anything contained in any other law for the time being in force, information regarding all adoption orders issued by the concerned courts, shall be forwarded to Authority on monthly basis in the manner as provided in the adoption regulations framed by the Authority, so as to enable Authority to maintain the data on adoption. 65. (1) The State Government shall recognise one or more institutions or organisations in each district as a Specialised Adoption Agency, in such manner as may be provided in theadoption regulations framed by the Authority, for the rehabilitation of orphan, abandonedor surrendered children, through adoption and non-institutional care. (2) The State Agency shall furnish the name, address and contact details of the Specialised Adoption Agencies along with copies of certificate or letter of recognition orrenewal to Authority, as soon as the recognition or renewal is granted to such agencies. (3) The State Government shall get every Specialised Adoption Agency inspected at least once in a year and take necessary remedial measures, if required.Courtprocedure andpenaltyagainstpayment inconsiderationof adoption. Additional proceduralrequirementsanddocumentation. Effect of adoption. Reporting of adoption. Specialised AdoptionAgencies.Procedure for inter-countryrelativeadoption. 30 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (4) In case any Specialised Adoption Agency is in default in taking necessary steps on its part as provided in this Act or in the adoption regulations framed by the Authority,for getting an orphan or abandoned or surrendered child legally free for adoption from theCommittee or in completing the home study report of the prospective adoptive parents or inobtaining adoption order from the court within the stipulated time, such Specialised AdoptionAgency shall be punishable with a fine which may extend up to fifty thousand rupees andin case of repeated default, the recognition of the Specialised Adoption Agency shall bewithdrawn by the State Government. 66. (1) All the institutions registered under this Act, which may not have been recognised as Specialised Adoption Agencies, shall also ensure that all orphan or abandonedor surrendered children under their care are reported, produced and declared legally free foradoption, by the Committee as per the provisions of section 38. (2) All institutions referred to in sub-section ( 1) shall develop formal linkages with nearby Specialised Adoption Agency and shall furnish details of the children declaredlegally free for adoption to that Specialised Adoption Agency along with all relevant recordsin the manner as may be prescribed, for the placement of such children in adoption. (3) If any such institution contravenes the provisions of sub-section ( 1) or sub-section ( 2), it shall be liable to fine of fifty thousand rupees for each instance to be imposed by the registering authority and it may also attract de-recognition in the event ofpersistent flouting of such provisions. 67. (1) The State Government shall set up a State Adoption Resource Agency for dealing with adoptions and related matters in the State under the guidance of Authority. (2) The State Agency, wherever already exists, shall be deemed to be set up under this Act. 68. The Central Adoption Resource Agency existing before the commencement of this Act, shall be deemed to have been constituted as the Central Adoption ResourceAuthority under this Act to perform the following functions, namely: (a) to promote in-country adoptions and to facilitate inter-State adoptions in co-ordination with State Agency; (b) to regulate inter-country adoptions; (c) to frame regulations on adoption and related matters from time to time as may be necessary; (d) to carry out the functions of the Central Authority under the Hague Convention on Protection of Children and Cooperation in respect of Inter-countryAdoption; (e) any other function as may be prescribed. 69. (1) The Authority shall have a Steering Committee with following members : (a) Secretary, Ministry of Women and Child Development, Government of India, who shall be the Chairperson ex officio ; (b) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Authority ex officio ; (c) Joint Secretary, Ministry of Women and Child Development, Government of India, dealing with Finance ex officio ; (d) one State Adoption Resource Agency and two Specialised Adoption Agencies; (e) one adoptive parent and one adoptee;Adoption of childrenresiding ininstitutionsnot registeredas adoptionagencies. State AdoptionResourceAgency. Central AdoptionResourceAuthority. Steering Committee ofAuthority. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31 (f) one advocate or a professor having at least ten years of experience in family law; (g) Member-Secretary, who shall also be Chief Executive Officer of the organisation. (2) Criteria for the selection or nomination of the Members mentioned at ( d) to (f), their tenure as well as the terms and conditions of their appointment shall be such as may beprescribed. (3) The Steering Committee shall have the following functions, namely: (a) to oversee the functioning of Authority and review its working from time to time so that it operates in most effective manner; (b) to approve the annual budget, annual accounts and audit reports as well as the action plan and annual report of Authority; (c) to adopt the recruitment rules, service rules, financial rules of Authority as well as the other regulations for the exercise of the administrative and programmaticpowers within the organisation, with the prior approval of the Central Government; (d) any other function that may be vested with it by the Central Government from time to time. (4) The Steering Committee shall meet once in a month in the manner as may be prescribed. (5) The Authority shall function from its headquarter and through its regional offices as may be set up as per its functional necessity. 70. (1) For the efficient performance of its functions, Authority shall have the following powers, namely: (a) to issue instructions to any Specialised Adoption Agency or a Children Home or any child care institution housing any orphan, abandoned or surrenderedchild, any State Agency or any authorised foreign adoption agency and such directionsshall be complied by such agencies; (b) recommending to the concerned Government or Authority to take appropriate action against any official or functionary or institution under its administrative control,in case of persistent non-compliance of the instructions issued by it; (c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a Magistrate having jurisdiction to try thesame and the Magistrate to whom any such case is forwarded shall proceed to hearthe same as if the case has been forwarded to him under section 346 of the Code ofCriminal Procedure, 1973; (d) any other power that may be vested with it by the Central Government. (2) In case of any difference of opinion in an adoption case, including the eligibility of prospective adoptive parents or of a child to be adopted, the decision of Authority shallprevail. 71. (1) The Authority sh all submit an annual report to the Central Government in such manner as may be prescribed. (2) The Central Government shall cause the annual report of Authority to be laid before each House of Parliament. 72. (1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Authority by way of grants such sums of money as the CentralGovernment may think fit for being utilised for performing the functions of Authority underthis Act.Powers ofAuthority. Annual Report ofAuthority. Grants by CentralGovernment.2 of 1974. 32 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (2) The Authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this Act, and such sums shall be treated as expenditurepayable out of the grants referred to in sub-section ( 1). 73. (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the CentralGovernment in consultation with the Comptroller and Auditor-General of India. (2) The accounts of Authority shall be audited by the Comptroller and Auditor- General at such intervals as may be specified by him and any expenditure incurred inconnection with such audit shall be payable by the Authority to the Comptroller andAuditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall, have thesame rights and privileges and the Authority in connection with the audit of Governmentaccounts and, in particular, shall have the right to demand the production of books, accounts,connected vouchers and other documents and papers and to inspect any of the offices ofAuthority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereonshall be forwarded annually to the Central Government by the Authority. (5) The Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER IX O THER OFFENCES AGAINST CHILDREN 74. (1) No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure,shall disclose the name, address or school or any other particular, which may lead to theidentification of a child in conflict with law or a child in need of care and protection or a childvictim or witness of a crime, involved in such matter, under any other law for the time beingin force, nor shall the picture of any such child be published: Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosureis in the best interest of the child. (2) The Police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed of. (3) Any person contravening the provisions of sub-section ( 1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend totwo lakh rupees or both. 75. Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes
75. Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted,abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessarymental or physical suffering, shall be punishable with imprisonment for a term which mayextend to three years or with fine of one lakh rupees or with both: Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonmentis not wilful and the penal provisions of this section shall not apply in such cases: Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, heshall be punished with rigorous imprisonment which may extend up to five years, and finewhich may extend up to five lakhs rupees: Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regularAccounts andaudit ofAuthority. Prohibition on disclosureof identity ofchildren. Punishment for cruelty tochild. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33 tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liableto fine of five lakhs rupees. 76. (1) Whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five yearsand shall also be liable to fine of one lakh rupees: Provided that, if for the purpose of begging, the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven yearswhich may extend up to ten years, and shall also be liable to fine of five lakh rupees. (2) Whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-section ( 1), shall be punishable with the same punishment as provided for in sub-section ( 1) and such person shall be considered to be unfit under sub-clause ( v) of clause ( 14) of section 2: Provided that the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian orcustodian and produced before the Committee for appropriate rehabilitation. 77. Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a dulyqualified medical practitioner, shall be punishable with rigorous imprisonment for a termwhich may extend to seven years and shall also be liable to a fine which may extend up toone lakh rupees. 78. Whoever uses a child, for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, shall be liable for rigorousimprisonment for a term which may extend to seven years and shall also be liable to a fine upto one lakh rupees. 79. Notwithstanding anything contained in any law for the time being in force, whoever ostensibly engages a child and keeps him in bondage for the purpose of employmentor withholds his earnings or uses such earning for his own purposes shall be punishablewith rigorous imprisonment for a term which may extend to five years and shall also be liableto fine of one lakh rupees. Explanation. For the purposes of this section, the term employment shall also include selling goods and services, and entertainment in public places for economic gain. 80. If any person or organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions orprocedures as provided in this Act, such person or organisation shall be punishable withimprisonment of either description for a term which may extend upto three years, or with fineof one lakh rupees, or with both: Provided in case where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible forthe conduct of the day-to-day affairs of the adoption agency, the registration of suchagency under section 41 and its recognition under section 65 shall also be withdrawn for aminimum period of one year.Employmentof child forbegging. Penalty for givingintoxicatingliquor ornarcotic drug orpsychotropicsubstance to achild. Using a child for vending,peddling,carrying,supplying orsmuggling anyintoxicatingliquor,narcotic drugorpsychotropicsubstance. Exploitation of a childemployee. Punitive measures foradoptionwithoutfollowingprescribedprocedures. 34 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II 81. Any person who sells or buys a child for any purpose shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable tofine of one lakh rupees: Provided that where such offence is committed by a person having actual charge of the child, including employees of a hospital or nursing home or maternity home, the term ofimprisonment shall not be less than three years and may extend up to seven years. 82. (1) Any person in-charge of or employed in a child care institution, who subjects a child to corporal punishment with the aim of disciplining the child, shall beliable, on the first conviction, to a fine of ten thousand rupees and for every subsequentoffence, shall be liable for imprisonment which may extend to three months or fine orwith both. (2) If a person employed in an institution referred to in sub-section ( 1), is convicted of an offence under that sub-section, such person shall also be liable for dismissal fromservice, and shall also be debarred from working directly with children thereafter. (3) In case, where any corporal punishment is reported in an institution referred to in sub-section ( 1) and the management of such institution does not cooperate with any inquiry or comply with the orders of the Committee or the Board or court or State Government, theperson in-charge of the management of the institution shall be liable for punishment withimprisonment for a term not less than three years and shall also be liable to fine which mayextend to one lakh rupees. 83. (1) Any non-State, self-styled militant group or outfit declared as such by the Central Government, if recruits or uses any child for any purpose, shall be liable for rigorousimprisonment for a term which may extend to seven years and shall also be liable to fine offive lakh rupees. (2) Any adult or an adult group uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to sevenyears and shall also be liable to fine of five lakh rupees. 84. For the purposes of this Act, the provisions of sections 359 to 369 of the Indian Penal Code, shall mutatis mutandis apply to a child or a minor who is under the age of eighteen years and all the provisions shall be construed accordingly. 85. Whoever commits any of the offences referred to in this Chapter on any child who is disabled as so certified by a medical practitioner, then, such person shall be liable to twicethe penalty provided for such offence. Explanation . For the purposes of this Act, the term disability shall have the same meaning as assigned to it under clause ( i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 86. (1) Where an offence under this Act is punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable and triable bya Childrens Court. (2) Where an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable,non-bailable and triable by a Magistrate of First Class. (3) Where an offence, under this Act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triableby any Magistrate. 87. Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with the punishment provided for thatoffence.Sale andprocurementof children forany purpose. Corporal punishment. Use of child by militantgroups orother adults. Kidnapping and abductionof child. Offences committed ondisabledchildren. Classification of offencesand designatedcourt. Abetment.1 of 1996.45 of 1860. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35 Explanation. An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracyor with the aid, which constitutes the abetment. 88. Where an act or omission constitutes an offence punishable under this Act and also under any other law for the time being in force, then, notwithstanding anything containedin any such law, the offender found guilty of such offence shall be liable for punishmentunder such law which provides for punishment which is greater in degree. 89. Any child who commits any offence under this Chapter shall be considered as a child in conflict with law under this Act. CHAPTER X M ISCELLANEOUS 90. The Committee or the Board, as the case may be, before which a child is brought under any of the provisions of this Act, may, whenever it so thinks fit, require any parent or guardian having the actual charge of the child to be present at any proceeding in respect ofthat child. 91. (1) If, at any stage during the course of an inquiry, the Committee or the Board is satisfied that the attendance of the child is not essential for the purpose of inquiry, theCommittee or the Board, as the case may be, shall dispense with the attendance of a childand limit the same for the purpose of recording the statement and subsequently, the inquiryshall continue even in the absence of the child concerned, unless ordered otherwise by theCommittee or the Board. (2) Where the attendance of a child is required before the Board or the Committee, such child shall be entitled to travel reimbursement for self and one escort accompanyingthe child as per actual expenditure incurred, by the Board, or the Committee or the DistrictChild Protection Unit, as the case may be. 92. When a child, who has been brought before the Committee or the Board, is found to be suffering from a disease requiring prolonged medical treatment or physical or mentalcomplaint that will respond to treatment, the Committee or the Board, as the case may be,may send the child to any place recognised as a fit facility as prescribed for such period asit may think necessary for the required treatment. 93. (1) Where it appears to the Committee or the Board that any child kept in a special home or an observation home or a Childrens Home or in an institution in pursuance of theprovisions of this Act, is a mentally ill person or addicted to alcohol or other drugs whichlead to behavioural changes in a person, the Committee or the Board , may order removal ofsuch child to a psychiatric hospital or psychiatric nursing home in accordance with theprovisions of the Mental Health Act, 1987 or the rules made thereunder. (2) In case the child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section ( 1), the Committee or the Board may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home,order to remove such child to an Integrated Rehabilitation Centre for Addicts or similarcentres maintained by the State Government for mentally ill persons (including the personsaddicted to any narcotic drug or psychotropic substance) and such removal shall be onlyfor the period required for the inpatient treatment of such child. Explanation .For the purposes of this sub-section, (a) Integrated Rehabilitation Centre for Addicts shall have the meaning assigned to it under the scheme called Central Sector Scheme of Assistance forAlternativepunishment. Offence committed bychild underthis Chapter. Attendance of parent orguardian ofchild. Dispensing withattendance ofchild. Placement of a childsufferingfrom diseaserequiringprolongedmedicaltreatment inan approvedplace. Transfer of a child who ismentally ill oraddicted toalcohol orother drugs. 14 of 1987. 36 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II Prevention of Alcoholism and Substance (Drugs) Abuse and for Social Defence Services framed by the Central Government in the Ministry of Social Justice andEmpowerment or any other corresponding scheme for the time being in force; (b) mentally ill person shall have the same meaning assigned to it in clause ( l) of section 2 of the Mental Health Act, 1987; (c) psychiatric hospital or psychiatric nursing home shall have the same meaning assigned to it in clause ( q) of section 2 of the Mental Health Act, 1987. 94. (1) Where, it is obvious to the Committee or the Board, based on the appearance of the person brought before it under any of the provisions of this Act (other than for thepurpose of giving evidence) that the said person is a child, the Committee or the Board shallrecord such observation stating the age of the child as nearly as may be and proceed withthe inquiry under section 14 or section 36, as the case may be, without waiting for furtherconfirmation of the age. (2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as thecase may be, shall undertake the process of age determination, by seeking evidence byobtaining (i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absencethereof; (ii) the birth certificate given by a corporation or a municipal authority or a panchayat; (iii) and only in the absence of ( i) and ( ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on theorders of the Committee or the Board: Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order. (3) The age recorded by the Committee or the Board to be the age of person so brought before it shall, for the purpose of this Act, be deemed to be the true age of thatperson. 95. (1) If during the inquiry it is found that a child hails from a place outside the jurisdiction, the Board or Committee, as the case may be, shall, if satisfied after due inquirythat it is in the best interest of the child and after due consultation with the Committee or theBoard of the childs home district, order the transfer of the child, as soon as possible, to thesaid Committee or the Board, along with relevant documents and following such procedureas may be prescribed: Provided that such transfer can be made in case of a child in conflict with law, only after the inquiry has been completed and final order passed by the Board: Provided further that in case of inter-State transfer, the child shall be, if convenient,
completed and final order passed by the Board: Provided further that in case of inter-State transfer, the child shall be, if convenient, handed over to the Committee or the Board, as the case may be, of the home district of thechild, or to the Committee or the Board in the capital city of the home State. (2) Once the decision to transfer is finalised, the Committee or Board, as the case may be, shall give an escort order to the Special Juvenile Police Unit to escort the child, withinfifteen days of receiving such order: Provided that a girl child shall be accompanied by a woman police officer:Provided further that where a Special Juvenile Police Unit is not available, the Committee or Board, as the case may be, shall direct the institution where the child isPresumptionanddeterminationof age. Transfer of a child to placeof residence.14 of 1987. 14 of 1987. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37 temporarily staying or District Child Protection Unit, to provide an escort to accompany the child during travel. (3) The State Government shall make rules to provide for travelling allowance to the escorting staff for the child, which shall be paid in advance. (4) The Committee or the Board, as the case may be, receiving the transferred child will process for restoration or rehabilitation or social re-integration, as provided in this Act. 96. (1) The State Government may at any time, on the recommendation of a Committee or Board, as the case may be, notwithstanding anything contained in this Act, and keepingthe best interest of the child in mind, order the childs transfer from any Childrens Home orspecial home or fit facility or fit person, to a home or facility, within the State with priorintimation to the concerned Committee or the Board: Provided that for transfer of a child between similar home or facility or person within the same district, the Committee or Board, as the case may be, of the said district shall becompetent to issue such an order. (2) If transfer is being ordered by a State Government to an institution outside the State, this shall be done only in consultation with the concerned State Government. (3) The total period of stay of the child in a Childrens Home or a special home shall not be increased by such transfer. (4) Orders passed under sub-sections ( 1) and ( 2) shall be deemed to be operative for the Committee or the Board, as the case may be, of the area to which the child is sent. 97. (1) When a child is kept in a Childrens Home or special home, on a report of a probation officer or social worker or of Government or a voluntary or non-governmentalorganisation, as the case may be, the Committee or the Board may consider, the release ofsuch child, either absolutely or on such conditions as it may think fit to impose, permittingthe child to live with parents or guardian or under the supervision of any authorised personnamed in the order, willing to receive and take charge, educate and train the child, for someuseful trade or calling or to look after the child for rehabilitation: Provided that if a child who has been released conditionally under this section, or the person under whose supervision the child has been placed, fails to fulfil such conditions,the Board or Committee may, if necessary, cause the child to be taken charge of and to beplaced back in the concerned home. (2) If the child has been released on a temporary basis, the time during which the child is not present in the concerned home in pursuance of the permission granted undersub-section ( 1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home: Provided that in case of a child in conflict with law fails to fulfil the conditions set by the Board as mentioned in sub-section ( 1), the time for which he is still liable to be kept in the institution shall be extended by the Board for a period equivalent to the time whichlapses due to such failure. 98. (1) The Committee or the Board, as the case may be, may permit leave of absence to any child, to allow him, on special occasions like examination, marriage of relatives, deathof kith or kin or accident or serious illness of parent or any emergency of like nature, undersupervision, for a period generally not exceeding seven days in one instance, excluding thetime taken in journey. (2) The time during which a child is absent from an institution where he is placed, in pursuance of such permission granted under this section, shall be deemed to be part of thetime for which he is liable to be kept in the Childrens Home or special home. (3) If a child refuses, or has failed to return to the Childrens Home or special home, as the case may be, on the leave period being exhausted or permission being revoked orTransfer ofchild betweenChildrensHomes, orspecial homesor fit facilityor fit personin differentparts of India. Release of a child from aninstitution. Leave of absence to achild placedin aninstitution. 38 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II forfeited, the Board or Committee may, if necessary, cause him to be taken charge of and to be taken back to the concerned home: Provided that when a child in conflict with law has failed to return to the special home on the leave period being exhausted or on permission being revoked or forfeited, the timefor which he is still liable to be kept in the institution shall be extended by the Board for aperiod equivalent to the time which lapses due to such failure. 99. (1) All reports related to the child and considered by the Committee or the Board shall be treated as confidential: Provided that the Committee or the Board, as the case may be, may, if it so thinks fit, communicate the substance thereof to another Committee or Board or to the child or to thechilds parent or guardian, and may give such Committee or the Board or the child or parentor guardian, an opportunity of producing evidence as may be relevant to the matter statedin the report. (2) Notwithstanding anything contained in this Act, the victim shall not be denied access to their case record, orders and relevant papers. 100. No suit, prosecution or other legal proceeding shall lie against the Central Government, or the State Government or any person acting under the directions of theCentral Government or State Government, as the case may be, in respect of anything whichis done in good faith or intended to be done in pursuance of this Act or of any rules orregulations made thereunder. 101. (1) Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of suchorder, prefer an appeal to the Childrens Court, except for decisions by the Committeerelated to Foster Care and Sponsorship After Care for which the appeal shall lie with theDistrict Magistrate: Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied thatthe appellant was prevented by sufficient cause from filing the appeal in time and suchappeal shall be decided within a period of thirty days. (2) An appeal shall lie against an order of the Board passed after making the preliminary assessment into a heinous offence under section 15 of the Act, before the Court of Sessionsand the Court may, while deciding the appeal, take the assistance of experienced psychologistsand medical specialists other than those whose assistance has been obtained by the Boardin passing the order under the said section. (3) No appeal shall lie from, (a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years; or (b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection. (4) No second appeal shall lie from any order of the Court of Session, passed in appeal under this section. (5) Any person aggrieved by an order of the Childrens Court may file an appeal before the High Court in accordance with the procedure specified in the Code of CriminalProcedure, 1973. 102. The High Court may, at any time, either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any Committee orBoard or Childrens Court, or Court has passed an order, for the purpose of satisfying itselfas to the legality or propriety of any such order and may pass such order in relation theretoas it thinks fit: Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.Reports to betreated asconfidential. Protection of action takenin good faith. Appeals. Revision.2 of 1974. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39 103. (1) Save as otherwise expressly provided by this Act, a Committee or a Board while holding any inquiry under any of the provisions of this Act, shall follow such procedureas may be prescribed and subject thereto, shall follow, as far as may be, the procedure laiddown in the Code of Criminal Procedure, 1973 for trial of summons cases. (2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far aspracticable, in accordance with the provisions of the Code of Criminal Procedure, 1973. 104. (1) Without prejudice to the provisions for appeal and revision contained in this Act, the Committee or the Board may, on an application received in this behalf, amend anyorders passed by itself, as to the institution to which a child is to be sent or as to the personunder whose care or supervision a child is to be placed under this Act: Provided that during the course of hearing for amending any such orders, there shall be at least two members of the Board of which one shall be the Principal Magistrate and atleast three members of the Committee and all persons concerned, or their authorisedrepresentatives, whose views shall be heard by the Committee or the Board, as the case maybe, before the said orders are amended. (2) Clerical mistakes in orders passed by the Committee or the Board or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Committeeor the Board, as the case may be, either on its own motion or on an application received inthis behalf. 105. (1) The State Government may create a fund in such name as it thinks fit for the welfare and rehabilitation of the children dealt with under this Act. (2) There shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation. (3) The fund created under sub-section ( 1) shall be administered by the Department of the State Government implementing this Act in such manner and for such purposes asmay be prescribed. 106. Every State Government shall constitute a Child Protection Society for the State and Child Protection Unit for every District, consisting of such officers and other employeesas may be appointed by that Government, to take up matters relating to children with a viewto ensure the implementation of this Act, including the establishment and maintenance ofinstitutions under this Act, notification of competent authorities in relation to the childrenand their rehabilitation and co-ordination with various official and non-official agenciesconcerned and to discharge such other functions as may be prescribed. 107. (1) In every police station, at least one officer, not below the rank of assistant sub-inspector, with aptitude, appropriate training and orientation may be designated as thechild welfare police officer to exclusively deal with children either as victims or perpetrators,in co-ordination with the police, voluntary and non-governmental organisations. (2) To co-ordinate all functions of police related to children, the State Government shall constitute Special Juvenile Police Units in each district and city, headed by a policeofficer not below the rank of a Deputy Superintendent of Police or above and consisting ofall police officers designated under sub-section ( 1) and two social workers having experience of working in the field of child welfare, of whom one shall be a woman. (3) All police officers of the Special Juvenile Police Units shall be provided special training, especially at induction as child welfare police officer, to enable them to performtheir functions more effectively. (4) Special Juvenile Police Unit also includes Railway police dealing with children. 108. The Central Government and every State Government, shall take necessary measures to ensure that (a) the provisions of this Act are given wide publicity through media including television, radio and print media at regular intervals so as to make the general public,children and their parents or guardians aware of such provisions;Procedure ininquiries,appeals andrevisionproceedings. Power of the Committeeor the Boardto amend itsown orders. Juvenile justice fund. State Child ProtectionSociety andDistrict ChildProtectionUnit. Child Welfare Police Officerand SpecialJuvenilePolice Unit.2 of 1974. Public awareness onprovisions ofAct.2 of 1974. 40 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (b) the officers of the Central Government, State Government and other concerned, persons are imparted periodic training on the matters relating to the implementation ofthe provisions of this Act. 109. (1) The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child Rightsconstituted under section 17 (herein referred to as the National Commission or the StateCommission, as the case may be), of the Commissions for Protection of Child rightsAct, 2005, shall, in addition to the functions assigned to them under the said Act, alsomonitor the implementation of the provisions of this Act, in such manner, as may be prescribed. (2) The National Commission or, as the case may be, the State Commission, shall, while inquiring into any matter relating to any offence under this Act, have the same powers as arevested in the National Commission or the State Commission under the Commissions forProtection of Child Rights Act, 2005. (3) The National Commission or, as the case may be, the State Commission, shall also include its activities under this section, in the annual report referred to in section 16 of theCommissions for Protection of Child Rights Act, 2005. 110. (1) The State Government shall, by notification in the Official Gazette, make rules to carry out the purposes of this Act: Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules andwhere any such model rules have been framed in respect of any such matter, they shallapply to the State mutatis mutandis until the rules in respect of that matter are made by the State Government and while making any such rules, they conform to such model rules. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely : (i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause ( vii) of clause ( 14) of section 2; (ii) responsibilities of the Child Welfare Of ficer attached to a Childrens Home under clause ( 18) of section 2; (iii) qualifications of the members of the Board under sub-section ( 2) of section 4; (iv) induction training and sensitisation of all members of the Board under sub-section ( 5) of section 4; (v) term of office of the members of the Board and the manner in which such member may resign under sub-section ( 6) of section 4; (vi) time of the meetings of the Board and the rules of procedure in regard to the transaction of business at its meeting under sub-section ( 1) of section 7; (vii) qualifications, experience and payment of fees of an interpreter or transl
under sub-section ( 1) of section 7; (vii) qualifications, experience and payment of fees of an interpreter or translator under clause ( d) of sub-section ( 3) of section 8; (viii) any other function of the Board under clause ( n) of sub-section ( 3) of section 8; (ix) persons through whom any child alleged to be in conflict with law may be produced before the Board and the manner in which such a child may be sent to anobservation home or place of safety under sub-section ( 2) of section 10; (x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until suchperson is brought before a Board under sub-section ( 2) of section 12;Power to make rules.Monitoring of implementationof Act. 4 of 2006. 4 of 2006. 4 of 2006. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 41 (xi) format for information on pendency in the Board to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and District Magistrate on quarterlybasis under sub-section ( 3) of section 16; (xii) monitoring procedures and list of monitoring authorities under sub-section (2) of section 20; (xiii) manner in which the relevant records of the child may be destroyed by the Board, police or the court under sub-section ( 2) of section 24; (xiv) qualifications of the members of the Child Welfare Committee under sub- section ( 5) of section 27; (xv) rules and procedures with regard to transaction of business at the meetings of the Child Welfare Committee under sub-section ( 1) of section 28; (xvi) process of restoration of abandoned or lost children to their families under clause ( x) of section 30; (xvii) manner of submitting the report to the Committee and the manner of sending and entrusting the child to Childrens Home or fit facility or fit person undersub-section ( 2) of section 31; (xviii) manner of holding an inquiry by the Child Welfare Committee under sub- section ( 1) of section 36; (xix) manner in which a child may be sent to a Specialised Adoption Agency if the child is below six years of age, Childrens Home or to a fit facility or person or fosterfamily, till suitable means of rehabilitation are found for the child including manner inwhich situation of the child placed in a Childrens Home or with a fit facility or personor foster family, may be reviewed by the Committee under sub-section ( 3) of section 36; (xx) manner in which a quarterly report may be submitted by the Committee to the District Magistrate for review of pendency of cases under sub-section ( 4) of section 36; (xxi) any other order related to any other function of the Committee under clause ( iii) of sub-section ( 2) of section 37; (xxii) information to be given every month by the Committee to State Agency and Authority regarding number of children declared legally free for adoption andnumber of cases pending under sub-section ( 5) of section 38; (xxiii) manner in which all institutions under this Act shall be registered under sub-section ( 1) of section 41; (xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and re-integration services under sub-section ( 7) of section 41; (xxv) manner in which information shall be sent every month by the open shelter to the District Child Protection Unit and Committee under sub-section ( 3) of section 43; (xxvi) procedure for placing children in foster care including group foster care under sub-section ( 1) of section 44; (xxvii) procedure for inspection of children in foster care under sub-section ( 4) of section 44; (xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section ( 6) of section 44; (xxix) procedure and criteria in which foster care services shall be provided to children under sub-section ( 7) of section 44; 42 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II (xxx) format for inspection of foster families by the Committee to check the well being of children under sub-section ( 8) of section 44; (xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or communitysponsorship under sub-section ( 1) of section 45; (xxxii) duration of sponsorship under sub-section ( 3) of section 45; (xxxiii) manner of providing financial support to any child leaving institutional care on completing eighteen years of age under section 46; (xxxiv) management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation andsocial integration of a child alleged to be in conflict with law and the circumstancesunder which, and the manner in which, the registration of an observation home may begranted or withdrawn under sub-section ( 3) of section 47; (xxxv) management and monitoring of special homes including the standards and various types of services to be provided to them under sub-section ( 2) and sub-section ( 3) of section 48; (xxxvi) monitoring and management of childrens homes including the standards and the nature of services to be provided by them, based on individual care plans foreach child under sub-section ( 3) of section 50; (xxxvii) manner in which a Board or the Committee shall recognise, a facility being run by a Governmental organisation or a voluntary or non-governmentalorganisation registered under any law for the time being in force, fit to temporarily takethe responsibility of a child for a specific purpose after due inquiry regarding thesuitability of the facility and the organisation to take care of the child undersub-section ( 1) of section 51; (xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for aspecified period by the Board or the Committee under sub-section ( 1) of section 52; (xxxix) manner in which services shall be provided by an institution under this Act for rehabilitation and re-integration of children and standards for basic requirementssuch as food, shelter, clothing and medical attention under sub-section ( 1) of section 53; (xl) manner in which Management Committee shall be set up by each institution for management of the institution and monitoring of the progress of every child undersub-section ( 2) of section 53; (xli) activities that may be taken up by childrens committees under sub-section (3) of section 53; (xlii) appointment of inspection committees for all institutions registered or recognised fit, for the State and district under sub-section ( 1) of section 54; (xliii) manner in which Central Government or State Government may independently evaluate the functioning of the Board, Committee, special juvenile policeunits, registered institutions, or recognised fit facilities and persons, including theperiod and through persons or institutions under sub-section ( 1) of section 55; (xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub-section ( 2) of section 66; (xlv) any other function of the Authority under clause ( e) of section 68; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 43 (xlvi) criteria for the selection or nomination of the Members of the Steering Committee of the Authority and their tenure as well as the terms and conditions of their appointment under sub-section ( 2) of section 69; (xlvii) manner in which Steering Committee of the Authority shall meet under sub-section ( 4) of section 69; (xlviii) manner in which the Authority shall submit an annual report to the Central Government under sub-section ( 1) of section 71; (xlix) functions of the Authority under sub-section ( 2) of section 72; (l) manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section ( 1) of section 73; (li) period that the Committee or Board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 92; (lii) procedure for transfer of child under sub-section ( 1) of section 95; (liii) provision for travelling allowance to the escorting staff for the child under sub-section ( 3) of section 95; (liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub-section ( 1) of section 103; (lv) manner in which juvenile justice fund shall be administered under sub-section ( 3) of section 105; (lvi) functioning of the Child Protection Society for the State and Child Protection Units for every district under section 106; (lvii) to enable the National Commission, or as the case may be, the State Commission to monitor implementation of the provisions of this Act under sub-section (1) of section 109; (lviii) any other matter which is required to be, or may be, prescribed. (3) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total periodof thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be,so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. 111. (1) The Juvenile Justice (Care and Protection of Children) Act, 2000 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act. 112. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:Repeal and savings. Power to removedifficulties.56 of 2000. Provided that no such order shall be made after the expiry of the period of two years from the commencement of this Act. (2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. DR. G. NARAYANA RAJU, Secretary to the Govt. of India. GMGIPMRND3980GI(S3)02-01-2016.PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI2015.44 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II SEC. 1]
THE WAQF ACT, 1995 ACT NO. 43 OF 1995 [22nd November , 1995 .] An Act to provide for the better administration of 1[Auqaf] and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty -sixth Year of th e Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be called the 2[Waqf] Act, 1995. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force in a State on such date3 as the Central Government may, by notification in the Official Gazette, appoint ; and different dates may be appointed for different areas within a State and for different provisions of this Act, and any reference in any provision to the commencement of this Act, shall , in relation to any State or area therein, be construed as reference to the commencement of that provision in such State or area. 2. Application of the Act .Save as otherwise expressly provided under this Act, this Act shall apply to all 1[auqaf ] whether created before or after the commencement of this Act: Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 (36 of 1955) applies. 3. Definition s.In this Act, unless the con text otherwise requires , (a) beneficiary means a person or object for whose benefit a 2[waqf] is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law: (b) benefit does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (c) Board means a Board of 2[Waqf] established under sub -section ( 1), or as the case may be, under sub -section ( 2) of section 13 and shall include a common 2[Waqf] Board established under section 106; (d) Chief Executive Officer means the Chief Executive Officer appointed under sub-section ( 1) of section 23 ; (e) Council means the Central 2[Waqf] Council established under section 9 ; 4[(ee) encroacher means any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board; ] (f) Executive Officer means the Executive Officer appointed by the Board under sub-section ( 1) of section 3 8; 5[(g) list of auqaf means the list of auqaf published under sub -section ( 2) of section 5 or contained in the register of auq af maintained under section 37; ] (h) member means a member of the Board and includes the Chairperson; 1. Subs. by Act 27 of 2013, s. 2, for wakfs (w.e.f. 1 -11-2013). 2. Subs. by s. 3, ibid., for wakf (w.e.f. 1 -11-2013). 3. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27 th December, 1995, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 4. Ins. by s. 5, ibid. (w.e.f. 1 -11-2013). 5. Subs. by s. 5, ibid., for clause ( g) (w.e.f. 1 -11-2013). 6 (i) mutawalli means any person appointed, either verbally or under any deed or instrument by which a 1[waqf] has been created, or by a competent authority, to be the mutawalli of a 1[waqf] and includes any person who is a mutawalli of a 1[waqf] by virtue of any custom or who is a naib-mutawalli, kha ndim, mujawar, sajjadanashin, amin or oth er person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being, managing or administering an y 1[waqf] or 1[waqf] property: Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office -bearer of such committee or corporation : 2[Provided further that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed: Provided also that in case a waqf has specified any qualifications, such qualifications may be provided in the rules as may be made by the State Government; ] (j) net annual income, in relation to a 1[waqf] , means net annual income determined in accordance with the provisions of the Explanations to sub -section ( 1) of section 72 ; (k) person interested in a 1[waqf] means any pe rson who is entitled to receive any pecuniary or other bene fits from the 1[waqf] and includes (i) any person who has a right to 3[offer prayer] or to perform any religious rite in a mosque, idgah, imambara,dargah, 4[khanqah, peerkhana and karbala] , maqbara, graveyard or any other religious institution connected with the 1[waqf] or to participate in any religious or charitable institution under the 1[waqf] ; (ii) the 5[waqif] and any descendant of the 5[waqif] and the mutawalli; (l) prescribed, except in Chapter III, means prescribed by rules made by the State Governments; (m) regulations means the regulations made by the Board under this Act; (n) Shia 1[waqf] means a 1[waqf] governed by Shia Law; (o) Sunni 1[waqf] means a 1[waqf] governed by Sunni Law; (p) Survey Commissioner means the Survey Commissioner of 1[Waqf] appointed under sub-section ( 1) of section 4 and includes any Additional or Assistant Survey Commissioners of 6[Auqaf] under sub -section ( 2) of section 4; (q) Tribunal, in relation to any area, means the Tribunal constit uted under sub-section ( 1) of section 83, having jurisdiction in relation to that area; 7[(r) waqf means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and inclu des (i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser; (ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record; (iii) grants, including mashrat -ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Ins. by s. 5, ibid. (w.e.f. 1 -11-2013). 3. Subs. by s. 5, ibid., for worship (w.e.f. 1 -11-2013). 4. Subs. by s. 5, ibid., for khangah (w.e.f. 1 -11-2013). 5. Subs. by s. 4, ibid., for wakif (w.e.f. 1 -11-2013). 6. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 7. Subs. by s. 5, ibid., for clause ( r) (w.e.f. 1 -11-2013). 7 (iv) a waqf -alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and s uch other purposes as recognised by Muslim law, and waqif means any person making such dedication ;] (s) 1[waqf] deed means any deed or instrument by which a 1[waqf] has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied; (t) 1[Waqf] Fund means a 1[waqf] fund formed under sub-section ( 1) of section 77 . CHAPTER II SURVEY OF 2[AUQAF] 4. Pr eliminary survey of 2[auqaf] .(1) The State Government may, by notification in the Official Gazette, appoint for the State a Survey Commissioner of 2[Auqaf] and as many Additional or Assistant Survey Commissioners of 2[Auqaf] as may be necessary for the purpose of making a survey of 3[auqaf in the State ]. 4[(1A) Every State Government shall maintain a list of auqaf referred to in sub -section ( 1) and the survey of auqaf shall be completed within a period of one year from the da te of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013) , in case such survey was not done before the commencement of the Wakf (Amendment) Act, 2013: Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissioner for auqaf shall be appointed within three months from the date of such commencement.] (2) All Additional and Assistant Survey Commissioner of 2[Auqaf] shall perform their functions under this Act under the general supervision and control of the Survey Commissioner of 2[Auqaf] . (3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit his report, in respect of 2[auqaf] existing at the date of the commencement of this Act in the State or any part thereof, to the State Government containing the following particulars, namely: (a) the number of 2[auqaf] in the State showing the Shia 2[auqaf] and Sunni 2[auqaf] separate ly; (b) the nature and objects of each 1[waqf] ; (c) the gross income of the property comprised in each 1[waqf] ; (d) the amount of land revenue, cesses, rates and taxes payable in respect of each 1[waqf] ; (e) the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each 1[waqf] ; and (f) such other particulars relating to each 1[waqf] as may be prescribed. (4) The Survey Commissioner shall, while making any i nquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: (a) summoning and examining any witness; (b) requiring the discovery and production of any document; (c) requisitioning any public record from any court or office; (d) issuing commissions for the examination of any witness or accounts; (e) making any local inspection or local investigation; (f) such other matters as may be prescribed. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 3. Subs. by s. 6, ibid., for wakfs existing in the State at the date of the commencement of this Act (w.e.f. 1 -11-2013). 4. Ins. by s. 6, ibid. (w.e.f. 1 -11-2013). 8 (5) If, du ring any such inquiry, any dispute arises as to whether a particular 1[waqf] is a Shia 1[waqf] or Sunni 1[waqf] and there are clear indications in the deed of 1[waqf] as to its nature, the dispute shall be decided on the basis of such deed. (6) The State Government may, by notification in the Official Gazette, direct the Survey Commissioner to make a second or subsequent survey of 1[waqf ] properties in the State and the provisions of sub -sections ( 2), (3), (4) and ( 5) shall apply to such survey as they apply to a survey directed under sub -section ( 1): Provided that no such second or subsequent survey shall be made until the expiry of a period of 2[ten years ] from the date on which the report in relation to the immediately previous sur vey was submitted under sub -section ( 3): 3[Provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law. ] 5. Public ation of list of 4[auqaf] .(1) On receipt of a report under sub-section (3) of s ection 4 , the State Government shall forward a copy of the same to the Board. (2) The Board shall examine the report forwarded to it under sub -section ( 1) and 5[fordward it back to the Government within a period of six months for publi cation in the Official Gazette ] a list of Sunni 4[auqaf] or Shia 4[auqaf] in the State, whether in existence at the commencement of this Act or coming into existence thereafter, to which the report relates, and containing such other particulars as may be prescribed. 6[(3) The revenue authorities shall (i) include the list of auqaf referred to in sub -section ( 2), while updating
[(3) The revenue authorities shall (i) include the list of auqaf referred to in sub -section ( 2), while updating the land records; and (ii) take into consideration the list of auqaf referred to in sub -section ( 2), while deciding mutation in the land records. (4) The State Government shall maintain a record of the lists publishe d under sub -section ( 2) from time to time. ] 6. Dis putes regarding 4[auqaf] .(1) If any question arises whether a particular property specified as 1[waqf] property in the list of 4[auqaf] is 1[waqf] property or not or whether a 1[waqf] specified in such list is a Shia 1[waqf] or Sunni 1[waqf] , the Board or the mutawalli of the 1[waqf] or 7[any person aggrieved] may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final: Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of 4[auqaf] : 8[Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub -section ( 6) of section 4. ] 9* * * * * (2) Notwithstanding anything contained in sub -section ( 1), no proceeding under this Act in respect of any 1[waqf] shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. 1. Subs. by Act 2 7 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 6, ibid., for twenty years (w.e. f. 1-11-2013). 3. Ins. by s. 6, ibid. (w.e.f. 1 -11-2013). 4. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 5. Subs. by s. 7, ibid., for publish in the Official Gazette (w.e.f. 1 -11-2013). 6. Ins. by s. 7, ibid. (w.e.f. 1 -11-2013). 7. Subs. by s. 8, ibid., for any person interested therein (w.e.f. 1 -11-2013). 8. Ins. by s. 8, ibid. (w.e.f. 1 -11-2013). 9. The Explanation omitted by s. 8, ibid.(w.e.f. 1 -11-2013). 9 (3) The Survey Commissioner shall not be made a party to any suit under sub -section ( 1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. (4) The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under sub-section ( 1), be final and conclusive. (5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub -section ( 1). 7. Power of Tribunal to determine disputes regarding 1[auqaf] .(1) If, after the commencement of this Act, 2[any question or dispute] arises, whether a particular property specified as 3[waqf] property in a list of 1[auqaf] is 3[waqf] property or not, or whether a 3[waqf] specified in such list is a Shia 3[waqf] or a Sunni 3[waqf] , the Board or the mutawalli of the 3[waqf] , 4[or any person aggrieved by the publication of the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final: Provided that (a) in the case of the list of 1[auqaf] relating to any part of t he State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of 1[auqaf] ; and (b) in the case of the list of 1[auqaf] relating to any part of the St ate and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement: Provided further that where any such ques tion has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re -open such question. (2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub -section ( 5), no proceeding under this section in respect of any 3[waqf] shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. (3) The Chief Executive Officer shall not be made a party to any application under sub -section ( 1). (4) The list of 1[auqaf] and where any such list is modified in pursuance of a decision of the Tribunal under sub -section ( 1), the list as so modified, shall be final. (5) The Tribunal shall not have jurisdiction to determine any matter which is the subject -matter of any suit or proceeding instituted or commenced in a civil court under sub-section ( 1) of section 6 , before the commencement of the Act or which is the subject -matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. 5[(6) The Tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf prope rty and to recover the damages as arrears of land revenue through the Collector: Provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence. ] 6[8. State Government to bear cost of survey .The total cost of making a survey including the cost of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government. ] 1. Subs. by Act 2 7 of 2013, s. 4, for wakf s (w.e.f. 1 -11-2013). 2. Subs. by s. 9, ibid., for any question (w.e.f. 1 -11-2013). 3. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 4. Subs. by s. 9, ibid., for or any person interested (w.e.f. 1 -11-2013). 5. Ins. by s. 9, ibid. (w.e.f. 1 -11-2013). 6. Subs. by s. 10, ibid., for section 8 (w.e.f. 1 -11-2013). 10 CHAPTER III CENTRAL 1[WAQF] COUNCIL 9. Establishment and constitution of Central 1[Waqf] Council .2[(1) The Central Government may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for the purpose of advising the Central Government, the State Governments and the Boards on matters concerning the working of Boards and the due administ ration of auqaf. (1A) The Council referred to in sub -section ( 1) shall issue directives to the Boards, on such issues and in such manner, as provided under sub -sections ( 4) and ( 5).] (2) The Council shall consist of (a) the Union Minister in -charge of 1[waqf]ex officio Chairperson; (b) the following members to be appointed by the Central Governmen t from amongst Muslims, namely: (i) three persons to represent Muslim organisations having all India character and national importance; 3[(ii) four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine; ] (iii) three Members of Parliament of whom two shall be from the House of the People and one from the Council of States; (iv) Chairpersons of three Boards by rotation; (v) two persons who have been Judges of the Supreme Court or a High Court; (vi) one Advocate of national eminence; (vii) one person to represent the mutawallis of the 1[waqf] having a gross annual income of rupees five lakhs and above; (viii) three persons who are eminent scholars in Muslim Law: 4[Provided that at least two of the members appointed under sub -clauses ( i) to ( viii) shall be women. ] (3) The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the Council sh all be such as may be, prescribed by rules made by the Central Government. 4[(4) The State Government or, as the case may be, the Board, shall furnish information to the Council on the performance of Waqf Boards in the State, particularly on their financia l performance, survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and audit reports in the manner and time as may be specified by the Council and it may suo motu call for information on specific issues from the Board, if it is satisfied that there was prima facie evidence of irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or violation of the Act is established, it may issue such directive, as cons idered appropriate, which shall be complied with by the concerned Board under intimation to the concerned State Government. (5) Any dispute arising out of a directive issued by the Council under sub -section ( 4) shall be referred to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and other allowances payable to the Presiding Officer shall be such as may be sp ecified by that Government. ] 1. Subs. by Act 2 7 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 11, ibid., for sub-section ( 1) (w.e.f. 1 -11-2013). 3. Subs. by s. 11, ibid., for sub-clause ( ii) (w.e.f. 1 -11-2013). 4. Ins. by s. 11, ibid. (w.e. f. 1-11-2013). 11 10. Finance of Council .(1) Every Board shall pay from its 1[Waqf] Fund annually to the Council such contribution a s is equivalent to one per cent. of the aggregate of the net annual income of the 2[auqaf] in respect of which contribution is payable under sub-section ( 1) of section 72 : Provided that where the Board, in the case of any particular 1[waqf] has remitted under sub-section ( 2) of section 72 the whole of the contribution payable to it under sub-section (1) of that section, then for calculating the contribution payable to the Council under this section the net annual income of the 1[waqf] in respect of which such remission has been granted shal l not be taken into account. (2) All monies received by the Council under sub -section ( 1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central 1[Waqf] Fund. (3) Subject to any rules that may be made by the Central Government in this behalf, the Central 1[Waqf] Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit. 11. Accounts and audit .(1) The Council s hall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central Government. (2) The accounts of the Council shall be audited and examined annual ly by such auditor as may be appointed by the Central Government. (3) The costs of the audit shall be paid from the Central 1[Waqf] Fund. 12. Power of Central Government to make rules .(1) The Central Government may , by notification in the Official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the f ollowing matters, namely: (a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council; (b) control over and application of the Central 1[Waqf] Fund; (c) the form and manner in which accounts of the Council may be maintained. (3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, befo re each House of Parliament, while it is in session for a total period of third days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule. CHAPTER IV ESTABLISHMENT
prejudice to the validity of anything previously done under the rule. CHAPTER IV ESTABLISHMENT OF BOARDS AND THEIR FUNC TIONS 13. Incorporation .(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Board of 2[Auqaf] under such name as may b e specified in the notification: 3[Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the time being in force, be established within six months from the date of comme ncement of the Wakf (Amendment) Act, 2013 (27 of 2013) .] 1. Subs. by Act 2 7 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf s (w.e.f. 1 -11-2013). 3. Ins. by s. 12, ibid. (w.e.f. 1 -11-2013). 12 (2) Notwithstanding anything contained in sub -section ( 1), if the Shia 1[auqaf] in any State constitute in number more than fifteen per cent . of all the 1[auqaf] in the State or if the income of the properties of the Shia 1[auqaf] in the State constitutes more than fifteen per cent . of the total income of properties of all the 1[auqaf] in the State, the State Government may, by notification in the Official Gazette , establish a Board of 1[Auqaf] each for Sunni 1[auqaf] and for Shia 1[auqaf] under such names as may be specified in the notification. 2[(2A) Where a Board of Waqf is established under sub -section ( 2) of section 13, in the case of Shia waqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shall belong to the Sunni Muslim. ] (3) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued. 14. Composition of Board .(1) The Board for a State and 3[the National Capital Territory of Delhi ] shall consist of (a) a Chairperson; (b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consi sting of (i) Muslim Members of Parliament from the State or, as the case may be, 3[the National Capital Terri tory of Delhi ]; (ii) Muslim Members of the State Legislature; 4[(iii) Muslim members of the Bar Council of the concerned State or Union territory: Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory, and ] (iv) mutawallis of the 1[auqaf] having an annual income of rupees one lakh and above . 5[Explanation I .For the removal of doubts, it is hereby declared that the members from categories mentioned in sub -clauses ( i) to ( iv), shall be elected from the electoral college constituted for each category. Explanation II .For the removal of doubts it is hereby declared that in case a Muslim member ceases to be a Member of Parliament from the State or National Capital Territory of Delhi as referred to in sub -clause ( i) of claus e (b) or ceases to be a Member of the State Legislative Assembly as required under sub -clause ( ii) of clause ( b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be; ] 6[(c) one person from amongst Muslims, who has pr ofessional experience in town planning or business management, social work, finance or revenue, agriculture and development activities, to be nominated by the State Government; (d) one person each from amongst Muslims, to be nominated by the State Governme nt from recognised scholars in Shia and Sunni Islamic Theology; (e) one person from amongst Muslims, to be nominated by the State Government from amongst the officers of the State Government not below the rank of Joint Secretary to the State Government; ] 1. Subs. by Act 2 7 of 2013, s. 4, for wakf s (w.e.f. 1 -11-2013). 2. Ins. by s. 12, ibid. (w.e.f. 1 -11-2013). 3. Subs. by s. 13, ibid., for the Union territory of Delhi (w.e.f. 1 -11-2013). 4. Subs. by s. 13, ibid., for sub-clause ( iii) (w.e.f. 1 -11-2013). 5. Ins. by s. 13, ibid. (w.e.f. 1 -11-2013) . 6. Subs. by s. 13, ibid., for clauses ( c), (d) and ( e) (w.e.f. 1 -11-2013). 13 1[(1A) No Minister of the Central Government or, as the case may be, a State Government, shall be elected or nominated as a member of the Board: Provided that in case of a Union territory, the Board shall consist of not less than five and not more than seve n members to be appointed by the Central Government from categories specified under sub -clauses ( i) to ( iv) of clause ( b) or clauses ( c) to ( e) in sub -section ( 1): Provided further that at least two Members appoint ed on the Board shall be women: Provided a lso that in every case where the system of mutawalli exists, there shall be one mutawal li as the member of the Board.] (2) Electi on of the members specified in c lause ( b) of sub -section ( 1) shall be held in accordance with the system of proportional repres entation by means of a single transferable vote, in such manner as may be prescribed : Provided that where the number of Muslim Members of Parliament, the State Legislature or the State Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected on the Board: Provided further that where there are no Muslim Members in any of the categories mentioned in sub-clauses ( i) to ( iii) of clause ( b) of sub-section ( 1) the ex -Muslim Members of Parliament, the State Legislature or ex -member of the State Bar Council, as the case may be, shall constitute the electoral college. (3) Notwithstanding anything contained in this section, where the State Government is satisfied , for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in sub -clauses ( i) to ( iii) of c lause ( b) of sub -section ( 1), the State Government may nomina te such persons as the members of the Board as it deems fit. (4) The number of elected members of the Board shall, at all times , be more than the nominated members of the Board except as provided under sub -section ( 3). 2* * * * * (6) In determining the number of Shia members or Sunni members of the Board, the State Government shall have regard to the number and value of Shia 3[auqaf] and Sunni 3[auqaf] to be administered by the Board and appointment of the members shall be made, so f ar as may be, in accordance with such determination. 2* * * * * (8) Whenever the Board is constituted or reconstituted, the members of the Board present at a meeting convened for the purpose shall elect one from amongst themselves as the Chairperso n of the Board. (9) The members of the Board shall be appointed by the State Government by notification in the Official Gazette. 15. Term of office .The members of the Board shall hold office for a term of five years 4[from the date of notification referred to in sub -section (9) of section 14] . 16. Disqualification for being appointed, or for continuing as, a member of the Board .A person shall be disqualified for being appointed, or for continui ng as, a member of the Board if (a) he is not a Muslim and is less than twenty -one years of age; (b) he is found to be a person of unsound mind; (c) he is an undischarged insolvent; (d) he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been g ranted full pardon in respect of such offence; 1. Ins. by Act 2 7 of 2013, s. 13 (w.e.f. 1 -11-2913). 2. Sub-sections ( 5) and ( 7) omitted by s. 13, ibid. (w.e.f. 1 -11-2013). 3. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 4. Ins. by s. 14, ibid. (w.e.f. 1 -11-2013). 14 1[(da) he has been held guilty of encroachment on any waqf p roperty;] (e) he h as been on a previous occasion (i) removed from his office as a member or as a mutawalli, or (ii) removed by an order of a competent court or tribunal from any position of trust either for mismanagement or for corruption. ] 17. Meetings of the Board .(1) The Board shall meet for the transaction of business at such time and places as may be provided by regulations. (2) The Chairperson, or in his absence, any member chosen by the members from amongst themselves shall preside at a meeting of the Board. (3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided by a majo rity of votes of the members present, and in the case of equality of votes, the Chairperson or, in his absence, any other person presiding shall have a second or casting vote. 18. Committees of the Board .(1) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of 2[auqaf] . (2) The Constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board: Provided that it shall not be necessary for the members of such committees to be members of the Board. 19. Resignation of Chairperson and members .The Chairperson or any other member may resign his office by writing under his hand addressed to the State Government: Provided that the Chairperson or the member shall continue in office until the appointment of his successor is notified in the Official Gazette. 20. Removal of Chairperson and member .(1) The State Government may, by notification in the Official Gazette, remove the Chairperson of the Bo ard or any member thereof if he (a) is or becomes subject to any disqualifications specified in section 16 ; or (b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the 2[auqaf] ; or (c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without sufficient excuse. (2) Where the Chairperson of the Board is removed under sub -section ( 1), he shall also cease to be a member of the Board. 3[20A. Removal of Chairperson by vote of no confidence .Without prejudice to the provisions of section 20, the Chairperson of a Board may be removed by vote of no confidence in the following manner, nam ely: (a) no resolution expressing a vote of confidence or no confidence in any person elected as Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not elapsed after the date of his election as a Chairperson and be removed except with the prior perm ission of the State Government; (b) notice for no confidence shall be addr essed to the State Government stating clearly the grounds on which such motion is proposed to be moved and shall be signed by at least half the total members of the Board; 1. Ins. by Act 2 7 of 2013, s. 15 (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 3. Ins. by s. 1 6, ibid. (w.e.f. 1 -11-2013). 15 (c) at least three members of the Board signing the notice of no confidence shall pe rsonally present to the State Government, the notice together with an affidavit signed by them to the effect that the signatures on no confidence motion are genuine and have been made by the signatories after hearing or reading the contents of the notice; (d) on receipt of the notice of no confidence, as provided hereinabove, the State Government shall fix such time, date and place as may be considered suitable for holding a meeting for the purpose of the proposed no confidence motion: Provided that at leas t fifteen days notice sha ll be given for such a meeting; (e) notice for meeting under clause ( d) shall also provide that in the event of no confidence motion being duly carried on or, election of the new Chairperson, as the case may be, shall al so be held in the same meeting; (f) the State Government shall also nominate a Gazetted Officer (other than an officer of the department which is concerned with the supervision and administration of the Board) to act as presiding officer of the meeting in which the r esolution for no confidence shall be considered; (g) the quorum for such a meeting of the Board shall be one -half of the total number of members of the Board; (h) the resolution for no confidence shall be deemed to be carried out, if passed by a simple majority of the members present; (i) if a resolution for no confidence is carried out
be carried out, if passed by a simple majority of the members present; (i) if a resolution for no confidence is carried out, the Chairperson shall cease to hold office forthwith and shall be succeeded by his successor who shall be elected by another resolution in the same meeting; (j) electio n of the new Chairperson shall be conducted under clause ( i), in the meeting under the chairmanship of the said presiding officer referred to in clause ( f), in the following manner, namely: (A) Chairperson shall be elected from amongst the elected member s of the Board; (B) nomination of candidates shall be proposed and seconded in the meeting itself and election after withdrawal, if any, shall be held by method of secret ballot; (C) election shall be held by simple majority of the members present in the meeting and in case of equality of votes, the matter shall be decided by drawing of lots; and (D) proceedings of the meeting shall be signed by the presiding officer; (k) new Chairperson elected under clause ( h) shall hold the office only up to the remainder of the term of the Chairperson removed by the resolution of no confidence; and (l) if the motion for passing the resolution of no confidence fails for want of quorum or lack of requisite majority at the meeting, no subsequent meeting for conside ring the motion of no confidence shall be held within six months of the date of the previous meeting.] 21. Filling of a vacancy .When the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be appointed in hi s place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred. 22. Vacancies , etc., not to invalidate proceedings of the Board .No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect in the constitution thereof. 23. Appointment of Chief Executive Officer and his term of office and other conditions of service .1[(1)There shall be a full -time Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the State Government, by notification in the Official Gazette, from a panel of two names suggested by the Board and who shall not be below the r ank of Deputy Secretary to the State 1. Subs. by Act 2 7 of 2013, s. 1 7, for sub -section ( 1) (w.e.f. 1 -11-2013). 16 Government, and in case of non -availability of a Muslim officer of that rank, a Muslim officer of equivalent rank may be appointed on deputation. ] (2) The term of office and other conditions of service of the Chief Exec utive Officer shall be such as may be prescribed. (3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board. 24. Officers and other employees of the Board .(1) The Board shall have the assistance of such number of officers and other employees as may be necessary for the efficient performance of its functions under this Act, details thereof shall be determined by the Board in consultation with the State Government. (2) The appointmen t of officers and other employees, their term of office and conditions of service shall be such as may be provided by regulations. 25. Duties and powers of Chief Executive Officer .(1) Subject to the provisions of this Act and of the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall include (a) investigating the nature and extent of 1[auqaf] and 2[waqf] properties and calling whenever necessary, an inventory of 2[waqf] properties and calling, from time to time, for accounts, returns and information from mutawallis; (b) inspecting or causing inspection of 2[waqf] properties and accounts, records, deeds or documents relating thereto; (c) doing generally of such acts as ma y be necessary for the control, maintenance and superintendence of 1[auqaf] . (2) In exercising the powers of giving directions under sub -section ( 1) in respect of any 2[waqf] , the Board shall act in conformity with the directions by the 2[waqf] in the dee d of the 2[waqf] , the purpose of 2[waqf] and such usage and customs of the 2[waqf] as are sanctioned by the school of Muslim law to which the 2[waqf] belongs. (3) Save as otherwise expressly provided in this Act, the Chief Executive Officer shall exercise such powers and perform such duties as may be assigned to him or delegated to him under this Act. 26. Powers of Chief Executive officer in respect of orders or resolutions of Board .Where the Chief Executive Officer considers that an order or resolution passed by the Board (a) has not been passed in accordance with the law; or (b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by any other law; or (c) if implemented, is likely to (i) cause financi al loss to the Board or to the concerned 2[waqf] or to the 1[auqaf] generally; or (ii) lead to a riot or breach of peace; or (iii) cause danger to human life, health or safety; or (d) is not beneficial to the Board or to any 2[waqf] or to 1[auqaf] generally, he may, before implementing such order or resolution, place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the m embers present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the decision of the State Government thereon shall be final. 1. Subs. by Act 27 of 2013, s. 4, for wakfs (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 17 1[27. Delegation of powers by the Board .The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and functions of the Board mentioned under clauses ( c), (d), (g) and ( j) of sub -section ( 2) of section 32 and section 110. ] 2[28. Power of District Magistrate, Additional Distric t Magistrate or Sub -Divisional Magistrate to implement the directions of the Board. Subject to the provisions of this Act and the rules made thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub -Divisional Magistrat e of a District in the State shall be responsible for implementation of the decisions of the Board which may be conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implemen tation of its decisions. ] 29. Powers of Chief Executive Officer to inspect records, registers, etc .3[(1)] The Chief Executive Officer or any officer of the Board duly authorised by him in this behalf shall, 4[subject to such conditions as may be prescribed ], be entitled at all reasonable time to inspect, in any public office, any records, registers or other documents relating to a 5[waqf] , or movable or immovable properties which are 5[waqf] properties or are claimed to be 5[waqf] properties. 6[(2) The mutawalli or any other person having the custody of any document related to waqf properties shall produce the same, within the prescribed period, before the Chief Executive Officer on being called upon to do so in writing. (3) Subject to such condi tions as may be prescribed, an agency of the Government or any other organisation shall supply, within ten working days, copies of the records, registers of properties or other documents relating to waqf properties or claimed to be waqf properties, to the Chief Executive Officer on a written request to this effect from him: Provided that before taking any course of action as mentioned in sub -sections ( 2) and ( 3), the Chief Executive Officer shall obtain approval of the Board.] 30. Inspection of records .(1) The Board may allow inspection of its proceedings or other records in its custody and issue copies of the same on payment of such fees and subject to such conditions as may be prescribed. (2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board in the manner provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872). (3) The powers conferred on the Chief Executive Officer by sub -section ( 2) may be exercised by such other officer or officers of the Board as may either generally or specially be authorised in this behalf by the Board. 31. Prevention of disqualification for membership of Parliament .It is hereby declared that the offices of the Chairperson or member of a B oard shall not be disqualified and shall be deemed never to have been disqualified for being chosen as, or for being, a Member of Parliament 7[or a Member of Union territory Legislature or a Member of a State Legislature if so declared under a law made by the appropriate State Legislature ]. 32. Powers and function s of the Board .(1) Subject to any rules that may be made under this Act, the general superintendence of all 8[auqaf] in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the 8[auqaf] under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such 8[auqaf] were created or intended: 1. Subs. by Act 27 of 2013, s. 18, for section 27 (w.e.f. 1 -11-2013). 2. Subs. by s. 19, ibid., for section 28 (w.e.f. 1 -11-2013). 3. S. 29 numbered as sub -section ( 1) thereof by s. 20 , ibid. (w.e.f. 1 -11-2013). 4. Subs. by s. 20, ibid., for certain words (w.e.f.1 -11-2013). 5. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 6. Ins. by s. 20, ibid. (w.e.f. 1 -11-2013). 7. Ins. by s. 21 , ibid. (w.e.f. 1 -11-2013). 8. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 18 Provided that in exercising its powers under this Act in respect of any 1[waqf] , the Board shall act in conformity with the directions of the 2[waqif] , the purposes of the 1[waqf] and any usage or custom of the 1[waqf] sanctioned by the school of Muslim law to which the 1[waqf] belongs. Explanation .For the removal of doubts, it is hereby declared that in this sub -section, 1[waqf] includes a 1[waqf] in relation to which a ny scheme has been made by any c ourt of law, whether before or after the commencement of this Act. (2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be (a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every 1[waqf] ; (b) to ensure that t he income and other property of 3[auqaf] are applied to the objects and for the purposes for which such 3[auqaf] were intended or created; (c) to give directions for the administration of 3[auqaf] ; (d) to settle schemes of management for a 1[waqf] : Provided that no such settlement shall be made without giving the parties affected an opportunity of being heard; (e) to direct (i) the utilisation of the surplus income of a 1[waqf] consistent with the objects of 1[waqf] ; (ii) in what manner the income of a 1[waqf] , the objects of which are not evident from any written instrument, shall be utili sed; (iii) in any case where any object of 1[waqf] has ceased to exist or has become incapable of achievement, that so much of the income of the 1[waqf] as was previously applied to that object shall be applied to any other object, which shall be similar, or nearly similar or to the original object or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the Muslim community: Provided that no direction shall be given under this clause without giving the parties affected, an opportunity of being heard. Explanation .For the purposes of this clause, the powers of the Board shall be exercised (i) in the case of a Sunni 1[waqf] , by the Sunni members of the Board only; and (ii) in the case of a Shia 1[waqf] , by the Shia members of the Board only: Provided that where having regard to the number of the Sunni or Shia members in the board and other circumstances, it appears to the Board that the power should not be exercised by such members only, it may co -opt such other Muslims being Sunnis or Shias, as the case may be, as it t hinks fit, to be temporary members of the Board for exercising its powers under this clause; (f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing of account of 3[auqaf] ; (g) to appoint and remove mutawallis in accor dance with the provisions of this Act; (h) to take measures for the recovery of lost properties of any 1[waqf] ; (i) to institute and defend suits and proceedings relating to 3[auqaf] ; 4[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder: Provided that no such sanction shall be given unless a majority of not less than two -thirds of the members of the Board pr esent cast their vote in favour of such transaction: 1. Subs.
