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idk ~abha corrigenda to the eiast puuj ab ljrban rel~ t res triction (chandigarh amendment) bill, 1977(to be/as introduced in ldk sabha) page 1, line 8,-! !q£ 'ic andi garh " read 'chandi garh " ') l_ page 5, line 26 ,-:for "on" read "in" 3 page 6, line 9,-:for "posse sion" read "po s se s sion " new delhi; april j 'l 1977 chai tra 11 ,u1899 (saka) bill no 14 of 1977 the east punjab urban rent restriction (chandigarh amendment) bill, 1977 a billiuf1mt to «mend the ecat ]lun;ob urban rent remiction act 1948 cis in force in the union territorrl· otf ~h bz it enacted by par)tament in the twenty-eighth year of the republic of india as follows:-1 (i) this act may be ealled the east punjab urban rent restric-short hod (cbandfgarh ainendment) act, 19'17 title and , (2) it shall be deemed to have corne into torce on the 17th day of coid-menca tnedt december, 1976 east punjab act iii or 1849 ~ hl section 2 of the east punjab urban rent restriction act, 1949, amend-81m force in the union territory of candigarh (hereinafter refemki to ment of as the principal act), in clause (h), for the worda "the schedule to this section •• 10 aet , the words and figure "schedule i to this act" shall be substituted s in !eetion 13 of the principal act,-(a) in sub-section (3), the fouowing e~z4mtion aball be inserted at, the end, namely:-'e:!!pl4ft4tion-for the purposes of thfa sub-eectton, "residential building" includes 8 scheduled buildidg'; (b) after sub-section (4), the following 8ub-aection ahall be ill· sel1ed, namely:-ie t4a) ~where a landlord who, having evicted any tenant from a residential or a scheduled building in pursuance of an order made under section 13a,-, (4) does not occupy it, or (b) within a period of three years from the date of luch eviction of the enant, lets out, without obtaining the writtt'n permission of the controller for so doing, the whole or 1u'1 part of such residtultial or scheduled building, to any period 10 other than the tenant evicted from it, the evicted tenant may apply to the controller for an order directing that the possession of such residential of scheduled building or, as the case may be, part thereof, &hall be restored to him and the controller shall make an order accordingly" is 4 after section 13 of the principal act, the following ilection shall be illserted, namely:-"13a (1) where a landlord who, being a person in occupation of any residential builcung allotted to him by the central government or any local authority, is required by, or in pursuance of, any general 20 or sp,t!~ ci)rder made by that government or authority, to vacate , , i' ill building, or in default, to incur certain obligations, insertion of new lectign 13a ltijht to recov imme-, diate ponessian of reaiden tialor scheduled building to accrue to certain penona oji 'the gro~:~t he,owbs,id tlta wnlon territory of ohaildijarh, a resideijtial ora s,eduledbuilding either in his own name or in the name of 'his wife or dependent child, there shall accrue, on and from zs the date of such order, to such landlord, notwithstanding anything contained elsewhere in this act or in any other law for the time being in force or in any contract (whether express or implied), custom or ~ to· the· contrary, a right to recover immediately ~tbe pb8l!l1ii10d of any residedtial'~'scheclu1ad'buildidg let out by 'him: so provided that nothing in tbis aection shall be codbkued as 4ojlferrldg aright 'on a landlord ownin& in the union terr1f09·'ot chandigarh two or more residential or scheduled buildinp, whether in hif own uame of, in the name of 1ws wife or depencieat child; to recover the po8sesawn of more than ode residential or 1chedu1acl 35 building and it shall be lawful for such ludlord to indicate the realdential or scheduled building possession of which he intends to recover: provided further that where any residential or scheduled buj1d ing corit~ jl101'e than ode residential unit, nothing in this section ~ 1tfial1' be eonstrued as' conferring a right on the landlord to recover ' possesion of more than such dttmber of residential unit· :re suftlclent' 1orhis own use and occupation, and for this' putpoie it shall be lawful for the landlord to ind'icate the residential unit or units, the possession of which he intends to recover ' ' 4$ (i) notwithstanding anything contained elsewhere in this act or in any ether law for the time being in force or m any contract, ,custom or to b contrary where'the ),ndjgi'd, 'exerciaes the rilbt of recovery codferred odiumby' tub eatiod (1), do coidpenatlon shad be, payable by him to the ten8llt or anyperson claiming tbnnlgh or under him and no claim for such compensation shall be entertaided by any court, tribunal or other authority: 'provided that where the lancllordhad received,-(4) any rent in advance from the tenant, he shall within - period of ninety days from the date of recovery of possession of the residential or scheduled building by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease; 10 i,' (b) any other payment, he shall, within the period 'aforesaid, refund to the tenant a sum which shall bear the same proportihn to the total amount so received, as the unexpired portion of the contract or agreement or lease bears to the total period of contract or agrec>ment or lease: provided further that, if any default is made in making anr refund as aforesaid, the landlord shall be liable to pay' simple interest at the rate of six per cent per annum on the amount, which he lias omitted or failed to refund" 5 after section 18 of the principal act, the following sections shall be 20 inserted, namely:-insertion of n'ew section!' 1ba and 18b ai8a section 18b or' any rule made thereunder shall ha\1e 'efrtoet ll,otwfthstandjng anything inconsistent therewith contained elsewhere in ws act or in any other law for the time being in force ~tion l8b to have overriding eft'ecl lab (1) every application by a landlord for the recovery of as posseasion of any residential or acheduled· building oil the ground speclfted in section 13a shall be dealt with in accordance with the pi'oeedure specifted in this section (2) the controller shall issue summons, in relation to every application referred to in sub-section (1), in thefonnspecifled in 30 schedule ii to this act special proce_ dure for dispolkd of applications for eviction on the ground of bona fide requirement (3) (4) the controller shalt, in addition to, and sbnujtaneousl~' with, the issue of rummons for service on the tenant, also direct the summons to be served by registered post, acknowledgment due, 3' - addressed to the tenant or his agent empowered to accept the seorvice at the place where the tenant or his agent actuallv and voluntarily tesjdes or carries on business or personally works for gafn and may, if the circumstances of the case so require, also direct the publfcatfon of the summons in a newspaper circulating in the locality in which tle tenlu'lt is last known to have resided or carried od busin~s or personally worked for gain (b) when an acknowledgment purporting to be signed by the tenant or his agent is received by the controller or the registered article containing the summons is received back with an endorsemerit purporting to have been made by a postal employee to the 45 dfect that the tenant or his agent had refused to take delivery of the regtstered article, the controller may declare that there hu been '" 8 valid service of summons (4) the tenant od whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in schedule n to tlus act sball not contest the prayer for eviction from the residential or scheduled building unless he files an affidavit stat-ing the grounds on which he seeks to contest the application for s eviction and obtains leave from the controller as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction 10 on the ground aforesaid (5) the controller shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts u would disentitle the landlord from obtaining an order for the recovery of possession of the residential or scheduled building on the ground 15 specified in section 13a (6) where leave is granted to' the tenant to contest the application, the controller shall commence the hearing of the application as early as practicable (1) notwithstanding anything contained in this act, the con-~o troller shall while holding an inquiry in a proceeding to which this section appues, follow the practice and procedure of a com of small causes including the recording of evidence (8) no appeal or second appeal shall lie against an order tor the recovery of possession of any residential or scheduled building made a5 by the controller in accordance with the procedure specified in thll aectlon: provided that the high court may, for the purpose of sattsfytng itself that an order made by the controller under this sectlon is accordtug to law, call for the records of the case and pass such order 30 in respect thereto as it thinks fit (9) where no application has been made to the high court for revision, the controller may exercise the powers of review in aceord &dee with the provisions of order xlvii of the first schedule to the code of civil procedure, 1908 35 50t 1908 (10) save as otherwise provided in this section, the procedure for the disposal of an application for eviction on the ground speclfted in section 13a shall be the same as the procedure for the dispoaal of appucations by controllers" 8 in section 19 of the principal act after sub-section (2), the follow 40 jng sub-sectton shall be inserted, namely:-amend mentor seetlod 19 it (2a) a landlord who, having evicted a tenant from a residential or a scheduled building in pursuance of an order made under section 13a, does not occupy it or lets it out in contravention of the provisions of sull-section (4a) of section 13, shall be punishable with 45 imprisonment for a t~rm which play extend to two years and wtth fide" 'r the existing schedule to the principal act shall be numbered 88 schedule i thereof and, after the schedule as so numbered, the following schedule shall be added, namely:-addition of schedule ii "schedule ii [see section 1sb]1"orm 01' sl1kmoks in a case where recovery of possession 01' usmential or schedt1led bljiu)ing is pm ted for on the ground specified in section 13a of the east punjab urban rfnt restbiction act, 1949 as in forcb in the union territory of cwndigarh 10 to [name, description and place of residence of the ~nant] whereas o8hri has file:! an application (8 copy of which isannexed) ·for your eviction from (here insert the pardculai'r of the residential or scheduled building) on the ground specifled in section 13a of the east punjab urban rent restriction acto 1949, as in force in the union territory of chandigarh; you are hereby summoned to appear before the controller within ftfteen days of the service hereof and to obtain the leave of the cojttroller to contest the application for eviction on the ground aforesaid; in default whereof, the applicant will be entitled at any time after the expiry o£ the said period of fifteen days to obtain an order' f(no your eviction from the said residential or scheduled building lea,- to appear and contest the application may be obtained on an application to the controller supported by an affidavit as is referred to on sub-~ection (5) of section 18b of the said act gived under my hand and seal this day o~ 19 controller 8 (1) 'ihe east punjab urban rent restriction (chandigarh amend-repeal 1 of 1m 30 ment) ordinance, 1976 is hereby repealed and saving (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act as amended by this act statement of objects and reasonsin accordance with a recent decision of the central government, persons' owning houses in chandigarh were required to vacate, by the 20th january, 19'17, government- accommodation allotted to them, failing which they were required to pay rent at an enhanced rate in order to avoid hardship to such persons, it was considered necessary to amend the east punjab urban rent restriction act, 1949, as in force in the union territory of chandigarh, to give such persons the right to recover possesion o~ their own houses immediately through a special procedure 2 under the aforesaid act, residential buildings ·used by lawyers, architects, dentists, engineers, veterinary surgeons or medical practitioners for residential-cum-business purposes are categorised as "scheduled buildings" the tenants of such buildings are protected from ·evlction even if the landlord requires it for boncl fide personal use thii anomalous position was creatin~ hardship to landlords it was, therefore, considered necessary to amend the act so that the landlord of a seheduled building becomes entitled to recover such building for bom ~ pehsonaj use since parliament was not in session and was a180 not ukely to eome into -on before 20th january, 1977, the af~d amendinents 'were made by an ordinance promulgated by' the pres1dent on 17th december, 1976 3 this :elm seeks to replace the ordinance new di:lhi; charan singh the 31st mclrch, 1977 annexureex'l'bact from the east punjab urban rent restriction act, 1949 (east punjab a£t no iii of 1949) - - - - 2 in this act, unless there is anything repugnant in the subject or deft context,-- nitjona - - - - (h) "scheduled building" means a residential buildlng which :is being used by a person engaged in one or more of the professions specified in the schedule to this act, partly for hja business and partly for his residence; - - - - a billfll:rthef> to amend the east punjab urban rent restriction act, 1949, cii in force in the union territory 0/ chamligarh (shri charan singh, minister of h011ie affair,)

Parliament_bills

a88aec20-d6dd-57d7-a923-1916113bb544

bill no 113 rf 1861 tiie manwvr ~p~o~rla tiqn bill, 1969 ' a billto 4uthorille payment and appropriation of certain further iums from and out of the consolidated fund of the union territory of manipur jar the lervices of the financial year 1969-70 be it enacted by parliament in the twentieth year of the republic at india as follows:-1 this act may be called the manipur appropriation act, 1969 z from and out of the consoliuated fund of the union territory of 5 manipur there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of ninety lakhs, ninety-six thousand and eight-hundred rupees towards defraying the several charges which will come in course of payment during the financial year 1969-70, in respect of the services speci-10 fled in column 2 of the schedule, short title issue ;if ri 90·96,800 from and out of the collsolidated fund of the union territory of mal1ipur for the financial year 1969-70 appropriaion 3 the sums authorised to be paid and applied from and out of the consolidated fund of the union territory of manipur by this act shall be appropriated for the services ~nd 'purposes expres$ed in the schedule in relation to the said year abill to authorise payment and appropriation of certain funher rums from and out of the consolidated fund of the uni00 territory of manipur for the services of tftefittancial year 1969-70 " (shri prakashchand b sethi, minister oj state in the ministry of finance)

Parliament_bills

a4588d87-58fb-5a2c-b0e9-7fad24c9e489

bill no 90 of 2011 the constitution (amendment) bill, 2011by shri satpal maharaj, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 201152 in part iii of the constitution, after article 24, the following sub-heading and article shall be inserted, namely:—insertion of new article 24a"right to time-bound delivery of service24a (1) all persons shall have the right to time-bound delivery of citizen related servicesright to timebound delivery of citizen related services10 (2) the state shall, within six months of the coming into force of the constitution(amendment) act, 2011, by law, ensure the implementation of the right to time-bound delivery of citizen related services(3) in making any law providing for effective implementation of the right to timebound delivery of citizen related services, the state shall ensure that—5(a) every organization providing citizen related services compulsorily draws citizen's charter giving such information as details of business transacted by the organization, statement of services inlcuding standards, quality and timeframe, the procedure regarding availing the services, the details of grievance redressal mechanism, the procedure for accessing the mechanism and the compensation in the event of failure of delivery of service;(b) every person who is responsible for providing delivery of service is held liable in the event of failure to deliver service within the stipulated timeframe;10(c) as far as possible, the delivery of services, is also provided in a stipulated time period through e-governance; and(d) the law applies to all organizations, whether governmental or nongovernmental providing services on behalf of state, which provide citizen related services" statement of objects and reasonsas india attained independence in 1947, the citizens were quite optimistic that the social evils afflicting the great ancient indian culture would fade away and that independence would usher in a new era of "ram rajya"—the dream of mahatma gandhi, the father of the nation many social evils like female infanticide, dowry, sati, etc are being checked by enacting laws, however, unfortunately, the evil of corruption has assumed gigantic proportions in the absence of any effective law to contain itpeople have to offer bribes to get their works done like works relating to land records, issue of birth and death certificates, registration of properties, issue of driving licences, registration of vehicles, sanction of loans, issue of scheduled castes/scheduled tribes certificates, grant of scholarships to scheduled castes/scheduled tribes, issue of passports, electricity and water connections, settlement of issues relating to income tax and other taxes, issue of ration cards and host of other works even foreigners and non-resident indians visiting india have to face the ignominy of paying bribes for their genuine works such instances of corruption damage the image of our country internationally it is also wellknown that the people are made to come again and again for getting their work done on one pretext or otherthe country-wide support that the social activist shri anna hazare garnered recently in his efforts to ensure enactment of a strong and effective jan lokpal bill must be seen as an outburst of the anger of masses against the wide-spread corruption prevailing at each and every level of administration the situation needs to be controlled through political and administrative efforts unless it becomes explosivetherefore, it is high time that the right to time-bound delivery of citizen related services be made a fundamental right at the same time, it is also necessary to make it obligatory on the central government and the state governments to enact appropriate laws for effective implementation of this righthence this billnew delhi;satpal maharajseptember 1, 2011 lok sabha————— a billfurther to amend the constitution of india—————(shri satpal maharaj, mp)gmgipmrnd—2435ls(s3)—18-11-2011