of the members of the Board pr esent cast their vote in favour of such transaction: 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakif (w.e.f. 1 -11-2013). 3. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 4. Subs. by s. 22, ibid., for clause ( j) (w.e.f. 1 -11-2013). 19 Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing.] (k) to administer the 1[Waqf] Fund; (l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the 1[waqf] property as the Board may, from time to time, require; (m) to inspect, or cause inspection of, 1[waqf] properties, accounts, records or deeds and documents relating thereto; (n) to investigate and determine the nature and extent of 1[waqf] and 1[waqf] property, and to cause, whenever necessary, a survey of such 1[waqf] property; 2[(na) to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building; ] (o) generally do all such acts as may be necessary for the control, maintenance and administration of 3[auqaf] . (3) Where the Board has settled any scheme of management under clause ( d) or given any direction under clause ( e) of sub -section ( 2), any person interested in the 1[waqf] or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions and the decision of the Tribunal thereon shall be final. (4) Where the Board is satisfied that any 1[waqf] land, which is a 1[waqf] property, 4[has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like], market, housing flats and the like, it may serve upon the mutawalli of the concerned 1[waqf] a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in th e notice. (5) On consideration of the reply, if any, received to the notice issued under sub -section ( 4), the Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notic e, it may, 5* take over the property, clear it of any build ing or structure thereon, which , in the opinion of the Board is necessary for execution of the works and execute such works from 1[waqf] funds or from the finances which may be raised on the security of the properties of the 1[waqf] concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the e xpenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property: Provided that the Board shall compensate annually the mutawalli of the concerned 1[waqf] to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the Board. (6) After all the expenses as enumerated in sub -section ( 5) have been recouped from the income of the develo ped properties, the developed properties shall be handed over to mutawalli of the concerned 1[waqf] . 33. Powers of inspection by Chief Executive Officer or persons authorised by him .(1) With a view to examining whether, by reason of any failure or neglige nce on the part of a mutawalli in the performance of his executive or administrative duties, any loss or damage has been caused to any 1[waqf] or 1[waqf] property, the Chief Executive Officer 6[or any other person authoris ed by him in writing] with the prior approval of the Board, 7*, may inspect all movable and immovable properties, which are 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Ins. by s. 22, ibid. (w.e.f. 1 -11-2013). 3. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 4. Subs. by s. 22, ibid., for offers a feasible potential for development as a shopping centre (w.e.f. 1 -11-2013). 5. The words with the prior approval of the Government, omitted by s. 22, ibid. (w.e.f. 1 -11-2013). 6. Ins. by s. 23, ibid. (w.e.f. 1-11-2013). 7. The words either himself or any other person authorised by him in wri ting in this behalf omitted by s. 23 , ibid. (w.e.f. 1 -11-2013). 20 1[waqf] properties, and all records, correspondences, plans, accounts and other documents relating thereto. (2) Whenever any such inspection as referred to in sub -section ( 1) is made, the concerned mutawalli and all officers and other employees working under him and every person connected with the administration of the 1[waqf] , shall extend to the person making such inspection, all such assistance and facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also produce for inspection any movable property or documents relating to the 1[waqf] as may be called for by the person making the inspection and furnish to him such information relating to the 1[waqf] as may be required by him. (3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or other employee who is or was working under him had mis -appropriated, misapplied or frau dulently retained, any money or other 1[waqf] property, or had incurred irregular, unauthorised or improper expenditure from the funds of the 1[waqf] , the Chief Executive Officer may, after giving the mutawalli or the person concerned a reasonable opportunity of showing cause why an order for the recovery of the amount or property, should not be passed against him and after considering such explanation, if any, as such person may furnish, determine the amount or the property which has been mis -appro priated, misapplied or fraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred by such person, and make an order directing such person to make payment of the amount so determined and to restore the said property to the 1[waqf] , within such time as may be specified in the order. (4) A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him of the order, appeal to the Tribunal: Provided that no such appeal shall be entertaine d by the Tribunal unless the appellant first deposits with the Chief Executive Officer the amount which has been determined under sub -section ( 3) as being payable by the appellant and the Tribunal shall have no power to make any order staying pending the disposal of the appeal, the operation of the ord er made by the Chief Executive O fficer under sub-section ( 3). (5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order made by the Chief Execut ive Officer under sub -section ( 3) or may remit, either in whole or in part, the amount specified in such order and may make such orders as to costs as it may think appropriate i n the circumstances of the case . (6) The order made by the Tribunal under sub -section ( 5) shall be final. 34. Recovery of the amount determined under section 33 .Where any mutawalli or other person who has been ordered, whether under sub -section ( 3) or sub-section ( 5) of section 33, to make any payment or to restore the possession of any property, omits or fails to make such payment or restoration within the time specified in such order, the Chief Executive Officer, with the prior approval of the Board shall, take such step s as he may think fit for the recovery of possession of the property aforesaid and shall also send a certificate to the Collector of the district in which the property of such mutawalli or other person is situate, stating therein the amount that has been d etermined by him or by the Tribunal, as the case may be, under section 33, as being payable by such mutawalli or other person, and , thereupon, the Collector shall recover the amount specified in such certificate as if it were an arrear of land revenue and on the recovery of such amount, pay the same to the Chief Executive Officer, who shall, on receipt thereof, credit the amount to the funds of the concerned 1[waqf] . 35. Conditional attachment by Tribunal .(1) Where the Chief Executive Officer is satisfied that the mutawalli or any other person who has been ordered under sub -section ( 3) or sub -section ( 5) of section 33 to make any payment, with intent to defeat or delay t he execution of the said order, (a) is about to dispose of the whole or any part of the property; or (b) is about to remove the whole or any part of the property from the jurisdiction of the Chief Executive Officer, he may, with prior approval of the Board, apply to the Tribunal for the conditional attachment of the said property or such part thereof, as he may think necessary. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 21 (2) The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the application the property required to be attached and the estimated value thereof. (3) The Tribunal may direct the mut awalli or the person concerned, as the case may be, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal when required, the said property or the valu e of the same or such portion thereof as may be sufficient to satisfy the amount specified in the certificate referred to in section 34, or to appear and show cause why he should not furnish such security. (4) The Tribunal may also in the order direct t he conditional attachment of the whole or any portion of the property so specified. (5) Every attachment made under this section shall be made in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908) , as if it were an order for at tachment made under the provision of the said Code. CHAPTER V REGISTRATION OF 1[AUQAF] 36. Registration .(1) Every 2[waqf] , whether created before or after the commencement of this Act, shall be registered at the office of the Board. (2) Application for registration shall be made by the mutawalli: Provided that such applications may be 3[made by the waqf] or his descendants or a beneficiary of the 2[waqf] or any Muslim belonging to the sect to which the 2[waqf] belongs. (3) An application for registration shall be made in such form and manner and at such place as the Board may by regulation provide and shall con tain the following particulars : (a) a description of the 2[waqf] properties sufficient for the identification thereof; (b) the gross annual income from such properties; (c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the 2[waqf] properties; (d) an estimate of the expenses annually incurred in the realisation of the income of the 2[waqf] properties; (e) the amou nt set apart under the 2[waqf] for (i) the salary of the mutawalli and allowances to the individuals; (ii) purely religious purposes; (iii) charitable purposes; and (iv) any other purposes; (f) any other particulars provided by the Board by regulations. (4) Every such application shall be accompanied by a copy of the 2[waqf] deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and obj ects of the 2[waqf] . (5) Every application made under sub -section ( 2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of pleadings. (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary. 1. Subs. by Act 27 of 2013, s. 4, for wakfs (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 3. Subs. by s. 24, ibid., for made by the wakf (w.e.f. 1 -11-2013). 22 (7) On receipt of an application for registration, the Board may, before the registration of the 1[waqf] make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the 1[waqf] property, the Board shall, before registering the 1[waqf] , give not ice of the application to the person administering the 1[waqf] property and shall hear him if he desires to be heard. (8) In the case of 2[auqaf] created before the commencement of this Act, every application for registration shall be made, within three mo nths from such commencement and in the case of 2[auqaf] created after such commencement, within three months from the date of the creation of the 1[waqf] : Provided that where there is no Board at the time of creation of a 1[waqf] , such application will be made
Provided that where there is no Board at the time of creation of a 1[waqf] , such application will be made within three months from the date of establishment of the Board. 37. Register of 2[auqaf] . 3[(1)] The Board shall maintain a register of 2[auqaf] which shall contain in respect of each 1[waqf] copies of the 1[waqf] deeds, when available and the following particulars, namely: (a) the class of the 1[waqf] ; (b) the name of the mutawallis; (c) the rule of succession to the office of mutawalli under the 1[waqf] deed or by custom or by usage; (d) particulars of all 1[waqf] properties and all title deeds and documents relating thereto; (e) particulars of the scheme of administration and the scheme of expenditure at the time of registration; (f) such other particulars as may be provided by regulations. 4[(2) The Board shall forward the details of the properties entered in the register of auqaf to the concerned land record office having jurisdiction of the waqf property. (3) On receipt of the details as mentioned in sub -section ( 2), the land record office sh all, according to established procedure, either make necessary entries in the land record or communicate, within a period of six months from the date of registration of waqf property under section 36, its object ions to the Board.] 38. Powers of Board to ap point Executive Officer .(1) Notwithstanding anything contained in this Act, the Board may, if it is of the opinion that it is necessary so to do in the interests of the 1[waqf] , appoint on whole -time or part -time or in an honorary capacity, subject to suc h conditions as may be provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any 1[waqf] having a gross annual in come of not less than five lakh rupees: Provided that the person chosen for appointment should be a person professing Islam. (2) Every Executive Officer appointed under sub -section ( 1) shall exercise such powers and discharge such duties as pertain only to the administration of the property of the 1[waqf] for which he has been appointed and shall e xercise those powers and discharge those duties under the direction, control and supervision of the Board: Provided that the Executive Officer who is appointed for a 1[waqf] having a gross annual in come of not less than five lakh rupees shall ensure that t he budget of the 1[waqf] is submitted, the accounts of the 1[waqf] are regularly maintained, and the yearly statement of accounts are submitted within such time as the Board may specify. (3) While exercising his powers and discharging his functions under s ub-section ( 2), the Executive Officer shall not interfere with any religious duties or any usage or custom of the 1[waqf] sanctioned by the Muslim law. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 3. S. 37 numbered as sub -section ( 1) thereof by s. 25, ibid. (w.e.f. 1 -11-2013). 4. Ins. by s. 25, ibid. (w.e.f. 1 -11-2013). 23 (4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board and in fixing the quantum of such salary the Board shall have due regard to the income of the 1[waqf] , the extent and nature of the duties of the Executive Officer and shall also ensure that the amounts of such salaries and allowances are not disproportionate t o the income of the 1[waqf] and do not operate as an unnecessary financial burden on it. (5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from the 1[Waqf] Fund and, if the 1[waqf] generates any additional income as a result of appointment of the Executive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowances from the fund of the 1[waqf] concerned. (6) The Board may, for sufficient reasons, and a fter giving to the Executive Officer or a member of his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a member of his staff from his post. (7) Any Executive Officer or a member of his staff who is aggri eved by any order or removal or dismissal made under sub -section ( 6) may, within thirty days from the date of communication of the order, prefer an appeal against the order to the Tribunal and the Tribunal may, after considering such representation as the Board may make in the matter , and after giving a reasonable opportunity to the Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order. 39. Powers of Board in relation to 2[auqaf] which have ceased to exist .(1) The Board shall, if it is satisfied that the objects or any part thereof, of a 1[waqf] have ceased to exist, whether such cess er took place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive Officer, in the p rescribed manner, to ascertain the properties and funds pertaining to such 1[waqf] . (2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an order, (a) specifying the property and funds of such 1[waqf] ; (b) directing that any property or funds pertaining to such 1[waqf] which have been recovered shall be applied or utilised for the renovation of any 1[waqf] property and where there is no need for making any such renovation or where utilisation of the funds for such renovation is not possible, be appropriated, to any of the purposes specific in sub-clause ( iii) of clause (e) of sub -section ( 2) of section 32 . (3) The Board may, if it has reason to believe that any building or other place which was being used for religious purpose or instruction or for charity has, whether before or after the commencement of this Act, ceased to be used for that purpose, make an application to the Tribunal for an order directing the recovery of possession of such building or other place. (4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, th at such building or other place (a) is 1[waqf] property; (b) has not been acquired under any law for the time being in force relating to acquisition of land or is not under any process of acquisition under any such law, or has not vested in the State Government under any law for the time being in force relating to land reforms; and (c) is not in the occupation of any person who has been authorised by or under any law for the time being in force to occupy such buildin g or other place, make an order (i) directing the recovery of such building or place from any person who may be in unauthorised possession thereof, and (ii) directing that such property, building or place be used for religious purpose or instruction as before, or if such use is not possible, be utilised for any purpose specified in sub-clause ( iii) of clause ( e) of sub -section ( 2) of section 32 . 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wak fs (w.e.f. 1 -11-2013). 24 40. Decision if a property is 1[waqf] property .(1) The Board may itself collect information regarding any property which it has reason to believe to be 1[waqf] property and if any question arises whether a particular property is 1[waqf] property or not or whether a 1[waqf] is a Sunni 1[waqf] or a Shia 1[waqf] , it may, after making such inquiry as it may deem fit, decide the question. (2) The decision of the Board on a question under sub -section ( 1) shall, unless revoked or modified by the Tribunal, be final. (3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is 1[waqf] property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is 1[waqf] property, call upon the trust or society, as the case may be, either to register such property under this Act as 1[waqf] property or show caus e why such prope rty should not be so registered: Provided that in all such cases, notice of the action proposed to be taken under this sub -section shall be given to the authority by whom the trust or society had been registered. (4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub -section ( 3), pass such orders as it may think fit and the order so made by the Board, shall be final, unless it is revoked or modified by a Tribunal. 41. Power to cause reg istration of 1[waqf] and to amend register .The Board may direct a mutawalli to apply for the registration of a 1[waqf] , or to supply any information regarding a 1[waqf] or may itself cause the 1[waqf] to be registered or may at any time amend the register of 2[auqaf] . 42. Change in the management of 2[auqaf] to be notified .(1) In the case of any change in the management of a registered 1[waqf] due to the death or retirement or removal of the mutawalli, the incoming mutawalli, shall forthwith, and any other person may notify the change to the Board. (2) In the case of any other change in any o f the particulars mentioned in s ection 36, the mutawa lli shall, within three months from the occurrence of the change, notify such change to the Board. 43. 2[Auqaf] registered before the commencement of this Act deemed to be registered . Notwithstanding anything contained in this Chapter, where any 1[waqf] has been registered before the commencement of this Act, under any law for the time being in force, it shall not be necessary to register the 1[waqf] under the provisions of this Act and any such registration made before such commencement shall be deemed to be a registration made under this Act. CHAPTER VI MAINTENANCE OF ACCOUN TS OF 2[AUQAF] 44. Budget .(1) Every mutawalli of a 1[waqf] shall, in every year prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure during that financial year. (2) Every such budget shall be submitted b y the mutawalli at least 3[thirty days] before the beginning of the financial year to the Board and shall make adequa te provision for the following : (i) for carrying out the objects of the 1[waqf] ; (ii) for the maintenance and preservation of the 1[waqf] property; (iii) for the discharge of all liabilities and subsisting commitments binding on the 1[waqf] under this Act or any other law for the time being in force. 4[(3) In case the Board considers any item in the budget being contrary to the objects of the waqf and the provisions of this Act, it may give such direction for addition or deletion of such item as it may deem fit.] 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 3. Subs. by s. 26, ibid., for ninety days (w.e.f. 1 -11-2013). 4. Subs. by s. 26, ibid., for sub -section ( 3) (w.e.f. 1 -11-2013). 25 (4) If in the course of the financial year the mutawalli finds it necessary to modify the provisions made in the budget in regar d to the receipt or to the distribution of the amounts to be expended under the different heads, he may submit to the Board a supplementary or a revised budget and the provisions of sub-section ( 3) shall, as far as may be, apply to such supplementary or re vised budget. 45. Preparation of budget of 1[auqaf] under direct management of the Board .(1) The Chief Executive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure for each of the 1[auqaf] under the direct management of the Board, showing therein the estimated receipts and expenditure and submit it to the Board for its approval. (2) While submitting the budget under sub -section ( 1), the Chief Executive Officer shall also prepare statement giving details of the increase, if any, in the income of each 2[waqf] under the direct management of the Board and the steps which have been taken for its better management and the results accruin g therefrom during the year. (3) The Chief Executive Officer shall keep regular accounts and be responsible for the proper management of every 2[waqf] under the direct management of the Board. (4) Every budget submitted by the Chief Executive Officer under sub-section ( 1) shall comply with the requirements of section 46 and, for this purpose, references therein to the mutawalli of the 3[waqf] shall be construed as references to the Chief Executive Officer. (5) The audit of accounts of every 2[waqf] under th e direct management of the Board shall be undertaken by the State Examiner of Local funds or any other officer appointed by the State Government for this purpose, irrespective of the income of the 2[waqf] . (6) The provisions of sub -sections ( 2) and ( 3) of section 47 and
waqf] . (6) The provisions of sub -sections ( 2) and ( 3) of section 47 and the provisions of sections 48 and 49 shall, in so far as they are not inconsistent with the provisions of this section, apply to the audit of accounts referred to in this section. (7) Where any 2[waqf] is under the direct management of the B oard, such administrative charges as may be specified by the Chief Executive Officer shall be payable by the 2[waqf] to the Board: Provided that the Chief Executive Officer shall not collect more than ten per cent . of the gross annual income of the 2[waqf] under the direct management of the Board as administrative charges. 46. Submission of Accounts of 1[auqaf] .(1) Every mutawalli shall keep regular accounts. (2) Before the 3[1st day of July] next, following the date on which the application referred to in section 36 has been made and thereafter before the 3[1st day of July] in every year, every mutawalli of a 2[waqf] shall prepare and furnish to the Board a full and true statement of accounts, in such form and containing such particulars as may be provided by regulations by the Board, of all moneys received or expended by the mutawalli on behalf of the 2[waqf] during the period of twelve months ending on the 31st day of March, or, as the case may be, during that portion of the said period during which the provisions of this Act, have been applicable to the 2[waqf] : Provided that the date on which the annual accoun ts are to be closed may be varied at the discretion of the Board. 47. Audit of accounts of 1[auqaf] .(1) The accounts of 1[auqaf] submitted to the Board under section 46 shall be audited and examined in the following manner, namely : (a) in the case of a 2[waqf] having no income or a net annual income not exceeding 4[fifty thousand rupees ], the submission of a statement of accounts shall be a sufficient com pliance with the provisions of s ection 46 and the accounts of two per cent . of such 1[auqaf] shall be audited annually by an auditor appointed by the Board; (b) the accounts of the 2[waqf] having net annual income exceeding 4[fifty thousand rupees ] shall be audited annually, or at such other intervals as may be prescribed, by an auditor appointed by the 1. Subs. by Act 27 of 2013, s. 4, for wakfs (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 3. Subs. by s. 27, ibid., for 1st day of May (w.e.f. 1 -11-2013). 4. Subs. by s. 28, ibid., for ten thousand rupees (w.e.f. 1 -11-2013). 26 Board from out of the panel of auditors prepared by the State Government and while drawing up such panel of auditors, the State Government shall spe cify the scale of remuneration of auditors; (c) the State Government may, 1[under intimation to the Board,] at an y time cause the account of any 2[waqf] audited by the State Examiner of Local Funds or by any other officer designated for that purpose by tha t State Government. (2) The auditor shall submit his report to the Board and the report of the auditor shall among other things, specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by negl ect or misconduct and any other matter which the auditor considers it necessary to report; and the report shall also contain the name of any person who, in the opinion of the auditor, is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of such expenditure or loss as due from such person. (3) The cost of the audit of the accounts of a 2[waqf] shall be met from the funds of that 2[waqf] : Provided that the remuneration of the auditors appointed from out of the panel drawn by the State Government in relation to 3[auqaf] having a net annual income of 4[more than fifty thousand rupees ] shall be paid in accordance with the scale of remuneration specified by the State Government under clause ( c) of sub -section ( 1): Provided further that where the audit of the accounts of any 2[waqf] is made by the State Examiner of Local Funds or any other officer designated by the State Government in this behalf, the cost of such audit shall not exceed one and a half per cent . of the net annual income of such 2[waqf] and such costs shall be met from the funds of the 3[auqaf] concerned. 48. Board to pass orders on auditors report .(1) The Board shall examine the auditors report, and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders as it thinks fit including orders for the recovery of the amount certified by the auditor under sub-section ( 2) of s ection 47. (2) The mutawalli or any other person aggrieved by any ord er made by the Board may, within thirty days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit the amo unt so certified, either in whole or in part, and may also make such order as to costs as it may think appropriate in the circumstances of the case. (3) No application made under sub -section ( 2) shall be entertained by the Tribunal unless the amount certif ied by the auditor under sub -section ( 2) of s ection 47 has first been deposited in the Tribunal and the Tribunal shall not have any power to stay the operation of the order made by the Board under sub-section ( 1). (4) The order made by the Tri bunal under sub -section ( 2) shall be final. (5) Every amount for the recovery of which any order has been made under sub -section ( 1) or sub-section ( 2) shall, where such amount remains unpaid, be recoverable in the manner specified in section 34 or section 35 as if the said order were an order for the recovery of any amount determined under sub-section ( 3) of s ection 3 5. 49. Sums certified to be due recoverable as arrears of land revenue .(1) Every sum certified to be due from any person by an a uditor in his report under section 47 unless such certificate is modified or cancelled by an order of the Board or of the Tribunal made under section 48, and every sum due on a modified certificate shall be paid by such person within sixty days after the service of a demand notice for the same issued by the Board. (2) If such payment is not made in accordance with the provisions of sub -section ( 1), the sum payable may, on a certificate issued by the Board after giving the person concerned an opportunity of being heard, be recovered in the same as an arrear of land revenue. 1. Ins. by Act 27 of 2013, s. 28 (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 3. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 4. Subs. by s. 28, ibid., for more than te n thousand rupees but less than fifteen thousand rupees (w.e.f. 1 -11-2013). 27 50. Duties of mutawalli .It shall be the duty of every mutawalli (a) to carry out the directions of the Board in accordance with the provisions of this Act or of any rule or order made thereunder; (b) to furnish such returns and supply such information or particulars as may from time to time be required by the Board in accordance with the provisions of this Act or of an y rule or order made thereunder; (c) to allow inspection of 1[waqf] properties, accounts or records or deeds and documents relating thereto; (d) to discharge all public dues; and (e) to do any other act which he is lawfully required to do by or under this Act. 51. Alienation of 1[waqf ] property without sanction of Board to be void .2[(1) Notwithstanding anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall be void unless such lease is effected with the prior sanction of the Board: Provided that no mosque, dargah, khanqah, graveyard, or im ambara shall be leased except any unused graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013) . (1A) Any sale, gift, exchang e, mortgage or transfer of waqf property shall be void ab initio : Provided that in case the Board is satisfied that any waqf property may be developed for the purposes of the Act, it may, after recording reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of two -thirds of the total membership of the Board: Provi ded further that nothing contained in this sub -section shall affect any acquisition of waqf properties for a public purpose under the Land Acquisition Act, 1894 (1 of 1894) or any other law relating to acquisition of land if such acquisition is made in con sultation with the Board: Provided also that (a) the acquisition shall not be in contravention of the Places of Public Worship (Special Provisions) Act, 1991 (42 of 1991) ; (b) the purpose for which the land is being acquired shall be undisputedly for a public purpose; (c) no alternative land is available which shall be considered as more or less suitable for that purpose; and (d) to safeguard adequately the interest and objective of the waqf, the compensation shall be at the prevailing market value or a suitable land with reasonable solatium in lieu of the acquired property.] 3* * * * * 52. Recovery of 1[waqf] property transferred in contravention of section 51 .(1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a 1[waqf] entered as such in the register of 1[waqf] maintained under section 36 , has been transferred without the previous sanction of the Board in contravention of the provisions of section 51 4[or section 56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 29, ibid., for sub -section ( 1) (w.e.f. 1 -11-2013). 3. Sub -sections ( 2), (3), (4) and ( 5) omitted by s. 29, ibid. (w.e.f. 1 -11-2013). 4. Ins. by s. 30 , ibid. (w.e.f. 1 -11-2013). 28 (2) On receipt of a requisition under sub -section ( 1), the Col lector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub -section ( 2) shall be served (a) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served, is a minor, service upon his guardia n or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. (4) Any person aggrieved by the order of the Collector under sub -section ( 2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final. (5) Where an order passed under sub -section ( 2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force , if any, as may be necessary for the purpose and deliver it to the Board. (6) In exercising his functions under this section the Collector shall be guided by such rules as may be provided by regulations. 1[52A. Penalty for alienation of waqf property with out sanction of Board .(1) Whoever alienates or purchases or takes possession of, in any manner whatsoever, either permanently or temporarily, any movable or immovable property being a waqf property, without prior sanction of the Board, shall be punishable with rigorous imprisonment for a term which may extend to two years: Provided that the waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the Board without any compensation therefor. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any offence punishable under this section shall be cognizable and non -bailable. (3) No court shall take cognizance of any offence under this section except on a com plaint made by the Board or
(3) No court shall take cognizance of any offence under this section except on a com plaint made by the Board or any officer duly authorised by the State Government in this behalf. (4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence p unishable under this section.] 53. Restriction on purchase of property on behalf of 2[waqf] .Notwithstanding anything contained in a 2[waqf] deed, no immovable property shall be purchased for or on behalf of any 2[waqf] from the funds of any 2[waqf] except with prior sanction of the Board, and the Board shall not accord such sanction unless it considers that the acquisition of such property is necessary or beneficial to the 2[waqf] and that the price proposed to be paid therefor is adequate and reaso nable: Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the Board shall, after considering the obje ctions and suggestions that may be received by it from mutawallis or other persons interested in the 2[waqf] , make such orders as it may think fit. 1. Ins. by Act 27 of 2013, s. 31 (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 29 54. Removal of encroachment from 1[waqf] property .(1) Whenever the Chief Executive Officer considers whethe r on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is 1[waqf] property and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice , as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli. (2) The notice referred to in sub -section ( 1) shall be served in such manner as may be prescribed. (3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is 1[waqf] property and that there has been an encroachment on any such 1[waqf] property, 2[he may, make an application to the Tribunal for grant of order of eviction for removing] such encroachment and deliver possession of the land, building, space or other pro perty encroached upon to the mutawalli of the 1[waqf] . 3[(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property: Provided that the Tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer. (5) If any person refuses or fails to comply with the order of eviction within forty -five days from the date of affixture of t he order under sub -section ( 2), the Chief Executive Officer or any other person duly authorised by him in this behalf may evict that person from, and take p ossession of, the waqf property.] 55. Enforcement of orders made under section 54 .Where the person, ordered under 4[sub-section ( 4)] of section 54 to remove any encroachment, omits or fails to remove such encroachment, within the time specified in the order or, as the case may be, fails to vacate the land, building, space or other property to which the order relates, within the time af oresaid, the Chief Executive Officer may 5[refer the order of the Tribunal to the Executive Magistrate] within the local limits of whose jurisdiction the land, building, space or other property , is situate for evicting the encroacher, and , thereupon, such Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may be, vacate the land, building, space or other property and to deliver possession thereof to the concerned mutawalli and in default of compliance with th e order, remove the encroachment or, as the case may be, evict the encroacher from the land, building, space or other property and may, for this purpose, take such police assistance as may be necessary. 6[55A. Disposal of property left on waqf property by unauthori sed occupants. (1) Where any person has been evicted from any waqf property under sub -section ( 4) of section 54, the Chief Executive Officer may, after giving fourteen days notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by publi c auction any prope rty remaining on such premises. (2) Where any property is sold under sub -section ( 1), the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the State 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 32, ibid., for he may, by an order, require the encroacher to remove (w.e.f. 1 -11-2013). 3. Subs. by s. 32, ibid., for sub -section ( 4) (w.e.f. 1 -11-2013). 4. Subs. by s. 33, ibid., for sub -section ( 3) (w.e.f. 1 -11-2013). 5. Subs. by s. 33, ibid., for apply to the Sub -Divisional Magistrate (w.e.f. 1 -11-2013). 6. Ins. by s. 34, ibid. (w.e.f. 1 -11-2013). 30 Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same: Provided that where the Chief Executive Of ficer is unable to decide as to the person to whom the balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the Tribunal and the decision of the Tribunal thereon shall be final. ] 56. Restriction on power to gr ant lease of 1[waqf] property .(1) 2[A lease for any period exceeding th irty years ] of any immovable property which is 1[waqf] property, shall , notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect: 3[Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such p eriod and purposes as may be specified in the rules made by the Central Government: Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in t he deed or instrument of waqf or in any other law for the time being in force, be void and of no effect: Provided also that before making lease of any waqf property, the Board shall publish the details of lease and invite bids in at least one leading natio nal and regional news papers. ] (2) 4[A lease for a period of one year but not exceeding th irty years ] of immovable property which is 1[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect unless it is made with the previous sanction of the Board. (3) The Board shall, in granting sanction for lease 5* or renewal th ereof under this section review the terms and condit ions on which the lease 5* is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct : 3[Provided that the Board shall immediately intimate the State Government regardin g a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of forty -five days from the date on which the Board intimates the State Government. ] 3[(4) Every rule made by the Central Government 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 th e 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 su ch 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. ] 57. Mutawalli entitled to pay certain costs from income o f 1[waqf] property .Notwithstanding anything contained in the 1[waqf] deed, every mutawalli may pay from the income of the 1[waqf] property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 36 or any accounts under section 46 or any information or documents required by the Board or for the purpose of enabling him to carry out the directions of the Board. 58. Power of Board to pay dues in case of d efault by mutawalli .(1) Where a mutawalli refuses to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge dues from the 1[Waqf] Fund and may recover the amount so paid from the 1[waqf] property and may also recover damages not exceeding twelve and a half per cent . of the amount so paid. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by , s. 35 , ibid., for A lease or sub -lease for any period exceeding three years (w.e.f. 1 -11-2013). 3. Ins. by s. 35 , ibid. (w.e.f. 1 -11-2013). 4. Subs. by s. 35, ibid., for A lease or sub -lease for any period exceeding one year and not exceeding three years (w.e.f. 1 -11-2013). 5. The words or sub -lease omitted by s. 35, ibid. (w.e.f. 1 -11-2013). 31 (2) Any sum of money due under sub -section ( 1) may, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being h eard, be recovered in the same manner as an arrear of land revenue. 59. Creation of reserve fund .For the purpose of making provisions for the payment of rent and of revenue, cess, rates and taxes due to the Government or any local authority, for the disch arge of the expenses of the repair of the 1[waqf] property and for the preservation of the 1[waqf] property , the Board may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a 1[waqf] . 60. Extension of time .The Board may, if its is satisfied that it is necessary so to do, extend the time within which any act is required to be done by the mutawalli under this Act. 61. Penalties .(1) If a mutawalli fails to (a) apply for the registration of a 2[auqaf]; (b) furnish statements of particulars or accounts or returns as required under this Act; (c) supply information or particulars as required by the Board; (d) allow inspection of 1[waqf] properties, accounts, records or deeds and documents relating thereto; (e) deliver possession of any 1[waqf] property, if ordered by the Board or Tribunal; (f) carry out the directions of the Board; (g) discharge any public dues; or (h) do any other a ct which he is lawfully required to do by or under this Act; he shall, unless he satisfies the court or the Tribunal that there was reasonable cause for his failure, be punishable with fine which may extend to 3[ten thousand rupees for non -compliance of clauses ( a) to ( d) and in case of non -compliance of clauses ( e) to ( h), he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to ten thousand rupees] . (2) Notwithstandi ng anything contained in sub -section ( 1), if (a) a mutawalli omits or fails, with a view to concealing the existing of a 1[waqf] , to apply for its registration under this Act , (i) in the case of a 1[waqf] created before the commencement of this Act, with in the period specified therefor in sub-section ( 8) of section 36 ; (ii) in the case of any 1[waqf] created after such commencement, within three months from the date of the creation of the 1[waqf] ; or (b) a mutawalli furnishes any statement, return, or information to the Board, which he knows or has reason to believe to be false, misleading, untrue or incor rect in any material particular, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees. (3) No c ourt, shall take cognizance of an off
with fine which may extend to fifteen thousand rupees. (3) No c ourt, shall take cognizance of an offence punishable under this Act save upon complaint made by the Board or an officer duly authorised by the board in t his behalf. (4) No c ourt inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (5) Notwithstanding anything contained in the Code of Crimin al Procedure, 1973 (2 of 1974), the fine imposed under sub -section ( 1), when realised, shall be credited to the 1[Waqf] Fund. (6) In every case where offender is convicted after the commencement of this Act, of an offence punishable under sub -section ( 1) and sentenced to a fine, the court shall also impose such term of imprisonment in default of payment of fine as is authorised by law for such default. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 3. Subs. by s. 36, ibid., for eight thousand rupees (w.e.f. 1 -11-2013). 32 62. Mutawalli not to spend any money belonging to 1[waqf] for self defence .No mutawalli shall spend any money out of the funds of the 1[waqf] , of which he is the mutawalli, for meeting any costs, charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other proceeding for, or incidental to, his removal from office or for taking any disciplinary a ction against himself. 63. Power to appoint mutawallis in certain cases .When there is a vacancy in the office of the mutawalli of a 1[waqf] and there is no one to be appointed under the terms of the deed of the 1[waqf] , or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit. 64. Removal of mutawalli .(1) Notwithstanding anything contained in any other law or the deed of 1[waqf] , the Bo ard may remove a mutawalli fr om his office if such mutawalli (a) has been convicted more than once of an offence punishable under section 61; or (b) has been convicted of any offence of criminal breach of trust or any other offence involving moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence; or (c) is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties of a mutawalli; or (d) is an undischarged insolvent; or (e) is proved to be addicted to drinking liquor or other spirituous preparations, or is a ddicted to the taking of any narcotic drugs; or (f) is employed as paid legal practitioner on behalf of, or against, the 1[waqf] ; or (g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years or has failed to submit, in two consecutive years, the yearly statement of accounts, as required by sub-section (2) of section 46 ; or (h) is interested, directly or indirectly, in a subsisting lease in respect of a ny 1[waqf] property, or in any contract made with, or any work being done for, the 1[waqf] or is in arrears in respect of any sum due by him to such 1[waqf] ; or (i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of funds or breach of trust in relation to the 1[waqf] or in respect of any money or other 1[waqf] property; or (j) wilfully and persistently disobeys the lawful orders made by t he Central Government, State Government, Board under any provision of this Act or rule or order made thereunder; (k) misappropriates or fraudulently deals with the property of the 1[waqf] . (2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if any, in respect of the 1[waqf] property either as a beneficiary or in any other capacity or his right, if any, as a sajjadanashin. (3) No action shall be taken by the Board under sub -section ( 1), unless it has held an inq uiry into the matter in a prescribed manner and the decision has been taken by a majority of not less than two -thirds of the members of the Board. (4) A mutawalli who is aggrieved by an order passed under any of the clauses ( c) to ( i) of sub-section ( 1), may , within one month from the date of the receipt by him of the order, appeal against the order to the Tribunal and the decision of the Tribunal on such appeal shall be final. (5) Where any inquiry under sub -section ( 3) is proposed, or commenced, against any mutawalli, the Board may, if it is of opinion that it is necessary so to do in the interest of the 1[waqf] , by an order suspend such mutawalli until the conclusion of the inquiry: Provided that no suspension for a p eriod exceeding ten days shall be made except after giving the mutawalli a reasonable opportunity of being heard against the proposed action. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 33 (6) Where any appeal is filed by the mutawalli to the Tribunal under sub -section ( 4), the Board may make an applic ation to the Tribunal for the appointment of a receiver to manage the 1[waqf] pending the decision of the appeal, and where such an application is made, the Tribunal shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908 ), appoint a suitable person as receiver to manage the 1[waqf] and direct the receiver so appointed to ensure that the customary or religious rights of the mutawalli and of the 1[waqf] are safeguarded. (7) Where a mutawalli has been removed from his office under sub -section ( 1), the Board may, by order, direct the mutawalli to deliver possession of the 1[waqf] property to the Board or any officer duly authorised in this behalf or to any person or committee appointed to act as the mutawalli of the 1[waqf] property. (8) A mutawalli of a 1[waqf] removed from his office under this section shall not be eligible for re-appointment as a mutawalli of that 1[waqf] for a period of five years from the date of such removal. 65. Assumption of direct management of certain 2[auqaf] by the Board .(1) Where no suitable person is available for appointment as a mutawalli of a 1[waqf] , or where the Board is satisfied, for reasons to be recorded by it in writing, that the filling up o f the vacancy in the office of a mutawalli is prejudicial to the interests of the 1[waqf] , the Board may, by notification in the Official Gazette, assume direct management of the 1[waqf] for such period or periods, not exceeding five years in the aggregat e, as may be specified in the notification. (2) The State Government may, on its own motion or on the application of any person interested in the 1[waqf] , call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the Board under sub -section ( 1) and pass such orders as it may think fit and the orders so made by the State Government shall be final and shall be published in the manner specified in sub -section ( 1). (3) As soo n as possible after the close of every financial year, the Board shall send to the State Government a detailed report in regard to every 1[waqf] under its di rect management, giving therein (a) the details of the income of the 1[waqf] for the year immediat ely preceding the year under report; (b) the steps taken to improve the management and income of the 1[waqf] ; (c) the period during which the 1[waqf] has been under the direct management of the Board and explaining the reasons as to why it has not been pos sible to entrust the management of the 1[waqf] to the mutawalli or any committee of management during the year; and (d) such other matters as may be prescribed. (4) The State Government shall examine the report submitted to it under sub -section ( 3), and after such examination, issue such directions or instructions to the Board as it may think fit and the Board shall comply with such directions or instructions on receipt thereof. 3[(5) Notwithstanding anything contained in sub -section ( 1), the Board shall take over the administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf has contravened the provisions of this Act. ] 66. Powers of appointment and removal of mutawalli when to be exercised by the State Governme nt.Whenever a deed of 1[waqf] or any decree or order of a court of any scheme of management of any 1[waqf] provides that a court or any authority other than a Board may appoint or remove a mutawalli or settle or modify such scheme of management or otherwise exercise superintendence over the 1[waqf] , then , notwithstanding anything contained in such deed of 1[waqf] , decree, order or scheme, such powers aforesaid shall be exercisable by the State Government: Provided that where a Board has been established, the State Government shall consult the Board before exercising such powers. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf s (w.e.f. 1 -11-2013). 3. Ins. by s. 37 , ibid. (w.e.f. 1 -11-2013). 34 67. Supervision and supersession of committee of Management .(1) Whenever the supervision or management of a 1[waqf] is vested in any committee appointed by the 1[waqf] , then, notwithstanding anything contained in this Act, such committee shall continue to function until it is superseded by the Board or until the expiry of its term as may be specified by the 1[waqf] , whichever is earlier: Provided that such committee sha ll function under the direction, control and supervision of the Board and abide by such directions as the Board may issue from time to time: Provided further that if the Board is satisfied that any scheme for the management of a 1[waqf] by a committee is i nconsistent with any provision of this Act or of any rule made thereunder or with the directions of the 1[waqf] , it may, at any time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the 1[waqf] or of th e provisions of this Act and the rules made thereunder. (2) Notwithstanding anything contained in this Act, and in the deed of the 1[waqf] , the Board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub -section (1) is not functioning properly and satisfactorily, or that the 1[waqf] is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such committee, and, on such superse ssion, any direction of t he 1[waqf] , in so far as it relates to the constitution of the committee, shall cease to have any force: Provided that the Board shall, before making any order superseding any committee, issue a notice setting forth therein the reasons for the proposed act ion and calling upon the Committee to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken. (3) Every order made by the Board under sub -section ( 2) shall be published in the prescribed manner and on such publication shall be binding on the mutawalli and all persons having any interest in the 1[waqf] . (4) Any order made by the Board under sub -section ( 2) shall be final: Provided that any person aggrieved by the order made under sub -section ( 2) may, within sixty days from the date of the order, appeal to the Tribunal: Provided further that the Tribunal shall have no power to suspend the operation of the order made by the Board pending such appeal. (5) The Board shall, whenev er it supersedes any committee under sub -section ( 2), constitute a new committee of management simultaneously with the order made by it under sub -section ( 2). (6) Notwithstanding anything contained in the foregoing sub -sections, the Board may, instead of superseding any committee under sub -section ( 2), remove any member thereof if it is satisfied that such member has abused his position as such member or had knowingly acted in a manner prejudicial to the interests of the 1[waqf] , and every such order for t he removal of any member shall be served upon him by registered post: Provided that no order for the removal of the member shall be made unless he has been given a reasonable opportunity of showing cause against the proposed action: Provided further that a ny member aggrieved by any order for his removal from the membership of the committee may, within a period of thirty days from the date of service of the order on him, prefer an appeal against such order to the Tribunal and Tribunal may, after giving a rea sonable opportunity to the appellant and the Board of being heard, confirm, modify or reverse the order made by the Board and the order made by the Tribunal in such appeal shall be final. 68. Duty of mutawalli or committee to deliver possession of records , etc.(1) Where any mutawalli or committee of management has been removed by the Board in accordance with provisions of this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office (hereina
this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office (hereinafter in this section referred to as the removed mutawalli or committee) shall hand over charge and deliver possession of the records, accounts and all properties of the 1[waqf] (including cash) to the successor mutawalli or the successor committee, within one month from the da te specified in the order. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 35 (2) Where any removed mutawalli or committee fails to deliver charge or deliver possession of the records, accounts and properties (including cash) to the successor mutawalli or committee within the time specified in sub -section (1), or prevents or obstructs such mutawalli or committee, from obtaining possession thereof after expiry of the period aforesaid, the successor mutawalli or any member of the successor committee may make an application, accompanied by a certified copy of the order appointing such successor mutawalli or committee, to any 1[District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent ] within the local limits of whose jurisdiction any part of the 2[waqf] property is si tuate d and, thereupon such 1[District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent ] may, after giving notice to the removed mutawalli or members of the removed committee, make an order directing the delivery of charge and possession of such records, accounts and properties (including cash ) of the 2[waqf] to the successor mutawalli or th e committee, as the case may be, within such time as may be specified in the order. (3) Where the removed mutawalli or any member of the removed committee, omits or fails to deliver charge and possession of the records, accounts and properties (including c ash) within the time specified by 3[any Magistrate ] under sub -section ( 2) the remove d mutawalli or every member of the removed committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. (4) Whenever any removed mutawalli or any member of the removed committee omits or fails to comply with the orders made by 3[any Magistrate ] under sub -section ( 2), 3[any Magistrate ] may authorise the succ essor mutawalli or committee to take charge and possession of such records, accounts, properties (including cash) and may authorise such person to take such police assistance as may be necessary for the purpose. (5) No order of the appointment of the succe ssor mutawalli or committee, shall be called in question in the proceedings before 3[any Magistrate ] under this section. (6) Nothing contained in this s ection shall bar the institution of any suit in a competent civil court by any person aggrieved by any o rder made under this section, to establish that he has right, title and interest in the properties specified in the order made by 3[any Magistrate ] under sub -section ( 2). 69. Power of Board to frame scheme for administration of 2[waqf] .4[(1) Where the Board is satisfied after an enquiry, whether on its own motion or on the application of not less than five persons interested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order, frame such scheme for the administr ation of the waqf, after giving reasonable opportunity and after consultation with the mutawalli or others in the prescribed manner. ] (2) A scheme framed under sub -section ( 1) may provide for the r emoval of the mutawalli of the 2[waqf] holding office as such immediately before the date on which the scheme comes into force: Provided that where any such scheme provides for the removal of any hereditary mutawalli, the scheme shall also provide for the appointment of the person next in here ditary succession to the mutawalli so removed, as one of the members of the committee appointed for the proper administration of the 2[waqf] . (3) Every order made under sub -section ( 2) shall be published in the prescribed manner, and, on such publication shall be final and binding on the mutawalli, and all persons interested in the 2[waqf] : Provided that any person aggrieved by an order made under this section may, within sixty days from the date of the order, prefer an appeal to the Tribunal and after hea ring such appeal, the Tribunal may confirm, reverse or modify the order: Provided further that the Tribunal shall have no power to stay the operation of the order made under this section. 1. Subs. by Act 27 of 2013, s. 38, for Magistrate of the first class and Magistrate (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 3. Subs. by s. 38, ibid., for the Magistrate (w.e.f. 1 -11-2013). 4. Subs. by s. 39, ibid., for sub-section ( 1) (w.e.f. 1 -11-2013). 36 (4) The Board may, at any time by an order, whether made before or a fter the scheme has come into force, cancel or modify the scheme. (5) Pending the framing of the scheme for th e proper administration of the 1[waqf] , the Board may appoint a suitable person to perform all or any of the functions of the mutawalli thereof an d to exercise the powers, and perform the duties, of such mutawalli. 70. Inquiry relating to administration of 1[waqf] .Any person interested in a 1[waqf] may make an application to the Board supported by an affidavit to institute an inquiry relating to the administration of the 1[waqf] and if the Board is satisfied that there are reasonable grounds for bel ieving that the affairs of the 1[waqf] are being mi smanaged, it shall take such action thereon as it thinks fit. 71. Manner of holding inquiry .(1) The Board may, either on an application received under section 2[70] or on its own motion, (a) hold an inquiry in such manner as may be prescribed; or (b) authorise any person in this behalf to hold an inquiry into any matter relating to a 1[waqf] and take such action as it thinks fit. (2) For the purposes of an inquiry under this s ection, the Board or any person authorised by it in this behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for enforcing the attendance of witnesses and production of documents. CHAPTER VI I FINANCE OF THE BOARD 72. Annual contribution payable to Board .(1) The mutawalli of every 1[waqf] , the net annual income of which is not less than five thousand rupees, shall pay annually, out of the net annual income derived by the 1[waqf] , such contributions, not exceeding seven per cent . of such annual income, as may be prescribed, to the Board for the services rendered by such Board to the 1[waqf] . Explanation I .For the purposes of this Act, net annual income shall mean the gross income of the 1[waqf] from all sources, including nazars and offerings which do not amount to contributions to the corpus of the 3[auqaf], in a year after deducting therefrom the follow ing, name ly: (i) the land revenue paid by it to the Government; (ii) the rates, cesses, taxes and licence fees, paid by it to the Government or any local authority; (iii) expenditure incurred for all or any of the 4[in respect of lands directly under cultivation by the mutawalli for the benefit of the waqf] , namely: (a) maintenance of, or repairs to, irrigation works, which shall not include the capital cost of irrigation; (b) seeds or seedlings; (c) manure; (d) purchase and maintenance of agricultural implements; (e) purchase and maintenance of cattle for cultivation; (f) wages for ploughing, watering, sowing, transplanting, harvesting, threshing and other agricultural operations: Provided that the total deduction in res pect of an expenditure incurred under this clause shall not exceed 5[twenty per cent .] of the income derived f rom lands belonging to the 1[waqf] : 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 40, ibid., for 73 (w.e.f. 1 -11-2013). 3. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 4. Subs. by s. 41, ibid., for following purposes (w.e.f. 1 -11-2013). 5. Subs. by s. 4 1, ibid., for ten per cent. (w.e.f. 1 -11-2013). 37 1[Provided further that no such deduction shall be permitted in respect of waqf land given on lease, by whatever name called, whether batai or share cropping or any other name. ] (iv) expenditure on sundry repa irs to rented buildings, not exceeding five per c ent. of the annual rent derived therefrom, or the actual expenditure, whichever is less; (v) sale proceeds of immovable properties or rights relating to, or arising out of immovable properties, if such proceeds are reinvested to earn income for the 2[waqf] : Provided that the following items of receipts shall not be deemed to be income for the purposes of this section, namely: (a) advances and deposits recovered and loans taken or recovered; (b) deposits made as security by employees, lessees or contractors and other deposits, if any; (c) withdrawals from banks or of investments; (d) amounts recovered towards costs awarded by courts; (e) sale proceeds of religious books and publications where such sales a re undertaken as an un-remunerative enterprise with a view to propagating religion; (f) donations in cash or kind or offerings made by the donors as contribution to the corpus of the 2[waqf] : Provided that interest on income, if any, accruing from such don ations or offerings shall be taken into account in calculating the gross annual income; (g) voluntary contributions received in cash or kind for a specific service to be performed by the 2[waqf] and expended on such service; (h) audit recoveries; Explanation II .In determining the net annual income for the purposes of this section, only the net profit derived by any 2[waqf] from its remunerative undertakings, if any, shall be taken as income, and in respect of its non -remunerative undertakings, such as, schools, colleges, hospitals, poor homes, orphanages or any other similar institutions, the grants given by the Government or any local authority or donations received from the public or fees collected from the pupils of educational institutions shall not be taken as income. (2) The Board may in the case of any mosque or orphanage or any particular 2[waqf] reduce or remit such contribution for such time as it thinks fit. (3) The mutawalli of a 2[waqf] may realise the contributions payable by him under sub -section ( 1) from the various persons entitled to received any pecuniary or other material benefit from the 2[waqf] , but the sum realisable from any one of such persons shall not exceed such amount as shall bear to the total contribution payable, the same proportion, as the value of the benefits receivable by such person bears to the entire net annual income of the 2[waqf] : Prov ided that if there is any income of the 2[waqf] available in excess of the amount payable as dues under this Act, other than as the contribution under sub -section ( 1), and in excess of the amount payable under the 2[waqf] deed, the contribution shall be pa id out of such income. (4) The contribution payable under sub -section ( 1) in respect of a 2[waqf] shall, subject to the prior payment of any dues to the Government or any local authority or of any other statutory first charge on the 2[waqf] property or the income thereof, be a first charge on the income of the 2[waqf] and shall be recoverable, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of being heard, as an arrear of land revenue. 1. Ins. by Act 27 of 2013, s. 41 (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1-11-2013). 38 (5) If a mutawa lli realises the income of the 1[waqf] and refuses to pay or does not pay such contribution, he shall also be personally liable for such contribution which may be realised from his person or property in the manner aforesaid. (6) Where, after the commenceme nt of this Act, the mutawalli of a 1[waqf] fails to submit a return of the net annual income of the 1[waqf] within the time specified therefor or submits a return which, in the opinion of the Chief Executive Officer is incorrect or false in any material pa rticular, or which does not comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer may assess the net annual income of the 1[waqf] to the best of his judgment or revise the net annual income as shown in the return submitted by the mutawalli and the net annual income as so assessed or revised shall be deemed to be the net annual income of the 1[waqf] for the purposes of this section: Provided that no assessment of net annual income or revision of return submi tted by mutawalli shall be made except after giving a notice to the mutawalli calling upon him to show cause, within the time specified in the notice, as to why such assessment or revision of the return shall not be made and every such assessment or
time specified in the notice, as to why such assessment or revision of the return shall not be made and every such assessment or revisi on shall be made after considering the reply if any, given by the mutawalli. (7) Any mutawalli who is aggrieved by the assessment or revision made by the Chief Executive Officer, under sub -section ( 6), may prefer an appeal to the Board within thirty days f rom the date of the receipt of the assessment or revision of return and the Board may, after giving the appellant a reasonable opportunity of being heard, confirm, reverse or modify the assessment or revision or the return and the decision of the Board the reon shall be final. (8) If, for any reason, the contribution or any portion thereof leviable under this section has escaped assessment in any year, whether before or after the commencement of this Act, the Chief Executive Officer may, within five years fr om the last date of the year to which s uch escaped assessment relates serve upon the mutawalli a notice assessing him with the contribution or portion thereof which had escaped assessment, and demanding payment thereof within thirty days from the date of s ervice of such notice, and the provisions of this Act and the rules made thereunder, shall, as far as may be, apply as if the assessments were made under this Act, in the first instance. 73. Power of Chief Executive Officer to direct banks or other person to make payments .(1) Notwithstanding anything contained in any other law for the time being in force, the Chief Executive Officer, if he is satisfied that it is necessary a nd expedient so to do, make an order directing any bank in which, or any person with whom any money belonging to a 1[waqf] is deposited, to pay the contribution, leviable under section 72 , out of such money, as may be standing to the credit of the 1[waqf] in such bank or may be deposited with such person, or out of the moneys which may, from time to time, be received by bank or other person for or on behalf of the 1[waqf] by wa y of deposit, and on receipt of such orders, the bank or the other person, as the case may be, shall, when no appeal has been preferred under sub-section ( 3), comply with such orders, or where an appeal has been preferred under sub -section ( 3), shall comply, with the orders made by the Tribunal on such appeal. (2) Every payment made by a bank or other person in pursuance of any order made under sub-section ( 1), shall operate as a full discharge of the liability of such bank or ot her person in relation to the sum so paid. (3) Any bank or other person who is ordered under sub -section ( 1) to make any payment may, within thirty days from the date of the order, prefer an appeal against such order to the Tribunal and the decision of the Tribunal on such appeal shall be final. (4) Every officer of the bank or other person who fails, without any reasonable excuse, to comply with the order made under sub -section ( 1) or, as the case may be, under sub -section ( 3), shall be punishable with imp risonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. 74. Deduction of contribution from perpetual annuity payable to the 1[waqf] .(1) Every authority empowered to disburse any perpetual a nnuity payable to a 1[waqf] under any law relating to the abolition of zamindars or jagirs, or laying down land ceilings, shall, on receipt of a certificate from the Chief Executive Officer, specifying the amount of contribution payable by the 1[waqf] 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 39 under section 72 which remains unpaid, deduct before making payment of the perpetual annuity to the 1[waqf] , the amount specified in such certificate and remit the amount so de ducted to the Chief Executive Officer. (2) Every amount remitted under sub -section ( 1) to the Chief Executive Officer shall be deemed to be a payment made by the 1[waqf] and shall, to the extent of the amount so remitted, operate as a full discharge of the liability of such authority with regard to the payment of the perpetual annuity. 75. Power of board to borrow .(1) For the purpose of giving effect to the provisions of this Act, the Board may, with the previous sanction of the State Government, borrow such sum of money and on such terms and conditions as the State Government may determine. (2) The Board shall repay the money borrowed, together with any interest or costs due in respect thereof, according to the terms and conditions of the loan. 76. Mutawalli not to lend or borrow moneys without sanction .(1) No mutawalli, Executive Officer or other person in charge of the administration of a 1[waqf] shall lend any money belonging to the 1[waqf] or any 1[waqf] property or borrow any money for the purposes of the 1[waqf] except with the previous san ction of the Board: Provided that no such sanction is necessary if there is an ex press provision in the deed of 1[waqf] for such borrowing or lending, as the case may be. (2) The Board may, while according sanction, specify any terms and conditions subject to which the person referred to in sub -section ( 1) is authorised by him to lend or borr ow any money or lend any other 1[waqf] property. (3) Where any money is lent or borrowe d, or other 1[waqf] property is lent in contravention of the provisions of this section, it shall be lawful f or the Chief Executive Officer, (a) to recover an amount equal to the amount which has been so lent or borrowed, together with interest due thereo n, from the personal funds of the person by whom such amount was lent or borrowe d; (b) to recover the possession of the 1[waqf] property lent in contravention of the provisions of this Act, from the person to whom it was lent, or from persons who claim title to such property through the person to whom such property was lent. 77. 1[Waqf] Fund .(1) All moneys received or realised by the Board under this Act and all other moneys received as donations, benefactions or grants by the Board shall form a fund to be called the 1[Waqf] Fund. (2) All moneys received by the Board, as donations, benefactions and grants shall be deposited and accounted for under a separate sub -head. (3) Subject to any rules that may be made by the State Government in this behalf, the 1[Waqf] Fund shall be under the control of the Board, so, however, that the 1[Waqf] Fund under the control of common 1[Waqf] Board shall be subject to rules, if any, made in this behalf by the Central Government. (4) The 1[Waqf] Fund shall be applied to (a) repayment of any loan incurred under section 75 and payment of interest thereon; (b) payment of the cost of audit of the 1[Waqf] Fund and the accounts of 2[auqaf] ; (c) payment of the salary and allowances to the officers and staff of the Board; (d) payment of traveling allowances to the Chair person, members, of the Board; (e) payment of all expenses incurred by the Board in the performance of the duties imposed, and the exercise of the powers conferred, by or under this Act; (f) payment of all expenses incurred by the Board for the discharge o f any obligation imposed on it by or under any law for the time being in force. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf s (w.e.f. 1 -11-2013). 40 1[(g) payment of maintenance to Muslim women as ordered by a court of competent jurisdiction under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of 1986) .] (5) If any balance remains after meeting the expenditure ref erred to in sub -section ( 4), the Board may use any portion of such balance for the preservation and protection of 2[waqf] properties or for such other purposes as it may deem fit. 78. Budget of Board .(1) The Board shall in every year prepare, in such form and at such time as may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure during that financial year and forward a copy of the same to the State Government. (2) On receipt o f the budget forwarded to it under sub -section ( 1), the State Government shall examine the same and suggest such alterations, corrections or modifications to be made therein as it may think fit and forward such suggestions to the Board for its consideratio n. (3) On receipt of the suggestions from the State Government the Board may make written representations to that Government with regard to the altera tions, corrections or modifications suggested by that Government and the State Government shall, after con sidering such representations, communicate, within a period of three weeks from the date of receipt thereof, to the Board its final decision in relation to the matter and the decision of the State Government shall be final. (4) On receipt of the decision o f the State Government under sub -section ( 3), the Board shall incorporate in its budget all the alterations, corrections, modifications finally suggested by the State Government and the budget as so altered, corrected or modified, shall be the budget which shall be passed by the Board. 79. Accounts of Board .The Board shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be provided by regulations. 80. Audit of accounts of Board .(1) The accounts of the Board shall be audited and examined annually by such auditor as may be ap pointed by the State Government. (2) The auditor shall submit his report to the State Government and the report of the auditor shall, among other things, specify whether the accounts of every 2[waqf] under the direct management of the Board have been kept separately and whether such account s have been audited annually by the State Examiner of Local Funds and shall also specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report; and the report shall also contain the name of any person who, in the opinion of the auditor is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of such expend iture or loss as due from such person. (3) The cost of the audit shall be paid from the 2[Waqf] Fund. 81. State Government to pass orders on auditors report .The State Government shall examine the auditors report and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders on the report as it thinks fit 3[and a copy of the said auditors report, along with orders shall be forwarded by the State Government to the Council within a period of thirty days of laying of such report before each House of the State Legislature where it consists of two Houses or where such Legislatures consist of one House, before that House ]. 82. Dues of Board to be recovered as arrears of land revenue .(1) Every sum certif ied to be due from any person by an auditor in his report under section 80, be paid by such person within sixty days after service of a demand notice by the Board. (2) If such payment is not made in accordance with the provisions of sub -section ( 1), the sum payable may, on a certificate issued by the Board, after giving the person concerned an opportunity of being heard, be recovered as an arrear of land revenue. 1. Ins. by Act 27 of 2013, s. 42 (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 3. Subs. by s. 4 3, ibid., for as it thinks fit (w.e.f. 1 -11-2013). 41 CHAPTER VIII JUDICIAL PROCEEDINGS 83. Constitution of Tribunals, etc .1[(1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals.] (2) Any mutawalli person interested in a 2[waqf] or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribuna l for the determination of any dispute, question or other matter relating to the 2[waqf] . (3) Where any application made under sub -section ( 1) relates to any 2[waqf] property which falls within the territorial limits of the jurisdiction of two or more Trib unals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the 2[waqf] actually and voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determin ation of such dispute, question or other matter: Provided that the State Government may, if it is of opinion that it is expedient in the interest of the 2[waqf] or any other person interested in the 2[waqf] or the 2[waqf] property to transfer such applica tion to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such 2[waqf] or 2[waqf] property, transfer such application to any other Tribunal having jurisdiction, and, on such transfer, the Trib unal to which the application is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in
which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in the int erest of justice to deal with the application afresh. 3[(4) Every Tribunal shall consist of (a) one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, who shall be th e Chairman; (b) one person, who shall be an officer from the State Civil Services equivalent in rank to that of the Additional District Magistrate, Member; (c) one person having knowledge of Muslim law and jurisprudence, Member; and the appointment of every such person shall be made either by name or by designation. (4A) The terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio members shall be such as may be prescribed. ] (5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, or executing a dec ree or order. (6) Notwithstanding anything contained in the Code of Civil Procedure , 1908 (5 of 1908), the Tribunal shall follow such procedure as may be prescribed. (7) The decision of the Tribunal shall be final and binding upon the parties t o the applic ation and it shall have the force of a decree made by a civil court. (8) The execution of any decision of the Tribunal shall be made by the civil court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908). 1. Subs. by Act 27 of 2013, s. 44, for sub-section ( 1) (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 3. Subs. by s. 4 4, ibid., for sub-section ( 4) (w.e.f. 1 -11-2013). 42 (9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of sa tisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit. 84. Tribunal to hold proceedings expeditiously and to furnish to the part ies copies of its decision .Whenever an application is made to a Tribunal for the determination of any dispute, question or other matter relating to a 1[waqf] or 1[waqf] property it shall hold its proceedings as expeditiously as possible and shall as soon as practicable, on the conclusion of the hearing of such matter give its decision in writing and furnish a copy of such decision to each of the parties to the dispute. 85. Bar of jurisdiction of civil courts .No suit or other legal proceeding shall lie in any 2[civil court, revenue court and any other authority] in respect of any dispute, question or other matter relating to any 1[waqf] , 1[waqf] property or other matter which is required by o r under this Act to be determined by a Tribunal. 86. Appointment of a receiver in certain cases .Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, where any suit or other l egal procee ding is instituted or commenced (a) by or on behalf of a Board (i) to set aside the sale of any immovable property, which is 1[waqf] property, in execution of a decree or order of a civil court; (ii) to set aside the transfer of any immovable property, which is 1[waqf] property, made by the mutawalli thereof, whether for valuable consideration or not, without or otherwise than in accordance with, the sanction of the Board; (iii) to recover possession of the property referred to in clause ( a) or clause ( b) or to restore possession of such property to the mutawalli of the concerned 1[waqf] ; or (b) by a mutawalli to recover possession of immovable property, which is 1[waqf] property, which has been transferr ed by a previous mutawalli 3[or by any other person] , whether for valuable consideration or not, without otherwise than in accordance with the sanction of the Board, and which is in the possession of the defendant, the court may, on the application of the plaintiff, appoint a receiver of such property and direct such receiver to pay from time to time to the plaintiff, out of the income of the property, such amount as the court may consider to be necessary for further pros ecution of the suit. 87. [Bar to the enforcement of right on behalf of unregistered wakfs. ] Omitted by the Wakf (Amendment) Act , 2013 (27 of 2013), s. 47 (w.e.f . 1-11-2013). 88. Bar to challenge the validity of any notification, etc .Save as otherwise expressly provided in this Act, no notification or order or decision made, proceeding or action taken, by the Central Government or the State Government under this Act or any rule made thereunder shall be questioned in any Civil Court. 89. Notice of suits by parties against Board .No suit shall be instituted against the Board in respect of any act purporting to be done by it in pursuance of this Act or of any rules made thereunder, until the expiration of two months next after notice in writing has been del ivered to, or left at, the office of the Board, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4 5, ibid., for civil court ( 1) (w.e.f. 1 -11-2013). 3. Ins. by s. 46, ibid. (w.e.f. 1 -11-2013). 43 90. Notice of suits, etc., by courts .(1) In every suit or proceeding relating to a title to or possession of a 1[waqf] property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to the Board at the cost of the party instituting such suit or proceeding. (2) Whenever any 1[waqf] property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall be gi ven to the Board by the court, Collector or other person under whose order the sale is notified. (3) In the absence of a notice under sub -section ( 1), any decree or order passed in the suit or proceeding shall be declared void, if the Board , within 2[six month ] of its coming to know of such suit or proceeding, applies to the court in this behalf. (4) In the absence of a notice under sub -section ( 2), the sale shall be declared void, if the Board, within one month of its coming to know of the sale, applies in this behalf to the court or other authority under whose order the sale was held. 91. Proceedings under Act 1 of 1894 .(1) If, in the course of proceedings under the Land Acquisition Act, 1894 or under any law for the time being in force relating to the acquisition of land or other property, 3[and before an award is made, in case the property ] under acquisition is 1[waqf] property, a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be stayed to enable the Board to appear and plead as a party to the proceeding at any time within three months from the date of the receipt of s uch notice. Explanation .The reference to the Collector in the foregoing provisions of this sub -section shall, in relation to any other law referred to therein, be construed, if the Collector is not the competent authority under such other law to make an a ward of the compensation or other amount payable for acquisition of land or other property thereunder, as a reference to the authority under such other law competent to make such award. (2) Where the Board has reason to believe that any property under acqu isition is 1[waqf] property, it may at any time before the award is made appear and plead as a party to the proceeding. (3) When the Board has appeared under the provisions of sub -section ( 1) or sub-section ( 2), no order shall be passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the corresponding provisions of the other law referred to in sub -section ( 1) without giving an opportunity to the Board to be heard. (4) Any order passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the corresponding provisions of the other law referred to in sub -section ( 1) without giving an opportunity to the Board to be heard, shall be declared void if the Board, within one month of its coming to know of the order, ap plies in this behalf to the authority which made the order. 92. Board to be party to suit or proceeding .In any suit or proceeding in respect of a 1[waqf] or any 1[waqf] property the Board may appear and plead as a party to the suit or proceeding. 93. Bar to compromise of suits by or against mutawallis .No suit or proceeding in any court by or against the mutawalli of a 1[waqf] relating to title to 1[waqf] property or the rights of the mutawalli shall be compromised without the sanction of the Board. 94. Po wer to make application to the Tribunal in case of failure of mutawalli to discharge his duties .(1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to the Tribunal for an order directing the mutawalli to pay to the Board or to any person authori sed by the Board in this behalf the amount necessary for the performance of such act. (2) Where a mutawalli is under an o bligation to discharge any other duties imposed on him under the 1[waqf] and the mutawalli wil fully fails to discharge such duties, the Board or any person interested in the 1[waqf] may make an application to the Tribunal and the Tribunal may pass such ord er thereon as it thinks fit. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 48, ibid., for one month (w.e.f. 1 -11-2013). 3. Subs. by s. 49, ibid., for it appears to the Collector before an award is made that any property (w.e.f. 1 -11-2013). 44 95. Power of appellate authority to entertain appeal after expiry of specified period .Where , under this Act any period has been specified for the filing of any appeal, the appellate authority may, if it is satisfied that the a ppellant was prevented by sufficient cause from preferring the appeal within the period so specified, entertain the appeal after the expiry of the said period. CHAPTER IX MISCELLANEOUS 96. Power of Central Government to regulate secular activities of 1[auqaf] .(1) For the purpose of regulating the secular activities of 1[auqaf] , the Central Government shall have the followin g powers and functions, namely: (a) to lay down general principles and policies of 2[waqf] administration in so far as they relate to the secular activities of the 1[auqaf] ; (b) to co -ordinate the functions of the Central 2[Waqf] Council and the Board, in so far as they relate to their secular functions; (c) to review administration of the secu lar activities of 1[auqaf] generally and to suggest improvements, if any. (2) In exercising its powers and functions under sub -section ( 1), the Central Government may call for any periodic or other reports from any Board and may issue to the Board such dir ections as it may think fit and the Board shall comply with such directions. Explanation .For the purposes of this section secular activities shall include social, economic, educational and other welfare activities. 97. Directions by State Government .Subject to any directions issued by the Central Government under section 96, the State Government may, from time to time, give to the Board such general or special directions as the State Government thinks fit and in the performance of its functions, the B oard shall comply with such directions : 3[Provided that the State Government shall not issue any direction being contrary to any waqf deed or any usage; practice or custom of the waqf. ] 98. Annual report by State Government .As soon as may be after the close of a financial year, the State Government shall cause a general annual report on the working and administration of the State 2[Waqf] Board and the Administration of 1[auqaf] in the State during that year to be prepared an d laid before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House, and every such report shall be in such form and shall contain such matters as may be provided by regulati ons. 99. Power to supersede Board .(1) If the State Government is of opinion that the Board is unable to perform or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded o r abused its powers, or has wil fully and without sufficient cause failed to comply with any direction issued by the Central Government under section 96 or the State Government under section 97 , or if the State Government is satisfied on consideration of any report submitted after annual inspection, that the Boards continuance is likely to be injurious to the interests of t he 1[auqaf] in
pection, that the Boards continuance is likely to be injurious to the interests of t he 1[auqaf] in the State, the State Government may, by notification in the Official Gazette, supersede the Board for a period not exceeding six months: Provided that before issuing a notification under this sub -section, the State Government shall give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board : 4[Provided further that the power of the State Government under this section shall not be exercised unless th ere is a prima facie evidence of financial irregularity, misconduct or violation of the provisions of this Act. ] 1. Subs. by Act 27 of 2013, s. 4, for wakfs (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 3. Ins. by s. 50, ibid. (w.e.f. 1 -11-2013). 4. Ins. by s. 51, ibid. (w.e.f. 1 -11-2013). 45 (2) Upon the publication of a notification under sub -section ( 1) superseding the Board, (a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members; (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during t he period of supersession, be exercised and performed by such person or persons as the State Government may direct; and (c) all properties vested in the Board shall, during the period of supersession vest in the State Government. (3) On the expiration of t he period of supersession specified in the notification issued under sub-section ( 1), the State Government may 1[(a) extend the period of supersession by another six months with reasons to be recorded in writing and, the period of continuous sup ersession shall not exceed more than a year; or ] (b) reconstitute the Board in the manner provided in section 14. 100. Protection of action taken in good faith .No suit or other legal proceeding shall lie against the board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act. 101. Survey Commissioner, members and officers of the Board , deemed to be public servants . (1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (2) Every mutawalli of a 2[waqf] , every member of managing committee, whether constituted by th e Board or under any deed of 2[waqf] , every Executive Officer and every person holding any office in a 3[waqf] shall also be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 102. Special provision for re organisation of certain Boards .(1) Where on account of the reorganisation of States under any law providing reorganisation of States, the whole or any part of a State in respect of which a Board was, immediately before the day of such reorganisation, func tioning has been transferred on that day to another State and by reason of such transfer, it appears to the Government of a State in any part of which the Board is functioning that the Board should be dissolved or that it should be reconstituted as an Intr a-State Board for the whole or any part of that State, the State Government may frame a scheme or such dissolution or such reconstitution, including proposals regarding the transfer of the assets, rights and liabilities of the Board to any other Board or State Government and the transfer or re-employment of employees of the Board and forward the scheme to the Central Government. (2) On receipt of a scheme forwarded to it under sub -section ( 1), the Central Government may, 3[after consulting the Council and the State Governments ] concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit. (3) An order under sub -section ( 2) may provide for all or any of the following m atters, namely: (a) the dissolution of the Board; (b) the reconstitution in any manner whatsoever of the Board including the establishment, where necessary, of a new Board; (c) the area in respect of which the reconstituted Board or new Board shall function and operate; (d) the transfer, in whole or in part, of the assets, rights and liabilities of the Board (including the rights and liabilities under any contract made by it) to an y other Board or State Government and the terms and conditions of such transfer; 1. Subs. by Act 27 of 2013, s. 51, for clause ( a) (w.e.f. 1-11-2013). 2. Subs. by s. 4, ibid., for wakf (w.e.f. 1 -11-2013). 3. Subs. by s. 52, ibid., for after consulting the State Governments (w.e.f. 1 -11-2013). 46 (e) the substitution of any such transferee, for the Board, or the addition of any such transferee, as a party to any legal proceeding to which the Board is a party; and the t ransfer of any proceeding pending before the Board to any such transferee; (f) the transfer o r re-employment of any employee of the Board to or by, any such transferee and subject to the provisions of law providing for the reorganisation of the concerned State , the terms and conditions of service applicable to such employees after such transfer or re -employment; and (g) such in cidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme. (4) Where an order is made under this section transferring the assets, rights and liabilities of the Board, then, by virtue of that order, such asse ts, rights and liabilities of the Board shall vest in, and be the assets, rights and liabilities of, the transferee. (5) Every order made under this section shall be published in the Official Gazette. (6) Every order made under this section shall be laid b efore each House of Parliament, as soon as may be, after it is made. 103. Special provision for establishment of Board for part of a State .(1) Where on account of the territorial changes brought about by any law providing for the reorganisation of any State, this Act is as from the date on which that law comes into force applicable only to any part or parts of a State but has not been brought into force in the remaining part thereof, then notwithstanding anything contained in this Act, it shall be lawfu l for the Government of the State to establish one or more Boards for such part or parts in which this Act is in force and in such a case any reference in this Act to the word State in relation of a Board shall be construed as a reference to that part of the State for which the Board is established. (2) Where any such Board has been established and it appears to the Government of the State, that a Board should be established for the whole of the State, the State Government may, by order notified in the Official Gazette dissolve the Board established for the part of the State or reconstitute and reorganise, such Board or establish a new Board for the whole of the State and thereupon, the assets, rights and liabilities of the Board for the part of the State shall vest in and be the assets, rights and liabilities of the reconstituted Board or the new Board, as the case may be. 104. Application of Act to properties given or donated by persons not professing Islam for support of certain 1[waqf] .Notwithstanding anything contained in this Act where any movable or immovable property has been given or donated by any person not professing Islam f or the support of a 1[waqf] being (a) a mosque, idgah, imambara, dargah, khangah or a maqbara; (b) a Muslim graveyard; (c) a choultry or a musafirkhana, then such property shall be deemed to be comprised in that 1[waqf] and be dealt in the same manner as the 1[waqf] in which it is so comprised. 2[104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property. (1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person. (2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub -section ( 1) shall be void ab initio .] 3[104B. Restoration of waqf properties in occupation of Government agencies to waqf Board. (1) If any waqf propert y has been occupied by the Government agencies it shall be returned to the Board or the mutawalli within a period of six months from the date of the order of the Tribunal. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Ins. by s. 53, ibid. (w.e.f. 1 -11-2013). 3. Ins. by s. 54, ibid. (w.e.f. 1 -11-2013). 47 (2) The Government agency may, if the property is required for a public purpose, mak e an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value. ] 105. Power of Board and Chief Executive Officer to require copies of documents, etc., to be furnished. Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Board or the Chief Executive Officer to require any person having the custody of any record, register, report or other document relating to a 1[waqf] or any immovable property, which is 1[waqf] property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any such record, register, report or document and every person to whom such a requisition is made, shall furnish, as soon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the required record, register, report or other document. 106. Powers of Central Government to constitute common Boards .(1) Where the Central Government i s satisfied that by reasons of (i) the smallness of the Muslim population in two or more States, (ii) the slender resources of the 2[Auqaf] in such States, and (iii) the disproportion between the number and income of the 2[auqaf] and the Muslim population in such States, it is expedient in the interests of the 2[auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may, 3[after consultation with the Council and the Government ] of each of the concerned States, establish, by notification in the Official Gazette, a common Board for such States as it may deem fit, and may, by the same or any subsequent notification specify the place at which the pr incipal office of such common Board shall be located. (2) Every common Board established under sub -section ( 1) shall, as far as practicable, consist of the persons specified in sub -section ( 1) or, as the case may be, sub-section ( 7) of section 14 . (3) Whenever any common Board is est ablished under sub -section ( 1) (a) all powers vested in the State Government under any deed of 1[waqf] or any provision of law for the time being in force relating to 2[auqaf] , shall stand transferred to, and vested in, the Central Government and, thereupon, references in such deed of 1[waqf] or law to the State Governments shall be construed as references to the Central Government: Provided that while establishing a common Board for two or more States, the Central Government shall ensure, that at least one representative of each of the concerned States is in cluded as a member of the Board; (b) references i n this Act to a State shall be construed as references to each of the States for which the common Board has been established; (c) the Central Government may, without prejudice to any rule applicable to a Board in a State, may, by notification in the Offici al Gazette, rules regulating the conduct of business by, and affairs of, the common Board. (4) The common Board shall be a body corporate, with objects not confined to one State, having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property, subject to such conditions and restrictions as may be specified by the Central Government, and shall by the said name sue or be sued. 107. Act 36 of 19 63 not to apply for recovery of 1[waqf] properties .Nothing c ontained in the Limitation Act, 1963 shall apply to any suit for possession of immovable property comprised in any 1[waqf] or for possession of any interest in such property. 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 3. Subs. by s. 55, ibid., for after consultation with the Government (w.e.f. 1 -11-2013). 48 108. Special provision as to evacuee 1[waqf] properties .The provisions of this Act shall apply, and shall be deemed always to have applied, in relation to any evacuee property within the meaning of clause ( f) of section 2 of the Administration of Evacuee Property Act, 1950 (31 of 1950) which immediately befo re it became such evacuee property within the said meaning was property comprised in any 1[waqf] and, in particular any entrustment (whether by transfer of any documents or in any other manner and whether generally or for specified purpose) of any such pro perty to a Board made before the commencement of this Act in pursuance of the instructions of the Custodian under the Administration
perty to a Board made before the commencement of this Act in pursuance of the instructions of the Custodian under the Administration of Evacuee Property Act, 1950 shall have, and shall be deemed always to have had, notwithstanding anything contained in any other provision of this Act, effect as if s uch entrustment had operated to (a) vest such property in such Board in the same manner and with the same effect as in a trustee of such property for the purposes of sub -section ( 1) of section 11 of the Adminis tration of Evacuee of Property Act, 1950 (31 of 1950), with effect from the date of such entrustment, and (b) authorise such Board to assume direct management of the 1[waqf] concerned for so long as it might deem necessary. 2[108A. Act to have overriding effect. The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other tha n this Act. ] 109. Power to make rules.(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act, other than those of Chapter III. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: 3[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause ( i) of section 3; (ia) other particulars which the report of the Survey Commissioner may contain under clause ( f) of sub -section ( 3) of section 4; ] (ii) any other matter under clause ( f) of sub -section ( 4) of section 4 ; (iii) the particulars which a list of 4[Auqaf] published under sub-section ( 2) of section 5 , may contain; (iv) the manner of election of members of the Board by means of a single transferable vote, 5[under sub-section ( 1) of ] sub-section ( 2) of section 14 ; (v) the terms and conditions of service of the Chief Executive Officer under sub -section ( 2) of section 23 ; (vi) the conditions and restrictions subject to which the Chief Executi ve Officer or any other officer may inspect any public office , records or registers under section 29; 6[(via) the period within which the mutawalli or any other person may produce documents related to waqf properties under sub -section ( 2) of section 31; (vib) the conditions under which an agency of the Government or any other organisation may supply copies of records, registers and other documents under sub -section ( 3) of section 31; ] (vii) the conditions subject to which an Executive Officer and supporting staff may be appointed under sub-section ( 1) of section 38 ; (viii) the manner in which an inquiry may be held by th e Chief Ex ecutive Officer under sub-section ( 1) of section 39 ; 1. Subs. by Act 27 of 2013, s. 4, for wakf (w.e.f. 1 -11-2013). 2. Ins. by s. 56, ibid. (w.e.f. 1 -11-2013). 3. Subs. by s. 57, ibid., for clause ( i) (w.e.f. 1 -11-2013). 4. Subs. by s. 4, ibid., for wakfs (w.e.f. 1 -11-2013). 5. Subs. by s. 57, ibid., for under (w.e.f. 1 -11-2013). 6. Ins. by s. 57, ibid. (w.e.f. 1 -11-2013). 49 (ix) the form in which, and the time within which, a separate budget for 1[Auqaf] under the direct management of the Board shall be prepared under sub-section ( 1) of section 45 ; (x) the interval at which account s of 1[Auqaf] may be audited in pursuance of the provisions of sub-section ( 1) of section 47; 2* * * * * (xii) the guidance subject to which the Collector shall recover the property transferred in contravention of the provisions of this Act, under section 52 ; (xiii) the manner of service of notice issued under sub-section ( 1) of section 54 and the manner in which any inquiry is to be made under sub-section ( 3) of that section ; (xiv) the manner in which any inquiry may be held under section 64 or section 71; (xv) the other matters which may be specified in the report submitted under sub-section (3) of section 65 ; (xvi) the manner of publication of order made under sub-section ( 2) of section 67; (xvii) the manner in which consultation may be made with mutawalli under sub -section ( 1) of section 69; (xviii) the manner of publication of order made under sub-section ( 3) of section 69 ; (xix) the rate at which contribution is to be made by a mutawalli under section 72 ; (xx) the payment of moneys into the 3[Waqf] Fund, the investment, the custody and disbursement of such moneys under section 77 ; (xxi) the form in which, and the time within which, the budget of the Board may be prepared and submitted under section 78 ; (xxii) the time within which application is to be made to the Tribunal under sub-section ( 2) of section 83 ; 4[(xxiia ) the terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio members unde r sub-section ( 4A) of section 83; ] (xxiii) the procedure which the Tr ibunal shall follow under sub-section ( 6) of section 83 ; (xxiv) the form in which the annual report is to be submitted and the matters which such report shall contain under section 98; and (xxv) any other matter which is required to be, or may be, prescribed. 110. Powers to make regulations by the Board .(1) The Board may, with previous sanction of the State Government, make regulations not inconsistent with this Act or the rules made thereunder, for carrying out its functions under this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for al l or any o f the following matters, namely (a) the time and places of the meetings of the Board under sub-section ( 1) of section 17 ; (b) the procedure and conduct of business at the meetings o f the Board; (c) the constitution and functions of the committees and the Board and the procedure for transaction of business at the meetings of such committees; (d) the allowances or fees to be paid to the Chairperson or members of the Board or members of committees; (e) the terms and conditions of service of the officers and other employees of the Board under sub-section (2) of section 24 ; 1. Subs. by Act 27 of 2013, s. 4, for wakfs (w.e.f. 1 -11-2013). 2. Cl. (xi) omitted by s. 57, ibid. (w.e.f. 1 -11-2013). 3. Subs. by s. 4, ibid., for wak f (w.e.f. 1 -11-2013). 4. Ins. by s. 57, ibid. (w.e.f. 1 -11-2013). 50 (f) the forms of application for registration of 1[Auqaf] further particulars to be contained therein and the manner and place of registration of 1[Auqaf] under sub-section ( 3) of section 36 ; (g) further part iculars to be contained in the r egister of 1[Auqaf] under Section 37; (h) the form in which, and the time within which, the budgets of 1[Auqaf] may be prepared and submitted by the Mutawalli and approved by the Board under sub-section (1) of section 44 ; (i) the books of accounts and other books to be maintained by the Board under section 79 ; (j) fees payable for inspection of proceedings and records of the Board or for issue of copies of the same; (k) persons by whom any order or decision of the Board may be authenticated; and (l) any other matter which has to be, or may be, provided by regulations. (3) All regulations made under this section shall be published in the Official Gazette and shall have effect from the date of such publication. 111. Laying of rules and regulations before State Legislature .Every rule made under section 109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before the State Legislature. 112. Repeal and savings .(1) The Wak f Act, 1954 (29 of 1954) and the Wak f (Amendment) Act, 1984 (69 of 1984) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act. (3) If, immediately before the commencement of this Act, in any State, there is in force in that State, any law which correspond s to this Act that corresponding law shall stand rep ealed: Provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such things were done or action was taken. 113. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of the period o f two years from the commencement of this Act. (2) However, order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 1. Subs. by Act 27 of 2013, s. 4, for wakfs (w.e.f. 1 -11-2013).
THE PENSIONS ACT, 1871 ACT NO. 23 OF 1871 [8th August , 1871.] An Act to consolidate and amend the law relating to pensions and grants by Government of money or land -revenue. Preamble. WHEREAS it is expedient to consolidate and amend the law relating to pensions and grants by Government of money or land -revenue; It is hereby enacted as follows: I.PRELIMINARY . 1. Short title .This Act may be called the 1Pensions Act, 1871 : Extent of Act .2[In so far as it relates to Union pensions, it extends to the whole of India and in so far as it relates to other pensions, it extends] to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B States]]. 5* * * * * 6* * * * * STATE AMENDMENT Karnataka In section 1, for the entry under th e heading Extent of Act, the following entry shall be substituted, namely: - It extends to the whole of the State of Karnataka. [Vide Karnataka Act 23 of 1979, s. 4] 2.[Enactments repealed Saving of Rules. ] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule . 3. Interpretation -section.In this Act, the expression grant of money or land -revenue includes anything payable on the part of Government in respect of any right, privilege, perquisite or office. 7[3A.Defini tion.The expression the appropriate Government means, in relation to8[Union] pensions, the Central Government, and in relation to other pensions, 9[the State Government.] II.RIGHTS TO PENSIONS . 4. Bar of suits relating to pensions. Except as hereinafter provided , no Civil Court shall entertain any suit relating to any pension or grant of money or land -revenue conferred or made by the 10[Government or by] any former Government, whatever may have been the consideration for any such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted. 1.It has been amended in its application to U. P. by U. P. Act 12 of 1922. Rep. in par t in West Bengal by West Bengal Act 7 of 1948. The Act has been extended to the Union territories and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First S chedule (w.e.f. 1 -7-1965) and extended to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1 -10-1967). The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955. 2.Subs . by Act 20 of 1982, s. 2, for It extend. 3.Subs. by the A.O .1950, for all the Provinces of India which had been subs. by the A.O.1948, for the whole of British India. 4.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for Part B States. 5.The words And it shall come into force on the date of the passing thereof rep . by Act 10 of 1914, s. 3 and the Second Schedule . 6.The words but not so as to affect any suit in respect of a pension or grant of money or land -revenue which may have been instituted before such date rep. by Act 12 of 1891, s. 2 and the First Schedule . 7.Ins. by the A.O. 1937 (w.e.f. 1 -4-1937) . 8.Sub. by the A. O. 1950 , for federal (w.e.f. 26 -1-1950 ). 9. Subs. by the A.O. 1950, for Provincial Government. 10.Subs. by the A. O. 1950, as amended by C.O . 29, for British or. 3 5. Claims to be made to Collector , Deputy Commissioner, or other authorized officer.Any person having a claim relating to a ny such pension or grant may prefer such claim to the Collector of the District or Deputy Commissioner or other officer authorized in this behalf by the1[appropriate Go vern ment], and such Collector, Deputy Commissioner or other officer shall dispose of such claim in accordance with such rules as the Chief Revenue Authority may, subject to the general control of the 1[appropriate Government], from time to time prescribe in this behalf. STATE AMENDMENT Karnataka Amendment of section 5 .In section 5, of the words, Any person having a claim, the words Save as otherwise provided i n any law or any rule regulating payment of pension to persons appointed to public services and posts in connection with the affairs of the State, any person having a claim shall be substituted and for the words as the Chief Revenue Authority may, subject to the general control of the appropriate Government, the words as the appropriate Government may shall be substitut ed; [Vide Karnataka Act 23 of 1979, s. 4] 6. Civil Court e mpowered to take cognizance of such claims. A Civil Court, otherwise competent to try the same, shall take cognizance of any such claim upon receiving a certificate from such Collector, Deputy Commissioner or other officer authori zed in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of Government to pay any such pension or grant as aforesaid is affected directly or indirectly. 7. Pensions for lands held under grants in perpetui ty.Nothing in sections 4 and 6 applies to (1) any inam of the class referred to in the first section of Madras Act No. IV of 18622; (2) pensions heretofore granted by Government in the territories respectively subject to the Lieutenant -Governors of Beng al and the North -Western Provinces, either wholly or in part as an indemnity for loss sustained by the resumption by a Native Government of lands held under sanads purporting to confer a right in perpetuity. Such pensions shall not be liable to resumption on the death of the recipient, but every such pension shall be capable of alienation and descent, and may be sued for and recovered in the same manner as any other property. III.MODE OF PAYMENT . 8. Payment to be made by Collector , Deputy Commissioner or other authori zed officer. All pensions or grants by Government of money or land -revenue shall be paid by the Collector or the Deputy Commissioner or other authorized officer, subject to such rules as may, from time to time, be prescribed by the Chief Contro lling Revenue -Authority. STATE AMENDMENT Karnataka Amendment of section 8. In section 8, for the words All pensions or grants the words Save as otherwise provided in any law or an y rule regulating grant and payment of pension to person s appointed to public services and posts in connection with the affairs of the State, all pensions or grants, shall be substituted and for the words Chief Controlling Revenue Authority the words appropriate Government shall be substituted; [Vide Karnat aka Act 23 of 1979, s. 4] 1. Subs. by the A.O. 1937, for L ocal Government . (w.e.f. 1 -4-1937) . 2. I.e., inams of the classes described in clase 1, s. 2, [Mad.] Regulation 4 of 1831, which have been, or shall be, enfranchised by the Inam Commissioner and converted into freeholds in perpetuity, or into absolute freeholds in perpetuity. The classes so described are hereditary or personal grants of money or of land -revenue, however, denominated, conferred by the authority of the Governor in Council [or which, having been made by any Native Govt. have been confirmed or continued by the British Govt. Act 31 of 1836] in consideration of services render ed to the State or in lieu of resumed offices or privileges, or of zamindaris or paleiyams forfeited or held under attachment or management by the officers of Govt., or as a yaumia or charitable allowance, or as a pension. 4 9. Saving of rights in respect of the recovery of land -revenue.Nothing in sections 4 and 8 shall affect the right of a grantee of land -revenue, whose claim to such grant is admitted by Government, to recover such revenue from th e persons liable to pay the same under any law for the time being in force for the recovery of the rent of land. 10. Commutation of pensions. The 1[appropriate Government] may, with the consent of the holder, order the whole or any part of his pension or g rant of money or land-revenue to be commuted for a lump sum on such terms as may seem fit. IV.MISCELLANEOUS . 211. Exemption of pension from attachment. No pension granted or continued by Government on political considerations, or on account of past servi ces or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequest ration by process of any Court 3*, at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a decree or order of any such Court. 4[This section applies 3* also t o pensions granted or continued5, after the separation of Burma from India, by the Government of Burma.] 12. Assignments, &c., in anticipation of pension, to be void. All assignments, agreements , orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned in section 11, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void. 6[12A. Nomination by pensioner to receive moneys outstanding on account of pension. Notwithstanding anything contained in section 12 or in any other law for the time being in force, (a) any person to whom any pension mentioned in section 11 is payable by the Government of India or out of the Consolidated Fund of India (such person being h ereinafter referred to as the pensioner) may nominate any other person (hereinafter referred to as the nominee), in such manner and in such form as may be prescribed by the Central Government by rules, to receive after the death of the pensioner, all money s payable to the pensioner on account of such pension at, before or after the date of such nomination and which remain unpaid immediately before the death of the pensioner; and (b) the nominee shall be entitled, on the death of the pensioner, to receive, t o the exclusion of all other persons, all such moneys which have so remained unpaid: Provided that if the nominee predeceases the pensioner, the nomination shall, so far as it relates to the right conferred upon the said nominee, become void and of no effe ct: Provided further that where provision has been duly made in the nomination, in accordance with the rules made by the Central Government, conferring upon some other person the right to receive all such moneys, which have so remained unpaid, in the event of the nominee predeceasing the pensioner, such right shall, upon the decease as aforesaid of the nominee, pass to such other person.] 1. Subs. by the A.O. 1937, for Local Government. 2. See also s. 60, cl ause (g) of the Code of Civil Procedure 1908 (Act 5 of 1908). 3. The words in Part A States and Part C States omitted by the Adaptation of Laws (No. 2) Order, 1956. The words and letters Part A States and Part C States were subs. by the A.O. 1950, for the Provinces which had been subs. by the A.O. 1948, for British India. 4. Ins. by the A. O. 1937 (w.e.f. 1 -4-1937) . 5. I.e., on or after the1st April, 1937. 6. Ins. by Act 20 of 1982, s. 3. 5 13. Reward to informers. Whoever proves to the satisfaction of the 1[appropriate Government] that any pension is fraudul ently or unduly received by the person enjoying the benefit thereof shall be entitled to a reward equivalent to the amount of such pension for the period of six months. 14. Power to make rules .2[In each State] the Chief Controlling Revenue Authority may, with the consent of the 1[appropriate Government], from time to time make rules consistent with this Act respecting all or any of the following matters: (1) the place and times at which, and th e person to whom, any pension shall be paid ; (2) inquiries into the identity of claimants ; (3) records to be kept on the subject of pensions ; (4) transmission of such records ; (5) correction of such records ; (6) delivery of certificates to pensioners ; (7) registers of such certificates ; (8) reference to the Civil Court, under section 6, of persons claiming a right of succes sion to, or participation in, pensions or grants of money or land -revenue payable by Govern ment , and generally for the guidance of officers under this Act. All such rules shall be published in the local official Gazette, and shall thereupon have the force of law. STATE AMENDMENT Karnataka Amendment of section 14. -In section 14, for the words, Chief Controlling Revenue Authority may with the consen t of the appropriate Government , the words appropriate Government may shall be substituted. [Vide Karnataka Act 23 of 1979, s. 4] 3[15. Power of Central Government to make rules. The Central Government may, by notif ication in the Official Gazette, make
3[15. Power of Central Government to make rules. The Central Government may, by notif ication in the Official Gazette, make rules to provide for all or any o f the following matters, namely : (a) the manner and form in which any nomination may be made under section 12A and the manner and form in which such nomination may be cancelled or va ried by another nomination; (b) the manner in which provision may be made, for the purposes of the second proviso to section 12A, in any such nomination for conferring on some person other than the nominee the right to receive moneys payable to the nominee if such no minee predeceases the pensioner. 16. Laying of rules. Every rule made by the Central Government under this Act and every rule made under section 14 by a Chief Controlling Revenue Authority with the consent of the Central Government, shall be lai d, as soon as may be after it is made, before each House of Parlia ment, 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 immedia tely 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 ef fect, as the case may be; so, however, that any such modi fication or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1.Subs. by the A .O. 1937, for L.G. 2.Ins., ibid. 3.Ins. by Act 20 of 19 82, s. 3. 6 [SCHEDUL E.]Rep. by the Repealing Act , 1938 (1 of 1938), s. 2 and the Schedule . _______
THE CENTRAL UNIVERSIT IES ACT, 2009 ACT NO. 25 OF 2009 [20th March, 2009.] An Act to establish and incorporate universities for teaching and research in the various States and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the S ixtieth Year of the Republic of India as follows: 1. Short title and commencement. (1) This Act may be called the Central Universities Act, 2009. (2) It shall be deemed to have come in to force on the 15 th day of January, 2009. 2. Definitions. In this Act, and in all Statutes made hereunder, unless t he context otherwise requires, (a) Academic Council means the Academic Council of the University; (b) academic staff means such categories of staff as are designated as academic staff by the Ordinances; (c) Board of Studies means the Board of Studies of a Department of the University; (d) College means a college maintained by the University; (e) Chancellor, Vice -Chancellor and Pro-Vice -Chancellor mean, respectively, the Chancellor, Vice -Chancellor and Pro -Vice-Chancellor of the University ; (f) Court means the Court of the University; (g) Department means a Department of Studies and include s a Centre of Studies; (h) distance education system means the system of imparting education through any m eans of communication, such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such means; (i) employee means any person appointed by the University and include teachers and other staff of the U niversity ; (j) Executive Council means the Executive Council of the University; 1[(ja) Gati Shakti Vishwavidyalaya means the University established under section 3F; ] (k) Hall means a unit of residence or of corporate life for the student of the University, or of a College or an Institution, maintained by the Universi ty; (l) Institution means an academic institution, not being a College, maintained by the University; (m) Principal means the Head of a College or an Institution maintained by the University and include s, where there is no principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice - Principal duly appointed as such; (n) Regulations means the Regulations made by any authority of the University under this Act for the t ime being in force; (o) School means a School of Studies of the University; (p) Statutes and Ordinances mean, respectively, the Statutes and the Ordinances of the University for the time being in force; (q) teachers of the University means Professo rs, Associate Professors, Assistant Professors and such other persons as may by appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the Universit y and are designated as teachers by the Ordinances; and (r) University means a University established and incorporated as a University under this Act. 1. Ins. by Act 17 of 20 22, s. 2 ( w.e.f. 6-12-2022 ). 4 3. Establishment of Univ ersities. (1)The Guru Ghasidas Vishwavidyalaya in the State of Chhattisgarh and Doctor Harisingh Gour Vishwavidyalay a in the State of Madhya Pradesh, established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973) , and Hemvati Nandan Bahuguna Garhwal University in the State of Uttarakhand, established under the Utt ar Pradesh State Un iversities Act,1973 (Presidents Act 10 of 1973) , shall be established as bodies corporate under this Act by the same names of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University , respe ctively. (2) The headquarters of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall be at Bilaspur, Sagar and Srinagar, respectively. (3) The jurisdiction of Guru Ghasidas Vishwavidyal aya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall ex tend to the Bilaspur, Raigarh and Surguja districts of the State of Chhattisgarh, the Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh districts of t he State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwal, Hardwar, Rudraprayag, Tehri Garhwal and Uttarkashi distric ts of the State of Uttarakhand, respectively. (4) There shal l be established, the Universities in the various States as bodies corpora te, by such names and territorial jurisdiction, as specified in the First Schedule to this Act. (5) The headquarters of each of the University, referred in sub -section (4), shall be such as may be specified by the Central Government by notification in the Official Gazette. (6) The first Chancellor, the first Vice -Chancellor and the first members of the Court, the Executive Counc il and the Academic Council of e ach University, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the University. (7) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name. 1[3A. Special provision wit h respect to the 2[Union Territory of Jammu and Kashmir ].(1) The Central University of Jammu and Kashmir established under sub -section ( 4) of section 3 shall be known as the Central University of Kashmir and its territorial jurisdiction shall be limited to the Kashmir Division of the 2[Union Territory of Jammu and Kashmir] . (2) There shall be established a university, which shall be a body corporate, to be known as the Central University of Jammu having its territorial jurisdiction extending to the Jammu Division of the 2[Union Territory of Jammu and Kashmir] . (3) All assets and liabilities of the Central University of Jammu and Kashmir in respect of the territory of Jammu Division of the 2[Union Territory of Jammu and Kashmir] shall stand transferred t o be the assets and liabilities of the Central University of Jammu. (4) Anything done or any action taken by the University of Jammu and Kashmir in respect of the territory of Jammu Division of the 2[Union Territory of Jammu and Kashmir] * shall be deemed t o have been done or taken by the Central University of Jammu. (5) Any suit or legal proceedings instituted or continued by or against the Central University of Jammu and Kashmir in respect of the territory of Jammu Division of the 2[Union Territory of Jamm u and Kashmir] * shall be deemed to have been instituted or continued by or against the Central University of Jammu ]. 3[3B. Special provision with respect to State of Bihar. (1) The Central University of Bihar established under sub -section ( 4) of section 3 shall be known as the Central University of South Bihar, having its territorial jurisdiction extending to the territory in the south of River Ganges in the State of Bihar, as specified in the First Schedule to this Act. 1. Ins. by Act 38 of 2009, s. 2 (w.e.f . 20-10-2009). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2. Subs. by Act 27 of 2021, s. 2, for State of Jammu and Kashmir (w.e.f. 6 -7-2022). 3. Section 3B shall stand inserted (date to be notified) by Act 35 of 2014, s. 2. 5 (2) There shall be established a Uni versity, which shall be a body corporate, to be known as the Mahatma Gandhi Central University, having its territorial jurisdiction extending to the territory in the north of the River Ganges in the State of Bihar, as specified in the First Schedule to thi s Act ]. 1[3C. Establishment of Central University of Andhra Pradesh .There shall be established a University, which shall be a body corporate, to be known as the Central University of Andhra Pradesh, having its territorial jurisdiction extending to the who le of the State of Andhra Pradesh, as specified in the First Schedule to this Act. 3D. Establishment of Central Tribal University of Andhra Pradesh .There shall be established a Tribal University, which shall be a body corporate, to be known as the Central Tribal University of Andhra Pradesh, as specified in the First Schedule to this Act, to provide avenues of higher education and research facilities primarily for the tribal population of India.] 2[3E. Establishment of Sindhu Central University. There shall be established a University, which shall be a body corporate, to be known as the Sindhu Central University, having its territorial jurisdiction extending to the whole of the Union territory of L adakh, as specified in the First Schedule to this Act.] 3[3F. Establishment of Gati Shakti Vishw avidyalaya in Gujarat. (1) The National Rail and Transportation Institut e, Vadodara, Gujarat, declared as a deemed to be University under section 3 of the University Grants Commission Act, 1956 (3 of 1956 ), shall be established as a body corporate under this Act by the name Gati Shakti Vishwavidyalaya. (2) The territorial jurisdiction of Gati Shakti Vishwavidyalaya shall extend to the whole of India, as specified in the First Schedule to this Act. (3) The Gati Shakti Vishwavidyalaya shall be sponsored and funded by the Central Go vernment in the Ministry of Railways .] 4. Effect of establishment of Universities. On and from the dated of commencement of this Act, (a) any reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any contract or other instrument shall be deemed as a reference to Guru Ghasida s Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act; (b) all properties, movable and immovable, of or belonging to Guru Ghasidas Vishwavidyalaya, Doctor Harising h Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall vest in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under this Act; (c) all rights and liabilities of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall be transferred to, and be the rights and liabilities of, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act; (d) every person employed by Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, immediately before the commencement of this Act shall hold his office or service in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act by the same te nure, at the same remuneration and upon the same terms 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 if this Act had not been enacted and shall continu e to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions a re duly altered by the Statutes: 1. Ins. by Act 15 of 2019, s. 2 (w.e.f. 5-8-2019). 2. Ins. by Act 27 of 2021, s. 3 (w.e.f. 6 -7-2022). 3. Ins. by A ct 17 of 2022, s . 3 (w.e.f. 6-12-2022 ). 6 Provided that if the alteration so made is not acceptable to such employee, his employment may be termina ted by the University in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the University, of compensation equivalent to three months' remuneration in case of permanent emp loyees and one month's remuneration in the case of other employees: Provided further that every person employed before the commencement of this Act, pending the execution of a contract under section 33, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this Act and the Statutes: Provided also that any reference, by whatever form of wo rds, to the Vice-Chancellor and Pro-Vice -Chan cellor of Guru Ghasidas Vishwa vidyalaya, Doctor Haris ingh Gour Vishwa vidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any law for the time being in force, or in any instrument or other document, shall be Construed as a reference to th e Vice -Chancellor and the Pro-Vice -Chancellor of Guru Ghasi das Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, as the case may be, established under this Act. (e) the Vice -Chancellor s of Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, a ppointed under the provisions of the Madh
wavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, a ppointed under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973) , and the Vice-Chancellor of Hemvati Nandan Bahuguna Garhwal University, appointed under the provisions of the Uttar Pradesh State Univers ities Act, 1973 (Presidents Act 10 of 1973) , shall be deemed to have been appointed as the Vice - Chancellor under this Act and sha ll hold office for a period of three months or till such time the first Vice -Chancellor is appointed under section 44 of the Act 1[whichever is earlier ] (f) all colleges, Institutions, Schools or Fac ulties, and Departments affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahu guna Garhwal University shall stand affiliated to or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act. 2[(g) any reference to the National Rail and Transportation Institute, Vadodara, in any contract or other instrument shall be deemed as a reference to Gati Shakti Vishwavidyalaya established under this Act; (h) all properties, movable and immovable, of or belonging to the National Rail and Transportation Institu te, Vadodara, shall vest in Gati Shakti Vishwavidyalaya established under this Act; (i) all rights and liabilities of the National Rail and Transportation Institute, Vadodara, shall be transferred to, and be the rights and liabilities of Gati Shakti Vishwavidyalaya established under this Act; (j) every person employed by the National Rail and Transportation Institute, Vadodara, immediately before the commencement of the Central Universities (Amendment) Act, 2022 shall hold his office or service in G ati Shakti Vishwavidyalaya established under this Act with the same tenure, at the same remuneration and upon the same terms 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 if the Central Universities (Amendment) Act, 2022 had not been enacted 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 the Statute s: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on paymen t, to him by the University, of compensation equivalent to three months remuneration in case of permanent employees and one months 1. Subs. by Act 17 of 2022, s. 4 , for Whichever is earlier; and (w.e.f. 6-12-2022 ). 2. Ins. by ibid, s. 4 ( w.e.f. 6-12-2022 ). 7 remuneration in the case of other employees; (k) any reference, by whatever form of words, to the Vice -Chancellor and Pro -Vice -Chancellor of the National Rail and Transportation Institute, Vadodara, in any law for the time being in force, or in any instrument or other document, shall be construed as reference to the Vice -Chancellor and Pro - Vice -Chancellor of Gati Shakti Vish wavidyalaya; and (l) the incumbent Vice -Chancellor of the National Rail and Transportation Institute, Vadodara, shall hold office for a period of six months from the date of coming into force of the Central Universities (Amendment) Act, 2022 or till such time the first Vice -Chancellor of Gati Shakti Vishwavidyalaya is appointed under section 44, whichever is earlier. ] 5. Objects of University. The object s of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make special provision s for integrated courses in humanities, social sciences, science and technology in its educational p rogrammes; to take appropriate measures for pro moting innovations in teaching -learning process and inter -disciplinary studies and research; to educate and train manpower for the d evelopment of the country; to establish linkages with industries for the promot ion of science and technology; and to pay special attention to the improvement of the social and economic conditions and welfare of the people, their intellectual, academic and cultural development. 1[Provided that the Tribal University established under section 3D shall take additional measures for paying special attention to the tribal centric higher education and research, including art, culture and customs.] 2[Provided further that the Gati Shakti Vishwavidyalaya established as an University under section 3F shall take additional measures for p roviding high quality teaching, research and skill development in diverse disciplines related to transportation, technology and management including establishing centres in India and abroad, as may be required in the opinion of the said University ] 6. Powers of Univ ersity. The University shall have the following powers, namely: (i) to provide for instructions in such branches of learning like natural sciences, social sciences, humanities, engineering, technology and medicine as the University may, from time to time, determine and to make provision s for research and for the advancement and dissemination of knowledge; (ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons, on the basis of examination, evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause; (iii) to organis e and to undertake extramural studie s, training and extension services; (iv) to confer honorary degrees or other distinctions in the ma nner prescribed by the Statutes ; (v) to provide facilities through the distance education system to such persons as it may determine; (vi) to institute Princ ipalships, Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons such Principalships, Professorship s, Associate Professorship s, Assistant Professorship s or other teaching or academic positions; (vii) to recogni se an institution of higher learning for such purposes as the University may determine a nd to withdraw such recognition ; (viii) to appoint persons working in any other University or academic instit ution, including those located outside the country, as teachers of the University for a specified period; 1. Ins. by Act 15 of 2019, s. 3 (w.e.f. 5 -8-2019). 2. Ins. by A ct 17 of 2022, s. 5 ( w.e.f. 6-12-2022 ). 8 (ix) to create administrative, ministerial and other posts and to make appointment s thereto; (x) to co -operate or collaborate or associate with any ot her University or authority or institution of higher learning, including those located outside the country, in such manner and for such purposes as the University may determine ; (xi) to establish such center s and speciali sed laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects; (xii) to institute and award fellowships, scholarship s, studentships, medals and prizes; (xiii) to establish and maintain colleges, Institutio ns and Halls; (xiv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organi sations, as the University may deem necessary; (xv) to organise and conduct ref resher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff; (xvi) to appoint on contract or otherwise visiting Professors, Emeritus Profess ors, Consultants and such other persons who may contribute to the adv ancement of the objects of the University; (xvii) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes ; (xviii) to determine standards of admission to the University, which may incl ude examination, evaluation or any other method of testing; (xix) to demand and receive payment of fees and other charges; (xx) to supervise the residences of the students of the University and to make arrangements for promoting t heir health and general we lfare; (xxi) to lay down conditions of service of all categories of employees, including their code of conduct; (xxii) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary; (xxiii) to make arrangements for promoting the health and general welfare of the employees; (xxiv) to receive benefactions, donations and gifts and to acquire, hold and manage, and to dispose of, with the previous approval of the Central Government, any property, movable or immovable, including trust and endowment properties, for the purposes of the University; (xxv) to borrow, with the previous approval of the Central Government, on the security of the Property of the University, money for the purposes of the University; and (xxvi) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects. (2) in exercising its powers referred to in sub -section (1), it shall be the endeavour of the University to maintain an all -India character and high standards of teaching and research, and the University shall, among other measures which may be necessary for the said purpose, take, in particular, t he following measures, namely: (i) admission of students and recruitment o f faculty shall be made on all -India basi s; (ii) admissions of students shall be made on merit, either through Common Entrance Tests conducted individually by the University or in combination wit h other Universities, or on the basis of marks obtained in the qualifying examination in such courses where t he intake of students is small; (iii) inter-University mobility of faculty, with portable pensions and protection of seniority, shall be encouraged ; 9 (iv) semester system, cont inuous evaluation and choice -based credit system shall be introduced and the University shall enter into agreements with other Universities and academic institutions for credit transfer and joint degree programm es; (v) innovativ e courses and programme s of studies shall be introduced with a provision for periodic review and restructuring; (vi) active participation of students shall be ensured in all academic activities of the University, including evaluation of teach ers; (vii) accreditation shall be obtained from the National Assessment and Accreditation Council or any other accrediting ag ency at the national level; and (viii) e-governance shall be introduced with an effective management information system. 7. University open to al l castes, creed, race or class. The University shall be open to the persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief o r profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof: Provided that not hing in this section shall be deemed to prevent the University from making special provision for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Schedu led Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens: Provide further that no such special provision shall be made on the ground of domicile. 8. Visitor of University. (1) The President of India shall be the Visitor of the University. (2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions maintained by it, and to submit a report thereon; and upon receipt of th at report, the Visitor may, after obtaining the views of the Executive Co uncil thereon through the Vice -Chancellor, take such action and issue such directions, as he considers necessary, in respect of any of the matters dealt with in the report and the Uni versity shall abide by such action and be bound to comply with such d irections. (3) The Visitor shall have the right to cause an inspection to be made by such person or persons, as he may direct, of the University, its buildings, libraries, laboratories an d equipment, and of any College or Institution maintained by the University; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, College or Institutions. (4) The Visitor shall, in every matter referred to in sub -section ( 3), give notice of his intention to cause an inspection or inquiry to be made, to the University, and the Univers ity shall have the right to make such representation s to the Visitor, as it may consider necessary. (5) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub- section (3). (6) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. (7) The Visito r may, if the inspection or inquiry is made in respect of the University or any College or Institution main tained by it, address the Vice -Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice -Chancellor shall communicate, to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon. (8) The Executive Council shal l communicate through the Vice -Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 10 (9) Where, the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Vis
(9) Where, the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such direction s, as he may think fit, and the Executive Council shall comply with such direction s. (10) Without prejudice to the foregoing provision s of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. (11) The Visitor shall have such other powers as may be prescribed by the Statutes. 9. Officers of University. The following shall be the officers of the University, namely: 1. The Chancellor; 2. The Vice -Chancellor; 3. The Pro -Vice -Chancellor; 4. The Deans of Schools; 5. The Regist rar; 6. The Finance Officer; 7. The Controller of Examination; 8. The Librarian; and 9. Such other officers as may be declared by the Statutes to be the officers of the University. 10. Chancellor. (1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes. (2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Court. 11. Vice -Chancellor. (1) The Vice -Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes. (2) The Vice -Chancellor shall be the principal executive and academic officer of the University and shall exercise general s upervision and control over the affairs of the University and give effect to the decision s of all authorities of the University. (3) The Vice -Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power confe rred on any authority of the University by or under this Act and shall report to such authority at its next meeting the act ion taken by him on such matter: Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice -Chancellor under this sub -section shall have the right to represent against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice -Chancellor. (4) The Vice -Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the power s of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the inte rest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty d ays, the matter shall 11 be referred to the Visitor whose decision thereon shall be final. (5) The Vice -Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. 12. Pro -Vice-Chancellor. The Pro -Vice -Chancellor shall be appointed in such manner and on such terms and condition of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 13. Deans of Schools. Every Dean of School shall be appointe d in such manner, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 14. Registrar .(1) The Registrar shall be appointed in such manner, and on such terms and conditions of service, as may be prescribed by the Sta tutes. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University, and shall exercise such power s and perform such duties, as may be prescribed by the Statutes. 15. Finance Officer. The Finance Officer shall be appointed in such manner, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 16. Controller of Examination. The Controller of Examination shall be appointed in such manner and shall ex ercise such power and perform such duties, as may be prescribed by the Statu tes. 17. Librarian . The Librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such power s and perform such duties, as may be p rescribed by the Statutes. 18. Other officers. The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes. 19. Authorities of University. The following shall be the authorities of the University, namely: (1) the Court; (2) the Executive Council; (3) the Academic Council; (4) the Board of Studies; (5) the Finance Committee; and (6) such other authorities as may be declared by the Statu tes to be the authorities of the University. 20. The Court .(1) The constitution of the Court and the term of office of its members shal l be prescribed by the Statutes: Provided that such number of members, as may be prescribed by the Statutes, shall be elected from among the teachers, employees and students of the U niversity. (2) Subject to the provisions of this Act, the Court shall have the followin g powers and functions, namely: (a) to review, from time to time, the broad policies and programmes of the University, and to suggest measures for the improvement an d development of the University ; (b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts; (c) to advise the Visitor in respect of any matter which may be referred to it for advi se; and (d) to perform such other functions as may be prescribed by the Statutes. 12 21. Executive Council. (1) The Executive Council shall be the principal executive bod y of the University. (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes: Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court. 22. Academic Council. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provision s of this Act, the S tatutes and the Ordinances, c o-ordinate and exercise general supe rvision over the academic policies of the University . (2) The constitution of the Academic Co uncil, the term of office of members and its powers and function s shall be prescribed by the Statutes: Provided that such number of members as may be prescribe d by the Statutes shall be from among the elected members of the Court. 23. Boards of Studies. The constitution, powers and function of the Boards of Studies shall be prescribed by the Statutes. 24. Finance Committee. The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes. 25. Other authorities o f University. The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes. 26. Powers to make Statutes. Subje ct to the provision of this Act, the Statutes may provide for all or any of the following matters, namely: (a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time; (b) the appointment and continuance in office o f the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers, academic staff and other employees of the University, their emolument s and conditions of service; (e) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of s ervice and disciplinary action; (g) the principles governing the seniority of service of t he employees of the University; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University. (j) the conferment of autonomous status on a College or an Institution or a Department; (k) the establishment and abolition of Schools, Departments, Centres, Ha lls, Colleges and Institutions; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other ac ademic distinctions; 13 (n) the management of Colleges and Institutions established by the University; (o) the delegation of powers vested i n the authorities or officers of the University; (p) the maintenance of discipline a mong the employees and students ; and (q) all other matters which by this Act are to be, or may be, provided for by the Statutes. 27. Statu tes, how to be made. (1) The firs t Statutes are those set out in the Second Schedule to this Act. (2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub -section ( 1): Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expre ssed shall be considered by the Executive Council. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for re-consideration. (4) A new Statute or a Statute amending or repea ling an existing Statute shall h ave no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub -sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub -section (1) during the period of three years immediately afte r the commencement of this Act: Provided that the Visitor may, on the expiry of the said period of three years, make , within one year from the date of such expiry, such detailed Statutes as he may consider necessary and such detailed Statutes shall be laid before both Houses of Parliament. (6) Notwithstanding anything contained in this section, the Visitor may direct th e University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communica ted by the Executive Council for its inability to comply with such direction, make or amend the Statutes s uitably. 28. Power to make Ordinances. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any o f the fo llowing matters, namely: (a) the admission of students to the Universi ty and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the University and for admission to examinations, degrees and diplomas to the University; (f) the conditions for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examination, including the term of office and manner of appointment an d the duties of examining b odies, examiners and moderators ; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of s pecial courses of studies for them; 14 (j) the establishment of Centres of Studies, Boards of Studies, Specialised Lab oratories and other Committees; (k) the manner of co -operation and collaboration with other Universities, Institution s and other agencies inc luding learned bodies or associations; (l) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (m) the institution of fellowships, scholarships, studentships, medals and prizes; (n) the setting up of machinery for redressal of griev ances of employees and students ; and (o) all o ther matters which by this Act, or, the Statutes, are to be, or may be provided for by the Ordinances. (2) The first Ordina nces shall be made by th e Vice -Chancellor with the previous approval of the Executive Council and the Ordinances so made may also be amended, repealed or added to at any time by the Executive Council in the man ner prescribed by the Statutes: Provided that in the case of Guru Ghas idas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan Bahuguna Garhwal University, till such time as the first Ordinances are not so made, in respect of the matters that are to be provided for by the Ordinances under this Act a nd the Statutes, the relevant provisions of the Statutes and the Ordinances made immediately before the commencement of this Act under the provisions of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973) , and the Utter Prade sh State Universities Act, 1973 (Presidents Act 10 of 1973) , respectively, shall be applicable in so for as they are not inconsistent with the provision s of this Act and the Statutes. 29. Regulations. The authorities of the University may m ake Regula tions, consistent with this Act, the Statutes and the Ordinances, for the conduct of their own business and that of the Committees, if any,
Act, the Statutes and the Ordinances, for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescrib ed by the Statutes. 30. Annual report. (1) The annual report of the University shall be prepared under the direction of the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or before such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Visitor along with its comments, if any. (3) A copy of the annual report, as prepared under sub -section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid b efore both Houses of Parliament. 31. Annual accounts. (1) The annual accounts and balance -sheet of the University shall be prepared under the direction of the Executive Council and shall, once at least every year and at intervals of not more them fifteen months, be audited by the Comptroller and Auditor -General of India or by such persons as he may authorise in this behalf. (2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Visitor along with the observation s of the Executive Council. (3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Counci l, be submitted to the Visitor. (4) A copy of the annual accounts together with the audit rep ort, as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid be fore both Houses of Parliament. (5) The audited annual accounts after having been laid before both Houses of Pa rliament shall be published in the Gazette of India. 15 32. Returns and information. The University shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time t o time, require, within such period as may be specified by the Central Government. 33. Conditions of service of employees, etc. (1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appoi nted by the Executive Council, one member nominated by the employee concerned and an u mpire appointed by the Visitor. (3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal : Provided that nothing in this sub -section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution. (4) Every request made by the employee under sub -section (2) shall be deemed to be a sub mission to arbitration upon the terms of this section within the meaning of the Arbitrat ion and Conciliation Act, 1996 (26 of 1996) . (5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes. 34. Procedure of appeal and arbitration in disciplinary cases against students. (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice -Chancellor, Discipline Committee or Examination Committ ee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice -Chancellor or the Committee, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such s tudent, be referred to a Tribunal of Arbitration and the provisions of sub -sections (2), (3), (4) and ( 5) of section 33 shall, as far as may be, apply to a reference made under this sub -section. 35. Right to appeal. Every employee or student of the Univers ity or of a College or Institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any office r or authority of the University, or, the Principal or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against. 36. Provident and pension funds. (1) The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where such provi dent fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) , shall apply to such fund, as if it were a Government provident fund. 37. Disputes as to constitution of authorities and bodies. If any question arises as to whether any person has been dul y elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision ther eon shall be final. 38. Filling of casual vacancies. All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or c o-opts the member whose place has become vacant and the person appointed, elected or co -opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. 16 39. Proceedings of authorities or bodies not invalidated by vacancies. No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members. 40. Protection of ac tion taken in good faith. No suit or other legal proceedings shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes o r the Ordinances. 41. Mode of proof of University record. Notwithstanding anything contained in the Indian Evidence Act,1872 (1 of 1872) or in any other law for the time being in force, a copy of any receipt, application, notice, order, proce eding or resol ution of any authority or other body of the University, or any other document in possession of the University, or any entry in any regis ter dul y maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence. 42. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such pr ovisions, not inconsistent with the provision s of this Act, as appear to it to be necessary or expedi ent for removing the difficulty : Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under sub -section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the ses sion immediately following the session or the successive session s aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified f orm or be of no effect, as the case may be; so , however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. 43. Statu tes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. (1) Every Statute, Ordinances or Regulation made under this Act shall be published in the Official Gazette. (2) Every Statute, Ordinances or Regulation made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinances or Regulation or both Houses agree that the Statute, Ordinances or Regulation should not be made, the Statute, Ordinances or Regulation shall thereaf ter have effect only in such modified f orm or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinances or Regulation. (3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulation or any of them but no retrospective ef fect shall be given to any Statutes, Ordinances or Regulations so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable . 17 44. Transitional provisions. Notwithstanding anything contained on this Act and the Statutes, (a) the first Chancellor and the first Vice -Chancellor shall be appointed by the Visitor in such manner and on such conditions as may be deemed fit and each of the said officers shall hold office for such term, not exceeding fiv e years, as m ay be specified by the Visitor; (b) the first Registrar and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years; (c) the first Court and the first Executive Coun cil shall consist of not more than thirty -one members and eleven members, respectively, who shall be nominated by the Central Government and shall hold office for a term of three years; and (d) the first Academic Council shall consist of not more than twen ty-one members, who shall be nominated by the Central Government and shall hold of fice for a term of three years: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment by the Visitor or nomination by the Central Government, as the case may be, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. 45. Amendme nt of Madhya Pradesh Act 22 of 1973. (1) In the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, in the Second Schedule, the entries relating to Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour Vishwavidyalaya shall be omitted. (2) Notwithstanding su ch omission , (a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22 of 1973) , shall be deemed to have been respectively made , issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by this Act or the Statutes, continue in force unless and until t hey are superseded by any order made under this Act or the Statutes; and (b) all proceedings of Selection Committees for the appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Executive Council i n respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deem ed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concer ned authorities take, with the approval of the Visitor, a decision to the contrary. 46. Amendment of Presidents Act 10 of 1973 . (1) In the Uttar Pradesh State Universities Act, 1973, (a) in sub -section (1) of section 4, the words, figures and brackets a nd a University of Garhwal which shall from April 25, 1989 be called the Hemvati Nandan Bahuguna Garhwal University at Srinagar (Dist rict Garhwal) shall be omitted; (b) in clause ( d) of sub -section ( 1) of section 20, the words the Hemvati Nandan Bahugun a Garhwal University shall be omitted; (c) in sub -section (2) of section 52, for the words the Universities of Kumaun and Garhwal the words the University of Kumaun shall be substituted ; (d) section 72B shall be omitted; (e) in the Schedule, Seri al No . 8 and the entries relating thereto shall be omitted. (2) Notwithstanding the omission and substitution referred to in sub -section ( 1), (a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Uttar Pradesh State Universities Act, 1973 (Presid ents Act 10 of 1973) , shall be deemed to have been respectively 18 made, issued, conferred, awarded, granted or done under the corresponding provis ions of this Act and, except as otherwise provided by this Act or the Statutes, continue in force unless and until they are superseded by and order made under this Act or the Statutes; and (b) all proceedings of Selection Committees for the appointment or promotion of teachers that took place
the Statutes; and (b) all proceedings of Selection Committees for the appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Executive Council in respect of the recommendations of such Selection Committees where no orders of appointment on the basis thereof were passed before the com mencement of this Act shall, notwithstanding that the procedure for selectio n has been modified by this Act , be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the Visitor, a decision to the contrary. 47. Repeal and savings. (1) The Central Universities Ord inance, 2009 (Ord. 3 of 2009) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act, and (a) all appointmen ts made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the Central Universities Ordinance, 2009 (Ord. 3 of 2009) , shall be deemed to have been respectivel y made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by, or under this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act o r the Statutes; and (b) all proceedings of Selection Committees for the appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Executive Council in respect of the rec ommendations of such Selecti on Committees where no orders of appointment on the basis thereof were passed before the commencement of this Act shall, notwithstanding that the procedure for selection has been modified by this Act, be deemed to have been valid but further proceeding in connection with such pending selection s shall be taken in accordance with the provisions of this Act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the V isitor, decision to the contrary. 19 1[THE FIRST SCHEDULE [See section 3( 4)] Serial No. Name of the State Name of the University Territorial jurisdiction 1. Andhra Pradesh Central University of Andhra Pradesh Whole of the State of Andhra Pradesh . 2. Andhra Pradesh Central Tribal University of Andhra Pradesh Whole of the State of Andhra Pradesh . 3. Bihar Central University of South Bihar Territory in the south of the River Ganges in the State of Bihar . 4. Bihar Mahatma Gandhi Central Universit y Territory in the north of the River Ganges in the State of Bihar. 5. Gujarat Central University of Gujarat Whole of the State of Gujarat . 2[5A. Gujarat Gati Shakti Vishwavidyalaya Whole of India. ] 6. Haryana Central University of Haryana Whole of the State of Haryana . 7. Himachal Pradesh Central Univer sity of Himachal Pradesh . Whole of the State of Himachal Pradesh . 8. Jammu and Kashmir Central University of Kashmir Kashmir Division of the State of Jammu and. 9. Jammu and Kashmir Central University of Jammu Jammu Division of the State of Jammu and Kashmir . 10. Jharkhand Central University of Jharkhand Whole of the State of Jharkhand 11. Karnataka Central University of Karnataka Whole of the State of Karnataka. 12. Kerala Central University of Kerala Whole of the State of Kerala . 13. Odisha Central University of Odisha Whole of the State of Odisha . 14. Punjab Central University of Punjab Whole of the State of Punjab . 15. Rajasthan Central University of Rajasthan Whole of the State of Rajasthan . 16. Tamil Nadu Central University of Tamil Nadu Whole of the State of Tamil Nadu .] 1. Subs. by Act 15 of 2019, s. 4, the First Schedule (w.e.f. 5-8-2019). 2. Ins. by Act 17 of 2022, s. 6 ( w.e.f. 6-12-2022 ). 20 THE SECOND SCHEDULE (See section 27) The Statutes of the University 1. Chancellor .(1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Execu tive Council from amongst persons of eminence in the academic or public life of the country: Provided that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the Executive Council. (2) The Chanc ellor shall hold office for a term of five years and shall not be eligible for re-appointment: Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his su ccessor enters upon h is office. 2. Vice -Chancellor. (1) The Vice -Chancellor shall be appointed by the Visitor from out of a panel recommended by a Committee as constituted under clause ( 2): Provided that if the Visitor does not approve any of the persons included in the panel, he may ca ll for an extended fresh panel. (2) The Committee referred to in clause ( 1) shall consist of five persons, out of whom three shall be nominated by the Executive Council and two by the Visitor, and one of the nominees of the Visitor shall be the c onvener of the Committee: Provided that none of the members of the Committee shall be an employee of the University or a College or an Institution maintained by the University or a member of a ny authority of the University. (3) The Vice -Chancellor shall be a whole -time salaried officer of the University. (4) The Vice -Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall not be eligible for re -appointment: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor in appoin ted and enters upon his office: Provided further that the Visitor may direct any Vice -Chancellor after his term h as expired, to continue in office for such period, not exceeding a total period of one ye ar, as may be specified by him. (5) Notwithstanding anything contained in clause (4), the Visitor may, at any time after the Vice -Chancellor has entered upon his office, by ord er in writing, remove the Vice -Chancellor from office on grounds of incapacity, misconduct or vio lation of statutory provisions: Provided that no such order shall be made by the Visitor unless the Vice -Chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him: Provided further that the Visitor shall consult the Chancellor also before making such order: Provided also that the Visitor may, at any time before makin g such order, place the Vice -Chancellor under suspension, pending enquiry. (6) The emoluments and other conditions of service of the Vice -Chancellor shall be as follows: (i) The Vice -Chancellor shall be paid a monthly salary and allowances, other than hou se rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice -Chancellor in respect of th e maintenance of such residence. (ii) The Vice -Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Centra l Government from time to time: Provided that where an employee of the University, or a College or an Institut ion maintained by the University, or of any other University or any College or Institution maintained by or admitted to 21 the privileges of, such other University , is appointed as the Vice -Chancellor, he may be allowed to continue to contribute to any provid ent fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appo intment as the Vice -Chancellor: Provided further that where such employee had been a member of any pension scheme, the University shall make the necessa ry contribution to such scheme. (iii) The Vice -Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Counc il. (iv) The Vice -Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half -yearly instalments of fifteen days each on the first day of January and July every year: Provided that if the Vice -Chancellor assumes or relinquishes charge of the office of the Vice -Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and -a-half days for each co mpleted month of service. (v) In addition to the leave referred to in sub -clause ( iv), the Vice -Chancellor shall also be entitled to half -pay leave at the rate of twenty days for each completed year of service, and half -pay leave may also be availed of as commuted leave on f ull pay on medical certificate: Provided that when such commuted leave is availed of, twice the amount of half -pay leave shall be debi ted against half -pay leave due. (7) If the office of the Vice -Chancellor becomes vacant due to death, r esignation or otherwise, or if he is unable to perform his duties due to ill -health or any other cause, the Pr o-Vice -Chancellor shall perform the duties of the Vice -Chancellor: Provided that if the Pro -Vice -Chancellor is not available, the senior -most Prof essor shall perform the duties of the Vice -Chancellor until a new Vice -Chancellor assum es office or the existing Vice -Chancellor resumes the duties of his office, as the case may be. 3. Powers and duties of Vice -Chancellor. (1) The Vice -Chancellor shall be ex officio Chairman of the Executive Council, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor, preside at the Convocations held for conferring degrees and at meetings of the Court. (2) The Vice -Chancellor shall b e entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a me mber of such authority or body. (3) It shall be the duty of the Vice -Chancellor to see that t his Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all the powers necessary to ensure such observance. (4) The Vice -Chancellor shall have all the powers necessary for the proper maintenance of discipline in the Un iversity and he may delegate any such powers to such person or persons as he deems fit. (5) The Vice -Chancellor shall have the power to convene or cause to be convened the meetings of the Executive Council, the Academic Council and the Finance Committee. 4. Pro-Vice-Chancellor. (1) The Pro -Vice -Chancellor shall be appointed by the Executive Council on the recomme ndation of the Vice -Chancellor: Provided that where the recommendation of the Vice -Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice -Chancellor or ask the Vice -Chancellor to recommend another person to the Executive Council: Provided further that the Executive Council may, on the recommendation of the Vice -Chancellor, appoint a Professor to discha rge the duties of the Pro -Vice -Chancellor in addition to his own duties as a Professor. (2) The term of office of the Pro -Vice -Chancellor shall be such as may be decided by the Executive Council but it sha ll not in any case exceed five years or until the expiration of the term of office of the Vice -Chanc ellor, whichever is earlier: Provided that the Pro -Vice -Chancellor whose term of office has expired shall be eligible for 22 re-appointment: Provid ed further t hat, in any case, the Pro -Vice -Chancellor shall retire on atta ining the age of seventy years: Provided also that the Pro -Vice -Chancellor shall, while discharging the duties of the Vice -Chancellor under clause (7) of Statute 2, continue in offic e, notwithstanding the expiration of his term of office as Pro-Vice -Chancellor, until the Vice -Chancellor resumes office or a new Vice -Chancellor assu mes office, as the case may be. (3) The emoluments and other terms and conditi ons of service of the Pro -Vice-Chancellor shall be such as may be pre scribed by the Ordinances. (4) The Pro -Vice -Chancellor shall assist the Vice -Chancellor in respect of such matters as may be specified by the Vice -Chancellor in this behalf, from time to time, and shall also exercis e such powers and perform such duties as may be assigned or delegated to him by the Vice -Chancellor. 5. Deans of Schools. (1) Every Dean of School shall be appointed by the Vice -Chancellor from amongst the Professors in the School by rotation in order of seniori ty for a period of three years: Provided that in case there is only one Professor or no Professor in a School, the Dean shall be appointed, for the time being, from amongst the Professor, if any , and the Associate Professors in the School by rotatio n in the order of seniority: Provided further that a Dean on attaining the age of sixty -five years shal l cease to hold office as such. (2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable t o perform duties of his office, the duties of the office
the Dean is, by reason of illness, absence or any other cause, unable t o perform duties of his office, the duties of the office sh all be performed by the senior -most Professor or Associate Professor, as the case may be, in the School. (3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School and shall have such other functions as may b e prescribed by the Ordinances. (4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof. 6. Registrar. (1) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the p urpose and shall be whole -time salaried officer of the University. (2) He shall be appointed for a term of five year s and shall be eligible for re -appointment. (3) The emoluments and other terms and conditions of service of the Registrar shall be such as m ay be prescribed by the Execu tive Council from time to time: Provided that the Registrar shall retire on attaining the age of sixty -two-years. (4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any oth er cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice -Chancellor may appoint for the purpose. (5) (a) The Registrar shall have power to take disciplinary action against such of the empl oyees, excluding teachers and other academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment: Provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action propose d to be taken in regard to him. (b) An appeal shall lie to the Vice -Chancellor against any order of the Regis trar imposing any of the penalties specified in sub -clause (a). (c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called 23 for, the Registrar shall, upon the conclusion of the inquiry, make a report to the Vice -Chancellor along with his recommendation s: Provided that an appeal shall lie to the Executive Counci l against an order of the Vice -Chancellor imposing any penalty. (6) The Registrar shall be ex officio Secretary of the Executive Council and the Academic Council , but shall not be deemed to be member of either of these authorities and he shall be ex officio Member -Secretary of the Court. (7) It shall b e the duty of the Registrar (a) to be the custodian of the records, the common seal and such other pr operty of the University as the Executive Council shall commit to his charge; (b) to issue all notices convening meetings of the Court, the Executives Council, the Academic Council and of any Committees appointed by those authorities; (c) to keep the minut es of all the meetings of the Court, the Executive Council, the Academic Council and of any Committees appointed by those authorities; (d) to conduct the official correspondence of the Court, the Executive Co uncil and the Academic Council; (e) to supply to Visitor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings; (f) to represent the University in suits or proceedings by or against the University, sign powers of attorney a nd verify pleadings or depute his representative for the purpose; and (g) to perform such other duties as may be specified in the Statutes, the Ordinances or the Regulations or as may be required from time to time by the Executive Council or Vice -Chancello r. 7. Finance Officer. (1) The Finance Officer shall be appointed by the Executive Council on the recommendations of Selection Committee con stituted for the purpose and he shall be a whole -time salaried officer of the University. (2) The Finance Officer sh all be appointed for a term of five years and shall be eligible for re-appointment. (3) The emoluments and other terms and condit ions of service of the Finance Officer shall be such as may be prescr ibed by the Executive Council f rom time to time: Provided that the Finance Officer shall retire on attaining the age of six ty-two years. (4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice -Chancell or may appoint for the purpose. (5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Co mmittee. (6) The Finance Officer shall (a) exercise general supervision over the funds of the University and shall advise it as re gards its financial policy; and (b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances. (7) Subject to the control of the Executive Counci l, the Finance Officer shall (a) hold and manage the property and investments of the University includ ing trust and endowed property; (b) ensure that the limits fixed by the Executive Council for recurring and non-recurring 24 expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their present ation to the Executive Council ; (d) keep a constant watch on the state of the cash and bank balances a nd on the state of investments; (e) watch the progress of the collection of revenues and ad vise on the methods of collection employed; (f) ensure that the registers of buildings, land , furniture and equipment are maintained up -to-date and that stock -checking is conducted, of equipment and other consumable materials in all offices, Departments, C entre s and Specialised Laboratories; (g) bring to the notice of the Vice -Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary actio n against persons at fault; and (h) call for from any office, Department, Centre, Laboratory, College or Institution maintained by the University any information or returns that he may consider necessary for the performance of his duties. (8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behal f by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money. 8. Controller of Examinations. (1) The Controller of Examinations shall be appointed by the Execu tive Council on the recommenda tions of a Selection Committee constituted for the purpose and he shall be a whole -time salaried officer of the University. (2) The Controller of Examinations shall be appointed for a term of five years and shall b e eligible for re-appointment. (3) The emolumen ts and other terms and conditions of service of the Controller of Examinations shall be such as may be prescribed by the Executive Council from time to time; Provided that the Controller of Examinations shall retir e on attaining the age of sixty -two years. (4) When the office of the Controller of Examinations is vacant or when the Controller of Examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such pe rson as the Vice -Chancell or may appoint for the purpose. (5) The Controller of Examinations shall arrange for and superintend the examinations of the University in the manner prescribed by the Ordinances. 9. Librarian. (1) The Librarian shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole -time salaried officer of the University. (2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council. 10. Meeting s of Court .(1) An annual meeting of the Court shall be held on a date to be fixed by the Executive Council unless some other date has been fixed by the Court in respect of any year. (2) At an annual meeting of t he Court, a report on the working of the University during the previous year, together with a statement of the receip ts and expenditure, the balance -sheet as audited, and financial estimates for the next year shall be presented. 25 (3) A copy of the statemen t of receipt s and expenditure, the balance -sheet and the financial estimates referred to in clause ( 2) shall be sent to every member of the Court at least seven days before the date of the annual meeting. (4) Special meetings of the Court may be convened b y the Executive Council or the Vice -Chancellor or if there is no Vice -Chancellor, the Pro -Vice -Chancel lor or if there is no Pro-Vice -Chancellor, by the Registrar. (5) Eleven members of the Court shall form a quorum for a meeting of the Court. 11. Quorum fo r meeting o f Executive Council. Seven member of the Executive Council shall form a quorum for a meeting of the Executive Council. 12. Powers and functions of Executive Council. (1) The Executive Council shall have the power of management and administration of the revenues and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Executives Council shall, in additio n to all other powers vested in it, hav e the following powers, namely: (i) to create teaching and other academic posts including Chairs, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Associate Professors, Assistant Profe ssors and other academic staff: Provided that no action shall be taken by the Executive Council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommend ations of the Academic Council; (ii) to appoint such Professors, Associate Professors, Assistant Professors and other academic staff including Chairs, as may be necessary, on the recommendation of the Selection Committee constituted for the purpo se and to fill up temporary vacancies therein; (iii) to promote inter -facial research by making joint appointments of teaching staff in different Schools, Department s and Centres; (iv) to create administrative, ministerial and other necessary posts and to define their duties and conditions of their service and to make appointments thereto in the manne r prescribed by the Ordinances; (v) to grant leave of absence to any officer of the University other th an the Chancellor and the Vice -Chancellor, and to make n ecessary arrangements for the discharge of the functions of s uch officer during his absence; (vi) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances; (vii) to manage and regulate the finances, accounts, in vestments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents as it may thin k fit; (viii) to fix limits on the total recurring and the total non -recurring expenditure for a year on the recommend ation of the Finance Committee; (ix) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, share or securities, from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time; (x) to transfer or accept transfers of any movable or immovable property on behalf of the University; (xi) to provide buildings, premises, furniture and apparatus and other means needed fo r carrying on the work of the University; (xii) to enter into vary, carry out and cancel contra cts on behalf of the University ; 26 (xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the Unive rsity who may, for any reason, feel aggrieved; (xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after c onsulting the Academic Council; (xv) to select a commo n seal for the University and pr ovide for the use of such seal; (xvi) to make such special arrangements as may be necessary for the residence of women students; (xvii) to institute fellowships, scholarships, studentships, medals and prizes; (xviii) to prov ide for the appointment of Visiting Professors, Emeritus Professors, Consultants and Scholars and determine the terms and conditions of such a ppointments; (xix) to enter into partnership with industry and non -government agencies for the advancement of know ledge and establish a corpus of funds out of the profits of such partnership ; and (xx) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes. 13. Quorum of meeting of Academic Council. Nine members of the Academic Council shall f orm a quorum for a meeting of the Academic Council. 14. Powers and functions of Academic Council. Subject to the provisions of this Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, hav e the following powers, namely: (a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co -ordination of teaching among the Colleges and t he Institutions, evaluation of research and imp rovement of academic standards; (b) to bring abo ut and promote inter -School co -ordination and to establish or appoint such committees or boards as may de emed necessary for the purpose; (c) to consider matters of general academic interest either on its own initiative, or on a reference by a School or the Executive Council, and to take appropriate action thereon; and (d) to frame such Regulations and rules consistent with the Statutes and the Ordinances regardin g the academic functioning of the University, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance. 15. Schools of Studies and Departments. (1) The University shall have such Schools of Studies as may be specified in the Statutes. (2) Every School shall have a School Board and the members of the first School Board shall be nominated by the Executive Counc il for a period of three years.
School Board and the members of the first School Board shall be nominated by the Executive Counc il for a period of three years. (3) The composition, powers and functions of a School Board shall b e prescribed by the Ordinances. (4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances. (5) (a) Every School shall consist of such Departments as may be assigned to it by the Ordinances : Provided that the Executive Council may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Executive Council may consider necessary. (b) Each Depa rtment shall consist of the following members, namely: (i) teachers of the Department; (ii) persons conducting re search in the Department; 27 (iii) Dean of the School; (iv) Honorary Professors, if any, attached to the Department; and (v) such other persons as may be members of the Department in accordance with t he provisions of the Ordinances . 16. Board of Studies. (1) Each Dep artment shall have a Board of Studies. (2) The constitution of the Board of Studies and the term of office of its members shall b e prescribed by the Ordinances. (3) Subject to the overall control and supervision of the Academic Council, the functions of a Board of Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to reco mmend to the concerned School Board in the mann er prescribed by the Ordinances (a) courses of studies and appointment of examiners for courses, but excluding research degrees; (b) appointment o f supervisors for research; and (c) measures for the improveme nt of the st andard of teaching and research: Provided that the above functions of a Board of Studies shall, during the period of three years immediately after the commencement of this Act, be performed by the Department. 17. Finance Committee. (1) The Fina nce Committee shall consist of the following members, namely: (i) the Vice -Chancellor ; (ii) the Pro -Vice -Chancellor; (iii) one person to be no minated by the Court; (iv) three persons to be nominated by the Executive Council, out of whom at least one shall be a membe r of the Executive Council; and (v) three persons to be nominated by the Visitor . (2) Five members of the Finance Committee shall form a quorum for a me eting of the Finance Committee. (3) All the members of the Finance Committee, other than ex officio members, shall hold of fice for a term of three years. (4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any dec ision of the Finance Committee. (5) The Finance Committee shall meet at l east thrice every year to examine the accounts and to scrut inise proposals for expenditure. (6) All proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the Finance Committee before they are consi dered by the Executive Council. (7) The annual account s and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executi ve Council for approval. (8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). 18. Se lection Committees. (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the post of Professor, Associate Professor, Assistant Professor, Registrar, Financ e Officer, Controller of Examinatio ns, Librarian and Principals of College s and Institutions maintained by the University. 28 (2) The Selection Committee for appointment to the posts specified in Column 1 of the Table below shall consist of the Vice -Chancello r, a nominee of the Visitor and the persons specified in the corresponding entry in Column 2 of the said Table: TABLE 1 2 Professor (i) The Dean of the School. (ii) The Head of the Department, if he is a Professor. (iii) Three persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned. Associate Professor/Assistant Profe ssor (i) The Head of the Department. (ii) One Professor nominated by the Vice -Chancellor. (iii) Two persons not in the service of the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their sp ecial knowledge of, or interest in, the subject with which the Associate Professor or Assistant Professor will be concerned. Registrar/Finance Officer/Controller of Examinations (i) Two members of the Executive Council nominated by it. (ii) One person not in the service of the University nominated by the Executive Council. Librarian (i) Two person s not in the service of the University who have special knowledge of the subject of the Library Science or Library Administration nominated by the Executive Coun cil. (ii) One person not in the service of the University nominated by the Executive Council. Principal of College or Institution maintained by the University Three persons not in the service of t he University of whom two shall be nominated by the Executi ve Counc il and one by the Academic Council for their special knowledge of, or interest in, a subject in which instruction is being provided by the College or Institution. Note 1. Where the appointment is being made for an inter -disciplinary project, the head of the project shall be deemed to be the Head of the Department concerned. Note 2. The Professor to be nominated by the Vice -Chancellor shall be a Professor concerned with the speciality for which the selection is being made and the Vice -Chancellor s hall consult the Head of the Department and the Dean of School before nominating the Professor. (3) The Vice -Chancellor, or in his absence the Pro -Vice -Chancellor, shall convene and preside at the meeting of the Selection Committee: Provided that the meeti ng of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitors nominee and the experts nom inated by the Executive Council : Provided further that the proceedings of the Selection Commi ttee shall not b e valid unless, (a) where the number of Visitors nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and (b) where the number of Visitors nominee and the persons nominated by the Executiv e Council is three in all, at least two of them attend the meeting. 29 (4) The procedure to be followed by the Selection Committee shall be laid down in the Ordinances. (5) If the Executive Council is unable to accept the recommendations made by the Selectio n Committee, it shall record its reasons and submit the case to the Visitor for final orders. (6) Appointments to temporary posts shall be made in the manner indicated below : (i) If the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the Selecti on Committee in accordance with the procedure indi cated in the foregoing clauses: Provided that if the Vice -Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appoin tment may be made on a purely temporary basis on the advice of a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months. (ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice -Chancellor: Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice -Chancellor: Provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, th e Dean may, in consultation wit h the Head of t he Department concerned, make a temporary appointment for a month and report to the Vice -Chancellor and the Registrar about such appointment. (iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for ap pointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be. 19. Special mo de of appointment. (1) Notwithstanding anything contained in Statute 18, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor or Associate Professor or any other equivalent academ ic post in the University on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post: Provided that the Executive Council may also create supernumerary post for a specified period for appointment of such person s: Provided further that the number of supernumerary post so created should not exceed five per cent . of the total posts in the University. (2) The Executive Council may appoint a teacher or any other academic staff working in any other University or organ istion for undertaking a joint project in accordance with the manner laid down in the Ordinances. 20. Appointment for fixed tenure. The Executive Council may appoint a person selected in accordance with the procedure laid down in Statute 18 for a fixed ten ure on such terms and conditions as it deems fit . 21. Committees. (1) An authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority. (2) A Committee appointed under clause ( 1) may deal with any subject delegated to it subject to subsequent confirmation by the authority ap pointing it. 22. Terms and conditions of service and code of conduct of teachers, etc. (1) All the teachers and other a cademic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. 30 (2) The emoluments of mem bers of the academic staff shall be such as may b e prescribed by the Ordinances. (3) Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall b e prescribed by the Ordinances. (4) A c opy of every contract referred to in clause ( 3) shall be deposited with the Registrar. 23. Terms and conditions of service and code of conduct of other employees .(1) All the employees of the University, other than the teachers and other academic staff sha ll, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2) The manner of appointment and emoluments of employees, othe r than the teachers and other academic staff, shall be such as may b e prescribed by the Ordinances. 24. Seniority list. (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotat ion according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may , from time to time, prescribe. (2) It shall b e the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of these Sta tutes apply, a complete and up -to-date seniority list in accordance w ith the provisions of clause (1). (3) If two or more persons hav e equal length of continuous service in a particular grade or the relative seniority of any person or persons in otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Counc il whose decision thereon shall be final. 25. Removal of employee s of University. (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the University, the Vice -Chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint (hereinaf ter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member of the academic staff or other employ ee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, rev oke such order. (2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and condition s of service of the employees, the Executive Council i n respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case ma y be, on grounds of misconduct. (3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months notice or on payment o f three months salary in lieu thereof. (4) No teacher, member of the academic staff or other employee shall be removed under clause ( 2) or clause ( 3) unless he has been given a reasonable opportunity of showing cause against the action propose d to be take n in regard to him. (5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on whic h the order of removal is made: Provided that where the teacher, member of the academic staff or other employee is under suspension at the time o f his removal, such removal shall take effect from the date on which he was placed under suspension. 31 (6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic sta ff or o ther employee may resign (a) if he is permanent employee , only after giving three months notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months salary in lieu thereof; (b) if he is not a per manent employ ee, only after given one months notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one months salary in
notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one months salary in lieu thereof: Provide t hat such resignation shall take effect only on the date on w hich the resignation is accepted by the Executive Council or the appointing authority, as the case may be. 26. Honorary degrees. (1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not le ss than two -thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees: Provided that in case of emergency, the Executive Council may, on its o wn motion, make such proposals. (2) The Executive Council may , by a resolution passed by a majority of not less than two -thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University. 27. Withdrawal of degrees, etc. The Executive Counci l may, by a resolution passed by a majority of not less than two -thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficien t cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice as to why such a resolution should not be passed and until h is objections, if any, and any evidence he may produce in support of them, have been considered by the Executive Council. 28. Maintenance of discipline amongst student s of University. (1) All powers relating to the maintenance of discipline and disciplinar y action in relation to the students of the University shall vest in the Vice -Chancellor. (2) There shall be a Proctor of the University to assist the Vice -Chancellor in the exercise of the powers referred to in clause ( 1), who shall be appointed by the Ex ecutive Council from amongst the Professors and Associate Professors in the manner prescribed by the Ordinances. (3) The Vice -Chancellor may delegate all or any of the powers referred to in clause ( 1), as he deems proper, to the Proctor and to such other o fficers as he may specify in this behalf. (4) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice -Chancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not ad mitted to a course or courses of study in a College, Institution or Department or a School of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Department or a School for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be withheld or cancelled. (5) The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Schools and teaching Departments in the University, as may be necessary for the proper conduct of such Colleges, Institution s, Schools and teaching Departments. 32 (6) Without prejudice to the powers of the Vice -Chancellor and the Principals and other persons specified in clause ( 5), detailed rules of discipline and proper conduct shall be made by the University and the Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University may also make such supplementary rules as they deem necessary f or the purposes stated therein. (7) At the time of admission, every student shall be req uired to sign a declaration to the effect that he submits himself to the discipl inary jurisdiction of the Vice -Chancellor and other authorities of the University. 29. Convocations. Convocations of the University for the conferring of degrees or for other p urposes shall be held in such manner as may b e prescribed by the Ordinances. 30. Acting Chairman of meetings. Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any Committee of such autho rity or when the President or Chairman so provided for is absent, the members present shall elect one from among themsel ves to preside at such meeting. 31. Resignation .Any member, other than an ex officio member of the Court, the Executive Council, the Ac ademic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by t he Registrar. 32. Disqualifica tion.(1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities, or for being appointed as, and for being, an officer, of the University if (i) he is of unsound mind; or (ii) he is an undischa rged insolvent; or (iii) he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonmen t for not less than six months. (2) If any question arises as to whether a person is or had been subjected to any of the disquali fications mentioned in clause ( 1), the question shall be referred to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civ il court against such decision. 33. Residence condition for membership and office. Notwiths tanding anything contained in the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the University or a member of a ny authority of the University. 34. Membership of authorities by virtue of membership of o ther bodies. Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a par ticular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. 35. Alumni Association. (1) There shall be an Al umni Association for the University. (2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances. (3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of election and is a degree holder of the University o f at least five years standing: Provided that the condition relating to the completion of one years membership shall not apply in the case of th e first election. 36. Students Council. (1) There shall be constituted in the University, a Students Council for every academ ic year, consisting of (i) the Dean of Students Welfare who shall be the Cha irman of the Students Council; 33 (ii) twenty students to be nominated by the Academic Council on the basis of merit in studies, sports and e xtra-curricular activities; and (iii) twenty students to be elected by the stu dents as their representatives: Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students Council, if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration. (2) The functi ons of the Students Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students welfare and other matters of importance, in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion. (3) The Students Council shall meet at least twice in every academic year and the first meeting of the Council be held in the beg inning of the academic session. 37. Ordinances how to be made .(1) The first Ordinances made under sub -section ( 2) of section 28 may be amended, repealed or added to at any time by the Executive Council in the manner specifie d in the following sub -clauses. (2) No Ordinances in respect of the matters enumerated i n sub -section ( 1) of section 28 of this Act shall be made by the Executive Council unless a draft of such Ordinances has been proposed by the Academic Council. (3) The Executive Council shall not have power to amend any draft of any Ordinances proposed by the Academic Council under clause ( 2), but may reject the proposal or return the draft to the Academic Council for re -consideration, either in whole or in part, together with any amendment which the Executive Council may suggest. (4) Where the Executive Co uncil has rejected or returned the draft of an Ordinances proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two -thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final. (5) Every Ordinance s made by the Ex ecutive Council shal l come into effect immediately. (6) Every Ordinances made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption. (7) The Visitor shall have the power to direct the University to suspen d the operation of any Ordinances. (8) The Visitor shall inform the Executive Council about his objection to the Ordinances referred to in clause ( 7) and may, after receiving the comments of the University, either withdraw the order suspending the Ordinanc es or disallow the Ordinances, a nd his decision shall be final. 38. Regulations. (1) The authorities of the University may make Regulation s consistent with this Act. the Statu tes and the Ordinances for the following matters, namely: (i) laying down the pr ocedure to be observed at their meeting s and the number of mem bers required to form a quorum; (ii) providing for all matters which are required by this Act, the Statutes or the Ordinances to be prescribed by Regulations; and (iii) providing for all other m atters solely concerning such authorities or committees appointed by them and not provided for by this Act, the Statu tes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to t he members of su ch authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of me etings. 34 (3) The Executive Council may direct the amendment in such manner as it may specify of any Regulation mad e under the Statutes or the an nulment of any such Regulation. 39. Delegation of Powers. Subject to the provisions of this Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or p erson under his or its respective control and subject to the condition that overall responsibility for the exercise of the power so delegated shall continue to vest in the officer or authority delegating such pow ers.
THE HINDU ADOP TIONS AND MAINTENANCE ACT, 1956 ACT NO. 78 OF 19561 [21st December , 1956.] An Act to amend and codify the law relating to adoptions and maintenance among Hindus. BE it enacted by Parliament in the Seventh Year of the Republic of India as foll ows: CHAPTER I PRELIMINARY 1. Short title and extent .(1)This Act may be called the Hindu Adopt ions and Maintenance Act, 1956. (2) It extends to the whole of India 2**. 2. Applic ation of Act .(1) This Act applies (a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva , a Lingayat or a follower of the B rahmo, Prarthana or AryaSamaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein i f this Act had not been passed. Explanation .The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be: (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhist s, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; 3 * * 4[(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother or whose parentage is not known and who in either case is brought up as a Hindu, Buddhist, Jaina o r Sikh; and] (c) any person who is a convert or re -convert to th e Hindu, Bu ddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub -section ( 1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unles s the Central Government, by notification in the Offic ial Gazette, otherwise directs. 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule. This Act has been amended in U.P. Act 57 of 1976. This Act shall, from a date to be notified by the administrator, come into force in Pondicherry, subject to the following modification: In section 2, after sub -section ( 2), insert: (2A) Notwithstanding anything contained in sub -section ( 1) nothing contained in this Act shall apply to the renoncants of the Union territory of Pondicherry. 2. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 3. The word and omitted by Act 45 of 1962 , s. 2 (w.e.f. 19-11-1962). 4. Ins. by s. 2, ibid. (w.e.f. 19 -11-1962). 3 (3) The expression Hindu in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to who m this Act applies by virtue of the provis ions contained in this section. 3. Definitions .In this Act, unless the context otherwise requires , (a) the expressions custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonab le or opposed to public policy: and Provided further that, in the case of a rule applicable only to a family, it has not b een discontinued by the family; (b) maintenance includes (i) in all cases, provision for food, clothing, residence, education and m edical attendance and treatment; (ii) in the case of an unmarried daughter, also the reasonable expenses o f and incident to her marriage; (c) minor means a person who has not completed hi s or her age of eighteen years. 4.Over riding effect of Act .Save as otherwise e xpressly provided in this Act, (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act; (b) any other law in force immediately before th e commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the pr ovisions contained in this Act. CHAPTER II ADOPTION 5.Adoptions t o be regulated by this Chapter .(1)No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void. (2) An adoption which is void shall neither create any rights in the adoptive fam ily in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth. 6. Requisites of a valid adoption .No a doption shall be valid unless (i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adop tion has the capacity to do so; (iii) the person adopted is capable of being taken in adoption; and (iv) the adoption is made in compliance with the other conditions mentioned in this Chapter. 7.Capacity of a male Hindu to take in adoption .Any male Hindu who is of sound mind and is not a minor has the capacity to take s on or a daughter in adoption: Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the word or has ceased to be a Hindu or has been declared by a court of competent juri sdiction to be of unsound mind. 4 Explanation .If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons spec ified in the preceding proviso. 1[8.Capacity of a fe male Hindu to take in adoption .Any fema le Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption: Provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband has complet ely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.] 9.Persons capable of giving in adoption .(1)No person except the father or mother or the guardian of a child s hall have the capacity to give the child in adoption. 2[(2) Subject to the provisions of sub -section ( 4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption: Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.] 3* * * * * 4[(4) Where both the father a nd mother are dead or have com pletely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guard ian of the child may give the child in adoption with the previous permission of the court to any person i ncluding the guardian himself.] (5) Before granting permission to a guardian under sub -section ( 4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant f or permission has not received o r agreed to receive and that no per son has made or given or agreed to make or give to the applicant any payment or reward in considera tion of the adoption except such as the court may sanction. Explanation .For the purposes of this section (i) the expressions father and mother do not include an adoptive father and an adoptive mother; 5* * * 6[(ia) guardian means a person having the care of the person of a child or of both his pe rson and property and includes (a) a guardian appointed by the will of th e child's father or mother, and (b) a guardian appoint ed or declared by a court; and] (ii) court means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides. 1. Subs. by Act 30 of 2010, s. 3, for section 8 (w.e.f. 31 -8-2010). 2. Subs. by s. 3, ibid., for sub -section ( 2) (w.e.f. 31 -8-2010). 3. Sub -section ( 3) omitted by s. 3, ibid. (w.e.f. 31 -8-2010). 4. Subs.by Act 45 of 1962, s. 3, for sub -section ( 4) (w.e.f. 29 -11-1962). 5. The word and omitted by s. 3, ibid. (w.e.f. 29 -11-1962). 6. Ins. by s. 3, ibid.(w.e.f. 29 -11-1962). 5 10. Persons who may be adopted .No person shall be capable of being taken in adoption unless the following con ditions are fulfilled, namely: (i) he or she is a Hindu; (ii) he or sh e has not already been adopted; (iii) he or she has not been married, unless there is a custom or usage applic able to the parties which permits persons who are m arried being taken in adoption; (iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. 11.Other c onditions for a valid adoption .In every adoption, the following con ditions must be complied with: (i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son sons son or son s son s son (whether by legitimate blood relationship or by adoption) living at the time of adoption; (ii) if the adoption is of a daughter, the adoptive father or mother by whom the ad option is made must not have a Hindu daughte r or son s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption; (iii) if the adoption is by a male and the person to be adopted is a female, the adop tive father is at least twenty -one years olde r than the person to be adopted; (iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty -one years olde r than the person to be adopted; (v) the same child may not be adopted simulta neously by two or more pers ons; (vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth 1[or in the case of an abandoned child or a child wh ose parentage is not known, from the place or family where it has been brought up] to the family of its adoption: Provided that the performance of dattahomam shall not be essential to the validity of an adoption. 12.Effects of adoption .An adopted child sh all be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by th ose created by the a doption in the adoptive family: Provided that (a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth; (b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth; (c) the adopted child shall not div est any person of any estate which vested in him or her before the adoption. 1. Ins. by Act 45 of 1962, s. 4 (w.e.f. 29 -11-1962). 6 13. Right of adoptive parents to dispose of their properties .Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will. 14. Determination of a doptive mother in certain cases .(1)Where aHindu who has a wife living adopts a child, she shall be deemed to bethe adopti ve mother. (2) Where an adoption has been made with the consent of more than one wife, the seniormost in marriage among them shall be deemed to be the adoptive mother and the others to be step -mothers. (3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step -mother of the adopted child. (4) Where a window or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step -father of the adopted child. 15. Valid adoption not to be cancelled .No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth. 16. Pres umption as to registered documents relating to
her status as such and return to the family of his or her birth. 16. Pres umption as to registered documents relating to adop tion.Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved. STATE AMENDMENT Uttar Pradesh Amendment of section 16 of Act 78 of 1956 .In the Hindu Adaptation and Maintenance Act, 1956, section 16 shall be re -numbered as sub -section (1) thereof, and after sub -section (1) as so re -numbered the following sub -section shall be inserted namely: -- (2) In case any adoption made on or after the first day of January, 1 977 no Court in Uttar Pradesh shall accept any evidence in proof of the giving and taking of the child in adoption, except a document recording an adoption, made and signed by the person giving and the person taking the child in adoption, and registered un der any law for the time being in force; Provided that secondary evidence of such document shall be admissible in the circumstances and the manner laid down in the Indian Evidence Act, 1872 (1 of 1872).. [Vide Uttar Pradesh Act 57 of 1976, s. 35] 17. Prohibition of certain payments .(1)No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward the receipt of which is prohibited by this section. (2) If any person contravenes the provisions of sub -section ( 1), he shall be punishable with imprisonment which may extend to six mont hs, or with fine, or with both. (3) No prosecution under this section shal l be instituted without the previous sanction of the State Government or an officer authorised by the S tate Government in this behalf. CHAPTER III MAINTENANCE 18. Maintenance of wife .(1)Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by he r husband during her life time. (2) A Hindu wife shall be entitled to live separately from her husband without forfei ting her claim to maintenance, 7 (a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish , or of wilfully neglecting her; (b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that i t will be harmful or inju rious to live with her husband; 1* * * * * (d) if he has any other wife living; (e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine else where; (f) if he has ceased to be a Hindu by c onversion to another religion; (g) if there is any other cause ju stifying her living separately . (3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to anot her religion. 19. Maintena nce of widowed daughter -in-law.(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by h er father -in-law: Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, i s unable to obtain maintenance (a) from the estate of her husb and or her father or mother, or (b) from her son or daughter , if any, or his or her estate. (2) Any obligation under sub -section ( 1) shall not be enforceable if the father -in-law has not the means to do so from any coparcenary property in his possession out of which the daughter -in- law has not obtained any share, and any such obligation shall cease on the rem arriage of the daughter -in-law. 20. Maintenanc e of children and aged parents .(1)Subject to the provisions of this section a Hindu is bound, during his or her life -time, to maintain his or her legitimat e or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child i s a minor. (3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. Explanation .In this section parent includes a childless step -mother. 21. Dependants defined .For the purposes of this Chapter dependant s mean the follow ing relatives of the deceased: (i) his or her father; (ii) his or her mother; (iii) his widow, so long as she does not re -marry; (iv) his o r her son or the son of his pre deceased son or the son of a pre deceased son o f his pre-deceased son, so long as he is a minor: provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father s or mother s estate, and in the case of a great -grandson, from the estate of his father or mother or fat hers father or father s mother; 1. Clause ( c) omitted by Act 6 of 2019, s. 6 (w.e.f. 1 -3-2019). 8 (v) his or her unmarried daughter, or the unmarried daughter of his p redeceased son or the unmarried daughter of a predeceased son of his pre deceased son, so long as she remains unmarried:provided and to the extent that she is unable to obtain maintenance, in the case of a grand - daughter from her father s or mother s estate and i n the case of a great -grand -daughter from the estate of her father or mother or fat her's father or father s mother; (vi) his widowed daughter: provided and to the extent that she is unable to obtain mainten ance (a) from the estate of her husband ; or (b) from her son or daught er if any, or his or her estate; or (c) from her father -in-law or his father or the estate of either of them; (vii) any widow of his son or of a son of his pre deceased son, so long as she does not re -marry: provided and to the extent that she is unable to obtain maintenance from her husband s estate, or from her son or daughte r, if any, or his or her estate ; or in the case of a grandson s widow, also from her father -in-laws estate ; (viii) his or her minor illegitimate son, so long as he remains a minor; (ix) his or her illegitimate daughter, so long as she remains unmarried. 22. Maintenance of dependa nts.(1) Subject to the provisions of sub -section ( 2), the heirs of a deceased Hindu are bound to maintain the dependant s of the deceased out of the estate inher ited by them from the deceased. (2) Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitle d, subject to the provisions of this Act, to maintenance from those who take the estate. (3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her. (4) Notwithst anding anything contained in sub -section ( 2) or sub -section ( 3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would, if the l iability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act. 23. Amount of maintenanc e.(1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub -section ( 2) or sub -section ( 3), as the case may be, so far as they are applicable. (2) In determining the am ount of maintenance, if any, to be awarded to a wife, children or aged on infirm parents under th is Act, regard shall be had to (a) the position and status of the p arties; (b) the re asonable wants of the claimant; (c) if the claimant is living separately, whether the cl aimant is justified in doing so; (d) the value of the claimant s property and any income derived from such property, or from the claimant's own earni ngs or from any other source; (e) the number of persons entitled to maintenance under this Act. (3) In determining the amount of maintenance, if any, to be awarded to a dependent under th is Act, regard shall be had to (a) the net value of the estate of the deceased after providi ng for the payment of his debts; 9 (b) the provision, if any, made under a will of the deceas ed in respect of the dependant ; (c) the degree o f relationship between the two; (d) the re asonable wants of the dependant ; (e) the past relations between the dependant and the deceased; (f) the value of the property of the dependant and any income derived from such property; or from his or her ea rnings or from any other source; (g) the number of dependant s entitled to maintenance under this Act. 24. Claimant to maintenance should be a Hind u.No person shall be entitled to claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion. 25. Amount of maintenance may be alte red on change of circumstances .The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstan ces justifying such alteration. 26. Debts to have priority .Subject to the provisions contai ned in section 27 debts of every description contracted or payable by the deceased shall have priority over the claims of his dependant s for maintenance under this Act. 27. Maintenance when to be a charge .A dependant s claim for maintenance under this Act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the will of the deceased, by a decree of court, by agreement between the dependant and the owner of the estate or portion, or otherwise. 28. Effect of transfer of pr operty on right to maintenance .Where a dependant has a right to receive maintenance out of an estate and such estate or a ny part thereof is transferred, the right to receive maintenance may be enforce d against the transferee if the transferee has notice of the right, or if the transfer is gratuitous ; but not against the transferee for consideration and without notice of the right. CHAPTER IV REPEALS AND SAVINGS 29. [Repeals .]Rep. by the Repealing and Amending Act, 1960 (58 of 1960 ), s. 2 and the First Schedule (w.e.f. 26-11-1960 ). 30. Savings .Nothing contained in this Act shall affect any adoption made before the commencement of this Act, and the validity and effect of any su ch adoption shall be determined as if this Act had not been passed.