Parliament_bills

81d9004a-3410-5017-a57d-51c8b6b9954d

bill no 247 of 2016 the prevention of bribery in private sector bill, 2016 byshrimati rama devi, mp a billto establish bribery as a criminal offence and to promote effective practices to prevent bribery in private sector and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the prevention of bribery in private sector act, 2016(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "bribe" includes facilitation payments, directly or through third parties, gift, hospitality and expenses which may or perceive to affect the outcome of business transactions, which are not reasonable and bonafide; explanation—the term 'bribe' shall become extortion when the demand of bribe is accompanied by threats that endanger the personal integrity or the life of the person involved, or forced payment of bribe to protect legitimate right or the speed money, for expediting approvals and for providing or not withholding services;(b) "commercial entity" means—5(i) a body incorporated under the laws of india which carries on business in india or outside india; or(ii) any other body corporate, wherever incorporated, which carries on business, or part of a business, in india; or10(iii) a partnership formed under the law in india which carries on businessin india or outside india; or(iv) any other partnership, wherever formed, which carries on business, or part of a business, in india: explanation—the term 'business' includes any trade, profession, commerce or manufacture;15(c) 'confiscation' means the permanent deprivation of property by order of a court or other competent authority and also includes forfeiture;20(d) 'foreign public official' means any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected as permanent or temporary, paid or unpaid or any person performing a public function or a public service for a foreign country;2521 of 1860 2 of 1882(e) 'non-governmental organisation' means a body incorporated under the laws in india or any other body corporate, wherever incorporated which carries on its charitable or religious activities in india, any society registered under the societies registration act, 1860; a trust registered under the indian trusts act, 1882 or association of persons which carries on its charitable or religious activities in india and includes community based organisations;explanation—the term 'charitable or religious activities' means activities as defined in sub-section (15) of section 2 of the income tax act, 1961:43 of 1961(f) 'person' includes—30(i) an individual; (ii) a company; (iii) a firm; (iv) a society; (v) a trust;35(vi) a hindu undivided family (huf); (vii) an association of persons or a body of individuals, whether incorporated or not;(viii) limited liability partnership;40(ix) every artificial juridical person not falling within any of the preceding sub-clauses; and(x) any agency, office or branch owned or controlled by such person;(g) 'prescribed' means prescribed by rules made under this act; (h) 'proceeds of crime' means any property derived or obtained, directly or indirectly through the commission of offence under this act; and(i) 'property' means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assetsbribery in the private sector53 (1) a person shall be guilty of committing an offence of giving bribe, when committedintentionally in the course of economic, financial or commercial activities when it is established that there is a promise, offering or giving, directly or indirectly, of an undue advantage to any person who directs or works, in any capacity, for a commercial entity, for the person himself or for another person, in order that he in breach of his duties, acts or refrains from acting in certain matters10(2) a person shall be guilty of committing an offence of receiving bribe, when committedintentionally in the course of economic, financial or commercial activities when it is established that there is solicitation or acceptance, directly or indirectly, of an undue advantage by any person who directs or works, in any capacity, for a commercial entity, for the person himself or for another person, in order that he in breach of his duties, acts or refrains from acting in certain matters15offence ofbribery offoreign public officials204 a person shall be guilty of committing an offence of bribery to a foreign publicofficials, when committed intentionally in the conduct of international business, when it is established that there is an offer, promise or giving any undue pecuniary or other advantage, whether directly or through an intermediary, to a foreign public official, for that official or for a third party, in order that the official acts or refrains from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantageexplanation—for the purpose of this section, offence of bribery of foreign public officials includes complicity, incitement, aiding, abetting and authorization of an act of bribery of a foreign public official or an attempt and conspiracy to bribe a foreign public official255 (1) any person, who in any capacity abets or aids or instigates another person tocommit an offence under sections 3 or 4 shall be deemed to be guilty of offence under that section(2) any person, who attempts to commit an offence under sections 3 or 4 shall bedeemed to be guilty of an offence under that sectionabet, aid or instigate another person to commit an offence of bribery306 a commercial entity shall be guilty of committing an offence under this section if aperson associated with it, bribes another person intending—offence ofbribing byc o m m e r c i a l entity(i) to obtain or retain business for the commercial entity, or (ii) to obtain or retain an advantage in the conduct of business for the commercialentity:35provided that the commercial entity may in defence prove that it has in place adequateprocedures, as may be prescribed, designed to prevent persons associated with it from undertaking such conduct| 7 | a non-governmental organisation shall be guilty of committing an offence under ||----------------------------------------------------------------------------------------|----------------------------------------------------------------------------------|| this section if a person associated with it, bribes another person intending— | || (i) | to obtain or retain assets, grants for the non-governmental organization; or || 40 | || offence of | || bribery by | || non- | || governmental | || organisation | || (ii) | to obtain or retain an advantage in the conduct of its charitable activities: || provided that the commercial entity may in defence prove that it has in place adequate | || procedures, as may be prescribed, designed to prevent persons associated with it from | || undertaking such conduct | || 45 | || offence | of || bribery | by || company | |8 (1) where a company contravenes any provision of this act, every person who, atthe time when contravention was committed, was in charge of or 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 offence and be punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contrvention took place without his knowledge or that he exercised due diligence to prevent such contravention5(2) notwithstanding anything contained in sub-section (1), where any contravention 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 committing contravention and shall be liable to be proceeded against and punished accordingly10explanation—for the purposes of this section,—(i) 'company' means anybody corporate and includes a firm, society, trust, limited liability partnership or other association of persons; and(ii) 'director' in relation to a firm means a partner of the firm and in relation to a trust means trustee of the trustpenalties159 (1) an individual guilty of an offence under sections 3 or 4 shall be liable on the firstoffence, for imprisonment for a term not exceeding five years or to a fine not exceeding rupees three lakh or both and for second or subsequent contravention, for imprisonment for a term not exceeding ten years or to a fine not less than rupees five lakh or both20(2) any other person guilty of an offence under sections 3 or 4 shall be liable on thefirst offence, to a fine not exceeding rupees two lakh and for second or subsequent contravention, to a fine not less than rupees three lakh(3) a person guilty of an offence under section 5 is liable on conviction to a fine notmore than rupees one lakh25confiscation of proceeds of crime10 (1) on conviction of a person the proceeds of crime derived from or involved inoffences under sections 3 or 4, or the property the value of which corresponds to that of such proceeds shall be confiscated(2) if proceeds of crime have been transformed or converted, by the person in part or in full, into other property, such property shall be liable to be confiscated30(3) if proceeds of crime have been intermingled by the person with property acquiredfrom legitimate sources, such property shall be liable to be confiscated up to the assessed value of the intermingled proceeds(4) income or other benefits derived by any person from such proceeds of crime, from property into which such proceeds of crime have been transformed or converted or from property with which such proceeds of crime have been intermingled shall also be liable to confiscated in the same manner and to the same extent as proceeds of crime35(5) for the purpose of this section, notwithstanding any rights or privilege provided through any other act or by an agreement between the parties, the adjudicating authority shall have authority to order any bank, financial institution, financial intermediary or commercial entity to provide information, seize or produce records, freeze accounts and remit the proceeds of crime to the designated account40(6) the proceeds of crime confiscated under this act shall vest in the central governmentpower to appoint special judges11 (1) the central government shall, by notification in the official gazette, appointsuch number of special judges as may be necessary to try the offences punishable under this act45(2) a person shall not be qualified for appointment as a special judge under this act unless he is or has been a sessions judge or an additional sessions judge under the code of criminal procedures, 19732 of 1974(3) a special judge shall follow the procedure prescribed by the code of criminal procedure, 1973 for the trial(4) a special judge, while trying an offence punishable under this act shall exercise all the powers and functions exercisable by a district judge5appeal and revision2 of 197412 subject to the provisions of this act, the high court may exercise, so far asapplicable, all the powers of appeal and revision conferred by the code of criminal procedure, 1973 on a high court as if the court of special judge was a court of session trying cases within the local limits of the high court10protection of witnesses and reporting persons13 (1) the central government shall take appropriate steps to provide effectiveprotection from potential retaliation or intimidation to witnesses, reporting persons and experts who give testimony concerning offences established under the act and to their relatives(2) the central government shall establish procedures for the physical protection of such witnesses and reporting persons and for non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons15(3) the provisions of the sub-sections (1) and (2) shall also apply to victims in so far as they are witnesses(4) in cases of extortion bribe, if the bribe giver files a complaint, he shall be protected under this clause as a whistleblower:provided that this protection shall not be made available in case of speed money20| 14 ||--------------------------------------------------------------------------|| designed to prevent persons associated with it from undertaking bribery || prevention of || bribery by || commercial || entity |(2) the procedures shall provide for commercial entities to establish and ensure the effectiveness of internal controls, ethics and compliance measures for preventing and detecting bribery and shall inter alia, include,—25| (i) | a clearly articulated and visible policy prohibiting bribery; ||--------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------|| (ii) | instructions for strict compliance with the policy at all levels of the entity; || (iii) | appropriate disciplinary procedures to address violation of the procedures || at all levels of the entity; | || (iv) | setting up of independent monitoring body; || 30 | || (v) | oversight of ethics and compliance measures and reporting to the || independent monitoring body; | || 35 | || (vi) | ensuring applicability of the policy and procedures to third parties such as || agents, intermediaries, consultants, representatives, distributors, partners, contractors, | || advisors, suppliers, associates, subsidiaries and joint venture partners and seeking | || commitment from such third parties to adhere to policy prohibiting bribery; | || (vii) | measures for periodic communication and training at all levels of the entity || of laws against bribery and entity's policy against bribery; and | || (viii) | putting in place an appropriate whistleblower mechanism including rewards || for reporting and protection of the whistleblowers | |4015 (1) the banks, financial institutions and other financial intermediaries shall take reasonable steps to determine the identity of beneficial owners of funds deposited into the accounts of such customers in such manner as may be prescribedprevention and detection of proceeds of crime45(2) the banks, financial institutions and other financial intermediaries shall maintain record of beneficial owners under sub-section (1) and shall provide such information as and when required by the adjudication authorities16 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force in relation to any of the matters provided under this actprovision of the act not in derogation of any other law for the time being in force power to make rules17 (1) the central government shall, by notification in the official gazette, make rules to carry out the provisions of this act510(2) every rule make 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 both the 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 statement of objects and reasonsthe problem of bribery has assumed alarming proportions it is estimated that a significant proportion of our gross domestic product is lost on account of this widespread corruption in offices of public and private sector therefore, bribery not only hurts the psyche of the people but it also hurts the economic growth moreover, the problem is more hurting to the poor as they are the most vulnerable section of the societybribery by the government officials is only one part of the issue bribery is also rampant in private sector there is dearth of laws to address the issue of bribery in private sector the bill seeks to provide a legislative framework to resolve the issue the bill also seeks to provide for a witness protection programme to be implemented by the governmenthence this billnew delhi;rama devijuly 8, 2016 financial memorandumclause 11 of the bill provides that central government shall appoint special judges to try the offences under this act the bill, therefore if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one hundred crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees forty crore is also likely to be involved memorandum regarding delegated legislationclause 17 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislation power is of a normal character———— a billto establish bribery as a criminal offence and to promote effective practices to prevent bribery in private sector and for matters connected therewith or incidental thereto————(shrimati rama devi, mp)gmgipmrnd—2563ls(s3)—20102016