THE GRAM NYAYALAYAS ACT, 2008 ACT NO. 4 OF 2009 [7th January , 2009.] An Act to provide for the establishment of Gram Nyayalayas at the grass roots level for the purposes of providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty -ninth Year of th e Republic of India as follows: CHAPTER I PRELIMINARY 1. Short ti tle, extent and commencement . (1) This Act may be called the Gram Nyayalayas Act, 2008. (2) It extends to the whole of India 1***, the State of Nagaland, the State of Arunachal Pradesh, the State of Sikkim and to the tribal areas. Explanation .In this sub -section, the expression "tribal areas" means the areas specified in Parts I, II, IIA and III of the Table below paragraph 20 of the Sixth Schedule to the Constitution within the State of Assam, th e State of Meghalaya, the State of Tripura and the State of Mizoram, respectively. (3) It shall come into force on such date2 as the Central Government may, by notification published in the Official Gazette, appoint; and different dates may be appointed fo r different States. 2. Definitions . In this Act, unless the context otherwise requires, (a) "Gram Nyayalaya" means a court established under sub -section ( 1) of section 3; (b) "Gram Panchayat" means an institution (by whatever name called) of self-government constituted, at the village level, under article 243B of the Constitution, for the rural areas; (c) "High Cour t" means, (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdi ction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (d) "notification" means a notifi cation published in the Official Gazette and the expression "notified" shall be construed accordingly; (e) "Nyayadhikari" means the presiding officer of a Gram Nyayalaya appointed under section 5; (f) "Panchayat at intermediate level" means an institution (by whatever name called) of self - government constituted, at the intermediate level, under article 243B of the Constitution, for the rural areas in accordance with the provisions of Part IX of the Constitution; (g) "prescribed" means prescribe d by rules ma de under this Act; (h) "Schedule" means the Schedule appended to this Act; 1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 2. 2nd October , 2009, vide notification No. S.O. 2313 (E), dated 11th November , 2009 , see Gazette of India, Extraordinary, Part II, s ec. 3( ii). 4 (i) "State Government", in relation to a Union territory, means the administrator thereof appointed under article 239 of the Constitution; (j) words and expressions used herein and not defined but defined in the Code of Civil Procedure, 1908 (5 of 1908) or the Code of Criminal Procedure, 1973 (2 of 1974) shall have the meanings respectively assigned to them in those Codes. CHAPTER II GRAM NYAYALAYA 3. Est ablishment of Gram Nyayalayas . (1) For the purpose of exercising the jurisdiction and powers conferred on a Gram Nyayalaya by this Act, the State Government, after consultation with the High Court, may, by notification, establish one or more Gram Nyayalayas for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State, for a group of contiguous Gram Panchayats. (2) The State Government shall, after consultation with th e High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Gram Nyayalaya shall extend and may, at any time, increase, reduce or alter such limits. (3) The Gram Nyayalayas established under sub -section ( 1) shall be in addition to the courts established under any other law for the time being in force. 4. He adquarters of Gram Nyayalaya . The headquarters of every Gram Nyayalaya shall be located at the headquarters of the intermediate Panchayat in which the Gram Nyayalaya is established or such other place as may be notified by the State Government. 5. Appointment of Nyayadhikari . The State Government shall, in consultation with the High Court, appoint a Nyayadhikari for every Gram Nyayalaya. 6. Qualifications fo r appointment of Nyayadhikari . (1) A person shall not be qualified to be appointed as a Nyayadhikari unless he is eligible to be appointed as a Judicial Magistrate of the first class. (2) While appointing a Nyayadhikari, representation shall be given to the members of the Scheduled Castes, the Scheduled Tribes, women and such other classes or communities as may be specified by notification, by the State Government from time to time. 7. Salary, all owances and other terms and con dition s of service of Nyayad hikari . The salary and other allowances payable to, and the other terms and conditions of service of, a Nyayadhikari shall be such as may be applicable to the Judicial Magistrate of the first class. 8. Nyayadhikari not to preside over proceedin gs in which he is interested . The Nyayadhikari shall not preside over the proceedings of a Gram Nyayalaya in which he has any interest or is otherwise involved in the subject matter of the dispute or is related to any party to such proceedings and in such a case, the Nyayadhikari shall refer the matter to the District Court or the Court of Session, as the case may be, for transferring it to any other Nyayadhikari. 9. Nyayadhikari to hold mobile courts and con duct proceedings in villages . (1) The Nyayadhikari shall periodically visit the villages falling under his jurisdiction and conduct trial or proceedings at any place which he considers is in close proximity to the place where the parties ordinarily reside or where the whole or part of the cause of action had ar isen: Provided that where the Gram Nyayalaya decides to hold mobile court outside its headquarters, it shall give wide publicity as to the date and place where it proposes to hold mobile court. (2) The State Government shall extend all facilities to the Gr am Nyayalaya including the provision of vehicles for holding mobile court by the Nyayadhikari while conducting trial or proceedings outside its headquarters. 10. Seal of Gram Nyayalaya . Every Gram Nyayalaya established under this Act shall use a seal of the court in such form and dimensions as may be prescribed by the High Court with the approval of the State Government. 5 CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF GRAM NYAYALAYA 11. Ju risdiction of Gram Nyayalaya . Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, the Gram Nyayalaya shall exercise both civil and criminal jurisdiction in the manner and to the ext ent provided under this Act. 12. Criminal jurisdiction . (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, the Gram Nyayalaya may take cognizance of an offence on a com plaint or on a police report and shall (a) try all offences specified in Part I of the First Schedule; and (b) try all offences and grant relief, if any, specified under the enactments included in Part II of that Schedule. (2) Without prejudice to the provisions of sub -section ( 1), the Gram Nyayalaya shall also try all such offences or grant such relief under the State Acts which may be notified by the State Government under sub-section ( 3) of section 14. 13. Civil jurisdiction . (1) Notwithstanding any thing contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, and subject to sub -section ( 2), the Gram Nyaya laya shall have jurisdiction to (a) try all suits or proceedings of a civil nature falling under the classes of disputes specified in Part I of the Second Schedule; (b) try all classes of claims and disputes which may be notified by the Central Government under sub-section ( 1) of section 14 and by the State Government under sub -section ( 3) of the said section. (2) The pecuniary limits of the Gram Nyayalaya shall be such as may be specified by the High Court, in consultation with the State Government, by notification, from time to time. 14. Power to amend Schedules . (1) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, add to or omit any item in Part I or Part II of the First Schedule or Part II of the Second Schedule, as the case may be, and it shall be deemed to have been amended accordingl y. (2) Every notification issued under sub -section ( 1) shall be laid before each House of Parliament. (3) If the State Government is satisfied that it is necessary or expedient so to do, it may, in consultation with the High Court, by notification, add to any item in Part III of the First Schedule or Part III of the Second Schedule or omit from it any item i n respect of which the State Legislature is competent to make laws and thereupon the First Schedule or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly. (4) Every notification issued under sub -section ( 3) shall be laid before the State Legislature. 15. Limitation . (1) The provisions of the Limitation Act, 1963 (36 of 1963) shall be applicable to the suits triable by the Gram Nyayalaya. (2) The provisions of Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable in respect of the offences triable by the Gram Nyayalaya. 16. Tr ansfer of pending proceedings . (1) The District Court or the Court of Session, as the case may be, with effect from such date as may be notified by the High Court, may transfer all the civil or criminal cases, pending before the courts subordinate to it, to the Gram Nyayalaya competent to try or dispose of such cases. (2) The Gram Nyayalaya may, in its discretion, either retry the cases or proceed from the stage at which it was transferred to it. 6 17. D uties of ministerial officers . (1) The State Government shall determine the nature and categories of the officers and other employees required to assist a Gram Nyayalaya in the discharge of its functions and provide the Gram Nyayalaya with such officers and other employees as it may think fit. (2) The salaries and allowances payable to, and other conditions of service of, the officers and other employees of the Gram Nyayalaya shall be such as may be prescribe d by the State Government. (3) The officers and other employees of a Gram Nyayalaya shall perform such duties as may, from time to time, be assigned to them by the Nyayadhikari. CHAPTER IV PROCEDURE IN CRIMINAL CASES 18. Overriding eff ect of Act in criminal trial . The provisions of this Act shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law, but save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Gram Nyayalaya; and for the purpose of the said provi sions of the Code, the Gram Nyayalaya shall be deemed to be a Court of Judicial Magistrate of the first class. 19. Gram Nyayalaya to fo llow summary trial procedure . (1) Notwithstanding anything contained in sub -section ( 1) of section 260 or sub -section ( 2) of section 262 of the Co de of Criminal Procedure, 1973 (2 of 1974) the Gram Nyayalaya shall try the offences in a summary way in accordance with the procedure specified in Chapter XXI of the said Code and the provisions of sub -section ( 1) of section 262 and sections 263 to 265 of the said Code, shall, so far as may be, apply to such trial. (2) When, in the course of a summary trial, it appears to the Nyayadhikari that the nature of the case is such that it is undesirable to try it summarily, the Nyayadh ikari shall recall any witness who may have been examined and proceed to re -hear the case in the manner provided under the Code of Criminal Procedure, 1973 (2 of 1974) . 20. Plea barg aining before Gram Nyayalaya . A person accused of an offence may file an application for plea bargaining in Gram Nyayalaya in which such offence is pending trial and the Gram Nyayalaya shall dispose of the case in accordance with the provisions of Chapter XXIA of the Code of Criminal Procedure, 1973 (2 of 1974) . 21. Conduct of cases in Gram Nyayal aya and legal aid to parties . (1) For the purpose of conducting criminal cases in the Gram Nyayalaya on behalf of the Government, the provisions of section 25 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply. (2) Notwithstanding anything contained in sub -section ( 1), in a criminal proceeding before the Gram Nyayalaya, the complainant may engage an advocate of his choice at his expense to present the case of prosecution with the leave of the Gram Nyayalaya. (3) The State Legal Services Authority, constituted under section 6 of the Legal Services Authorities Act, 1987 (39 of
Legal Services Authority, constituted under section 6 of the Legal Services Authorities Act, 1987 (39 of 1987) shall prepare a panel of advocates and assign at least two of them to be attached to each Gram Nyayalaya so that their services may be prov ided by the Gram Nyayalaya to the accused unable to engage an advocate. 22. Pronouncement of j udgment . (1) The judgment in every trial shall be pronounced by the Nyayadhikari in open court immediately after the termination of the trial or at any subsequen t time, not exceeding fifteen days, of which notice shall be given to the parties. (2) The Gram Nyayalaya shall deliver a copy of its judgment immediately to both the parties free of cost. CHAPTER V PROCEDURE IN CIVIL CASES 23. Overriding effect of Act in civil proceedings . The provisions of this Act shall have effect notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law, 7 but save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Gram Nyayalaya; and for the purpose of the said provisions of the Code, the Gram Nyayalaya shall be deemed to be a civil court. 24. Special procedure in civil disputes . (1) Notwithstanding anything contained in any other law for the time being in force, every suit, claim or dispute under this Act shall be instituted by making an application to the Gram Nyayalaya in such form, in such manner, and accompanied by such fee, not exceeding rupees one hundred, as may be prescribed by the High Court, from time to time, in consultation with the State Government. (2) Where a suit, claim or dispute has been duly instituted, a summons shall be issued by the Gram Nyayalaya, accompanied by a copy of the application made under sub -section ( 1), to the opposite party to appear and answer the claim by such date as may be specified therein and the same shall be served in such manner as may be prescribed by the High Court. (3) After the opposite party files his written statement, the Gram Nyayalaya shall fix a date for hearing and inform all the parties to be present in person or through their advocates . (4) On the date fixed for hearing, the Gram Nyayalaya shall hear both the parties in regard to their respective contentions and where the dispute does not require recording of any evidence, pronounce the judgment; and in case where it requires recording of evidence, the Gram Nyayalaya shall proceed further. (5) The Gram Nyaya laya shall also have the power (a) to dismiss any case for default or to proceed ex parte ; and (b) to set aside any such order of dismissal for default or any order passed by it for hearing the case ex parte . (6) In regard to any incidental matter that may arise during the course of the proceedings, the Gram Nyayalaya shall adopt such procedure as it may deem just and reasonable in the interest of justice. (7) The proceedings shall, as far as practicable, be consistent with the interests of j ustice and the hearing shall be continued on a day -to-day basis until its conclusion, unless the Gram Nyayalaya finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded in writing. (8) The Gram Nyayalaya shal l dispose of the application made under sub -section ( 1) within a period of six months from the date of its institution. (9) The judgment in every suit, claim or dispute shall be pronounced in open court by the Gram Nyayalaya immediately after conclusion o f hearing or at any subsequent time, not exceeding fifteen days, of which notice shall be given to the parties. (10) The judgment shall contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such deci sion. (11) A copy of the judgment shall be delivered free of cost to both the parties within three days from the date of pronouncement of the judgment. 25. Execution of decrees and orders of Gram Nyayalaya . (1) Notwithstanding anything contained in th e Code of Civil Procedure, 1908 (5 of 1908) the judgment passed by a Gram Nyayalaya shall be deemed to be a decree and it shall be executed by a Gram Nyayalaya as a decree of the civil court and for this purpose, the Gram Nyayalaya shall have all the power s of a civil court. (2) The Gram Nyayalaya shall not be bound by the procedure in respect of execution of a decree as provided in the Code of Civil Procedure, 1908 (5 of 1908) and it shall be guided by the principles of natural justice. (3) A decree may b e executed either by the Gram Nyayalaya which passed it or by the other Gram Nyayalaya to which it is sent for execution. 26. Duty of Gram Nyayalaya to make efforts for conciliation and settlement of civil disputes . (1) In every suit or proceeding, endeavour shall be made by the Gram Nyayalaya in the first instance, where it is possible to do so, consistent with the nature and circumstances of the case, to assist, persuade and conciliate the parties in arriving at a set tlement in respect of the subject matter of the suit, claim or 8 dispute and for this purpose, a Gram Nyayalaya shall follow such procedure as may be prescribed by the High Court. (2) Where in any suit or proceeding, it appears to the Gram Nyayalaya at any stage that there is a reasonable possibility of a settlement between the parties, the Gram Nyayalaya may adjourn the proceeding for such period as it thinks fit to enable them to make attempts to effect such a settlement. (3) Where any proceeding is adjour ned under sub -section ( 2), the Gram Nyayalaya may, in its discretion, refer the matter to one or more Conciliators for effecting a settlement between the parties. (4) The power conferred by sub -section ( 2) shall be in addition to, and not in derogation of, any other power of the Gram Nyayalaya to adjourn the proceeding. 27. Appointment of Conciliators . (1) For the purposes of section 26, the District Court shall, in consultation with the District Magistrate, prepare a panel consisting of the names of social workers at the village level having integrity for appointment as Conciliators who possess such qualifications and experience as may be prescribed by the High Court. (2) The sitting fee and other allowances payable to, and the other terms and conditi ons for engagement of, Conciliators shall be such as may be prescribed by the State Government. 28. Transfer of civil disputes . The District Court having jurisdiction may, on an application made by any party or when there is considerable pendency of cases in one Gram Nyayalaya or whenever it considers necessary in the interests of justice, transfer any case pending before a Gram Nyayalaya to any other Gram Nyayalaya within its jurisdiction. CHAPTER VI PROCEDURE GENERALLY 29. Proceedings to be in the official language o f the State . The proceedings before the Gram Nyayalaya and its judgment shall, as far as practicable, be in one of the official languages of the State other than the English language. 30. Application of Indian Evidence Act, 1872 . A Gra m Nyayalaya may receive as evidence any report, statement, document, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence A ct, 1872 (1 of 1872) . 31. Rec ord of oral evidence . In suits or proceedings before a Gram Nyayalaya, it shall not be necessary to record the evidence of witnesses at length, but the Nyayadhikari, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of substance o f what the witness deposes, and such memorandum shall be signed by the witness and the Nyayadhikari and it shall form part of the record. 32. Evidence of f ormal character on affidavit . (1) The evidence of any person where such evidence is of a formal char acter, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Gram Nyayalaya. (2) The Gram Nyayalaya may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding, summon and examine any such person as to the facts contained in his affidavit. CHAPTER VII APPEAL S 33. Appeal in criminal cases . (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law, no appeal shall lie from any judgment, sentence or order of a Gram Nyayalaya except as provided hereunder. (2) No appeal shall lie where (a) an accused person has pleaded guilty and has been convicted on such plea; (b) the Gram Nyayalaya has passed only a sentence of fine not exceeding one thousand rupees. 9 (3) Subject to sub -section ( 2), an appeal shall lie from any other judgment, sentence or order of a Gram Nyayalaya to the Court of Session. (4) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment, sentence or order of a Gram Nyayalaya: Provided that the Court of Session may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (5) An appeal preferred under sub -section ( 3) shall be heard and disposed of by the Court of Session within six months from the date of f iling of such appeal. (6) The Court of Session may, pending disposal of the appeal, direct the suspension of the sentence or order appealed against. (7) The decision of the Court of Session under sub -section ( 5) shall be final and no appeal or revision shall lie from the decision of the Court of Session: Provided that nothing in this sub -section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution. 34. Appeal in civil cases . (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law, and subject to sub -section ( 2), an appeal shall lie from every judgment or order, not being an interlocutory order, of a Gram Nyayalaya to the District Co urt. (2) No appeal shall lie from any judgment or order passed by the Gram Nyayalay a (a) with the consent of the parties; (b) where the amount or value of the subject matter of a suit, claim or dispute does not exceed rupees one thousand; (c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed rupees five thousand. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Gram Nyayalaya: Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (4) An appeal preferred under sub -section ( 1) shall be heard and disposed of by the District Court within six months from the date of filing of t he appeal. (5) The District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against. (6) The decision of the District Court under sub -section ( 4) shall be final and no appeal or revision shall lie from the decisi on of the District Court: Provided that nothing in this sub -section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution. CHAPTER VIII MISCELLANEOUS 35. Assistance of police to Gram Nyayalayas . (1) Every police officer functioning within the local limits of jurisdiction of a Gram Nyayalaya shall be bound to assist the Gram Nyayalaya in the exercise of its lawful authority. (2) Whenever the Gram Nyayalaya, in the discharge of its functions, directs a revenue officer or police officer or Government servant to provide assistance to the Gram Nyayalaya, he shall be bound to provide such assistance. 10 36. Nyayadhikaris and employees, etc., to be public se rvants . The Nyayadhikaris and the officers and other employees of the Gram Nyayalayas shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860) . 37. In spection of Gram Nyaya layas . The High Court may authorise any judicial officer superior in rank to the Nyayadhikari to inspect the Gram Nyayalayas within his jurisdiction once in every six months or such other period as the High Court may prescribe and is sue such instructions, as he considers necessary and submit a report to the High Court. 38. Power to remove difficulties . (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 39. Power of High Court to make rules . (1) The High Court may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the f oregoing power, such rules may provide for all or any of the following matters, namely: (a) the form and dimensions of the seal of the Gram Nyayalaya under section 10; (b) the form, the manner and the fee for institution of suit, claim or proceeding under sub -section (1) of section 24; (c) manner of service on opposite party under sub -section ( 2) of section 24; (d) procedure for conciliation under sub -section ( 1) of section 26; (e) qualifications and experience of Conciliators under sub -section ( 1) of section 27; (f) the period for inspection of Gram Nyayalayas under section 37. (3) Every notification issued by the High Court shall be published in the Official Gazette. 40. Power of St ate Government to make rules . (1) The State Government may, by notification, make rules for carrying out the provisions of this Act
St ate Government to make rules . (1) The State Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Gram Nyayalayas under sub -section ( 2) of section 17; (b) the sitting fee and other allowances payable to, and the other terms and conditions fo r engagement of, Conciliators under sub -section ( 2) of section 27. (3) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. 11 THE FIRST SCHEDULE (See sections 12 and 14) PART I OFFENCES UNDER THE INDIAN PENAL CODE (45 OF 1860), ETC. (i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed rupees twenty thousand; (iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where the value of the property does not exceed rupees twenty th ousand; (iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860), where the value of such property does not exceed rupees twenty thousand; (v) offences under sections 454 and 456 of the India n Penal Code (45 of 1860); (vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, punishable with imprisonment for a term which may extend to two years, or with fine, or with both, under section 506 of the I ndian Penal Code (45 of 1860); (vii) abetment of any of the foregoing offences; (viii) an attempt to commit any of the foregoing offences, when such attempt is an offence. PART II OFFENCES AND RELIEF UNDER THE OTHER CENTRAL ACTS (i) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle -trespass Act, 1871(1 of 1871); (ii) the Payment of Wages Act, 1936 (4 of 1936); (iii) the Minimum Wages Act, 1948 (11 of 1948); (iv) the Protection of Civil Rights Act, 1955 (22 of 1955); (v) order for maintenance of wives, children and parents under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974); (vi) the Bonded Labour System (Abolition) Act, 1976 (19 of 1976); (vii) the Equal Remuneration Act, 1976 (25 o f 1976); (viii) the Protection of Women from Domestic Violence Act, 2005 (43 of 2005). PART III OFFENCES AND RELIEF UNDER THE STATE ACTS (To be notified by the State Government) 12 THE SECOND SCHEDULE (See sections 13 and 14) PART I SUITS OF A CIVIL NATURE WITHIN THE JURISDICTION OF GRAM NYAYALAYAS (i) Civil Disputes: (a) right to purchase of property; (b) use of common pasture; (c) regulation and timing of taking water from irrigation channel. (ii) Property Disputes: (a) village and farm houses (Possession); (b) water channels; (c) right to draw water from a well or tube well. (iii) Other Disputes: (a) claims under the Payment of Wages Act, 1936 (4 of 1936); (b) claims under the Minimum Wages Act, 1948 (11 of 1948); (c) money suits either arising from trade transaction or money lending; (d) disputes arising out of the partnership in cultivation of land; (e) disputes as to the use of forest produce by inhabitants of Gram Panchayats. PART II CLAIMS AND DISPUTES UNDER THE CENTRAL ACTS NOTIFIED UNDER SUB -SECTION (1) OF SECTION 14 BY THE CENTRAL GOVERNMENT (To be notified by the Central Government) PART III CLAIMS AND DISPUTES UNDER THE STATE ACTS NOTIFIED UNDER SUB -SECTION (3) OF SECTION 14 BY THE STATE GOVERNMENT (To be notified by the State Government
THE COMPETITION ACT, 2002 ACT NO. 12 OF 2003 [13th January , 2003.] An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty -third Year of the Repub lic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be called the Competition Act, 2002. (2) It extends to the whole of India except the State of Jammu and Kashmir . (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Definitions .In this Act, unless the context otherwise requires, (a) acquisition means, directly or indirectly, acquiring or agreeing to acquire (i) shares, voting rights or assets of any enterprise; or (ii) control over management or control over assets of any enterprise; (b) agreement includes any arrangement or understanding or action in concert, (i) whether or not, such arrangement, understanding or action is formal or in writing; or (ii) whether or not such arrangement, understanding or action is intended to be enforceable by legal proceedings; 2[ 3[(ba) "Appellate Tribunal" means the National Company Law Appellate Tribunal referred to in sub -section ( 1) of section 53A; ]] (c) cartel includes an association of producers, sellers, distributors, traders or service providers who, by agreement amongst themselves, limit, control or attempt to control the production, distribution, sale or price of, or, trade in goods or provision of services; (d) Chairperson means the Chairperson of the Commission appointed under sub-section ( 1) of section 8; (e) Commission means the Competition Commission of India established under sub -section (1) of section 7; 4[(ea) commitment means the commitment referred to in section 48B;] 1. 31st March, 2003, vide Notification No. S.O. 340(E), dated 31st March 2003 in respect of [s. 1, cls. ( d), (g), (j), (k), (l) and ( n) of s. 2, ss. 8, 9, 10, 14, 16, 17, sub -sec. ( 1) of s. 63 and cls. ( a), (b), (d), (e), (f) and ( g) of sub -sec. ( 2) of s. 63]; 19th June, 2003, vide Notification no. S.O. 715(E), dated 19th June 2003 in respect of [s. 2 {except cls. ( d), (g), (j), (k), (l) and (n)}, ss. 7, 11, 12, 13, 15, 22, 23, 36, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, s. 63 {except cls. ( a), (b), (d), (e), (f), (g) and ( n) of sub -sec. ( 2)}, 64 and 65] 20th May, 2009, vide Notification No. S.O. 1241(E), dated 15th May 2009 in respect of [s. 3, 4, 18, 19, 21, 26, 27, 28, 32, 33, 35, 38, 39, 41, 42, 43, 45, 46, 47, 48, 54, 55 and 56.] 1st September, 2009, vide Notification No. S.O. 2204(E), dated 28th August 2009 in respect o f s. 66. 2. Ins. by Act 39 of 2007, s. 2 (w.e.f. 12 -10-2007). 3. Subs. by Act 7 of 2017, s. 171, for clause ( ba) (w.e.f. 26 -5-2017). 4. Ins. by Act 9 of 2023, s. 3 (w.e.f. 18 -5-2023). . 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 . 5 (f) consumer means any person who (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, whether such purchase of goods is for resale or for any commercial purpose or for personal use; (ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first -mentioned person whether such hiring or availing of services is for any commercial purpose or for personal use; (g) Director General means the Director General appointed under sub-section ( 1) of section 16 and includes any Additional, Joint, Deputy or Assistant Directors General appointed under that section; (h) enterprise means 1[a person or a department of the Government, including units, divisions, subsidiaries, who or which is, or has been, engaged in any economic activity, relating to the product ion, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of a ny other body corporate, either directly or through one or more of its units or divisions or subsidiaries, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence and space; ] Explanation .For the purposes of this clause, (a) activity includes profession or occupation; (b) article includes a new article and service includes a new service; (c) unit or division, in relation to an enterprise, includes (i) a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods; (ii) any branch or office established for the provision of any service; (i) goods means goods as defined i n the Sale of Goods Act, 1930 (8 of 1930) and includes (A) products manufactured, processed or mined; (B) debentures, stocks and shares after allotment; (C) in relation to goods supplied, distributed or controlled in India, goods imported into India; (j) Member means a Member of the Commission appointed under sub-section ( 1) of section 8 and includes the Chairperson; (k) notification means a notification pub lished in the Official Gazette; 2[(ka) "party" includes a consumer or an enterprise or a person or an information provider, or a consumer association or a trade association, or the Central Government or any State Government or any statutory authority, as the case may be, and sha ll include an enterprise or a person against whom any inquiry or proceeding is instituted; and any enterprise or person impleaded by the Commission to join the proceedings;] 1. Subs. by Act 9 of 2023, s. 3, for certain words (w.e.f. 18 -5-2023). 2. Ins. by s. 3, ibid. (w.e.f. 18 -5-2023). 6 (l) person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or no t, in India or outside India; (vi) any corporation established by or under any Central, State or Provincial Act or a Government company as defined in 1[clause ( 45) of section 2 of 2[the Companies Act, 2013 (18 of 2013 )]]; (vii) any body corporate incorporated by or under the laws of a country outside India; (viii) a co -operative society registered under any law relating to co -operative societies; (ix) a local authority; (x) every artificial juridical person, not falling within any of the preceding sub-clauses; (m) practice includes any practice relating to the carrying on of any trade by a person or an enterprise; (n) prescribed mean s prescribed by rules made under this Act; (o) price, in relation to the sale of any goods or to the performance of any services, includes every valuable consideration, whether direct or indirect, or deferred, and includes any consideration which in effe ct relates to the sale of any goods or to the performance of any services although ostensibly relating to any other matter or thing; 3[(p) public financial institution" means public financial institution as defined in clause ( 72) of section 2 of the Companies Act, 2013 (18 of 2013) and includes a State Financial Corporation, State Industrial Corporation or State Investment Corporation; ] (q) regulations means the regulations made by the Commission under section 64; (r) relevant market means the mar ket which may be determined by the Commission with reference to the relevant product market or the relevant geographic market or with reference to both the markets; (s) relevant geographic market means a market comprising the area in which the conditions of competition for supply of goods or provision of services or demand of goods or services are distinctly homogenous and can be distinguished from the conditions prevailing in the neighbouring areas; 4[(t) "relevant product market" means a market comprising of all those products or services (i) which are regarded as inter -changeable or substitutable by the consumer, by reason of characteristics of the products or services, their prices and intended use; or (ii) the production or supply of, which a re regarded as interchangeable or substitutable by the supplier, by reason of the ease of switching production between such products and services and marketing them in the short term without incurring significant additional costs or risks in response to sm all and permanent changes in relative prices; ] (u) service means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters 1. Subs. by Act 9 of 2023, s. 3, for the words and figures section 617 of the Companies Act, 1956 (1 of 1956) (w.e.f. 18 -5- 2023). 2. Subs. by s. 2, ibid., for the Companies Act, 1956 (1 of 1956) (w.e.f. 18 -5-2023). 3. Subs. by s. 3, ibid., for clause ( p) (w.e.f. 18 -5-2023). 4. Subs. by s. 3, ibid., for clause ( t) (w.e.f. 18 -5-2023). 7 such as bank ing, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising; 1[(ua) "settlement" means the settlement referred to in section 48A;] (v) shares means shares in the share capital of a company carrying voting rights and includes (i) any security which entitles the holder to receive shares with voting rights; (ii) stock except where a distinction between stock and share is expressed or implied; (w) statutory authority means any authority, board, corporation, council, institute, university or any other body corporate, established by or und er any Central, State or Provincial Act for the purposes of regulating production or supply of goods or provision of any services or markets therefor or any matter connected therewith or incidental thereto; (x) trade means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services; (y) turnover includes value of sale of goods or services; (z) words and expressions used but not defined in this Act and defined in 2[the Companies Act, 2013 (18 of 2013 )] shall have the same meanings respectively assigned to them in that Act. CHAPTER II PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF COMBINATIONS Prohibition of agreements 3. Anti -competitive agreements .(1) No enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India. (2) Any agreement entered into in contravention of the provisions contained in sub -section ( 1) shall be void. (3) Any agreement entered into between enterprises or associations of enterprises or persons or associations of persons or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or asso ciation of persons, including cartels, engaged in identical or similar trade of goods or provision of services, which (a) directly or indirectly
, including cartels, engaged in identical or similar trade of goods or provision of services, which (a) directly or indirectly determines purchase or sale prices; (b) limits or controls production, supply, markets, technical development, investment or provision of services; (c) shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services, or number of customers in the market or any other similar way; (d) directly or indirectly results in bid rigging or collusive bidding, shall be presumed to have an appreciable adverse effect on competition: Provided that nothing contained in this sub -section shall apply to any agreement entered into by way of joint ventures if such agreement increases efficiency in production, supply, distribution, storage, acquisition or control of goods or provision of services. 1. Ins. by Act 9 of 2023, s. 3 (w.e.f. 18 -5-2023). 2. Subs. by s. 2, ibid., for the Companies Act, 1956 (1 of 1956) (w.e.f. 18 -5-2023). 8 1[Provided further that an enterprise or association of enterprises or a person or association of person s though not engaged in identical or similar trade shall also be presumed to be part of the agreement under this sub -section if it participates or intends to participate in the furtherance of such agreement.] Explanation .For the purposes of this sub -section, bid rigging means any agreement, between enterprises or persons referred to in sub -section ( 3) engaged in identical or similar production or trading of goods or provision of services, which has the effect of eliminating or reducing competition for bi ds or adversely affecting or manipulating the process for bidding . (4) 2[Any other agreement amongst enterprises or persons including but not restricted to agreement amongst enterprises or persons ] at different stages or levels of the production chain in different markets, in respect of production, supply, distribution, storage, sale or price of, or trade in goods or provision of services, including (a) tie-in arrangement; (b) exclusive 3[dealing ] agreement; (c) exclusive distribution agreement; (d) refus al to deal; (e) resale price maintenance, shall be an agreement in contravention of sub -section ( 1) if such agreement causes or is likely to cause an appreciable adverse effect on competition in India. 4[Provided that nothing contained in this sub -section shall apply to an agreement entered into between an enterprise and an end consumer. ] Explanation .For the purposes of this sub -section, 5[(a) "tie-in arrangement" includes any agreement requiring a purch aser of goods or services, as a condition of such purchase, to purchase some other distinct goods or services; (b) "exclusive dealing agreement" includes any agreement restricting in any manner the purchaser or the seller, as the case may be, in the course of his trade from acquiring or selling or otherwise dealing in any goods or services other than those of the seller or the purchaser or any other person, as the case may be;] (c) exclusive distribution agreement includes any agreement to limit, restrict or withhold the output or supply of any goods 6[or services] or allocate any area or market for the disposal or sale of the goods 6[or services] ; (d) refusal to deal includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods 6[or services] ; are sold or from whom goods 6[or services] are bought; (e) resale price maintenance 7[includes, in case of any agreement to sell goods or provide services, any direct or indirect restriction ] that the prices to be charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices may be charged. (5) Nothing contained in this section shall restrict (i) the right of any person to restrain any infringement of, or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under 1. Ins. by Act 9 of 2023, s. 4 (w.e.f. 18-5-2023). 2. Subs. by s. 4, ibid., for Any agreement amongst enterprises or persons (w.e.f. 18 -5-2023). 3. Subs. by Act 9 of 2023, s. 4, for supply (w.e.f. 18 -5-2023). 4. Ins. by s. 4, ibid. (w.e.f. 18 -5-2023). 5. Subs. by s. 4, ibid., for clauses (a) and ( b) (w.e.f. 18 -5-2023). 6. Ins. by s. 4, ibid. (w.e.f. 18 -5-2023). 7. Subs. by s. 4, ibid., for includes any agreement to sell goods on condition (w.e.f. 18 -5-2023). 9 (a) the Copyright Act, 1957 (14 of 1957); (b) the Patents Act, 1970 (39 of 1970); (c) the Trade and Merchandise Marks Act, 1958 (43 of 1958) or the Trade Marks Act, 1999 (47 of 1999); (d) the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999); (e) the Designs Act, 2000 (16 of 2000); (f) the Semi -conductor Integrated Circuits Layout -Design Act, 2000 (37 of 2000); 1[(g) any other law for the time being in force relating to the protection of other intellectual property rights.] (ii) the right of any person to export goods from India to the extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provision of services for such export. Prohibition of abuse of dominant position 4. Abuse of dominant position .2[(1) No enterprise or group shall abuse its dominant position.] (2) There shall be an abuse of dominant position 3[under sub -section ( 1), if an enterprise or a group] , (a) directly or indirectly, imposes unfair or discriminatory (i) condition in purchase or sale of goods or service; or (ii) price in purchase or sale (including predatory price) of goods or service. Explanation .For the purposes of this clause, the unfair or discriminatory condition in purchase or sale of goods or service referre d to in sub -clause ( i) and unfair or discriminatory price in purchase or sale of goods (including predatory price) or service referred to in sub -clause ( ii) shall not include such 4[condition or price ] which may be adopted to meet the competition; or (b) limits or restricts (i) production of goods or provis ion of services or market there for; or (ii) technical or scientific development relating to goods or services to the prejudice of consumers; or (c) indulges in practice or practices resulting in denial of market access 5[in any manner]; or (d) makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or (e) uses its dominant position in one relevant market to enter into, or protect, other relevant market. Explanation .For the purposes of this section, the expression (a) dominant position means a position of strength, enjoyed by an enterprise, in the rel evant market, in India, which enables it to (i) operate independently of competitive forces prevailing in the relevant market; or (ii) affect its competitors or consumers or th e relevant market in its favour; 1. Ins. by Act 9 of 2023, s. 4 (w.e.f. 18 -5-2023). 2. Subs. by Act 39 of 2007, s. 3, for sub -section ( 1) (w.e.f. 20 -5-2009). 3. Subs. by s. 3, ibid., for under sub -section ( 1), if an enterprise (w.e.f. 20 -5-2009). 4. Subs. by Act 9 of 2023, s. 5, for discriminatory condition or price (w.e.f. 18 -5-2023). 5. Ins. by Act 39 of 2007, s. 3 (w.e.f. 20 -5-2009). 10 (b) predatory price means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision of services, with a view to reduce competition or eliminate the competitors; 1[(c) group shall have the same meani ng as assigned to it in clause ( b) of the Explanation to section 5.] Regulation of combinations 5. Combination .The acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if (a) any acquisition where (i) the parties to the acquisition, being the acquirer and the enterprise, whose control, shares, voting rights or assets have been acquired or are being acquired jointly have, (A) either, in India, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores; or 2[(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, inclu ding at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or ] (ii) the group, to which the enterprise whose control, shares, assets or voting righ ts have been acquired or are being acquired, would belong after the acquisition, jointly have or would jointly have, (A) either in India, the assets of the value of more than rupees four thousand crores or turnover more than rupees twelve thousand crores; or 3[(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars or turnover more than six billion US dollars; or] (b) acquiring of control by a person over an enterprise when such person has already direct or indirect control over another enterprise engaged in production, distribution or trading of a similar or identical or substitutable goods or provision of a similar or identical or substitutable service, if (i) the enterprise over which control has been acq uired along with the enterprise over which the acquirer already has direct or indirect control jointly have, (A) either in India, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores; or 4[(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifte en hundred crores in India; or ] (ii) the group, to which enterprise whose control has been acquired, or is being acquired, would belong after the acquisition, jointly have or would jointly have, (A) either in India, the assets of the value of more than ru pees four thousand crores or turnover more than rupees twelve thousand crores ; or 5[(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, including at least rupees fifteen hundred crores in India; or ] 1. Ins. by Act 39 of 2007, s. 3 (w.e.f. 20 -5-2009). 2. Subs. by s. 4, ibid., for Item ( B) (w.e.f. 1 -6-2011). 3. Subs. by s. 4, ibid., for Item ( B) (w.e.f. 1 -6-2011). 4. Subs. by s. 4, ibid., for Item ( B) (w.e.f. 1 -6-2011). 5. Subs. by s. 4, ibid., for Item ( B) (w.e.f. 1 -6-2011). 11 (c) any merger or amalgamation in which (i) the enterprise remaining after merger or the enterprise created as a result of the amalgamation, as the c ase may be, have, (A) either in India, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores; or 1[(B) in India or outside India, in aggregate, the assets of the value of more than five hundred million US dollars, including at least rupees five hundred crores in India, or turnover more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores in India; or ] (ii) the group, to which the enterprise remaining after the merger or the enterprise created as a result of the amalgamation, would belong after the merger or the amalgamation, as the case may be, have or would have, (A) either in India, the assets of the value of more than rupees four -thousand crores or turnover more than rupees twelve thousand crores; or 2[(B) in India or outside India, in aggregate, the assets of the value of more than two billion US dollars, including at least rupees five hundred crores in India, or turnover more than six billion US dollars, i ncluding at least rupees fifteen hundred crores in India. ] Explanation .For the purposes of this section, (a) control includes controlling the affairs or management by (i) one or more enterprises, either jointly or singly, over another enterprise or group; (ii) one or more groups, either jointly or singly, over another group or enterprise; (b) group means two or more enterprises which, directly or indirectly, are in a position to (i) exercise twenty -six per cent . or more of the voting rights in the other enterprise; or (ii) appoint more than
(i) exercise twenty -six per cent . or more of the voting rights in the other enterprise; or (ii) appoint more than fifty per cent . of the members of the board of directors in the other enterprise; or (iii) control the management or affairs of the other enterprise; (c) the value of assets shall be determined by taking the book value of the assets as shown, in the audited books of account of the enterprise, in the financial year immediately preceding the financial year in which the date of proposed merger falls, as reduced by any depreciation, and the value of assets shall i nclude the brand value, value of goodwill, or value of copyright, patent, permitted use, collective mark, registered proprietor, registered trade mark, registered user, homonymous geographical indication, geographical indications, design or layout -design or similar other commercial rights, if any, referred to in sub -section ( 5) of section 3. 6. Regulation of combinations .(1) No person or enterprise shall enter into a combination which causes or is likely to cause an appreciable adverse effect on competiti on within the relevant market in India and such a combination shall be void. (2) Subject to the provisions contained in sub -section ( 1), any person or enterprise, who or which proposes to enter into a combination, 3[shall ] give notice to the Commission, in the form as may be specified, and the fee which may be determined, by regulations, disclosing the details of the proposed combination, within 4[thirty days ] of (a) approval of the proposal relating to merger or amalgamation, referred to in clause ( c) of section 5, by the board of directors of the enterprises concerned with such merger or amalgamation, as the case may be; 1. Subs. by Act 39 of 2007, s. 4, for Item ( B) (w.e.f. 1 -6-2011). 2. Subs. by s. 4, ibid., for Item ( B) (w.e.f. 1 -6-2011). 3. Subs. by s. 5, ibid., for may, at his or its option, (w.e.f. 1-6-20211). 4. Subs. by s. 5, ibid., for seven days (w.e.f. 1 -6-2011). 12 (b) execution of any agreement or other document for acquisition referred to in clause ( a) of section 5 or acquiring of control referred to in clause (b) of that section. 1[(2A) No combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the Commission under sub -section (2) or the Commission has passed orders under sec tion 31, whichever is earlier.] (3) The Commission shall, after receipt of notice under sub -section ( 2), deal with such notice in accordance with the provisions contained in sections 29, 30 and 31. (4) The provisions of this section shall not apply to share subscription or financing facility or any acquisition, by a public financial institution, foreign institutional investor, bank or venture capital fund, pursuant to any covenant of a loan agreement or investment agreement. (5) The public financial ins titution, foreign institutional investor, bank or venture capital fund, referred to in sub -section ( 4), shall, within seven days from the date of the acquisition, file, in the form as may be specified by regulations, with the Commission the details of the acquisition including the details of control, the circumstances for exercise of such control and the consequences of default arising out of such loan agreement or investment agreement, as the case may be. Explanation .For the purposes of this section, the expression (a) foreign institutional investor has the same meaning as assigned to it in clause ( a) of the Explanation to section 115AD of the Income -tax Act, 1961(43 of 1961); (b) venture capital fund has the same meaning as assigned to it in clause (b) of the Explanation to clause ( 23 FB ) of section 10 of the Income -tax Act, 1961(43 of 1961) . CHAPTER III COMPETITION COMMISSION OF INDIA 7. Establishment of Commission .(1) With effect from such date2 as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called the Competition Commission of India. (2) The Commission shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. (3) The head office of the Commission shall be at such place * as the Central Government may decide from time to time. (4) The Commission may establish offices at other places in India. 3[8. Composition of Commission .(1) The Commission shall consist of a Chairperson and not less than two and not more than six other Members to be appointed by the Central Government. (2) The Chairperson and every other Member shall be a person of ability, integrity and standing and who has special knowledge of, and such professional experience of not less than fifteen years in, international trade, economics, business, commerce, law, finance, accountancy, management, industry 4[technology ,] public affairs or competition matters, including competition law and policy, which in the opinion of the Central Government, may be useful to the Commission. (3) The Chairperson and other Members shall be whole -time Members.] 5[9. Selection Committee for Chairperson and Members of Commission. (1) The Chairperson and other Members of the Commission shall be appointed by the Central Government from a panel of names recommended by a Se lection Committee consisting of 1. Ins. by Act 39 of 2007, s. 5 (w.e.f. 1 -6-2011). 2. 14th October, 2003, vide Notification No. S.O. 1198(E), dated 14th October, 2003. * New Delhi, vide Notification NO. S.O. 1198(E), dated 14th October, 2003. 3. Subs. by Act 39 of 2007, s. 6, for section 8 (w.e.f. 12 -10-2007). 4. Ins. by Act 9 of 2023, s. 9 (w.e.f. 18 -5-2023). 5. Subs. by Act 39 of 2007, s. 7, for section 9 (w.e.f. 12 -10-2007). 13 (a) the Chief Justice of India or his nominee .. Chairperson; (b) the Secretary in the Ministry of Corporate Affairs Member; (c) the Secretary in th e Ministry of Law and Justice. Member; (d) two experts of repute who have special knowledge of, and professional experience in international trade, economics, business, commerce, law, finance, accountancy, management, industry , 1[technology ,] public affairs or competition matters including competition law and policy . Members. (2) The term of the Selection Committee and the manner of selection of panel of names shall be such as may be prescribed.] 10. Term of office of Chairperson and other Members .(1) The Chairperson and every other Member shall hold office as such for a term of five years from the date on which he enters upon his office and shall be eligible for re -appointment: 2[Provided that the Chairperson or other Members shall not hold office as such after he has attained the age of sixty -five y ears.] (2) A vacancy caused by the resignation or removal of the Chairperson or any other Member under section 11 or by death or otherwise shall be filled by fresh appointment in accordance with the provisions of sections 8 and 9. (3) The Chairperson and e very other Member shall, before entering upon his office, make and subscribe to an oath of office and of secrecy in such form, manner and before such authority, as may be prescribed. (4) In the event of the occurrence of a vacancy in the office of the Chai rperson by reason of his death, resignation or otherwise, the senior -most Member shall act as the Chairperson, until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office. (5) When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior -most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes the charge of his functions. 11. Resignation, removal and suspension of Chairperson and other Members .(1) The Chairperson or any other Member may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or a Member sh all, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2) Notwithstanding anything contained in sub -section ( 1), the Central Government may, by order, remove the Chairperson or any other Member from his office if such Chairperson or Member, as the case may be, (a) is, or at any time has been, adjudged as an insolvent; or (b) has engaged at any time, during his term of office, in any paid employment; or (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or 1. Ins. b y Act 9 of 2023, s. 10 (w.e.f. 18 -5-2023). 2. Subs. by Act 39 of 2007, s. 8, for the proviso (w.e.f. 12 -10-2007). 14 (f) has become physically or mentally incapable of acting as a Member. (3) Notwithstanding anything contained in sub -section ( 2), no Member shall be removed from his office on the ground specified in clause ( d) or clause ( e) of that sub -section unless the Supreme Court, on a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the Supreme Court , reported that the Member, ought on such ground or grounds to be removed. 1[12. Restriction on employment of Chairperson and other Members .(1) The Chairperson and other Members shall, for a period of two years from the date on which they cease to hold office, not accept any employment in or advise as a consultant, retainer or in any other capacity whatsoever, or be connected with the management or administration of -- (a) any enterprise which is or has been a party to a proceeding before the Commission u nder this Act; or (b) any person who appears or has appeared before the Commission under section 35. (2) Notwithstanding anything contained in section 35, the Chairperson or any other Member after retirement or otherwise ceasing to be in service for any re ason shall not represent for any person or enterprise before the Commission: Provided that nothing contained in this section shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority o r any corporation established by or under any Central, State or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).] 2[13. Admin istrative powers of Chairperson .The Chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Commission: Provided that the Chairperson may delegate such of his powers relating to administrative matters of the Commission, as he may think fit , to any other Member or officer of the Commission.] 14. Salary and allowances and other terms and conditions of service of Chairperson and other Members .(1) The salary, and the other terms and conditions of service, of the Chairperson and other Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities shall be such as may be prescribed. (2) The salary, allowances and other terms and conditions of service of the Chairperson or a Membe r shall not be varied to his disadvantage after appointment. 15. Vacancy, etc. , not to invalidate proceedings of Commission .No act or proceeding of the Commission shall be invalid merely by reason of (a) any vacancy in, or any defect in the constitution of, the Commission; or (b) any defect in the appointment of a person acting as a Chairperson or as a Member; or (c) any irregularity in the procedure of the Commission not affecting the merits of the case. 16. Appointment of Director General, etc. 3[(1) The 4[Commission may, with the prior approval of the Central Government ], appoint a Director General for the purposes of assisting the Commission in conducting inquiry into contravention of any of the provisions of this Act and for performing such other functions as are, or may be, provided by or under this Act. (1A) The number of other Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner of appointment of such Additi onal, Joint, Deputy or Assistant Directors General or such officers or other employees shall be such as may be prescribed. ] 1. Subs. by Act 9 of 2023, s. 11, for section 12 (w.e.f. 18 -5-2023). 2. Subs. by Act 39 of 2007, s. 10, for section 13 (w.e.f. 20 -5-2009). 3. Subs. by s. 11, ibid., for sub -section ( 1) (w.e.f. 12 -10-2007). 4. Subs. by Act 9 of 2023, s. 12, for Central Government may, by notification (w.e.f.
9 of 2023, s. 12, for Central Government may, by notification (w.e.f. 18 -7-2023). 15 (2) Every Additional, Joint, Deputy and Assistant Directors General or 1[such officers or other employees,] shall exercise his power s, and discharge his functions, subject to the general control, supervision and direction of the Director General. (3) The salary, allowances and other terms and conditions of service of the Director General and Additional, Joint, Deputy and Assistant Dire ctors General or, 2[such officers or other employees,] shall be such as may be prescribed. (4) The Director General and Additional, Joint, Deputy and Assistant Directors General or 3[such officers or other employees,] shall be appointed from amongst persons of integrity and outstanding ability and who have experience in investigation, and knowledge of accountancy, management, business, public administration, international trade, law or economics and such other qualifications as may be prescribed. 3[17. Appointment of Secretary, experts, professionals and officers and other employees of Commission .(1) The Commission may appoint a Secretary and such officers and other employees as it considers necessary for the efficient performance of its functions under this Act. (2) The salaries and allowances payable to , and other terms and conditions of service of , the Secretary and officers and other employees of the Commission and the number of such officers and other employees shall be such as may be prescribe d. (3) The Commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such o ther disciplines related to competition, as it deems necessary to assist the Commission in the discharge of its functions under this Act.] CHAPTER IV DUTIES, POWERS AND FUNCTIONS OF COMMISSION 4[18. Duties and functions of Commission. Subject to the provisions of this Act, it shall be the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other particip ants, in markets in India: Provided that the Commission may, for the purpose of discharging its duties or performing its functions under this Act, enter into any memorandum or arrangement with the prior approval of the Central Government, with any agency o f any foreign country: Provided further that, the Commission may, for the purpose of discharging its duties or performing its functions under this Act, enter into any memorandum or arrangement with any statutory authority or department of Government.] 19. Inquiry into certain agreements and dominant position of enterprise .(1) The Commission may inquire into any alleged contravention of the provisions contained in sub -section ( 1) of section 3 or sub-section ( 1) of section 4 either on its own motion or on (a) 5[receipt of any information, in such manner and] accompanied by such fee as may be determined by regulations, from any person, consumer or their association or trade association; or (b) a reference made to it by the Central Government or a State Govern ment or a statutory authority. 6[Provided that the Commission shall not entertain an information or a reference unless it is filed within three years from the date on which the cause of action has arisen: 1. Subs. by Act 39 of 2007, s. 11, for such other advisers, consultants and officers, (w.e.f. 12 -10-2007). 2. Subs. by s. 11, ibid., for such other advisers, consultants or officers, (w.e.f. 12 -10-2007). 3. Subs. by s. 12, ibid., for section 17 (w.e.f. 12 -10-2007). 4. Subs. by Act 9 of 2023, s. 13, for section 18 (w.e.f. 18 -5-2023). 5. Su bs. by Act 39 of 2007, s. 13, for receipt of a complaint (w.e.f. 20 -5-2009). 6. Ins. by Act 9 of 2023, s. 14 (w.e.f. 18 -5-2023). 16 Provided further that an information or a reference may be entertained after the period specified in the first proviso if the Commission is satisfied that there had been sufficient cause for not filing the information or the reference within such period af ter recording its reasons for condoning such delay.] (2) Without prejudice to the provisions contained in sub -section ( 1), the powers and functions of the Commission shall include the powers and functions specified in sub -sections ( 3) to ( 7). (3) The Commission shall, while determining whether an agreement has an appreciable adverse effect on competition under section 3, have due regard to all or any of the following factors, namely: (a) creation of barriers to new entrants in the market; (b) driving existing competitors out of the market; (c) foreclosure of competition 1*; (d) 2[benefits or harm] to consumers; (e) improvements in production or distribution of goods or provision of services; (f) promotion of technical, scientific and economic develop ment by means of production or distribution of goods or provision of services. (4) The Commission shall, while inquiring whether an enterprise enjoys a dominant position or not under section 4, have due regard to all or any of the following factors, namely: (a) market share of the enterprise; (b) size and resources of the enterprise; (c) size and importance of the competitors; (d) economic power of the enterprise including commercial advantages over competitors; (e) vertical integration of the enterp rises or sale or service network of such enterprises; (f) dependence of consumers on the enterprise; (g) monopoly or dominant position whether acquired as a result of any statute or by virtue of being a Government company or a public sector undertaking or otherwise; (h) entry barriers including barriers such as regulatory barriers, financial risk, high capital cost of entry, marketing entry barriers, technical entry barriers, economies of scale, high cost of substitutable goods or service for consumers; (i) countervailing buying power; (j) market structure and size of market; (k) social obligations and social costs; (l) relative advantage, by way of the contribution to the economic development, by the enterprise enjoying a dominant position having or likely to have an appreciable adverse effect on competition; (m) any other factor which the Commission may consider relevant for the inquiry. (5) For determining whether a market constitutes a relevant market for the purposes of this Act, the Commission shall h ave due regard to the relevant geographic market and relevant product market. (6) The Commission shall, while determining the relevant geographic market, have due regard to all or any of the following factors, namely: (a) regulatory trade barriers; (b) local specification requirements; (c) national procurement policies; 1. The words by hindering entry into the market omitted by Act 9 of 2023, s. 14 (w.e.f. 18 -5-2023). 2. Subs. by s. 14, ibid., for accrual of benefits (w.e.f. 18 -5-2023). 17 (d) adequate distribution facilities; (e) transport costs; (f) language; (g) consumer preferences; (h) need for secure or regular supplies or rapid after -sales services. 1[(i) characteristics of goods or nature of services; (j) costs associated with switching supply or demand to other areas.] (7) The Commission shall, while determining the relevant product market, have due regard to all or any of the following factors, namely: (a) physical characteristics or end -use of goods 1[or the nature of services ]; (b) price of goods or service ; (c) consumer preferences; (d) exclusion of in -house production; (e) existence of specialised producers; (f) classification of industrial products. 1[(g) costs associated with switching demand or supply to other goods or services; (h) categories of customers.] 20. Inquiry into combination by Commission .(1) The Commission may, upon its own knowledge or information relating to acquisition referred to in clause ( a) of section 5 or acquiring of control referred to in clause ( b) of section 5 or merger or amalgamation referred to in 2[clause ( c) of that section 5 or acquisition of any control, shares, voting right or assets of an enterprise, me rger or amalgamation referred to in clause ( d) of that section ], inquire into whether such a combination has caused or is likely to cause an appreciable adverse effect on competition in India: Provided that the Commission shall not initiate any inquiry und er this sub-section after the expiry of one year from the date on which such combination has taken effect. (2) The Commission shall, on receipt of a notice under sub -section ( 2) of section 6 3*, inquire whether a combination referred to in that notice or reference has caused or is likely to cause an appreciable adverse effect on competition in India. (3) Notwithstanding anything contained in section 5, the Central Government shall, on the expiry of a period of two years from the date of commencement of th is Act and thereafter every two years, in consultation with the Commission, 4[enhance or reduce by notification, or keep at the same level, on the basis of the wholesale price index or fluctuations in exchange rate of rupee or foreign currencies, or such factors that in its opinion are relevant in this matter, the value of assets or the value of turnover or value of transaction ], for the purposes of that section. (4) For the purposes of determining whether a combination would have the effect of or is likel y to have an appreciable adverse effect on competition in the relevant market, the Commission shall have due regard to all or any of the following factors, namely: (a) actual and potential level of competition through imports in the market ; (b) extent of barriers to entry into the market; 1. Ins. by Act 9 of 2023, s. 14 (w.e.f. 18 -5-2023). 2. Subs. by s. 15, ibid., for clause ( c) of that section (w.e.f. 18 -5-2023). 3. The words, brackets and figures in brackets "or upon receipt of a reference under sub section ( 1) of section 21 "omitted by Act 39 of 2007, s. 14 (w.e.f. 1 -6-2011). 4. Subs. by Act 9 of 2023, s. 15, for certain words (w.e.f. 18 -5-2023). 18 (c) level of 1[concentration ] in the market; (d) degree of countervailing power in the market; (e) likelihood that the combination would result in the parties to the combination being able to significantly and sustainably increase prices or profit margins; (f) extent of effective competition likely to sustain in a market; (g) extent to which substitutes are available or arc likely to be available in the market; (h) market share, in the relevant market, of the persons or enterprise in a combination, individually and as a combination; (i) likelihood that the combination would result in the removal of a vigorous and effective competitor or competitors in the market; (j) nature and extent of vertical integration in the market ; (k) possibility of a failing business; (l) nature and extent of innovation; (m) relative advantage, by way of the contribution to the economic development, by any combination having or likely to have appreciable adverse effect on competition; (n) whether the benefits of the combination outweigh the adverse impact of the combination, if any. 21. Reference by statutory authority .(1) Where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority has taken or proposes to take , is or would be, contrary to any of the provisions of this Act, then such statutory authority may make a reference in respect of such issue to the Commission: 2[Provided that any statutory authority, m ay, suo motu , make a reference to the Commission on any issue that involves any provision of this Act or is related to promoting the objectives of this Act, as the case may be .] 3[(2) On receipt of a reference under sub -section ( 1), the Commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the Commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion.] 4[21A. Reference by Commission .(1) Where in the course of a proceeding before the Commission an issue is raised by any party that any decision which, the Commission has taken during such proceeding or proposes to take, is or would be contrary to any provisi on of 5[an Act] whose implementation is entrusted to a statutory authority, then the Commission may make a reference in respect of such issue to the statutory authority: 6[Provided that the Commission, may, suo motu , make a reference to a statutory authority on any issue that involves provisions of an Act whose implementation is entrusted to that statutory authority .] (2) On receipt of a reference under sub -section ( 1), the statutory authority shall give its opinion, within sixty days of receipt of s uch reference, to the Commission which shall consider the opinion of the statutory authority, and thereafter give its f indings recording reasons there for on the issues referred to in the said opinion.] 1. Subs. by Act 9 of 2023, s. 16, for combination (w.e.f. 18 -5-2023). 2. Subs. by s. 16, ibid., for the Proviso (w.e.f. 18 -5-2023). 2. Subs. by Act 39 of 2007, s. 15, for sub -section ( 2) (w.e.f. 20 -5-2009). 3. Ins. by s. 16, ibid., (w.e.f. 20 -5-2009). 5. Subs. by Act 9 of 2023, s. 17, for this Act (w.e.f. 18 -
. by Act 9 of 2023, s. 17, for this Act (w.e.f. 18 -5-2023). 6. Su bs. by s. 17, ibid., for the Proviso (w.e.f. 18 -5-2023). 19 1[22. Meetings of Commission .(1) The Commission shall meet at such times and such places, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. (2) The Chairperson, if for any reason, is unable to attend a meeting of the Com mission, the senior - most Member present at the meeting, shall preside at the meeting. (3) All questions which come up before any meeting of the Commission shall be decided by a majority of the Members present and voting, 2**: Provided that the quorum for such meeting shall be three Members.] 23. [Distribution of business of Commission amongst Benches .] Omitted by the Competition (Amendment ) Act, 2007 (39 of 2007) , s. 18 ( w.e.f. 12-10-2007) ]. 24. [Procedure for deciding a case where Members of a Bench differ .] Omitted by s. 18, ibid. (w.e.f. 12-10-2007) ]. 25. [Jurisdiction of Bench .] Omitted by s. 18, ibid. (w.e.f. 12-10-2007) ]. 3[26. Procedure for inquiry under section 19 .(1) On receipt of a reference from the Central Government or a State Government or a statutory authority or on its own knowledge or information received under section 19, if the Commission is of the opinion that there exists a prima facie case, it shall direct the Director General to cause an investigation to be made into t he matter: Provided that if the subject matter of an information received is, in the opinion of the Commission, substantially the same as or has been covered by any previous information received, then the new information may be clubbed with the previous information. (2) Where on receipt of a reference from the Central Government or a State Government or a statutory authority or information received under section 19, the Commission is of the opinion that there exists no prima facie case, it shall close the matter forthwith and pass such orders as it deems fit and send a copy of its order to the Central Government or the State Government or the statutory authority or the parties concerned, as the case may be. 4[(2A) The Commission may not inquire into agreem ent referred to in section 3 or conduct of an enterprise or group under section 4, if the same or substantially the same facts and issues raised in the information received under section 19 or reference from the Central Government or a State Government or a statutory authority has already been decided by the Commission in its previous order.] (3) The Director General shall, on receipt of direction under sub -section ( 1), submit a report on his findings within such period as may be specified by the Commission. 4[(3A) If, after consideration of the report of the Director General referred to in sub -section ( 3), the Commission is of the opinion that further investigation is required, it may direct the Director General to investigate further into the mat ter. (3B) The Director General shall, on receipt of direction under sub -section (3A), investigate the matter and submit a supplementary report on his findings within such period as may be specified by the Commission.] (4) The Commission may forward a copy of the report referred to in 5[sub-section (3) and ( 3B)] to the parties concerned: Provided that in case the investigation is caused to be made based on reference received from the Central Government or the State Government or the statutory authority, the Commission shall forward a copy of the report referred to in 5[sub-section ( 3) and ( 3B)] to the Central Government or the State Government or the statutory authority, as the case may be. 1. Subs. by Act 39 of 2007, s. 17, for section 22 (w.e.f. 12 -10-2007). 2. The words and in the even of equality of votes, the Chairperson or in his absence, the Member presiding, shall have second o r casting vote omitted by Act 9 of 2023, s. 18 (w.e.f. 18 -5-2023). 3. Subs. by Act 39 of 2007, s. 19, for section 26 (w.e.f. 20 -5-2009). 4. Ins. by Act 9 of 2023, s. 19 (w.e.f. 18 -5-2023). 5. Subs. by s. 19, ibid., for sub -section ( 3) (w.e.f. 18-5-2023). 20 (5) If the report of the Director General referred to in 1[sub-section ( 3) and ( 3B)] recommends that there is no contravention of the provisions of this Act, the Commission shall invite objections or suggestions from the Central Government or the State Government or the statutory authority or the parties concerned , as the case may be, on such report of the Director General. (6) If, after consideration of the objections or suggestions referred to in sub-section ( 5), if any, the Commission agrees with the recommendation of the Director General, it shall close the mat ter forthwith and pass such orders as it deems fit and communicate its order to the Central Government or the State Government or the statutory authority or the parties concerned, as the case may be. (7) If, after consideration of the objections or suggestions referred to in sub -section ( 5), if any, the Commission is of the opinion that further investigation is called for, it may direct further investigation in the matter by the Director General or cause further inquiry to be made in the matter or itself proceed with further inquiry in the matter in accordance with the provisions of this Act. (8) If the report of the Director General referred to in 1[sub-section ( 3) and ( 3B)] recommends that there is contravention of any of the provisions of this Ac t, and the Commission is of the opinion that further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of this Act.] 27. Orders by Commission after inquiry into agreements or abuse of dominant position . Where after inquiry the Commission finds that any agreement referred to in section 3 or action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely: (a) direct any enterprise or association of enterprises or person or association of persons, as the case may be, involved in such agreement, or abuse of dominant position, to discontinue and not to re-enter such agreement or discontinue such abuse o f dominant position, as the case may be; (b) impose such penalty, as it may deem fit which shall be not more than ten per cent. of the average of the turnover for the last three preceding financial years, upon each of such person or enterprises which are p arties to such agreements or abuse: 2[Provided that in case any agreement referred to in section 3 has been entered into by a cartel, the Commission may impose upon each producer, seller, distributor, trader or service provider included in that cartel, a p enalty of up to three times of its profit for each year of the continuance of such agreement or ten per cent. of its turnover for each year of the continuance of such agreement, whichever is higher.] 3 * * * * (d) direct that the agreements shall stand modified to the extent and in the manner as may be specified in the order by the Commission; (e) direct the enterprises concerned to abide by such other orders as the Commission may pass and comply with the directions, including payment of costs, if any; 4* * * * * (g) pass such other 5[order or issue such directions] as it may deem fit: 6[Provided that while passing orders under this section, if the Commission comes to a finding, that an enterprise in contravention to section 3 or section 4 of the Act is a member of a group as defined in clause (b) of the Explanation to section 5 of the Act, and other members of such a group are also responsible for, or have contributed to, such a contravention, then it may pass orders, under this section, agai nst such members of the group.] 1. Subs. by Act 9 of 2023, s. 19, for sub -section ( 3) (w.e.f. 18 -5-2023). 2. Subs. by Act 39 of 2007, s. 20, for the proviso (w.e.f. 20 -5-2009). 3. Cl. ( c) omitted by s. 20, ibid. (w.e.f. 20 -5-2009) 4. Cl. ( f) omitted by s. 20, ibid. (w.e.f. 20-5-2009). 5. Subs. by s. 20, ibid., for order (w.e.f. 20 -5-2009). 6. The Proviso inserted by s. 20, ibid. (w.e.f. 20 -5-2009). 21 28. Division of enterprise enjoying dominant position .(1) The 1[Commission] may, notwithstanding anything contained in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant position. (2) In particular, and without prejudice to the generality of the foregoing powers, the order referred to in sub -section ( 1) may provide for all or any of the f ollowing matters, namely: (a) the transfer or vesting of property, rights, liabilities or obligations; (b) the adjustment of contracts either by discharge or reduction of any liability or obligation or otherwise; (c) the creation, allotment, surrender or cancellation of any shares, stocks or securities; 2* * * * * (e) the formation or winding up of an enterprise or the amendment of the memorandum of association or articles of association or any other instruments regulating the business of any enterprise; (f) the extent to which, and the circumstances in which, provisions of the order affecting an enterprise may be altered by the enterprise and the registration thereof; (g) any other matter which may be necessary to give effect to the division o f the enterprise. (3) Notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the divisi on of an enterprise shall not be entitled to claim any compensation for such cesser. 29. Procedure for investigation of combination s.(1) Where the Commission is of the 3[prima facie ] opinion that a combination is likely to cause, or has caused an appreciable adverse effect on competition within the relevant market in India, it shall issue a notice to show cause to the parties to combination calling upon them to respond within thirty days of the receipt of the notice, as to why investigation in resp ect of such combination should not be conducted. 4[(1A) After receipt of the response of the parties to the combination under sub-section ( 1), the Commission may call for a report from the Director General and such report shall be submitted by the Directo r General within such time as the Commission may direct.] (2) The Commission, if it is prima facie of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition, it shall, within seven working days from the date of receipt of the response of the parties to the combination, 5[or the receipt of the report from Director General called under sub section ( 1A), whichever is later] , direct the parties to the said combination to publish details of the combination wit hin ten working days of such direction, in such manner, as it thinks appropriate, for bringing the combination to the knowledge or information of the public and persons affected or likely to be affected by such combination. (3) The Commission may invite an y person or member of the public, affected or likely to be affected by the said combination, to file his written objections, if any, before the Commission within fifteen working days from the date on which the details of the combination were published unde r sub -section ( 2). 1. Subs. by Act 39 of 2007, s. 21, for Central Government, on recommendation under clause ( f) of section 27 (w.e.f. 20 -5-2009). 2. Cl. ( d) omitted by s. 21 , ibid . (w.e.f. 20 -5-2009). 3. Ins.by s. 22, ibid., (w.e.f. 20 -5-2009). 4. Subs. by s. 22, ibid., for Sub -section ( 1A) (w.e.f. 20 -5-2009). 5. Ins. by s. 22, ibid. (w.e.f. 20 -5-2009). 22 (4) The Commission may, within fifteen working days from the expiry of the period specified in sub-section ( 3), call for such additional or other information as it may deem fit from the parties to the said combination. (5) The additional or other information called for by the Commission shall be furnished by the parties referred to in sub -section ( 4) within fifteen days from the expiry of the period specified in sub - section ( 4). (6) After receipt of all information and within a period of forty -five working days from the expiry of the period specified in sub -section ( 5), the Commission shall proceed to deal with the case in accordance with the provisions contained in section 31. 1[30. Procedure in case of notice under sub -section (2) of section 6. Where any person or enterprise has given a notice under sub -section ( 2) of section 6, the Commission shall examine such notice and form its prima facie opinion as provided in sub -section ( 1) of section 29 and proceed as per provisions contained in that section .] 31. Orders of Commission on certain combinations .(1)
9 and proceed as per provisions contained in that section .] 31. Orders of Commission on certain combinations .(1) Where the Commission is of the opinion that any combination does not, or is not likely to, have an appreciable adverse effect on competition, it shall, by order, approve that combination including the combination in respect of which a notice has been given under sub -section ( 2) of section 6. (2) Where the Commission is of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition, it shall direct that the combination shall not take effect. (3) Where the Commission is of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition but such adverse effect can be eliminated by suitable modifi cation to such combination, it may propose appropriate modification to the combination, to the parties to such combination. (4) The parties, who accept the modification proposed by the Commission under sub -section ( 3), shall carry out such modification wit hin the period specified by the Commission. (5) If the parties to the combination, who have accepted the modification under sub -section ( 4), fail to carry out the modification within the period specified by the Commission, such combination shall be deemed to have an appreciable adverse effect on competition and the Commission shall deal with such combination in accordance with the provisions of this Act. (6) If the parties to the combination do not accept the modification proposed by the Commission under su b-section ( 3), such parties may, within thirty working days of the modification proposed by the Commission, submit amendment to the modification proposed by the Commission under that sub-section. (7) If the Commission agrees with the amendment submitted by the parties under sub -section ( 6), it shall, by order, approve the combination. (8) If the Commission does not accept the amendment submitted under sub section ( 6), then, the parties shall be allowed a further period of thirty workin g days within which such parties shall accept the modification proposed by the Commission under sub -section ( 3). (9) If the parties fail to accept the modification proposed by the Commission within thirty working days referred to in sub -section ( 6) or with in a further period of thirty working days referred to in sub-section ( 8), the combination shall be deemed to have an appreciable adverse effect on competition and be dealt with in accordance with the provisions of this Act. (10) Where the Co mmission has directed under sub -section ( 2) that the combination shall not take effect or the combination is deemed to have an appreciable adverse effect on competition under sub-section ( 9), then, without prejudice to any penalty which may be imposed or any prosecution which may be initiated under this Act, the Commission may order that (a) the acquisition referred to in clause ( a) of section 5; or 1. Subs. by Act 39 of 20 07, s. 23, for section 30 (w.e.f. 1 -6-2011). 23 (b) the acquiring of control referred to in clause ( b) of section 5; or (c) the merger or amalgamation referred to in clause ( c) of section 5, shall not be given effect to: Provided that the Commission may, if it considers appropriate, frame a scheme to implement its order under this sub -section. (11) If the Commission does not, on the expiry of a period of 1[two hundred and ten days from the date of notice given to the Commission under sub -section ( 2) of section 6 ], pass an order or issue direction in accordance with the provisions of sub -section ( 1) or sub -section ( 2) or sub -section ( 7), the combination shall be deemed to have been approved by the Commission. Explanation .For the purposes of determining the period of 2[two hundred and ten ] days specified in this sub -section, the period of thirty working days specified in sub -section ( 6) and a further period of thirty working days specified in sub - section ( 8) shall be excluded. (12) Where any extension of time is sought by the parties to the combination, the period of ninety working days shall be reckoned after deducting the extended time grant ed at the request of the parties. (13) Where the Commission has ordered a combination to be void, the acquis ition or acquiring of control or merger or amalgamation referred to in section 5, shall be dealt with by the authorities under any other law for the time being in force as if such acquisition or acquiring of control or merger or amalgamation had not taken place and the parties to the combination shall be dealt with accordingly. (14) Nothing contained in this Chapter shall affect any proceeding initiat ed or which may be initiated under any other law for the time being in force. 32. Acts taking place outside India but having an effect on competition in India .The Commission shall, notwithstanding that, (a) an agreement referred to in section 3 has been entered into outside India; or (b) any party to such agreement is outside India; or (c) any enterprise abusing the dominant position is outside India; or (d) a combination has taken place outside India; or (e) any party to combination is outside India; or (f) any other matter or practice or action arising out of such agreement or dominant position or combination is outside India, have power to inquire 3[in accordance with the provisions contained in sections 19, 20, 26, 29 and 30 of the Act] into such agreement or abuse of dominant position or combination if such agreement or dominant position or combination has, or is likely to have, an appreciable adverse effect on competition in the relevant market in India 1[and pass such orders as it may deem fit i n accordance with the provisions of this Act ]. 4[33. Power to issue interim orders .Where during an inquiry, the Commission is satisfied that an act in contravention of sub -section ( 1) of section 3 or sub -section ( 1) of section 4 or section 6 has been comm itted and continues to be committed or that such act is about to be committed, the Commission may, by order, temporarily restrain any party from carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to such party, where it deems it necessary.] 34. [Power to award compensation .] Omitted by the Competition (Amendment ) Act, 2007 (39 of 2007 ) s. 27 (w.e.f. 12-10-2007). 1. Subs. by Act 39 of 2007, s. 24, ninety working days from the date of publication referred to in sub -section ( 2) of section 29 (w.e.f. 1 -6-2011). 2. Subs. by s. 24, ibid., for ninety working . (w.e.f. 1-6-2011). 3. Ins. by Act 39 of 2007, s. 25 (w.e.f. 20 -5-2009). 4. Subs. by s. 26, ibid., for section 33 (w.e.f. 20 -5-2009). 24 35. Appearance before Commission .1[1] 2[A party ] or the Director General may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of his or its officers to present his or its case before the Commission. Explanation .For the purposes of this section, (a) chartered accountant means a chartered accountant as defined in clause ( b) of sub-section ( 1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub-section ( 1) of section 6 of that Act; (b) company secretary means a company secretary as defined in clause ( c) of sub-section ( 1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of practice under sub -section ( 1) of section 6 of that Act; (c) cost accountant means a cost accountant as defined in clause ( b) of sub -section ( 1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who has obtained a certificate of practice under sub - section (1) of section 6 of that Act; (d) legal practitioner means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice. 3[(2) Without prejudice to sub -section ( 1), a party may call upon experts from the fields of economics, commerce, international trade or from any other discipline to provide an expert opinion in connection with any matter related to a case.] 4[36. Power of Commission to regulate its own procedure .(1) In the discharge of its functions, the Commission shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Commission shall have the powers to regulate its own procedure. (2) The Commission shall h ave, for the purposes of discharging its functions under this Act, the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely: (a) summoning and enfo rcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses or documents; (e) requisitioning, subject t o the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public record or document or copy of such record or document from any office. (3) The Commission may call upon such experts, from the fields of economics, commerce, accountancy, international trade or from any other discipline as it deems necessary , to assist the Commission in the conduct of any inquiry by it. (4) The C ommission may direct any person (a) to produce before the Director General or the Secretary or an officer authoris ed by it, such books or other documents in the custody or under the control of such person so directed as may be specified or described in the direction, being documents relating to any trade, the examination of which may be required for th e purposes of this Act; (b) to furnish to the Director General or the Secretary or any other officer authoris ed by it, as respects the trade or such other information as may be in his possession in relation to the trade carried on by such person as may be required for the purposes of this Act.] 37. [Review of orders of Commiss ion.] Omitted by the Competition (Amendment ) Act, 2007 (39 of 2007), s. 30 ( w.e.f. 12-10-2007). 1. Section 35 shall be numbered as sub -section ( 1) thereof by Act 9 of 2023, s. 25 (w.e.f. 18 -5-2023). 2. Subs. by s. 25, ibid., for A person or an enterprise (w.e.f. 18 -5-2023). 3. Ins. by s. 25, ibid. (w.e.f. 18 -5-2023). 4. Subs. by Act 39 of 2007, s. 29, for section 36 (w.e.f. 12 -10-2007). 25 38. Rectification of orders .(1) With a view to rectifying any mistake apparent from the record, the Commission may amend any order passed by it under the provisions of this Act. (2) Subject to the other provisions of this Act, the Commission may make (a) an amendment under sub -section ( 1) of its own motion; (b) an amendment for rectifying any such mistake which has been brought to its notice by any party to the order. Explanation .For the removal of doubts, it is hereby declared that the Commission shall not, while rectifying any mistake apparent from record, amend substanti ve part of its order passed under the provisions of this Act. 1[39. Execution of orders of Commission imposing monetary penalt y.(1) If a person fails to pay any monetary penalty imposed on him under this Act, the Commission shall proceed to recover such penalty in such manner as may be specified by the regulations. (2) In a case where the Commission is of the opinion that it would be expedient to recover the penalty imposed under this Act in accordance with the provisions of the Income -tax Act, 1961 (43 o f 1961), it may make a reference to this effect to the concerned income -tax authority under that Act for recovery of the penalty as tax due under the said Act. (3) Where a reference has been made by the Commission under sub -section (2) for recovery of pena lty, the person upon whom the penalty has been imposed shall be deemed to be the assessee in default under the Income -tax Act, 1961 (43 of 1961) and the provisions contained in sections 221 to 227, 228A, 229, 231 and 232 of the said Act and the Second Sche dule to that Act and any rules made there under shall, in so far as may be, apply as if the said provisions were the provisions of this Act and referred to sums by way of penalty imposed under this Act instead of to income - tax and sums imposed by way of penalty, fine and interest under the Income tax Act, 1961 and to the Commission instead of the Assessing Officer. Explanation 1.Any reference to sub -section ( 2) or sub -section ( 6) of section 220 of the Income -tax Act, 1961 (43 of 1961), in the said provisions of that Act or the rules made thereunder shall be construed as references to sections 43 to 45 of this Act. Explanation 2 .The Tax Recovery Commissioner and the Tax Recovery Officer referred to in the Income -tax Act, 1961 (43 of 1961) shall be d eemed to be the Tax Recovery Commissioner and the Tax Recovery Officer for the purposes of recovery of sums imposed by way of penalty under this Act and reference made by the Commission under sub -section ( 2) would amount to drawing of a certificate by the Tax Recovery Officer as far
reference made by the Commission under sub -section ( 2) would amount to drawing of a certificate by the Tax Recovery Officer as far as demand relating to penalty under this Act. Explanation 3.Any reference to appeal in Chapter XVIID and the Second Schedule to the Income -tax Act, 1961 (43 of 1961), shall be construed as a reference to appeal before the Competition Appellate Tribunal under section 53B of this Act.] 40. [Appeal .] Omitted by the Competition (Amendment ) Act, 2007 (39 of 2007 ), s. 32 (w.e.f . 12-10-2007) CHAPTER V DUTIES OF DIRECTOR GENERAL 41. Director General to investigate contravention s.(1) The Director General shall, when so directed by the Commission, assist the Commission in investigating into any contravention of the provisions of this Act or any rules or regulations made thereunder. (2) The Director General shall have all the powers as are conferred upon the Commission under sub-section ( 2) of section 36. 2[(3) Without prejudice to sub -section ( 2), it shall be the duty of all officers, other employees and agents of a party whi ch are under investigation 1. Subs. by Act 39 of 2007, s. 31, for section 39 (w.e.f. 20 -5-2009). 2. Subs. by Act 9 o f 2023, s. 26, for sub -section ( 3) (w.e.f. 18 -5-2023). 26 (a) to preserve and to produce all information, books, papers, other documents and records of, or relating to, the party which are in their custody or power to the Director General or any person authorised by it in this behalf; and (b) to give all assistance in connection with the investigation to the Director General. (4) The Director General may require any person other than a party referred to in sub -section ( 3) to furnish such information or produce such books, papers, other documents or records before it or any person authorised by it in this behalf if furnishing of such information or the production of such books, papers, other documents or records is relevan t or necessary for the purposes of its investigation. (5) The Director General may keep in his custody any information, books, papers, other documents or records produced under sub -section ( 3) or sub -section ( 4) for a period of one hundred and eighty days and thereafter shall return the same to the person by whom or on whose behalf the information, books, papers, other documents or records were produced: Provided that the information, books, papers, other documents or records may be called for by the Direct or General if they are needed again for a further period of one hundred and eighty days by an order in writing: Provided further that the certified copies of the information, books, papers, other documents or records, as may be applicable, produced before the Director General may be provided to the party or person on whose behalf the information, books, papers, other documents or records are produced at their own cost. (6) The Director General may examine on oath (a) any of the officers and other employees and agents of the party being investigated; and (b) with the previous approval of the Commission, any other person, in relation to the affairs of the party being investigated and may administer an oath accordingly and for that purpose may require any of t hose persons to appear before it personally. (7) The examination under sub -section ( 6) shall be recorded in writing and shall be read over to or by, and signed by, the person examined and may thereafter be used in evidence against it. (8) Where in the cour se of investigation, the Director General has reasonable grounds to believe that information, books, papers, other documents or records of, or relating to, any party or person, may be destroyed, mutilated, altered, falsified or secreted, the Director Gener al may make an application to the Chief Metropolitan Magistrate, Delhi for an order for seizure of such information, books, papers, other documents or records. (9) The Director General may make requisition of the services of any police officer or any offic er of the Central Government to assist him for all or any of the purposes specified in sub -section ( 10) and it shall be the duty of every such officer to comply with such requisition. (10) The Chief Metropolitan Magistrate, Delhi may, after considering the application and hearing from the Director General, by order, authorise the Director General (a) to enter, with such assistance, as may be required, the place or places where such information, books, papers, other documents or records are kept; (b) to sea rch that place or places in the manner specified in the order; and (c) to seize information, books, papers, other documents or records as it considers necessary for the purpose of the investigation: Provided that certified copies of the seized information, books, papers, other documents or records, as the case may be, may be provided to the party or person from whose place or places such documents have been seized at its cost. (11) The Director General shall keep in his custody such information, books, pape rs, other documents or records seized under this section for such period not later than the conclusion of the investigation as it 27 considers necessary and thereafter shall return the same to the party or person from whose custody or power they were seized a nd inform the Chief Metropolitan Magistrate, of such return: Provided that the Director General may, before returning such information, books, papers, other documents or records take copies of, or extracts thereof or place identification marks on them or any part thereof. (12) Save as otherwise provided in this section, every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search or seizure mad e under that Code. ] 1[Explanation .For the purposes of this section, (a) "agent", in relation to any person, means any one acting or purporting to act for or on behalf of such person, and includes the bankers, and persons employed as auditors and legal advisors, by such person; (b) "officers", in relation to any company or body corporate, includes any trustee for the debenture holders of such company or body corporate; (c) any reference to officers and other employees or agents shall be construed as a re ference to past as well as present officers and other employees or agents, as the case may be. ] CHAPTER VI PENALTIES 2[42. Contravention of orders of Commission .(1) The Commission may cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under the Act. (2) If any person, without reasonable clause, fails to comply with the orders or directions of the Commission issued under 3[sections 6, 27, 28, 31, 32, 33, 42A, 43, 43A, 44 and 45 of the Act, he shall be liable to a penalty ] which may extend to rupees one lakh for each day during which such non-compliance occurs, subject to a maximum of rupees ten crore, as the Commission may determine. (3) If any person does not comply with the orders or directions issued, or fails to 4[pay the penalty imposed under sub -section ( 2)], he shall, without prejudice to any proceeding under section 39, be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to rupees twenty -five crore, or with both, as the Chief Metropolitan Magistrate, Delhi may deem fit: Provided that the Chief Metropolitan Magistrate, Delhi shall not take cognizance of any offence under this section save on a complaint filed by the Commission or any of its offi cers authoris ed by it.] 5[42A. Compensation in case of contra vention of orders of Commission .Without prejudice to the provisions of this Act, any person may make an application to the Appellate Tribunal for an order for the recovery of compensation from a ny enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise violating directions issued by the Commission or contravening, without any reasonable ground, any decision or order of the Commission issued under sections 27, 28, 31, 32 and 33 or any condition or restriction subject to which any approval, sanction, direction or exemption in relation to any matter has been accorded, given, made or granted under this Act or delaying in carrying out such orders or directions of the Commission.] 6[43. Penalty for failure to comply with directions of Commission and Director General .If any person fails to comply, without reasonable cause, with a direction given by (a) the Commission under sub -sections ( 2) and ( 4) of section 36; or (b) the Director General while exercising powers referred to in sub -section (2) of section 41, 1. Subs. by Act 9 of 2023, s. 26 , for Explanation (w.e.f. 18 -5-2023). 2. Subs. by Act 39 of 2007, s. 34, for section 42 (w.e.f. 20 -5-2009). 3. Subs. by Act 9 of 2023, s. 27, for sections 27, 28, 31, 32, 33, 42A and 43A of the Act, he shall be punishable with fine (w.e.f. 18 -5-2023). 4. Subs. by s. 27, ibid., for pay the fine imposed under sub -section ( 2) (w.e.f. 18 -5-2023). 3. Ins. by Act 39 of 2007, s. 35 (w.e.f. 20 -5-2009). 4. Subs. by s. 36, ibid., for section 43 (w.e.f. 20 -5-2009). 28 such person 1[shall be liable to a penalty ] which may extend to rupees one lakh for each day during which such failure continues subject to a maximum of rupees one crore, as may be determined by the Commission.] 44. Penalty for making false statement or omission to furnish material information .If any person, being a party to a combination, (a) makes a statement which is false in any material p articular, or knowing it to be false; or (b) omits to state any material particular knowing it to be material, such person shall be liable to a penalty which shall not be less than rupees fifty lakhs but which may extend to 2[rupees five crore ], as may be determined by the Commission. 45. Penalty for 3[contraventions] in relation to furnishing of information .4[(1) Without prejudice to the provisions of 5[sub-section ( 6) of section 6 and] section 44, if a person, who furnishes or is required to furnish under this Act any particulars, documents or any information, (a) makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular; or (b) omits to state any material fact knowing it to be materi al; or (c) wilfully alters, suppresses or destroys any document which is required to be furnished as aforesaid, such person shall be 6[liable to a penalty] which may extend to rupees one crore as may be determined by the Commission.] (2) Without prejudice to the provisions of sub -section (1), the Commission may also pass such other order as it deems fit. 46. Power to impose lesser penalty .The Commission may, if it is satisfied that any producer, seller, distributor, trader or service provider included in any cartel, which is alleged to have violated section 3, has made a full and true disclosure in respect of the alleged violations and such disclosure is vital, impose upon such producer, seller, distributor, trader or service provider a lesser penalty as i t may deem fit, than leviable under this Act or the rules or the regulations: 7[Provided that lesser penalty shall not be imposed by the Commission in cases where the report of investigation directed under section 26 has been received before making of such disclosure.] Provided further that lesser penalty shall be imposed by the Commission only in respect of a producer, seller, distributor, trader or service provider included in the cartel, who 8[has] made the full, true and vital disclosures under this sec tion: 9[Provided also that lesser penalty shall not be imposed by the Commission if the person making the disclosure does not continue to cooperate with the Commission till the completion of the proceedings before the Commission.] Provided also that the Co mmission may, if it is satisfied that such producer, seller, distributor, trader or service provider included in the cartel had in the course of proceedings, (a) not complied with the condition on which the lesser penalty was imposed by the Commission; or (b) had given false evidence; or 1. Subs. by Act 9 of 2023, s. 29, for shall be punishable with fine (w.e.f. 18 -5-2023). 2. Subs. by s. 31, ibid., for rupees one crore (w.e.f. 18 -5-2023). 3. Subs. by s. 32, ibid., for marginal heading offences (w.e.f. 18 -5-2023). 4. Subs. by Act 39 of 2007, s. 38, for sub -section ( 1) (w.e.f. 20 -5-2009). 5. Ins. by Act 9 of 2023, s. 32 (w.e.f. 18 -5-2023). 6. Subs. by s. 32, ibid., for punishable with fine (w.e.f. 18 -5-2023). 7. Sub. by Act 39 of 2007, s. 39, fo r the first proviso (w.e.f. 20 -5-2009). 8. Subs. by s. 39, ibid., for first (w.e.f. 20 -5-2009). 9. The proviso ins. by s. 39, ibid. (w.e.f. 20 -5-2009). 29 (c) the disclosure made is not vital,
f. 20 -5-2009). 29 (c) the disclosure made is not vital, and thereupon such producer, seller, distributor, trader or service provider may be tried for the offence with respect to which the lesser penalty was imposed and shall also be liable to the imposition of penalty to which such person has been liable, had lesser penalty not been imposed. 47. Crediting sums realised by way of penalties to Consolidated Fund of India .All sums realised by way of penalties under this Act shall be credited to the Consolidated Fund of India. 48. Contravention by companies .(1) Where a person committing contravention of any of the provisions of this Act or of any rule, regulation, order made or direction issued thereunder is a company, every person who, at the t ime the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention. (2) Notwithstanding anything contained in sub -section ( 1), where a contravention of any of the provisions of this Act or of any rule, regulation, order made or direction issued thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or ot her officer shall also be deemed to be guilty of that contravention and shall be liable to be proceeded against and punished accordingly. Explanation .For the purposes of this section, (a) company means a body corporate and includes a firm or other association of individuals; and (b) director, in relation to a firm, means a partner in the firm. CHAPTER VII COMPETITION ADVOCACY 49. Competition Advocacy .1[(1) The Central Government may, in formulating a policy on competition (including review of laws related to competition) or on any other matter, and a State Government may, in formulating a policy on competition or on any other matter, as the case may be, make a reference to the Commission for its opinion on possible effect of such policy on competiti on and on the receipt of such a reference, the Commission shall, within sixty days of making such reference, give its opinion to the Central Government, or the State Government, as the case may be, which may thereafter take further action as it deems fit.] (2) The opinion given by the Commission under sub -section ( 1) shall not be binding upon the Central Government 2[or the State Government, as the case may be ,] in formulating such policy. (3) The Commission shall take suitable measures 3*** for the promotion of competition 4[or culture] advocacy, creating awareness and imparting training about competition issues. 1. Subs. by Act 39 of 2007, s. 40, for sub -section ( 1) (w.e.f. 12 -10-2007). 2. Ins. by s. 40, ibid. (w.e.f. 12 -10-2007). 3. The words , as may be prescribed, omitted by s. 40, ibid. (w.e.f. 12 -10-2007). 4. Ins. by Act 9 of 2023, s. 36 (w.e.f. 18 -5-2023). 30 CHAPTER VIII FINANCE, ACCOUNTS AND AUDIT 50. Grants by Central Government .The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Commission grants of such sums of money as the Government may think fit for being utilised for the purposes of this Act. 51. Constitution of Fund .(1) There shall be constituted a fund to be called the Competition Fund and there shall be credited thereto (a) all Government grants received by the Commission; 1* * * * * (c) the fees received under this Act; (d) the interest accrued on the amounts refer red to in 2[clauses ( a) and ( c)]. 3[(e) all s ums received by the Commission from such other sources as may be decided upon by the Government.] (2) The Fund shall be applied for meeting (a) the salaries and allowances payable to the Chairperson and other Members and the administrative expenses including the salaries, allowances and pension payable to the Director General, Additional, Joint, Deputy or Assistant Directors General, the Registrar and officers and other employees of the Commission; (b) the other expenses of the Commission in connecti on with the discharge of its functions and for the purposes of this Act. (3) The Fund shall be administered by a committee of such Members of the Commission as may be determined by the Chairperson. (4) The committee appointed under sub -section ( 3) shall s pend monies out of the Fund for carrying out the objects for which the Fund has been constituted. 52. Accounts and audit.(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor -General of India. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor -General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor -General of India. Explanation .For the removal of doubts, it is hereby declared that the orders of the Commission, being matters appea lable to the 4[Appellate Tribunal or the Supreme Court], shall not be subject to audit under this section. (3) The Comptroller and Auditor -General of India and any other person appointed by him in connection with the audit of the accounts of the Comm ission shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor -General of India generally has, in connection with the audit of the Government accounts and, in particular, shall have the right to dem and the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor -General of India or any other perso n appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. 1. Cl. ( b) omitted by Act 39 of 2007, s. 41 (w.e.f. 12 -10-2007). 2. Subs. by s. 41, ibid., for clau ses (a) to ( c) (w.e.f. 12 -10-2007). 3. Ins. by Act 9 of 2023, s. 37 (w.e.f. 18 -5-2023). 4. Subs. by Act 39 of 2007, s. 42, for Supreme Court (w.e.f. 12 -10-2007). 31 53. Furnishing of returns, etc., to Central Government .(1) The Commission shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing measures for the promotion of competition advocacy, creating awareness and imparting training about competition issues, as the Central Government may, from time to time, require. (2) The Commission shall prepare once in every year, in such form an d at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies of the report shall be forwarded to the Central Government. (3) A copy of the report received under sub -section ( 2) shall be laid, as soon as may be after it is received, before each House of Parliament. 1[CHAPTER VIIIA 2[APPELLATE TRIBUNAL ] 3[ 4[53A. Appellate Tribunal. The National Company Law Appellate Tribunal constituted under section 410 of the Companies Act, 2013 ( 18 of 2013) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , be the Appellate Tribunal for the purpose s of this Act and the said Appellate Tribunal shall (a) hear and dispose of appeals against any direction issued or decision made or order passed by the Commission under sub -sections ( 2) and ( 6) of section 26, section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43A, section 44, section 45 or section 46 of this Act; and (b) adjudicate on claim for compensation that may arise from the findings of the Commission or the orders of the Appellate Tribunal in a n appeal against any finding of the Commission or under section 42A or under sub -section ( 2) of section 53Q of this Act, and pass orders for the recovery of compensation under section 53N of this Act.] 553B. Appeal to Appellate Tribunal .(1) The Central Government or the State Government or a local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause ( a) of section 53A may prefer an appeal to the Appellate Tribunal. (2) Every appeal under sub -section ( 1) shall be filed within a period of sixty days from the date on which a copy of the direction or decision or order made by the Commission is received by the Central Government or the State Government or a local authority or enterprise or any person referr ed to in that sub-section and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that there was suf ficient cause for not filing it within that period. 6[Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the Commission, shall be entertained by the Appellate Tribunal unless the appellant has deposited twenty -five per cent. of that amount in the manner as directed by the Appellate Tribunal.] (3) On receipt of an appeal under sub -section ( 1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the direction, decision or order appealed against. (4) The Appellate Tribunal shall send a copy of every order made by it to the Commission and the parties to the appeal. (5) The appeal file d before the Appellate Tribunal under sub -section ( 1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within six months from the date of receipt of the appeal. 1. Ins. by Act 39 of 2007, s. 43 (w.e.f. 12 -10-2007). 2. Subs. by Act 7 of 2017, s. 171, for the heading (w.e.f. 26 -5-2017). 3. 12 -10-2007, vide S.O. No. 1747(E), dated 12 -10-2007. 4. Subs. by Act 7 of 2017, s. 171, for section 53A (w.e.f. 26 -5-2017). 5. 20 -5-2009, vide S.O. No 1242(E), dated 15 -5-2009. 6. Ins. by Act 9 of 2023, s. 39 (w.e.f. 18 -5-2023). 32 153C. [Composition of Appellat e Tribunal .] Omitted by the Finance Act, 2017 (7 of 2017), s. 171 (w.e.f. 26-5-2017). 153D. [Qualifications for appointment of Chairperson and Members of Appellate Tribunal .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153E. [Selection Committee .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153F. [Term of office of Chairperson and Members of Appellate Tribunal .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153G. [Terms and conditions of service of Chairperson and Members of Appellate Tribunal .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153H. [Vacancies .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153-I. [Resignation of Chairperson and Members of Appellate Tribunal .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153J. [Member of Appellate Tribunal to act as its Chairperson in certain cases .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153K. [Removal and suspension of Chairperson and Members of Appellate Tribunal .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153L. [Restriction on employment of Chairperson and other Members of Appellate Tribunal in certain cases .] Omitted by s. 17
employment of Chairperson and other Members of Appellate Tribunal in certain cases .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153M. [Staff of Appellate Tribunal .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 253N. Awarding compensation .(1) Without prejudice to any other provisions contained in this Act, the Central Government or a State Government or a local authority or any enterprise or any person may make an application to the Appellate Tribunal to adjudicate on claim fo r compensation that may arise from the findings of the Commission or the orders of the Appellate Tribunal in an appeal against any findings of the Commission or under section 42A or under sub-section (2) of section 53Q of the Act, and to pass an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by the Central Government or a State Government or a local authority or any enterprise or any person as a result of any contravention of the provisions of Chapter II, having been committed by enterprise. (2) Every application made under sub -section ( 1) shall be accompanied by the findings of the Commission, if any, and also be accompanied with such fees as may be prescribed. (3) The Appellate Tribunal may, a fter an inquiry made into the allegations mentioned in the application made under sub -section ( 1), pass an order directing the enterprise to make payment to the applicant, of the amount determined by it as realisable from the enterprise as compensation for the loss or damage caused to the applicant as a result of any contravention of the provisions of Chapter II having been committed by such enterprise: Provided that the Appellate Tribunal may obtain the recommendatio ns of the Commission before passing an order of compensation. (4) Where any loss or damage referred to in sub -section ( 1) is caused to numerous persons having the same interest, one or more of such persons may, with the permission of the Appellate Tribunal , make an application under that sub -section for and on behalf of, or for the benefit of, the persons so interested, and thereupon, the provisions of rule 8 of Order 1 of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall apply subj ect to the modification that every reference therein to a suit or decree shall be construed as a reference to the application before the Appellate Tribunal and the order of the Appellate Tribunal thereon. 1. 20 -12-2007, vide S.O. No. 2167(E), dated 20 -12-2007. 2. 20-5-2009, vide S.O. No. 1242(E), dated 15 -5-2009. 33 Explanation .For the removal of doubts, it is her eby declared that (a) an application may be made for compensation before the Appellate Tribunal only after either the Commission or the Appellate Tribunal on appeal under clause ( a) of sub -section (1) of section 53A of the Act, has determined in a proceed ing before it that violation of the provisions of the Act has taken place, or if provisions of section 42A or sub -section (2) of section 53Q of the Act are attracted; (b) enquiry to be conducted under sub -section (3) shall be for the purpose of determining the eligibility and quantum of compensation due to a person applying for the same, and not for examining afresh the findings of the Commission or the Appellate Tribunal on whether any violation of the Act has taken place. 153-O. Procedure and powers of Appellate Tribunal .(1) The Appellate Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Appellate Tribunal shall have power to regulate its own procedure including the places at which they shall have their sittings. (2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing a representation for default or deciding it ex parte ; (h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte ; (i) any other matter which may be prescribed. (3) Every proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within t he meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code or Criminal Procedur e, 1973 (2 of 1974) . 153P. Execution of orders of Appellate Tribunal .(1) Every order made by the Appellate Tribunal shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate Tribunal to send, in case of its inability to execute such order, to the court within the loca l limits of whose jurisdiction, (a) in the case of an order against a company, the registered office of the company is situated; or (b) in the case of an order against any other person, place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated. (2) Notwithstanding anything contained in sub -section ( 1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. 1. 20-5-2009, vide S.O. No. 1242(E), dated 15 -5-2009. 34 153Q. Contravention of orders of Appellate Tribunal .2[(1) Without prejudice to the provisions of this Act, if any person contravenes, without any reasonable ground, any order of the Appellate Tribunal, he shall be liable for contempt proceeding under section 53U. ] (2) Without prejudice to the provisions of this Act, any person may make an application to the Appel late Tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise contravening, without any reasonable ground, any order of the Appellate Tribunal or delaying in carrying out such orders of the Appellate Tribunal. 353R. [Vacancy in Appellate Tribunal not to invalidate acts or proceedings .] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 153-S. Right to legal representation .(1) A person preferring an appeal to the Appellate Tribunal may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appella te Tribunal. (2) The Central Government or a State Government or a local authority or any enterprise preferring an appeal to the Appellate Tribunal may authorise one or more chartered accountants or company secretaries or cost accountants or legal practiti oners or any of its officers to act as presenting officers and every person so authorise d may present the case with re spect to any appeal before the Appellate Tribunal. (3) The Commission may authorise one or more chartered accountants or company secretari es or cost accountants or legal practitioners or any of its officers to act as presenting officers and every person so authorise d may present the case with respect to any appeal before the Appellate Tribunal. Explanation .The expressions chartered accountant or company secretary or cost accountant or legal practitioner shall have the meanings respectively assigned to them in the Explanation to section 35. 153T. Appeal to Supreme Court .The Central Government or any State Government or the Com mission or any statutory authority or any local authority or any enterprise or any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to them: Provided that the Supreme court may, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed after the expiry of the said period of sixty days. 153U. Power to Punish for contempt .The Appellate Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect subject to modifications that, (a) the reference therein to a High Court shall be construed as including a reference to the Appellate Tribunal; (b) the references to the Advocate -General in section 15 of the said Act shall be construed as a reference to such Law Officer as the Central Government may, by notifi cation, specify in this behalf.] CHAPTER IX MISCELLANEOUS 54. Power to exempt .The Central Government may, by notification, exempt from the application of this Act, or any provision thereof, and for such period as it may specify in such notification (a) any class of enterprises if such exemption is necessary in the interest of security of the State or public interest; 1. 20 -5-2009, vide S.O. No. 1242(E), dated 15 -5-2009. 2. Subs. by Act 9 of 2023, s. 41, for sub-section ( 1) (w.e.f. 18 -5-2023). 3. 20-12-2007, vide S.O. No. 2167(E), dated 20 -12-2007. 35 (b) any practice or agreement arising out of and in accordance with any obligation assumed by India under any treaty, agreement or convention with any other country or countries; (c) any enterprise which performs a sovereign function on behalf of the Central Government or a State Government: Provided that in case an enterprise is engaged in any activity including the activity relatable to the sovereign functions of the Government, the Central Government may grant exemption only in respect of activity relatable to the sovereig n functions. 55. Power of Central Government to issue directions .(1) Without prejudice to the foregoing provisions of this Act, the Commission shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time: Provided that the Commission shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub -section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. 56. Power of Central Government to supersede Commission .(1) If at any time the Central Government is of the opinion (a) that on account of circumstances beyond the control of the Commission, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (b) that the Commission has pers istently made default in complying with any direction given by the Central Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Commission or the administration of the Commission has suffered; or (c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification and for reasons to be specifie d therein, supersede the Commission for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Commission to make representations against the proposed supersession and shall consider representations, if any, of the Commission. (2) Upon the publication of a notification under sub -section ( 1) superseding the Commission, (a) the Chairperson and other Members shall , as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Commission shall, until the Commission is reconst ituted under sub -section (3), be exercised and discharged by the Central Government or such authority as the Central Government may specify in this behalf; (c) all properties owned or controlled by the Commission shall, until the Commission is reconstitute d under sub -section ( 3), vest in the Central Government. (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section ( 1), the Central Government shall reconstitute the Commission by a fresh appointme nt of its Chairperson and other Members and in such case any person who had vacated his office under clause ( a) of sub -section ( 2) shall not be deemed to be disqualified for re -appointment. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to
cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest. 57. Restriction on disclosure of information .No information relating to any enterprise, being an information which has been obtained by or on behalf of 1[the Commission or the Appellate Tribunal] for 1. Subs. by Act 39 of 2007, s. 44, for the Commission (w.e.f. 12-10-2007). 36 the purposes of this Act, shall, without the previous permission in writing of the enterprise, be disclosed otherwise than in compli ance with or for the purposes of this Act or any other law for the time being in force. 1[58. Chairperson, Members, Director General, Secretary, officers and other employe es, etc., to be public servants .The Chairperson and other Members and the Director General, Additional, Joint, Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed, while acting or purport ing to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).] 59. Protection of action taken in good faith .No suit, prosecution or other legal proceedings shall lie against the Central Government or Commission or any officer of the Central Government or the Chairperson or any Member or the Director General, Additional, Joint, Deputy or A ssistant Directors General or 2[the Secretary or officers or other employees of the Commission or the Chairperson, Members, officers and other employees of the Appellate Tribunal] for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. 3[59A. Compounding of certain offences .Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment only or imprisonment and also with fine, may either before or after the institution of any proceeding, be compounded by the Appellate Tribunal or a court before which such proceeding is pending.] 60. Act to have overriding effect .The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. 61. Exclusion of jurisdiction of civil courts .No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the 4[Commission or the Appellate Tribunal] is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 62. Applicati on of other laws not barred .The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. 63. Power to make rules .(1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 5[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause ( e) of section 5; (ab) the percentage of voting rights higher than twenty -six per cent. under sub -clause ( i) of clause (b) of the Explanation to section 5; (ac) the criteria of combina tions under sub -section ( 4) of section 6; (ad) the criteria under sub -section ( 7) of section 6;] 6[ 7[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub -section ( 2) of s ection 9;] (b) the form and manner in which and the authority before whom the oath of office and of secrecy shall be made and subscribed to under sub-section ( 3) of section 10; 8* * * * * 1. Subs. by Act 39 of 2007, s. 45, for section 58 (w.e.f. (12 -10-2007). 2. Subs. by s. 46, ibid., for Registrar or officers or other employees of the Commission (w.e.f. 12 -10-2007). 3. Ins. by Act 9 of 2023, s. 42 (w.e.f. 18 -5-2023). 4. Subs . by Act 39 of 2007, s. 47, for Commission (w.e.f. 12 -10-2007). 5. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18 -5-2023). 6. Subs. by Act 39 of 2007, s. 48, for clause ( a) (w.e.f. 12 -10-2007). 7. Clause ( a) re-lettered as clause ( ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18 -5-2023). 8 Cl. ( c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12 -10-2007) 37 (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section ( 1) of section 14; 1[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section ( 1A) of section 16;] (e) the sa lary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 2[such officers or other employees] under sub-section ( 3) of section16; (f) the qualifications for appointment o f the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub -section ( 4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 3[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section ( 2) of section17; 4* * * * * (k) the form in which the annual statement of accounts shall be prepared under sub -section ( 1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub -section ( 1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section ( 2) of section 53; 5[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section ( 2) of section 53B and the fees payable in respect of such appeal; 6* * * * * (me) the fee which shall be accompanied with every application made under sub-section ( 2) of section 53N; (mf) the other matters under clause ( i) of sub -section (2) of section 53 -O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 7[(mg) the form of the publication of guidelines under sub -section ( 5) of section 64B;] 8[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub -section (2) of section 66;] (o) any other matter w hich is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub -section (3) of section 20 and section 54 and every rule made under this Act by the Central Government shall b e 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 im mediately 1. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12 -10-2007). 2. Subs. by s. 48, ibid., for such other advisers, consultants or officers (w.e.f. 12 -10-2007). 3. Subs. by s. 48, ibid., for Registrar (w.e.f. 12 -10-2007). 4. Cls. ( h), (i) and ( j) omitted by s. 48, ibid. (w.e.f. 12 -10-2007). 5. Ins. by s. 48 (w.e.f. 12 -10-2007). 6. Clauses ( mb), (mc) and ( md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26 -5-2017). 7. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18 -5-2023). 8. Subs. by Act 39 of 2007, s. 48, for clause ( n) (w.e.f. 12 -10-2007). 38 following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule , as the case may be. 64. Power to make regulations .(1) The Commission may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act. (2) In particular, and without prejudice to the gen erality of the foregoing provisions, such regulations may provide for all or any of the following matters, namely: (a) the cost of production to be determined under clause ( b) of the Explanation to section 4; (b) the form of notice as may be specified and the fee which may be determined under sub-section (2) of section 6; 1[(c) the manner of determination of substantial business operations in India under clause ( d) of section 5; (ca) the form and fee for notice for combination under su b-section ( 4) of section 6; (cb) the time and manner for filing notice of acquisition under clause ( a) of section 6A; (cc) the manner and circumstance in which the acquirer may exercise the ownership or beneficial right or interest in shares or convertible securities including voting right and receipt of dividends or any other distributions as an exception under clause ( b) of section 6A; ] 2[(d) the procedures to be followed for engaging the experts and professionals under sub-section (3) of section 17; (e) the fee which may be determined under clause ( a) of sub -section (1) of section 19; (f) the rules of procedure in regard to the transaction of business at the meetings of the Commission under sub -section (1) of section 22; 1[(fa) other details to be indicated in the show -cause notice under sub -section (9) of section 26; (fb) the manner of determining turnover or income under the Explanation I to clause (b) of section 27; (fc) the manner in which modification may be proposed by parties to the combination to the Commission under sub -section ( 2) of section 29A;] (g) the manner in which penalty shall be recovered under sub-section (1) of section 39; 1[(ga) the lesser penalty to be imposed on producer, seller, distributor, trader or service provider under sub -section ( 1) of section 46; (gb) the manner and time for withdrawal of application for lesser penalty under sub -section ( 2) of section 46; (gc) the lesser penalty to be imposed on producer, seller, distributor, trader or service provider under sub -section ( 4) of section 46; (gd) the manner of determining income under clause ( c) of Explanation to section 48; (ge) the form of application and fee under sub -section ( 1), the time under sub -sectio n (2), the terms and manner of implementations and monitoring under sub -section ( 3) and the procedure for conducting settlement proceedings under sub -section ( 6) of section 48A; (gf) the form of application and fee under sub -section ( 1), the time under sub -section ( 2), the terms and manner of implementations and monitoring under sub -section ( 3) and the procedure for commitments offered under sub -section ( 6) of section 48B; 1. Subs. by Act 9 of 2023, s. 44, for clause ( c) (w.e.f. 18 -5-2023). 2. Subs. by Act 39 of 2007, s. 49 , for clauses ( d) and ( e) (w.e.f. 12 -10-2007) . 39 (gg) the other details to be published along with draft regulations and the period fo r inviting public comments under clause ( a) of section 64A;] (h) any other matter in respect of which provision is to be, or may be, made by regulations.] (3) Every regulation
h) any other matter in respect of which provision is to be, or may be, made by regulations.] (3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive se ssions 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[64A. Process of issuing regulations. The Commission shall ensure transparency while making regulations under section 64, by (a) publishing draft regulations along with such other details as may be specified on its website and inviting public comments for a specified period prior to issuing regulations; (b) publishing a general statement of its response to the pu blic comments, not later than the date of notification of the regulations; (c) periodically reviewing such regulations: Provided that if the Commission is of the opinion that certain regulations are required to be made or existing regulations are required to be amended urgently in public interest or the subject matter of the regulation relates solely to the internal functioning of the Commission, it may make regulations or amend the existing regulations, as the case may be, without following the provisions stated in this section recording the reason, for doing so.] 65. 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 pro visions, not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 66. Repeal and saving .2[(1) The Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) is hereby repealed and the Monopolies and Restrictive Trade Practices Commission established under sub -section ( 1) of section 5 of the said Act (hereafter referred to as the repe aled Act) shall stand dissolved . 3* * * * * (1A) The repeal of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 19 69) shall, however, not affect, (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or in curred under the Act so repealed; or (c) any penalty, confiscation or punishment incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, 1. Ins. by Act 9 of 2023, s. 45 (w.e.f. 18 -5-2023). 2. Subs. by Act 39 of 2007, s. 50, for sub -section ( 1) (w.e.f. 1 -9-2009). 3. The proviso and the Explanation omitted by Act 39 of 2009, s. 2 (w.e.f. 14 -10-2009). 40 continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as if that Act had not been repealed.] (2) On the dissolution of the Monopolies and Restrictive Trade Practices Commission, the person appointed as the Chairman of the Monopolies and Restrictive Trade Practices Commission and every other person appointed as Member and Director General of Investigation and Registration, Addi tional, Joint, Deputy, or Assistant Directors General of Investigation and Registration and any officer and other employee of that Commission and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of term of their offic e or of any contract of service: Provided that the Director General of Investigation and R egistration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee who has been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission appointed on deputation basis to the Monopolies and Restrictive Trade Practices Commission, shall, on such dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be: 1[Provided further that the Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee who has been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission employe d on regular basis by the Monopolies and Restrictive Trade Practices Commission, shall become, on and from such dissolution, the officer and employee, respectively, of the Competition Commission of India or the Appellate Tribunal, in such manner as may be specified by the Central Government , with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such Monopolies and Restrictive Trade Practices Commission had not been transferred to, and vested in, the Competition Commission of India or the Appellate Tribunal, as the case may be, and shall continue to do so unless and until his employment in the Competition Commission of India or the Appellate Tribunal, as the case may be, is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Competition Commission of India or the Appellate Tribunal, as the case may be:] Provided also that notwithstanding anything contained in the In dustrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the transfer of the services of any Director General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee, employed in the Monopolies and Restrictive Trade Practices Commission, to 2[the Competition Commission of India or the Appellate Tribunal , as the case may be, ] shall not entitle such Direc tor General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority: Provided also that where the Monopolies and Restrictive Trade Practices Commission has established a provident fund, superannuation, welfare or other fund for the benefit of the Dire ctor General of Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or the officers and other employees employed in the Monopolies and Restrictive Trade Practices Commission, the monies relatable to the officers and other employees whose services have been transferred by or under this Act to 3[the Competition Commission of India or the Appellate Tribunal, as the case may be, shall, out of the monies standing] , on the dissolution of the Monopolies and Restrictive Trade Practices Commission to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, 4[the Competition Commission of India or the Appellate Tribunal , as the case may be, and s uch monies which stand so transferred shall be dealt with by the said Commission or the Tribunal, as the case may be, in such manner as may be prescribed ]. 1. Subs. by Act 39 of 2007, s. 50, for the second proviso (w.e.f. 1 -9-2009). 2. Subs. by s. 50, ibid., for the Central Government (w.e.f. 1 -9-2009). 3. Subs. by s. 50, ibid., for the Central Government shall, out of the monies standing (w.e.f. 1 -9-2009). 4. Subs. by s. 50, ibid., for certai n words (w.e.f. 1 -9-2009). 41 1[(3) All cases pertaining to monopolistic trade practices or restrictive trade practices pending (including such cases, in which any unfair trade practice has also been alleged), before the Monopolies and Restrictive Trade Practices Commission shall, 2[on the commencement of the Competition Amendment Act, 2009 (39 of 2009)] stand transferred to the Appellate Tribunal and shall be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed.] 3[Explanation .For the removal of doubts, it is hereby declared that all cases referred to in this sub-section, sub -section (4) and sub -section (5) shall be deemed to include all applications made for the losses or damages under section 12 B of the Monopolies and Restrictive Trade Practices Act,1969 (54 of 1969) as it stood before its repeal.] (4) Subject to the provisions of sub -section (3), all cases pertaining to unfair trade practices other than those referred to in clause ( x) of sub -section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the Monopolies and Restrictive Trade Practices Commission 4[immediately before the commencement of the Competition (Amendment) Act, 2 009 (39 of 2009) , shall, on such commencement ], stand transferred to the National Commission constituted under the Consumer Protection Act , 1986 (68 of 1986) and the National Commission shall dispose of such cases as if they were cases filed under that Act: Provided that the National Commission may, if it considers appropriate, transfer any case transferred to it under this sub -section, to the concerned State Commission established under section 9 of the Consumer Protection Act, 1986 (68 of 1986) and that State Commission shall dispose of such case as i f it was filed under that Act: 5[Provided further that all the cases relating to the unfair trade practices pending, before the National Commission under this sub -section, on or before the date on which the C ompetition (Amendment) Bill, 2009 receives the assent of the President, shall, on and from that date, stand transferred to the Appellate Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed Act as if that Act had not been repealed. ] 6[(5) All cases pertaining to unfair trade practices referred to in clause ( x) of sub-section ( 1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the Monopolies and Restrictive Trade Practices Commission shall, 7[on the commencement of the Competition (Amendment) Act, 2009 (39 of 2009)], stand transferred to the Appellate Tribunal and the Appellate Tribunal shall dispose of such cases as if they were cases filed under that Act.] (6) All investigations or proceeding s, other than those relating to unfair trade practices, pending before the Director General of Investigation and Registration on or before the commencement of this Act shall, on such commencement, stand transferred to the Competition Commission of India, a nd the Competition Commission of India may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit. (7) All investigations or proceedings, relating to unfair trade practices, other than those referred to in clause ( x) of sub -section ( 1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the Director General of Investigation and Registration on or before the commencement of this Act shall, on such commencement, st and transferred to the National Commission constituted under the Consumer Protection Act, 1986 (68 of 1986) and the National Commission may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit : 1. Subs. by Act 39 of 2007, s. 50, for sub -section ( 3) (w.e.f. 1 -9-2009). 2. Subs. by Act 39 of 2009, s. 2, for after the expiry of two years referred to in the proviso to sub -section ( 1) (w.e.f. 14 -10-2009). 3. Ins. by s. 2, ibid. (w.e.f. 14 -10-2009). 4. Subs. by s. 2, ibid., for on or before the expiry of two years referred to in the proviso to sub -section ( 1) (w.e.f. 14 -10-2009). 5. The proviso i nserted by Act 39 of 2007, s. 2 (14 -10-2009). 6. Subs. by s. 50, ibid., for sub -section ( 5) (w.e.f. 1 -9-2009). 7. Subs. by Act 39 of 2009, s. 2, for certain words (14 -10-2009). 42 1[Provided that all investigations or proceedings, relating to unfair trade practices pending before the National Commission, on or before the date on which the Competition
ations or proceedings, relating to unfair trade practices pending before the National Commission, on or before the date on which the Competition (Amendment) Bill, 2009 receives the assent of the President shall, on and from that date, stand transf erred to the Appellate Tribunal and the Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit.] (8) All investigations or proceedings relating to unfair trade practices referred to in clause (x) of sub-section ( 1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), and pending before the Director General of Investigation and Registration on or before the commencement of this Act shall, on such commencement, stand transferred to the Competition Commission of India and the Competition Commission of India may conduct or order for conduct of such investigation in the manner as it deems fit. (9) Save as otherwise provided under sub -sections ( 3) to ( 8), all cases or proceedings pending before the Monopolies and Restrictive Trade Practices Commission shall abate. (10) The mention of the particular matters referred to in sub -sections ( 3) to ( 8) shall not be held to prejudice or affect the general applica tion of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. 1. The proviso ins. by Act 39 of 2009, s. 2 (w.e.f. 14 -10-2009).
1 MINISTRY OF : HOME AFFAIRS (Department of : CENTRAL RESERVE POLICE FORCE) The Central Reserve Police Force Rules/Regulations/Scheme,1955. 1* S.R.O. 499 dated 24th February, 1955:- In exercise of the powers conferred by section 18 of the Central Reserve Police Force Act, 1949,(66 of 1949), the Central Government hereby makes the following rules, namely:- 1. Title: These Rules may be called the Central Reserve Police Force Rules. 1955. 2. Definitions: In these Rules, unless the context otherwise requires: (a)"The Act" means the Central Reserve Police Force Act, 1949 (Act No. 66 of 1949); (b)"Commandant" means the Commandant appointed to the Force; (c)"Deputy Inspector General of Police" means an officer who has been notified by the Central Government as Deputy Inspector General of Police for the Force: (d)"Detachment" includes any part of the Force required or ordered to proceed on duty away from headquarters, (dd)"Director General" means the Director General of the Force appointed by the Central Government through whom the superintendence of, and control over, the Force of the Central Government shall be exercised and who shall, subject to any instructions that the Central Government may give, administer the Force in accordance with the provisions of the Act and of these or other rules; (Inserted vide GSR-3117 dated 15.7.71) (e)"The Force" means the Central Reserve Police Force; (ee)"Additional Director General" means an officer who has be appointed by the Central Government as Additional Director General of Police for the Force and who shall subject to supervision and control and directions of the Director General perform such functions and exercise such financial and other powers as may be authorised by the Director General by general or special order and exercise such financial powers as may be delegated to him by the Central Government. (Inserted vide GSR-784 dated 8.10.88) (f)"Inspector General" means an officer who has been notified by the Central Government as Inspector General of Police for the Force and who will subject to the 2 supervision, control, and direction of the Director General exercise the Head of the Department, (g)"Section" means a Section of the Act: (h)"Subordinate Officer" means a member of the Force of the rank Subedar, Sub-Inspector; (Substituted vide GSR-436 dated 7.4.1959) (i)"Superior Officer" means an officer appointed to the Force by the Central Government under sub-.section (1) of section 4 and includes a person officiating for any such officer; (j)"Under Officer" means a member of the Forcc of the rank of Head Constable, Naik or Lance Naik. 3.Interpretation: In these Rules unless there is anything repugnant in the subject or context: (a)The expression "Battalion" and "Company" have the meanings assigned to them as in the Army. (b)"Local Promotee" means a Subordinate Officer who has been enlisted in the Force and promoted to the rank of Deputy Superintendent of Police (Company Commander, Quarter Master or Wireless). (c)The expression "other directly recruited" relates to officers appointed directly to the gazetted ranks in the Force from outside the Force. CHAPTER II-General Powers of Certain Officers. 4. Powers of the Central Government and Certain Ofricers of the Force: (a)In all cases not specifically provided, for in these rules, instructions issued from time to time by the Central Government or the Director General or under his directions by the Additional Director General or the Inspcctor General shall regulate working of the Force. (Substituted vide GSR-784 dtd 8/10/88) (b) Omitted vide GSR 784 dated 8.10.88 (c) " " " " " " Chapter III Composition of the force 4 A. Composition of the The Force: (1)Central Reserve Police Force shall be constituted as follows:- (a) Central Reserve Police Force (Regular), (b) Central Reserve Police Force (Auxiliary); (2) Officcrs. Subordinate Officers and enrolled persons appointed to or enrolled into the Central Reserve police Force (Regular) shall be liable for continuous service for the the powers of of Subedar Major, 3 term mentioned in their enrolment form, letter of appointment or in the rules made in this behalf. (3) Officers Subordinate Officers and enrolled persons appointed to or enrolled into the Central Reserve Police Force (Auxiliary) shall serve as and when they are called out for service by the Director General with consent of the Central Government or for training under the order of the Director General. (Inserted vide GSR- I 17(E) dated 28.2.85) 5A. Battalion other than Signal Battalion. (1) The Force shall be constituted as follows:- (a) Superior Officers:- Commandant Assistant Commandant (Second- in-Command) Assistant Commandant one for each Battalion. (Adjutant) Quarter Master one for each Battalion. Company Commander one per service Company plus one leave and training reserve for each Bn. (b) Rank and file for a Battalion of four companies. Subedar(Inspector): 6 Sub Inspcetor (including one motor Mechanic) 21 Head Constables (including two R/mechanic & One Radio Fitter) 66 Naiks: 72 Lance Naiks: 62 Constables 638 Note: The Commandant may make the following appointments within the above establishment: (i) Head Constables:- Batialion Havildar Major. Company Havildar Major. Company Quarter Master Havildars. Pay Naiks. (ii) Constables:- Kote Lance Naiks. Lance Naiks 4 Buglars. (c) Enrolled Followers: (i) The following shall be the enrolled followers namely: Cooks 18 Bhisties 10 safai Karamcharies 20 Barbers 6 Dhobies 6 Cart Drivers 6 Distribution of Followers: Cooks Bbisties S/Karamch. Barbers Dhobies Cart Drivers 4 ser. Coys 12 8 12 4 4 - (3x4) (2x4) (3x4) (1x4) (1x4) HQ Company 6 2 8 2 2 6 6 Ser. Coys. 18 12 18 6 6 (3x6) (2x6) (3x6) (Ix6) (lx6) HQ. Coys 6 2 10 3 3 - Signal Bn. 4 4 4 2 3 (ii) The enrolled followers mentioned above are enrolled for general service with the force and are liable at all time to be sent on duty with detachments. (d) There shall be a separate cadre upto the rank of Inspector for Mahila battalion under the existing rules and regulations. (Inserted vide GSR-776(E) dated 23.8.89) (2) Subject to the provisions contained in Section 4, the Central Government may make such changes in the Composition of the Force as it thinks fit. (inserted vide GSR 436 daled 4.7.1959) (3) (a) There shall be a Central Training College with a Principal and an Asstt. Principal as its superior officers. (b) The Principal and the Assistant Principal shall be equal in rank and status to, and shall excercise the administrative disciplinary,Financial and other powers of the Commadant and the Company Commander respectively. (Inserted vidc GSR 1242 dated 14.9.62) B. Signal Battalion (4) (a) There shall be one or more Signal Battalion in the Force. (b) The Composition of any such Signal Battalion shall be as follows: - (i) Superior Ofricers Commandant 1 Assistant Commandant 1 5 Company Commandant 1 (Deputy Superintendent of Police) (ii) Rank and file Subedar 1 Subedar Technical 1 Sub-Inspector Operators 19 Sub- inspcctor Technical 2 Sub-Inspector Quarter Master Technical 2 Head Constables Quarter Master Wireless 1 Head Constable Quarter Master 1 Head Constable Radio Operators 35 Head Constable Radio Mechanic 4 Grade I Head Constable Radio Mcchanic 25 Grade 11 Head Constable Fitters 21 Head Constable Instrs. 2 Head Constable Draftsman 1 Naik Operators 821 Naik instructors 2 Naik- Quarter master 2 Pay Naiks 4 Constable Store Keepers 2 Constable Tradesmen 6 Constables Orderlies 32 Followers 17 (c) The Commandant, Assistant Commandant and Company Commander (Deputy Superintndant of Police) referred to in Sub-clause (i) of clause (b) shall be equal in rank and Status to, and shall exercise the same administrative, disciplinary and financial powers as are conferred respectively on, the Commandant, Assistant Commandant and Coy Commander (Deputy Superintendents of Police) of a battialion other than the Signals Battalion. (Inserted vide GSR 1003 dated 29.6.1967) 6. Members of the Force: All the officers and men mentioned in Rule 5 shall be deemed to be the members of the Force. 7. Appointments other than that of Superior Officers: (a) Officers and men mentiotioned in Rules 5 (b) and 5 (c) shall be appointed: (1) by direct recruitment, 6 (2) by deputation from Army or State Police Forces: (3) by promotion as laid down in Chapter IX. (b) The authority to make appointments to the various non gazetted ranks shall be the Commandant, provided that, in the case of Sub-Inspectors and Subedar (Inspectors) prior approval of the Deputy lnspector General of Police and of the Inspector General respectively shall be obtained. (c) Non gazetted officers and men of all ranks shall be enrolled subject to sub rule (b) above by the Commandant in the manner prescribed in section 5 and be appointed by him as members of the Force. 8. Seniority: (a) The seniority of Superior Officers shall be in the following order: (i) Commandant or Principal. Central Training College. (ii) Assistant Commandant (Second- in-command or Adjutant or Junior Staff Officer or Vice Principal, Central Training College.) (iii) Company Commander or Quarter Master or Assistant Principal, Central Training College. (b) The interse seniority of Superior Officers shall be determined as under:- (i) An Army Officer shall maintain his seniority as between Army Officers, within a particular rank. Similarly, all Indian Police Service Officer shall maintain his seniority between himself and other Indian Police Service Officers. For purposes of interse seniority between non-Army and Army Officers of equivalent rank, substantive incumbents shall be senior to officiating or temporary officers, their interse seniority depending on the dates of their continued unbroken service in that rank. Similarly, the interse seniority of officiating or temporary officers ,shall be determined by their continuous length of service in that rank. An Army Officer re-employed in the Central Reserve Police Force shall maintain his Army seniority between Army officers within a particular rank. (ii) The interse-seniority of direct recruits to the Central Reserve Police Force in the rank of Company Commander or Quarter Master or Assistant Principal, Central Training College shall be determined in accordance with the aggregate marks obtained by them before the selection board and at the passing out examitiation conducted after their basic training at the CRPF Internal Security Academy. An officer whether promoted locally in the Central Reserve Police Force or from a subordinate Police service in the State shall take rank immediately below the entire batch of direct recruits, any officer of which may have been appointed on the same date, the interse seniority between local promotees and promotees from the States shall be determined with reference to their dates of birth. (Substituted vide GSR 1242 dated 14.9.1962 and re-substituted vide GSR-388 dated 6.7.91) 7 (c) The seniority of person promoted to the rank of subordinate or under officer shall be determined in the following manner, namely:- (i) Before confirmation every such officer shall take his seniority from the date of his continuously holding such rank and (ii) On confirmation, he shall take his seniority from the date of such confirmation: Provided that in the case of officers confirmed on the same date they will take their seniority from the date of their promotion in the rank-. Provided further that in the case of officers where the date of confirmation and the date of promotion are the same their seniority immediately before such promotion shall remain unaffected. (d) For those directly recruited as subordinate or under officer, their seniority shall be determined in the following manner namely:- (i) Before confirmation every such officer shall take his seniority in the rank to which he is so recruited in accordance with the order of merit at the recruitment test: and (ii) On confirmation, he shall take his seniority from the date of such confirmation: Provided that in the case of officers confirmed on the same date they will take their seniority in accordance with the order of merit at the recruitment test. (e) A person promoted to a higher rank and a person recruited direct to the same rank shall have their seniority from the date of appointment to that rank subject to the condition that if both were appointed on the same date, the former (promotee) shall be senior: Provided further that if the date of confirmation is the same their seniority immediately before such confirmation shall remain unaffected. (f) Those recruited as Constables shall take their seniority from the date of their first appointment: Provided that on confirmation they will take their seniority in accordance with the date of their confirmation: Provided further that if the date of confirmation is same a person of higher age will be senior in rank to a person of lower age. (Sub-rules (c) to (f) substitutor vide GSR 716 dtd 16/6/59) 9. Attestation of oath or affirmation: (a) The oath or affirmation set out in Appendix 'C' to these Rules shall be admin
irmation: (a) The oath or affirmation set out in Appendix 'C' to these Rules shall be administered with due ceremony by the Commandant (or any superior officer appointed by him in this behalf) to all officers and rank and file. The officer administering the oath or an affirmation shall attest that he has done so by signing an attestation paper which shall be attached to the Character and Service Roll of the Member of the Force concerned. 8 (b) Attestation may be waived by the Commandant in the case of those officers and men on deputation who have already taken such an oath or affirmation elsewhere. 10. Recruitment: (a) A candidate for enlistment in the Force must conform to the standard laid down in Rule II below, must bear a good character and must be (a) citizen of India or (b) a person who has migrated from Pakistan with the intention of permanently setting in India, or (c) a subject of Nepal or of a Portuguese possession in India, and if he comes under category (b) or (c) must be a person in whose favour a certificate of eligibility has been given by the Government of India. A candidate in whose case a certificate is necessary may, however, be appointed provisionally subject to the necessary certificate being eventually given to him by Government. Provided ex-convicts, or Army or Police deserters shall not be enlisted. (b) No man who has more than one wife living shall be eligible for enlistment in the Force, provided that the Central Government may if sastisfied that there are special grounds for doing so, exempt any person from the operation of this condition. 11. Enlistment Standards (a) Save as here in otherwise provided, no person shall be enrolled as a member of the Force unless he conforms to the,following minimum (1) Height 5'-7" (2) Chest 31 1/2" expanded 33" (3) Age (i) For Sub Inspector Age no less than 19 and not more than 24 years. (ii) For Head Constables Age not less than 18 and not more than 23 years. (substituted vide GSR 2600 dated 16.10.1975) (4) Following shall be the minimum educational qualifications for direct recruitment in the following ranks namely Sub Inspectors Graduate (or 9 ( Equivalent Army Head Constables Matric ( qualifications or Naiks. ( in case of Constables Matriculation ( ex-Army men. (substituted vide GSR-712 dated 15.9.87) (b) The minimum standard laid down in sub rule (a) in so for as it relates to height may be relaxed from 5'-7" to 5"-5" in the case of people having martial, traditions such as Gorkhas, Garkwalis, Kumaonese, Dogras and Marathas; (bb) the minimum standard laid down in sub-rule (a) may be relaxed:- (i) in so for as it relates to height, from 5'.t7" to 5'-4". (ii) in so for as it relates to chest measurement, from 31 1/2"-expanded 33 1/2" to 30"-expanded 32" for Adivasis. (c) The minimum standard laid down in sub rule (a) in so fo@ it relates th height may be relaxed from 5'-7" to 5'-4' in case of persons who have attained the age of eighteen years but have not attained twenty years; (sub-rules (b) and (c) substituted vide GSR 912 datdd 7.6.67) (d) The minimum chest standard laid down in sub-rule (a) above may be relaxed by one inch in case of all persons including those belonging to hill tribes who have attained the age of 18 years but not more than 20 years Provided that the exemptions specified in (c) and (d) above are made Subject to the condition that the medical officer certifies that a person concerned is likely to attain the minimum standard prescribed. (dd)The minimum standard in respect of female candidate for direct recruitment to non-gazetted posts excluding the posts of followers in Mahila Battalion, shall be as under:- Height: 5'-2 3/4" (157 cms) 5'-2" (155cms)for Gorkha/Garhwalies/Kumaoti/ Dogras/ and Marathas. 5'-l 1/2" (154 cms) for Adhivasis. The conditions regarding age limit and educational qualifications shall remain same as (those mentioned in clauses (a) above) laid down in sub-rule (a) above. (Inserted vide GSR-783 dated 8.10.88) (Ex service- men who are of exemplary or very good character may be enlisted not-withstanding that they are over 23 years of age provided they are under 30 years of age and are otherwise suitable for enlistment. 10 (f) Exception to any of these qualifications may be made with the prior approval of- (i) The Miiiistry of Home Affaris in the case of any Superior officer. (ii) The Inspector Gemeral in the case of a Subedar Major or Subedar(Inspector), and (iii) The Deput y Inspector General in the case of any other member of the Force. (substituted vide GSR 135 dated 24.1.1967) (g) The Commandant may at his discretion enlist as enrolled Followers persons who have attained the age of 18 years but not more than 40 years provided they are medically fit. (h) The upper age limit prescribed may be relaxed in the case of candidates belonging to the scheduled castes, the scheduled tribes and of special categories of persons in accordancee with orders issued from time to time by the Central Government. (GSR 1673 dated 17.12.77) 12. Health Certificate: No candidate shall be enrolled unless he obtains a health certificate in the prescribed form CRP-I signed by Medical Supdt. and Staff Surgeon, Central Reserve Police Hospital, Neemuch, or by a Civil Surgeon or by a Recruiting Medical officer. 13. Recruiting Roll: Every member of the Force shall sign, or if illiterate place his thumb impression mark on the agreement in Form CRP-I. This form on completion shall be attached to the Character and Service Roll of the member of the Force concened. 14. Verification: (a) As soon as a man is enrolled, his character, antecedents, connections and age shall be verified in accordance with the procedure prescribed by the Central Govemnent from time to time. The verification Roll shall be sent to the Distt. Magistrate or Dy. Commissioner of the Distt. of which, the recruit is a resident. (b) The Verification Roll shall be in CRP Form-25 and after verification shall be attached to the Character and Service Roll of the member of the Force concerned. (c) The Commandant may waive verification in the case of men who.have been enrolled in the Force within six months of their discharge from the regular Army. 11 15. Plural Marriages: No mmber of the Force who has wife living shall contract any other marriage without first obtaining the permission of the Government not-withstanding that such subsequent marriage is permissible under the personallaw for the time being applicable to the member of the Force. 16. Period of Service: a) All members of the Force shall be enrolled for a period of three years. During this period of engagement, they shall be liable to discharge at any time on one month's notice by the appointing authority . At the end of this period those not given substantive status shall be considered for quasi-permanency under the provision of the Central Civil Services (Temporary Service) Rules, 1965. Those not declared quasi-permanent under the said rules sha ll be continued as temporary Government employees unless they claim discharge as per schedule to the Act. Those who are temporary shall be liable to discharge on one month's notice and those who are quasi-permanent shall be liable to discharge on three month's notice in accordance with the said rules, as amended from time to time. (substituted vide GSR 204 dated 17.2.1960) (b) Should the Central Government decide at any time to disband the Force or any part of it either before termination of the period for which a member of the Force is enrolled or at. any time thereafter, he shall be liable to discharge, without compensation from the date of disbandment. (c) No member of the Force shall withdraw from the duties of his office without the express permission of the Commandant of all accredited gazetted officer. (d) (1) The appointing authority may, during the period of initial appointment of a member of the Force appointed under section 4 of the Act, permit him, for good and sufficient reason, to resign from the Force with effect from such date as may be specified in the order accepting his resignation: (2) The appointing authority may refuse to permit a member of the Force to resign if any emergency has been declared in the country either due to internal disturbances or external aggression. (substituted vide GSR 235 dated 10.3.1973) (e) The appointing authority may give substantive status to such members of the Force as are found suitable in all respects. 17. Discharge: Subject to the provisions of the schedule appended to the Act. any member of the Force shall at any time before he has completed three months service or after the completion of the full period of service for which he is engaged be entitled to calim his discharge from the Force by applying to his appointing authority through proper channel. 17.A RECOVERIES OF RESIGNATION AND DISCHARGE: 12 A member of the Force seeking resignation under rule 16 or discharge under rule 17 from service shall be required to refund to the Government a sum equal to three months pay and allowances received by him or her prior to the resignation or discharge, as the case may be or the cost of training imparted to him or her in the Force whichever is higher: Provided that in the case of a member of the Force seeking discharge from service under rule 17 within the period of three months from the date of enrolment the sum equal to three months pay and allowances shall be calculated with reference to three months pay and allowances which would have been received but for discharge: Provided further that a member of the Force tendering resignation or seeking discharge from service for accepting a job under the Central or State Governments or local bodies, after having been refund the sum as provided herein above. (Inserted vide GSR No.450 dated 14.10.95) 18. Discharge Certificate: Every member on leaving the Force shall be entitled to a discharge Certificate in the prescribed form CRP-26. 19. Travelling allowance to men discharged at their own request: (a) Any member of the Force who claims his discharge on completion of his initial period of engagement or any time thereafter shall on being discharged be entitled to receive one single railway fare of the class to which he is entitled under the rules applicable to servants of the Central Government from the place of his discharge to the railway station nearest to his home. (b) Any member of the Force entitled to be discharged at his own request, but who cannot be discharged owing to the exigencies of the service, shall retain his title to the above concession when the discharge is effected. 20. Travelling Allowance admissible to men discharged otherwise than at their own request: (1) Any member of the Force discharged otherwise than at his own request shall be entitled to a free railway pass of the class to which he is entitled under the rules applicable to servant of the Central Government to the railway station nearest to his home. In the case of a member of the Force discharged for inefficiency the grant of the concession shall be subject to the condition that the Commandant is satisfied that the inefficiency is not due to wilful negligence. This concession shall not be admissible to a person discharged for misconduct. .(2) Notwithstanding anything contained in sub-rule (1), the Commandant may, where he considers it necessaryy to do so for the purpose of maintaining and preserving discipline in the unit of Sub-Unit to which the member released from the Quarter Guard belongs, make an exception and issue a free railway pass to such member as mentioned in sub rule (1) (Sub-rule (2) inserted vide GSR 149 dated 5.2.1972) 21. Travelling allowance admissible to members of his family in the event of member of the Force being declared medically unfit: 13 If a member of the Force has his family residing at a place which is the Headquarters of the Force prior to his having been declared a medically unfit he shall also be entitled to a free railway pass of the same class to which he is entitled for each and every member of his family (as defined in Fundamental Rules), from the headquarters of the Force to the railway station nearest to his home. 22. Legal Privileges and Powers of member of the Force: Regular Army Officers appointed to the Force shall be entitled to all the legal privileges enjoyed by Police Officer. CHAPTER IV.ORGANISATION OF A BATTALION 23. Organisation: (a) The organisation of the Battalion shall be as follows:- (1) Head Quarters Company C2) Four Service Companies or more as sanctioned by the Central Government. (b) Head Quarters Company-The Head. Quarters Company shall be composed of the following:- (1) Administrative; (2) Quarter Master's Branch; (3) Educational; (4) Transport; (5) Training; and (6) Tear Smoke platoon. (c) The strenght of the platoon shall be as follows:- (1) Administrative Platoon: 1 Commandant, 1 Assistant Commandant, (Second- in- Command), 1 Subedar Major (Inspector) 2 Sub Inspector for Civil Investigation and police Liaison 3 Head Constables, 3 Naiks, 1 Lance naik, 29 Constables 41 (2), Quarter Master's Platoon: 1 Quarter Master (Deputy Superintendent) 1 Sub Inspector 5 Head Constables 5 Naiks 1 Lance Naik 14 33 Constables. 46 This Branch includes Technical Section and Lines Police and Hygiene Section. (3) Educational Platoon: 1 Sub Inspector 3 Head Constables 4 Naiks 1 Constable 9 (4) Transport Platoon: 2 Sub Inspector includes M.M. 5 Head Constables 16 Naiks
4) Transport Platoon: 2 Sub Inspector includes M.M. 5 Head Constables 16 Naiks 5 Lance Naiks 36 Constables. 64 It contains workshop staff, mechanic and motor drivers. Deleted (6) Training Platoon: 1 Asstt. Commandant (Adjutant) 1 Sub Inspector 9 Head Constables 6 Naiks 3 Lance Naiks 8 Constables 46 Recruits 74 (7) Two Tear Smoke Platoons: 2 Sub Inspector 4 Head Constables 2 Naiks 15 4 Lance Naiks 40 Constables 52 The headquarters Company shall, ordinarily be commanded by the Assistant Commandant. 24. Service Companies: (a) There shall ordinarily bc four service Companies each of which shall ordinarily be commanded by a Company Officer. _ (b) The strenglh of a company shall normally be as follows:- CompanyCommander 1 CompanySecond-in-Command Subedar (Inspector) 1 Company Comander's Orderly Constable 1 CompanySecond-in-Command's Orderly Constable 1 Company Havildar Major-Head Constable 1 CompanyQuarter Master Havildar Head Constable 1 CompanyClerk and Pay Naik 1 KotLance Naik-La nce Naik 1 Storemanand Ration Sepoy-Constable 2 CompanyOrderly Runner-Constable 1 PlatoonCommanders-Sub Inspector 3 PlatoonHavildars-Head Constables 3 Headonstable Section Commander 3(3- Pltns. Head-Constables with 1 Sec each under a Hd.const Naiks-section-Commanders-Naiks 6 SectionSecond- in-Command-Lance Naiks (3Plx3sec) 9 Constables (3Plx33Const) 99 134 The strength of 134 shall include the Company Head Quarter which shall consist of:- Company Commander 1 Company Second-in-Command Subedar 1 16 Company Hav. Major Head Constable Company Quarter Master Havildar HeadConstable Coy Clerk and Pay Naik Kote Lance Naik-Lance Naik Storeman and Ration Sepoy Constable Company Runner Constables Coy Commander!s Orderly Constable Coy Second- in-command's Orderly Constable 1 1 1 1 2 1 1 1 11 (c) The total strength of Companies and Platoons include the following number of Constables as Contingent Reserves to meet vacancies due to leave; sickness and under training: (1) Each Service Company 15 (2) Administrative Platoon 4 (3) Quarter Master!s Platoon 4 (4) Transport Platoon 4 (5) Tear Smoke Platoon 3 (6) Training Platoon Recruits 46 76 Note:- Provision has been made for a Contingent Reserve of Under Officers in the training Platoon. 25. Primary Duties of the Force: (a) Member of the Force may be employed in any part of Indian Union for the restoration and maintenance of law and order and for any other purpose as directed by the Central Government. (b) Superior Officers and other Police Officers on deputation with the Force shall ordinarily not be employed on work connected with the investigation or prosecution of cases. If and when these officers are employed on the duties they shall normally be relieved of the command of Companies or detachments and the approval of the Deputy Inspector General shall be obtained. CHAPTER-V TRAINING 26. Standard of Training: 17 (a) The Deputy Inspector General shall issue a manual prescribing the standard of training. (b) The training shall include the following subjects:- 1. Correct weariong of uniform i.e. clothing and accountrements. 2. Ceremonial Drill and Guard mounting. 3. Squad. Platoon. Company and Battialion Drill and extended ordcr movements. 4. Weapon Training including Tear Smoke and Riot Drill. 5. Physical Training. 6. Education and Elementary Law. 7. Intelligence Course. 8. General Police duties excluding investigation and prosecution. 9. Wireless and Motor Transport. 10. Any other subject which may be considered desirable to be introduced in the Force. (c) The Commandant may depute any member of the Force to undergo a course of training or instruction having a bearing on the Central Reserve Police Force work conducted by the Central Governmein or the State Government or by anv training establishment of the Reserve Police Force or Army Institution or Directorate of Coordination (Police Wireless) or any other institution. Provided that in the case of Sub-Inspectors, Inspectors. (Subedars) and Gazetted Officers, the Commandant shall obtain the prior permission of the Deputy Inspector General, the Inspector General and the Cevtral Government respectively. (substituted vide GSR 1426 dated 26.10.1962 resubstituted vide GSR 559 dated 11.3.66) (d) The period of training shall be treated as duty for the purposes of F.R. 9 (6) (b) (i). (substituted vide GSR 1426 dated 26.10.1962) 26.A Refund of expenses incurred on training - inserted vide GSR 529 dated 4.5.60 but deleted vide GSR 559 dated 11.3.96. CHAPTER - VI - DISCIPLINE 27. Procedure for the Award of Punishments: 18 (a) The Punishments shown as items 1 to 11 in column 2 of the table below may he inflicted on non-Gazetted Officers and men of the various ranks shown in each of the headings of columns 3 to 6, by the authorities named below such headings under the conditions mentioned in column 7: ((GSR-631 dtd. 27/8/83) TABLE Sl.no Punishment Insp SI Other Const & Remark Except enrolled Const & followers Followers 1 2 3 4 5 6 7 1 Dismissal or removal DIGP DIGP Comdt Comdt from the force 2 Reduction to a lower DIGP DIGP Comdt Comdt time-scale of pay, grade post or service 3 Reduction to a lower DIGP DIGP Comdt Comdt stage in the time scale of pay for a specified period 4 Compulsory retirement DIGP DIGP Comdt Comdt 5 Fine of any amount not DIGP DIGP Comdt Comdt exceeding one month's pay and allowance 6 Confinement in the Q/G - - - Comdt exceeding seven days but not more than 20 days with or without punishment drill of extra guard fatigue or other duty. Sl.no Punishment Insp SI Other Const & Remark Except enrolled Const & followers Followers 1 2 3 4 5 6 7 7 Stoppage of increment DIGP DIGP Comdt Comdt 8 Removal from any office DIGP DIGP Comdt Comdt To be inflicte d after formal DE sl.no.1 to 7 19 of distinction or special emoluments in the force 9 Censure Comdt Comdt A/C A/C 10 Confinement to Q/G - - - Comdt for not more than 7 days with or without punishment or extra guard fatigue or other duty 11 Confinement to Q/lines, - - Comdt camp, punishment drill, fatigue duties etc for a term not exceeding one month (GSR-75 G/1 26.1.80) Note:1 When the post of Deputy Inspector General remains unfilled for a period ofover one month at a time the Commandant shall exercise the powers of punishing the Subedar and Sub Inspectors except the powers of ordering dismissal or removal from the force. Note:-2 When the post of Commandant remains unfilled for a period of over one month at a time consequent on the incumbent proceeding on leave or otherwise, the Assistant Commandant shall exercise the powers of punishment vested in the Commandant, except the powers of ordering dismissal or removal from the Force.' (sub rule (a) and table substituted vide GSR 47 dated 5.1.67. (GSR 75 dated 14.1.80 and (GSR 631 dated 10.8.83) Explanation:- Dismissal of member of the Force precludes him from being re-employed in Government service while removal of any such member from the Force shall not be disqualification for any future employment (other than an employment in the Central Reserve Police Force) Under the Government. (b) When non-gazetted officers or men of the various ranks are to be punished for any offence; a departmental enquiry, if necessary under clause(a) shall be held by the Commandant provided that when the charge is against an officer of the rank of Subedar(Inspector) or Sub-Inspector the enquiry shall be held by an authority to be designated for the purpose by the Deputy Inspector General. Where the officer conducting the enquiry in the case of a Subedar(Inspector) or a Sub-Inspector considers that a punishment under items (1) to (5) and (7) of the Table is called for,he shall complete the departmental proceedings and forward the same to the Deputy Inspector General for orders.(GSR 631 dated 27.8.1983) (c) The procedure for conducting a departmental enquiry shall be as follows:-May be inflicted without formal DE sl.no.8 to 11 20 (1) The substance of the accusation shall be reduced to the form of a written charge which should be as precise as possible. The charge shall be read out to the accused and a copy of it given to him at least 48 hrs. before the commencement of the enquiry. (2) At the commencement of the enquiry the accused shall be asked to enter a plea of Guilty or Not Guilty after which evidence necessary to establish the charge shall be let in. The evidence shall be material to the charge and may either be oral or documentary, if oral: (i) it shall be direct: (ii) it shall be recorded by the Offcer conducting, the enquiry himself in the presence of the accused: (iii) the accused shall be allowed to cross examine the witnesses. (3) When documents are relied upon in support of the charge, they shall be put in evidence as exhibits and the accused shall, before he is called upon to make his defence be allowed to inspect such exhibits. (4) The accused shall then be examined and his statement recorded by the officer conducting the enquiry. If ihe accused has pleaded guilty and does not challenge the evidence on record, the proceedings shall be closed for orders. If he pleads "Not guilty". he shall be required to file a written statement and a list of such witnesses as he may wish to cite in his defence withins such period, which shall in any case be not less than a fortnight, as the officer conducting enquiry may deem reasonable in the circumstances of the case. If he declines to file a written statement, he shall again be examined by the officer conducting the enquiry on the expiry of the period allowed. (5) If the accused refuses to cite any witnesses or to produce any evidence in his defence, the proceedings shall be closed for orders. If he produces any evidence the officer conducting the enquiry shall proceed to record the evidence. If the officer conducting the enquiry considers that the evidence of any witness or any document which the accused wants to produce in his defence is not material to the issues involved in the case he may refuse to call such witness or to allow such document to be produced in evidence, but in all such cases he must briefly record his reasons for considering the evidence inadmissible. When all relevant evidence has been brought on record, the proceedings shall be closed for orders. (6) If the Commadant has himself held the enquiry, he shall record his findings and pass orders where he has power to do so. If the enquiry has been held by any officer other than th e Commandant, the officer conducting the enquiry shall forward his report together with the proceedings to the Commandant who shall record his findings and pass order where he has power to do so. 21 (7) DELETED vide GSR 75 dated 26.1.80 (cc) Notwithstanding anything contained in this rule: Where any penalty is imposed on a member of the Force on the ground of conduct which has led to his conviction on a criminal charge: or (ii) Where the authority competent to impose the penalty is satisfied for reasons to be recorded by it in writing tht is not resonable practicable to hold an enquiry in the manner provided in these rules: or (iii) Where the Director General is satisfied that in the inetrest of security of the State, it is not expedient to hold any enquiry in the manner provided in these rules, the authority competent to impose the penalty may consider the circumstances of the case and make such order theron as it deems fit. (ccc) When a member of the Force has been tried and acquitted by a criminal court, he shall not be punished departmentally under this rule on the same charge or on a similar charge upon the evidence cited in the criminal case, whether actually led or not except with the prior sanction of the Inspector General. (Inserted vide SO 3117 dated 15.7.71) (d)(1) Where two or more members of the Force, including those on deputation to the Force are concerned in any case, the Inspector General or any authority competent to impose the penalty of dismissal from service on all such members of the Force may make an order directing that disciplinary action against all of them may be taken in a common poceeding. (GSR 60 dated 20.10.71 and GSR 1056 dated 13.12.86) Note- Where in such a proceeding, the misconduct of a depuiationist is to be dealt with, the consent of the disciplinary authority competent to impose the penalty of dismissal shall be obtained for the taking of such a disciplinary action. (2) such order shall specify- (i) the authority which may function as the disciplinary for such a common proceediiig; (ii) the penalties specified in the table of sub-rule (a) above which such disciplinary authority shall be compet
(ii) the penalties specified in the table of sub-rule (a) above which such disciplinary authority shall be competent to impose; (iii) whether such disciplinary aut hority shall hold the Departmental enquiry himself or may designate any other enquiry officer for that purpose; and, (iv) that the enquiry shall be held in accordance with the provisions of sub rule (a) and sub rule (c)". 22 27. A. Suspension: The suspension of any of the non- gazetted officers and men of the ranks specified in column (1) of the Table below may be ordered pending enquiry into any serious misconduct against such person by the authority specified against his rank in column (2) of the said table. Rank Authority empowered to suspend 1 2 (1) Subedar(Inspector) (1) Commandant (2) Sub-Inspector (2) In the absence of Commandant. Asstt Comdt Incharge at Detachment or Headquarters. (3) Others Any Gazetted Officer of the department. (Inserted vide GSR 47 dated 5.1.67) 27B. Responsibilities of Members of the Force during suspension: (1) A member of the Force shall not by reason of his suspension cease to be a member of the Force, during the period of his suspension, the powers vested in him as such member shall be in abeyance, but he shall be subject to the same responsibilities, discipline and penalties to which he would have been subject if he were on duty. (2) Every such member shall during the period of his suspension stay at Battalion Headquarters or Detachment Headquarters as the Commandant or suspending authority may direct: Provided that the Commandant or suspending authority may, for special reasons, grant permission in writing to the member to stay else-where. (3) A member under suspension shall deposit his arms and belt, if any, with the Quarter Master or suspending authority. (4) A member under suspension shall not be employed on guard duty or any such duty which might entail exercise of his power as a member of the Force, nor shall be issued arms and ammunition. He shall not be detailed as motor transport driver or signal operator. (5) A member of the Force under suspension shall be allowed reasonablefacilities for the preparation of his defence. 23 (Inserted vide MHA: Notification No. 3/8/59-Pll dated 31.1.59) 28. Appeal: (a) Every subordinate officer or every officer of any other rank below him including all enrolled follower agaiiist whom an order under serial numbers 1 to 7 of the (table in rule 27 or under clauses (d) and (e) of Section 13 is passed is entitled to prefer one appeal against such order to the Inspector General, if the original order was passed by the Deputy Inspector General and to the Deputy Inspector General if the original order was passed by the Commandant. (b) No appeal shall lie a,,,against an order by the competent authority inflicting any of the punishments mentioned in:- (1) Serial Nos. 8 to 11 of the Table in rule 27-. (GSR No. 631 dated 27.8.1983) (2) Clauses (a), (b) and (c) of Section 13, (3) Against an order discharging recruit before the termination of his period of training (G.S.R. No 631 dt 27-8-1983) (c) Every appeal preferred under these rules shall contain all material statements and arguments relied upon by the person preferring the appeal. It shall contain no disrespectful or improper language or irrelevant allegations and it shall be complete in itself. (Substituted vide GSR 1618 dated 29.10.76) (d) Every appeal, whether the apellant is still in the Force or not shall be preferred through the Commandant and shall not be sent direct to the appellate authority. (e) An appeal which is not filed within 30 days of the date of the original order, exclusive of the time taken to obtain a copy of the order or record, shall be barred by limitation: Provided the appellate authority may entertain time barred appeal if deemed fit, (f) The Commandant may withhold an appeal to the Inspector General or Deputy Inspector General in cases-.- (1) Where under these rules no appeal lies, (2) Where the appeal does not comply with the provisions of sub rules (c), (d) or (e) above. 24 (3) Where it is a further appeal presented after a final decision has been given by the competent appellate authority and no new facts have been brought out necessitating reconsideration of the case: Provided that in every case in which an apeal is withheld the person preferring the appeal shall be informed of the fact together with brief reasons there for; (g) No appeal shall lie against an order with holding of an appeal by a competent authority: Provided that in cases of failure to comply with the conditions stated in sub-rules (c) or (d) above, the appeal shall not. be withheld if it is preferred again in the prescribed form in conformity with the rules and is not time barred. (h) A quarterly statment of all appeals withheld with brief reasons in respect of each appeal shall be funiished by the Commandant to the Deputy Inspector General. 29. Revision: (a) A member of the Force whose appeal has been rejected by a competent authority may prefer petition for revision to the next Superior Authority. The power of revision may be exercised only when in consequence of some material irregularity, there has been injustice or miscarriage of justice or fresh evidence is disclosed. (b) The procedure prescribed for appeals under sub rules (c) to (g) of rule 28 shall apply mutatis mutandis to ptitions for revision. (c) The next superior authority while passing orders on a revision petition may at its discretion enhance punishment, Provided that before enhancing the punishment the accused shall be given an opportunity to show cause why his punishment should not be enhanced: Provided further that an order enhancing the punishment shall for the purpose of appeal. be treated as an original order except when the same has been passed by the Government in which case no further appeal shall lie and an appeal against such an or.er shall lie. (i) to the Inspector General if the same has been passed by the Deputy Inspector General: and (ii) to the Director General, if the same has been passed by the Inspector General , and (iii) to the Central Government, if the same has been passed by the Director 25 General. (second proviso substituted vide GSR 476 dated 22.4.80) (d) The Director General or the Additional Director General or the Inspector General or the Deputy Inspector General may call for the records of award of any punishment and confirm, enhance, modify or annul the same, or make or direct further investigation to be made before passing such order: (GSR 784 dated 8.10.88) Provided that in a case in which it is proposed to enhance punishment, the accused shall be given an opportunity to show cause either orally or in writing as to why his punishment should not be enhanced. (G.S.R. No-476 dt 22.4.80) 30. Petitions: A Subordinate Officer or an officer of any other rank below him including an enrolled follower who has any grievance may present a petition subject to the condition that it should be addressed to the officer of the lowest rank who is empowered to pass the desired order. 31. Desertion and Absence without leave (a) If a member of the Force who becomes liable for trail under clause (f) of Section 9, or clause (m) of section 10 or for deserting the Force while not on active duty under clause (p) of section 10 read with clause (f) of Section 9, does not return of his own free wi11 or is not apprehended within sixty days of the commencement of the desertion, absence or overstayal of leave, then the Commandant shall assemble a Court of Inquiry consisting of atleast one Gazetted Officer and two other members who shall be either superior or subordinate officers to inquire into the desertion, absence or overstayal of leave of the offender and such other matters as may be brought before them. (b) The Court of Inquiry shall record evidence and its findings. The Court's record shall be admissible in evidence in any subsequent proceedings taken against the absentee. (c) The Commaiidant shall then publish in the Force Order the findings of the Court of Enquiry and the absentee shall be declared a deserter from the Force from the date of his illegal absence, but he shall not thereby cease to belong to the Force. This shall. however be no bar to enlisting another man in the place of a deserter. 32. Orderly Room: 26 (a) Report of petty cases of misconduct and indiscipline should as far as possible be inquired into and disposed off in Orderly Room by an officer authorised to award petty punishment under Sub-Section (3) of Section II read with rule 27 to any member of the Force who is for the time being subject to his authority. Inquiries in the Orderly Room shall be held on two or more fixed days in a week. (b) If the offence calls for more severe punishment than the officer dealing with it is authorised to inflict, he shall- (1) If at Headquarters, have the accused brought before the Commandant: (2) If away from Headquarters forward the record with his recommendations to the Commandant for order. (3) Proceedings of such inquiries shall be recorded in the Orderly Room Register. 33. Entry of Punishment in Service Roll: A punishment whether judicial or departmental shall be entered in the service roll of the offender. 34. Report on Judicial Proceedings: The Commandant shall submit a brief to the Deputy Inspector General on every case in which a Member of the Force has been convicted by a Court of Law. 35 Loss or Damage to Arms, Ammunition and Property: (1) In all cases of loss or serious damage to arms, ammunition or other Government property, where such loss or damage exceeds Rs. 100/- in the case of arms and ammunition, and Rs. 500/- in the case of other Government property, the Commandant shall assemble a Court of Inquiry consisting of the Assistant Commandant (if available) or the senior superior officer present. as the president and two superior or subordinate officers as members. (2) The Court shall inquire into the case, record evidence and submit finding in Form A.F.A. 2 to the Commandant. (3) On receipt of the findings under sub rule (2), t he Commandant may if the total value of the loss or damage does not exceed Rs. 1000/- pass orders fhat the loss or damage be written off. (4) If the total value of the loss exceeds Rs. 1000/- but does not exceed Rs. 2000/- the Commandant shall submit the findings to the Deputy Inspector General of Police who may pass orders for writing off such loss or damage. 27 (5) If the total value of the loss exceeds Rs. 2000/-, the Commandant shall submit the findings through the Deputy Inspector General of Police to the Inspector Ceneral of Police or the Director General as the case may be, within the competence of such authority, as provided for in the Delegation of Fina ncial Power rules or other orders as may be notified from time to time who may pass order for writing of such loss or damage. (6) In case of loss or damage to arms and ammunitions or other Government porperty where such loss or damage does not exceed Rs. 100/- in the case of arms and ammunition and Rs. 500/- in the case of other Government property, it shall be dealt with by the Commandant in the orderly room after a summary enquiry by a Gazetted officer.' (GSR-476 dt. 3.5.80) 36. Judicial Trials- (a) All trials in relation to any one of the offences specified in Section 9 or'Section 10 shall be held in accordance with the procedure laid down in the Code of Criminal Procedure, 1898. (1973) (b) All persons sentenced to imprisonment under the Act shall be confined in the nearest jail. Provided that if the sentence of imprisonment is for one month or less, or where the Commandant is satisfied that due to the difficulty of transport and escort of the person sentenced to imprisonment, to the nearest jail, it is so desirable, such persons shall be confined inthe Quarter Guard of the Force. 36A. Prescribed Authority with Reference to the Proviso to Sub Section (2) of Section 16: For the purpose of the proviso to sub-section (2) of Section 16, the authority who may direct inquiry into, or trial of an offence by an ordinary criminal court referred to in that proviso shall be the Commandant. (Inserted vide GSR-1076 dated 6.11.58) CHAPTER VI-A PLACE OF TRIAL AND ADJUSTMENT OF JURISDICTION OF ORDINARY COURTS 36B. Definition: For the purpose of this Chapter, "Magistrate" means a Magistrate other than the Commandant or an Assistant Commandant on whom the power of a Magistrate have been conferred under sub-section (2) of Section 16. 28 36C. Deleted vide GSR 163 dated 26-2-1983, 36D. Deleted vide GSR-544 dated 27.3.76. 36 D.D. Language to be Used in Proceeding Before Commandants and Assistant Commandants: Either English or Hindi may be used by the Commandants or Assistant Commandants while exercising the powers of a Magistrate under sub-section(2) of Section 16 for the purpose of inquiring into or trying any offence. 36E. Magistrate not to try persons subject to the Act: Where a person subject to the Act is brought before a Magistrate and charged with an offence referred to in the main paragraph of sub-section (2) of Section 16 for which he is liable to be tried such Magistrate shall not proceed to inquire into or try the offence unless:- (a) he is of opinion for reasons to be recorded that he should so proceed with out being moved thereto by the Commandant; or (b) he is moved thereto by the Commandany. 3