Parliament_bills

4a7f4d62-00e7-522a-b58c-f8669f7f3872

the tribunals reforms bill, 2021——————arrangement of clauses—————— chapter i preliminary clauses 1 short title and commencement 2 definitions chapter ii conditions of service of chairperson and members of tribunal3 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 allowanceschapter iii amendment to the industrial disputes act, 19478 amendment of act 14 of 1947chapter iv amendments to the cinematograph act, 19529 amendment of act 37 of 1952chapter v amendments to the copyright act, 195710 amendment of act 14 of 1957chapter vi amendment to the income tax act, 196111 amendment of act 43 of 1961chapter vii amendments to the customs act, 196212 amendment of act 52 of 1962chapter viii amendments to the patents act, 197013 amendment of act 39 of 1970 chapter ixamendment to the smugglers and foreign exchange manipulators(forfeiture of property) act, 1976 clauses14 amendment of act 13 of 1976chapter x amendment to the administrative tribunals act, 198515 amendment of act 13 of 1985chapter xi amendment to the railway claims tribunal act, 198716 amendment of act 54 of 1987chapter xiiamendment to the securities and exchange board of india act, 199217 amendment of act 15 of 1992chapter xiii amendment to the recovery of debts due to banks and financial institutions act, 199318 amendment of act 51 of 1993chapter xiv amendments to the airports authority of india act, 199419 amendment of act 55 of 1994chapter xvamendment to the telecom regulatory authority of india act, 199720 amendment of act 24 of 1997chapter xvi amendments to the trade marks act, 199921 amendment of act 47 of 1999chapter xvii amendments to the geographical indications of goods (registration and protection) act, 199922 amendment of act 48 of 1999chapter xviiiamendments to the protection of plant varieties and farmers' rights act, 200123 amendment of act 53 of 2001 chapter xixamendments to the control of national highways (land and traffic)act, 2002 clauses24 amendment of act 13 of 2003chapter xx amendment to the electricity act, 200325 amendment of act 36 of 2003chapter xxi amendment to the armed force tribunal act, 200726 amendment of act 55 of 2007chapter xxii amendment to the national green tribunal act, 201027 amendment of act 19 of 2010chapter xxiii amendment to the companies act, 201328 amendment of act 18 of 2013chapter xxiv amendment to the finance act, 201729 amendment of act 7 of 2017chapter xxv amendment to the consumer protection act, 201930 amendment of act 35 of 2019chapter xxvi miscellaneous31 power to amend the schedule 32 rules to be laid before parliament 33 transitional provisions 34 power to remove difficulties 35 repeal and savingthe first schedule the second schedulebill no 116 of 2021 the tribunals reforms bill, 2021 a billfurther 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 actsbe it enacted by parliament in the seventy-second year of the republic of india as follows: — chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—(a) "chairperson" includes chairperson, chairman, president and presiding officer of a tribunal;5(b) "member" includes vice-chairman, vice-chairperson, vice-president, account member, 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;10(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 tribunal15qualifications, appointment, etc, of chairperson and members of tribunal3 (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, salaries 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:20provided that a person 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-selection committee constituted under sub-section (3), in such manner as the central government may, by rules, provide25(3) the search-cum-selection committee, except for the state administrative tribunal, shall consist of—(a) a chairperson, who shall be the chief 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;30(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; or35(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:40provided 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 and national industrial tribunal constituted by the central government under the industrial disputes act, 1947;14 of 1947(ii) debt recovery tribunal and debt recovery appellate tribunal established under the recovery of debts due to banks and financial institutions act, 1993;51 of 199345(iii) where the chairperson or the outgoing chairperson, 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 the 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:5provided 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;10(c) the chairman of the public service commission of the concernedstate—member;(d) one member, who—(i) in case of appointment of a chairman of the tribunal, shall be theoutgoing chairman of the tribunal; or15(ii) in case of appointment of a member of the tribunal, shall be thesitting 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:20provided that such member shall always be a retired judge of ahigh 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;25(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 vote30(6) the search-cum-selection committee shall determine its procedure for making its recommendations35(7) notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, the 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 committee404 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—removal of chairperson or member of tribunal(a) has been adjudged as an insolvent; or (b) has been convicted of an offence which involves moral turpitude; or45(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:—5provided that where the chairperson or member is proposed to be removed on anyground specified in clauses (c) to (e), he shall be informed of the charges against himand given an opportunity of being heard in respect of those charges5 notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, —10term of office of chairperson and member of tribunal(i) the chairperson of a tribunal shall hold office for a term of four years or till heattains 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 heattains the age of sixty-seven years, whichever is earlier:15provided 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 government 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 years20eligibility for re-appointment6 (1) the chairperson and member of a tribunal shall be eligible for re-appointment inaccordance 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 reappointments shall be made in the same manner as provided in sub-section (2)of section 325salary and allowances307 (1) notwithstanding anything contained in any judgment, order or decree of anycourt, 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 tribunal 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 rules35(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, 19474014 of 19477 of 2017amendment of act 14 of 19478 in section 7d of the industrial disputes act, 1947, for the words and figures "part xiv of chapter vi of the finance act, 2017, be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal reforms act, 2021, be governed by the provisions of chapter ii of the said act" shall be substituted; chapter iv amendments to the cinematograph act, 19529 in the cinematograph act, 1952,— (a) in section 2, clause (h) shall be omitted;amendment of act 37 of 1952(b) in section 5c,—5(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;10(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;15(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, 19572010 in the copyright act, 1957,—(a) in section 2,—amendment of act 14 of 1957(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:—254 of 2016'(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;'; (iii) for clause (u), the following clause shall be substituted, namely:—'(u) "prescribed" means,—30(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,—35(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;40(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;5(g) in section 53a,—(i) for the words "appellate board", wherever they occur, the words"commercial court" shall be substituted;10(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 "appellate board", the words "commercial court"shall be substituted;(i) for section 72, the following section shall be substituted, namely:—15 "72 (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 courtappeals against orders of registrar of copyrights(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 appeal at any stage of the proceeding to a bench of the high court20(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 calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded";25(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),—30(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, 1961amendment of act 43 of 196111 in section 252a of the income tax act, 1961, for the words and figures "part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal 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, 19624012 in the customs act, 1962,—amendment of act 52 of 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;5(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,—10(i) in the marginal heading, the words "and appellate authority" shall be omitted;(ii) sub-section (2) shall be omitted7 of 2017 52 of 196215(g) in section 129 of the customs act, 1962, in sub-section (7), for the words and figures "part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal 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, 197013 in the patents act, 1970,—20(a) in section 2, in sub-section (1),—amendment of act 39 of 1970(i) clause (a) shall be omitted; (ii) in clause (u), sub-clause (b) shall be omitted;25(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;30(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;35(h) in section 113,—(i) in sub-section (1),—(a) the words "the appellate board or", wherever they occur, shall be omitted;(b) the words "as the case may be" shall be omitted;40(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;5(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;10(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;15(p) in section 159, in sub-section (2), clauses (xiia), (xiib) and (xiic) shall be omitted chapter ix amendment to the smugglers and foreign exchange manipulators (forfeiture of property) act, 197620amendment of act 13 of 197613 of 19767 of 201714 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, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal reforms act, 2021, shall be governed by the provisions of chapter ii of the said act" shall be substituted25 chapter x amendment to the administrative tribunals act, 198513 of 1985 7 of 2017amendment of act 13 of 19853015 in section 10b of the administrative tribunals act, 1985, for the words and figures"part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal 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 tribunal act, 198754 of 19877 of 2017amendment of act 54 of 19873516 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, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal 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, 199215 of 1992 7 of 201740amendment of act 15 of 199217 in section 15qa of the securities and exchange board of india act, 1992, for thewords and figures "part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal 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 due to banks and financial institutions act, 1993| 18 | in recovery of debts due to banks and financial institutions act, 1993, - ||-----------------------------------------------------------------------------------------|------------------------------------------------------------------------------|| amendment | || of act 51 of | || 1993 | || 5 | || 7 of 2017 | || ( | a || finance act, 2017, shall be governed by the provisions of the section 184 of that act", | || the words, brackets and figures "the tribunal reforms act, 2021, shall be governed by | || the provisions of chapter ii of the said act" shall be substituted; | || 7 of 2017 | || 10 | || ( | b || finance act, 2017, shall be governed by the provisions of the section 184 of that act", | || the words, brackets and figures "the tribunal 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, 199419 in the airports authority of india act, 1994,—15amendment of act 55 of 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 28i, 28j and 28ja shall be omitted; (d) in section 28k,—(i) in sub-section (1),20(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;25(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 section 28n, in sub-section (2), for the word "tribunal", the words "high court" shall be substituted;30(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, 19973524 of 1997 7 of 2017amendment of act 24 of 199720 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, shall be governed by the provisions of section 184 of that act", the words, brackets and figures "the tribunal 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, 199921 in the trade marks act, 1999,—(a) in section 2, in sub-section (1), —amendment of act 47 of 1999(i) clauses (a), (d), (f), (k), (n), (ze) and (zf) shall be omitted;5(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; and10(ii) in other cases, prescribed by rules made under this act;';(b) in section 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;15(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;20(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, —25(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;30(i) in chapter xi, for the chapter heading, the chapter heading "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;35(l) sections 92 and 93 shall be omitted;(m) for section 94, the following section shall be substituted, namely:—"94 on ceasing to hold the office, the erstwhile chairperson, vice-chairperson or other members shall not appear before the registrar";40(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, —5 (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; (s) in section 123, the words "and every member of the appellate board" shall be omitted;10(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;15(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;20(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, 199922 in the geographical indications of goods (registration and protection) act, 1999,-25(a) in section 2, in sub-section (1), clauses (a) and (p) shall be omitted;amendment of act 48 of 1999(b) in section 19, for the word "tribunal", the words "registrar or the high court, as the case may be," shall be substituted;(c) in section 23, for the words "and before the appellate board before which", the words "before whom" shall be substituted;30(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;35(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;40(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 board", wherever they occur, the words "high court" shall be substituted;(i) section 36 shall be omitted; (j) in section 48,—5(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;10(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;15(o) in section 87, in sub-section (2), clause (n) shall be omitted chapter xviii amendments to the protection of plant varieties and farmers' rights act, 200123 in the protection of plant varieties and farmers' rights act, 2001,—20(a) in section 2, —amendment of act 53 of 2001(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 proceedings before a high court, prescribed by rules made by the high court; and25(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;30(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,—35(i) for the word "tribunal", wherever it occurs, the words "high court"shall be substituted;(ii) sub-section (3) shall be omitted;40(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;45(h) in section 89, the words "or the tribunal" shall be omitted chapter xix amendments to the control of national highways (land and traffic) act, 200224 in the control of national highways (land and traffic) act, 2002,—(a) in section 2,—5amendment of act 13 of 2003(i) clause (a) shall be omitted; (ii) after clause (d), the following clause shall be inserted, namely:—10'(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 jurisdiction;'; (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:—15appeal"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";20(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;25(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 words "or tribunal" shall be omitted;30(k) in section 50, in sub-section (2), clause (f) shall be omitted chapter xx amendment to the electricity act, 20037 of 201735amendment of act 36 of 200325 in section 117a of the electricity act, 2003, for the words and figures "part xivof chapter vi of the finance act, 2017, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal reforms act, 2021, 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, 2007407 of 201726 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, shall be governed by the provisions of theamendment of act 55 of 2007section 184 of that act", the words, brackets and figures "the tribunal 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| 5 ||---------------|| 7 of 2017 || amendment || of act, 19 of || 2010 |27 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, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal reforms act, 2021, shall be governed by the provisions of chapter ii of the said act" shall be substituted chapter xxiii amendment to the companies act, 20131018 of 2013 7 of 2017amendment of act, 18 of 201328 in section 417a of the companies act, 2013, for the words and figures "part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of the section 184 of that act", the words, brackets and figures "the tribunal reforms act, 2021, shall be governed by the provisions of chapter ii of the said act" shall be substituted chapter xxiv15 amendment to the finance act, 201729 in the finance act, 2017, sections 183 and 184 and the eighth schedule shall be omittedamendment of act, 7 of 2017 chapter xxv amendment to the consumer protection act, 20192035 of 201930 in section 55 of the consumer protection act, 2019, after sub-section (1), the following sub-section shall be inserted, namely:—amendment of act, 35 of 201925"(1a) notwithstanding anything contained in sub-section (1), the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the president and other members of the national commission appointed after the commencement of the tribunal reforms act, 2021, shall be governed by the provisions of the said act" chapter xxvi miscellaneous30power to amend the schedule31(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 ||--------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------|| house of parliament as soon as may be after it is issued | || 35 | || rules to be | || laid before | || parliament | || 40 | || 32 | every rule made under this part shall be laid, as soon as may be after it is made, || before each house of parliament, while it is in session, for a total period of thirty days which | || may be comprised in one session or in two or more successive sessions, and if, before the | || expiry of the session immediately following the session or the successive sessions aforesaid, | || both houses agree in making any modification in the rule or both houses agree that the rule | || should not be made, the rule shall thereafter have effect only in such modified form or be of | || no effect, as the case may be; so, however, that any such modification or annulment shall be | || without prejudice to the validity of anything previously done under that rule | |transitional provisions533 (1) notwithstanding anything contained in any law for the time being in force, anyperson 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, appellatetribunal, 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 compensation not exceeding three months' pay and allowances for the premature termination of term of his office or of any contract of service10(2) the officers and other employees of the tribunals, appellate tribunals and otherauthorities specified in the schedule appointed on deputation, before the notified date, shall, on and from the notified date, stand reverted to their parent cadre, ministry or department1543 of 1961(3) any appeal, application or proceeding pending before the tribunal, appellatetribunal or other authorities specified in the schedule, other than those pending before the authority for advance rulings under the income-tax act, 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 fit20(4) the balance of all monies received by, or advanced to, the tribunal, appellatetribunal or other authorities specified in the 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, appellatetribunal or other authorities specified in the schedule before the notified date, shall stand transferred to, on and from the notified date, and shall vest in the central government25power to remove difficulties34 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment 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 removing the difficulty:30provided that no such order shall be made after the expiry of a period of three yearsfrom the notified date(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliamentrepeal and saving35ord 2 of 202135 (1) the tribunals reforms (rationalisation and conditions of service) ordinance,2021 is hereby repealed40 (2) notwithstanding such repeal, anything done or any action taken under the cinematograph act, 1952, the copyright act, 1957, the customs act, 1962, the patents act,1970, the airports authority of india act, 1994, the trade marks act, 1999, the geographical indications of goods (registration and protection) act, 1999, the protection of plant varieties and farmers' rights act, 2001, and the control of national highways (land and traffic) act, 2002, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of those acts, as amended by this act37 of 1952 14 of 1957 52 of 1962 39 of 1970 55 of 1994 47 of 1999 48 of 1999 53 of 2001 13 of 2003 the first schedule| [ | see | section 2( ||----------------------------------------------------------------------------------|-------------------------------------------|--------------------------------------------|| sl | tribunal/appellate tribunal/board/ | acts || no | authority | || (1) | (2) | (3) || 1 | industrial tribunal constituted by the | the industrial disputes act, 1947 || central government | (14 of 1947) | || 2 | income-tax appellate tribunal | the income -tax act, 1961 (43 of 1961) || 3 | customs, excise and service tax | the customs act, 1962 (52 of 1962) || appellate tribunal | | || 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 tribunal 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 due to banks and || financial institutions act, 1993 (51 of 1993) | | || 10 debts recovery appellate tribunal | the recovery of debts due to banks and | || financial institutions act, 1993 (51 of 1993) | | || 11 telecom disputes settlement and | the telecom regulatory authority of india | || appellate tribunal | act, 1997 (24 of 1997) | || 12 national company law appellate tribunal the companies act, 2013 (18 of 2013) | | || 13 national consumer disputes | the consumer protection act, 2019 | || redressal commission | (35 of 2019) | || 14 appellate tribunal for electricity | the electricity act, 2003 (36 of 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) | | | the second schedule (see section 33)1appellate tribunal under cinematograph act, 1952 (37 of 1952)2authority for advance rulings under income-tax act, 1961 (43 of 1961)3airport appellate tribunal under airports authority of india act, 1994(55 of 1994)4intellectual property appellate board under trade marks act, 1999 (47 of 1999)5plant varieties protection appellate tribunal under protection of plant varietiesand farmers' rights act, 2001 (53 of 2001) statement of objects and reasons the government of india began the process of rationalisation of tribunals in 2015 by the finance act, 2017, seven tribunals were abolished or merged based on functional similarity and their total number was reduced from 26 to 19 the rationale followed in the first phase was to close down tribunals which were not necessary and merge tribunals with similar functions2 in the second phase, analysis of data of the last three years has shown that tribunals in several sectors have not necessarily led to faster justice delivery and they are also at a considerable expense to the exchequer the hon'ble supreme court has deprecated the practice of tribunalisation of justice and filing of appeals directly from tribunals to the supreme court in many of its judgements, including sp sampath kumar versus union of india (1987) 1 scc 124, l chandra kumar versus union of india (1997) 3 scc 261, roger mathew versus south indian bank limited (2020) 6 scc 1 and madras bar association versus union of india and another (2020) scc online sc 962 therefore, further streamlining of tribunals was considered necessary as it would save considerable expense to the exchequer and at the same time, lead to speedy delivery of justice3 accordingly, the tribunals reforms (rationalisation and conditions of service) bill,2021 was introduced in lok sabha on the 13th february, 2021 proposing to abolish certain more tribunals and authorities and to provide for a mechanism to file appeal directly to the commercial court or the high court, as the case may be however, as the bill could not be passed in the budget session of parliament and there was an immediate need for legislation, the president promulgated the tribunals reforms (rationalisation and conditions of service) ordinance, 2021 on 4th april, 2021 under clause (1) of article 123 of the constitution4 the tribunals reforms (rationalisation and conditions of service) bill, 2021 which seeks to replace the tribunals reforms (rationalisation and conditions of service) ordinance, 2021 (ord 2 of 2021), inter alia provides for—(i) uniform terms and conditions of service for chairperson and members of various tribunals, including the following, namely:—(a) search-cum-selection committee for tribunals other than stateadministrative tribunals to be headed by the chief justice of india or a judge nominated by him;(b) search-cum-selection committee for the state administrative tribunal to be headed by the chief justice of the high court of the concerned state;(c) recommendation of a panel of two names by the search-cum-selection committee and such recommendation to be considered by the government preferably within three months;(d) removal of chairperson and members on the recommendation of search-cum-selection committee;(e) the chairperson and member of a tribunal to hold office for a term of four years;(f) age of retirement to be seventy years for chairperson and sixty-seven years for a member;(g) the chairperson and member of a tribunal shall be eligible for reappointment (ii) abolition of tribunals or authorities under various acts by amending the cinematograph act, 1952, the copyrights, act, 1957, the customs act, 1962, the patents act, 1970, the airport authority of india act, 1994, the trade marks act, 1999, the geographical indications of goods (registration and protection) act, 1999, the protection of plant varieties and farmers' rights act, 2001, the control of national highways (land and traffic) act, 2002;(iii) transfer of all cases pending before such tribunals or authorities to the commercial court or the high court, as the case may be, on the appointed date;(iv) omission of section 183, section 184 and the eighth schedule to the finance act, 2017;(v) chairman and members of the tribunal so abolished shall cease to hold office, and they shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service 6 the bill seeks to replace the aforesaid ordinancenirmala sitharamannew delhi;the 28th july, 2021 financial memorandum the bill seeks to provide for uniform terms and conditions of chairperson and members of various tribunals and to amend various central acts in order to abolish five tribunals, namely, film certification appellate