proceed with out being moved thereto by the Commandant; or (b) he is moved thereto by the Commandany. 36F. Magistrate to give notice: Before proceediiigs under clause (a) of rule 36- E. the Magistrate shall give written notice to the Commandant and until the expiry of a period of twenty-one days from the date of the service of such notice he shall not- (a) convict or acquit the accused under section 243. Section 245, section 247 or section 248 of the code of Criminal Procedure. 1898 (5 of 1898)- 1973 or hear him in defence under section 244 of the said code, or (b) frame in writing a charge against the accused under section 251 A or section 254 of the said code: or (c) make an order committing the accused for trial by the High Court or the Court of Sessions under section 207 A or section 213 of said Code: or (d) transfer the casc for enquiry or trial under section 192 of the said Code. 36G. Magistrate to stay proceedings : (Inserted vide GSR-373 dated 23.2.68 but DELETED vide GSR No. 163 dated 26.2.83) 36H. Magistrate to be informed of the trial of the accused: 29 (1) When an accused person has been delivered by the Magistrate, the Commandant or Assistant Commandant, as the case may be shall, as soon as may. inform the Magistrate whether the accused has been tried by him or any other effectual procecdings have been taken or ordered to be taken against the accused or not. (2) When the Magistrate has been informed under sub rule (1) that the accused has not been tried or other effectual proccedings have not been taken or ordered to be taken against him the Magistrate shall report the circumstances to the State Government which may in consultation with the Central Government take appropriate steps to ensure that the accused person is dealt with in accordance with law. 36I. Procedure where in accused person is to be tried bv a Magistrate: Deleted vide (GSR 163 dated 26.2.83) 36.J Commandant to deliver the accused to the Magistrate: When person subject to the Act has committed an offence which is in the opinion of the Commandat is to be tried by a Magistrate in accordance with the law in force, the Commandant shall after giving written notice to the Magistrate concerned deliver such person under proper escort to the Magistrate. (Chapter VI Ainserted vide GSR 373 dated 23.2.68) CHAPTER VII - INTERNAL MANAGEMENT 37. Character and Service Roll: The Commandatn shall maintain: (a) Character and Service Roll iii Form CRP-2 for each Subordinate Officer, Under Officer and Constable. (b) Service Roll in Form C.A.C 10-C for each enrolled follower. Form CRP-1 shall also be attached to the Service Roll of each enrolled Follower. 38. Clerical Staff - Omitted vide GSR-605 diled 18.4.61 39. System of Accounts: The account of the Force shall be maintain in accordance with the rules contained in the Uttar Pradesh Police Manual.The contingent and other charges pertaining to the Force are subject to the provisions of the Chapter and Appendix relating to contingencies in the General Financial Rules. All transactions shall be subject to the audit of the Account General concerned. 30 SUPCHAPTER VIII-PAY, ALLOWANCES, PENSION, ERANNUATION AND FINANCIAI, POWERS 40. Scale of pay and Allowances: The existing rates of Pay and allowance are as showan in Appendices D and E. 41. Free Accommodation: All members of the Force other than superior officcrs who are required to reside at or near the place of their duty for the proper discharge of duty shall be provided with rent free accommodation or house rent allowance in lieu thereof limited to the actual amount or house rent paid by the member concerned subject to a maximum of 10 percent of pay. and subject to the conditions that they engage accommodation which in the opinion of the controlling authority is conveniently near to the premises in which their regular duties have to be perfomed. 42. Pension: (a) Pensions and gratuities for service in the Force shall beregulated according to the provisions conitained in Chapter XV to XXI and XLVII aiid XLVIII of the Civil Service Regulation as may be amended from time to time and and the new Pension Rules promulgated by the Government of India in the Ministry ol Finance Memorandum No. F.3(1)E (spl)/47. dated the 17th April, 1950 as may be amended from time to time . (b) Pensions and gratuity to enrolled followers for service in the Force shall the governed by provisions contained in the Central (Class IV) Services (Gratuity, Pension and Retirement) Rules, 1936 and the New Pension Rules published in the Government of India in the Ministry if Finance Memorandum F. 3(i) (spi)-47 dited the 17th April, 1950, as may be amended from time to time. 43. Superannuation: (a) Retirement of member of the force Force shall take effect from the afternoon of the last day of the month in which such member attains the age of 57 years (amended vide GSR 272(E) dated 26.5.98) (b) The provision of column (a) shall not be applicable for a member of the force which is on extension in service on the date of coming into the Force of the CRPF (Amendment Rules) 1998 (Substituted vide GSR 272(E) dated 26.5.98) Provided further in all such cases prior approval of the Gove rnment in case of Superior Officers, of the Inspector General in the case of Subordinate as well as Under 31 Officers and of the Deputy Inspector General in the case of other member of the Force except enrolled Followers in whose case approval of the Commandant shall be obtained. (substituted vide GSR 480 daled 9.4.77) (c) Notwithstanding anything contained in this rule (i) The appointing authority shall, if it is of opinion that it is in the public interest to do so, have absolute right to retire any member of the Force who has attained the age of 50 years or put in 25 years of qualifying service, by giving notice of not less than 3 months in writing or 3 months pay and allowances in lieu of such notice. (ii) Any member of the Force may by giving notice of not less than 3 months in writing to the appointing authority reitre from service after he has attained the age of 50 years or put in 25 years of qualifying service. (d) (i) any member of the Force who has put in not less than 20 years of qualifying service may, by giving notice of not less than 3 months in writing to the appointing authority, retire from service voluntarily and unless the exigencies of service require otherwise, he shall be permitted to retire. (ii) the benefit of retiring pension shall be admissible to the member of Force retiring under clause(i): (iii) a notice of less than 3 months may also be accepted by the appointing authority in appropriate cases on the condition that the Government servant shall not apply for Commutation of a part of his pension before the expiry of the period of 3 months. (substituted vide GSR 690 dated 27.7.85) (iv) a notice of voluntary retirement may be withdrawn with the approval of the appointing authority, provided the request for such withdrawal is made before the expiry of the period of notce. (v) before a member of the Force gives notice of voluntary retirement with reference to this sub-rule, he should satisfy himself by means of a reference to the appropriate administrative authority that he has, in fact completed 20 years of service qualifying for pension. (vi) a notice to retire voluntarily under clause(i) after completion of 20 years of qualifying service shall require acceptance by the appointing authority if the date of retirement on the expiry of the period notice would be earlier than the date on which the member of the Force concerned could have retired under sub-rule (a). Such acceptance may be generally given in all cases except where: (a) any disciplinary proceedings are pending or contemplated aginst the member of the Force concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from the service would be warranted in the case; or 32 (b) any prosecution is contemplated or may have been launched in a court of law against the member of the Force concerned: provided that- (i) in cases, referred to in item(a) and item(b) above, approval of the Government in the case of Superior Officers, of the Inspector General in the case of Subordinate and Under Officers, of the Deputy Inspector General in the case of other member of the Force except enrolled followers and the Commandant in the case of enrolled followers shall be obtained; (ii) in other cases, acceptance by the appointing authority may be presumed and the retirement of the member of the Force concerned may take effect in the terms of the notice, unless the appointing authority passes an order to the contrary before the expiry of the period of notice. (vii) and (viii) omitted vide (GSR 690 dited 27.7.85) (ix) The weightage admissible under clause (i) of sub rule (c) shall only be an additon to the qualifying service for purpose of pension and gratuity, but shall not entitle the member of the Force retiring voluntarily to any notional fixation of pay for for purpose of determining the pension and gratuity based on the actual emoluments calculated with reference to the date of retirement. (Sub-rule (c) (d) added vide (GSR-636 dt 14.6.80) (e) (i) The qualifying service on the date of intended retirement of a member of the Force retiring under rule 43(c)(ii) or Rule 43(d)(i) with or without permission shall be increased by the period not exceeding five years, subject to the conditions that the total qualifying service rendered by him does not in any case exceed thrity three years and it does not take him beyond the date of superannuation. (ii) The weightage of five years under clause(i) shall not be admissible in cases of those member of the Force who are prematurely r etired in the public interest under rule 43(c)(i) . (Inserted vide GSR-690 dated 27.7.85) 44. Special Pay If any member of the Force has rendered exemplary and outstanding service, any special pay earned by him during the period of his service in the Force, may be treated wholly or partly as emoluments for the purpose of Pension in accordance with the order sanctioning the special pay, the case shall be referred for orders to the Government who shall decide each case on its own merits. (Special pay (1) for pay fixation on promotion is governed by Govt. of India!s decision No.2 below FR 19(2) Article 486 of the CSR governs counting for pension) 45 Officiating Pay: 33 The pay of the members of the Force officiating in the rank or grade other than their substantive appointment shall be regulated in accordance with the Fundamental Rules as may be amended from time to time. 46. Pay and allowances on Detachments and under Training: (a) Subject to conditions set forth against items 1 and 2 of Appendix B. advance of travelling allowance and pay may be granted by the Commandant to members of the Force when proceeding on detachment duty. (b) All ranks shall be entitled to draw travelling allowance under the Supplementary Rules as amended from time to time when proceding to or returning from duty. Railway warrants shall be used by all ranks up to the rank of Subedar (Inspector). (c) While on duty all ranks shall draw daily allowance under Supplementary Rules 51 read with Supplementary Rules 71 aiid 73 subject to the provision that normally daily allowance shall be reduced to 3/4 rates after the first 10 days and to half rates after the next 20 days. (d) The Inspector General is competent to define the limits of the sphere of duty of any detachment sent outside the Headquarters of the Force or to fix the entire area of a State (as defined in the Constitutio n of India) or part of a State as the temporary Headquariers of a detachment posted outside the Headquarters. (e) Whenever a detachment of the Force is sent out to a station away from the Headquarters of the Force with the result that it requries arrangement for the encashment of bills for the pay, allowances, etc. of the members of the detachment from the Government Treasury nearest to the place where the detachment is stationed, a reference may be made through proper channel to the Government of India in the Ministry of Home Affairs so that arrangements for such encashment may be made in case no other satisfactory arrangements are feasible. (f) In accordance with the Supplementary Rule 164, all ranks shall draw daily allowance at the under mentioned rates, while deputed to undergo a course of training or instruction:- GAZETTED AND SUBORDINATE OFFICERS (1) Al full rate for the first ten days. (2) At 3/4th rate for the next twenty days. (3) Al 1/2 rate for the rest of the period. ALL OTHERS; (4) At full rate of the entire period of their stay. 47. Free transport on enlistment: 34 On enrolment, a member of the Force is entitled to a free railway pass from the railway station nearest to his home or place of enrolment to Headquarters of the Force. 48. Recruit's Sutbsistence Allowance: A consolidated allowance not exceeding Rs. 6/- may be paid by the enrolling officer to recruiter for each recruit produced for enlistment. The payment is intended to cover the travelling expenses of the recruiter, and the recruit and the subsistence allowance of the recruit, upto the time of the recruit!s approval or rejection. This is not a reward, and is subject to the recruit being of the required standard, and the actual expense being incurred. 49 Discharge of Head Constable, Naiks and Constables on pension or
actual expense being incurred. 49 Discharge of Head Constable, Naiks and Constables on pension or superannuation - Ommitted vide MHA Notification No. F.2/3/61-P.II dated 7.12.61 50. Death of Member of Force: (1)In the event of a member of the Force dying while on duty the members of his family shall, besides the fares, for their transport to their home town, be also eligible to transfer grant a nd transfer incidentals, including the actual cost of transporting the personal effects and conveyance of the same rate as are admissible to a Government servant on transfer under S.R 1169GSR 1391 dated 24.11.79) (2) The Government servant shall also pay, subject to the maximum limit of Rs.250/-(Rupees two hundred and fifty) (Now Rs.500/-) funeral expenses when any member of the Force(other than a Superior Officer) dies at the headquarters of the Force or on active duty. (substituted vide GSR 1391 (dated 24.11.79 and re-substituted vide GSR 749 dated 15.10.93) 51. Former military service and military pensions: (a) Save as here- in otherwise provided the pay, allowances and pensions of Ex-service officers and men who obtain employment in the Force after being giving a military pension or gratuity or bonus shall be regulated by the appropriate rule of the Civil Service Regulations as may be amended from time to time. (b)When a military pension has been granted the pay and allowances in the Force shall be regulated under article 526 Civil Service Regulations as may be amended from time to time, or any other orders of the Government of India which may be issued in this regard. The officers and men shall continue to draw their military pensions and their previous military servie shall not count towards civil pension. If the military 35 pension of a person does not exceed Rs.15/- amonth it shall not be takne into account in fixing his pay and allowance in the Force. (c) In the case of men who have not earned a monthly military pension but are fully trained, the initial pay as Constable may be ifixed at a stage not exceeding Rs.40/- in the scale of Rs.35-1-50(pre-revised). (d) Men who were discharged from Army before earning a pension for their military service but receive bonus or gratuity in liey shall count their Military Service towards Civil Pension. Provided that the bonus or gratuity refunded in such number of monthly instalments not normally exceeding 36 and beginning from such dates as may be determined. Provided further that no instalment other than the final one should be less than Rs.3/- (e) In the case of men who may be discharged from the Force before the gratuity or bonus is recovered in full, the balance outstanding should be recovered either in a lumpsum or in suitable instalments from the gratuity or pension as the case may be that may be sanctioned for the combined military and civil service. (f) Men who received neither a monthly pension, a bonus nor gratuity shall count their approved military service towards civil pension after three years satisfactory service in the Force. Note:- "PENSION" in this clause includes the pension equivalent of gratuity or any other form of r etirement benefit. 52. Wound, injury or family pension or gratuities: All members of the Force on duty or on duty with a military force shall be entitled to wound, injury or family pensions or gratuities as laid down in Civil Service Regulations or the Central Civil Service(Extraordinary Pensio n) Rules, 1939 as may be amended from time to time. 53. Financial powers: The financial powers of the Commandant as well as of officers Commanding Detachments are given in Appendix-!B!. 53.A Rewards: The following principles shall govern the grant of rewards to the members of the Force. Rewards shall be granted only to officers and men of and below the rank of Subedar(Inspector) for- 36 (a) doing outstanding work requiring special courage, skill or initiative such as recapture of an escaped prisoner or life convicts, the arrest of a wanted criminal or in connection with the securing of informtion leading to the arrest of hostile elements or in an encounter with hostile elements or criminal etc: (b) doring work of a less outstanding nature but requiring prompt, honest and intelligent obsevance of, and obedience to, order so as to be of material assistance in any manoeuvre or operation. (c) extra hard work in connection with a big operation against hostile or lawless elements: and (d) in exceptional cases, for smartness diligence, praiseworthy attention to the publice or for any other purpose which in the opinion of the officers competent to grant the reward is calculated to promote the efficiency of the Force. Note:- (i) "General Good Work" shall not be a ground for the grant of reward. (ii) orders sanctioning reward should indicate the reasons for which they are granted. The clauses of this rule under which they are granted should also be mentioned in the order sanctioning the rewards. (iii) Rewards shall not be sanctioned on request. ( Inserted vide GSR 62 dated 31.12.65) 54. Force deductions: The Commandant is authorised to make deductions from amounts due to members of the Force in satisfaction of money owed by them to messing and other funds of the Force, provided that members of the Force are not asked to make any new contributions without the prior approval of the Inspector General. CHAPTER IX RULES FOR PROMOTION SECTION-I GENERAL PRINCIPLES 55. Merit: (a) All promotions shall be governed by merit. Other things being equal seniority shall count for promotion. For promotion, a member of the Force must be qualified and recommended by the Commandant, Assistant Commandant or Company Commander as the case may be. (b) For exceptional reasons the Commandant may promote an unqualified Head Constable to the rank of Sub-Inspector or an unqualified Sub-Inspector to the rank of Subedar(Inspector) with the prior approval of the Deputy Inspector General or Inspector General respectively, provided that such promotions in either case do not exceed ten percent of the sanctioned strength in such ranks. 37 56. Seniority: Ordinarily a senior member of the Force who is qualified and recommended shall be promoted. Any member of the Force having unsatisfactory record either from the point of view of work or conduct, may be superseded. On the other hand any member of the Force having exceptional qualification may be given accelerated promotion out of turn. 57. Determination of Seniority of Members of the Force other than the Gazetted Officers: Seniority shall depend on the date of confirmation in each rank: provided that a person whose period of probation is extended for the reasons that he is not qualified and provided further that this non-qualification is due to circumstances beyond his control, shall retain his seniority according to the date of his promotion to a rank in a clear vacancy, if he attains the necessary qualifications at the earliest available opportunity. 58. Probationary Period: An Officer promoted in permanent vacancy shall be on probation for one year in the rank to which promoted. He may be reverted at any time during the probationary period but, if not reverted shall ordinarily be confirmed on conclusion of the probationary period. In special circumstances the probationary period may be extended by the officer authorised to order the promotion. Confirmation shall count from the date on which a member of the Force is promoted on probation ina clear vacancy. IGP CRPF Order No. O.III-9/63 dated 1.2.65 In view of the instructions contained in the Office Memorandum No. F.I/10/64-Estt(d) dated the 14th January,1965 of the Ministry of Home Affairs, it is stressed that the competent authorities for confirmation and promotion in the CRP should ensure that every officer or man or clerk to be considered for promotion or confirmation is upright and honest. IGP CRP!S Nos. C.VI-I/64-65 dated 7.10.65 and 27.10.65 Temporary/officiating service in a rank may be counted as probationary period, if the service is satisfactory. 59. Officiating Promotions: Officiating promotions in temporary vacancies(e.g. Leave and Deputation) may be made, if required by the exigencies of service. Normally, such promotions shall be made from amongst persons who have already been approved for promotion. 38 SECTION II EXAMINATIONS 60. The following examinations and courses shall be held to enable Under Officers and Constables to qualify for promotion:- (1) From Head Constable to Sub-Inspector Ist. Class Certificate of Education and Third Class English Certificate (2) From Naik to Head Constable (i) Senior Cadre Course and (ii) Second Class Certificate of Education (3) From Constable to Naik (i) Junior Cadre Course and, (ii) Third Class Certificate of Education Note:- Member of the Foce with Matriculation or equivalent or higher academic qualification from a recognised Board or University shall be exempted from passing any of the above mentioned examination, or courses. (GSR No. 877 dated 3.10.1981) SECTION III PROMOTIONS Subedar(Inspector and Sub-Inspector) 61. Maintenance of Lists of Approved Candidates: Lists of approved candidates for promotio to various anks, required to be maintained under sub-rule (b) of rule 62, shall be kept in the office of the Commandant, and promotions shall ordinarily be made from these lists according to the provisions of Rule 55. 62. Preparation of Lists of Approved Candidates: (a) The Commandant may for special reasons, promote to the next higher rank any qualified candidate whose name is not on the appropriate approved list. IN the case of Subedars(Inspectors) and Sub-Inspectors prior approval of the Inspector General and Deputy Inspector General respectively shall be obtained. (b) Promotions shall be made from among the best men in the Force as whole and for this purpose the Commandant shall maintain separate lists for promotion to different ranks as shown below:- (1) List 'A" containing names of Constables fit for promotion to the rank of Lance Naik 39 (2) List 'B' containing names of Lance Naiks suitable for promotion to the rank of Naik. (3) List 'C' containing names of Naiks suitable for promotion to the rank of Head Constables. (4) List 'D' containing names of suitable Head Constables for promotion to the rank of Sub-Inspectors. (5) List 'E' containing names of suitable Sub-Inspectors for promotion to the rank of Subedar(Inspectors). (c) Ordinarily, only those men shall be considered for inclusion in List 'A' who have passed the prescribed course for Drill instructors and are sifficiently educated to be able to read and write Hindi, Roman and Hindi Numerals. Higher educational qualification is necessary for promotion above the rank of Head Constable, but the normal standard shall be Third Class for promotion from Constable to Lance Naik and Second Class from Naik to Head Constable. A selected fo r promotion should have initiative, power and leadership the making of an officer. Men on promotion list for Naiks and above shall be on probation for at least one year and nemaes of those one the list who do not come upto the required standard shall be removed thereof from time to time. Entry of names of lists A, B and C shall be made by the Commandant and lists D and E by the Commandant with the approval of the Deputy Inspector General of Police and Inspector General of Police respectively. 63. Selection Board: In February and August each year the Commandant shall constitute Selection Board consisting of himself, Asstt. Commandant and Adjutant and nominate in the prescribed form Sub-Inspectors considered fit for promotion to the rank of Subedars(Inspectors) and Head Constables considered fit for promotion to the rank of Sub-Inspectors. The names of Sub-Inspectors and Head Constables whose nominations are accepted by the Deputy Inspector General shall be placed on the approval lists, seniority of men brought on these lsits shall be determined by date of their selection. 64. Educational Qualification for Promotion to the Rank of Sub- Inspector: No Head Constable, with academic qualification below matriculation, who has not obtained a First class certificate of education and at least a third class English certificate shall be nominated for promotion to rank of Sub-Inspector(GSR 527 dated 6.6.1981) 40 65. Confidential Reports: In Februrary each year the Commandant shall forward to the Deputy Inspector General a confidential report in the prescribed form on the work and conduct of each and every Sub-Inspector and Head Constable whose names are on the approval lists. While recording his report the Commandant shall indicate together with reasons in support of his opinion whether he recommends that a name of the Member of the Force should remain on the approval list or be removed from it. The Deputy Inspector General shall pass orders on these recommendations after such inquiries as may deem fit. 66. Additions to and Removals from Approved Lists: All acceptances for and removals from the approved lists shall be published in the Force Orders. 67. Head Constables: Promotions to the rank of Head Constable shall be made by the Commandant according to seniority from the list 'C' referred to in Rule 62 subject to the general provisions of Rule 55 on the recommendations of Company Commanders. The requisite qualification for such promotions are the passing of the Senior Cadre Course and the possession of the Second Class Certificate of Education or a Matriculation or equivalent or higher academic qualification certificate(GSR 527 dated 6.6.1981) 68. Naiks: Promotion to the rank of Naik shall be made by the Commandant from the list 'B' referred to in Rule 62 subject to the general provisions of rule 55 on the recommendation of Company Commanders. The requisite qualifications for such promotions are the passing of the Junior Cadre Course and the possession of a Third Class Certificate of Education or a Matriculation or equivalent or higher academic qualification certificate(GSR No. 527 dated 6.6.81) 69. Lance Naiks: A Lance Naik shall receive the same pay as a Constable. Appointments shall be made by the Commandant from the List of Constables qualified for
Naik shall receive the same pay as a Constable. Appointments shall be made by the Commandant from the List of Constables qualified for promotion to the rank of Naik Such appointment shall be made on the recommendations of Company Commanders. Seniority alone shall not be the guiding factor in making such appointments but men who are considered to be potential leaders shall be given preference. A Constable appointed to the rank of Lance Naik but found unsuitable for the rank may be summarily reverted to the rank of Constable without assigning any reasons. 41 70. Special Promotion to Naik and Head Constable: The Commandant may, on the recommendation of a Company Commander, promote to the rank of Lance Naik, Naik or Head Constable respectively, a Constable, a Lance Naik who although not qualified for promotion, is considered in all respect capable of acting as an Under Officer, provided that the number of unqualified Naik and Head Constables permanent and officiating may not at any time exceed 10 percent of the sanctioned number of posts of each rank. 71. Special Qualification for Promotion: Qualification as Drill Instructor, Physical training instructor, Weapon Training Instructor, Tear Smoke Training Instructor or Signalling Instructor etc. shall be considered as additional qualifications for promotion. SECTION IV INCREMENTS 72. Withholding of INcrement: If the increment of a member of the Force is withheld, the period for which it is withheld and the reason for withholding it shall be stted in the Force Orders. Such period shall not exceed one year. 73. Subedars(Inspectors) and Sub Inspectors: (a) Subedars(Inspectors) and Sub-Inspectors are in a time scale of pay; and the grant of increment is subject to approved service, efficiency and good conduct. There are efficiency bars at the following stages; Subedars(Inspectors) at Rs.250(2600 in new scale). (b) Increments shall be sanctioned by the Commandant, but prior approval of the Deputy Inspector General shall be obtained before an Officer is allowed to cross an efficiency bar and the fact shall be recorded in the Force Orders. 74. Head Constables, Naiks and Head Constables: Increment in the time scale of Head Constables, Naiks and Constables shall be sanctioned by the Commandant on the recommendation of Company Commanders. Such increments shall be sanctioned, subject to approved service general efficiency and good conduct. SECTION V OFFICIATING PROMOTIONS 74. How to be Made: (a) Officiating promotions shall be normally made according to seniority in the approved lists, to the general provisions of Sections I and II of this Chapter and the exigencies of the service (b) The Commandant shall be competent to sanction officiating promotions in the following cases: 42 (1) The Sub-Inspectors to Subedars(Inspectors) with the approval of the Inspector General. (2) From Head Constable to Sub-Inspector with the approval of Deputy Inspector General. (3) From Naik to Head Constable. (4) From Constable and Lance Naik to Naik. (c) If the Commandant decided to pass over, for officiating promotion, an Officer whose name is on the appropriate approved list the prior sanction of the Inspector General or the Deputy Inspector General, as the case may be, shall be obtained. 76. Supersession: The passing over of any member of the Force for promotion in an officiating vacancy of four months or less(except for inefficiency or misconduct) or on the grounds of technical appointment such as Motor Transport Sub_Inspector, Raido Sub Inspector, Armourers, Tailors, Carpenters shall ot amount to supersession. 76A. Honorary Rank of Company Commander/Quarter Master: (1) The Central Government may, on the recommendation of the INspector General, confer the honorary rank of Company Commander/Quarter Master on senior and deserving Subedars and Subedar Major and emply them as such. During such employmentthey would not be entitled to any benefit of pay or travelling and other allowances of the post of Company Commander/Quarter Master. (Inserted vide GSR 280 dated 6.2.63) (2) They will, however, be supplied free of cost the extra articles as shown in item 7 of the foot- note below Apendix-'A'(now deleted) to be worn as honorary Company Commander/Quarter Master in addition to the articles of uniform already issued to them As Subedars. (Inserted vide GSR 1205 dated 5.8.65) SECTION VI-SPECIAL APPOINTMENTS 77. Subedar(Inspector) Major: (a) The appointment of Subedars(Inspector) Major shall be made by the Head of Office with the prior approval of the Director General on the basis of the recommendations of a Screening Committee to be constituted by the Director General. Selection shall be made on the principle of seniority-cum- fitness and the seniority for this purpose shall be the combined seniority of Inspectors in the Force. (Substituted vide GSR 37 dated 10.1.76 and re-substituted vide GSR 585 dated 26.12.92) The appointment shall ordinarily be for three yers, but may be extended from time to time for a period not exceeding one year at time, unless promoted, until he attains the age of superannuation. 43 (c) The Subedar(Inspector) Major ranks as the senior Most Subordinate Officer. 78. Sub-Inspector Adjutant: (a) The appointment of Sub Inspector Adjutant shall be made by the Commandant by selection from Sub-Inspectors who are good instructors and disciplinarians. (Substituted vide GSR 37 dated 10.1.76) (b) The maximum period of the appointment shall not ordinarily exceed thee years. 79. Quarter Master Sub-Inspector: (a) The appointment of Quarter Master Sub Inspector shall be made by the Commandant from amongst Sub-Inspectors with the special qualification in this direction. (b) The maximum period of the appointment shall not ordinarily exceed three years. 80. Head Constables: All special appointments in the rank of Head Constable shall be made by the Commandant. The Battalion Havildhar Major shall rank as the senior most Head Constable, except for purposes of promotion. The maximum period of the appointment shall not ordinarily exceed three years. SECTION VII - NOMINAL ROLL 81. Nominal Roll of the Central Reserve Police Force-Perticulars (a) A nominal roll in the following form shall be maintained for all ranks:- (1) Serial No. (2) Name (3) Force No. (4) Caste (5) Residence (6) Date of enlistment in the Force (7) Previous Police or Military Service (8) Date of promotion (9) Present appointment (10)Educational Qualification (11)Remarks(here enter details of promotion, reduction etc.) (b) A separate nominal roll shall be maintained for Recruit Constables who have not been confirmed. 44 82. Order of Seniority: Officers shall rank in the order of seniority as determined by the date of confirmation and in the case of officers officiating from the date of continuous officiating, seniority in the case of Constables shall be determined by the date of enlistment in the Force. SECTION VIII-PROMOTION AND REVERSION ROLL 83. Maintenance of Promotion and Reversion Roll: (a) Promotion and Reversion Rolls shall be maintained separately for officiating and substantive promotions as follows: (1) Of Sub Inspector to the rank of Subedars(Inspectors) (2) Of Head Constables to the rank of Sub Inspectors (3) Of Naiks to the rank of Head Constables (4) Of Constables to the rank of Naiks (b) The promotion and reversion roll shall contain the following particulars: (1) Serial No. (2) Nature of vacancy (3) Date of vacancy (4) Commandant's orders (5) Date on which a member of the Force was superseded or whose promotion has been withheld and the date on which he received a copy of the order (6) Number and date of the order notifying the promotion reversion as the case may be. (7) Remarks 84. Incorporation of Entries in the Promotion and Reversion Rolls: The Promotion and Reversion Rolls shall be maintained by the Establishment Clerk who shall make entries in the first three columns and submit for the orders with all necessary papers and character rolls to the Commandant whenever any promotion of Sub-Inspector to the rank of Subedar(Inspector) or Head Constable to the rank of Sub Inspector or their reversion fall due. The Commandant shall fill up columns 4 and 5 of the roll with his own hand, mentioning in column 5 the names of members of the Force superseded, with a brief note of the easons for their supersession. In other cases, the Establishment Clerk shall fill up all columns of the rolls. On the first occasion of the supersession of the member of the Force, a note to that effect together with reasons thereof shall also be made in his character roll and he shall be given a copy of the order. 45 CHAPTER - X ; LEAVE AND LEAVE CONCESSIONS 85. Army Officers: Leave to military officers on deputation to the Force shall be regulated in accordance with the provisions of Rule-35 of the Central Civil Service(Leave) Rules- 1972.(Substituted vide GSR 845 dated 26.7.74) 86. Other Superior Officers: Leave shall be admissible under the rules applicable to them in the service to which they belong. 87. Other Police Officers on Deputation from other Services: Leave shall be admissible under the rules applicable to hem in the service to which they belong. Note: It shall be open to the officers mentioned in Rules-85 and 86 to elect, on the permanent transfer to the Force or at any time thereafter, the leave rules applicable to the members of the Force on the analogy of the F.R. 93-A. 88. Other Superior Officers and Members of the Force: (1) Subject to the provisions of sub rule(2), all superior officers and members of the Force, than those to whom rules 85 to 87 apply shall be governed by the provisions of the Central Civil Services(Leave) Rules-1972 for the time being in force. (2) Notwithstanding anything contained in sub rule(1), all superior officers and members of the Force other than those to whom rule 85 to 87 apply shall, while serving in any establishment of Central Reserve Police Forces except offices of Director General/Inspector General/Deputy Inspector Generals be entitled to 60 days eanred leave in a calender year in the following manner: (i) The credit to be afforded to the leve account of all the personnel as stated in para(2) above in respect of earned leave at the commencement of each calender half year shall be at a uniform rate of 30 days. (ii) The credit to be afforded vide (i) above shall be reduced by 1/6 of the period of extra-ordinary leave only availed of during the previous half year subject to a maximum of 30 days. (iii) No such earned leave shall be accummulated for more than 120 days. (iv) No such earned leave shall be ganted for more than 90 days at a time, and 46 (v) No second Saturdays shall be availed as off days by the executive personnel working in Units other than the offices of DG,IG and DIG. (Substituted vide GSR 775 dated 9.6.79 and re-substituted vide GSr 235 dated 1.3.80) 89. Leave Sanctioning Authorities: (a) Any leave other than special disability leave, admissible under the rules shall be granted as follows:- (1) to a Superior Officer by the Commandant, after obtaining a report in regard to its admissibility from the audit officer and to the Commandant by the Deputy Inspector General. (GSR No. 421 dated 19.4.80) (2) to members of the Force other than Superior Officers at the discretion of the Commandant. (b) Casual Leave: (1) Casual leave to superior officers shall not exceed fifteen days in any one calender year, subjet to the condition that not more than ten days casual leave may be allowed at any one time. This condition may, however, be waived in individual cases if there are exceptional circumstances justifying a relaxation in this regard. This leave shall be granted by the Deputy Inspector General in the case of Commandant and by the Commandant in the case of other Superior officers of the Force. (2) Save as otherwise provided in clause(3), the Commandant and the Company Commander may grant casual leave not exceeding fifteen days in any one alender year to any member of the Force working under them subject to the condition that not more than ten days casual leave may be allowed at any one time. The Head of Office may, however, waive this condition in individual cases, if he considers tht there are exceptional circumstances justifying a relaxation in this regard. (3) In the case of those members of the Force who require more than five days to complete the onward and return journeys to their homes, the maximum period of casual leave admissible in any one calender may be enhanced in accordance with the following scale: Number of days reqired to Maximum number of days Complete both onward and casual leave in one Return journey. Calender year. 6 days 16 days 47 7 days 17 days 8 days 18 days 9 days 19 days 10 days 20 days (4) Casual leave cannot be combined with any other kind of leave. In no case shall holidays or off days be counted as part of casual leave. (5) The special disability leave to any member of the Force may be granted by the Government in accordance with the provisions of the Fundamental Rules 83 read with Serial No.26 of Appendix-4 thereof. 90. Recall from leave: (a) Members of the Force on leave may be recalled at any time by authority empowered to sanction their leave. (b) They may be directed to report for duty either at headquarters or to proceed direct to the place at which their services are required. (c) In either case, they will be entitled to travelling allowance as on tour(by shortest route) for the return journey. If a free railway pass is in the possession of a member of theForce and it can be used for the return journey
for the return journey. If a free railway pass is in the possession of a member of theForce and it can be used for the return journey, it should be so used. IN that case, member of the Force will be entitled to the balance if any of the travelling allowance admissible. If the pass cannot be utilised, it should be surrendered where upon it shall lapse. The member of the Force concerned in that case will be entitled to the full travelling allowance admissible. 91. Free Passage to Families: When a member of the Force sent on detachment duty from the headquarters of the Force and the duration of the duty is expected to last for a period of not less than one month, the Commandant, may if he considers it desirable that his family should not remain at headquarters, issue free railway warrant to the members of his family covering the journey from the headquarters to the railway station nearest to their home. This concession shall be admissible to all ranks of the Force except Gazetted Officers. 92. Free Leave Pass Concessions: The undermentioned free pass concessions from the Headquarters of the Force or the place of duty of the railway station nearest to his home and return shall be admissible to Head Constables, Naiks, Constables and enrolled followers of the Force. (1) One free leave pass every three years. (2) On free leave pass for family every six years. 48 (3) Free leave pass when proceeding on medical leave of duration of not less than one month, provided it is certified that the illness or injury, which necessitated medical leave was not brought about by any fault or negligence on the part of the member of the Force concerned. CHAPTER XI - UNIFORMS 93. Dress Regulations: (a) The Dress Regulations for officers and all ranks shall be as prescribed in this Chapter and as laid down in the Force Standing Orders. No additions or alterations to these Regulation may be made without the previous sanction of the Central Government. (b) The colours of the Force shall be light blue and white, the distinctive colour being light blue. 93. Superior Officers: (a) Gazetted Officers of the Force shall be entitled to uniform grant as indicated below:- (1) Officers of the Regular Army or Police joining the Force on deputation as Gazetted Officers Rs.200/- (2) Local Promotees or directly recruited Gazetted Officers. (a) Initial uniform grant of Rs.900/-(now 3200) regulated as under:- (i) Rs.450/-(Now 1600) half of the grant after 3 months continuous oficiating or temporary service in the Gazetted rank in the Force and a certificate from the Inspector General of Police that the officer concerned is likely to continue as such. (ii) Rs.450(now 1600) representing the balance on completion of three years service as Gazetted Officer in the Force or on confirmation, whichever is earlier, subject to the stipulation that the Officer concerned is not substantive when the amount becomes due, is certified by the Inspector General of Police as fit for permanent retention in the Force. (b) Renewal uniform grant of Rs.450/-(now 1500) at intervals of the every seven years to be calculated in respect of temporary or officiating Gazetted Officers from the date they complete 3 months' temporary or officiating service in the Central Reserve Police Force in a gazetted post. (3) State Police or Army Officers initially appointed on deputation, but subsequently retained permanently in the Force:- 49 (a) initial uniform grant of Rs.900(now 3200) (Rs.450.00(Now 1600) initially, the amount of Rs.200 paid to them as deputationsts being deducted from this amount, the balance of Rs.450/- (Now 1600) being paid after they have completed 3 years service thereafter(amended vide GSR 1989 dated 21.12.66). (b) Renewal uniform grant of Rs.450/- (Now 1500) every seven years (to be reckoned from the date of confirmation in the Central Reserve Police Force. Note: The grant of initial uniform allowance mentioned in item(3) to the officers mentioned in the said item shall be subject to the condition that if the officer has availed of any initial or renewal grant from his aprent Department or the Stege Government for any period extending beyond the date of his permanent absorption in the Central Reserve Police Force, the proportionate amount of the initial or renewal grant sanctioned by this Department or State shall be adjusted in the total amount of initial grant admissible under clause(a) of item(3)(only above note). (Substituted vide GSR 402 dated 8.3.76) (4) Police or Army(serving) Officers who are received on deputation in the Central Reserve Police Force but get release or retirement whilst in the Foce and are continued in the same rank in the Force(Rs.200/- if the period of their employment in the Central Reserve Police Force exceeds one year). Note:-1 "no officer(whether he was appointed by direct recuitment or by promotion or was initially taken by way of deputation or re-employed and has subsequently been permanently absorbed in the Force) who is due to retire within two years of the date on which the grant of uniform allowance falls due shall be entitled to the grant of that allowance." (GSR 1440 dated 30.8.63) Note:-2 An Officer mentioned in item(2) or (3) quitting service on resignation or discharge within the period for which the grant is sanctioned shall be liavble to refund the proportionate amount of the grant of uniform allowance.(GSR 1440 dated 30.8.63) The uniform of Superior Officers of the Force is that prescribed for officers of the Indian Police Service, with the undermentioned minor alterations to distinguish them as members of the Force. As and when Indian Police Service Officers are taken on deptation in the Force, they shall be entitled to wear the same badges of rank which they are entitled to in the Indian Police Service (Rule-94 upto this portion substituted vide GSR 1242 dated 14.9.62). (1) Shoulder Badges: A white metal badge consisting of the letter C.R.P in half inch block letters to be worn at the base of the shoulder strap.(substituted vide GSR 151 dated 3.2.61) (2) Buttons: of white metal, canvex in shape, die struck and embossed with the C.R.P devic e in four sizes. 50 (3) Badges of rank: Commandant : State emblem one star Asstt. Commandant(Both second- In-command and Adjutant) : State emblem Company Commander, Quarter Master and Deputy Supdt. Of Police (Radio Officer) : Three stars (4) Badges and Metal Fittings: All Superior Officers of the Force shall wear buttons, badges and Metal fittings of white metal. The star shall be of the star of Indian Pattern. (5) Head Gear: Except in the case of Sikh Officers who may wear Khaki Pagree, head gear shall be Army regulation pattern with pith topee, fitted with two chin straps, one of which shall pass over the top of the helmet and shall be worn down when required. The topees shall have a pagree of nine folds of khaki with a light blue flash a quarter of an inch wide at the top between the helmet and the Pagree, the whole when tied not to exceed three inches in width. (6) Ties : Superior Officers shall wear a navy blue tie of regulation pattern. (7) (a) Swords: of pattern prescribed for I.P/I.P.S Officers except that Army Officers may wear their own(Army) swords. (b) The following modifications are permissible in the Dress uniform of superior officers for use on informal occasions:- (1) Bush Shirt:- The pattern of the bush shirt shall be as for a jacket with the following modifications, no ties shall be worn with the bush shirt. (i) Button-up Collar, 1 1/2 inches in width at back 2 1/2 to 3 inches at points. (ii) Sleeves, as for a shirt with single plain cuff 2 1/4 inches in width and one button. N.B:- For hot weather, the sleeves may either be rolled up or short sleeves be worn. (iii) Four buttons excluding collar button, top button to be four inches below collar button and the remainder evenly spaced. (iv) Belt two inches broad with silver plated buckle to be made either for Khaki drill or Khaki twill. (v) All buttons to be of bone. 51 (2) Badges:- Worsted shoulder and rank badges on detachable shoulder straps. (3) Forage Cap-Khaki forage cap of darb material of regulation shade, with peak of same material, brown leather chin stray C.R.P crest. The crest shall consist of a monogram of the letters C.R.P followed by a wreath with Ashoka Chakra on top. (4) Shoes:- Brown shoes, instead of ankle boots, may be worn with trousers. (5) Breeches, boots and spurs:- These articles shall not be worn except for mounted duties when specially ordered. (c) Indian Police Service officers wearing state Emblem and two stars shall wear(i) a dark blue band of woollen material to be place dbetween the two lower welts of the forage cap with silver embroidered C.R.P crest, and if wearing pugri, a similar blue bank and embroidered crest on the pugree and (ii) Gorget patches of dark blue woollen material with a Central Silver stripe. (Inserted vide GSR 151 dated 3.2.61) 95. Scale of Uniform: The authorised scale of Uniforms for subordinate officers and other ranks of the Force as well as nrolled followers shall be such as the Director General may, from time to time, and with the previous sanction of the Central Government, by order, lay down. Substituted vide GSR 244 dated 8.4.89) 96. Initial issue and replacement of Uniform: On enlistment a free issue of uniform shall be made to each Subordinate officer, lower rank and enrolled follower according to the scale laid down under rule 95. (Substituted vide GSR 244 dated 8.4.89) 97. Periodical Inspections: (a) Periodical inspections shall be held by platoon Commanders at least once a month: at which articles which are no longer fit for use shall be condemned and sent to Stores for replacement. (b) If the life of a condemned article has expired, it shall be replaced free. If its life ha s not expired, the article shall be replaced and a proportionate cost deducted from the pay of the member of the Force concerned. A free issue may be sanctioned if the article has been rendered unserviceable owing to excessive wear and tear on duty or has been lost on duty through no fault of the member of the Force concerned. 52 (c) Condemned articles shall be utilised, where possible for repair work, dusters etc. Periodical public auctions of the remaining condemned articles shall be held and the sale proceeds credited to Government. A member of the Force may purchase condemned articles of clothing for his private use at price fixed by the Commandant. (d) When a member of the Force ceases to belong to the Force, his kit shall be examined and serviceable article brought on to the resumed stock and subsequently re issued. When any such resumed article is re- issued, its life period shall count from the date of riginal issue and not from the date of re- issue. (e) On promotion to the rank of Su b Inspector an Under Officer shall be entitled to receive free initial supply of uniform as prescribed for Subordinate officers, Under officers kit being returned to stores. (f) All Under Officers and men shall deposit their uniform in the store whe n proceeding on leave, excepting such articles of clothing as may be permitted by the Commandant to be retained. (g) A Superior Officer or Subordinate Officer on his retirement or superannuation or invalidation may be allowed by the I.G.P or Dy.I.G.P as the case may be, to retain one suit of uniform provided his work and conduct has been found satisfactory. Such officer may wear the said uniform after such retirement with the permission of the I.G.P or of the Dy.I.G.P as the case may be subject to such conditions as the I.G.P or the Dy.I.G.P may think fit to impose. 98. Uniform Stock Registers: The Quarter Master shall maintain the following stock registers: (1) A uniform stock register in respect of all receipts of uniform for initial issue and replacement. All issues whether an initial issue or replacement shall be accounted for in this stock register. (2) A Resume Stock Register in which shall be entered all transactions of uniform returned and reissued. (3) A Condemned Stock Register in which shall be entered all receipts of uniform condemned and disposed of by sale or otherwise. CHAPTER XII - EQUIPMENTS 99. Authorised Scales: The scale of equipment to be dr awn from the regular Army Ordinance Corps shall be as sanctioned by the Government of India and shall be as shown in the "Equipment Tables(India) for Central Reserve Police, January,1945 issued by the 53 Government of India in the then War Department" as subsequently aamended from time to time. 100. Accountrements: (a) Accountrements are those personal articles of equipment which are issued to men for their use and for the care of which they are personally responsible. (b) Accountrements remain the property of the Govt. 101. Accountrements of Subordinate Officers: (a) Swords and belts shall not be supplied to re-employed Commissioned Officers who are in possession of swords and Same Browne belts of infantry pattern. (b) The Inspector General may as a reward for exemplary service sanction the retention of his sword and Sam Browne belt. CHAPTER XIII - APPLICABILITY OF CENTRAL GOVERNMENT RULES AND ORDERS 102. Other conditions of Service: The conditions of service of members of the Force iin respect of matters for whic h no provision is made in these rules shall be the same as are for the time being applicable to other officers of the Government of India of corresponding status. CHAPTER XIV-RULES AND REGULATIONS FOR RECRUITMENT . APPOINTMENT AND OTHER CONDITIONS OF SERVICE OF SUPERIOR OFFICERS. 103 Cadre Regulations:
THER CONDITIONS OF SERVICE OF SUPERIOR OFFICERS. 103 Cadre Regulations: There shall be a separate cadre for the Superior posts in the Force manned by Army or Indian Police Service or State Police Officers, direct recruits and local promotees. The strength of the cadre shall be flexible but ordinarily it shall, for a four-service Company Battalion, have such number of superior officers determined in accordance with the provisions of clause(a) of sub-rule(1) of Rule 5. 104 Classification: (1) The posts of Commandant, Assistant Commandant(Second-in-Command/Adjutant) and Company Commander/Quarter Master shall be the posts included in the General Central Service. Class-I. (2) The posts of Principal, Vice-Principal and Assistant Principal of the Central Training College, Central Reserve Police Force, Neemuch, shall also be the posts included in the General Central Service, Class-I. (substituted vide GSR-1241 dated 24.6.68). 54 105 Appointment and Promotion of Superior Officers: (1) The post of Commandant of a Bn. Other than Signal Battalion or Principal. CTC shall be filled :- i. by transfer on deputation from the rank of Lt. Colonel from the Army or Indian Police Service (Senior Scale) Officers or State Police Officers holding posts of Supdt, of Police or equivalent posts, preferably with experience of Armed Police duties or ii. by re-employment of retired or released Army Officers or Indian Police Service (Senior Scale) Officers or State Police Officers holding posts of Supdt. of Police or equivalent posts, preferably with experience of Armed Police duties or iii. by promotion from amongst Assistant Commandant (Second-in - Command/Adjutant/Junior Staff Officers, Vice-Principal, Central Training College) who have either served in the Force for a minimum period of two years or are otherwise eligible to be posted as Commandant under clause (i) : or iv. in case not falling under clause (iii), by promotion from amongst the locally promoted and substantive Assistant Commandants (Second- in- Command/Adjutant/Junior Staff Officer/Vice-Principal, Central Training College). (2) The post of Commandant in the Signal Battalion shall be filled :- (i) by transfer on deputation of officers having the required technical qualifications, from the rank of Lt .Colonel from the Army or Indian Police Service (Senior Scale) Officers of State Police Officers holding post of Superintendent of Police or equivalent posts, or those holding post of Deputy Superintendent of Police for a period of not less than eight years : or (2) by re-employment of officers having the required technical qualifications, from among retired/released Army Officers of the rank of Lt. Colonel or Indian Police Service (Senior Scale) officers or State Police Officers of the rank of Superintendent of Police of equivalent posts or Central Reserve Police Force Officers of the Signal Battalion of the rank of Commandant ; or (iii) by Promotion from amongst Assistant Commandants, having the required technical qualification, who, if on deputation, have served in the Force for a minimum period of two years. (3-A) The posts of Assistant Commandant (Second- in-Command or Adjutant of Junior Staff officer or Vice-Principal, Central Training College) in Battalions other than Signals Battalions shall be filled :- (i) by transfer on deputation from amongst officers (a.) holding the rank of Major in the Army, or 55 (b.) who are members of the Indian Police Service (Senior Scale), or have rendered four years of service as such, or (c.) of the State Police holding the post of Superintendent of Police or equivalent post, preferably with experience of Armed Police duties, or (d.) of the National Cadet Corps holding posts in the scale not lower than Rs. 1200-1700(Pre-revised). or (e.) of the Home Guards and Civil Defence organizations holding posts in the scale of pay not lower than Rs. 1200-1700.(Pre-revised) (Substituted vide GSR No. 569 dtd .2.8.86) (ii) by re-employment of retired or released Army Officers or substantive Majors of the Terrorial Army of Indian Police Service Officer(Senior scale) or with, four years of service as such or State Police Officers holding the posts of Superintendent of Police or equivalent Posts preferably with experience of Armed Police duties or Assistant Commandants of the Central Reserve Police Force: or (iii) by promotion (a) from amongst Assistant Superintendents of Police serving in the Central Reserve Police Force on deputation who have been promoted to the Senior Scale of the Indian Police Service or ha ve completed four years of service in the Indian Police Service; or (b) from amongst Coy Commanders or Quarter masters or Assistant Principals, Central Reserve Police Force who have completed 5 years gazetted service in the force. (Substituted vide GSR-332 dated 6.4.85) (3-B) The post of Assistant Commandant in the Signals Battalions shall be filled: (i) by transfer on deputation of officers having the required technical qualification, from the rank of Major from the Army or Indian Police Service Officers who have been promoted to the Senior Scale of the Indian Police Service or those who have completed four years of service in the Indian Police Service or State Police Officers holding posts of Superintendent of Police or equivalent posts, or those holding posts of Deputy Superintendent of Police for a period of not less than six years; or 56 (ii) by re-employment of officers having the required technical qualification, from among retired/released Army Officers of the rank of Major, substantive Major of the territorial Army or Indian Police Service Officers (Senior Scale) or State Police Officers of the rank of Superintendent of Police or equivalent posts or Central Reserve Police Force Officers of the Signals Battalions of the rank of Assistant Commandant: or by promotion from amongst technically qualified Company Commanders/Quarter Masters or Assistant Principals, Central Training College of the Central Reserve Police Force who have completed 5 years gazetted service in the force: (Substituted vide GSR No. 332 dtd 6.4.85) (30C) The posts of Assistant Commandant (Executive Engineer) in Central Reserve Police Force shall be filled by :- (i) promotion of Deputy Superintendent of Police (Assistant Engineer) in the Force with six years service in technical line : or (ii) appointment of Assistant Commandants serving in the Force who have rendered 5 years service in the Army Engineering Corps and attended Young Officers Courses of Corps of Engineers at College of Military Engineering Pune: or (iii) transfer on deputation of officers holding analogous post or Deputy Superintendent of Police (Assistant Engineer) with 6 years service in technical line or Engineers, from other Central Police Organisations or Government Departments. (Inserted vide GSR 345 dated 8.6.91) (4) The posts of Company Commander or Quarter Master in Battalions other than Signals Battalion or Assistant Principal, Central Training College shall be filled. (i) by transfer on deputation of officers holding post of Captain in the Army or Assistant Superintendent of Police or Deputy Superintendent of Police in a State or an Officer of the National Cadet Corps holding post in the scale of pay not lower than Rs.700-1300/- (Pre-revised) or officers of the Home Guards or Civil Defence organizations holding posts in the scale of pay not lower than Rs. 700- 1300/-.(Pre-revised) (Substituted vide GSR NO. 569 dtd 2.8.86) 57 (ii) by transfer on deputation(by promotion) of Inspectors on the select list for promotion to the posts of Deputy Superintendent of Police or equivalent posts in the State Police or substantive holders of the posts of inspector or equivalent posts or officiating Inspector with at least three years continuous service in that grade or equivalent posts in any Central or State Police Orgnisation preferably with the experience of Armed Police: or (iii) (a) by promotion of Subedars with a minimum service of 3 year in that rank in the Force, who have successfully completed the Senior Subedars Refresher Course, Central Reserve Police Force ,and (Substututed vide GSR No. 548 dtd 27.7.86) (b) from amongst Ex-Emergency Commissioned Officers below the age of 50 years who have a minimum service of 2 years as Subedar in the Force and have successfully completed the Senior Subedars Refresher course. (iv) by direct recruitment from amongst the candidates possessing the following qualifications: namely: must have attained the age of 19 years and must not have attained the age of 25 years age limit being relaxable in the case of Scheduled Caste and Scheduled Tribes Candidates and other special categories of persons in accordance with the orders issued by the Central Governmental from time to time. Note: 1. Preference may be given to candidates possessing experience of the Armed Police, territorial Army or other Armed Forces: 2. The age limit of 25 years is relaxable for Government Servants up to 5 years in accordance with the instructions or orders issued by the Central Government. (GSR 768 dt. 22.10.83) (b) (i) a first class or second class Bachelors degree of a recognized University: (ii) a third class Bachelors degree plus National Cadet Corps B Certificate or C certificate or outstanding sport or athletic certificates; or (iii) A degree in Tele-communication Engineering of a recognized University. (c.) must satisfy the minimum physical standards, namely; height 165 Cms. Chest 81 Cms.(unexpanded) 86 Cms. (expended) weight 50 Kgs; eye- sight (with or without glasses) distant vision 6/6 in one eye and 6/9 in the other eye; near vision 0.6 in one eye and 0.8 in the other eye; candidates should not have knock- knees or flat foot. (substituted vide GSR-1928 dated 19.11.70) 58 (cc) In the case of female candidate they must satisfy physical standard, namely:- height 157 cms; weight according to height but not less than 46 kgs; eye sight (with or without glasses) distant vision 6/6 in one eye and 6/9 in the other eye; near vision 6.6 in one eye and 0.8 in other eye, candidates should not have knock knee or flat foot. (d) must possess all other qualifications as may be prescribed by the Central Government from time to time regarding citizenship, eligibility and such other matters; or (iv-A) by appointment of emergency commissioned officers and short- service commissioned Officers of the Armed Forces of the Union who were commissioned on or after the 1st November, 1962 and were released at any time thereafter; (v) by re-employment of retired of released Army Officers who have held the rank of Captain or retired Police Officers or Officers of the Force who have held the rank of a Dy. S.P. or other equivalent rank. (4-A) The posts of Company Commander in the Signals Battalions shall be filled :- (i) by transfer on deputation of officers having the required technical qualification from the rank of Captain of the Army or Assistant Superintendent of Police or Deputy Superintendent of Police in a State; or (ii) by transfer or deputation (by promotion) of officers having the required technical qualifications from amongst Inspectors on the select list for promotion to the posts of Deputy Superintendent of Police or equivalent posts in a State Police or substantive holders of the post of Inspector or equivalent posts of officiating Inspectors with at least three years continuous service in that grade or equivalent posts in any Central or State Organisation, preferably with the experience of Armed Police. (iii) by promotion from amongst technically qualified Subedars below the age of 50 years and with minimum service of three years in that rank, in the Central Reserve Police Force; or (iv) by direct recruitment from amongst technically qualified candidates possessing the additional qualifications as prescribed in clause (iv) of sub-rule (4); or (v) by re-employment of technically qualified and retired or released Army Officers who held the rank of Captian or retired State Police officer or officers of the Force who have held the rank of a Dy. S.P. or equivalent ranks. 59 (4-B) For the purpose of sub-rules (4) AND (4-A) the percentage for recruitment shall be as follows :- i by direct recruitment 50% ii by promotion 50% iii any short fall in direct recruitment or recruitment by promotion in the rank of Deputy Superintendent of Police, may be filled by deputation or re-employment as specified in these rules. (In-serted vide GSR No. 1006 dtd 22.11.86) (4-C) The posts of Deputy Superintendent of Police (Assistant Engineer) shall be filled by :- (i) promotion of serving Inspector (Overseer) with 3 years service as such in the Force and having degree/diploma in Civil Engineering; or (ii) serving Deputy Superintendent of Police with 3 years commissioned service in Army Corps of Engineers and who has attended Young Officers Course of Corps of Engineers at College of Military Engineering Pune or serving Deputy Superintendent of Police in the Force with degree in Civil Engineering : or (iii) transfer on deputation of officers holding analogous post from other Central Police Organisations or Government Department. (Inserted vide GSR- dated 8.6.1991) (5) All promotions shall be on the basis of merit with due regard to seniority (6) Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order and for reasons to be recorded in writing, relax any of the provisions of the this rule with respect to any class or category of persons. 106 Training v. The officers received on deputation from the Army and Police Forces of States may be required to undergo a short course of training as prescribed to enable them to acquire working knowledge of the Central Reserve Police Force before they are finally posted to take up their appointments. vi. Direct recruits shall be required to undergo a full course of instruction at a Training Centre for Public Officers. 107. Tenure: 60 (1) The initial period of appointment of all officers on deputation whether belonging to the Police or the Army, shall not be less than three years, subject to premature termination, should (a) administrative exigency or (b) unsuitability of the officers concerned or (c) any other unforeseen factors
should (a) administrative exigency or (b) unsuitability of the officers concerned or (c) any other unforeseen factors so demand. This initial period shall be extendable, on a yearly basis, on mutual agreement between the officer concerned and the lending and the borrowing authorities, provided that the total period of appointment in the Force shall not be more than 5 years, unless the officer is permanently absorbed in the Force. (2) (a) In the case of officers re-employed after they had retired/ discharged/released from Army prior to the attainment of the age of superannuation in the civil post, if appointed to civil posts, be treated as direct recruits and their seniority in the grade fixed accordingly as under :- (i) the interse-seniority of persons so re-employed shall be determined in accordance with the orders of their selection: (ii) the relative seniority of persons so re-employed in relation to direct recruits and promotees shall be determined on the basis of chronology of selection: their confirmation and promotion to higher posts would take place with reference to seniority so fixed subject to fulfilment of other laid down conditions regarding probation. (b) The ex-army officers re-employed after they have attained the age of superannuation in civil posts shall not form part of the cadre and would be treated as if appointed on contract basis and such re-employment on contract basis shall be extendable on year to year basis. (Substituted vide GSR No. 942 dtd 12.10.85) 108 Probation and Confirmation: a. The selected candidates shall be appointed or promoted to a superior post in the Force on probation for a period of two years. b. On the completion of the period of probation, the candidates shall, if considered fit for permanent appointment, be confirmed in their appointments subject to the availability of substantive vacancies in permanent posts. c. The Government may extend the period of two years specified in sub-rule(1). d. If on the expiration of the period of probation referred to in sub- rule (1) or of any extension thereof under sub-rule (3), as the case may be, the Government are of the opinion that a candidate is not fit for permanent 61 appointment, or if at any time during such period of probation or extension they are satisfied that he will not be fit for permanent appointment on the expiration of such period of probation or extension, they may discharge him or pass such orders as they think fit. e. Where no action is taken by Government under sub-rule (2) or (3) or (4), the period after t he prescribed period of probation shall be treated as an engagement from month to month terminable on either side on the expiration of one calendar months notice in writing. f. A probationer may be required to pass such tests as may be prescribed including a test in Hindi before confirmation. g. On promotion to a superior post in the Force, the officiating service in that post or an equivalent post previously rendered may be allowed to count towards the probationary period at the discretion of the controlling authority. Note- Controlling authority for the purpose of this rule will be the Inspector General of Police, Central Reserve Police Force. 109 Transfers: (1) In any Battalion, Company Commanders and Quarter Masters may be transferred from one Company to another Company by the Deputy Inspector General with due intimation to the Inspector General of Police. (2) Superior Officers from one Battalion to another Battalion may be transferred by the Inspector General of Police with due intimation to the Central Government. 110 Discipline and Appeal: The Superior Officers of the Force shall be subject to the provisions of the Central Civil Service (Classification, Control and Appeal) Rules, 1957, as amended from time to time. 111 Pensions and Pensionary Benefits: h. Subject to the provision of sub-rule(2) Superior Officers of the Force shall be entitled to such pension and pensionary benefits as are admissible under the rules applicable to the Service to which they belong.. 62 i. On his permanent transfer to the Force, or within six months thereafter the officer may elect to be governed by the Liberalised Pension Rules, 1950 as amended from time to time. The options once exercised shall be final and will be communicated by the officer to the audit in writing with a copy to the appointing authority within the said period of six months. If no such election is made, he will automatically be governed by the said rules. Note- The Superior Officers who have already been absorbed in the Force and have not yet exercised the option, may do so within six months hereafter, failing which they will automatically be governed by the said rules. (Chapter XIV inserted vide GSR-1242 dated 1.9.62) CHAPTER XV Chapter XV relating to the Special Provisions to Border Security Force was inserted vide GSR 1988 dated 21.12.66. This chapter is not reproduced as there is a separate set of rules for Border Security Force framed by the Central Government vide S.O.2336 dated 9.6.69 and published in the Gazette of India, Extraordinary (No. 204) part-II Section-(ii) dated 13.6.69 page 739-797. 63 Appendices APPENDIX 'A' SCALE OF UNIFORM (See Rule 95 & 96) (Deleted vide GSR 244 dated 8.4.89) APPENDIX 'B' FINANCIAL POWERS (See Rules 46, 53 and 53A) Sl.No. Item of expenditure Commandant BNs 1 Advance of travelling allowance to Full powers provided the cost Gazetted and Commissioned Officers of travelling is substantial When proceeding on detachment, in and cannot easily be met by Accordance with paragraph 269(iii) the Officer from his private Of Central Government Compilation resources. Of GFR(Vol.I) 2 Power to sanction advance of pay Full powers, subject to(i) to members of the Force other than the advance shall not exceed Gazetted and Commissioned Officers one month's pay of the member When proceeding on detachment of the Force; and (ii) that Which is expected to last for a the advance shall be recover- Period exceeding two months ed in three equal monthly Instalment commencing from The first issue of pay after The drawal of the advance. 3 Power to grant rewards to Sub- Upto Rs.100/- in a case or ordinate officers and men of one one occasion. The Force. NOTE; This limit may be en Hanced upto Rs.300/- with Prior approval of Deputy Inspector General or upto Rs.1000 with the prior Approval of Inspector General Subject to budget provision. 4 Power to sanction temporary Upto a maximum of Rs.2000/- imprest for a detachment pro ceeding on duty from Head quarters. 64 Foot note :- (1) The Commandant shall be the drawing officer in regard to the pay and allowances of the members of the Force other than the Commissioned and Gazetted Officers. He will also be the drawing officer in respect of the Contingent and other charges pertaining to the Force subject to the provisions of the Central Government compilation of the General Financial Rules, Vol.I. (2) Deleted. (3) The Commandant will also act under Supplementary Rule 191, as the Controlling Officer for travelling allowance purposes in regrd to the Commissioned and Gazetted Officers as well as of the non-gazetted establishment of the Force and Force Hospital, except in respect of Medical Superintendent and Staff Surgeon of the Hospital. (4) The Deputy Inspector General will be the Controlling Officer for all the above mentioned purposes in regard to the following: (i) Commandant and, (ii)Medical Supdt. And Staff Surgeon of the Hospital. BY VIRTUE OF 1959 DELEGATION VIDE MHA's NO. 39/49/59-AC.I dated 28.9.59 IGP's No. 5300-1 E/19(34) dated 20.10.1959. 1. Power to creat temporary posts: DIG, CRPF Posts in Class IV for a period not exceeding 2 years 2. Contingent expenditure relating to matters other than those mentioned at S.No.3 to 14 below. (i) DIG CRPF, Recurring Rs.200/- p.a. in each case Non-recurring Rs.1000/- p.a. in each case. (ii) Commandants of CRPF BNs: Recurring Rs.120/- p.a. in each case. Non-recurring Rs.500/- p.a. in each case. 3. Bicycle Repairs: (i) DIG, CRPF Full powers (ii) Commandants of CRPF BNs Not exceeding Rs.30/- per cycle per year. 4. Conveyance Hire: (i) DIG, CRPF; Non-recurring upto Rs.1000/- p.a. Conveyance hire may be reimbursed to a non gazetted Govt. servant only who (i) is despatched for duty to a place at some distance from office if the Govt. servant concerned is not entit led to draw travelling allowance under the ordinary rules for the journey or (ii) is summoned to office outside the ordinary office hours of duty by the special orders of a Gazetted Officer. Reimbursement of conveyance hire should be made in accordance with the Scheduled Scale of charges for the conveyance, used. 65 The conveyance hire should not be granted in respect of a journey if the Govt. servant is granted any compensatory leave or is otherwise entitled to receive any special remuneration for the purpose of the duty which necessitates the journey. (ii) Commandants of CRPF BNS: Same as above. 5 Electric, Gas and Water Charges: (i) D.I.G, CRPF Full powers 6. Freight and demurrage/Wharfage charges: (i) Freight charges (ii) Demurrage charges Commandants of CRPF BNs D.I.G, CRPF Full powers (ii) Freight charges - Full powers (iii) Demurrage charges Rs.100/- Rs.25/- in each case. in each case. 7. Hire of Office Furniture, Electric Fans, Heaters, Clock and Call bells: (i) DIG, CRPF Rs.1000/- p.a. per office. (ii)COMMANDANTS OF CRPF BNS Rs.200/- p.a. 8. Instruments, Minor equipments and Apparatus: (i) D.I.G, CRPF Rs.1000/- p.a. per office (ii)COMMANDANTS OF CRPF BNS Rs.200/- p.a. 9. Maintenance and upkeep of Motor Vehicles: (i) DIG, CRPF Rs.2000/- for repairs for one or any number of vehicles at a time (MHA No.R.6/I(Accts)-F.(P).I dated 10.6.70) 10. Muncipal Rate and Taxes: (i) DIG, CRPF Full powers (ii)COMMANDANT OF CRPF BNS: Full powers 11. Petty Works and Taxes: REPAIRS AND ALTERATION OF THE HIRED AND REQUISIONED BUILDINGS: (i) DIG, CRPF Rs.1000/- in each case(Non-recurring) p.a. and Rs.25/- p.a. in Each case(recurring) (ii) COMMANDANTS OF CRPF BNS: Rs.100/- in each case(Non-recurring) and Rs.25/- p.a. in each Case(recurring). 66 This expenditure is subject to the condition that the terms of the agreeament/lease deed provide such expenditure to be borne by the Government. (MHA No. F.3/14/64-Finance(i) dated 7.1.65/R.IX-7/62) 12. Postal and Telegraph Charges: (i) CHARGES FOR THE ISSUE OF LETTERS AND TELEGAMS ETC. (ii)COMMISSION OF MONEY ORDERS: (i)DIG, CRPF (i) Charges for issue of letters and telegrams etc - Full powers (ii)Commission on money orders - Full powers (ii) COMMANDANTS OF CRPF BNS (i) Charges for the iseue of letters and telegrams - Full powers (ii)Commission on money orders - Full powers 13. Superseded vide Item 6 of 1961 delegation: 14. Staff paid from Contingencies: (i) DIG, CRPF Full powers (ii)Commandants of CRPF BNs Full powers 15. Petty Works and Repairs: (i) Execution of petty works and special repairs to Govt. owned buildings including sanitary fittings, water supply and electric installations in such buildings and repairs to such installation. (ii)Ordinary repairs to Govt. buildings: (a) DIG, CRPF (i) Rs.1000/- in each case subject to provisions of para 189 and 192 to 195 of the GFRs(Vol.I). (ii)Rs.1000/- in each case subject to provisions of para 189 and 192 to 195 of the GFRs(Vol.I) (b) COMMANDANTS OF CRPF BNS (i) Rs.100/- in each case subject to provisions of para 189 and 192 to 195 of the GFRs(Vol.I) (ii)Rs.100/- in each case subject to provisions of para 189 and 192 to 195 of the GFRs(Vol.I) By virtue of 1961-Delegation vide MHA's No. 33/12/61.AC.I dated 4.12.61, IGP's No. R.IX-1/61 dated 5.1.1962(R.IX-7/62) 67 (1) Publications Officials Non-officials (i) DIG, CRPF Official - Upto Rs.100/- p.m. Non-Official - Full powers subject
IG, CRPF Official - Upto Rs.100/- p.m. Non-Official - Full powers subject to; (i) Budget provision and (ii) purchase being made through authorised agents of publications. (ii) COMMANDANT OF CRPF BNS Official - Upto Rs.5/- p.m. Non-official - Full powers subject to; (i) Budget provision, and (ii)Purchase being made through authorised agents of publications (2) Purhcase of stores including arms and ammunition, equipments and accountrements other than replacement of weapons and their components, in accordance with authorised scale. (i) DIG, CRPF (ii)COMMANDANTS OF CRPF BNS Full powers subject to the condition that budget provision exists to meet the expenditure, purchases are made through DGS&D or DCPW and the Army Ordnance Depots and general provisions contained in DFPR-1958, GFRs and other procedural instructions issued from time to time. (3) Fixtures and furniture purchase and repairs: (i) DIG, CRPF Rs.1500/- p.a per office subject to the condition that the total expenditure sanctioned by various authorities including the Head of Deptt. For the same office does not exceed Rs.2500/- p.a. (ii)COMMANDANTS OF CRPF BNS Rs.300/- p.a. (4) Installation of telephones other than those at reisdences. (i) DIG, CRPF * Full powers (ii)COMMANDANTS OF CRPF BNS * Full powers 68 * In connection with installation of telephones for detachments in case of absolute urgency and necessity. (5) Motor Vehicles : Maintenance, upkeep and repairs; (i) DIG CRPF Rs.2000/- for repairs for one or any number of vehicles at a time (MHA No.3/3/67-Finance dated 5.5.67) F,3/15/67-Fin. Dated 6.5.67(R.6/I(Acctt) F.(P).I dated 10.6.70) (ii)COMMANDANTS OF CRPF BNS Rs.1000/- for repairs for one or any number of vehicles at a time.(MHA No.3/3/67-Finance dated 5.5.67)(R.6/I(Acctt) F(P).I dated 10.6.70) (iii)ASSISTANT COMMANDANT AT DETACHMENT; Rs.500/- for repairs for one or any number of vehicles at a time. (MHA No.4/11/63-Finance dated 18.10.63) R.6/I-Accts.F(P).I dated 10.6.70. (6) Rent/Ordinary accommodation used for office, hiring parade ground etc. at Dett. (i) DIG, CRPF Upto Rs.300/- p.m. (ii)COMMANDANTS OF CRPF BNS Upto Rs.300/- p.m. (iii)AUTHORITIES OTHER THAN THOSE MENTIONED ABOVE: Asstt. Commandant - Rs.300/- p.m. Coy Commander - Rs.200/- p.m. N.B; This item supersedes the powers delegted at item No.13 of the statement attached to this Ministry's letter No. 39/49/59-AC-I dated 28.9.59. By virtue of 1961 delegtion vide MHA's No.33/12/61-AC.I (A) dated 14.12.61 - IGP's No. R.IX- 1/61 dated 5.1.1962(R.IX-7/62). (i) Purchase of clothing for the members of the Force in accordance with the sanctioned scales.(members of the Force include Class- III/II posts also) (i) IGP, CRPF Full powers subject to (i) budget provision and (ii) purchase being made through DGS&D. (ii) DIG CRPF Full powers subjec to (i) budget provison and (ii) purchase Being made through DGS&D 69 (iii) COMMANDANTS OF CRPF BNS Full powers subjec to (i) budget provision and (ii) purchase being made through DGS&D. Note: If an item is covered by a rate contract the purchase shall be made under the rate contract irrespective of the value of the stores. If an item is not covered by a rate contract and the expenditure involved is less than the minimum monetary limit fixed by DGS&D for entertainment of indents for such items of stores, the purchase may be made locally. (2) Expenditure on matters such as sanitation and hospital necessities: (i) IGP CRPF Upto Rs.5000/- on one occasion. (ii) DIG CRPF Upto Rs.3500/- on one occasion. (iii)COMMANDANTS OF CRPF BNS Upto Rs.2500/- on one occasion. (iv)AUTHORITIES OTHER THAN THOSE MENTIONED ABOVE: Officers in charge of detachments stationed at places away from HQrs. May incur expenditure upto a maximum limit shown below on one occasio subject to budget provision. Asstt. Comdt. - Rs.500/- Coy Commander - Rs.300/- N.B: the above limits include expenditure on contingency paid staff. APPENDIX 'C' ( See Rule.9 ) OATH OR AFFIRMATION TO BE TAKEN ON ATTESTATION (a) The oath or affirmation to be taken on attestation shall be in one of the forms or in such oher form to the same purport as the attestation officer ascertain to be in accordance with the religion of the member of the Force to be attested, or otherwise binding on his conscience. FORM OF OATH I Swear by Almighty God that I shall be faithful and bear true allegiance to India and to the Constitution of India as by law established and that I shall as in duty bounb, honestly and faithfully serve in the Central Reserve Police Force and go wherever I may be ordered by air, land and sea and that I shall observe and obey all commands of any officer st over me even to the peril of my life. FORM OF AFFIRMATION 70 I Solemnly affirm in the presence of Almighty God that I shall be faithful and bear true allegiance to India and to the Constitution of India as by law established and that I shall as in duty bound, honestly and faithfully serve in the Central Reserve Police Force and go wherver I may be ordered by air, land or sea and that I shall observe and obey all commands of any officer set over me ven o the peril of my life. (a) The oath or affirmation prescribed, shall whenever practicable be administered by the Commandant. (b) The following is a translation into Hindi of the above affirmation:- Main Parameshwar ko sakshi manker apne dharm se paran karta Hun ke main Hindustan aur Hindustan ki hakumat jo ke kanun se Banai gai hai ka sache man se hiteshi rahunga aur Central Reserve Police Force men apne dharam aur sachchai ke sath sewa Karta rahunga, Pawan, Jal, Bhumi me se jis marg se jane ki agya Hogi jaunga, aur jise mera adhikari sthapit kiya jayega uski Sari agyaon ki tan man se palan karunga yadi usmen pran jane ka Bhi bhaya ho. THE OATH FOR SIKHS BEGINS Main Shri Guru Granth Sahibji ki saugand khaker kahta hun ki main ....(and proceeds as in the Hindi translation of the form of affirmation). THE OATH FOR MUSLIMS BEGINS Main...Kudai-i. Taala ko hazir-or-nazir jankar iman se eqrar karta hun ki kain Hindustan aur Hindustan ki hakumat jo ki kanun se banai gai hai ka sachche dil se wafadar rahunga aur Central Reserve Police Force men imandari se faraz shinasi se kidmat ka faraz baja launga. Hawa, Khuski ya tari ke raste jahan bhi jane ka hukam milega, jaunga au jise mera officer muqrrar kiya jaega uske sub hukam ki tamil aur pairwi karunga khwa us men jan ka khatra ho. APPENDIX 'D' (See Rule 40) Schedule showing rates of pay sanctioned for the memebrs of the Force. A - GAZETTED OFFICERS 1. Serving Army Officers appointed as Commandant, Asstt. Commandant or Company Commnader-Pay in respect of such officer will be fixed in accordance with the civil rate of pay on adhoc basis which will indicate their Indian Army rate of pay and special pay Rs.400/-, Rs.250/- or Rs.150/- p.m. respectively, if appointed to the posts of Principal, Central Training College and Asstt. Principal, Central Training College they will be entitled to free unfurnished Government accommodation in addition to the special pay at Rs.200/- and Rs.100/- per month respectively. 2. Retired/released Army Officers re-employed in the Central Reserve Police Force. Designation of post Pay Scale 1. Commandant in a Battalion or Rs.820-40-1100-50/2-1250 equivalent posts in training plus special pay of Rs.100 institutions p.m. and Compensatory 71 allowance of Rs.100 p.m. (Pre -revised) 2. Asstt. Commandant in Battalion Rs.820-40-11---50/2-1250 or equivalent posts in training plus compensatory allowance institutions of Rs.50/- p.m.(Pre-revised) 3. Company Commander/Quarter Master Rs.325-25-600-35-670-EB-35- in a battalion or equivalent 950 plus special pay of Rs. Posts in training institutions 150/- p.m.(Pre-revised) Fixation of Pay: (a) The pay of re-employed members of the Force shall be fixed in the above scales in accordance with the Ministry of Finance Office Memorandum No.8(34)-E/III-57 dated the 25th November,1958 as amended from time to time. In fixing the pay in the above scales, the benefit of ignoring the first Rs.50/- (Now Rs.500/-) of pension shall be allowed in accordance with the provisions of the Ministry of Finance OM No. 7(34)-Estt.III/62 dated the 16th January,1964. (b) Special pay attached to various posts shall be treated as part of the scales shall be takne into account in fixing the pay provided that the compensatory allowance shall be allowed in addition to the pay fixed in the above scales. (c) Those members of the Force who are already re-employed in the CRPF shall be given the option to continue in the present pay scales or to come over to the new scales and have their pay refixed as above, provided that the option shall be exerised within 6 months of the issue of these orders and the option once exercised shall be final. (d) Members of the Force re-employed after the issue of the these orders shall have their pay fixed only in the new scales prescribed in these rules. (e) Pending cases shall also be decided in accordance with the provisions of sub-para(d) above. 3. Indian Police Service Officers - Deputationists: The posts of Commandant/Principal; Central Training College and Asstt. Commandant are equated to those of Asstt. Director in the Intelligence Bureau and Superintendent of Police in the Special Police Establishment respectively. IPS Officers appointed as Commandant and Asstt. Commandant will draw a special pay of Rs.300/- and Rs.200/- respectively and a compensatory allowance of Rs.100/- and Rs.50/- respectively. An IPS Officer appointed as Principal, Central Train ing College will draw a special pay of Rs.200/- and be entitled to a rent free unfurnished accommodation. The above special pay and compensatory allowances will be in addition to pay in the Senior Scale of the Indian Police Service. This will include non IPS Officers holding the rank of Superintendent of Police or equivalent posts in States subject to the condition that:- (a) the officer concerned should have immediately before his appointment in the CRPF held a post equivalent in status and responsibility to the post of Superintendent of Police. 72 (b) the State Government cocnerned certifies that the officer would have continued to officiate in a post equivalent to that of the Superintendent of Police but for his deputation to the Central Reserve Police Force. (c) the grade pay drawn by the officer concerned in the State is in a scale equivalent to, but not higher than, the senior scale of the Indian Police Service. 4. For non IPS Officers(excluding Army Officers). Promoted from the rank of the Company Commander/Quarter Master, Asstt. Principal, Central Training College to the posts of Asstt. Commandant, Commandant and Principal, Central Training College: Asstt. Commandant: Scale of pay Rs.820-40-1100-50/2-1250 compensatory allowance Rs.100 p.m. (pre-revised) Commandant: Scale of pay Rs.820-40-1100-50/2-1250, special pay Rs.100/- p.m. Compensatory allowance Rs.100/- p.m. (pre-revised) Principal, Central Training Colle ge: Scale of pay Rs.820-40-1100-50/2-1250. Rent free unfurnished Accommodation(Pre-revised) 5. Deputy Superintendent of Police or Oficers of equivalent rank from the State Armed Police appointed as Company Commander/Quarter Master in the Central Reserve Police Force at a stage which together with the dearness allowance if any admissible under the Central Government rules would be equal to the sum of:- (i) Pay and dearness allowance actually drawn by the deputationist in the State as Deputy Superintendent of Police or equivalent rank. (ii)Rs.175/-
putationist in the State as Deputy Superintendent of Police or equivalent rank. (ii)Rs.175/- If there is no such stage in the Central Scale the officer would be given the next lower stage with the difference as personal pay to be absorbed in subsequent increment. The next increment would be allowed on the same date on which the officer would have earned it in the State scale or the date on which it would noramlly, be due in the Central scale whichevr is earlier. In no case should the initial pay exceed the maximum of the scale of pay. No special pay will be admissible to the officers in addition to the pay in the scale. 6. (a) Inspectors on the select list for promotion to the rank of Deputy Supdt. Of Police or equivalent rank. (b) Substantive holder of the post of Inspector or equivalent post of officiating Inspector with at least three years continuous service in that grade or equivalent posts in any Central or State Police Organisation, and (c) Inspector promoted to the rank of Deputy Supdt. Of Police (Company Commander/Quarter Master) while on deputation to the Central Reserve Police Force. 73 The pay shall be fixed in the same manner as above as if the officers concerned had been appointed to the rank of Deputy Superintendent of Police or equivalent rank in their parent States or Central Police Organisation on the date of deputation/promotion. 7. Deputy Supdt. Of Police etc./Inspectors(mentioned at items 5 and 6 above) appointed as Asstt. Principal, Central Training College, Central Reserve Police Force. (i) Pay and dearness allowance as admissible to a Company Commander/Quarter Master in the Central Reserve Police Force. (ii)Unfurnished rent free accommodation. No special pay shall be admissible. 8. Directly recruited or local promotees to the post of Deputy Superintendent of Police(Company Commander/Quarter Master), (i) Scale of pay Rs.325-25-600-35-670-EB-35-950(pre-revised) (ii)Special pay Rs.150/- p.m. (but for direct appointees special pay will be admissible after completion of training. Note:- Such Officers appointed as Asstt. Principal, Central Training College, will get special pay at Rs.100/- p.m. plus unfurnished rent free accommodation. B. RANK AND FILE SL.NO. DESIGNATION OF POST SCALE (PRE-REVISED) 1. Inspector Rs.250-10-290-15-380-EB-15-470 2. Radio Mechanic(Sub-Inspector) Rs.210-10-290-15-32-EB-15-425 3. Motor Mechanic(Sub-Inspector) Rs,200-8-256 4. Sub-Inspector Rs. 168-8-200-EB-8-256 (a) Radio Mechanic (i) Rs.180-10-290-EB-15-380 (Head Constable Grade.I) (for those possessing a Dploma in Engineering equivalent (ii) Rs.150-10-250-Eb-10-290- 15-335-EB-15-380 (b) Draftsman(Head Constable) Rs. 150-5-176- 6-205-EB-7-240 5. Radio Technical (Mechanic) Rs.150-10-210 Head Constable Grade.II 6. Radio Fitter(Head Constable) Rs.125-3-131-4-143-EB-4-155 7. Head Constable Rs.100-3-130 8. Naik Rs.85-2-95-3-110 plus Rs.2 efficiency pay 74 Sl.No. Designation of posts Scale(Pre -revised) 9. Lance Naik/Ct Rs.75-1-85-EB-2-95 plus Rs.2 efficiency pay 10. Followers Rs.70-1-80-EB-1-85 (initial pay Rs.70/- reduced by Rs.2/- for each year by which age falls below 18 years and shall be increased by Rs.2/- annually from next birthday onwards till attainmnet of 18 years when minimum of Rs.70/- will be drawn)(Rule 12 of the Central Civil Services(Revised Pay) Rules.1960). 11. Pay of subordinate State Police Staff deputed to the non-gazetted rank in the Central Reserve Police will be fixed as follows: (a) The initial pay shall be fixed in the Central Reserve Police scale of pay at stage which together with the dearness allowance at the Central rates would be equal to the sum of- (i) Pay and dearness allowance actually drawn by them in the rank shown beloe or what would be admissible to them had They been appointed to those rank(s) and (ii) the amount shown against each rank. Rank in the Central Equivalent rank in Amount which is to be Reserve Police Force the State added to pay and Dearness allowance Admissible at the State Government rates Inspector Inspector Rs.50 Sub-Inspector Sub-Inspector Rs.40 Head Constable/Naik Head Constable/Naik Rs.20 Lance Naik/Constable Lance Naik/Constable Rs.10 If there is no stage in the Central Reserve Police Force scale of pay corresponding to the figure arrived at as above, the pay shall be fixed at the stage next below with the difference as personal pay. The personal pay, if any wouold absorbed in subsequent increments and the next increment would be allowed on the same date on which the officer concerned would have earnedit in the State scale or the date on which it would normally be due in the Central Reserve Police Force scale, whichever is earlier. The pay fixed should in no case exceed the maximum of the Central scale. 75 For the purpose of this para, 'pay' in the State would include special pay, if any which is granted in liey of a separate scale of pay and trade/proficiency pay. (b) In addition to the pay as determined in (a) above, they shall be granted a special pay at the following rates:- Rank Rate of Special Pay Inspector Rs.75/- p.m. Sub-Inspector Rs.50/- p.m. Head Constable/Naik Rs.30/- p.m. Constable/Lance Naik Rs.20/- p.m. No other pay special would be Admissible to them. APPENDIX 'E' ( RULE 40 ) Schedule showing special pays and specialist allowances admissible to the non-gazetted members of the Force. Sl.No. Platoon to which Rank Rate of Attached special pay (Pre-revised) 1 2 3 4 1. Administrative Subedar Major(Inspector) 50.00 Platoon Coy Havildar Major 10.00 Coy Quarter Master Havildar 10.00 Liaison Sub-Inspector 30.00 2. Quarter Master, Store Quarter Master(Sub-Inspector) 30.00 Section Platoon Battalion QMH 10.00 QM Writer Havildar 10.00 QM Writer Naik 10.00 QM Storeman(L/NK-Constable) 10.00 Subedar Armourer 40.00 Sub-Inspector Armourer 30.00 Armourer Havildar 20.00 Armourer Naik 15.00 Armourer Constable 15.00 Head Carpenter Naik 10.00 Head Shoemaker Naik 10.00 Sub-Inspector Tailor 30.00 Head Tailor Havildar(Head Const.) 15.00 Tailor Naik 10.00 Tailor Constable 10.00 3. Education Platoon Education Sub-Inspector 30.00 Education Havildar 10.00 (Head Constable) Education Naik 10.00 76 1 2 3 4 4. Motor Transport Transport Section Platoon Motor Transport Subedar 40.00 SI Platoon Commander 30.00 Head Constable 15.00 (Motor Transport Documentation) Workshop Section Head Constable Fitter 15.00 Naik Fitter 10.00 Lance Naik/Const. Fitter 10.00 Constable Painter 10.00 5. Training Platoon SI Adjutant 30.00 BN Havildar Major 10.00 Instructor Havildar(Head Const.) 10.00 Instructor Naik 07.50 Instructor Lance Naik 05.00 Bugler Constable 05.00 6. Six Service Coy Havildar Major 10.00 Companies Coy QM Havildar 10.00 Coy Bugler Constable 05.00 7. Signal Units Subedar Operator 50.00 Sub-Inspector Operator 40.00 Havildar Operator 40.00 Naik Operator 40.00 Subedar Radio Technic ian 50.00 Subedar Crypto 50.00 Sub-Inspector Crypto 40.00 Havildar Crypto 40.00 8. For Training Subedar Major 75.00 INstitutions Subedar Instructor 40.00 Sub-Inspector Instructor 30.00 Havildar Instructor 20.00 Naik Instructor 10.00 Lance Naik/Const. Instructor 10.00 9. EDP Cell Subedar Major(Inspector) Programme Assistant 50.00 SI/QM SI(Auditor) 30.00 Head Constable QM Havildar 10.00 Note:- Any additional specialist post of any category if sanctioned in administrative grounds iwill carry the special pay/specialist allowances as prescribed for equivalent rank. APPENDIX 'F' 77 FORMS Form CRPF No.1 ( See Rules 12 ) The Central Reserve Police Recruiting Roll 1. Name 2. Father's name 3. Religion 4. Caste or Tribe 5. Town or village 6. Police Station(Thana) 7. District 8. State 9. Are you employed in any Government service, if so, what? 10. Have you served in any Govt. Service? If so, state the reasons for your discharge and confirm that you were never dismissed from any Government service. 11. Are you in receipt of any allowance etc. from Govt. and if so, on what account. 12. Are you willing to be enrolled in the Central Reserve Police in the rank of ? 13. Are you willing toserve even outside India, if so required? 14. Are you willing to undertake that you will not allow any caste usage to interfere with your duties? 15. Are you willing to be vaccinated or innoculated as and when required? 16. After you have served in the Force for such period as the Government of India may prescribe, you may, at any time when not on active duty, apply Discharge through the officer to whom you may be subordinate, to the Commandant and you will be granted you discharge after two months from The date of your application, unless your discharge would cause the Vacancies in the Force exceed one tenth of the sanctioned strength in Which case you will be bound to remain to do your duty until the Necessity for retaining you in the Force ceases. Provided, that if you wish to withdraw from the Force may submit your Resignation at any time before the expiration of first three months of your service, but not afterwards until the completion of the period prescribed, as aforesaid, the Commandant may either accept your resignation forthwith or at the end of three months from the date of its receipt. Provided, further that the Commandant may, if he thinks fit allow you To resign at any time on your giving three months notice of your wish To do so. Note: (1) Prescribed period is three years. (2) During the period of initial engagement or so long you are temporary thereafter, the appointing authority may discharge you at any time on one month's notice if in his opinion you are not likely to make an efficient member of the Force. (3) Should the Central Government decide to disband the Force(Or part of it) before termination of the period for which you are enrolled or at any time thereafter, you will be liable to be discharged without compensation from the date of the disbandment. Signature of Member of the Force in acknowledgement of the above having been read out to him. Space for impression of the member;s left thumb to be taken in the Presence of the enrolling officer. Signed in my presence after I had ascertained that the candidate Understood the purport fo what he signed. 78 Commandant or the Enrolling Officer. Place Dated,the Variation(s) of conditions of service. I hereby agree to the following variation(s) in my conditions of service. Signature of Member of the Force in acknowledgement of agreeing to the variation(s). Signed in my presence after I had mentioned that the member of the Force unbderstood the purport of what he signed. Commandant or other Superior Officer Place: Dated,the HEALTH CERTIFICATE I do hereby certify that I have examined candiate for employment in the Central Reserve Police Force and cannot discover that he has any disease, constitutional affection or bodily infirmity, except; and I do not consider this a disqualification for employment. His age according to his own statement is years and by appearance ....years. Height feet inches Chest maximum inches Minimum ....inches Identification marks: Signature and designation of Medical Officer. Place: Dated,the CHARCTER AND SERVICE ROLL (Rule37) (See CRPF Form No.2) VERIFICATION ROLL (Rule 14b) (As revised vide MHA No. 2/8/62-P.II dated 7.9.66, CRPF Gazette No.9(c) dated 22.9.66(See CRP Form No.25) THE CENTRAL RESERVE POLICE DISCHARGE CERTIFICATE (Rule
Form No.25) THE CENTRAL RESERVE POLICE DISCHARGE CERTIFICATE (Rule 18) (See CRPF Form No.26) Form A.F.A.2 (See Rule35) 79 PROCEEDING OF A Assembled at On the By order of For the purpose of PRESIDENT MEMBERS: Having the assembled pursuant to order)proceed to APPENDIX 'G' Bond (Deleted vide MHA NO. 2/4/65-P.II dated 29.6.65 : GSR 1003 dated 29.6.67) Published at pages 393-443 of Gazette of India, Part.II, Section.3, dated the 5th March, 1955 and amended upto 31.12.1998. (Latest amendment vide GSR No.85 dated 18.4.1998).
THE MATERNITY BENEFIT ACT, 1961 ACT NO. 53 OF 1961 [12 th December , 1961.] An Act to regulate the employment of women in certa in establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. BE it enacted by Parliament in the Twelfth Year of th e Republic of India as follows: 1. Short title, extent and commencement. (1) This Act may be called the Maternity Benefit Act, 1961. (2) It extends to the whole of India 1*. (3) It shall come into force on such date 2 as may be notified in this behalf in the Official Gazette, 3[( a) in relation to mines and to any other establishme nt wherein persons are employed for the exhibition of equestrian, acrobatic and other perfo rmances, by the Central Government; and] (b) in relation to other establishments in a State, b y the State Government. 2. Application of Act.4[(1) It applies, in the first instance, (a) to every establishment being a factory, mine or p lantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; (b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months :] Provided that the State Government may, with the ap proval of the Central Government, after giving not less than two months notice of its intention o f so doing, by notification in the Official Gazette , declare that all or any of the provisions of this A ct shall apply also to any other establishment or c lass of establishments, industrial, commercial, agricultura l or otherwise. (2) 5[Save as otherwise provided in 6[sections 5A and 5B], nothing contained in this Act ] shall apply to any factory or other establishment to which the provisions of the Employees State Insurance Act, 1 948 (34 of 1948), apply for the time being. 3. Definitions. In this Act, unless the context otherwise requires, (a) appropriate Government means, in relation to an establishment being a mine, 7[or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances,] the Central Government and in relati on to any other establishment, the State Government; (b) child includes a still-born child; 1. The words except the State of Jammu and Kashmir omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 2. 1st November, 1963, vide notification No. S.O. 2920 (E), dated 5th October, 1963, see Gazette of India, Extraordinary, Part II, sec. 3 ( ii ). 3. Subs. by Act 52 of 1973, s. 2, for clause ( a) (w.e.f. 1-3-1975). 4. Subs. by Act 61 of 1988, s. 2, for the opening p aragraph (w.e.f. 10-1-1989). 5. Subs. by Act 21 of 1972, s. 2, for Nothing cont ained in this Act (w.e.f. 1-6-1972). 6. Subs. by Act 53 of 1976, s. 2, for section 5A (w.e.f. 1-5-1976). 7. Ins. by Act 52 of 1973, s. 4 (w.e.f. 1-3-1975). 3 1[( ba ) commissioning mother means a biological mother who uses her egg to create an embryo implanted in any other woman;] (c) delivery means the birth of a child; (d) employer means (i) in relation to an establishment which is under th e control of the Government, a person or authority appointed by the Government for the super vision and control of employees or where no person or authority is so appointed, the head of th e department; (ii ) in relation to an establishment under any local a uthority, the person appointed by such authority for the supervision and control of employ ees or where no person is so appointed, the chief executive officer of the local authority; (iii ) in any other case, the person who, or the authori ty which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managi ng agent, or by any other name, such person; 2[( e) establishment means (i) a factory; (ii ) a mine; (iii ) a plantation; (iv ) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; 3* 4[( iva) a shop or establishment; or] (v) an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable;] (f) factory means a factory as defined in clause( m) of section 2 of the Factories Act, 1948 (63 of 1948); (g) Inspector means an Inspector appointed under se ction 14; (h) maternity benefit means the payment referred to in sub-section ( 1) of section 5; 5[( ha ) medical termination of pregnancy means the term ination of pregnancy permissible under the provisions of Medical Termination of Pregnancy Act, 1971 (34 of 1971);] (i) mine means a mine as defined in clause ( j) of section 2 of the Mines Act, 1952 (35 of 1952); (j) miscarriage means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860); (k) plantation means a plantation as defined in cla use ( f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); (l) prescribed means prescribed by rules made under this Act; (m) State Government, in relation to a Union territ ory, means the Administrator thereof; 1. Ins. by Act 6 of 2017, s. 2 (w.e.f. 1-4-2017). 2. Subs. by Act 52 of 1973, s. 4, for clause ( e) (w.e.f. 1-3-1975). 3. The word or omitted by Act 61 of 1988, s. 3 (w .e.f. 10-1-1988). 4. Ins. by s. 3, ibid . (w.e.f. 10-1-1988). 5. Ins. by Act 29 of 1995, s. 2 (w.e.f. 1-2-1996). 4 (n) wages means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fu lfilled and includes (1) such cash allowances (including dearness allowanc e and house rent allowance) as a woman is for the time being entitled to; (2) incentive bonus; and (3) the money value of the concessional supply of foo d grains and other articles, but does not include (i) any bonus other than incentive bonus; (ii ) over-time earnings and any deduction or payment m ade on account of fines; (iii ) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for t he time being in force; and (iv ) any gratuity payable on the termination of servic e; (o) woman means a woman employed, whether directly or through any agency, for wages in any establishment. 4. Employment of, or work by, women prohibited duri ng certain periods. (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery 1[, miscarriage or medical termination of pregnancy] . (2) No woman shall work in any establishment during t he six weeks immediately following the day of her delivery 1[, miscarriage or medical termination of pregnancy] . (3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her empl oyer to do during the period specified in sub-secti on (4) any work which is of an arduous nature or which i nvolves long hours of standing, or which in any way is likely to interfere with her pregnancy or the no rmal development of the foetus, or is likely to cau se her miscarriage or otherwise to adversely affect her he alth. (4) The period referred to in sub-section ( 3) shall be (a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery; (b) any period during the said period of six weeks fo r which the pregnant woman does not avail of leave of absence under section 6. 5. Right to payment of maternity benefit.2[( 1) Subject to the provisions of this Act, every woma n shall be entitled to, and her employer shall be lia ble for, the payment of maternity benefit at the ra te of the average daily wage for the period of her actual abs ence, that is to say, the period immediately preced ing the day of her delivery, the actual day of her deli very and any period immediately following that day. ] Explanation .For the purpose of this sub-section, the average da ily wage means the average of the womans wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which sh e absents herself on account of maternity, 3[the minimum rate of wage fixed or revised under the Min imum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest]. (2) No woman shall be entitled to maternity benefit u nless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 4[eighty days] in the twelve months immediately prec eding the date of her expected delivery: 1. Subs. by Act 29 of 1995, s. 3, for or her misca rriage (w.e.f. 1-2-1996). 2. Subs. by Act 61 of 1988, s. 4, for the opening p aragraph (w.e.f. 10-1-1989). 3. Subs. by s. 4, ibid ., for or one rupee a day, whichever is higher. ( w.e.f. 10-1-1989). 4. Subs. by s. 4, ibid ., for one hundred and sixty days (w.e.f. 10-1-19 89). 5 Provided that the qualifying period of 1[eighty days] aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration. Explanation.For the purpose of calculating under t his sub-section the days on which a woman has actually worked in the establishment, 2[the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twe lve months immediately preceding the date of her expect ed delivery shall be taken into account. 3[(3) The maximum period for which any woman shall b e entitled to maternity benefit shall be 4 4[twenty-six weeks of which not more than eight week s] shall precede the date of her expected delivery: ] 5[Provided that the maximum period entitled to mater nity benefit by a woman having two or more than two surviving children shall be twelve weeks o f which not more than six weeks shall precede the date of her expected delivery:] 6[Provided further that] where a woman dies during t his period, the maternity benefit shall be payable payable only for the days up to and including the d ay of her death: 7[ 8[Provided also that] where a woman, having been del ivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case th e child, the employer shall be liable for the mater nity benefit for that entire period but if the child als o dies during the said period, then, for the days u p to and including the date of the death of the Child.] 9[(4) A woman who legally adopts a child below the a ge of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be. (5) In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after ava iling of the maternity benefit for such period and on such conditions as the employer and the woman may m utually agree.] STATE AMENDMENTS Assam Amendment of Section 5 of Central Act 53 of 1961 (a s amended by Assam Act 12 of 1964). In the explanation appended to sub-section ( 1) of section 5 of the principal Act, as amended by the Assam Act 12 of 1964, the word six appearing after the words multiplied by shall be substituted by the w ord seven. [Vide Assam Act, 2 of 1984, s. 2.] 10 [5A. Continuance of payment of maternity benefit in certain cases. Every woman entitled to the payment of maternity benefit under this Act sha ll, notwithstanding the application of the Employee s State Insurance Act, 1948 (34 of 1948), to the fact ory or other establishment in which she is employed , continue to be so entitled until she becomes qualif ied to claim maternity benefit under section 50 of that Act.] 11 [5B. Payment of maternity benefit in certain cases. Every woman 1. Subs. by Act 61 of 1988, s. 4, for one hundred and sixty days (w.e.f. 10-1-1989). 2. Subs
, for one hundred and sixty days (w.e.f. 10-1-1989). 2. Subs. by, s. 4, ibid ., for the days for which she has been laid off (w .e.f. 10-1-1989). 3. Subs. by s. 4, ibid ., for sub-section (3) (w.e.f. 10-1-1989). 4. Subs. by Act 6 of 2017, s. 3 for twelve weeks of which not more than six weeks (w.e.f. 1-4-2017 ). 5. Ins. by s. 3, ibid (w.e.f. 1-4-2017). 6. Subs. by s. 3, ibid ., for Provided that (w.e.f. 1-4-2017) 7. Subs. by Act 61 of 1988, s. 4, for the second pr oviso (w.e.f. 10-1-1989). 8. Subs. by Act 6 of 2017, s. 3 for Provided furth er that (w.e.f. 1-4-2017). 9. Ins. by, s. 3, ibid (w.e.f. 1-4-2017). 10. Ins. by Act 21 of 1972, s. 3 (w.e.f. 1-6-1972). 11. Ins. by Act 53 of 1976, s. 3 (w.e.f. 1-5-1976). 6 (a) who is employed in a factory or other establishme nt to which the provisions of the Employees State Insurance Act, 1948 (34 of 1948), apply; (b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause ( b) of clause ( 9) of section 2 of that Act; and (c) who fulfils the conditions specified in sub-secti on ( 2) of section 5, shall be entitled to the payment of maternity benef it under this Act.] 6. Notice of claim for maternity benefit and paymen t thereof. (1) Any woman employed in an establishment and entitled to maternity benefit und er the provisions of this Act may give notice in wr iting in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work i n any establishment during the period for which she receives maternity benefit. (2) In the case of a woman who is pregnant, such noti ce shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery. (3) Any woman who has not given the notice when she w as pregnant may give such notice as soon as possible after the delivery. 1[( 4) On receipt of the notice, the employer shall perm it such woman to absent herself from the establishment during the period for which she recei ves the maternity benefit.] (5) The amount of maternity benefit for the period pr eceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the s ubsequent period shall be paid by the employer to t he woman within forty-eight hours of production of suc h proof as may be prescribed that the woman has been delivered of a child. (6) The failure to give notice under this section sha ll not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or o n an application made to him by the woman, order th e payment of such benefit or amount within such perio d as may be specified in the order. 7. Payment of maternity benefit in case of death of a woman. If a woman entitled to maternity benefit or any other amount under this Act, dies be fore receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section ( 3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative. 2[8. Payment of medical bonus. (1) Every woman entitled to maternity benefit under t his Act shall also be entitled to receive from her employer a med ical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge. (2) The Central Government may before every three yea rs, by notification in the Official Gazette, increase the amount of medical bonus subject to the maximum of twenty thousand rupees.] 3[9. Leave for miscarriage, etc. In case of miscarriage or medical termination of pr egnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks imm ediately following the day of her miscarriage or, a s the case may be, her medical termination of pregnancy.] 4[9A. Leave with wages for tubectomy operation. In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed, b e entitled to leave with wages at the rate of mater nity benefit for a period of two weeks immediately follo wing the day of her tubectomy operation.] 1. Subs. by Act 61 of 1988, s. 5, for sub-section ( 4) (w.e.f. 10-1-1989). 2. Subs. by Act 15 of 2008, s. 2, for section 8 (w. e.f. 15-4-2008). 3. Subs. by Act 29 of 1995, s. 4, for section 9 (w. e.f. 1-2-1996). 4. Ins. by s. 5, ibid . (w.e.f. 1-2-1996). 7 10. Leave for illness arising out of pregnancy, del ivery, premature birth of child 1[, miscarriage, medical termination of pregnancy or tubectomy opera tion]. A woman suffering from illness arising out of pregnancy, delivery, premature birth of chil d 1[, miscarriage, medical termination of pregnancy or tubectomy operation] shall, on production of such p roof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leav e with wages at the rate of maternity benefit for a maximu m period of one month. 11. Nursing breaks. Every woman delivered of a child who returns to dut y after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the c hild until the child attains the age of fifteen mon ths. 2[11A. Crche facility.( 1) Every establishment having fifty or more employee s shall have the facility of crche within such distance as may be p rescribed, either separately or along with common facilities: Provided that the employer shall allow four visits a day to the creche by the woman, which shall also include the interval for rest allowed to her. (2) Every establishment shall intimate in writing a nd electronically to every woman at the time of her initial appointment regarding every benefit availab le under the Act.] 12. Dismissal during absence of pregnancy. (1) When a woman absents herself from work in accordance with the provisions of this Act, it shal l be unlawful for her employer to discharge or dism iss her during or on account of such absence or to give notice of discharge or dismissal on such a day tha t the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her se rvice. (2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitle d to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving h er of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescr ibed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her o f the maternity benefit or medical bonus or both. 3[( b) Any woman deprived of maternity benefit or medica l bonus, or both, or discharged or dismissed during or on account of her absence from work in ac cordance with the provisions of this Act, may, with in sixty days from the date on which order of such dep rivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.] (c) Nothing contained in this sub-section shall affec t the provisions contained in sub-section ( 1). 13. No deduction of wages in certain cases. No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of (a) the nature of work assigned to her by virtue of t he provisions contained in sub-section ( 3) of section 4; or (b) breaks for nursing the child allowed to her under the provisions of section 11. 14. Appointment of Inspectors. The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which t hey shall exercise their functions under this Act. 15. Powers and duties of Inspectors. An Inspector may, subject to such restrictions or c onditions as may be prescribed, exercise all or any of the fo llowing powers, namely: 1. Subs. by Act 29 of 1995, s. 6, for or miscarria ge (w.e.f. 1-2-1996). 2. Ins. by Act 6 of 2017, s. 4 (w.e.f. 1-7-2017). 3. Subs. by Act 61 of 1988, s. 7, for clause ( b) (w.e.f. 10-1-1989). 8 (a) enter at all reasonable times with such assistant s, if any, being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where woman are employed or work is given to them in an e stablishment, for the purposes of examining any registers, records and notices required to be kept or exhibited by or under this Act and required thei r production for inspection; (b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment: Provided that no person shall be compelled under th is section to answer any question or give any evidence tending to incriminate himself; (c) require the employer to give information regardin g the names and addresses of women employed, payments made to them, and applications o r notices received from them under this Act; and (d) take copies of any registered and records or noti ces or any portions thereof. 16. Inspectors to be public servants. Every Inspector appointed under this Act shall be d eemed to be a public servant within the meaning of section 2 1 of the Indian Penal Code (45 of 1860). 17. Power of Inspector to direct payments to be mad e.1[( 1) Any woman claiming that (a) maternity benefit or any other amount to which sh e is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld; (b) her employer has discharged or dismissed her duri ng or on account of her absence from work in accordance with the provisions of this Act, may make a complaint to the Inspector. (2) The Inspector may, of his own motion or on receip t of a complaint referred to in sub-section ( 1), make an inquiry or cause an inquiry to be made and if satisfied that (a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders; (b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may pas s such orders as are just and proper according to the circumstances of the case.] (3) Any person aggrieved by the decision of the Inspe ctor under sub-section ( 2) may, within thirty days from the date on which such decision is commun icated to such persons, appeal to the prescribed authority. (4) The decision of the prescribed authority where an appeal has been preferred to it under sub- section ( 3) or of the Inspector where no such appeal has been preferred, shall be final. 2[( 5) Any amount payable under this section shall be re coverable by the Collector on a certificate issued for that amount by the Inspector as an arrea r of land revenue.] 18. Forfeiture of maternity benefit. If a woman works in any establishment after she has been permitted by her employer to absent herself under t he provisions of section 6 for any period during su ch authorised absence, she shall forfeit her claim to the maternity benefit for such period. 19. Abstract of Act and rules thereunder to be exhi bited. An abstract of the provisions of this Act and the rules made thereunder in the language o r languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed. 20. Registers, etc. Every employer shall prepare and maintain such regi sters, records and muster- rolls and in such manner as may be prescribed. 1. Subs. by Act 61 of 1988, s. 8, for sub-sections (1) and ( 2) (w.e.f. 10-1-1989). 2. Subs. by s. 8, ibid. , for sub-section ( 5) (w.e.f. 10-1-1989). 9 1[21. Penalty for contravention of Act by employer. (1) If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during o r on account
amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during o r on account of her absence from work in accordance w ith the provisions of this Act, he shall be punisha ble with imprisonment which shall not be less than thre e months but which may extend to one year and with fine which shall not be less than two thousand rupe es but which may extend to five thousand rupees: Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. (2) If any employer contravenes the provisions of thi s Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under thi s Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both: Provided that where the contravention is of any pro vision regarding maternity benefit or regarding payment of any other amount and such maternity bene fit or amount has not already been recovered, the court shall, in addition, recover such maternity be nefit or amount as if it were a fine and pay the sa me to the person entitled thereto.] 22. Penalty for obstructing Inspector. Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuan ce of this Act or the rules made thereunder or conc eals or prevents any person from appearing before or bei ng examined by an Inspector shall be punishable wit h imprisonment 2[which may extend to one year, or with fine which m ay extend to five thousand rupees], or with both. 3[23. Cognizance of offences. (1) Any aggrieved woman, an office-bearer of a trade union registered under the Trade Unions Act, 1926 (16 of 1926) of which such woman is a member or a voluntary organisation registered under the Societi es Registration Act, 1860 (21 of 1860) or an Inspec tor, may file a complaint regarding the commission of an offence under this Act in any court of competent jurisdiction and no such complaint shall be filed a fter the expiry of one year from the date on which the offence is alleged to have been committed. (2) No court inferior to that of a Metropolitan Magis trate or a Magistrate of the first class shall try any offence under this Act]. 24. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shal l lie against any person for anything which is in goo d faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder. 25. Power of Central Government to give directions. The Central Government may give such directions as it may deem necessary to a State Gove rnment regarding the carrying into execution of the provisions of this Act and the State Government sha ll comply with such directions. 26. Power to exempt establishments. If the appropriate Government is satisfied that hav ing regard to an establishment or a class of establishments pr oviding for the grant of benefits which are not les s favourable than those provided in this Act, it is n ecessary so to do, it may, by notification in the O fficial Gazette, exempt, subject to such conditions and res trictions, if any, as may be specified in the notif ication, the establishment or class of establishments from t he operation of all or any of the provisions of thi s Act or of any rule made thereunder. 27. Effect of laws and agreements inconsistent with this Act. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent t herewith contained in any other law or in the terms of any award, agreement or contract of service, whethe r made before or after the coming into force of thi s Act: 1. Subs. by Act 61 of 1988, s. 9, for section 21 (w .e.f. 10-1-1989). 2. Subs. by s. 10, ibid ., for which may extend to three months, or with f ine which may extend to five hundred rupees (w.e.f. 10-1-1989). 3. Subs. by s. 11, ibid ., for section 23 (w.e.f. 10-1-1989). 10 Provided that where under any such award, agreement , contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall c ontinue to be entitled to the more favourable benef its in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of othe r matters under this Act. (2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter which are m ore favourable to her than those to which she would be entitled under this Act. 28. Power to make rules. (1) The appropriate Government may, subject to the co ndition of previous publication and by notification in the Off icial Gazette, make rules for carrying out the purp oses of this Act. (2) In particular, and without prejudice to the gener ality of the foregoing power, such rules may provide for (a) the preparation and maintenance of registers, rec ords and muster-rolls; (b) the exercise of powers (including the inspection of establishments and the performance of duties by Inspectors for the purposes of this Act; (c) the method of payment of maternity benefit and ot her benefits under this Act in so far as provision has not been made therefor in this Act; (d) the form of notices under section 6; (e) the nature of proof required under the provisions of this Act; (f) the duration of nursing breaks referred to in sec tion 11; (g) acts which may constitute gross misconduct for pu rposes of section 12; (h) the authority to which an appeal under clause ( b) of sub-section ( 2) of section 12 shall lie; the form and manner in which such appeal may be made an d the procedure to be followed in disposal thereof; (i) the authority to which an appeal shall lie agains t the decision of the Inspector under section 17; the form and manner in which such appeal may be mad e and the procedure to be followed in disposal thereof; (j) the form and manner in which complaints may be ma de to Inspectors under sub-section ( 1) of section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be made under sub-section ( 2) of that section; (k) any other matter which is to be, or may be, presc ribed. (3) Every rule made by the Central Government under t his section shall be laid as soon as may be after it is made, before each House of Parliament w hile it is in session for a total period of thirty days which may be comprised in one session 1[or in two or more successive sessions, and if, bef ore the expiry of the session immediately following the session or the successive sessions aforesaid,] both Houses ag ree in making any modification in the rule or both Hous es 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 wi thout prejudice to the validity of anything previou sly done under that rule. 1. Subs. by Act 52 of 1973, s. 5, for certain words (w.e.f. 1-3-1975). 11 29. Amendment of Act 69 of 1951. In section 32 of the Plantations Labour Act, 1951. (a) in sub-section ( 1), the letter and brackets ( a) before the words in the case of sickness, the word and after the words sickness allowance and clause ( b) shall be omitted; (b) in sub-section ( 2), the words or maternity shall be omitted. 30. Repeal. On the application of this Act (i) to mines, the Mines Maternity Benefit Act, 1941 ( 19 of 1941); and (ii ) to factories situate in the Union territory of De lhi, the Bombay Maternity Benefit Act, 1929 (Bom. Act VII of 1929), as in force in that territo ry, shall stand repealed.
THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA ACT, 2008 ACT NO. 27 OF 2008 [5th December , 2008.] An Act to provide for the establishment of an Airports Economic Regulatory Authority to regulate tariff and other charges for the aeronautical services rendered at airports and to monitor performance standards of airports 1* * * and for matters connected t herewith or incidental thereto. BE it enacted by Parliament in the Fifty -ninth Year of th e Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, commencement and application .(1) This Act may be called the Airports Economic Regulatory Authority of India Act, 2008. (2) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. (3) It applies to (a) all airports whereat air transport services are operated or are intended to be operated, other than airports and airfields belonging to or subject to the control of the Armed Forces or paramilitary Forces of the Union; (b) all private airports and leased airports; (c) all civil enclaves; (d) all major airports. 2. Definitions .In thi s Act, unless the context ot herwise requires, (a) "aeronautical serv ice" means any service provided (i) for navigation, surveillance and supportive communication thereto for air traffic management; (ii) for the landing, housing or parking of an aircraft or any other ground facility offered in connection with aircraft operations at an airport; (iii) for ground safety services at an airport; (iv) for ground handling services relating to aircraft, passengers an d cargo at an airport; (v) for the cargo facility at an airport; (vi) for supplying fuel to the aircraft at an airport; and (vii) for a stake -holder at an airport, for which the charges, in the opinion of the Central Government for the reasons to be recorded in writing, may be determined by the Authority; (b) "airport" means a landing and taking off area for aircrafts, usually with runw ays and aircraft maintenance and passenger facilities and includes an aerodrome as defined in clause ( 2) of section 2 of the Aircraft Act, 1934 (22 of 1934) ; (c) "airport user" means any person availing of passenger or cargo facilities at an airport; 1. The words and also to establish Appellate Tribunal to adjudicate disputes and dispose of appeals o mitted by Act 7 of 2017, s. 170 (w.e.f. 26-5-2017) . 2. 1st January, 2009 (except Chapters III and IV) , vide notification No. S.O. 894(E), dated 30th December , 2008, see Gazette of India, Extraordinary, Part II, s ec. 3 (ii). 5 1[(d) "Appellate Tribunal" means the Telecom Disputes Settlement and Appellate Tribu nal referred to in section 17;] (e) "Authority" means the Airports Economic Regulatory Authority established under sub-section ( 1) of section 3; (f) "civil enclave" means an area, if any, allotted at an airport belonging to any armed force of the Union, for use by persons availing of any air transport services from such airport or for the handling of baggage or cargo by such service, and includes land compris ing of any building and structure on such area; (g) "Chairperson" means the Chairperson of the Authority appointed under sub -section ( 2) of section 4; (h) "leased airport" means an airport in respect of which a lease has been made under section 12A of the Airports Authority of India Act, 1994 (55 of 1994) ; (i) "major airport" means any airport which has, or is designated to have, annual passenger throughput in excess of 2[three and a half million] or any other airport 3[or a group of airports] as the Central Government may, by notif ication, specify as such; (j) "Member" means a Member of the Authority and includes the Chairperson; (k) "prescribed" means prescribed by rules made under this Act; (l) "private airport" has the same meaning as assigned to it in clause ( nn) of section 2 of the Airports Authority of India Act, 1994 (55 of 1994) ; (m) "regulations" means regulations made by the Authority under this Act; (n) "service provider" means any person who provides aeronautical services and is eligible to levy and charge user development fees from the embarking passengers at any airport and includes the authority which manages the airport; (o) "stake -holder" includes a license e of an airport, airlines operating thereat, a person who provides aeronautical services, and any association of individuals, which in the opinion of the Authority, represents the passenger or cargo facility users; (p) words and expressions used but not de fined in this Act and defined in the Airports Authority of India Act, 1994 (55 of 1994) shall have the same meanings respectively assigned to them in that Act. CHAPTER II THE AIRPORT S ECONOMIC REGULATORY AUTHORITY 3. Establishment of Authority .(1) The Central Government shall, within three months from the date of commencement of this Act, by notification in the Official Gazette, establish an Authority, to be known as the Airports Economic Regulatory Authority, to exercise the powers conferred on, and th e functions assigned to it, by or under this Act. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. (3) The head office of the Authority shall be at such place as the Central Government may, by notification in the Official Gazette, specify. 4. Composition of Authorit y.(1) The Authority shall consist of a Chairperson and two other Members to be appointed by the Central Government: 1. Subs. by Act 7 of 2017, s. 170 , for clause ( d) (w.e.f. 26 -5-2017). 2. Subs. by Act 27 of 2019, s. 2, for one and a half million (w.e.f. 26 -9-2019). 3. Ins . by Act 28 of 2021, s. 2 (w.e.f. 13-4-2022). 6 Provided that whenever the Authority is deciding a matter involving a civil enclave in a defence airfield, there shall be an additional Member, not below the rank of Additional S ecretary to the Government of India, to be nominated by the Ministry of Defence. (2) The Chairperson and Members of the Authority shall be appointed by the Central Government from amongst persons of ability and integrity having adequate knowledge of, and professional experience in, aviation, economics, law, commerce or consumer affairs: Provided that a person who is or has been in the service of Government shall not be appointed as a Member unless such person has held the post of Secretary or Additional Secretary to the Government of India or any equivalent post in the Central or State G overnment for a total period of not less than three years. (3) The Chairperson and other Members shall be whole -time Members. (4) The Chairperson or other Members shall not hold any other office. (5) The Chairperson shall be the Chief Executive of the Auth ority. (6) The Chairperson and other Members of the Authority shall be appointed by the Central Government on the recommendation of Selection Committee referred to in section 5. 5. Constitution of Selection Committee to recommend Members .(1) The Central G overnment shall, for the purpose of sub -section ( 6) of section 4 constitute a Selection Committee consi sting of the following, namely: (a) Cabinet Secretary Chairman; (b) Secretary, in the Ministry of Civil Aviation Member; (c) Secretary, Department of Legal Affairs in the Ministry of Law and Justice Member; (d) Secretary, in the Ministry of Defence Member; (e) One expert to be nominated by the Ministry of Civil Aviation Member . (2) The Central Government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or a Member and six months before the superannuation or end of tenure of the Chairperson or any Member, make a reference to the Selection Committee for filling up of the vacancy. (3) The Selection Committee shall finalise the selection of the Chairperson and Members within one month from the date on which the reference is made to it. (4) The Selection Committee shall recommend a panel of two names for every vacancy re ferred to it. (5) Before recommending any person for appointment as a Chairperson or other Member of the Authority, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejud icially his functions as a Member. (6) No appointment of the Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee. 6. Terms of office and other con ditions of service, etc., of Chairperson and Members .(1) The Chairperson and other Members, shall hold office, as such, for a term of five years from the date on which he enters upon his office, but shall not be eligible for re -appointment: Provided that no Chairperson or other Member shall hold of fice, as such , after he attains (a) in the case of the Chairperson, the age of sixty -five years; and (b) in the case of any other Member, the age of sixty -two years. 7 Explanation .For the purposes of this sub -section, a Member may be appointed as Chairperson of the Authority, but a person who has been the Chairperson shall not be eligible for appointment as a Member. (2) The salary and allowances payable to, and the other terms and con ditions of service of, the Chairperson and other Members shall be such as may be prescribed. (3) The salary, allowances and other conditions of service of the Chairperson and other Members shall not be varied to their disadvantage after their appointment. (4) Notwithstanding anything contained in sub -section ( 1), the Chairperson or any Member may, (a) relinquish his office by giving, in writing to the Central Government, a notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 8. (5) The Chairperson or any Member ceasing to hold office, as such, shall (a) be ineligible for further employment under the Central Government or any State Government for a period of two years from the date he ceases to hold such office; (b) not accept any commercial employment including private for a period of two years from the date he ceases to hold such office; or (c) not represent any person before the Authority in any other manner. Explanation .For th e purposes of this sub -section, (a) "employment under the Central Government or State Government" includes employment under any local or other authority within the territory of India or under the control of the Central Government or State Government or under any corporation or society owned or controll ed by the Government; (b) "commercial employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in any field and includes also a director of a company or partner of a firm an d it also includes setting up practice either independently or as partner of a firm or as an adviser or a consultant. 7. Power of Chairperson .The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the Authority and he shall, in addition to presiding over the meetings of the Authority, exercise and discharge such powers and functions of the Authority and shall discharge such other powers and functions as may be prescribed. 8. Removal and suspension of Me mbers .(1) The Central Government may, by order, remove from office the Chairperson or other Member, if the Chairperson or such other Member, as the case may be, (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or (f) has engaged at any time during his term of office in any other employment. (2) The Chairperson or any other Member shall not be removed from his office except by an order of the Central Government on the ground of his proved misbehavior or incapacity after the Central 8 Government, has, on an inquiry, held in accordance with the proc edure prescribed in this behalf by the Central Government, come to the conclusion that the Member ought on any such ground to be removed. (3) The Central Government may suspend any Member in respect of whom an inquiry under sub-section ( 2) is being initia ted or pending until the Central Government has passed an order on receipt of the report of the inquiry. 9. Appointment of Secretary, experts, professionals and officers a nd other employees of Authority .(1) The Central Government may appoint a Secretary to discharge his functions under this Act. (2) The Authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions under this Act. (3) The salaries and allowances payable to and other terms and conditions of service of the Secretary and officers and other employees of the Authority and the number of such officers and other employees shall be such as may be prescribed. (4) The Authority may engage, in accordance with the procedure specified by re gulations such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such other disciplines related to aviation as it deems necessary to assist the Authority in the discharge of its functions under this Act. 10. Meetings .(1) The Authority shall meet at such places and times and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings), as may be determined by regulations. (2) The Chairperson shall preside at the meeting of the Authority and if for any reason the Chairperson is unable to attend a meeting of the Authority, any other Member chosen
the meeting of the Authority and if for any reason the Chairperson is unable to attend a meeting of the Authority, any other Member chosen by the members present from amongst themselves at the meeting shall preside at the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the Members present and voting and, in the event of an equality of votes, the Chairperson or the Member presiding shall have the right to exercise a second or casting vote. (4) Save as otherwise provided in sub -section ( 1), every Member shall have one vote. 11. Authentication .All orders and decisions of the Authority shall be authenticated by signatures of the Secretary or any other officer of the Authority, duly authorised by the Authority in this behalf. 12. Vacancies, etc., not to invalidate proceedings of Authority .No act or proceedings of the Authority shall be invalid merely by reason o f (a) any vacancy in, or any defect in, the constitution of the Authority; or (b) any defect in the appointment of a person acting as a Member of the Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. CHAPTER III POWERS AND FUNCTIONS OF THE AUTHORITY 13. Functions of Authorit y.(1) The Authority shall perform the following functions in res pect of major airports, namely : (a) to determine the tariff for the aeronautical ser vices taking into consideration (i) the capital expenditure incurred and timely investment in improvement of airport facilities; (ii) the service provided, its quality and other relevant factors; (iii) the cost for improving efficiency; (iv) economic and viable operation of major airports; (v) revenue received from services other than the aeronautical services; 9 (vi) the concession offered by the Central Government in any agreement or memorandum of understanding or otherwise; (vii) any other factor which may be relevant for the purposes of this Act: Provided that different tariff structures may be determined for differen t airports having regard to all or any of the above considerations specifi ed at sub -clauses ( i) to ( vii); (b) to determine the amount of the development fees in respect of major airports; (c) to determine the amount of the passengers service fee levied und er rule 88 of the Aircraft Rules, 1937 made under the Aircraft Act, 1934 (22 of 1934) ; (d) to monitor the set performance standards relating to quality, continuity and reliability of service as may be specified by the Central Government or any authority a uthorised by it in this behalf; (e) to call for such information as may be necessary to determine the tariff under clause ( a); (f) to perform such other functions relating to tariff, as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act. 1[(1A) Notwithstanding anything contained in sub -sections (1) and (2), the Authority shall not determine the tariff or tariff structures or the amount of development fees in respect of an airport or part thereof, if such tariff or tariff structures or the amount of development fees has been incorporated in the bidding document, which is the bas is for award of operatorship of that airport: Provided that the Authority shall be consulted in advance regarding the tariff, tariff structures or the amount of development fees which is proposed to be incorporated in the said bidding document and such tariff, tariff structures or the amount of development fees shall be notified in the Official Gazette. ] (2) The Authority shall determine the tariff once in five years and may if so considered appropriate and in public interest, amend, from time to time duri ng the said period of five years, the tariff so determined. (3) While discharging its functions under sub -section ( 1) the Authority shall not act against the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality. (4) The Authority shall ensure transparency while exercising its powers and dischar ging its functions, inter alia , (a) by holding due consultations with all stake -holders with the airport; (b) by allowing all stake -holders to make their submissions to the authority; and (c) by making all decisions of the authority fully documented and explained. 14. Powers of Authority to call for information, conduct investigations, etc .(1) Where the Authority c onsiders it expedient so to do, it may by order in writing (a) call upon any service provider at any time to furnish in writing such information or explanation relating to its functions as the Authority may require to access the performance of the service provider; or (b) appoint one or more persons to make an inquiry in relation to the affairs of any service provider; and (c) direct any of its officers or employees to inspect the books of account or other documents of any service provider. 1. Ins. by Act 27 of 2019, s. 3 (w.e. f. 26-9-2019). 10 (2) Where any inquiry in relation to the affairs of a service provider has been u ndertaken under sub-section ( 1) (a) every office of the Government department, if such service provider is a department of the Government; or (b) every director, manager, secre tary or other officer, if such service provider is a company; or (c) every partner, manager, secretary or other officer, if such service provider is a firm; or (d) every other person or body of persons who has had dealings in the course of business with an y of the persons mentioned in clauses ( b) or ( c), shall be bound to produce before the Authority making the inquiry, all such books of account or other documents in his custody or power relating to, or having a bearing on the subject -matter of such inquiry and also to furnish to the Authority with any such statement or information relating thereto, as the case may be, required of him, within such time as may be specified. (3) Every service provider shall maintain such books of account or other documents as may be prescribed. (4) The Authority shall have the power to issue such directions to monitor the performance of the service providers as it may consider necessary for proper functioning by service providers. 15. Power of Authority to issue certain dir ections .The Authority may, for the purpose of discharge of its functions under this Act, issue, from time to time to the service providers, such directions, as it may consider necessary. 16. Power of seizure .The Authority or any other officer specially a uthorised by it in this behalf may enter any building or place where the Authority has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subj ect to the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974) in so far as they may be applicable. CHAPTER IV APPELLATE TRIBUNAL 17. 1[Appellate Tribunal] . 2[The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority confe rred on it by or under this Act ] to (a) adjudicate any dispute (i) between two or more service providers; (ii) between a service provider and a group of consumer: Provided that the Appellate Tribunal may, if considers appropriate, obtain the opinion of the Authority on any m atter relating to such dispute: Provided further that nothing in this clause sh all apply in respect of matters (i) relating to the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the Monopolies and Restrictive Trade Practices Commission established under sub -section ( 1) of section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) ; (ii) relating to the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National 1. Subs. by Act 7 of 2017, s. 170, for Establishment of Appellate Tribunal (w.e.f. 26 -5-2017). 2. Subs. by s. 170 , ibid., for certain words (w.e.f. 26 -5-2017). 11 Consumer Redressal Commission established under s ection 9 of the Consumer Protection Act, 1986 (68 of 1986) ; (iii) which are within the purvie w of the Competition Act, 2002 (12 of 2003) ; (iv) relating to an order of eviction which is appealable under section 28K of the Airport s Authority of India Act, 19 94 (55 of 1994) . (b) hear and dispose of appeal against any direction, decision or order of the Authority under this Act. 18. Application for settle ment of disputes an d appeals to Appellate Tribunal .(1) The Central Government or a State Government or a local authority or any person may make an application to the Appellate Tribunal for adjudication of any dispute as referred to in clause ( a) of section 17. (2) The Central Government or a State Government or a local authority or any person aggrieved by any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal. (3) Every appeal under sub -section ( 2) shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the Authority is received by the Central Government or the State Government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for no t filing it within that period. (4) On receipt of an application under sub -section ( 1) or an appeal und er sub -section ( 2), the Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (5) The Appellate Tribunal shall send a copy of every order made by it to the pa rties to the dispute or the appeal and to the Authority, as the case may be. (6) The application made under sub -section ( 1) or the appeal preferred under sub -section ( 2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be: Provided that where any such application or appeal could not be disposed of within the said period of ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application or appeal within that period. (7) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness, of any dispute made in any application under sub -section ( 1), or of any direction or order or decision of the Authority referred to in the appeal preferred under sub -section ( 2), on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit. 19. [Compos ition of Appellate Tribunal .] Omitted by the Finance Act , 2017 (7 of 2017), s. 170 (w.e.f . 26-5-2017). 20. [Qualifications for appoint ment of Chair person and Members .] Omitted by s. 170, ibid. (w.e.f. 26-5-2017) . 21. [Term of office .] Omitted by s. 170, ibid. (w.e.f. 26-5-2017) . 22. [Terms and conditions of service .] Omitted by s. 170, ibid. (w.e.f. 26-5-2017) . 23. [Vacancies .] Omitted by s. 170, ibid. (w.e.f. 26-5-2017) . 24. [Removal and resignation .] Omitted by s. 170, ibid. (w.e.f. 26-5-2017) . 25. [Staff of Appellate Tribunal .] Omitted by s. 170, ibid. (w.e.f. 26-5-2017) . 26. [Decision to be by majority .] Omitted by s. 170, ibid. (w.e.f. 26-5-2017) . 27. [Members, etc., to be public servants .] Omitted by s. 170, ibid. (w.e.f. 26-5-2017) . 12 28. Civil court not to have j urisdiction .No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 29. Procedure and powers of Appellate Tribunal .(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) , but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure. (2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) , while trying a suit, in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the prov
) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 o f the Indian Evidence Act, 1872 (1 of 1872) , requisitioning any public record or document or a copy of such record or document, from any office; (e) issuing commissions for the examinati on of witnesses or documents; (f) reviewing its decisions; (g) dismissing an application for default or deciding it, ex parte ; (h) setting aside any order of dismissal of any application for default or any order passed by it, ex parte ; and (i) any other m atter which may be prescribed. (3) Every proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974) . 30. R ight to legal representation .The applicant or appellant may either appear in person or authorises one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal. Explanation .For the purposes of this section, (a) "chartered accountant" means a chartered accountant as defined in clause ( b) of sub-section ( 1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and who has obtained a certificate of practice under sub -section ( 1) of sect ion 6 of that Act; (b) "company secretary" means a company secretary as defined in clause ( c) of sub -section ( 1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of practice under sub -section ( 1) of section 6 of that Act; (c) "cost accountant" means a cost accountant as defined in clause ( b) of sub -section ( 1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) , and who has obtained a certificate of practice under sub -section ( 1) of section 6 of that Act; (d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice. 31. Appeal to Supreme Court .(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie against any order, not being an interlocutory order, of the Appellate Tribunal to the Supreme Court on one or more of the grounds specified in section 100 of that Code. 13 (2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties. (3) Every appeal under this section shall be preferred within a period of ninety days from the date of the deci sion or order appealed against: Provided that the Supreme Court may ente rtain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. 32. Orders passed by Appellate Tribunal to be executable as a decree .(1) An or der passed by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court. (2) Notwithstanding anything contained in sub-section ( 1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. CHAPTER V FINANCE , ACCOUNTS AND AUDIT 33. Budget .The Authority shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the Central Government, for information. 34. Grants by Central Government .The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and other Members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the Authority. 35. Annual statement of accounts . (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor -General of India. (2) The accounts of the Aut hority shall be audited by the Comptroller and Auditor - General of India at such interv als as may be specified by him. (3) The Comptroller and Auditor -General of India or any person appointed by him in connection with the audit of the accounts of the Autho rity under this Act shall have the same rights, privileges and authority in connection with such audit, as the Comptroller and Auditor -General of India generally has, in connection with the audit of the Government accounts and, in particular, shall have th e right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (4) The accounts of the Authority, as certified by 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 Parliament. 36. Furnishing of returns, etc., to Central Government .(1) The Authority shall furnish to the Central Government, at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to an y matter under the jurisdiction of the Authority, as the Central Government m ay, from time to time, require. (2) The Authority shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its act ivities during the previous year and copies of the report shall be forwarded to the Central Government. (3) A copy of the report received under sub -section ( 2) shall be laid by the Central Government, as soon as may be after it is received, before each Hou se of Parliament. 14 CHAPTER VI OFFENCES AND PENALTIES 37. Penalty for wilful failure to comply with orders of Appellate Tribunal .If any person wilfully fails to comply with the order of the Appellate Tribunal, he shall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which such defau lt continues. 38. Punishment for non -compliance of orders a nd directions under this Act .Whoever fails to comply with any order or direction given under this Act, or contravenes, or attempts to contravene or abets the contravention of the provisions of thi s Act or of any rules or regulations made thereunder shall be punishable with fine which may extend to one lakh rupees and in the case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of a continuing contraven tion with an additional fine which may extend to four thousand rupees for every day during which the default continues. 39. Punishment for non -compliance with order of Aut hority or Appellate Tribunal .If any person wilfully fails to comply with an order of the Authority or of the Appellate Tribunal, passed under Chapter IV, he shall be punishable with fine which may extend to one lakh rupees and, in the case of a second or subsequent offence, with fine which may extend to two lakh rupees and in the case of a continuing failure, with an additional fine which may extend to four thousand rupees for every day during which such failure continues. 40. Offences by companies .(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and pu nished accordingly: Provided that nothing contained in this sub -section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section ( 1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded agai nst 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" means a whole -time director in the company and in relation to a firm, means a partner in the firm. 41. Offenc es by Government Departments .(1) Where an offence under this Act has been committed by any Department of Government or any of its undertakings, the Head of the Department or its undertakings shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Not withstanding anything contained in sub -section ( 1), where an offence under this Act has been committed by any Department of Government or its undertakings and it is proved that the offence has been committed with the consent or connivance of, or is attribu table to any neglect on the part of any officer, other than the Head of the Department, or its undertakings, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 15 CHAPTER VI I MISCELLANEOUS 42. Dire ctions by Central Government .(1) The Central Government may, from time to time, issue to the Authority such directions as it may think necessary in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality. (2) Without prejudice to the foregoing provisions, the Authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of po licy as the Central Government may give in w riting to it from time to time: Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub -section. (3) The decision of the Central Government whether a question is one of policy or not shall be final. 43. Members, officers and employees of Aut hority to be public servants .The Chairperson, Members, officers and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Pen al Code (45 of 1860) . 44. Bar of jurisdiction .No civil court shall have jurisdiction in respect of any matter which the Authority is empowered by or under this Act to determine. 45. Protection o f action taken in good faith .No suit, prosecution or other l egal proceedings shall lie against the Central Government or the Authority or any Member, officer or other employees thereof for anything which is in good faith done or intended to be done under this Act or the rules and regulations made thereunder. 46. Exemption f rom tax on wealth and income .Notwithstanding anything contained in the Wealth -tax Act, 1957 (27 of 1957) , the Income -tax Act, 1961 (43 of 1961) , or any other enactment for the time being in force relating to tax on wealth, income, profits or ga ins, the Authority shall not be liable to pay wealth -tax, income -tax or any other tax in respect of their wealth, income, profits or gains derived. 47. Cognizance of offences .No court shall take cognizance of an offence punishable under this Act, except u pon a complaint in writing made by the Authority or by any officer of the Authority duly authorised by the Authority for this purpose. 48. Delegation of powers .The Authority may, by general or special order in writing, delegate to the Chairperson or any Member or officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to settle disputes and the power to make regulations), as it may dee m necessary. 49. Power of Central Gover nment to supersede Authority .(1) If, at any time, the Central Governmen t is of opinion (a) that on account of a grave emergency, the Authority is unable to discharge the functions and duties imposed on it by or unde r the provisions of this Act; or (b) that the Authority has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of which default, the financial position of the Authority or the administration of any airport, heliport, airstrip, civil enclave or aeronautical communicati on station has deteriorated; or (c) that circumstances exist which rend er it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding six months, as may be specified in the notification: 16 Provided that before issuing a notification under this sub -section for the reasons mentioned in clause (b), the Central Government shall give a reasonable opportunity to the Authority to show cause as to why it should not be superseded and shall consider the explanations and objections , if any, of the Authority. (2) Upon the publication of a notification under sub -section ( 1) superseding the Author ity,
Authority. (2) Upon the publication of a notification under sub -section ( 1) superseding the Author ity, (a) all the Members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall until the Authority is re -constituted under sub -section ( 3), be exercised and discharged by such person or persons as the Central Governme nt may direct; (c) all property owned or controlled by the Authority shall, until the Authority is re -constituted under sub -section ( 3), vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub - section ( 1), the Central Government may, (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or (b) re-constitute the Authority by fresh appointment and in such case the Memb ers who vacated their offices under clause ( a) of sub -section ( 2) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified u nder sub -section ( 1) or as extended under this sub -section, take action under clause ( b) of this sub -section. (4) The Central Government shall cause a notification issued under sub -section ( 1) and a full report of any action taken under this section and th e circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity. 50. Application o f other laws not barred .The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. 51. Power to make rules .(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the salary and allowances payable to, and the other conditions of service of, the Chairperson and other Members under sub -section ( 2) of section 6; (b) the form and manner in which and the Authority before whom the oath of office and secrecy shall be made and subscribed under sub -section ( 4) of section 6; (c) the powers and functions to be exercised or discharged by the Chairperson under section 7; (d) the procedure for conducting any inquiry made under sub -section ( 2) of section 8; (e) the salaries and allowa nces payable to, and the other terms and conditions of service of the Secretary, officers and other employees of the Authority under sub -section ( 3) of section 9; (f) the performance standards relating to the quality, continuity and reliability of service to be monitored under clause ( d) of sub -section ( 1) of section 13; (g) the books of account or other documents which are required to be maintained by the service provider under sub -section ( 3) of section 14; (h) the form and manner in which the form shall be verified and fee to be accompanied by the form under sub -section ( 3) of section 18; 17 1* * * * * (l) the form in which the Authority shall prepare, and at such time in each financial year, its budget and the time at which such budget shall be pre pared under section 33; (m) the form in which proper accounts and other relevant records shall be maintained and the annual statement of accounts shall be prepared by the Authority under sub -section ( 1) of section 35; (n) the form, manner and the time in w hich the returns and statements shall be furnished by the Authority under sub -section ( 1) of section 36; (o) the form and time at which the annual report shall be prepared by the Authority under sub-section ( 2) of section 36; (p) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules. 52. Power to make r egulations . (1) The Authority may, by notification in the Official Gazette, and with the previous approval of the Central Gove rnment, make regulations, not inconsistent with this Act, and the rules made thereunder, to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any o f the following matters, namely: (a) the procedure in accordance with which the experts and professionals may be engaged under sub-section ( 4) of section 9; (b) the places and time of meetings of the Authority and the procedure to be followed at such meetings, (including the quorum at its meetings) under sub -section ( 1) of section 10; (c) any other matter which is required to be, or may be, specified by regulations. 53. Rules and regulations to be laid before Parliament .Every rule made by the Central Government, and every regulation made by the Authority, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 54. Ame ndment of certain enactments .The enactments specified in the Schedule to this Act shall be amended in the manner specified therein and such amendments shall take effect on the date of establishment of the Authority. 55. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the pro visions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 1. Clauses (i), (j) and ( k) omitted by Act 7 of 2017, s. 170 (w.e.f. 26-5-2017). 18 THE SCHEDU LE [See section 54] AMEN DMENT TO THE AIRCRAFT ACT, 1934 (22 OF 1934) Section 5, sub -section ( 2), clause ( ab), for "or revision on tariff of operators of air transport services", substitute "or revision on tariff of operators of air transport services [other than the tariff referred to in clause ( a) of sub -section ( 1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008]". _______ AMENDMENT TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 (55 OF 1994) 1. Section 22A, for the portion beginning with the words "The Authority may" and ending with the words "for the purposes of ", substitute the following: "The Authority may, (i) after the previous approval of the Central Government in this behalf, levy on, and collect from, th e embarking passengers at an airport other than the major airports referred to in clause ( h) of section 2 of the Airports Economic Regulatory Authority of India Act, 2008 the development fees at the rate as may be prescribed; (ii) levy on, and collect from , the embarking passengers at major airport referred to in clause (h) of section 2 of the Airports Economic Regulatory Authority of India Act, 2008 the development fees at the rate as may be determined under clause ( b) of sub -section ( 1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008, and such fees shall be credited to the Authority and shall be regulated and utilised in the pre scribed manner, for the pur poses of" 2. Section 41, in sub -section ( 2), clause ( ee), for "the rat e of de velopment fees and", substitute "the rate of development fees in respect of airports other than major airports and . ______
EXTRAORDINARY PUBLISHED BY AUTHORITY NEW DELHI, FRIDAY, JULY 3, 2015/ASHADHA 12, 1937 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IISEC. 3(i)j] WAQF CENTRAL COUNCIL AMENDMENT MINISTRY OF MINORITY AFFAIRS NOTIFICATION New Delhi, the 2nd July, 2015 G.S.R. 532(E).In exercise of the powers conferred by sub-sections (1) and (2) of section 12 of the Waqf Act 1995 (43 of 1995), the Central Government hereby makes the following rules further to amend the Central Waqf Council Rules, 1998, namely:- 1. (1) These Rules may be called the Central Waqf Council (Amendment) Rules, 2015. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In rule 11 of the Central Waqf Council Rules, 1998 (hereinafter referred to as the said rules), in sub- rule (2),- (a) under the heading Travelling Allowance, for Note III, the following Note shall be substituted, namely:- "III. In respect of journeys by road from residence to the airport or railway station and from these points to the place where a meeting of the Council is being held, the claims for travelling allowance by the members of Central Waqf Council shall be regulated in accordance with the such rules as are admissible to the Joint Secretary to the Government of India." (b) under the heading Daily Allowance, for clause (a), the following clause shall be substituted, namely:- "(a) for each day of the meeting, the claims for dearness allowance by the members of Central Waqf Council shall be regulated in accordance with the such rules as are admissible to the Joint Secretary to the Government of India." [TPT Il-TsFS 3 (i)] ?rca ^T u3\m . srwm^i 3. In rule 15 of the said rules, in sub-rule (i),- (i) in clause (a), for the letters, figures, brackets and words "Rs.50,000 (Rupees fifty thousand only)" and "Rs.2,00,000 (Rupees two lakh)", the letters, figures, brackets and words "Rs. 1,00,000 (Rupees One Lakh)" and "Rs.5,00,000 (Rupees five lakh)" shall respectively be substituted; (ii) in clause (b), for the letters, figures, brackets and words "Rs.20,000 (Rupees twenty thousand only)" and "Rs.40,000 (Rupees forty thousand)", the letters, figures, brackets and words "Rs.50,000 (Rupees fifty thousand)" and "Rs.i,00,000 (Rupees one iakh)" shaii respectively be substituted. (iii) after clause (b), the following Note shall be inserted, namely :- "Any expenditure exceeding the limites specified in clause (a) or clause (b) shall be sanctioned by the Central Waqf Council and in case of urgency, the Chairperson may sanction the same which shall be brought before the Council for ratification post facto." [F. No. 8/2/2014-Wakf] RAKESH MOHAN, Jt. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (i), vide number G.S.R. 593, dated the 30,h September, 1998 and subsequently amended vide number O.S.F-. 240(E), dated the 22nd March, 2012 and number G.S.R. 693(E), dated the 25Ih"September, 2014. Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

1 THE TRIBUNALS REFORMS ACT, 2021 _______________ ARRANGEMENT OF SECTIONS Last Updated: 20-9-2021 ______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement 2. Definitions. CHAPTER II CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL 3. Qualifications, appointment, etc., of Chairperson and Members of Tribunal. 4. Removal of Chairperson or Member of Tribunal. 5. Term of office of Chairperson and Member of Tribunal. 6. Eligibility for re -appointment. 7. Salary and allowances. CHAPTER III AMENDM ENT OF THE INDUSTRIAL DISPUTES ACT , 1947 8. Amendment of Act 14 of 1947. CHAPTER IV AMENDMENTS TO THE CINEMATOGRAPH ACT, 1952 9. Amendment of Act 37 of 1952. CHAPTER V AMENDMENTS TO THE COPYRIGHT ACT, 1957 10. Amendment of Act 14 of 1957. CHAPTER VI AMENDMENT TO THE INCOME -TAX ACT , 1961 11. Amendment of Act 43 of 1961. 2 CHAPTER VII AMENDMENTS TO THE CUSTOMS ACT , 1962 SECTIONS 12. Amendment of Act 52 of 1962. CHAPTER VIII AMENDMENTS TO THE PATENTS ACT , 1970 13. Amendment of Act 39 of 1970. CHAPTER IX AMENDMENT TO THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY ) ACT, 1976 14. Amendment of Act 13 of 1976. CHAPTER X AMENDMENT TO THE ADMINISTRATIVE TRIBUNALS ACT, 1985 15. Amendment of Act 13 of 1985. CHAPTER XI AMENDMENT TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 16. Amendment of Act 54 of 1987. CHAPTER XII AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 17. Amendment of Act 15 of 1992. CHAPTER XIII AMENDMENT TO THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 18. Amendment of Act 51 of 1993. CHAPTER XIV AMENDMENTS TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 19. Amendment of Act 55 of 1994 . 3 CHAPTER XV AMENDMENT TO THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 SECTIONS 20. Amendment of Act 24 of 1997 . CHAPTER XVI AMENDMENTS TO THE TRADE MARKS ACT, 1999 21. Amendment of Act 47 of 1999 . CHAPTER XVII AMENDMENTS TO THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION ) ACT, 1999 22. Amendment of Act 48 of 1999 . CHAPTER XVIII AMENDMENTS TO THE PROTECTION OF P LANT VARIETIES AND FARMERS RIGHTS ACT, 2001 23. Amendment of Act 53 of 2001 . CHAPTER XIX AMENDMENTS TO THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC ) ACT, 2002 24. Amendment of Act 13 of 2003 . CHAPTER XX AMENDMENT TO THE ELECTRICITY ACT, 2003 25. Amendment of Act 36 of 2003 . CHAPTER XXI AMENDMENT TO THE ARMED FORCE TRIBUNAL ACT, 2007 26. Amendment of Act 55 of 2007 . CHAPTER XXII AMENDMENT TO THE NATIONAL GREEN TRIBUNAL ACT, 2010 27. Amendment of Act 19 of 2010 . 4 CHAPTER XXIII AMENDMENT TO THE COMPANIES ACT, 2013 SECTIONS 28. Amendment of Act 18 of 2013 . CHAPTER XXIV AMENDMENT TO THE FINANCE ACT, 2017 29. Amendment of Act 7 of 2017 . CHAPTER XXV AMENDMENT TO THE CONSUMER PROTECTION ACT, 2019 30. Amendment of Act 35 of 2019 . CHAPTER XXVI MISCELLANEOUS 31. Power to amend the Schedule. 32. Rules to be laid before Parliament. 33. Transitional provisions. 34. Power to remove difficulties. 35. Repeal and saving. THE FIRST SCHEDULE THE SECOND SCHEDULE 5 THE TRIBUNALS REFORMS ACT, 2021 ACT NO. 33 OF 2021 [13th August , 2021.] An Act further to amend the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers' Rights Act, 2001 and certain other Acts. BE it enacted by P arliament in the Seventy -second Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title and commencement .(1) This Act may be called the Tribunals Reforms Act, 2021. (2) It shall be deemed to have come into force on the 4th April, 2021. 2. Definitions .In this Act, unless the context otherwise requires, (a) Chairperson includes Chairperson, Chairman, President and Presiding Officer of a Tribunal; (b) Member includes Vice -Chairman, Vice -Chairperson, Vice -President, Account Memb er, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member and Technical Member of a Tribunal; (c) notified date means the 4th April, 2021; (d) Schedule means the Schedule appended to this Act; (e) Tribunal means a Tribunal , Appellate Tribunal or Authority as specified in column ( 2) of the First Schedule. CHAPTER II CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL 3. Qualifications, appointment, etc., of Chairperson and Members of Tribunal .(1) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, the Central Government may, by notification in the Official Gazette, make rules to provide for the qualifications, appointment, s alaries and allowances, resignation, removal and other conditions of service of the Chairperson and Member of a Tribunal after taking into consideration the experience, specialisation in the relevant field and the provisions of this Act: Provided that a pe rson who has not completed the age of fifty years shall not be eligible for appointment as a Chairperson or Member. (2) The Chairperson and the Member of a Tribunal shall be appointed by the Central Government on the recommendation of a Search -cum-Selectio n Committee constituted under sub -section ( 3), in such manner as the Central Government may, by rules, provide. 6 (3) The Search -cum-Selection Committee, except for the State Administrative Tribunal, shall consist of (a) a Chairperson, who shall be the Chie f Justice of India or a Judge of Supreme Court nominated by him; (b) two Members, who are Secretaries to the Government of India to be nominated by that Government; (c) one Member, who (i) in case of appointment of a Chairperson of a Tribunal, shall be the outgoing Chairperson of that Tribunal; or (ii) in case of appointment of a Member of a Tribunal, shall be the sitting Chairperson of that Tribunal; or (iii) in case of the Chairperson of the Tribunal seeking re -appointment, shall be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of India: Provided that in the following cases, such Member shall always be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of India, namely: (i) Industrial Tribunal constituted by the Central Go vernment under the Industrial Disputes Act, 1947 (14 of 1947) ; (ii) Debt Recovery Tribunal and Debt Recovery Appellate Tribunal established under the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993) ; (iii) where the Chairperson or the outgoing Chair person, as the case may be, of a Tribunal is not a retired Judge of the Supreme Court or a retired Chief Justice or Judge of a High Court; and (iv) such other Tribunals as may be notified by the Central Government, in consultation with the Chairperson of t he Search -cum Selection Committee of that Tribunal; and (d) the Secretary to the Government of India in the Ministry or Department under which the Tribunal is constituted or established Member -Secretary: Provided that the Search -cum-Selection Committee for a State Administrative Tribunal shall consist of (a) the Chief Justice of the High Court of the concerned State Chairman; (b) the Chief Secretary of the concerned State Government Member; (c) the Chairman of the Public Service Commission of the concerned State Member; (d) one Member, who 7 (i) in case of appointment of a Chairman of the Tribunal, shall be the outgoing Chairman of the Tribunal; or (ii) in case of appointment of a Member of the Tribunal, shall be the sitting Chairman of the Tribunal; or (iii) in case of the Chairman of the Tribunal seeking re -appointment, shall be a retired Judge of a High Court nominated by the Chief Justice of the High Court of the concerned State: Provided that such Member shall always be a retired Judge of a High Court nominated by the Chief Justice of the High Court of the concerned State, if the Chairperson or the outgoing Chairperson of the State Administrative Tribunal, as the case may be, is not a retired Chief Justice or Judge of a High Court; (e) the Secretary or the Principal Secretary of the General Administrative Department of the concerned State Member -Secretary. (4) The Chairperson of the Search -cum-Selection Committee shall have the casting vote. (5) The Member -Secretary of the Search -cum-Selection Committee shall not have any vote. (6) The Search -cum-Selection Committee shall determine the procedure for making its recommendations. (7) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, t he Search -cum-Selection Committee shall recommend a panel of two names for appointment to the post of Chairperson or Member, as the case may be, and the Central Government shall take a decision on the recommendations made by that Committee, preferably within three months from the date of such recommendation. (8) No appointment shall be invalid merely by reason of any vacancy or absence of a Member in the Search -cum-Selection Committee. 4. Removal of Chairperson or Member of Tribunal .The Central Government shall, on the recommendation of the Committee, remove from office, in such manner as may be provided by rules, any Chairperson or a Member, who (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which involves moral turpitude; or (c) has become physically or mentally incapable of acting as such Chairperson or Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest: 8 Provided that where the Chairperson or Member is proposed to be removed on any ground specified in clauses ( c) to ( e), he shall be informed of the charges against him and g iven an opportunity of being heard in respect of those charges. 5. Term of office of Chairperson and Member of Tribunal .Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, (i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier; (ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age of sixty -seven years , whichever is earlier: Provided that where a Chairperson or Member is appointed between the 26th day of May, 2017 and the notified date, and the term of his office or the age of retirement specified in the order of appointment issued by the Central Gover nment is greater than that which is specified in this section, then, notwithstanding anything contained in this section, the term of office or age of retirement or both, as the case may be, of the Chairperson or Member shall be as specified in his order of appointment, subject to a maximum term of office of five years. 6. Eligibility for re -appointment .(1) The Chairperson and Member of a Tribunal shall be eligible for re -appointment in accordance with the provisions of this Act: Provided that, in making such re -appointment, preference shall be given to the service rendered by such person. (2) All re -appointments shall be made in the same manner as provided in sub -section ( 2) of section 3. 7. Salary and allowances .(1) Notwithstanding anything contained in any judgment, order or
) of section 3. 7. Salary and allowances .(1) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for the salary of the Chairperson and Member of a Tribu nal and they shall be paid allowances and benefits to the extent as are admissible to a Central Government officer holding the post carrying the same pay: Provided that, if the Chairperson or Member takes a house on rent, he may be reimbursed a house rent higher than the house rent allowance as are admissible to a Central Government officer holding the post carrying the same pay, subject to such limitations and conditions as may be provided by rules. (2) Neither the salary and allowances nor the other terms and conditions of service of the Chairperson or Member of the Tribunal may be varied to his disadvantage after his appointment. CHAPTER III AMENDMENT TO THE INDUSTRIAL DISPUTES ACT, 1947 8. Amendment of Act 14 of 1947 .In section 7D of the Industrial Disp utes Act, 1947, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, be governed by the provisions of Chapter II of the said Act shall be substituted . 9 CHAPTER IV AMENDMENTS TO THE CINEMATOGRAPH ACT, 1952 9. Amendment of Act 37 of 1952 .In the Cinematograph Act, 1952, (a) in section 2, clause ( h) shall be omitted; (b) in section 5C, (i) for the word Tribunal , at both the places where it occurs, the words High Court shall be substituted; (ii) sub -section ( 2) shall be omitted; (c) sections 5D and 5DD shall be omitted; (d) in section 6, the words and brackets or, as the case may be, decided by the Tribunal (but not including any proceeding in respect of any matter which is pending before the Tribunal) shall be omitted; (e) in sections 7A and 7C, for the word Tribunal , wherever it occurs, the words High Court shall be substituted; (f) in sections 7D, 7E and 7F, the words the Tribunal, , wherever they occur, shall be omitted; (g) in section 8, in sub -section ( 2), clauses ( h), (i), (j) and ( k) shall be omitted. CHAPTER V AMENDMENTS TO THE COPYRIGHT ACT, 1957 10. Amendment of Act 14 of 1957 .In the Copyright Act, 1957, (a) in section 2, (i) clause ( aa) shall be omitted; (ii) clause ( fa) shall be re -lettered as clause ( faa) and before the clause ( faa) as so re -lettered, the following clause shall be inserted, namely: '(fa) Commercial Court , for the purposes of any State, means a Commercial Court constituted under section 3, or the Commercial Division of a High Court constituted under section 4, of the Commercial Courts Act, 2015 (4 of 2016) ;'; (iii) for clause ( u), the following clause shall be substituted, namely: '(u) prescribed means, (i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and (ii) in other cases, prescribed by rules made under this Act;'; (b) in section 6, 10 (i) for the words Appellate Board , wherever they occur, the words Commercial Court shall be substituted; (ii) the words and figures constituted under section 11 whose decision thereon shall be final shall be omitted; (c) in Chapter II, in the Chapter heading, the words AND APPELLATE BOARD shall be omitted; (d) sections 11 and 12 shall be omitted; (e) in sections 19A, 23, 31, 31A, 31B, 31C, 31D, 32, 32A and 33A, for the words Appellate Board , wherever they occur, the words Commercial Court shall be substituted; (f) in section 50, for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (g) in section 53A, (i) for the words Appellate Board , wherever they occur, the words Commercial Court shall be substituted; (ii) in sub -section ( 2), the words and the decision of the Appellate Board in this behalf shall be final shall be omitted; (h) in section 54, for the words Appella te Board , the words Commercial Court shall be substituted; (i) for section 72, the following section shall be substituted, namely: 72. Appeals against orders of Registrar of Copyrights .(1) Any person aggrieved by any final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the High Court. (2) Every such appeal shall be heard by a single Judge of the High Court: Provided that any such Judge may, if he so thinks fit, refer the ap peal at any stage of the proceeding to a Bench of the High Court. (3) Where an appeal is heard by a single Judge, a further appeal shall lie to a Bench of the High Court within three months from the date of decision or order of the single Judge. (4) In cal culating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded. ; (j) in sections 74 and 75, the words and the Appellate Board , wherever they occur, shall be omitted; (k) in section 77, the words and every member of the Appellate Board shall be omitted; (l) in section 78, in sub -section ( 2), 11 (i) clauses ( cA) and ( ccB) shall be omitted; (ii) in clause ( f), the words and the Appellate Board shall be omitted. CHAPTER VI AMENDMENT TO THE INCOME -TAX ACT , 1961 11. Amendment of Act 43 of 1961 .In section 252A of the Income -tax Act, 1961, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER VII AMENDMENTS TO THE CUSTOMS ACT, 1962 12. Amendment of Act 52 of 1962 .In the Customs Act, 1962, (a) in section 28E, clauses ( ba), (f) and ( g) shall be omitted; (b) in section 28EA, the proviso shall be omitted; (c) in section 28F, sub -section ( 1) shall be omitted; (d) in section 28KA, (i) in sub -section ( 1), for the words Appellate Authority , at both the places where they occur, the words High Court shall be substituted; (ii) sub -section ( 2) shall be omitted; (e) in section 28L, the words or Appellate Authority , wherever they occur, shall be omitted; (f) in section 28M, (i) in the marginal heading, the words and Appellate Authority shall be omitted; (ii) sub -section ( 2) shall be omitted; (g) in section 129, in sub -section ( 7), for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER VIII AMENDMENTS TO THE PATENTS ACT, 1970 13. Amendment of Act 39 of 1970 .In the Patents Act, 1970, (a) in section 2, in sub -section ( 1), (i) clause ( a) shall be omitted; 12 (ii) in clause ( u), sub -clause ( B) shall be omitted; (b) in section 52, the words Appellate Board or , wherever they occur, shall be omitted; (c) in section 58, (i) the words the Appellate Board or , wherever they occur, shall be omitted; (ii) the words as the case may be shall be omitted; (d) in section 59, the words the Appellate Board or shall be omitted; (e) in section 64, in sub -section ( 1), the words by the Appellate Board shall be omitted; (f) in section 71, for the words Appellate Board and Board , wherever they occur, the words High Court shall be substituted; (g) in section 76, the words or Appellate Board shall be omitted; (h) in section 113, (i) in sub -section ( 1), (A) the words the Appellate Board or , wherever they occur, shall be omit ted; (B) the words as the case may be shall be omitted; (ii) in sub -section ( 3), the words or the Appellate Board shall be omitted; (i) in Chapter XIX, for the Chapter heading, the Chapter heading APPEALS shall be substituted; (j) sections 116 and 117 shall be omitted; (k) in section 117A, for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (l) sections 117B, 117C and 117D shall be omitted; (m) in section 117E, for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (n) sections 117F, 117G and 117H shall be omitted; (o) in section 151, (i) in sub -section ( 1), the words or the Appellate Board , at both the places where they occur, shall be omitted; (ii) in sub-section ( 3), for the words the Appellate Board or the courts, as the case may be , the words the courts shall be substituted; (p) in section 159, in sub -section ( 2), clauses ( xiia), (xiib) and ( xiic) shall be omitted. 13 CHAPTER IX AMENDMENT TO THE SM UGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 14. Amendment of Act 13 of 1976 .In section 12A of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substi tuted. CHAPTER X AMENDMENT TO THE ADMINISTRATIVE TRIBUNALS ACT, 1985 15. Amendment of Act 13 of 1985 .In section 10B of the Administrative Tribunals Act, 1985, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XI AMENDMENT TO THE RAILWAY CLAIMS TRIBUNA L ACT, 1987 16. Amendment of Act 54 of 1987 .In section 9A of the Railway Claims Tribunal Act, 1987, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XII AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 17. Amendment of Act 15 of 1992 .In section 15QA of the Securities and Exchange Board of India Act, 1992, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XIII AMENDMENT TO THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 18. Amendment of Act 51 of 1993 .In the Recovery of Debts and Bankruptcy Act, 1993, (a) in section 6A, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted; (b) in section 15A, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the prov isions
of the Finance Act, 2017 (7 of 2017) , shall be governed by the prov isions of the section 184 of that Act , the words and figures 14 the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XIV AMENDMENTS TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 19. Amendment of Act 55 of 1994 .In the Airports Authority of India Act, 1994, (a) in section 28A, clause ( e) shall be omitted; (b) in section 28E, for the word Tribunal , at both the places where it occurs, the words Central Government shall be substituted; (c) sections 28 -I, 28J and 28JA shall be omitted; (d) in section 28K, (i) in sub -section ( 1), (A) for the words Tribunal in such form as may be prescribed , the words High Court shall be substituted; (B) in the proviso, for the word Tribunal , the words High Court shall be substituted; (ii) sub -sections ( 2), (3), (4) and ( 5) shall be omitted; (e) section 28L shall be omitted; (f) in section 28M, the words or the Tribunal shall be omitted; (g) in sec tion 28N, in sub -section ( 2), for the word Tribunal , the words High Court shall be substituted; (h) in section 33, the words or the Chairperson of the Tribunal shall be omitted; (i) in section 41, in sub -section ( 2), clauses ( gvi), (gvii), (gviii) and (gix) shall be omitted. CHAPTER XV AMENDMENT TO THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997 20. Amendment of Act 24 of 1997 .In section 14GA of the Telecom Regulatory Authority of India Act, 1997, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XVI AMENDMENTS TO THE TRADE MARKS ACT, 1999 21. Amendment of Act 47 of 1999 .In the Trade Marks Act, 1999, (a) in section 2, in sub -section ( 1), 15 (i) clauses ( a), (d), (f), (k), (n), (ze) and ( zf) shall be omitted; (ii) for clause ( s), the following clause shall be substituted, namely: '(s) prescribed means, (i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and (ii) in other cases, prescribed by rules made under this Act;'; (b) in sect ion 10, for the word tribunal , the words Registrar or the High Court, as the case may be, shall be substituted; (c) in section 26, for the word tribunal , the words Registrar or the High Court, as the case may be, shall be substituted; (d) in section 46, in sub -section ( 3), for the word tribunal , the words Registrar or the High Court, as the case may be, shall be substituted; (e) in section 47, (i) for the words Appellate Board , at both the places where they occur, the words High Court shall be substituted; (ii) for the word tribunal , wherever it occurs, the words Registrar or the High Court, as the case may be, shall be substituted; (f) in section 55, in sub -section ( 1), for the word tribunal , the words Registrar or the High Court, as the case may be, shall be substituted; (g) in section 57, (i) for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (ii) for the word tribunal , wherever it occurs, the words Registrar or the High Court, as the case may be, shall be substituted; (h) in section 71, in sub -section ( 3), for the word tribunal , the words Registrar or the High Court, as the case may be, shall be substituted; (i) in Chapter XI, for the Chapter heading, the Chapter hea ding APPEALS shall be substituted; (j) sections 83, 84, 85, 86, 87, 88, 89, 89A and 90 shall be omitted; (k) in section 91, for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (l) sections 92 and 93 shall be omitted; (m) for section 94, the following section shall be substituted, namely: 16 94. Bar to appear before Registrar .On ceasing to hold the office, the erstwhile Chairperson, Vice -Chairperson or other Members shall not appear before the Registrar. ; (n) sections 95 and 96 shall be omitted; (o) in section 97, for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (p) in section 98, for the words Appellate Board or Board , wherever they occur, the words High Court shall be substituted; (q) sections 99 and 100 shall be omitted; (r) in section 113, (i) for the words Appellate Board , at both the places where they occur, the words High Court shall be substituted; (ii) for the word tribunal , the words Regi strar or the High Court, as the case may be, shall be substituted; (s) in section 123, the words and every Member of the Appellate Board shall be omitted; (t) in sections 124 and 125, for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (u) in section 130, the words the Appellate Board or shall be omitted; (v) in section 141, for the words Appellate Board , at both the places where they occur, the words High Court shall be substituted; (w) in section 144 , for the word tribunal , the words Registrar or the High Court, as the case may be, shall be substituted; (x) in section 157, in sub -section ( 2), (i) clauses ( xxxi) and ( xxxii ) shall be omitted; (ii) in clause ( xxxiii ), for the words Appellate Board , the words High Court shall be substituted. CHAPTER XVII AMENDMENTS TO THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 22. Amendment of Act 48 of 1999 .In the Geographical Indications of Goods (Registration and Protection) Act, 1999, (a) in section 2, in sub -section ( 1), clauses ( a) and ( p) shall be omitted; (b) in section 19, for the word tribunal , the words Registrar or the High Court, as the case m ay be, shall be substituted; 17 (c) in section 23, for the words and before the Appellate Board before which , the words before whom shall be substituted; (d) in section 27, (i) for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (ii) for the word tribunal , wherever it occurs, the words Registrar or the High Court, as the case may be, shall be substituted; (e) in Chapter VII, for the Chapter heading, the Chapter heading APPEALS shall be substituted; (f) in section 31, (i) for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (ii) sub -section ( 3) shall be omitted; (g) sections 32 and 33 shall be omitted; (h) in sections 34 and 35, for the words Appellate Boar d, wherever they occur, the words High Court shall be substituted; (i) section 36 shall be omitted; (j) in section 48, (i) for the words Appellate Board , at both the places where they occur, the words High Court shall be substituted; (ii) for the word tribunal , the words Registrar or the High Court, as the case may be, shall be substituted; (k) in sections 57 and 58, for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (l) in section 63, the words the Appellate Board or shall be omitted; (m) in section 72, for the words Appellate Board , wherever they occur, the words High Court shall be substituted; (n) in section 75, for the word tribunal , the words Registrar or the High Court, as the case may be, shall be substituted; (o) in section 87, in sub -section ( 2), clause ( n) shall be omitted. 18 CHAPTER XVIII AMENDMENTS TO THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 23. Amendment of Act 53 of 2001 .In the Protection of Plant Varieties and Farmers' Rights Act, 2001, (a) in section 2, (i) clauses ( d), (n) and ( o) shall be omitted; (ii) for clause ( q), the following clause shall be substituted, namely: '(q) prescribed means, (i) in relation to pro ceedings before a High Court, prescribed by rules made by the High Court; and (ii) in other cases, prescribed by rules made under this Act;'; (iii) clauses ( y) and ( z) shall be omitted; (b) in section 44, the words or the Tribunal shall be omitted; (c) in Chapter VIII, for the Chapter heading, the Chapter heading APPEALS shall be substituted; (d) sections 54 and 55 shall be omitted; (e) in section 56, (i) for the word Tribunal , wherever it occurs, the words High Court shall be substituted; (ii) sub-section ( 3) shall be omitted; (f) in section 57, (i) for the word Tribunal , wherever it occurs, the words High Court shall be substituted; (ii) sub -section ( 5) shall be omitted; (g) sections 58 and 59 shall be omitted; (h) in section 89, the word s or the Tribunal shall be omitted. CHAPTER XIX AMENDMENTS TO THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002 24. Amendment of Act 13 of 2003 .In the Control of National Highways (Land and Traffic) Act, 2002, (a) in section 2, (i) clause (a) shall be omitted; 19 (ii) after clause ( d), the following clause shall be inserted, namely: '(da) Court means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil juris diction;'; (iii) clause ( l) shall be omitted; (b) in Chapter II, in the Chapter heading, the words AND TRIBUNALS, ETC. shall be omitted; (c) section 5 shall be omitted; (d) for section 14, the following section shall be substituted, namely: 14. An appeal from any order passed, or any action taken, excluding issuance or serving of notices, under sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer authorised on its behalf, as the case may be, shall lie to the Court. ; (e) sections 15 and 16 shall be omitted; (f) in section 17, for the word Tribunal , at both the places where it occurs, the word Court shall be substituted; (g) section 18 shall be omitted; (h) in section 19, for the word Tribunal , at both the places where it occurs, the word Court shall be substituted; (i) section 40 shall be omitted; (j) in section 41, (i) the words or every order passed or decision made on appeal under this Act by the Tribunal shall be omitted; (ii) the wor ds or Tribunal shall be omitted; (k) in section 50, in sub -section ( 2), clause ( f) shall be omitted. CHAPTER XX AMENDMENT TO THE ELECTRICITY ACT, 2003 25. Amendment of Act 36 of 2003 .In section 117A of the Electricity Act, 2003, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 202 1, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XXI AMENDMENT TO THE ARMED FORCE TRIBUNAL ACT, 2007 26. Amendment of Act 55 of 2007 .In section 9A of the Armed Force Tribunal Act, 2007, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the 20 provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XXII AMENDMENT TO THE NATIONAL GREEN TRIBUNAL ACT, 2010 27. Amendment of Act 19 of
AL GREEN TRIBUNAL ACT, 2010 27. Amendment of Act 19 of 2010 .In section 10A of the National Green Tribunal Act, 2010, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XXIII AMENDMENT TO T HE COMPANIES ACT, 2013 28. Amendment of Act 18 of 2013 .In section 417A of the Companies Act, 2013, for the words and figures Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017) , shall be governed by the provisions of the section 184 of that Act , the words and figures the Tribunal s Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act shall be substituted. CHAPTER XXIV AMENDMENT TO THE FINANCE ACT, 2017 29. Amendment of Act 7 of 2017 .In the Finance Act, 2017, sections 183 and 184 and the Eighth Schedule shall be omitted. CHAPTER XXV AMENDMENT TO THE CONSUMER PROTECTION ACT, 2019 30. Amendment of Act 35 of 2019 .In section 55 of the Consumer Protection Act, 2019, after sub-section ( 1), the following sub -section shall be inserted, namely: (1A) Notwithstanding anything contained in sub -section ( 1), the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the President and othe r members of the National Commission appointed after the commencement of the Tribunal Reforms Act, 2021, shall be governed by the provisions of the said Act.. CHAPTER XXVI MISCELLANEOUS 31. Power to amend the Schedule .(1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification published in the Official Gazette, amend the Schedule and thereupon, the said Schedule shall be deemed to have been amended accordingly. (2) A copy of every notification issued u nder sub -section ( 1) shall be laid before each House of Parliament as soon as may be after it is issued. 21 32. Rules to be laid before Parliament .Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliame nt, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 33. Transitional provisions .(1) Notwithstanding anything contained in any law for the time being in force, any person appointed as the Chairperson or Chairman or President or Presiding Officer or Vice -Chairperson or Vice -Chairman or Vice -President or Member of the Tribunal, Appellate Tribunal, or, as the case may be, other Authorities specified in the Second Schedule and holding office as such immediately before the notified date, shall, on and from the notified date, cease to hold such office, and he shall be entitled to claim compens ation not exceeding three months' pay and allowances for the premature termination of term of his office or of any contract of service. (2) The officers and other employees of the Tribunals, Appellate Tribunals and other Authorities specified in the Second Schedule appointed on deputation, before the notified date, shall, on and from the notified date, stand reverted to their parent cadre, Ministry or Department. (3) Any appeal, application or proceeding pending before the Tribunal, Appellate Tribunal or ot her Authorities specified in the Second Schedule, other than those pending before the Authority for Advance Rulings under the Income -tax Act, 1961 (43 of 1961) , before the notified date, shall stand transferred to the court before which it would have been filed had this Act been in force on the date of filing of such appeal or application or initiation of the proceeding, and the court may proceed to deal with such cases from the stage at which it stood before such transfer, or from any earlier stage, or de novo , as the court may deem fit. (4) The balance of all monies received by, or advanced to, the Tribunal, Appellate Tribunal or other Authorities specified in the Second Schedule and not spent by it before the notified date, shall, on and from the notified date, stand transferred to the Central Government. (5) All property of whatever kind owned by, or vested in, the Tribunal, Appellate Tribunal or other Authorities specified in the Second Schedule before the notified date, shall stand transferred to, on an d from the notified date, and shall vest in the Central Government. 34. Power to remove difficulties .(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by general or special order published in the Offi cial Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the n otified date. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 22 35. Repeal and saving .(1) The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Cinematograph Act, 1952 (37 of 1952) , the Copyright Act, 1957 (14 of 1957) , the Customs Act, 1962 (52 of 1962) , the Patents Act, 1970 (39 of 1970) , the Airports Authority of India Act, 1994 (55 of 1994) , the Trade Marks Act, 1999 (47 of 1999) , the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999) , the Protection of Plant Varieties a nd Farmers' Rights Act, 2001 (53 of 2001) and the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003) , as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amen ded by this Act. 23 THE FIRST SCHEDULE [See section 2( e)] Sl. No. Tribunal/Appellate Tribunal/Board/Authority Acts (1) (2) (3) 1. Industrial Tribunal constituted by the Central Government The Industrial Disputes Act, 1947 (14 of 1947) 2. Income -tax Appellate Tribunal The Income -tax Act, 1961 (43 of 1961) 3. Customs, Excise and Service Tax Appellate Tribunal The Customs Act, 1962 (52 of 1962) 4. Appellate Tribunal The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) 5. Central Administrative Tribunal The Administrative Tribunals Act, 1985 (13 of 1985) 6. State Administrative Tribunals The Administrative Tribunals Act, 1985 (13 of 1985) 7. Railway Claims Tribunal The Railway Claims T ribunal Act, 1987 (54 of 1987) 8. Securities Appellate Tribunal The Securities and Exchange Board of India Act, 1992 (15 of 1992) 9. Debts Recovery Tribunal The Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993) 10. Debts Recovery Appellate Tribunal The Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993) 11. Telecom Disputes Settlement and Appellate Tribunal The Telecom Regulatory Authority of India Act, 1997 (24 of 1997) 12. National Company Law Appellate Tribunal The Companies Act, 2013 (18 of 2013) 13. National Consumer Disputes Redressal Commission The Consumer Protection Act, 2019 (35 of 2019) 14. Appellate Tribunal for Electricity The Electricity Act, 2003 (36 of 24 2003) 15. Armed Forces Tribunal The Armed Forces Act, 2007 (55 of 2007) 16. National Green Tribunal The National Green Tribunal Act, 2010 (19 of 2010). 25 THE SECOND SCHEDULE [See section 33] 1. Appellate Tribunal under Cinematograph Act, 1952 (37 of 1952). 2. Authority for Advance Rulings under Income -tax Act, 1961 (43 of 1961). 3. Airport Appellate Tribunal under Airports Authority of India Act, 1994 (55 of 1994). 4. Intellectual Property Appellate Board under Trade Marks Act, 1999 (47 of 1999). 5. Plant Varieties Protection Appellate Tribunal under Protection of Plant Varieties and Farmers Rights Act, 2001 (53 of 2001). __________