tribunal, airports appellate tribunal, authority for advance rulings, intellectual property appellate board and the plant varieties protection appellate tribunalclause 3 of the bill empowers the central government to make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and other conditions of service of the chairperson and member of a tribunalclause 7 of the bill empowers the central government to make rules to provide for the salary of the chairperson and member of a tribunal and provides that they shall be paid allowances and benefits to the extent as are admissible to a central government officer holding the post carrying the same payclause 33 of the bill provides that 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 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 compensation not exceeding three months' pay and allowances for the premature termination of term of his office or of any contract of servicethe non-recurring expenditure for the aforesaid purpose is estimated to be approximately rupees two crores the bill does not involve any other recurring or nonrecurring expenditure memorandum regarding delegated legislationclause 3 of the bill empowers the central government to make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and other conditions of service of the chairperson and member of a tribunal it further empowers the central government to make rules to provide for the manner in which the chairperson and the member of a tribunal shall be appointed by the central government on the recommendation of a search-cum-selection committeeclause 4 of the bill empowers the central government to make rules to provide for the manner in which the chairperson or a member may be removed from office on the recommendation of the search-cum-selection committeeclause 7 of the bill empowers the central government to make rules to provide for the salary of the chairperson and member of a tribunal it further empowers the central government to make rules to provide for the limitations and conditions of reimbursement house rent in case the chairperson or member takes a house on rentthe matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extract from the industrial disputes act, 1947(14 of 1947)qualifications, terms and conditions of service of presiding officer7d notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation and removal and other terms and conditions of service of the presiding officer of the industrial tribunal appointed by the central government under sub-section (1) of section 7a, shall, after the commencement of part xivof chapter vi of the finance act, 2017, be governed by the provisions of section 184 of that act:provided that the presiding officer appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extracts from the cinematograph act, 1952(37 of 1952) definitions2 in this act, unless the context otherwise requires,— (h) "tribunal" means the appellate tribunal constituted under section 5d appeals5c (1) any person applying for a certificate in respect of a film who is aggrieved by any order of the board—(a) refusing to grant a certificate; or (b) granting only an "a" certificate; or(c) granting only a "s" certificate; or(d) granting only a "ua" certificate; or (e) directing the applicant to carry out any excisions or modifications, may, within thirty days from the date of such order, prefer an appeal to the tribunal:provided that the tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the aforesaid period of thirty days, allow such appeal to be admitted within a further period of thirty days(2) every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fees, not exceeding rupees one thousand, as may be prescribedconstitution of appellate tribunal5d (1) for the purpose of hearing appeals against any order of the board under section 5c, the central government shall, by notification in the official gazette, constitute an appellate tribunal(2) the head office of the tribunal shall be at new delhi or at such other place as the central government may, by notification in the official gazette, specify(3) such tribunal shall consist of a chairman and not more than four other members appointed by the central government(4) a person shall not be qualified for appointment as the chairman of the tribunal unless he is a retired judge of a high court, or is a person who is qualified to be a judge of a high court(5) the central government may appoint such persons who, in its opinion, are qualified to judge the effect of films on the public, to be members of the tribunal(6) the chairman of the tribunal shall receive such salary and allowances as may be determined by the central government and the members shall receive such allowances or fees as may be prescribed(7) subject to such rules as may be made in this behalf, the central government may appoint a secretary and such other employees as it may think necessary for the efficient performance of the functions of the tribunal under this act(8) the secretary to, and other employees of, the tribunal shall exercise such powers and perform such duties as may be prescribed after consultation with the chairman of the tribunal(9) the other terms and conditions of service of the chairman and members of, and the secretary to, and other employees of, the tribunal shall be such as may be prescribed(10) subject to the provisions of this act, the tribunal may regulate its own procedure (11) the tribunal may, after making such inquiry into the matter as it considers necessary, and after giving the appellant and the board an opportunity of being heard in the matter, make such order in relation to a film as it thinks fit and the board shall dispose of the matter in conformity with such order 6 (1) notwithstanding anything contained in this part, the central government 1 [may, of its own motion, at any stage,] call for the record of any proceeding in relation to any film which is pending before, or has been decided by, the board, 2 [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)] and after such inquiry, into the matter as it considers necessary, make such order in relation thereto as it thinks fit, and the board shall dispose of the matter in conformity with such order:provided that no such order shall be made prejudicially affecting any person applying for a certificate or to whom a certificate has been granted, as the case may be, except after giving him an opportunity for representing his views in the matter:provided further that nothing in this sub-section shall require the central government to disclose any fact which it considers to be against public interest to disclose(2) without prejudice to the powers conferred on it under sub-section (1), the central government may, by notification in the official gazette, direct that—(a) a film which has been granted a certificate shall be deemed to be an uncertified film in the whole or any part of india; or(b) a film which has been granted a "u" certificate 1 or a "ua" certificate or a "s"certificate shall be deemed to be a film in respect of which an "a" certificate has been granted; or(c) the exhibition of any film be suspended for such period as may be specified in the direction: provided that no direction issued under clause (c) shall remain in force for more than two months from the date of the notification(3) no action shall be taken under clause (a) or clause (b) of sub-section (2) except after giving an opportunity to the person concerned for representing his views in the matter(4) during the period in which a film remains suspended under clause (c) of subsection (2), the film shall be deemed to be an uncertified film power of seizure7a (1) where a film in respect of which no certificate has been granted under this actis exhibited, or a film certified as suitable for public exhibition restricted to adults is exhibited to any person who is not an adult or a film is exhibited in contravention of any of the other provisions contained in this act or of any order made by the central government, the tribunal or the board in the exercise of any of the powers conferred on it, any police officer may, enter any place in which he has reason to believe that the film has been or is being or is likely to be exhibited, search it and seize the film2 of 1974(2) all searches under this act shall be carried out in accordance with the provisions of the code of criminal procedure, 1973, relating to searches 7c for the purpose of exercising any of the powers conferred on it by this act, the central government, the tribunal or the board may require any film to be exhibited before it or before any person or authority specified by it in this behalfpower to direct exhibition of films for examination7d no act or proceeding of the tribunal, the board or of any advisory panel shall be deemed to be invalid by reason only of a vacancy in, or any defect in, the constitution of the tribunal, the board or panel, as the case may bevacancies, etc, not to invalidate proceeding45 of 18607e all members of the tribunal, the board and of any advisory panel shall, when acting or purporting to act in pursuance of any of the provisions of this act, be deemed to be public servants within the meaning of section 21 of the indian penal codemembers of the board and advisory panels to be public servants bar of legal proceedings7f no suit or other legal proceeding shall lie against the central government, the tribunal, the board, advisory panel or any officer or member of the central government, the tribunal, the board or advisory panel, as the case may be, in respect of anything which is in good faith done or intended to be done under this act8 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for— (h) the allowances or fees payable to the members of the tribunal; (i) the powers and duties of the secretary to, and other employees of, the tribunal; (j) the other terms and conditions of service of the chairman and members of, and the secretary to, and other employees of, the tribunal;(k) the fees payable by the appellant to the tribunal in respect of an appeal; extracts from the copyright act, 1957(14 of 1957) interpretation2 in this act, unless the context otherwise requires,— (aa) "appellate board" means the appellate board referred to in section 11; (fa) "commercial rental" does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution (u) "prescribed" means prescribed by rules made under this act; 6 if any question arises—(a) whether a work has been published or as to the date on which a work was published for the purposes of chapter v, or certain disputes to be decided by appellate board(b) whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this act, it shall be referred to the appellate board constituted under section 11 whose decision thereon shall be final:provided that if in the opinion of the appellate board, the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section chapter ii copyright office and appellate board 47 of 1999appellate board11 (1)the appellate board established under section 83 of the trade marks act, 1999shall, on and from the commencement of part xiv of chapter vi of the finance act, 2017, be the appellate board for the purposes of this act and the said appellate board shall exercise the jurisdiction, powers and authority conferred on it by or under this act12 (1) the appellate board shall, subject to any rules that may be made under this act, have power to regulate its own procedure, including the fixing of places and times of its sittings:powers and procedure of appellate boardprovided that the appellate board shall ordinarily hear any proceeding instituted before it under this act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain37 of 1956explanation—in this sub-section "zone" means a zone specified in section 15 of thestates reorganisation act, 1956(2) the appellate board may exercise and discharge its powers and functions through benches constituted by the chairman of the appellate board from amongst its members:provided that, if the chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members (5) no member of the 1 [appellate board] shall take part in any proceedings before the board in respect of any matter in which he has a personal interest(6) no act done or proceeding taken by the appellate board under this act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board2 of 1974 45 of 1860(7) the appellate board shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973 and all proceedings before the board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code disputes with respect to assignment of copyright19a (1) if an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the assignor, then, the appellate board may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment(2) if any dispute arises with respect to the assignment of any copyright, the appellate board may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable:provided that the appellate board shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author:provided also that, no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment(3) every complaint received under sub-section (2) shall be dealt with by the appellate board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the appellate board shall record the reasons thereof 23 (1) in the case of literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until sixty year from the beginning of the calendar year next following the year in which the work is first published:term of copyright in anonymous and pseudonymous worksprovided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until sixty year from the beginning of the calendar year next following the year in which the author dies(2) in sub-section (1), references to the author shall, in the case of an anonymous work of joint authorship, be construed,—(a) where the identity of one of the authors is disclosed, as references to that author;(b) where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors (3) in sub-section (1), references to the author shall, in the case of a pseudonyms work of joint authorship, be construed,—(a) where the names of one or more (but not all) of the authors are pseudonyms and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such of those authors who dies last;(b) where the names of one or more (but not all) of the authors are pseudonyms and the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and(c) where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who dies last explanation—for the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the [appellate board] by that author 31 (1) if at any time during the term of copyright in any work which has been published or performed in public, a complaint is made to the appellate board that the owner of copyright in the work—compulsory licence in works withheld from public(a) has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or(b) has refused to allow communication to the public by broadcast of such work or in the case of a sound recording the work recorded in such sound recording, on terms which the complainant considers reasonable, the appellate board, after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the registrar of copyrights to grant to the complainant a licence to republish the work, perform the work in public or communicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the appellate board may determine; and thereupon the registrar of copyrights shall grant the licence to such person or persons who, in the opinion of the appellate board, is or are qualified to do so in accordance with the directions of the 7 [appellate board], on payment of such fee as may be prescribedcompulsory licence in unpublished orpublishedworks31a (1) where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in india, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the 6 [appellate board] for a licence to publish or communicate to the public such work or a translation thereof in any language(2) before making an application under sub-section (1), the applicant shall publish his proposal in one issue of a daily newspaper in the english language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language(3) every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under sub-section (2) and such fee as may be prescribed(4) where an application is made to the appellate board under this section, it may after holding such inquiry as may be prescribed, direct the registrar of copyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the 6 [appellate board] may determine, and thereupon the registrar of copyrights shall grant the licence to the applicant in accordance with the direction of the 6 [appellate board](5) where a licence is granted under this section, the registrar of copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the 6 [appellate board] in the public account of india or in any other account specified by the6 [appellate board] so as to enable the owner of the copyright or, as the case may be, his heirs, executors or the legal representatives to claim such royalty at any time(6) without prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the central government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it(7) where any work is not published within the period specified by the central government under sub-section (6), the 6 [appellate board] may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of such royalty as the 6 [appellate board] may, in the circumstances of such case, determine in the prescribed mannercompulsory licence for benefit of disabled31b (1) any person working for the benefit of persons with disability on a profit basis or for business may apply to the appellate board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the 6 [appellate board] shall dispose of such application within a period of two months from the receipt of the application(2) the appellate board may, on receipt of an application under sub-section (1), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith(3) if the appellate board is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the registrar of copyright to grant to the applicant such a licence to publish the work(4) every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty:provided that where the 1 [appellate board] issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fitstatutory licence for cover versions31c (1) any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section:provided that such sound recordings shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use(2) the person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the 1 [appellate board] in this behalf:provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section(3) the person making such sound recordings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings:provided that such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made(4) one royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each calendar year in which copies of it are made:provided that the 1 [appellate board] may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works(5) the person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording:provided that if on a complaint brought before the 1 [appellate board] to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the 1 [appellate board] is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royaltyexplanation—for the purposes of this section "cover version" means a sound recording made in accordance with this section31d (1) any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this sectionstatutory licence for broadcasting of literary and musical works and sound recording(2) the broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the appellate board(3) the rates of royalties for radio broadcasting shall be different from television broadcasting and the 1 [appellate board] shall fix separate rates for radio broadcasting and television broadcasting(4) in fixing the manner and the rate of royalty under sub-section (2), the appellate board may require the broadcasting organisation to pay an advance to the owners of rights(5) the names of the authors of the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast(6) no fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights(7) the broadcasting organisation shall—(a) maintain such records and books of account, and render to the owners of rights such reports and accounts; and(b) allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed(8) nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the copyright (amendment) act, 201232 (1) any person may apply to the appellate board for a licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the worklicence to produce and publish translations(1a) notwithstanding anything contained in sub-section (1), any person may apply to the 1 [appellate board] for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dramatic work, other than an indian work, in any language in general use in india after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research:provided that where such translation is in a language not in general use in any developed country, such application may be made after a period of one year from such publication(2) every application under this section shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the translation of the work(3) every applicant for a licence under this section shall, along with his application, deposit with the registrar of copyrights such fee as may be prescribed(4) where an application is made to the appellate board under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in the application—(i) subject to the condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the 1 [appellate board] may, in the circumstances of each case, determine in the prescribed manner; and(ii) where such licence is granted on an application under sub-section (1a), subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside india and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in india: provided that nothing in clause (ii) shall apply to the export by government or any authority under the government of copies of such translation in a language other than english, french or spanish or to any country if—(1) such copies are sent to citizens of india residing outside india or to any association of such citizens outside india; or(2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and(3) in either case, the permission for such export has been given by the government of that country: provided further that no licence under this section shall be granted, unless—(a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him, 3 [within seven years or three years or one year, as the case may be, of the first publication of the work], or if a translation has been so published, it has been out of print;(b) the applicant has proved to the satisfaction of the appellate board that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that 4 [he was, after due diligence on his part, unable to find] the owner of the copyright;(c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air mail post to the publisher whose name appears from the work, and in the case of an application for a licence under sub-section (1), not less than two months before 6 [such application];(cc) a period of six months in the case of an application under sub-section (1a)(not being an application under the proviso thereto), or nine months in the case of an application under the proviso to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso or where a copy of the request has been sent under clause (c) of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be;(ccc) in the case of any application made under sub-section (1a)—(i) the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation;(ii) if the work is composed mainly of illustrations, the provisions of section32a are also complied with; (d) the 1 [appellate board] is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section;(e) the author has not withdrawn from circulation copies of the work; and (f) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work (5) any broadcasting authority may apply to the 1 [appellate board] for a licence to produce and publish the translation of—(a) a work referred to in sub-section (1a) and published in printed or analogous forms of reproduction; or(b) any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemination of the results of specialised, technical or scientific research to the experts in any particular field(6) the provisions of sub-sections (2) to (4) in so far as they are relatable to an application under sub-section (1a), shall, with the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence shall not also be granted unless—(a) the translation is made from a work lawfully acquired; (b) the broadcast is made through the medium of sound and visual recordings; (c) such recording has been lawfully and exclusively made for the purpose of broadcasting in india by the applicant or by other broadcasting agency; and(d) the translation and the broadcasting of such translation are not used for any commercial purposes explanation—for the purposes of this section,—(a) "developed country" means a country which is not a developing country; (b) "developing country" means a country which is for the time being regarded as such in conformity with the practice of the general assembly of the united nations;(c) "purposes of research" does not include purposes of industrial research, or purposes of research by bodies corporate (not being bodies corporate owned or controlled by government) or other association or body of persons for commercial purposes;(d) "purposes of teaching, research or scholarship" includes—(i) purposes of instructional activity at all levels in educational, institutions, including schools, colleges, universities and tutorial institutions; and(ii) purposes of all other types of organised educational activity32a (1) where, after the expiration of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work,—(a) the copies of such edition are not made available in india; or licence to reproduce and publish works for certain purposes(b) such copies have not been put on sale in india for a period of six months, to the public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in india for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the 1 [appellate board] for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities(2) every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced(3) every applicant for a licence under this section shall, along with his application, deposit with the registrar of copyrights such fee as may be prescribed(4) where an application is made to the 1 [appellate board] under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a reproduction of the work mentioned in the application subject to the conditions that,—(i) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the reproduction of the work sold to the public, calculated at such rate as the 1 [appellate board] may, in the circumstances of each case, determine in the prescribed manner;(ii) a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside india and every copy of such reproduction shall contain a notice that the copy is available for distribution only in india: provided that no such licence shall be granted unless—(a) the applicant has proved to the satisfaction of the 1 [appellate board] that he had requested and had been denied authorisation by the owner of the copyright in the work to reproduce and publish such work or that he was, after due diligence on his part, unable to find such owner;(b) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air-mail post to the publisher whose name appears from the work not less than three months before the application for the licence;(c) the 1 [appellate board] is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay the owner of the copyright the royalties payable to him under this section;(d) the applicant undertakes to reproduce and publish the work at such price as may be fixed by the appellate board, being a price reasonably related to the price normally charged in india for works of the same standard on the same or similar subjects;(e) a period of six months