THE AIRPOR TS AUTHORITY OF INDIA ACT, 1994 ACT NO. 55 OF 1994 [12th September , 1994.] An Act to provide for the constitution of the Airports Authority of India and for the transfer and vesting of the undertakings of the International Airports Authority of India and the National Airports Authority to and in the Airports Authority of India so constituted for the better administration and cohesive management of airports and civil enclaves whereat air transport services are operated or are intended to be operat ed and of all aeronau tical communication stations 1[for the purposes of establishing or assisting in the establishment of airports] and for matters connected t herewith or incidental thereto. BE it enacted by Parliament in the Forty -fifth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, commencement and application. (1) This Act may be called the Airport s Authority of India Act, 1994. (2) It shall come into force on such date2 as the Central Government may, by notificat ion in the Official Gazette, appoint. (3) It applies to (a) all airports whereat air transport services are operated or are intended to be operated, other than airports and airfields belonging to, or subject to the control of, any armed force of the Union ; 3[(aa) all private airports inso far as it relates t o providing air traffic service , to issue directions under s ection 37 to them and f or the purposes of Chapter VA;] (b) all civil enclaves; (c) all aeronauti cal communication stations; and (d) all training stations, establishments and workshops rela ting to air transport services. 2. Definitions. In this Act, unless t he context otherwise requires, (a) aeronautical communication station means a station in the aeronautical communication service whi ch includes aeronautical practis ing service, aeronautical fixed service, aeronautical mobile service and aeronautic al radio communication service; (b) airport means a landing and taking off area for aircrafts, usually with runways and aircraft maintenance and passenger facilities and includes aerodrome as defined in clause ( 2) of section 2 of the Aircraft Act, 1934 (22 of 1934) ; (c) airstrip means an area used or intended to be used for the landing and take -off of aircrafts with short take -off and landin g characteristics and includes all buildings and structures t hereon or appertaining thereto; (d) air traffic service includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, a pproach control servi ce and airport control service; (e) air transport service means any service, for any kind of remuneration, whatsoever, for the transport by air of persons, mail or any other thing, animate or inanimate, whether such service relates to a sing le flight or series of flights; 1. Ins. by Act of 43 of 2003, s. 2 (w.e.f. 1 -7-2004) . 2.1st April , 1995 , vide notification No. S.O. 285(E), dated 30th March, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3. Ins. by Act 43 of 2003, s. 3 (w.e.f. 1 -7-2004). 4 (f) appointed day means such date as the Central Government may, by notification in the Official Gazette, appoint for the purposes of section 3; (g) Authority means the Airports Authority of Ind ia constituted und er section 3; (h) Chairperson means the Chairperson of the Authority appointed under clause ( a) of sub-section ( 3) of section 3; (i) civil enclave means the area, if any, allotted at an airport belonging to any armed force of the Unio n, for use by persons availing of any air transport services from such airport or for the handling of baggage or cargo by such service, and includes land comprising of any build ing and structure on such area; (j) heliport means an area, either at ground level or elevated on a structure, used or intended to be used for the landing and take -off helicopters and includes any area for parking helicopters and all buildings and structures t hereon or appertaining thereto; (k) International Airports Authority me ans the International Airports Authority of India constituted under section 3 of the Internationa l Airports Authority Act, 1971 (43 of 1971) ; (l) member means a member of the Authority and includes the Chairperson, but does not include, for the purposes of sections 4, 5, 6 and 7, an ex officio member referred to in clause ( b) of sub-section ( 3) of secti on 3; (m) National Airports Authority means the National Airports Authority constituted under section 3 of the National Airports Authority Act, 19 85 (64 of 1985) ; (n) prescribed means prescribed b y rules made under this Act; 1[(nn) private airport means an airport o wned, developed or managed by (i) any person or agency other than the Author ity or any State Government, or (ii) any person or agency jointly with the Authority or any State Government or both where the share of such person or agency , as the case may be , in the assets of the private airpo rt is more than fifty per cent. ] (o) regulations means regulations made under this Act. CHA PTER II THE AIRPORTS AUTHORITY OF INDIA 3. Constitution and incorporation of the Authority. (1) With effect from the appointed day, the Central Government shall, by notification in the Official Gazette, constitute an Authority to be called t he Airports Authority of India. (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property both movable and immovable, and to contract and shall by the said name sue and be sued. (3) The Authority shall consist of (a) a Chairperson to be appoin ted by the Central Government; (b) the Director General of Civil Aviation, or an officer not below the rank of the Deputy Director General of Civil Aviation, to be appointed by the Central Government, ex officio; (c) not less than eight and not more than fourteen members to be appoi nted by the Central Government. (4) The Chairperson shall be a whole -time member and other members referred to in clause ( c) of sub-section ( 3) may be appointed as whole -time or part -time members as the Central Government may think fit. 1. Ins. by Act of 43 of 2003, s. 4 (w.e.f. 1 -7-2004). 5 (5) The Chairperson and the members referred to in clause ( c) of sub -section ( 3) shall be chosen from among persons who have special knowledge and experience in air transport of any other transport services, industry, commercial or financial matters or administration and from among persons who are capable of representing organis ations of worker s and consumers. 4. Disqualification for office of member. A person shall be disqualified for bei ng appointed as a member if he (a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the Central Governmen t, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so de clared by a competent court; or (d) has been removed or dismissed from the service of the Government or a body corporate owned or co ntrolled by the Government; or (e) has in the opinion of the Central Government such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member. 5. Term of office and conditions of service of member s.(1) Subj ect to the provisions of section 6, (i) every whole -time member (other than the ex officio member) shall hold office for a period of five years from the date on which he assumes office or till he attains the age of sixty y ears, whichever is earlier, and (ii) every part -time member (other than the ex officio member) shall hold office for a period of three years from the d ate on which he assumes office: Provided t hat the Central Government may (a) terminate the appointment of any whole -time me mber, who is not a servant of the Government, after giving him notice for a period of not less than three months or, in lieu thereof, on payment of an amount equal to his salary and allowances, if any , for a period of three months; (b) terminate the appoin tment of any part -time member who is not a servant of the Government after giving him notice for such p eriod as may be prescribed; and (c) terminate at any time the appointment of any member who is a servant of the Government. (2) The other conditions of s ervice of the members shal l be such as may be prescribed. (3) Any member may resign his office by giving notice in writing for such period as may be prescribed , to the Central Government and, on such resignation being notified in the Official Gazette by the Government, such member shall be deem ed to have vacated his office. 6. Vacation of office of member. The Central Government shall remove a member if he (a) becomes subject to any of the disqualifi cations mentioned in section 4: Provided that no member shall be removed on the ground that he has become subject to th e disqualification mentioned in clause ( e) of that section, unless he has been given a reasonable opportunity o f being heard in the matter; or (b) refuses to act or beco mes incapable of acting; or (c) is, without obtaining leave of absence from the Authority, absent from three consecutive meetings of the Authority; or (d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detr imental to the public interest: Provided that no member shall be removed under this clause unless he has been given a reasonable opportunit y of being heard in the matter. 6 7. Eligibility of member for re -appointment .Any pers on ceasing to be a m ember shall , unless disqualified under section 4, be eligible for re -appointment. 8. Meeting s.(1) The Authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of the business at its meetings (including the quorum at such meetings) as may be provided by regulations. (2) The Chairperson, or, if for any reason he is unable to attend any meeting of the Authority, any other member chosen by the members present at the meetin g shall preside at the meeting . (3) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairperson, or in his absence, the person presiding, s hall have and exercise a second or casting vote. 9. Vacancies, etc., not to invalidate proceedings of the Authority. No act or proceeding of the Authority shall be invalid merely by reason of (a) any vacancy in, or any defect in the constitution of, the Authority; o r (b) any defect in the appointment of a person acting a s a member of the Authority ; or (c) any irregularity in the procedure of the Authority not af fecting the merits of the case. 10. Appointment of officers and other employees of the Authority .(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Authority shall, subject to the provisions of section 18 and to such rules as may be made in this behalf, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary: Provided that the appointment of such category of officers, as may be specified after consultation with the Chairperson in such rules, shall be subject to the appr oval of the Centra l Government. (2) Subject to the provisions of section 18, every officer or other employee appointed by the Authority shall be subject to such conditions of service and shall be entitled to such remuneration as ma y be determined by regulations. 11. Authori ty to act on business principles. In the discharge of its functions under this Act, the Authority shall act, so far as may b e, on business principles. CHAPTER III FUNCTIONS OF THE AUTHORITY 12. Functions of the Authority .(1) Subject to the rules, if any, made by the Central Government in this behalf, it shall be the function of the Authority to manage the airports, the civil enclaves and the aeronautical comm unication stations efficiently. (2) It shall be the duty of the Authority to provide air traffic se rvice and air transport service at any airport and civil enclaves. (3) Without prejudice to the generality of the provisions contained in sub -sections (1) and ( 2), the Authority may (a) plan, develop, construct and maintain runways, taxiways, aprons and t erminals and ancillary buildings at th e airports and civil enclaves; 1[(aa) establish airports, or assist in the establishment of private airports , by rendering such technical, financial or other assistance which the Central Government may consid er necess ary for such purpose;] (b) plan, procure, insta l and maintain navigational aids, communication equipment, beacons and ground aids at the airports and at such locations as may be considered necessary for safe navigat ion and operation of aircrafts; (c) provide air safety services and search and rescue, facilities in co -ordination with other agencies; 1. Ins. by Act of 43 of 2003, s. 5 (w.e.f. 1 -7-2004). 7 (d) establish s chools or institutions or centre s for the training of its officers and employees in regard to any matter connected with the purposes of this Act; (e) construct residential buildings for its employees; (f) establish and maintain hotels, restaurants and res trooms at or near the airports; (g) establish warehouses and cargo complexes at the airports for the storage or processing of goods; (h) arran ge for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at the airports and civil enclaves; (i) make appropriate arrangements for watch and ward at t he airports and civil enclaves; (j) regulate and cont rol the plying of vehicles, and the entry and exit of passengers and visitors, in the airports and civil enclaves with due regard to the security and protocol functi ons of the Government of India; (k) develop and provide consult
with due regard to the security and protocol functi ons of the Government of India; (k) develop and provide consultancy, construction or manage ment services, and undertake operations in India and abroad in relation to airports, air -navigation services, ground aids and safety services or any facilities thereat; (l) establish and manage heliports and airstrips; (m) provide such transport facility as are, in the opinion of the Authority, necessary to the passengers travel ling by air; (n) form one or more companies under the Companies Act, 1956 (1 of 1956) or under any other law relating to companies to further the efficient discharge of the funct ions imposed on it by this Act; (o) take all such steps as may be necessary or convenient for, or may be incidental to, the exerci se of any power or the discharge of any function conferred or imposed on it by this Act; (p) perform any other function considere d necessary or desirable by the Central Government for ensuring the safe and efficient operation of aircraft to, from and across the air space of India; (q) establish tra ining institutes and workshops; (r) any other activity at the airports and the civil e nclaves in the best commercial interests of the Authority including cargo handling, setting up of joint ventures for the discharge of any func tion assigned to the Authority. (4) In the discharge of its functions under this section, the Authority shall have due regard to the development of air transport service and to the efficiency, econ omy and safety of such service . (5) Nothing contained in this section shall be construed as (a) authorising the disregard by the Authority of any law for the time being in force; or (b) authorising any person to institute any proceeding in respect of duty or liability to which the Authority or its officers or other employees would not otherwise be subject. 1[12A. Lease by the Authority .(1) Notwithstanding anything containe d in this Act, the Authority may, in the public interest or in the interest of better management of airports, make a lease of the premises of an airport (including buildings and structures thereon and appertaining thereto) to carry out some of its function s under section 12 as the Authority may deem fit: Provided that such lease shall not affect the functions of the Authorit y under section 12 which relate s to air traffic service or watch and ward at airports and civil enclaves. (2) No lease under sub-section ( 1) shall be made without the previous approval of the Central Government. (3) Any money , payable by the lessee in ter ms of the lease made under sub -section ( 1), shall form part of the fund of the Authority and shall be credited thereto as if s uch money is the receipt of the Authority for all purposes of section 24. 1. Ins. by Act of 43 of 2003, s. 6 (w.e.f. 1 -7-2004). 8 (4) The lessee , who has been assigned any function of the Authority under sub -section ( 1) shall have all the powers of the Authority necessary for the performance of such f unction in terms of the lease.] CHAPTER IV PROPERTY AND CONTRACT 13. Under takings of the International Airports Authority and the National Airports Authority to vest in the Authority .(1) On and from the appointed day, there shall be transferred to, and vest in, the Authority constituted under section 3, the undertakings of the International Airports Authority and t he National Airports Authority. (2) The undertaking of the International Airports Authority or the National Airports Authority which is transferred to, an d which vests in, the Authority under sub -section ( 1) shall be deemed to include all assets, rights, powers, authorities and privileges and all property movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever n ature and wheresoever situate, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such proper ty as were immediately before the appointed day in the ownership, possession or power of the International Airports Authority, or as the case may be, the National Airports Authority, in relation to its undertaking, whether within or outside India, all book s of account and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the International Airports Authority, or as the case may be, the National Airports Authority in relation to its undertaking. 14. General effect of vesting of undertaking in the Authority .(1) All contracts, agreements and working arrangements subsisting immediately before the appointed day and affecting the International Airports Authority, or as the case may be, the National Airports Authority shall, in so far as they relate to the International Airports Authority, or as the case may be, the National Airports Authority, cease to have effect or be enforceable against the International Airports Authori ty, or as the case may be, the National Airports Authority and shall be of as full force and effect against or in favo ur of the Authority in which the undertakings have vested by virtue of this Act and enforceable as fully and effectually as if, instead of the International Airports Authority, or as the case may be, the National Airports Authority, the Authority had been named there in or had been a party thereto. (2) Any proceeding, suit or cause of action pending or existing immediately before the appointe d day by or against the International Airports Authority or the National Airports Authority in relation to its undertakings may, as from that day, be continued and enforced by or against the Authority in which it has vested by virtue of this Act, as it mig ht have been enforced by or against the International Airports Authority or the National Airports Authority if this Act had not been passed, and shall cease to be enforceable by or against the International Airports Authority, or as the case may be, the N ational Airports Authority. 15. Licences, etc., to be deemed to have been granted to the Authority .With effect fr om the appointed day, all licenc es, permits, quotas and exemptions, granted to the International Airports Authority or the National Airports Authority in connection with the affairs and business of the International Airports Authority, or as the case may be, the National Airports Authority, under any law for the time being in force, shall be deemed to have been granted to the Authority in which the undertakings of the International Airports Authority and the National Airports Authority have vested by virtue of this Act. 16. Tax exemption or benef it to continue to have effect .(1) Where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward, as the case may be, of any unabsorbed depreciation or investment allowance or other allowance 9 or loss has been extended or is available to the International Airports Authority or the National Airports Authority, under the Income -tax Act, 1961 (43 of 1961) , such exemption, assessment or benefit shall continue to have effect in relation to the Authority in which the undertakings of the International Airports Authority and the National Airports Authority hav e vested by virtue of this Act. (2) Where any payment made by the International Airports Authority or the National Airports Authority is exempt from deduction of the tax at source under any provis ion of the Income -tax Act, 1961 (43 of 1961) , the exempt ion from tax will continue to be available as if the provisions of the said Act made applicable to the International Airports Authority or the National Airports Au thority were operative in relation to the Authority in which the undertakings of the International Airports Authority and the National Airports Authority hav e vested by virtue of this Act. (3) The transfer and vesting of the undertakings or any part thereo f in terms of section 13 shall not be construed as a transfer within the meaning of the Income -tax Act, 1961 (43 of 1961) for th e purposes of capital gains. 17. Guarantee to be operative. Any guarantee given for or in favour of the International Airports Authority or the National Airports Authority with respect to any loan or lease finance shall continue to be operative in relation to the Authority in which the undertakings of the International Airports Authority and the Nati onal Airports Authority have vested by virtue of this Act. 18. Provisions in respect of officers and other employee s of the In terna tional Airports Authority and the National Airports Authority .(1) (a) Every officer or other employee of the International Airports Authority serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the Authority by virtue of this Act, becomes, as from the appointed day, an officer or, as the case may be, other employee of the International Airports Division of the Au thority. (b) Every officer or other employee of the National Airports Authority serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the Authority by virtue of this Act, becomes, as from the appointed day, an officer or, as the case may be, other employee of the Nationa l Airp orts Division of the Authority. (2) Every officer or other employee of the International Airports Authority or the National Airports Authority who becomes an officer or, as the case may be, other employee of the Authority, as referred to in sub -section (1), shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, pro vident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under the International Airports Authority or, as the case may be, the National Airports Authority if its undertaking had not vested in the Authority and shall continue to do so as an officer or other employee, as the case may be, of the Authority or until the expiry of a period of one year from the appointed day if such officer or other employee opts not to be the officer or other employee of th e Authority with in such period: Provided that if the Authority thinks it expedient to extend the period so fixed, it may extend the same up to a maximum period of one year. (3) Where an officer or other employee of the International Airports Authority or the National Airports Authority opts under sub -section ( 2) not to be in the employment or service of the Authority in which the undertakings of the International Airports Authority and the National Airports Authority have vested, such officer or other employee shall be deemed to have resi gned from the respective cadre. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 19 47) or in any other law for the time being in force, the transfer of the services of any officer or other employee of th e International Airports Authority or the National Airports Authority to the Authority shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be enterta ined by any cour t, tribunal or other authority. (5) The officers and other employees who have retired before the appointed day from the service of the International Airports Authority or the National Airports Authority and are entitled to any benefits, 10 rights or privileges shall be entitled to receive the same benef its, rights or privileges from the Authority in which the undertaking s of the International Airports Authority and the National Airports Authority have vested. (6) The trusts of the Provident Fun d and Group Insurance and Superannuation Scheme of the International Airports Authority or the National Airports Authority and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the Authority as was being done hitherto in the International Airports Authority or the National Airports Authority and tax exemption granted to Provident Fund or Group Insurance and Superannuation Scheme would continue to be applied to the Authority. (7) After the expiry of the period of one year, or the extended period, as referred to in sub-section ( 2), all the officers and other employees transferred and appointed to the Authority, other than those opting not to be the officers or empl oyees of the Authority within such period, shall be governed by the rules and regulations made by the Authority in respect of the service conditions of the officers and other e mployees of the said Authority. 19. Compulsory acquisition of land for the Autho rity.Any land required by the Authority for the discharge of its functions under this Act shall be deemed to be needed for a public purpose and such land may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894) or of any other corresponding law for the time being in force. 20. Contracts by the Authority. Subject to the provisions of section 21, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions u nder this Act. 21. Mode of executing contracts on behalf of the Authority .(1) Every contract shall, on behalf of the Authority, be made by the Chairperson or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with th e common seal of the Authority: Provided that no contract exceeding such value or amount as the Central Government may, fro m time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Authority: Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceedi ng thirty years and no other contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously appr oved by the Central Government. (2) Subject to the provision s of sub -section ( 1), the form and manner in which any contract shall be made under this Act shall be such as m ay be specified by regulations . (3) No contract which is not in accordance with the provisions of this Act and the regulations shall be binding o n the Authority. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 22. Power of the Authority to charges fees, rent, etc. The Authority may, (i) with the previous approval of the Central Go vernment, charge fees or rent (a) for the landing
, (i) with the previous approval of the Central Go vernment, charge fees or rent (a) for the landing, housing or parking of aircraft or for any other service or facility offered in connection with aircraft operations at any airport, helip ort or airstrip. Explanation. In this sub -clause aircraft does not include an aircraft belonging to any armed force of the Union and aircra ft operations does not include operations of any aircra ft belonging to the said force; (b) for providing air traffic services, ground safety services, aeronautical communications and navigational aids and meteoro logical services at any airport and at any aero nautical communication station; 11 (c) for the amenities given to the passengers and visitors at any airport, civil enclave, heliport or airstrip; (d) for the use and employment by persons of facilities and other services provided by the Authority at any airport, civi l enclave , heliport or airstrip; (ii) with due regard to the instructions that the Central Government may give to the Authority, from time to time, charge fees or rent from persons who are given by the Authority any facility for carrying on any trade or business at any airport, heliport or airstrip. 1[22A. Power of Authority to levy development fees at airports .2[The Authority may , (i) after the previous approval of the Central Government in this behalf, levy on, and collect from, the embarking passengers at an airport other than major airports referred to in clause ( h) of section 2 of the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008) the development fees at the rate as may be prescribed; (ii) levy, on, and collect from, the embarking passengers at major airport referred to in clause ( h) of section 2 of the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008) the development fees at the rate as may be determined under clause ( b) of s ub-section ( 1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008 , and such fees shall be credited to the Authority and shall be regulated and utilised in the prescrib ed manner, for the purposes of ] (a) funding or financing the costs of upgradation, expansion or development of the airport at which the fee is collected; or (b) establishment or development of a new airport in lieu of the airport referred to in clause ( a); or (c) investment in the equ ity in respect of shares to be subscribed by the Authority in companies engaged in establishing, owning, developing, operating or maintaining a private airport in lieu of the airport referred to in clause ( a) or advancement of loans to such companies or ot her persons engaged in such activities.] 23. Additional capital and grant to the Authority by the Central Government. The Central Government may, after due appropriation made by Pa rliament , by law in this behalf, (a) provide any capital that may be required by the Authority for the discharge of its functions under this Act or for any purpose connected therewith on such terms and conditions as that Government may determine; (b) pay to the Authority, on such terms and conditions as the Central Governme nt may determine, by way of loans or grants such sums of money as that Government may consider necessary for the efficient discharge by the Authority o f its functions under this Act. 24. Fund of the Authority and its investment. (1) The Authority shall hav e its own fund and all receipts of the Authority shall be credited thereto and all payments of the Authority shall be made therefrom. (2) The Authority shall have power, subject to the provisions of this Act, to spend such sums as it thinks f it to cover all administrative expenses of the Authority and on objects or for purposes authorised by this Act and such sums shall be treated as expenditure out of the fund of the Authority. (3) All moneys standing at the credit of the Authority which can not immediately be applied as provided in sub -section ( 2), shall be (a) deposited in the State Bank of India or any such Scheduled bank or banks or other public financial institutions subject to such conditions as may, from time to time, be specified by the Central Government; and 1. Ins. by Act of 43 of 2003, s.7 (w.e.f. 1 -7-2004). 2. Sub s. by Act of 27 of 2008, s. 54 and the Schedule, for certain words (w.e.f. 30 -11-2008). 12 (b) invested in the securities of the Central Government or in such manner as may be prescribed. Explanation In this sub -section , Scheduled bank has the same meaning as in clause ( e) of section of the Reserve Bank of India Act, 1934 (2 of 1934) . 25. Allocation of surplus funds. (1) The Authority may, from time to time, set apart such amounts as it thinks fit as a reserve fund or funds for the purpose of expanding existing facilities or services or creating new facilities or services at any airport, civil enclave, heliport or airstrip or for the purpose of providing against any temporary decrease of revenue or increase of expenditure from transient causes or for purposes of replacement or for meet ing expenditure arising from loss or damage from fire, cyclone, air-crash or other accident or for meeting any liability arising out of any act or commission in the discharge o f its functions under this Act: Provided that without prejudice to the right of the Authority to establish specific reserves for one or more specific purposes, the Authority shall also have the power to establish a general reserve: Provided further that the sums set apart annually in respect of each or any of the specific and general reserves and the aggregate at any time of such sums shall not exceed such limits as may, from time to time, be fixed in that be half by the Central Government. (2) After making provision for such reserve fund or funds and for bad and doubtful debts, depreciation in assets and all other matters which are usually provided for by companies registered and incorporated under the Companies Act, 1956 (1 of 1956) the Authority shall pay the balance of its annual net pro fits to the Central Government. 26. Submission of program me of activities and financial estimat es.(1) The Authority shall, before the commencement of each financial yea r, prepare a statement of the programme of its activities during the forthcoming financial year as well as financi al estimate i n respect thereof. (2) The statement prepared under sub -section ( 1) shall, not less than three months before the commencement of each financial year, be submitted for approval to the Ce ntral Government. (3) The statement and the financial estimates of the Authority may, with the approval of the Central Governmen t, be revised by the Authority. 27. Borrowing powers of the Autho rity.(1) The Authority may, with the consent of the Central Government or in accordance with the terms of any general or special authority given to it by the Central Government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any o f its functions under this Act. (2) The Central Government may guarante e in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by the Authority under sub-section ( 1). (3) Subject to such limits as the Central Government may, from time to time, la y down, the Authority may borrow temporarily by way of overdraft or otherwise such amounts as it may require for dischargin g its functions under this Act. 28. Accounts and audit .(1) The Authority shall maintain proper accounts and other relevant records a nd prepare an annual statement of accounts including the profit and loss account and the balance -sheet in such form as may be prescribed by the Central Government in consultation with the Comptroll er and Auditor -General of India. (2) The accounts of the Authority shall be audited annually by the Comptroller and Auditor -General of India and any expenditure incurred by him in connection with such audit shall be payable by the Authority to the Comptrolle r and Auditor -General of India. (3) The Comptroller an d Auditor -General of India and any person appointed by him in connection with the audit of the accounts of the Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor -General has in con nection with the audit of Government accounts and, in particular , shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the Authority. 13 (4) The accounts of the Authority as certified by the Comptroller and Auditor -General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be la id bef ore both Houses of Parliament. 1[CHAPTER VA EVICTION OF UNAUTHORISED OCCUPANTS, ETC., OF AIRPORT PREMISES 28A. Definitions. In this Chapter, unless the context otherwise requires, (a) airpor t premises means any premises (i) belonging to airport; (ii) taken on lea se for the purposes of airport; (iii) acquired for the Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894) or any other corresponding law for the time being i n force. Explanation .For the removal of do ubts, it is hereby declared that for the purposes of this clause, airport includes private airport; (b) eviction officer means an officer of the Authority appointed a s such by it under section 28B; (c) premises means any land or building or pa rt of a building, and includes (i) the garden, grounds and outhouses, if any, appertaining to such buil ding or part of a building; and (ii) any fittings affixed to such building or part of a building for more beneficial enjoyment there of; (d) rent, in relation to any airport premises, means the consideration payable periodically for the authorised occupation of the premises, and includes (i) any charge for electricity, water or any other service in connection with the occupation of the premises; and (ii) any tax, by whatever name called, paya ble in respect of the premises; 2* * * * * (f) un authorised occupation, in relation to any airport premises, means the occupation by any person of the airport premises without authority for such occupation and includes the continuance in occupation by any person of the airport premises after the authority (whethe r by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determ ined for any reason whatsoever. 28B. Appointment of eviction officers. The Authority may, by general or special order in writing, appoint such number of its officers, as it thinks fit, to be eviction officers for the purposes of this Chapter, and define the local limits within which, or the categories of airport premises in r espect of which, the eviction officers shall exercise the powers conferred and perform the duties imposed, on eviction officers by or under this Chapter. 28C. Issue of notice to show cause against order of eviction. (1) If the eviction officer is of the opinion that any persons are in unauthorised occupation of any airport premises and that they should be evicted, the eviction officer shall, in the manner hereinafter provided, issue a notice in writing calling upon all persons concerned to show cause why a n order of eviction should not be made. (2) The notice shall (a) specify the grounds on which the order of evict ion is proposed to be made; and 1. Ins. by Act of 43 of 2003, s. 8 (w.e.f. 1 -7-2004). 2. Clause ( e) omitted by Act 33 of 2021, s. 19 (w.e.f. 4 -4-2021). 14 (b) require all persons concerned, that is to say, all persons who are or may be, in occupation of, or claim in terest in, the airport premises (i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from th e date of issue thereof, and (ii) to appear before the eviction of ficer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown and also for personal heari ng, if such hearing is desired. (3) The eviction officer shall cause the notice to be served by having i t affixed on the outer door or some other conspicuous part of the airport premises and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly gi ven to the persons concerned. (4) Where the eviction officer knows or has reasons to believe that any person is in occupation of the airport premises, then, without prejudice to the provisions of sub -section ( 3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed. 28D. Eviction of un authorised occupants. (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 28C and any evidence produced by him in support o f the same and after personal hearing, if any, given under sub -clause ( ii) of clause ( b) of sub-section ( 2) of section 28C, the eviction officer is satisfied that the airport premises are in unauthorised occupation , the eviction officer may make an order of eviction, for reasons to be recorded therein, directing that the airport premises shall be vacated, on such date as may be specified in the order, by the persons who may be in occupation thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuou s part of the airport premises. (2) If any person refuses or fails to comply with the order of eviction on or before the date specified in the order or within fifteen days of the date of publication under sub -section ( 1), whichever is earlier, the eviction officer or any other officer duly authorised by the eviction officer in this behalf may, after the date so specified or after the expiry of the period aforesaid, whichever is earlier, e vict that person from, and take possession of, the airport premises and may, for that purpose, use such force as may be necessary. 28E. Disposal of property left on airport premises by un authorised occupants. (
be necessary. 28E. Disposal of property left on airport premises by un authorised occupants. (1) Where any persons have been evicted from an y airport premises under section 28D, the eviction officer may, after giving ten days notice to the persons from whom possession of the airport premises has been taken and after publishing the notice in at least one newspaper having circulation in the loc ality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. (2) Where any property is sold under sub -section ( 1), the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, i f any, due to the Central Government or the corporate authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the eviction offi cer to be entitled to the same: Provided that where the eviction officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the 1[Central Government ]and the decision of the 1[Central Government ] thereon shall be final. 28F. Power to remove unauthorised constructions, etc. (1) No person shall (a) erect or place or raise any building or any movable or immovable structure o r fixture; (b) display or spread any goods; (c) bring or keep any cattle or other animal, on or against or in front of any airport premises except in accordance with the authority (whether by way of grant or any other mode of transfer) under which he was allowed t o occupy such airport premises. 1. Subs. by Act 33 of 2021, s. 19, for Tribunal (w.e.f. 4 -4-2021). 15 (2) Where any building or other immovable structure or fixture has been erected, placed or raised in any airport premises in contravention of the provisions of sub -section ( 1), the eviction officer may serve on the person erecting such building or other structure or fixture, a notice requiring him either to remove or show cause why he shall not remove such building or other structure or fixture to or from the airport premises within such period, not being less than seven days but not exceeding thirty days as may be specified in the notice, and on t he omission or refusal of such person to show cause, or to remove such building or other structure or fixture from the airport premises, or where the cause shown is not, in the opinion of the eviction officer, sufficient, the eviction officer may, by orde r, remove or cause to be removed the building or other structure or fixture from the airport premises and the cost of such removal shall be recoverable from such person as an arrear of land revenue. (3) Where any movable structure or fixture has been erect ed, placed or raised, or any goods have been displayed or spread or any cattle or other animal has been brought or kept on any airport premises in contravention of the provisions of sub -section ( 1) by any person, the eviction officer may, by order, remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the airport premises and the cost of such removal shall be recoverable from such perso n as an arrear of land revenue. 28G. Power to requ ire payment of rent or damages in respect of airport premises. (1) Where any person is in arrears of rent payable in respect of airport premises, the eviction officer may, by order, require that person to pay the same within s uch time and in such instal ments as may be specified in the order. (2) Where any person is, or has at any time been, in unauthorised occupation of any airport premises, the eviction officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may, by order, require that person to pay the damages with in such time and in such instal ments as may be specified in the order. (3) While making an order under sub -section ( 1) or sub -sectio n (2), the eviction officer may direct that the arrears of rent or, as the case may be, damages shall be payable together with simple interest at such rate as may be prescribed. (4) No order under sub -section ( 1) or sub -section ( 2) shall be made against an y person until after the issue of a notice in writing to the person calling upon him to show cause within such period not being less than seven days but not exceeding thirty days as may be specified in the notice as to why such order should not be made, an d until his objections, if any, and any evidence he may produce in support of the same have been cons idered by the eviction officer. 28H. Power s of eviction officers. An eviction officer shall, for the purpose of holding any inquiry into this Chapter, have the same powers, as are vested in a civil court under th e Code of Civil Procedure, 1908 (5 of 1908) , while trying a suit in respect of the following matters, namely: (a) summoning and enforcing the attendance of any pe rson and examining him o n oath; (b) requiring the discovery and production of documents; (c) any other matter which may be prescribed. [28-I. Establishment of Tribunal. ]Omitted by The Tribunals Reforms Act, 2021 (33 of 2021 ), s. 19 (w.e.f . 4-4-2021). [28J. Resignation and removal. ]Omitted by ibid., s. 19 ( w.e.f . 4-4-2021). 1[28JA. Qualifications, terms and conditions of service of Chairperson. ]Omitted by ibid., s. 19 (w.e.f . 4-4-2021). 28K. Appeals to Tribunal .(1) Any person aggrieved by an order of the eviction officer under this Chapter may, within fifteen days from the date of such order, prefer an appeal to the 2[High Court ]: 1. Ins. by Act 7 of 2017, s. 166 (w.e.f. 26 -5-2017). 2. Subs. by Act 33 of 2021, s. 19, for Tribunal in such form as may be prescribed (w.e.f. 4 -4-2021). 16 Provided that the 1[High Court ] may entertain any appeal after the expiry of the said period of fifteen days, but not af ter the period of thirty days from the date aforesaid , if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2* * * * * [28L. Procedure and power s of Tribunal .]Omitted by The Tribunals Reforms Act , 2021 (33 of 2021), s. 19 ( w.e.f . 4-4-2021). 28M. Finality of orders. Subject to the provisions of this Act, every order made by an eviction officer 3* under this Chapter shall be final and shall not be called in question in any suit, application, execution or other proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or intended to be taken in pursuance of any power conf erred by or under this Chapter. 28N. Offences under this C hapter. (1) Whoever, unlawfully occupies any airport premises, shall be punishable with imprisonment for a term which may ext end to six years and with fine. (2) Whoever fails to comply wi th any order of the eviction officer or the 1[High Court] under this Chapter shall be punishable with imprisonment for a term which may exten d to seven years and with fine. (3) If any person who has been evicted from any airport premises under this Chapter again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may ext end to ten years and with fine. (4) The court may, while convicting a person under sub -section ( 3), make an order for evicti ng that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken under this Chapter. 28-O. Offences by companies .(1) Where any offence under this Chapter has been committed by a company, every perso n who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proce eded against and punished accordingly: Provided that nothing contained in this sub -section shall render any such person liable to any punishment provided in this Chapter, if he proves that the offence was committed without his knowledge or he has exercise d all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section (1), where an offence under this Chapter has been committed by a company and it is proved that the offence has been committed with the cons ent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be lia ble 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. 28P. Cognizance of offences .No court shall take cognizance of any offence under this Chapter except on a complaint made by the Authority, eviction officer or any other officer authorised by it and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence pu nishable under this Chapter. 28Q. Power to obtain information. If the eviction officer has reason to believe that any persons are in an unauthorised occupation of any airport premises, he or any other officer authorised by him in this behalf may require those persons or any other person to furnish information in relation to the names 1. Subs. by Act 33 of 2021, s. 19, for Tribunal (w.e.f. 4 -4-2021). 2. Sub -sections (2), (3), (4) and (5) omitted by s. 19, ibid. (w.e.f. 4 -4-2021). 3. The words or the Tribunal omitted by s. 19, ibid. (w.e.f. 4-4-2021). 17 and other particulars of the persons in occupation of the airport pr emises and every person so required shall be bound to furnish the information in his possession. 28R. Officers, etc., to aid and assist. It shall be the duty of all the officers of the Government including police officers and any local authority to aid an d assist the eviction officer or other officers of the Authority in the discharge of thei r functions under this Chapter.] CHAPTER VI MISCELLANEOUS 29. Submission of annual report. (1) The Authority shall, as soon as may be after the end of each financial y ear, prepare and submit to the Central Government in such form as may be prescribed a report giving an account of its activities during that financial year and the report shall also give an account of the activities which are likely to be undertaken by the Authority dur ing the next financial year. (2) The Central Government shall cause such report to be laid before both Houses of Parliament as soon as may be after it is submitted. 30. Delegation. The Authority may, by general or special order in writing, d elegate to the Chairperson or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act, (except the powers under section 42) as it may deem necessary. 31. Authentication of orders and other instruments of the Authority .All orders and decisions of the Authority shall be authenticated by the signature of the Chairperson or any other member authorised by the Authority in this behalf and all other instruments executed by the Authority shall be authenticated by the signature of an officer of the Authority authorised by it in this behalf. 32. Officers and employees of the Authority to be public servants. All officers and employees of the Authority shall, while acting or purporting to act in pursuance of the provisions of this Act or of an y rule or regulation made there under, be deemed to be public servants within the meaning of secti on 21 of the Indian Penal Code (45 of 18 60). 33. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Authority or any member or any officer or other employee of the Authority 1* for anything which is in good faith done or intended to be done in pursuance of this Act or of an y rule or regulation made there under or for any damage sustained by any aircraft or vehicle in consequence of any defect in any of the airports, civil enclaves, heliports, airstrips, aeronautical communication stati ons or other things belonging to or under the control of the Authority. 34. Custody and disposal of lost property .Subject to such regulations as the Authority may make in this behalf, the authority shall provide for securing the safe custody and restorat ion of any property which, while not in proper custody, is found on any premises belonging to the Authority or under its overall control or in any aircraft on any such premises. 35. Provisions relating to income -tax.For the purposes of the Income -tax Act, 1961 (43 of 1961) or any other enactment for the time being in force relating to income -tax or any other tax on income , profits or gains, the Authority shall be deemed to be a company within the meaning of the Income -tax Act, 1961 and shall be liable to tax accordingly on i ts income, profits and gains. 36. Power of the Authority to under take certain works. The Authority ma y undertake to carry out on behalf of any person any works or services or any class of works or services on such terms and conditions as may be agreed upon between the Authority and the person concerned. 37. Power to issue directions. (1) The Authority or any officer specially authorised by it in this behalf may, from time to time, by order, issue directions, consistent with the provi sions of the Aircraft Act, 1934 (22 of 1934) and the rules made there under, with respect to any of the matters specified in clauses ( f), (h), (i
34) and the rules made there under, with respect to any of the matters specified in clauses ( f), (h), (i), (j), (k), (m), (p), (qq) and ( r) of sub-section ( 2) of section 5 of that Act, to any person or persons engaged in aircraft operations or using any airport s, heliport, airstrip or civil enclave, in any 1. The words or the Chairperson of the Tribunal omitted by Act 33 of 2021, s. 19 (w.e.f. 4 -4-2021). 18 case where the Authority or the officer is satisfied that in the interests of the security of India or for securing the security of the air craft it is necessary to do so. (2) Every direction issued under sub -section ( 1) shall be complied with by the person or persons to whom such direct ion is issued. (3) If any person wil fully fails to comply with any direction issued under this section, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both. 38. Power of the Central Government to temporarily d ivest the Authority of the mana gement of any airport .(1) If, at any time, the Central Government is of opinion that in the public interest it is necessary or expedient so to do, it may, by order, direct the Authority to entrust the administration, management or similar other functions of any airport, heliport, airstrip, civil enclave, aeronautical communication station, or any other agency or department of any airport, heliport, airstrip civil enclave or aeronautical communication station with effect from such date and to such person as may be specified in the order and the Authority shall be bound to comply with such direction: Provided that before an order is made under this sub -section the Authority sha ll be given a reasonable opportunity of bei ng heard in the matter. (2) Where the management of any airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof is entrusted to any person specifi ed under sub -section ( 1) (hereafter referred to in this section as the authorised person), the Authority shall cease to exercise and discharge all its powers and functions under this Act in relation to such airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof and su ch powers and functions shall be exercised and discharged by the authorised person in accordance with the instructions, if any, which the Central Government may give to the authorised person from time to time: Provided that no such power or function as may be specified by the Central Government by a general or special order shall be exercised or discharged by the authorised person except with the previous sanction of the Central Government. (3) An order made under sub -section ( 1) shall, unless rescinded, be in operation for a period of six months from the date on which the management of the airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof is entrusted to th e authorised person: Provided that the Central Government may extend such period for a further period or periods not exceeding eighteen months. (4) During the operation of an order made under sub -section ( 1), it shall be competent for the Central Governmen t to issue, from time to time, such directions to the Authority as are necessary to enable the authorised person to exercise the powers and discharge the functions of the Authority under this Act in relation to the airport, heliport, airstrip, civil enclav e or aeronautical communication station, or any other agency or department thereof the management of which has been entrusted to him and in particular to transfer any sum of money from the fund of the Authority to the authorised person for the management o f the airport, heliport, airstrip , civil enclave or aeronautical communication station or any other agency or department thereof and every such direction shall be complied with by the Authority. (5) On the cesser of operation of any order made under sub -section ( 1) in relation to any airport, heliport , airstrip, civil enclave or aeronautical communication station, or any other agency or department thereof the authorised person shall cease to exercise and perform the powers and functions of the authority un der this Act in relation to such airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof and the Authority shall continue to exercise and perform such powers and functions in accordance w ith the provisions of this Act. (6) On the cesser o f operation of any order made under sub -section ( 1) in relation to any airport, heliport, airstrip, civil enclave or aeronautical communication station, or any other agency or department thereof the authoris ed person shall hand over to the Authority any property (including any sum of money 19 or other asset) remaining with him in connection with the management of such airport, heliport, airstrip, civil enclave or aero nautical communication station. (7) Anything done or any action taken lawfully by the authorised person in relation to any airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof during the period of operation of an order made under s ub-section ( 1) shall be deemed to have been done or taken by the Authority and shall be binding on the Authority. 39. Power of the Central Government to supersede the Authority .(1) If, at any time, the Ce ntral Government is of opinion (a) that on account of a grave emergency, the Authority is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) that the Authority has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of which default the financial position of the Authority or the administration of any airport, heliport, airstri p, civil enclave or aeronautical communication station has deteriorated; or (c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Authorit y for such period, not exceeding six months, as may be s pecified in the notification: Provided that before issuing a notification under this sub -section for the reasons mentioned in clause ( b), the Central Government shall give a reasonable o pportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and object ions, if any, of the Authority. (2) Upon the publication of a notification under sub -section ( 1) superseding the Authority, (a) all the members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall until the Authori ty is re -constituted under sub -section ( 3), be exercised and discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Authority shall, until the Authority is re -constituted under sub -section ( 3), vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section ( 1), the Central Government may (a) extend the period of supersession for such further term not exceeding six months, a s it may consider necessary; or (b) re-constitute the Authority by fresh appointment and in such case the members who vacated their offices under clause ( a) of sub-section ( 2) shall not be deemed disqualified for appointment: Prov ided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub -section ( 1) or as extended under this sub-section, take action under clause ( b) of this sub -section. (4) The Central Government shall cause a notification issued under sub-section ( 1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity. 40. Power of the Central Government to issue directions. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in w riting to it from time to time: 20 Provided t hat the Authority shall, as far as practicable, be given opportunity to express its views before any direction i s given under this sub -section. (2) The decision of the Central Government whether a question is one o f policy or not shall be final. (3) The Ce ntral Government may, from time to time, issue directions to the Authority regarding the discharge of any functions to it under clause ( e) of sub -section ( 3) of section 12 and the Authority shall be bound to comply with such directions. 41. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing pow er, such rules may provide for (a) the pe riod of notice as may be given by the Central Government to terminate the appointment of any part -time member of the Authority under clause ( b) of proviso to sub-section ( 1) of section 5; (b) the conditions of service of the members of the Authority under sub -section ( 2) of section 5; (c) the period of notice as may be given by any member to resign his office under sub -section ( 3) of section 5; (d) the provisions subject to which officers and othe r employees may be appointed by the Authority and the category of officers to be appointed after approval of the Central Government under the proviso to sub -section ( 1) of section 10; (e) the provisions subject to which the Authority may manage the airport s, civil enclaves and aeronautical communication stations under sub -section ( 1) of section 12; 1[(ee) 2[the rate of development fees in respect of airports other than major airports and] the manner of regulating and utili sing the fees under section 22A ;] (f) the manner in which the Authority may invest its funds under clause ( b) of sub -section ( 3) of section 24; (g) the form in which the annual statement of accounts shall be prepared by the Authority under sub-section ( 1) of section 28: 1[(gi) the other manner of serving notice under sub -section ( 3) of section 28C; (gii) the other manner of serving notice under sub -section ( 4) of section 28C; (giii) the principles o f assessment of damages under sub -section ( 2) of section 28G; (giv) the rate of simple int erest under sub -section ( 3) of section 28G; (gv) any other matter under clause ( c) of section 28H; ] 3* * * * * (h) the form in which a report giving an account of its activities shall be prepared and submitted by the Authority to the Central Government under sub -section ( 1) of section 29; and (i) any other matter which is to be, or may be, prescribed. 42. Power to make regulations .(1) The Authority may make regulations not inconsistent with this Act and the rules made thereunder to provide f or all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such regulations may provide for 1. Ins. by Act of 43 of 2003, s.10 (w.e.f. 1 -7-2004). 2. Subs. by Act 27 of 2008, s. 54 and the Schedule, for the rate of development fees and (w.e.f. 1 -1-2009). 3. Clauses (gvi), (gvii), (gviii) and ( gix) omitted by Act 33 of 2021, s. 19 (w.e.f. 4 -4-2021). 21 (a) the time and places o f the meetings of the Authority and the procedure to be followed for the transaction of business including the quorum at such meetings under sub -section ( 1) of section 8; (b) the conditions of service and the remuneration of officers and other employees to be appointed by the Authority under sub -section ( 2) of section 10; (c) the construction of residential accommodation for the officers and other employees appointed by the Authority under clause ( e) of sub -section ( 3) of section 12; (d) the storage or proc essing of goods in any warehouse established by the Authority under clause ( g) of sub -section ( 3) of section 12 and the charging of fees for such storage or processing; (e) the contracts or class of contracts which are to be sealed with the common seal of the Authority and the form and manner in which a contract may be made by the Authority under sub-section ( 1) of section 21; (f) the custody and restoration of l ost property and the terms and conditions under which lost property may be restored to the persons ent itled thereto under section 34; (g) the disposal of any lost property in cases where such property is not restored; (h) securing the safety of aircraft, vehicles and persons using the airport or civil enclave and preventing danger to the public arising from the use and operation of aircraft i n the airport or civil enclave; (i) preventing obstruction within the airport or civil encl ave for its normal functi oning; (j) prohibiting the parking or waiting of any vehicle of carriage within the airport or civil enclave except at pla ces specified by the Authority; (k) prohibiting or restricting access to any part o f the airport or civil enclave; (l) preserving orde r within the airport or civil enclave and prevent ing damage to property therein; (m) regulating or restricting advertising withi n the airport or civil enclave; (n) requiring any person, if so directed by an officer appointed by the Authority in this behalf, to leave the airport or civil enclave or any particular part of th e airport or civil enclave; and (o) generally for the efficient and proper management of the a irport or civil enclave. (3) Any regulation made under any of the clauses ( h) to ( o) (both inclusive) of sub -section ( 2) may provide that a contravention there
clauses ( h) to ( o) (both inclusive) of sub -section ( 2) may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction fo r the first such contravention. (4) No regulation made by the Authority under this section shall h ave effect until it has been approved by the Central Government and pub lished in the Official Gazette. (5) Notwithstanding anything contained in this section, the first regulations under this Act shall be made by the Central Government and shall have effec t on being published in t he Official Gazette. (6) The first regulations framed under sub -section ( 5) shall remain in force until such time the Authority has made regulations and they are pub lished in the Official Gazette. 43. Rules and regulations to be la id before Parliament. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rul e or regulation. 22 44. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of one year fro m the commencement of this Act. (2) Every order made under sub -section ( 1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the orde r should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done unde r that order. 45. [Amendment of Act 22 of 1934 .].Rep. by Repealing and Amending Act , 2001 (30 of 2001 ), s. 2 and the First Schedule (w.e.f . 3-11-2001) . 46. Repeal and saving. (1) On and from the appointed date, (i) the International Airports Authority Act, 1971 (43 of 1971) and the National Airports Authority Act , 1985 (64 of 1985) shall stand repealed; (ii) the International Airports Authority and the National Airports Authority constituted under the aforesaid Acts shall cease to exist. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the aforesaid Acts so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken u nder the corresponding provisions of this Act.
THE SPECIFIC RELIEF ACT, 1963 ACT NO. 47 OF 1963 [13th December, 1963 .] An Act to define and amend the law relating to certain kinds of specific relief. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follow: PART I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be called the Specific Relief Act, 1963. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date1as the Central Government may, b y notification in the Official Gazette, appoint. 2. Definitions .In this Act, unless the context otherwise requires, (a) obligation includes every duty enforceable by law; (b) settlement means an instrument (other than a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925 ), whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of; (c) trust has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882) , and includes an o bligation in the nature of a trust within the meaning of Chapter IX of that Act; (d) trustee includes every per son holding property in trust; (e) all other words and expression s used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872) , have the meanings respectively assigned to them in that Act. 3. Savings .Except as otherwise provided herein, nothing in this Act shall be deemed (a) to deprive any person of any right to relief, other than specific performance, which he ma y have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908) , on documents. 4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws .Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. PART II SPECIFIC RELIEF CHAPTER I RECOVERING POSSESSION OF PROPERTY 5. Recovery of specific immovable property .A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908) . 6. Suit by person dispossessed of immovable property .(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person 2[through whom he has been in possession or any person ] claiming through him may, by suit , recover possession thereof, notwithstanding any other title that may be set up in such suit. 1. 1st March , 196 4, vide notification No. S.O. 189, dated 1 3th January , 196 4, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 2. Ins. by Act 18 of 2018, s. 2 (w.e.f. 1 -10-2018). 5 (2) No suit under this section shall be brought (a) after the expiry of six month s from the date of dispossession; or (b) against the Government. (3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed. (4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof. 7. Recovery of specific movable property .A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908) . Explanation 1.A trustee may sue under this section for the poss ession of movable property to the beneficial interest in which the person for whom he is trustee is entitled. Explanation 2.A special or temporary right to the present possession of movable property is sufficient to support a suit under this section. 8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession .Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically t o deliver it to the person entitled to its immediate possession, in any of the following cases : (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff ade quate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff. Explanation. Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause ( b) or clause (c) of this section, presume (a) that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be; (b) that it would be extremely difficult to ascertain the act ual damage caused by its loss. CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS 9. Defences respecting suits for relief based on contract .Except as otherwise provided herein where any relief is claimed under this Chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts. CONTRACTS WHICH CAN BE SPECIFICALLY ENFORCED 1[10. Specific performance in respect of contracts .The specific performance of a contract shall be enforced by the court subject to the provisions contained in sub -section ( 2) of section 11, section 14 and section 16.] 1. Subs. by Act 18 of 2018, s 3, for section 10 (w.e.f. 1 -10-2018). 6 11. Cases in which specific performance of contracts connected with trusts enforceable .(1) Except as otherwise provided in this Act, specific performance of a 1[contract shall ], be enforced when the act agreed to be done is in the performance wholly or partly of a trust. (2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. 12. Specific performance of part of contract .(1) Except as otherwise hereinafter provided in this section, the court shall not direct the specific performance of a part of a contract. (2) Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed be a only a small proportion to the whole in val ue and admits of compensation in money, the court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency. (3) Where a party to a contract is unabl e to perform the whole of his part of it, and the part which must be left unperformed either (a) forms a considerable part of the whole, though admitting of compensation in money; or (b) does not admit of compensation in money; he is not entitled to obtain a decree for specific performance; but the court may, at the suit of the other party, direct the party in default to perform specifically so much of his part of the contract as he can perform, if the other party (i) in a case falling under clause ( a), pays or has paid the agreed consideration for the whole of the contract reduced by the consideration for the part which must be left unperformed and in a case falling under clause ( b) 2[pays or ha s paid] the consideration for the whole of the contract without any abatement; and (ii) in either case, relinquishes all claims to the performance of the remaining part of the contract and all right to compensation, either for the deficiency or for the loss or damage sustained by him through the default of the defendant. (4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed , the cou rt may direct specific performance of the former part. Explanation. For the purposes of this section, a party to a contract shall be deemed to be unable to perform the whole of his part of it if a portion of its subject -matter existing at the date of the contract has ceased to exist at the time of its performance. 13. Rights of purchaser or lessee against person with no title or imperfect title .(1) Where a person contracts to sell or let certain immovable property having no title or only an imperfect title, the purchaser or lessee (subject to the other provisions of this Chapter), has the following rights, namely: (a) if the vendor or lessor has subsequently to the contract acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest; (b) where the concurrence of other person is necessary for validating the title, and they are bound to concur at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such concurrence, and when a conveyance by other persons is necessary to validate the title and they are bound to convey at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such conveyance; (c) where the vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtai n a valid discharge, and, where necessary, also a conveyance from the mortgagee; 1. Subs. by Act 18 of 2018, s. 4, for contract may, in the discretion of the court (w.e.f. 1 -10-2018). 2. Ins. by Act 52 of 1964, s. 3 and the Second Schedule (w.e.f. 29 -12-1964). 7 (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has a right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject -matter of the contract. (2) The provisions of sub -section ( 1) shall also apply, as far as may be, to contrac ts for the sale or hire of movable property. CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED 1[14. Contracts not specifically enforceable .The following contracts cannot be specifically enforced, namely: (a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20; (b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise; (c) a contract which is so dependent on the person al qualifications of the parties that the court cannot enforce specific performance of its material terms; and (d) a contract which is in its nature determinable . 14A. Power of court to engage experts.(1) Without prejudice to the generality of the provisions contained in the Code of Civil Procedure, 1908 (5 of 1908) , in any suit under this Act, where the court considers it necessary to get expert opinion to assist it on any specific issue involved in the suit, it may engage one or more experts and d irect to report to it on such issue and may secure attendance of the expert for providing evidence, including production of documents on the issue. (2) The court may require or direct any person to give relevant information to the expert or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. (3) The opinion or report given by the expert shall form part of the record of the suit; and the court, or with the permission of the court any of the parties to the suit, may examine the expert personally in open court on any of the matters referred to him or mentioned in his opinion or report, or as to his opinion or report, or as to the manner in which he has made the inspection. (4) The expert shall be entitled to such fee, cost or expense as the court may fix, which shall be payable by the parties in such proportion , and at such time, as the court may direct. ] PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED 15. Who may obtain specific performance .Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by (a) any party thereto; (b) the representative in interest or the principal, of any party thereto: Provided that where the learning, skill, solvency o r any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the cont ract, unless such party has already performed his part of the contract, or the performance thereof by his representative in interest, or his principal, has been accepted by the other party; (c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder; (d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman; (e) a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant; 1. Subs. by Act 18 of 2018, s. 5, for section 14 (w.e.f. 1 -10-2018). 8 (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the ben efit thereof and will sustain material injury by reason of its breach; 1[(fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partne rship which arises out of the amalgamation .] (g) when a company has entered into a contract and subsequently becomes amalgamated with another
of the amalgamation .] (g) when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation; (h) when the promoters of a company have, before it s incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company: Provided that the company has accepted the contract and has communicated such acceptance to the other p arty to the contract. 16. Personal bars to relief .Specific performance of a contract cannot be enforced in favour of a person 2[(a) who has obtained substituted performance of contract under section 20; or] (b) who has become incapable of performing , or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or (c) 3[who fails to prove ] that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be perfo rmed by him, other than terms the performance of which has been prevented or waived by the defendant. Explan ation .For the purposes of clause (c), (i) where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court; (ii) the plaintiff 4[must prove ] performance of, or readiness and willingness to perform, the contract according to its true construction. 17. Contract to sell or let property by one who has no title, not specifically enforceable .(1) A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor (a) who, knowing himself not to have any title to the property, has contracted to sell or let the property; (b) who, though he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt. (2) The provisions of sub -section ( 1) shall also apply , as far as may be, to contracts for the sale or hire of movable property. 18. Non-enforcement except with variation .Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obt ain the performance sought, except with the variation so set up, in the following case s, namely: (a) where by fraud, mistake of fact or mis -representation, the written contract of which performance is sought is in its terms or effect different from what t he parties agreed to, or does not contain all the terms agreed to between the parties on the basis of which the defendant entered into the contact ; 1. Ins. by Act 18 of 2018, s . 6 (w.e.f. 1 -10-2018). 2. Subs. by s. 7, ibid., for clause ( a) (w.e.f . 1-10-2018). 3.Subs. by s. 7, ibid., for who fails to aver and prove (w.e.f . 1-10-2018). 4. Subs by Act 18 of 2018, s. 7, for must aver (w.e.f. 1 -10-2018). 9 (b) where the object of the parties was to produce a certain legal result which the contract as framed is no t calculated to produce; (c) where the parties have, subsequently to the execution of the contract, varied its terms. 19. Relief against parties and persons claiming under them by subsequent title .Except as otherwise provided by this Chapter, specific per formance of a contract may be enforced against (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract; (c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant; 1[(ca) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation.] (d) when a company has entered into a contract and subsequently becomes amalgamated with another company, the new c ompany which arises out of the amalgamation; (e) when the promoters of a company have, before its incorporation, entered into a contract for the purpose of the company and such contract is warranted by the terms of the incorporation, the company: Provided that the company has accepted the contract and communicated such acceptance to the other party to the contract. 2[Substituted performance of contracts, etc .] 3[20. Substituted performance of contract .(1) Without prejudice to the generality of the provisions contained in the Indian Contract Act, 1872 (9 of 1872) , and, except as otherwise agreed upon by the parties, where the contract is broken due to non -performance of promise by any party, the party who suffers by such breach sha ll have the option of substituted performance through a third party or by his own agency, and, recover the expenses and other costs actually incurred, spent or suffered by him, from the party committing such breach. (2) No substituted performance of contra ct under sub -section ( 1) shall be undertaken unless the party who suffers such breach has given a notice in writing, of not less than thirty days, to the party in breach calling upon him to perform the contract within such time as specified in the notice, and on his refusal or failure to do so, he may get the same performed by a third party or by his own agency: Provided that the party who suffers such breach shall not be entitled to recover the expenses and costs under sub -section ( 1) unless he has got the contract performed through a third party or by his own agency. (3) Where the party suffering breach of contract has got the contract performed through a third party or by his own agency after giving notice under sub -section ( 1), he shall not be entitled to claim relief of specific performance against the party in breach. (4) Nothing in this section shall prevent the party who has suffered breach of contract from claiming compensation from the party in breach. 20A. Special provisions for contract relating to infrastructure project .(1) No injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule, where granting injunction would cause impediment or delay in the progres s or completion of such infrastructure project. 1. Ins. by Act 18 of 2018, s. 8 (w.e.f . 1-10-2018). 2. Subs. by s. 9, ibid., for Discretion and powers of Court (w.e.f . 1-10-2018). 3. Subs. by s . 10, ibid., for section 20 (w.e.f . 1-10-2018). 10 Explanation .For the purposes of this section, section 20B and clause ( ha) of section 41, the expression infrastructure project means the category of projects and infrastructure Sub-Sectors specified in the Schedule. (2) The Central Government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend the Sched ule relating to any Category of projects or Infrastructure Sub -Sectors. (3) Every notification issued under this Act by the Central Government shall be laid , as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any mod ification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulme nt shall be without prejudice to the validity of anything previously done under that notification . 20B. Special Courts .The State Government, in consultation with the Chief Justice of the High Court, shall designate, by notification published in the Official Gazette, one or more Civil Courts as Special Courts, within the local limits of the area to exercise jurisdiction and to try a suit under this Act in respect of contracts relating to infrastructure projects. 20C. Expeditious disposal of suits.Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant : Provided that the said period may be extended for a further period not exceeding six months in aggregate after recording reasons in writing for such extension by the court.] 21. Power to award compensation in certain cases .(1) In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach 1[in addition to ] such performance. (2) If, in any such suit, the court decides that specific perf ormance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, and that the plaintiff is entitled to compensation for that breach, it shall award him such compensation accordingly. (3) If, in any such suit, the court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him suc h compensation accordingly. (4) In determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872 (9 of 1872) . (5) No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: Provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on s uch terms as may be just, for including a claim for such compensation. Explanation .The circumstances that the contract has become incapable of specific performance does not preclude the court from exercising the jurisdiction conferred by this section. 22. Power to grant relief for possession, partition, refund of earnest money, etc .(1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908 (5 of 1908) , any person suing for the specific performance of a contract for the tran sfer of immovable property may, in an appropriate case, ask for (a) possession, or partition and separate possession, of the property , in addition to such performance; or 1. Subs. by Act 18 of 2018, s. 11, for , either in addition to, or in substitution of, (w.e.f . 1-10-2018) . 11 (b) any other relief to which he may be entitled, including the refund of any earnes t money or deposit paid or 1[made by] him, in case his claim for specific performance is refused. (2) No relief under clause ( a) or clause ( b) of sub -section ( 1) shall be granted by the court unless it has been specifically claimed: Provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief. (3) The power of the court to grant relief under clause ( b) of sub -section ( 1) shall be without prejudice to its powers to award compensation under section 21. 23. Liquidation of damages not a bar to specific performance .(1) A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case of its breach and the party in default is willing to pay the same, if the court, having regard to the terms of the contract and other attending circumstances, is satisfied that the sum was named only for the purpose of securing performance of the contract and not for the purpose of giving to the party in default an option of paying money in lieu of specific performance. (2) When enforcing specific performance under this section, the court shall no t also decree payment of the sum so named in the contract. 24. Bar of suit for compensation for breach after dismissal of suit for specific performance .The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff s right to sue for compensation for the breach of such contract or part, as the case may be, but shall not bar his right to sue for any other relief to which he may be enti tled, by reason of such breach. ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS 25. Application of preceding sections to certain awards and testamentary directions to execute settlements .The provisions of this Chapter as to contracts shall apply to awards to which 2[the Arbitra tion and Conciliation Act, 1996 (26 of 1996) ], does not apply and to directions in a will or codicil to execute a particular settlement. CHAPTER III RECTIFICATION OF INSTRUMENTS 26. When instrument may be rectified .(1) When, through fraud or a mutual mistake of the parties , a contract or other instrument in writing [not being the articles of association of a company to which the Companies Act, 1956 (1 of 1956) , applies ] does not express their real intention, then (a) either party or his representative in interest may institute a suit to have th e instrument rectified; or (b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or (c) a defendant in any such suit as is referred to in clause ( b), may, in addition to any other defence open to him, ask for rectification of the instrument. (2) If, in any suit in which a contract or other instrument is sought to be rectified under sub- section ( 1), the court finds that the instrumen t, through fraud or mistake, does not express the
ified under sub- section ( 1), the court finds that the instrumen t, through fraud or mistake, does not express the real intention of the parties, the court may , in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third per sons in good faith and for value . (3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced. 1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for made to (w.e.f. 29 -12-1964). 2. Subs. by Act 18 of 2018, s. 12 , for the Arbitration Act, 1940 (10 of 1940) (w.e.f. 1-10-2018 ). 12 (4) No relief for the rectificat ion of an instrument shall be granted to any party under this section unless it has been specifically claimed: Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim. CHAPTER IV RESCISSION OF CONTRACTS 27. When rescission may be adjudged or refused .(1) Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely: (a) where the contract is voidable or terminable by the plaintiff; (b) where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff. (2) Notwithstanding anything contained in sub -section ( 1), the court may refuse to rescind the contract (a) where the plaintiff has expressly or impliedly ratified the contract; or (b) where, owing to the change of circumstances whi ch has taken place since the making of the contract (not being due to any act of the defendant himself), the parties cannot be substantially restored to the position in which they stood when the contract was made; or (c) where third parties have, during th e subsistence of the contract, acquired rights in good faith without notice and for value; or (d) where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract. Explanation .In this section contract in relation to the territories to which the Transfer of Property Act, 1882 (4 of 1882) , does not extend, means a contract in writing. 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific p erformance of which has been decreed .(1) Where in any suit a decree for specific performance of a contract for the sale or lease of immovable property has been made and the purchaser or lessee does not, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case may require. (2) Where a contr act is rescinded under sub -section ( 1), the court (a) shall direct the purchaser or the lessee, if he has obtained possession of the property under the contract, to restore such pos session to the vendor or lessor, and (b) may direct payment to the vendor or lessor of all the rents and profits which have accrued in respect of the property from the date on which possession was so obtained by the purchaser or lessee until restoration of possession to the vendor or lessor, and , if the justice of the case so re quires, the refund of any sum paid by the vendee or the lessee as earnest money or deposit in connection with the contract. (3) If the purchase or lessee pays the purchase money or other sum which he is ordered to pay under the decree within the period referred to in sub -section ( 1), the court may, on application made in the same suit, award the purchaser or lessee such further relief as he may be entitled to, including in appropriate cases all or any of the following reliefs, namely: (a) the execution of a proper conveyance or lease by the vendor or lessor; 13 (b) the delivery of possession, or partition and separate possession, of the property on the execution of such convey ance or lease. (4) No separate suit in respect of any relief which may be claimed under this section shall lie at the instance of a vendor, purchaser, lessor or lessee, as the case may be. (5) The costs of any proceedings under this section shall be in the discretion of the court. 29. Alternative prayer for rescission in suit for specific performance .A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly. 30. Court may require parties rescinding to do equity .On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require. CHAPTER V CANCELLATION OF INSTRUMENTS 31. When cancellation may be ordered .(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, ma y sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled. (2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908) , the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation. 32. What instruments may be partially cancel led.Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue. 33. Power to require benefit to be restored or compensation to be made when instrum ent is cancelled or is successfully resisted as being void or voidable .(1) On adjudging the cancellation of an instrument, the court may require the party to whom such relief is granted, to restore, so far as may be any benefit which he may have received from the other party and to make any compensation to him which justice may require. (2) Where a defendant successfully resists any suit on the ground (a) that the instrument sough t to be enforced against him in the suit is voidable, the court may if the d efendant has received any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make compensation for it; (b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872) , the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may b e, such benefit to that party, to the extent to which he or his estate has benefited thereby . CHAPTER VI DECLARATORY DECREES 34. Discretion of court as to declaration of status or right .Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. 14 Explanation. A trustee of property is a person interested to deny a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee. 35. Effect of declaration .A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respec tively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees. PART III PREVENTIVE RELIEF CHAPTER VII INJUNCTIONS GENERALLY 36. Preventive relief how granted .Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. 37. Temporary and perpetual injunctions .(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court , and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908) . (2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff. CHAPTER VIII PERPETUAL INJUNCTIONS 38. Perpetual injunction when granted .(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. (2) When any such obli gation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II. (3) When the defendant invades or threatens to invade the plaintiff s right to, or enjoyment of, property, the court may grant a perpetual injunctio n in the following cases, namely: (a) where the defendant is trustee of the property for the plaintiff; (b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion; (c) where the invasion is such that compensation in money would not afford adequate relief; (d) where the injunction is necessary to prevent a multiplicity of judicial proceedings. 39. Mandatory injunctions .When, to prevent the breach of an obligation, it is necessary to compel the per formance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of , and also to compel performance of the requisite acts. 40. Damages in lieu of, or in addition to, injunction .(1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages. (2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint: Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim. (3) The dismissal o f a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach. 15 41. Injunction when refused .An injunction cannot be granted (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; (b) to restrain any person from instituting or prosecuting any proceeding in a court not sub- ordinate to that from which the injunction is sought; (c) to restrain any person from applying to any legislative body; (d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter; (e) to prevent the breach of a contract the performance of which would not be specifically enforced; (f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance; (g) to prevent a continuing breach in which the plaintiff has acquies ced; (h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust; 1[(ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the co ntinued provision of relevant facility related thereto or services being the s ubject matter of such project.] (i) when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court; (j) when the plaintiff has no personal interest in the matter. 42. Injunction to perform negative agreement .Notwithstanding anything contained in clause ( e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement , express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: Provided that the plaintiff has not failed to perform the contract so far as it is binding on him. 2* * * * * 1. Ins. by Act 18 of 2018, s . 13 (w.e.f. 1 -10-2018) . 2. Sections 43 and 44 rep. by the Repealing and Amend ing Act, 1974 (56 of 1974), s. 2 and the First Schedule (w.e.f. 20 -12-1974). 16 1[THE SCHEDULE [See sections 20A and 41 ( ha)] Category of projects and Infrastructure Sub -Sectors Sl. No. Category Infrastructure Sub -Sectors 1 2 3 1. Transport (a) Road and bridges (b) Ports (including Capital Dredging) (c) Shipyards (including a floating or
Road and bridges (b) Ports (including Capital Dredging) (c) Shipyards (including a floating or land -based facility with the essential features of waterfront, turning basin , berthing and docking facility, slipways or ship lifts, and which is self -sufficient f or carrying on shipbuilding/repair/breaking activities) (d) Inland Waterways (e) Airports (f) Railway Track, tunnels, viaducts, bridges, terminal infrastructure including stations and adjoining commercial infrastructure (g) Urban Public Transport (except rolling stock in case of urban road transport) 2. Energy (a) Electricity Generation (b) Electricity Transmission (c) Electricity Distribution (d) Oil pipelines (e) Oil/Gas/Liquefied Natural Gas (LNG) storage facility(including strategic storage of crude oil) (f) Gas pipelines (including city gas distribution network) 3. Water and Sanitation (a) Solid Waste Management (b) Water supply pipelines (c) Water treatment plants (d) Sewage collection, treatment and disposal system (e) Irrigation (dams, channels, embankments, etc.) (f) Storm Water Drainage System (g) Slurry pipelines 4. Communication (a) Telecommunication (Fixed network including optic fibre/wire/cable networks which provide broadband/internet) (b) Telecommunication towe rs (c) Telecommunications and Telecom Services 1. Ins. by Act 18 of 2018, s. 14 (w.e.f. 1 -10-2018). 17 Sl. No. Category Infrastructure Sub -Sectors 1 2 3 5. Social and Commercial Infrastructure (a) Education Institutions (capital stock) (b) Sports infrastructure (including provision of Sports Stadia and Infrastructure for Academies for Training /Research in Sports and Sports - relating activities ) (c) Hospitals (capital stock including Medical Colleges, Para Medical Training Institutes and Diagnostic Centres) (d) Tourism infrastructure viz. (i) three -star or higher category classified hotels located outside cities with popu lation of more than one million; (ii) ropeways and cable cars (e) Common infrastructure for industrial parks and other parks with industrial activity such as food parks, textile parks, Special Economic Zones, tourism facilities and agriculture markets (f) Post -harvest storage infrastructure for agricultur e and horticulture produce including cold storage (g) Terminal markets (h) Soil -testing laboratories (i) Cold chain (including cold room facility for farm level pre-cooling, for preservation or storage of agriculture and allied produce, marine products and meat) (j) Affordable Housing (including a housing project using at least 50% of the Floor Area Ratio (FAR)/Floor Space Index (FSI) for dwelling units with carpet area of not more than 60 square meters Explanation. For the purposes of this sub -clause, the term carpet area shall have the same meaning as assigned to it in clause (k) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016).]
THE SPECIAL ECONOMIC ZONES ACT, 2005 ACT NO. 28 OF 2005 [23rd June , 2005.] An Act to provide for the establishment, development and management of the Special Economic Zones for the promotion of exports and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty -sixth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement .(1) This Act may be called the Special Economic Zones Act, 2005. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any refere nce in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Definitions .In this Act, unless the context otherwise requires, (a) appointed day with reference to a Special Economic Zone means the date on which the Special Economic Zone is notified by the Central Government under sub-section ( 1) of section 4; (b) Approval Committee means an Approval Committee constituted under sub -section ( 1) of section 13; (c) authorised operations means operations which may be authorised under sub -section ( 2) of section 4 and sub -section ( 9) of section 15; (d) Authority means a Special Economic Zone Authority constituted under sub -section ( 1) of section 31; (e) Board means the Board of Approval constituted under sub -section ( 1) of section 8; (f) Co-Developer means a person who, or a State Government which, has been granted by the Central Government a letter of approval under sub -section ( 12) of section 3; (g) Developer means a person who, or a State Government which, has been granted by the Central Government a letter of approval under sub -section ( 10) of section 3 and includes an Authority and a Co -Developer; (h) Development Commissioner means the D evelopment Commissioner appointed for one or more Special Economic Zones under sub -section ( 1) of section 11; (i) Domestic Tariff Area means the whole of India (including the territorial waters and continental shelf) but does not include the areas of the Special Economic Zones; (j) entrepreneur means a person who has been granted a letter of approval by the Development Commissioner under sub -section ( 9) of section 15; (k) existing Special Economic Zone means every Special Economic Zone which is in exi stence on or before the commencement of this Act; 1. 10th February, 2006 (ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 25, 26, 27, 28, 29, 30, 42, 43 , 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58), vide notification No. S.O. 196(E), dated 10th February , 2006, see Gazette of India, Extraordinary, P art II, sec. 3( ii). 1st October, 2008 (ss. 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41), vide notification No. S.O.2320(E), dated 1st October, 2008, see Gazette of India, Extraordinary, Part II, sec 3( ii). 13th January, 2010 (ss. 20, 21 and 22), vide notification No. S.O. 75(E), dated 13th January, 2010, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 5 (l) existing Unit means every Unit which has been set up on or before the commencement of this Act in an existing Special Economic Zone; (m) export means (i) taking goods, or providing services, out of India, from a Special Economic Zone, by land, sea or air or by any other mode, whether physical or otherwise; or (ii) supplying goods, or providing services, from the Domestic Tariff Area to a Unit or Developer; or (iii) supplying goods, or providing services, from one Unit to another Unit or Developer, in the same or different Special Economic Zone; (n) Free Trade and Warehousing Zone means a Special Economic Zone wherein mainly trading and warehousing and other activities relat ed thereto are carried on; (o) import means (i) bringing goods or receiving services, in a Special Economic Zone, by a Unit or Developer from a place outside India by land, sea or air or by any other mode, whether physical or otherwise; or (ii) receivin g goods, or services by a Unit or Developer from another Unit or Developer of the same Special Economic Zone or a different Special Economic Zone; (p) infrastructure facilities means industrial, commercial or social infrastructure or other facilities nec essary for the development of a Special Economic Zone or such other facilities which may be prescribed; (q) International Financial Services Centre means an International Financial Services Centre which has been approved by the Central Government under sub-section ( 1) of section 18; (r) manufacture means to make, produce, fabricate, assemble, process or bring into existence, by hand or by machine, a new product having a distinctive name, character or use and shall include processes such as refrigeration, cutting, polishing, blending, repair, remakin g, re -engineering and includes agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, poultry, sericulture, viticulture and mining; (s) notification means a notification published in the Official Gazette and the expression notify shall be construed accordingly; (t) notified offences means the offences specified as such under sub -section ( 1) of section 21; (u) Offshore Banking Unit means a branch of a bank located in a Special Economic Zone and which has obtained the pe rmission under clause ( a) of sub-section ( 1) of section 23 of the Banking Regulation Act, 1949 (10 of 1949); (v) person includes an individual, whether resident in India or outside India, a Hindu undivided family, co -operative society, a company, whether incorporated in India or outside India, a firm, proprietary concern, or an association of persons or body of individuals, whether incorporated or not, local authority 1[trust or any entity as may be notified by the Central Governmen t] and any agency, office or branch owned or controlled by such individual, Hindu undivided family, co -operative, association, body, 2[authority, company, trust or entity ]; (w) prescribed means prescribed by rules made by the Central Government under this Act; (x) Reserve Bank means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); (y) Schedule means Schedules to this Act; 1. Ins. by Act 8 of 2019, s. 2 (w.e.f. 2 -3-2019). 2. Subs. by s. 2, ibid., authority or company (w.e.f. 2 -3-2019). 6 (z) services mean s such tradable services which, (i) are covered under the General Agreement on Trade in Services annexed as IB to the Agreement establishing the World Trade Organisation concluded at Marrakesh on the 15th day of April, 1994; (ii) may be prescribed by the Central Government for the purposes of this Act; and (iii) earn foreign exchange; (za) Special Economic Zone means each Special Economic Zone notified under the proviso to sub-section ( 4) of section 3 and sub -section ( 1) of section 4 (including Free Trade and Warehousing Zone) and includes an existing Special Economic Zone; (zb) State Government means a State Government of the State in which a Special Economic Zone is established or proposed to be established; (zc) Unit means a Unit set up by an entrepreneur in a Special Economi c Zone and includes an existing Unit, an Offshore Banking Unit and a Unit in an International Financial Services Centre, whether established before or established after the commencement of this Act; (zd) all other words and expressions used and not defined in this Act but defined in the Central Excise Act, 1944 (1 of 1944), the Industries (Development and Regulation) Act, 1951 (65 of 1951), the Income -tax Act, 1961 (43 of 1961), the Customs Act, 1962 (52 of 1962) and the Foreign Trade (Development and Regul ation) Act, 1992 (22 of 1992) shall have the meanings respectively assigned to them in those Acts. CHAPTER II ESTABLISHMENT OF SPECIAL ECONOMIC ZONE 3. Procedure for making proposal to e stablish Special Economic Zone .(1) A Special Economic Zone may be established under this Act, either jointly or severally by the Central Government, State Government, or any person for manufacture of goods or rendering services or for both or as a Free Trade and Warehousing Zone. (2) Any person, who intends to set up a S pecial Economic Zone, may, after identifying the area, make a proposal to the State Government concerned for the purpose of setting up the Special Economic Zone. (3) Notwithstanding anything contained in sub -section ( 2), any person, who intends to set up a Special Economic Zone, may, after identifying the area, at his option, make a proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided that where such a proposal has been received directly from a person under this s ub-section, the Board may grant approval and after receipt of such approval, the person concerned shall obtain the concurrence of the State Government within the period, as may be prescribed. (4) In case a State Government intends to set up a Special Econo mic Zone, it may after identifying the area, forward the proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided t hat the Central Government may, (a) after consulting the State Government concerned; (b) without referring the proposal for setting up the Special Economic Zone to the Board; and (c) after identifying the area, suo motu set up and notify the Special Economic Zone. (5) Every proposal under sub -sections ( 2) to ( 4) shall be made in such form, and, manne r, containing such pa rticulars as may be prescribed. (6) The State Government may, on receipt of the proposal made under sub -section ( 2), forward the same together with its recommendations to the Board within such period as may be prescribed. 7 (7) Without prejudice to the provisions contained in sub -section ( 8), the Board may, after receipt of the proposal under sub -sections ( 2) to ( 4), approve the proposal subject to such terms and conditions as it may deem fit to impose, or modify or reject the proposal. (8) The Central Government may prescribe the following requirements for establishment of a Special Economic Zone, namely: (a) the minimum area of land and other terms and conditions subject to which the Board shall approve, modify or reject any proposal r eceived by it under sub-sections ( 2) to ( 4); and (b) the terms and conditions, subject to which the Developer shall undertake the authorised operations and his obligations and entitlements: Provided that different minimum area of land and other terms and conditions referred to in clause ( a) may be prescribed by the Central Government for a class or classes of Special Economic Zones. (9) If the Board, (a) approves without any modification the proposal received under sub -sections ( 2) to ( 4), it shall commun icate the same to the Central Government; (b) approves with modifications the proposal received under sub -sections ( 2) to ( 4), it shall, communicate such modifications to the person or the State Government concerned and if such modifications have been acce pted by such person or State Government, the Board shall communicate the approval to the Central Government; (c) rejects the proposal received under sub -sections ( 2) to ( 4), it shall record the reasons therefor and communicate the rejection to the Central Government which shall intimate to the State Government or the person concerned. (10) The Central Government shall, on receipt of communication under clause ( a) or clause ( b) of sub-section ( 9), grant, within such time as may be prescribed, a letter of app roval on such terms and conditions and obligations and entitlements as may be approved by the Board, to the Developer, being the person or the State Government concerned: Provided that the Central Government may, on the basis of approval of the Board, appr ove more than one Developer in a Special Economic Zone in cases where one Developer does not have in his possession the minimum area of contiguous land, as may be prescribed, for setting up a Special Economic Zone and in such cases, each Developer shall be considered as a Developer in respect of the land in his possession. (11) Any person who, or a State Government which, intends to provide any infrastructure facilities in the identified area referred to in sub -sections ( 2) to ( 4), or undertake any authoris ed operation may, after entering into an agreement with the Developer referred to in sub -section ( 10), make a proposal for the same to the Board for its approval and the provisions of sub -section ( 5) and sub -sections ( 7) to ( 10) shall, as far as may be, ap ply to the said proposal made by such person or the State Government. (12) Every person or the State Government referred to in sub -section ( 11), whose proposal has been approved by the Board and who, or which, has been granted letter of approval by the Central Government, shall be considered as a Co -Developer of the Special Economic Zone. (13) Subject to the provisions of this section and the letter of approval granted to a Developer, the Developer may allocate space or built up area or provide infrastru cture services to the approved Units in accordance with the agreement entered into by him with the entrepreneurs of such Units.