in the case of an application for the reproduction and publication of any work of natural science, physical science, mathematics or technology, or a period of three months in the case of an application for the reproduction and publication of any other work, has elapsed from the date of making the request under clause (a), or where a copy of the request has been sent under clause (b), from the date of sending of a copy, and a reproduction of the work has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or, three months, as the case may be;(f) the name of the author and the title of the particular edition of the work proposed to be reproduced are printed on all the copies of the reproduction;(g) the author has not withdrawn from circulation copies of the work; and (h) an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work (5) no licence to reproduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owner of the right of translation or any person authorised by him and the translation is not in a language in general use in india(6) the provisions of this section shall also apply to the reproduction and publication, or translation into a language in general use in india, of any text incorporated in audio-visual fixations prepared and published solely for the purpose of systematic instructional activitiesexplanation—for the purpose of this section, "relevant period", in relation to any work, means a period of—(a) seven years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art;(b) three years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, natural science, physical science, mathematics or technology; and(c) five years from the date of the first publication of that work, in any other case 33a (1) every copyright society shall publish its tariff scheme in such manner as may be prescribedtariff scheme by copyright societies(2) any person who is aggrieved by the tariff scheme may appeal to the 4 [appellate board] and the board may, if satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein:provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the 4 [appellate board] and shall continue to pay such fee until the appeal is decided, and the board shall not issue any order staying the collection of such fee pending disposal of the appeal:provided further that the 4 [appellate board] may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment according pending disposal of the appeal 50 the appellate board, on application of the registrar of copyrights or of any person aggrieved, shall order the rectification of the register of copyrights by—rectification of register by appellate board(a) the making of any entry wrongly omitted to be made in the register, or(b) the expunging of any entry wrongly made in, or remaining on, the register, or (c) the correction of any error or defect in the registerresale share right in original copies53a (1) in the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section:provided that such right shall cease to exist on the expiration of the term of copyright in the work(2) the share referred to in sub-section (1) shall be such as the 3 appellate board may fix and the decision of the appellate board in this behalf shall be final:provided that the appellate board may fix different shares for different classes of work: provided further that in no case shall the share exceed ten percent, of the resale price (3) if any dispute arises regarding the right conferred by this section, it shall be referred to the appellate board whose decision shall be final chapter xii civil remediesdefinition54 for the purposes of this chapter, unless the context otherwise requires, the expression "owner of copyright" shall include—(a) an exclusive licensee; (b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the appellate board by that author or his legal representatives 72 (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 1appellate boardappeals against orders of registrar of copyrights and appellate board(2) any person aggrieved by any final decision or order of the appellate board, not being a decision or order made in an appeal under sub-section (1), may, within three months from the date of such decision or order, appeal to the high court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain:provided that no such appeal shall lie against a decision of the appellate board under section 6(3) in calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded chapter xv miscellaneous74 the registrar of copyrights and the 1 [appellate board] shall have the powers of a civil court when trying a suit under the code of civil procedure, 1908 (5 of 1908), in respect of the following matters, namely, —(a) summoning and enforcing the attendance of any person and examining him on oath;registrar of copyrights and appellate board to possess certain powers of civil courts(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) requisitioning any public record or copy thereof from any court or office; (f) any other matter which may be prescribedexplanation—for the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the registrar of copyrights or the appellate board, as the case may be, shall be the limits of the territory of india75 every order made by the registrar of copyrights or the appellate board under this act for the payment of any money or by the high court in any appeal against any such order of the 1 appellate board shall, on a certificate issued by the registrar of copyrights, the appellate board or the registrar of the high court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court orders for payment of money passed by registrar of copyrights and 1 [appellate board] to be executable as a decree77 every officer appointed under this act and every member of the 1 [appellate board] shall be deemed to be a public servant within the meaning of section 21 of the indian penal code (45 of 1860)certain persons to be public servants78 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, the central government may make rules to provide for all or any of the following matters, namely:— (ca) the form and manner in which an organisation may apply to the 3 [appellate board] for compulsory licence for disabled and the fee which may accompany such application under sub-section 31b; (ccb) the fee which is to be paid before filing an appeal to the 3 [appellate board]under sub-section (2) of section 33a; (f) the matters in respect of which the registrar of copyrights and the appellate board shall have powers of a civil court; extract from the income tax act, 1961(43 of 1961) 252anotwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the president, vice-president and other members of the appellate tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of president, vice-president and memberprovided that the president, vice-president and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 (7 of 2017) had not come into force extracts from the customs act, 1962 (52 of 1962) chapter vb advance rulingsdefinitions28e in this chapter, unless the context otherwise requires,— (ba) "appellate authority" means the authority for advance rulings constituted under section 245-o of the income-tax act, 1961 (43 of 1961); (f) "chairperson" means the chairperson of the appellate authority; (g) "member" means a member of the appellate authority and includes the chairperson;and customs authority for advance rulings28ea (1) the board may, for the purposes of giving advance rulings under this act, by notification, appoint an officer of the rank of principal commissioner of customs or commissioner of customs to function as a customs authority for advance rulings: provided that till the date of appointment of the customs authority for advance rulings, the existing authority for advance rulings constituted under section 245-o of the income-tax act, 1961 (43 of 1961) shall continue to be the authority for giving advance rulings for the purposes of this act(2) the offices of the authority may be established in new delhi and at such other places, as the board may deem fit(3) subject to the provisions of this act, the authority shall exercise the powers and authority conferred on it by or under this actauthority for advance rulings28f (1) subject to the provisions of this act, the authority for advance rulings constituted under section 245-o of the income-tax act, 1961 (43 of 1961) shall be the appellate authority for deciding appeal under this chapter and the said appellate authority shall exercise the jurisdiction, powers and authority conferred on it by or under this act:provided that the member from the indian revenue service (customs and central excise), who is qualified to be a member of the board, shall be the revenue member of the 4 [appellate authority] for the purposes of this act appeal28ka (1) any officer authorised by the board, by notification, or the applicant mayfile an appeal to the appellate authority against any ruling or order passed by the authority, within sixty days from the date of the communication of such ruling or order, in such form and manner as may be prescribed:provided that where the appellate authority is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the period so specified, it may allow a further period of thirty days for filing such appeal(2) the provisions of sections 28-i and 28j shall, mutatis mutandis, apply to the appeal under this sectionpowers of authority or appellate authority28l (1) the authority or appellate authority shall, for the purpose of exercising its powers regarding discovery and inspection, enforcing the attendance of any person and examining him on oath, issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the code of civil procedure, 1908 (5 of 1908)(2) the authority or appellate authority shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of chapter xxvi of the code of criminal procedure, 1973 (2 of 1974), and every proceeding before the authority or appellate authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code (45 of 1860)28m (1) the authority shall follow such procedure as may be prescribedprocedure for authority and appellate authority(2) the appellate authority shall, subject to the provisions of this chapter, have power to regulate its own procedure in all matters arising out of the exercise of its powers and authority under this act 129 (1) appellate tribunal(7) notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the president, vice-president or other members of the appellate tribunal appointed after the commencement of 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:provided that the president vice-president and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017 (7 of 2017), shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extracts from the patents act, 1970 (39 of 1970) 2 (1) in this act, unless the context otherwise requires,—definitions and interpretation(a) "appellate board" means the appellate board referred to in section 116; (u) "prescribed" means,— (b) in relation to proceedings before the appellate board, prescribed by rules made by the appellate board; and grant of patent to true and first inventor where it has been obtained by another in fraud of him52 (1) where the patent has been revoked under section 64 on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the appellate board or court, instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the appellate board or court may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the appellate board or court finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment(2) where any such order is passed, the controller shall, on request by the petitioner made in the prescribed manner grant to him:—(i) in cases where the 2 [appellate board or court] permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked;(ii) in cases where the 2 [appellate board or court] permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed: provided that the controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the controller describing and claiming that part of the invention for which the patent is to be granted(3) no suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted| ||---------------|| amendment || of || specification || before || appellate || board or high || court |58 (1) in any proceeding before the appellate board or the high court for the revocation of a patent, the appellate board or the high court, as the case may be, may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the appellate board or the high court may think fit, and if in any proceedings for revocation the appellate board or the high court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent(2) where an application for an order under this section is made to the appellate board or the high court, the applicant shall give notice of the application to the controller, and the controller shall be entitled to appear and be heard, and shall appear if so directed by the appellate board or the high court(3) copies of all orders of the appellate board or the high court allowing the patentee to amend the specification shall be transmitted by the appellate board or the high court to the controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the registersupplementary provisions as to amendment of application or specification59 (1) no amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment(2) where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the controller or by the appellate board or the high court, as the case may be,—(a) the amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto;(b) the fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible; and(c) the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud (3) in construing the specification as amended, reference may be made to the specification as originally accepted [10] m crevocation of power patents64 (1) subject to the provisions contained in this act, a patent whether granted before or after the commencement of this act, may, be revoked on a petition of any person interested or of the central government by the appellate board or on a counter-claim in a suit for infringement of the patent by the high court] on any of the following grounds, that is to say—(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india;(b) that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor: [10] m c(c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims;(d) that the subject of any claim of the complete specification is not an invention within the meaning of this act;(e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in india before the priority date of the claim or to what was published in india or elsewhere in any of the documents referred to in section 13: [10] m c(f) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in india or what was published in india or elsewhere before the priority date of the claim: [10] m c(g) that the invention, so far as claimed in any claim of the complete specification, is not useful;(h) that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in india possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim, protection;(i) that the scope of any claim of the complete specification is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification;(j) that the patent was obtained on a false suggestion or representation; (k) that the subject of any claim of the complete specification is not patentable under this act;(l) that the invention so far as claimed in any claim of the complete specification was secretly used in india, otherwise than as mentioned in sub-section (3), before the priority date of the claim;(m) that the applicant for the patent has failed to disclose to the controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge;(n) that the applicant contravened any direction for secrecy passed under section 35 or made or caused to be made an application for the grant of a patent outside india in contravention of section 39;(o) that leave to amend the complete specification under section 57 or section 58was obtained by fraud;(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention;(q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in india or elsewhere 71 (1) the appellate board may, on the application of any person aggrieved—(a) by the absence or omission from the register of any entry; or (b) by any entry made in the register without sufficient cause; or (c) by any entry wrongly remaining on the register; or (d) by any error or defect in any entry in the register, make such order for the making, variation or deletion, of any entry therein as it may think fit (2) in any proceeding under this section the appellate board may decide any question that may be necessary or expedient to decide in connection with the rectification of the register(3) notice of any application to the appellate board under this section shall be given in the prescribed manner to the controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the board(4) any order of the appellate board under this section rectifying the register shall direct that notice of the rectification shall be served upon the controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly 76 an officer or employee in the patent office shall not, except when required or authorised by this act or under a direction in writing of the central government or appellate board or the controller or by order of a court,—officers and employees not to furnish information, etc(a) furnish information on a matter which is being, or has been, or dealt with under this act;(b) prepare or assist in the preparation of a document required or permitted by or under this act to be lodged in the patent office; or(c) conduct a search in the records of the patent office 113 (1) if in any proceedings before the appellate board or a high court for the revocation of a patent under section 64 and section 104, as the case may be, the validity of any claim of a specification is contested and that claim is found by the appellate board or the high court to be valid, the appellate board or the high court may certify that the validity of that claim was contested in those proceedings and was upheld| ||----------------|| certificate of || validity of || specification || and costs of || subsequent || suits for || infringement || thereof |(3) nothing contained in this section shall be construed as authorising the courts or the appellate board hearing appeals from decrees or orders in suits for infringement or petitions for revocation, as the case may be, to pass orders for costs on the scale referred to therein chapter xix appeals to the appellate boardappellate board116 (1) subject to the provisions of this act, the appellate board established under section 83 of the trade marks act, 1999 (47 of 1999) shall be the appellate board for the purposes of this act and the said appellate board shall exercise the jurisdiction, power and authority conferred on it by or under this act:provided that the technical member of the appellate board for the purposes of this act shall have the qualifications specified in sub-section (2)(2) a person shall not be qualified for appointment as a technical member for the purposes of this act unless he—(a) has, at least five years, held the post of controller under this act or has exercised the functions of the controller under this act for at least five years; or(b) has been for at least ten years, functioned as a registered patent agent and possesses a degree in engineering or technology or a masters degree in science from any university established under law for the time being in force or equivalent; or staff of appellate board117 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the appellate board in the discharge of its functions under this act and provide the appellate board with such officers and other employees as it may think fit(2) the salaries and allowances and conditions of service of the officers and other employees of the appellate board shall be such as may be prescribed(3) the officers and other employees of the appellate board shall discharge their functions under the general superintendence of the chairman of the appellate board in the manner as may be prescribedappeals to appellate board117a (1) save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision, order or direction made or issued under this act by the central government, or from any act or order of the controller for the purpose of giving effect to any such decision, order or direction(2) an appeal shall lie to the appellate board from any decision, order or direction of the controller of central government under section 15, section 16, section 17, section 18, section 19, 3 [section 20, sub-section (4) of section 25, section 28], section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92and section 94(3) every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed(4) every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the controller or the central government or within such further time as the appellate board may, in accordance with the rules made by it, allowprocedure and powers of appellate board117b the provisions of sub-sections (2) to (6) of section 84, section 87, section 92,section 95 and section 96 of the trade marks act, 1999 (47 of 1999) shall apply to the appellate board in the discharge of its functions under this act as they apply to it in the discharge of its functions under the trade marks act, 1999bar of jurisdiction of courts, etc117c no court or other authority shall have or, be entitled to, exercise any jurisdiction,powers or authority in relation to the matters referred to in sub-section (2) of section 117a orsection 117d117d (1) an application 1 [for revocation of a patent before the appellate board under section 64 and an application for rectification of the register] made to the appellate board under section 71 shall be in such form as may be prescribedprocedure for application for rectification, etc, before appellate board(2) a certified copy of every order or judgment of the appellate board relating to a patent under this act shall be communicated to the controller by the board and the controller shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order117e (1) the controller shall have the right to appear and be heard—appearance of controller in legal proceedings(a) in any legal proceedings before the appellate board in which the relief soughtincludes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised;(b) in any appeal to the appellate board from an order of the controller on an application for grant of a patent:—(i) which is not opposed, and the application is either refused by the controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or(ii) which has been opposed and the controller considers that his appearance is necessary in the public interest, and the controller shall appear in any case if so directed by the appellate board(2) unless the appellate board otherwise directs, the controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the controller may deem it necessary, and such statement shall be evidence in the proceeding117f in all proceedings under this act before the appellate board, the costs of the controller shall be in the discretion of the board, but the controller shall not be ordered to pay the costs of any of the partiescosts of controller in proceedings before appellate board transfer of pending proceedings to appellate board117g all cases of appeals against any order or decision of the controller and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any high court, shall be transferred to the appellate board from such date as may be notified by the central government in the official gazette and the appellate board may proceed with the matter either de novo or from the stage it was so transferred117h the appellate board may make rules consistent with this act as to the conduct and procedure in respect of all proceedings before it under this act power of appellate board to make rulestransmission of orders of courts to controller151 (1) every order of 1 [the high court or the appellate board] on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by the high court or the appellate board to the controller who shall cause an entry thereof and reference thereto to be made in the register (3) the provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of the 2 [appellate board or the courts, as the case may be,] referred to in those sub-sections 159 (1) power of central government to make rules(2) without prejudice to the generality of the foregoing power, the central government may make rules to provide for all or any of the following matters, namely:— (xiia) the salaries and allowances and other conditions of service of the officers and other employees of the appellate board under sub-section (2) and the manner in which the officers and other employees of the appellate board shall discharge their functions under sub-section (3) of section 117;(xiib) the form of making an appeal, manner of verification and the fees payable under sub-section (3) of section 117a;(xiic) the form in which, and the particulars to be included in, the application to the appellate board under sub-section (1) of section 117d; extract from the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 (13 of 1976) 7 of 201712a notwithstanding anything contained in this act, the qualifications, appointment,term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson and other members of the appellate tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of chairperson, and member7 of 2017 provided that the chairperson and other members appointed before the commencementof part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extract from the administrative tribunals act, 1985 (13 of 1985)10b notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairman and other members of the tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of chairman and member provided that the chairman and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extract from the railway claims tribunal act, 1987 (54 of 1987) 27 of 20179a notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the chairman, vice-chairman and other members of the tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of chairman, vice-chairman and member27 of 2017 provided that the chairman, vice-chairman and members appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017, had not come into force extract from the securities and exchange board of india act, 1992 (15 of 1992) 15qa notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the presiding officer and other members of the appellate tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of presiding officer and member provided that the presiding officer and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extracts from the recovery of debts and bankruptcy act, 1993 (51 of 1993)| ||-----------------|| 7 of 2017 || qualifications, || terms and || conditions of || service of || presiding || officer |6a notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the presiding officer of the tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:7 of 2017 provided that the presiding officer appointed before the commencement of part xivof chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force| | | | | ||------|------|------|------|-----|15a notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the terms and conditions of service of the chairperson of the appellate tribunal appointed after the commencement ofqualifications, terms and conditions of service of chairperson7 of 2017part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:7 of 2017 7 of 2017 provided that the chairperson appointed before the commencement of part xiv ofchapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extracts from the airports authority of india act, 1994 (55 of 1994) chapter va eviction of unauthorised occupants, etc, of airport premisesdefinitions28a in this chapter, unless the context otherwise requires,— (e) "tribunal" means the airport appellate tribunal established under sub-section (1) of section 28-i; 28e (1) where any persons have been evicted from any 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 locality, remove or cause to be removed or dispose of by public auction any property remaining on such premisesdisposal of property left on airport premises by unauthorised occupants(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, if 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 officer 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 tribunal and the decision of the tribunal thereon shall be final| | | | | ||------|------|------|------|-----|establishment of tribunal13 of 200228-i (1) the central government shall, by notification in the official gazette, establish a tribunal, to be known as the airport appellate tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this act and the control of national highways (land and traffic) act, 2002(2) the tribunal shall consist of a chairperson (hereinafter referred to in this act, as the chairperson of the tribunal)(3) the head office of the tribunal shall be at new delhi: provided that the tribunal may hold its sittings at other places as the chairperson of the tribunal may decide, from time to time, having taken into consideration the convenience to decide the appeals before the tribunal(4) the chairperson of the tribunal shall be appointed by the central government after consultation with the chief justice of india(5) a person shall not be qualified for appointment as chairperson of the tribunal unless he is, or has been, or is qualified to be, a judge of a high court(6) the chairperson of the tribunal shall hold office as such for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier(7) the salaries and allowances payable to, and other terms and conditions of service of, the chairperson of the tribunal shall be such as may be prescribed: provided that neither the salary and allowances nor other terms and conditions of service of the chairperson of the tribunal shall be varied to his disadvantage after his appointmentresignation and removal28j (1) the chairperson of the tribunal may, by notice in writing under his handaddressed to the central government, resign his office: provided that the chairperson of the tribunal shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest(2) the chairperson of the tribunal shall not be removed from his office except by an order made by the central government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which such chairperson had been informed of the charges against him and given reasonable opportunity of being heard in respect of those charges(3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairperson of the tribunalqualifications, terms and conditions of service of chairperson28ja notwithstanding anything contained in this act, the qualifications, appointment,term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson of the tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act: provided that the chairperson appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into forceappeals to tribunal28k (1) any person aggrieved by an order of the eviction officer under this chaptermay, within fifteen days from the date of such order, prefer an appeal to the tribunal in such form as may be prescribed: provided that the tribunal may entertain any appeal after the expiry of the said period of fifteen days, but not after 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) on receipt of an appeal under sub-section (1), the tribunal shall, after giving the appellant and the eviction officer an opportunity of being heard, pass such order as it thinks fit(3) the tribunal shall dispose of the appeal within thirty days from the date of filing the appeal:provided that the tribunal may, for reasons to be recorded in writing, dispose of the appeal within a further period of fifteen days(4) an order of the tribunal passed under sub-section (2) shall be executable as a decree of a civil court and for executing the same the tribunal shall send a copy thereof to the civil court having jurisdiction which shall execute the same, as expeditiously as may be possible, as if such order is a decree passed by that court(5) on and from the date from which any jurisdiction, powers and authority becomes exercisable under this chapter by the tribunal in relation to any matter, no court (except the supreme court under article 136 and the high court under articles 226 and 227 of the constitution) shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such matter5 of 1908procedure and powers of tribunal28l (1) the tribunal shall not be bound by the procedure laid down in the code ofcivil procedure, 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 tribunal shall have power to lay down and regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private5 of 1908(2) the tribunal shall have, for the purpose of discharging its functions under thischapter, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining himon oath;(b) requiring the discovery and production of documents; (c) any other matter which may be prescribed45 of 1860 2 of 1974 (3) any proceeding before the 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 and the tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973finality of orders28m subject to the provisions of this act, every order made by an eviction officer or the tribunal 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 conferred by or under this chapter| 28n | ( | 1 | ) | ||-----------------------------------------------------------------------------------------|------|----------------------------------------------------------------------------------|--------|------|| offences | | | | || under this | | | | || chapter | | | | || ( | 2 | ) whoever fails to comply with any order of the eviction officer or the tribunal | | || under this chapter shall be punishable with imprisonment for a term which may extend to | | | | || seven years and with fine | | | | || | | | | || protection of | | | | || action taken | | | | || in good faith | | | | |33 no suit, prosecution or other legal proceeding shall lie against the authority or any member or any officer or other employee of the authority or the chairperson of the tribunal for anything which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereunder 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 stations or other things belonging to or under the control of the authority 41 (1) power to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for— (gvi) the salaries and allowances payable to, and other terms and conditions of service of, the chairperson of the tribunal under sub-section (7) of section 28-i;(gvii) the procedure for the investigation of misbehaviour or incapacity of the chairperson of the tribunal under sub-section (3) of section 28j;(gviii) the form of appeal under sub-section (1) of section 28k; (gix) any other matter under clause (c) of sub-section (2) of section 28l; extract from the telecom regulatory authority of india act, 1997 (24 of 1997) 14ga notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson and other members of the appellate tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of chairperson and member provided that the chairperson and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act and the rules made there under as if the provisions of section 184 of the finance act, 2017 had not come into force extracts from the trade marks act, 1999 (47 of 1999) 2 (1) in this act, unless the context otherwise requires,—(a) appellate board means the appellate board established under section 83;definitions and interpretation (d) bench means a bench of the appellate board (f) chairperson means the chairperson of the appellate board; (k) judicial member means a member of the appellate board appointed as such under this act, and includes the chairperson and the vice-chairperson; (n) member means a judicial member or a technical member of the appellate board and includes the chairperson and the vice-chairperson; (ze) tribunal means the registrar or, as the case may be, the appellate board, before which the proceeding concerned is pending;(zf) vice-chairperson means a vice-chairperson of the appellate board; (s) prescribed means prescribed by rules made under this act; limitation as to colour10 (1) a trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark 26 where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the tribunal is satisfied either—effect of removal from register for failure to pay fee for renewal(a) that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or(b) that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed chapter vi use of trade marks and registered users| 46 ||---------------|| proposed use || of trade mark || by company || to be formed, || etc |(3) the tribunal may, in a case to which sub-section (1) applies, require the applicant to give security for the costs of any proceedings relating to any opposition or appeal, and in default of such security being duly given, may treat the application as abandoned 47 (1) a registered trade mark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the registrar or the appellate board by any person aggrieved on the ground either—removal from register and imposition of limitations on ground of non-use(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him or, in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to a date three months before the date of the application; or (b) that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being: provided that except where the applicant has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of the goods or services in question, or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark, the tribunal may refuse an application under clause (a) or clause (b) in relation to any goods or services, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to:— (i) goods or services of the same description; or (ii) goods or services associated with those goods or services of thatdescription being goods or services, as the case may be, in respect of which the trade mark is registered (2) where in relation to any goods or services in respect of which a trade mark is registered—(a) the circumstances referred to in clause (b) of sub-section (1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in a particular place in india (otherwise than for export from india), or in relation to goods to be exported to a particular market outside india; or in relation to services for use or available for acceptance in a particular place in india or for use in a particular market outside india; and (b) a person has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of those goods, under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or in relation to services for use or available for acceptance in that place or for use in that country, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark, on application by that person in the prescribed manner to the appellate board or to the registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that that registration shall cease to extend to such use (3) an applicant shall not be entitled to rely for the purpose of clause (b) of sub-section (1) or for the purposes of sub-section (2) on any non-use of a trade mark which is shown to have been due to special circumstances in the trade, which includes restrictions on the use of the trade mark in india imposed by any law or regulation and not to any intention to abandon or not to use the trade mark in relation to the goods or services to which the application relates use of trade mark for export trade and use when form of trade connection changes56 (1) the application in india of trade mark to goods to be exported from india or in relation to services for use outside india and any other act done in india in relation to goods to be so exported or services so rendered outside india which, if done in relation to goods to be sold or services provided or otherwise traded in within india would constitute use of a trade mark therein, shall be deemed to constitute use of the trade mark in relation to those goods or services for any purpose for which such use is material under this act or any other law chapter vii rectification and correction of the register57 (1) on application made in the prescribed manner to the appellate board or to the registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation theretopower to cancel or vary registration and to rectify the register(2) any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the appellate board or to the registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit(3) the tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register(4) the tribunal, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2)(5) any order of the appellate board rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly 71 (1) (3) in dealing under the said provisions with an application under this section, the tribunal shall have regard to the like considerations, so far as relevant, as if the application applications for registration of certification trade markswere applications under section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark chapter xi appellate boardestablishment of appellate board47 of 195783 the central government shall, by notification in the official gazette, establish an appellate board to be known as the intellectual property appellate board to exercise the jurisdiction, powers and authority conferred on it by or under this act and under the copyright act, 1957composition of appellate board84 (1) the appellate board shall consist of a chairperson, vice-chairperson and such number of other members, as the central government may deem fit and, subject to the other provisions of this act, the jurisdiction, powers and authority of the appellate board may be exercised by benches thereof (2) subject to the other provisions of this act, a bench shall consist of one judicial member and one technical member and shall sit at such place as the central government may, by notification in the official gazette, specify (3) notwithstanding anything contained in sub-section (2), the chairperson—(a) may, in addition to discharging the functions of the judicial member or technical member of the bench to which he is appointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench;(b) may transfer a member from one bench to another bench; (c) may authorise the vice-chairperson, the judicial member or the technical member appointed to one bench to discharge also the functions of the judicial member or the technical member, as the case may be, of another bench (4) where any benches are constituted, the central government may, from time to time, by notification, make provisions as to the distribution of the business of the appellate board amongst the benches and specify the matters which may be dealt with by each bench(5) if any question arises as to whether any matter falls within the purview of the business allocated to a bench, the decision of the chairperson shall be finalexplanation—for the removal of doubts, it is hereby declared that the expression matter includes an appeal under section 91(6) if the members of a bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the 2 [chairperson] who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it85 (1) a person shall not be qualified for appointment as the chairperson unless he—(a) is, or has been, a judge of a high court; or (b) has, for at least two years, held the office of a vice-chairperson (2) a person shall not be qualified for appointment as the vice-chairperson, unless he—qualifications for appointment as chairperson, vice- chairperson, or other members(a) has, for at least two years, held the office of a judicial member or a technical member; or(b) has been a member of the indian legal service and has held a post in grade i of that service or any higher post for at least five years (3) a person shall not be qualified for appointment as a judicial member, unless he— (a) has been a member of the indian legal service and has held the post in grade i of that service for at least three years; or(b) has, for at least ten years, held a civil judicial office(4) a person shall not be qualified for appointment as a technical member, unless he—43 of 1958(a) has, for at least ten years, exercised functions of a tribunal under this act or under the trade and merchandise marks act, 1958, or both, and has held a post not lower than the post of a joint registrar for at least five years; or(b) has, for at least ten years, been an advocate of a proven specialised experience in trade mark law (5) subject to the provisions of sub-section (6), the chairperson, vice-chairperson and every other member shall be appointed by the president of india(6) no appointment of a person as the chairperson shall be made except after consultation with the chief justice of india 86 the chairperson, vice-chairperson or other members shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains,—(a) in the case of chairperson and vice-chairperson, the age of sixty-five years;and term of office of chairperson, vice- chairperson and other members(b) in the case of a member, the age of sixty-two years, whichever is earlier87 (1) in the event of or any vacancy in the office of the chairperson by reasons of his death, resignation or otherwise, the vice-chairperson and in his absence the senior-most member shall act as 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 officevice- chairperson or senior-most member to act as chairperson or discharge his functions in certain circumstances(2) when the chairperson is unable to discharge his functions owing to his absence, illness or any other cause, the vice-chairperson and in his absence the senior-most member shall discharge the functions of the chairperson until the date on which the chairperson resumes his duty88 (1) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits), of the chairperson, vice-chairperson and other members shall be such as may be prescribed(2) notwithstanding anything contained in sub-section (1), a person who, immediately before the date of assuming office as the chairperson, vice-chairperson or other member was in service of government, shall be deemed to have retired from service on the date on which he enters upon office as the chairperson, vice-chairperson or other membersalaries, allowances and other terms and conditions of service of chairperson, vice- chairperson and other members resignation and removal89 (1) the chairperson, vice-chairperson or any other member may, by notice in writing under his hand addressed to the president of india, resign his office: provided that the chairperson, vice-chairperson or any other member shall, unless he is permitted by the president of india 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 earlier(2) the chairperson, vice-chairperson or any other member shall not be removed from his office except by an order made by the president of india on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which the chairperson, vice-chairperson or other member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges(3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairperson, vice-chairperson or other member referred to in sub-section (2)7 of 201789a notwithstanding anything in this act, the qualifications, appointment, term ofoffice, salaries and allowances, resignations, removal and other terms and conditions of service of the chairperson, vice-chairperson and other members of the appellate board appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of chairperson, vice- chairperson and member7 of 2017 provided that the chairperson, vice-chairperson and other members appointed beforethe commencement of part xiv of chapter vi of the finance act, 2017, shall continue to begoverned by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017, had not come into forcestaff of appellate board90 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the appellate board in the discharge of its functions and provide the appellate board with such officers and other employees as it may think fit(2) the salaries and allowances and conditions of service of the officers and other employees of the appellate board shall be such as may be prescribed (3) the officers and other employees of the appellate board shall discharge their functions under the general superintendence of the chairperson in the manner as may be prescribedappeals to appellate board91 (1) any person aggrieved by an order or decision of the registrar under this act, or the rules made thereunder may prefer an appeal to the appellate board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal (2) no appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the appellate board that he had sufficient cause for not preferring the appeal within the specified period(3) an appeal to the appellate board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed5 of 1908procedure and powers of appellate board92 (1) the appellate board shall not be bound by the procedure laid down in the codeof civil procedure, 1908 but shall be guided by principles of natural justice and subject to the provisions of this act and the rules made thereunder, the appellate board shall have powers to regulate its own procedure including the fixing of places and times of its hearing5 of 1908(2) the appellate board shall have, for the purpose of discharging its functions underthis act, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—(a) receiving evidence; (b) issuing commissions for examination of witnesses; (c) requisitioning any public record; and (d) any other matter which may be prescribed45 of 1980 2 of 1974(3) any proceeding before the appellate board shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code, and the appellate board shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 197393 no court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) of section 91bar of jurisdiction of courts, etc94 on ceasing to hold office, the chairperson, vice-chairperson or other members shall not appear before the appellate board or the registrarbar to appear before appellate board95 notwithstanding anything contained in any other provisions of this act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or any other manner) shall be made on, or in any proceedings relating to, an appeal unless—conditions as to making of interim orders(a) copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made; and(b) opportunity is given to such party to be heard in the matter96 on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to any other benchpower of chairperson to transfer cases from one bench to another97 (1) an application for rectification of the register made to the appellate board under section 57 shall be in such form as may be prescribedprocedure for application for rectification, etc, before appellate board(2) a certified copy of every order or judgment of the appellate board relating to a registered trade mark under this act shall be communicated to the registrar by the board and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order98 (1) the registrar shall have the right to appear and be heard—appearance of registrar in legal proceedings(a) in any legal proceedings before the appellate board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the trade marks registry is raised;(b) in any appeal to the board from an order of the registrar on an application for registration of a trade mark:—(i) which is not opposed, and the application is either refused by the registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or(ii) which has been opposed and the registrar considers that hisappearance is necessary in the public interest, and the registrar shall appear in any case if so directed by the board(2) unless the appellate board otherwise directs, the registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the trade marks registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding99 in all proceedings under this act before the appellate board the costs of the registrar shall be in the discretion of the board, but the registrar shall not be ordered to pay the costs of any of the partiescosts of registrar in proceedings before appellate boardtransfer of pending proceedings to appellate board100 all cases of appeals against any order or decision of the registrar and all cases pertaining to rectification of register, pending before any high court, shall be transferred to the appellate board from the date1 as notified by the central government in the official gazette and the appellate board may proceed with the matter either de novo or from the stage it was so transferred 113 (1) where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:—procedure where invalidity of registration is pleaded by the accused(a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the appellate board under this act, for the rectification of the register on the ground that the registration is invalid(b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification (c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the appellate board for rectification of the register, the court shall proceed with the case as if the registration were valid (2) where before the institution of a complaint of an offence referred to in sub-section(1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark 45 of 1860123 every person appointed under this act and every member of the appellate board shall be deemed to be a public servant within the meaning of section 21 of the indian penal codecertain persons to be public servants124 (1) where in any suit for infringement of a trade mark— (a) the defendant pleads that registration of the plaintiff's trade mark is invalid;or(b) the defendant raises a defence under clause (e) of sub-section (2) of section30 and the plaintiff pleads the invalidity of registration of the defendant's trade mark, the court trying the suit (hereinafter referred to as the court), shall,—stay of proceedings where the validity of registration of the trade mark is questioned, etc(i) if any proceedings for rectification of the register in relation to the plaintiff's or defendant's trade mark are pending before the registrar or the appellate board, stay the suit pending the final disposal of such proceedings;(ii) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiff's or defendant's trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the appellate board for rectification of the register(2) if the party concerned proves to the court that he has made any such application as is referred to in clause (b) (ii) of sub-section (1) within the time specified therein or within such extended time as the court may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification proceedings(3) if no such application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the trade mark concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case(4) the final order made in any rectification proceedings referred to in sub-section (1)or sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far as it relates to the issue as to the validity of the registration of the trade mark(5) the stay of a suit for the infringement of a trade mark under this section shall not preclude the court from making any interlocutory order (including any order granting an injunction, directing account to be kept, appointing a receiver or attaching any property), during the period of the stay of the suitapplication for rectification of register to be made to appellate board in certain cases125 (1) where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff's trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff questions the validity of the registration of the defendant's trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57, such application shall be made to the appellate board and not the registrar (2) subject to the provisions of sub-section (1), where an application for rectification of the register is made to the registrar under section 47 or section 57, the registrar may, if he thinks fit, refer the application at any stage of the proceedings to the appellate board death of party to a proceeding130 if a person who is a party to a proceeding under this act (not being a proceedingbefore the appellate board or a court) dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest certificate of validity141 if in any legal proceeding for rectification of the register before the appellateboard a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the appellate board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the trade mark shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client 144 in any proceeding relating to a trade mark, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other personstrade usages, etc, to be taken into consideration 157 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(xxxi) the salaries and allowances and other conditions of service of the officers and other employees of the appellate board under sub-section (2), and the manner in which the officers and other employees of the appellate board shall discharge their functions under sub-section (3) of section 90; (xxxii) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 91;(xxxiii) the form in which and the particulars to be included in the application to the appellate board under sub-section (1) of section 97; extracts from the geographical indications of goods (registration and protection) act, 1999(48 of 1999) 2 (1) in this act, unless the context otherwise requires,—definitions and interpretation47 of 1999(a) "appellate board" means the appellate board established under section 83of the trade marks act, 1999; (p) "tribunal" means the registrar or, as the case may be, the appellate board before which the proceeding concerned is pending effect of removal from register for failure to pay fee for renewal19 where a geographical indication has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another geographical indication during one year, next after the date of removal, be deemed to be a geographical indication already on the register, unless the tribunal is satisfied either—(a) that there has been no bona fide trade use of the geographical indication which has been removed within the two years immediately preceding its removal; or (b) that no deception or confusion would be likely to arise from the use of the geographical indication which is the subject of the application for registration by reason of any previous use of the geographical indication which has been removed registration to be prima facie evidence of validity23 (1) in all legal proceedings relating to a geographical indication, the certificate of registration granted in this regard by the registrar under this act, being a copy of the entry in the register under the seal of the geographical indications registry, shall be prima facie evidence of the validity thereof and be admissible in all courts and before the appellate board without further proof or production of the original(2) nothing in this section shall be deemed to be affect the right of action in respect of an unregistered geographical indication chapter vi rectification and correction of the registerpower to cancel or vary registration and to rectify the register27 (1) on application made in the prescribed manner to the appellate board or to the registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a geographical indication or authorised user on the ground of any contravention, or failure to observe the condition entered on the register in relation thereto(2) any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the appellate board or to the registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit(3) the tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register (4) the tribunal, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2)(5) any order of the appellate board rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly chapter vii appeals to the appellate board31 (1) appeals to the appellate board(2) no appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):provided that an appeal may be admitted after the expiry of the period specified therefore, if the appellant satisfies the appellate board that he had sufficient cause for not preferring the appeal within the specified period(3) an appeal to the appellate board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and such fees as may be prescribed32 no court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (1) of section 31bar of jurisdiction of courts, etc47 of 1999procedure of the appellate board33 the provisions of sub-sections (2), (3), (4), (5), (6) of section 84, section 87, section 92, section 95 and section 96 of the trade marks act, 1999, shall apply to the appellate board in the discharge of its functions under this act as they apply to it in the discharge of its functions under the trade marks act, 199934 (1) an application for rectification of the register made to the appellate board under section 27 shall be in such form as may be prescribedprocedure for application for rectification, etc, before appellate board(2) a certified copy of every order or judgment of the appellate board relating to a registered geographical indication under this act shall be communicated to the registrar by the appellate board and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order35 (1) the registrar shall have the right to appear and be heard—appearance of registrar in legal proceedings(a) in any legal proceedings before the appellate board in which the relief soughtincludes alteration or rectification of the register or in which any question relating to the practice of the geographical indications registry is raised;(b) in any appeal to the board from an order of the registrar on an application forregistration of a geographical indication or authorised user— (i) which is not opposed, and the application is either refused by theregistrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or(ii) which has been opposed and the registrar considers that hisappearance is necessary in the public interest, and the registrar shall appear in any case if so directed by the board(2) unless the appellate board otherwise directs, the registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the geographical indications registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding36 in all proceedings under this act before the appellate board the costs of the registrar shall be in the discretion of the board, but the registrar shall not be ordered to pay the costs of any of the parties costs of registrar in proceedings before appellate board48 (1) where the offence charged under section 39 or section 40 or section 41 is in relation to a registered geographical indication and the accused pleads that the registration of the geographical indication is invalid, the following procedure shall be followed:—procedure where invalidity of registration is pleaded by the accused(a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the appellate board under this act, for the rectification of the register on the ground that the registration is invalid;(b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification;(c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the appellate board for rectification of the register, the court shall proceed with the case as if the registration were valid (2) where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the geographical indication in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his geographical indication 57 (1) where in any suit for infringement of a geographical indication the defendant pleads that registration of the geographical indication relating to plaintiff is invalid, the court trying the suit (hereinafter referred to as the court), shall,—stay of proceedings where the validity of registration of the geographical indication is questioned, etc (a) if any proceedings for rectification of the register to the geographical indication relating to plaintiff or defendant are pending before the registrar or the appellate board, stay the suit pending the final disposal of such proceedings;(b) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the appellate board for rectification of the register (2) if the party concerned proves to the court that he has made any such application as is referred to in clause (b) of sub-section (1) within the time specified therein or within such extended time as the court may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification proceedings(3) if no such application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the geographical indication concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case (4) the final order made in any rectification proceedings referred to in sub-section (1)or sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far as it relates to the issue as to the validity of the registration of the geographical indication (5) the stay of a suit for the infringement of a geographical indication under this section shall not preclude the court from making any interlocutory order (including any order granting an injunction, directing account to be kept, appointing a receiver or attaching any property), during the period of the stay of the suitapplication for rectificationof register tobe made to appellate board in certain cases58 (1) where in a suit for infringement of a registered geographical indication the validity of the registration of the geographical indication relating to plaintiff is questioned by the defendant or where in any such suit the plaintiff questions the validity of the registration of the geographical indication relating to defendant, the issue as to the validity of the registration of the geographical indication concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 27, such application shall be made to the appellate board and not to the registrar(2) subject to the provisions of sub-section (1), where an application for rectification of the register is made to the registrar under section 27, the registrar may, if he thinks fit, refer the application at any stage of the proceedings to the appellate board death of party to a proceeding63 if a person who is a party to a proceeding under this act (not being a proceedingbefore the appellate board or a court) dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest certificate of validity72 if in any legal proceedings for rectification of the register before the appellate board a decision is on contest given in favour of the registered proprietor or, as the case may be, authorised user of the geographical indication on the issue as to the validity of the registration of the geographical indication or the authorised user, the appellate board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or judgment in his favour affirming validity of the registration of the geographical indication or the authorised user, as the case may be, shall unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client 75 in any proceeding relating to a geographical indication, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant geographical indication legitimately used by other personstrade usages, etc, to be taken into consideration 87 (1) power to make rules (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (n) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 31; extracts from the protection of plant varities and farmers' rights act, 2001 (53 of 2001) 2 in this act, unless the context otherwise requires,—definitions (d) "chairman" means the chairman of the tribunal; (n) "judicial member" means a member of the tribunal appointed as such under sub-section (1) of section 55 and includes the chairman;(o) "member" means a judicial member or a technical member of the tribunal and includes the chairman; (q) "prescribed" means prescribed by rules made under this act (y) "tribunal" means the plant varieties protection appellate tribunal established under section 54;(z) "technical member" means a member of the tribunal who is not a judicial member; exemption from fees44 a farmer or group of farmers or village community shall not be liable to pay any fees in any proceeding before the authority or registrar or the tribunal or the high court under this act or the rules made thereunder explanation—for the purposes of this section, "fees in any proceeding" includes any fees payable for inspection of any document or for obtaining a copy of any decision or order or document under this act or the rules made thereunder chapter viii plant varieties protection appellate tribunaltribunal54 the central government may, by notification in the official gazette, establish atribunal to be known as the plant varieties protection appellate tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this actcomposition of tribunal55 (1) the tribunal shall consist of a chairman and such number of judicial membersand technical members as the central government may deem fit to appoint(2) a judicial member shall be a person who has for at least ten years held a judicial office in the territory of india or who has been a member of the indian legal service and has held a post in grade-ii of that service or any equivalent or higher post for at least three years or who has been an advocate for at least twelve yearsexplanation—for the purposes of this sub-section,—(i) in computing the period during which a person has held judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law;(ii) in computing the period during which a person has been an advocate, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law after he became an advocate (3) a technical member shall be a person who is an eminent agricultural scientist in the field of plant breeding and genetics and possesses an experience of at least twenty years to deal with plant variety or seed development activity, or who has held the post in the central government or a state government dealing with plant variety or seed development equivalent to the joint secretary to the government of india for at least three years and possesses the special knowledge in the field of plant breeding and genetics(4) the central government shall appoint a judicial member of the tribunal to be the chairman thereof(5) the central government may appoint one of the members of the tribunal to be the senior member thereof(6) the senior member or a member shall exercise such of the powers and perform such of the functions of the chairman as may be delegated to him by the chairman by a general or special order in writingappeals to tribunal56 (1) an appeal shall be preferred to the tribunal within the prescribed period fromany— (a) order or decision of the authority or registrar, relating to registration of a variety; or(b) order or decision of the registrar relating to registration as an agent or a licensee of a variety; or(c) order or decision of the authority relating to claim for benefit sharing; or (d) order or decision of the authority regarding revocation of compulsory licence or modification of compulsory licence; or(e) order or decision of the authority regarding payment of compensation, made under this act or rules made thereunder (2) every such appeal shall be preferred by a petition in writing and shall be in such form and shall contain such particulars as may be prescribed(3) the tribunal in disposing of an appeal under this section shall have the power to make any order which the authority or the registrar could make under this actorders of tribunal57 (1) the tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit(2) the tribunal may, at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the record, amend any order passed by it under sub-section (1), and make such amendment if the mistake is brought to its notice by the appellant or the opposite party (3) in every appeal, the tribunal may, where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal(4) the tribunal shall send a copy of any order passed under this section to the registrar(5) the orders of the tribunal under this act shall be executable as a decree of a civil courtprocedure of tribunal58 (1) the powers and functions of the tribunal may be exercised and discharged by benches constituted by the chairman of the tribunal from among the members thereof(2) a bench shall consist of one judicial member and one technical member (3) if the members of a bench differ in opinion on any point, they shall state the point or points on which they differ, and the case shall be referred to the chairman for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it(4) subject to the provisions of this act, the tribunal shall have power to regulate its own procedure and the procedure of benches thereof in all matters arising out of the exercise of its powers or the discharge of its functions, including the places at which the benches shall holding their sittings45 of 1860 2 of 1974(5) the tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the registrar under section 11, and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the measuring of sections 193 and 228 and for the purposes of section 196 of the indian penal code, and the tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973| ( | 6 | ) notwithstanding anything contained in any other provisions of this act or in any ||---------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| other law for the time being in force, no interim order (whether by way of injunction or stay | | || or any other manner) shall be made on, or in, any proceedings relating to an appeal unless— | | || ( | a | ) copies of such appeal and of all documents in support of the plea for such || interim order are furnished to the party against whom such appeal is made or proposed | | || to be made; and | | || ( | b | ) opportunity is given to such party to be heard in the matter || transitional | | || provision | | || 47 of 1999 | | || 59 | notwithstanding anything contained in this act, till the establishment of the | || tribunal under section 54, the intellectual property appellate board established under section | | || 83 of the trade marks act, 1999 shall exercise the jurisdiction, powers and authority conferred | | || on the tribunal under this act subject to the modification that in any bench of such intellectual | | |property appellate board constituted for the purposes of this section, for the technical member referred to in sub-section (2) of section 84 of the trade marks act, the technical member shall be appointed under this act and he shall be deemed to be the technical member for constituting the bench under the said sub-section (2) of section 84 for the purposes of this act 89 no civil court shall have jurisdiction in respect of any matter which the authority or the registrar or the tribunal is empowered by or under this act to determinebar of jurisdiction extracts from the control of national highways (land and traffic) act, 2002 (13 of 2003) definitions2 in this act, unless the context otherwise requires,—(a) "appointed day", in relation to a tribunal, means the date on which such tribunal is established under sub-section (1) of section 5; (l) "tribunal" means the airport appellate tribunal referred to in sub-section (1) of section 5 chapter ii highways administration and tribunals, etc establishment of tribunals55 of 1994 7 of 20175 (1) the airport appellate tribunal established under section 28-i of the airports authority of india act, 1994 shall, on and from the commencement of part xiv of chapter vi of the finance act, 2017, be the tribunal for the purposes of this act and the said tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this act(2) the central government shall specify, by notification in the official gazette, the limits of the highway within which, or the length of highway on which, the tribunal may exercise jurisdiction for entertaining and deciding the appeals filed before it jurisdiction, powers and authority of tribunal14 a tribunal shall exercise, on and from the appointed day, the jurisdiction, powersand authority to entertain appeals from the orders passed or actions (except issuance or serving of notices) taken under sections 26, 27, 28, 36, 37 and 38 by the highway administration or an officer authorised on its behalf, as the case may bebar of jurisdiction15 on and from the appointed day, no court (except the supreme court and a highcourt exercising jurisdiction under articles 226 and 227 of the constitution) or other authority, except the tribunal shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters specified in section 145 of 1908procedure and powers of tribunal16 (1) the tribunal shall not be bound by the procedure laid down by the code ofcivil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the tribunal shall have powers to regulate its own procedure including the places at which it shall have its sittings(2) the appeal filed before the tribunal under section 14 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within four months from the date of the receipt of the appeal5 of 1908 (3) the 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 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) issuing commissions for examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an appeal or application for default or deciding it ex parte; (g) setting aside any order of dismissal of any appeal or application for default orany order passed by it ex parte; and (h) any other matter which may be prescribed45 of 1860 2 of 1974(4) any proceeding before the 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 and the tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973conditions as to making of interim order17 notwithstanding anything contained in any other provision of this act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to, an application or appeal unless—(a) copies of such application or appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or appeal is preferred; and (b) opportunity is given to such party to be heard in the matter: provided that the tribunal may dispense with the requirements of clauses (a)and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may be; which cannot be adequately compensated in money; but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the tribunal has continued the operation of the interim orderexecution of orders of tribunal18 (1) an order passed by the tribunal under this act shall be executable by the tribunal as a decree of a civil court, and for this purpose, the tribunal shall have all the powers of the civil court(2) notwithstanding anything contained in sub-section (1), the tribunal may transmit any order made by it to the civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that courtlimitation19 every appeal to the tribunal under this act shall be preferred within a period of sixty days from the date on which the order appealed against has been made:provided that an appeal may be admitted after the expiry of the said period of sixty days, if the appellant satisfies the tribunal that he had sufficient cause for not preferring the appeal within the specified period chapter viii miscellaneous40 a person preferring an appeal to the tribunal under this act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the tribunalright of appellant to take assistance of legal practitionerfinality of orders41 save as otherwise expressly provided in this act, every order made or any action taken by the highway administration or the officer authorised in this behalf by such administration or every order passed or decision made on appeal under this act by the tribunal shall be final and shall not be called in question in any original suit, application or execution proceeding 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 to the highway administration or tribunal 50 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (f) the additional matters in respect of which the tribunal may exercise the powers of a civil court under clause (h) of sub-section (3) of section 16; extract from the electricity act, 2003 (36 of 2003) 7 of 2017qualifications, terms and conditions of service of chairperson and member117a notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other term and conditions of service of the chairperson and other members of the appellate tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act: provided that the chairperson and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extract from the armed force tribunal act, 2007 (55 of 2007) qualifications, terms and conditions of service of chairperson and member9a notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and terms and conditions of service of the chairperson and other members of the appellate tribunal appointed after the commencement of 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: provided that the chairperson and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extract from the national green tribunal act, 2010 (10 of 2010) 7 of 201710a notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the chairperson, judicial member and expert member of the tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:qualifications, terms and conditions of service of chairperson, judicial member and expert member provided that the chairperson, judicial member and expert member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extract from the companies act, 2013 (18 of 2018) 7 of 2017qualifications, terms and conditions of service of chairperson and member417a notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the chairperson and other members of the appellate tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act:provided that the chairperson and member appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force extract from the finance act, 2017 (7 of 2017) s—conditions of service of chairperson and members of tribunals, appellate tribunals and other authoritiesapplication of section 184183 notwithstanding anything to the contrary contained in the provisions of the acts specified in column (3) of the eighth schedule, on and from the appointed day, provisions of section 184 shall apply to the chairperson, vice-chairperson, chairman, vice- chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or, as the case may be, other authorities as specified in column (2) of the said schedule:provided that the provisions of section 184 shall not apply to the chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or, as the case may be, member holding such office as such immediately before the appointed day184 (1) the central government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or, as the case may be, other authorities as specified in column (2) of the eighth schedule:provided that the chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or other authority shall hold office for such term as specified in the rules made by the central government but not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:qualifications, appointment, term and conditions of service, salary and allowances, etc, of chairperson, vice chairperson and members, etc, of the tribunal, appellate tribunal and other authorities provided further that no chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member shall hold office as such after he has attained such age as specified in the rules made by the central government which shall not exceed,— (a) in the case of chairperson, chairman or president, the age of seventy years; (b) in the case of vice-chairperson, vice-chairman, vice-president, presiding officer or any other member, the age of sixty-seven years: (2)neither the salary and allowances nor the other terms and conditions of service of chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or, as the case may be, other authority may be varied to his disadvantage after his appointment(2) neither the salary and allowances nor the other terms and conditions of service of chairperson, vice-chairperson, chairman, vice-chairman, president, vice-president, presiding officer or member of the tribunal, appellate tribunal or, as the case may be, other authority may be varied to his disadvantage after his appointment ———— a billfurther to amend the cinematograph act, 1952, the customs act, 1962, the airportsauthority of india act, 1994, the trade marks act, 1999 and the protection ofplant varieties and farmers' rights act, 2001 and certain other acts————(smt nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—499ls(s3)—28-07-2021

Parliament_bills

ca7d32cc-98dc-578d-98fe-b4160dec32cb

the president's pension (amend- ment) bi~ 1962(as inftodvcid in lok sabra on 1st june, 1962) the president's pension (amendment) bill, 1962 (as introduced in lok sabha) a billto 4mem the president', pension act, 1951 be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 this act may be called the president's pension (amendment) short title act, 1962 30 of 1951 2 section 2 of the president's pension act, 1951 (hereinafter :rc;:t~ referred to as the principal act) shall be re-numbered as sub-section (1) thereof and-(i) in sub-section (1) as so re-numbered, the proviso shall be omitted; and (ii) after sub-section (1) as so re-numbered, the following sub-sections shall be inserted, namely:-u (2) subject to any rules that may be made in this behalf, every such person shall, for the remainder of his life, be entitled-(a) tp secretarial staft and oilce expedlel, the total expenditure on which shall dot exceed twelve thousand rupees per annum; and (b) to medical ttendance and treatment, &ee of charge (3) where any such person is re-elected to the oftlce of president, he shall not be entitled to any benefit under this section for the period during which he again holds that ofbce" a ' 3 in section 4 of the principal act, for the word '"pension", the 01 iiictl_ 4· word "sum" shall be substituted idiutlod of to after section 4 of the principal act, the following section shall s -;:" 1icti01l be inserted, namel~:-power to "5 the central government may, by notification in the rulea omcial gazette, make rules for carrying out the purposes of this act" statement of objects and reasonsunder the president's pension act, 1951, a retiring president of india and the last governor-general are entitled to a pension of rs 15,000/- per annum for life a person holding the high ofbce of president has even after retirement many public calls on him it is, therefore, considered desirable to provide him with secretarial staff and office expenses out of public funds 2 during his term of office, the president is entitled to free medical care and treatment it is considered desirable that he should be entitled to free medical attendance and treatment even after retirement hence, the bill nb'w j)am: the 21st may, 1962 lal bahadur the bill provides for secretarial staff and office expenses at a oost-flot--exceedingrs 12,000 a year it also provides for free medical care and attendance for the retiring president the cost of -such mediealeare and treatment cannot naturally be estimated beforehand -add-will depend on the advice of the medical authorities from tame -totjme ,- memorandum regarding delegated legislationthe proposed section 5 e~p'~wers ~he central govenunent to make rules for carrying out the purposes of the act the niles will prqvidefqr ~, staff which may be engaged for the president and t4eir ~arie, rt4~ will; al8o pe 1i;~~~ • fqr~p~9y1?~ ,tree" mcfjwal attendance and treatment for the retiring president 'the d~~,,~qo i of legislative powers is thus of a normal character annexure the president's pdsion act, 1951 (30 of 1951)[13th may, 1951] an act to provide for the payment of pensions to retiring presidents be it enacted by parliament as follows:-1 this act may be called the president's pension act, 1951 short title z there shall be paid to every person who ceases to hold office ~= ~ 88 president, either by the expiration of his term of office or by licledtl resignation of his office, a pension of fifteen thousand rupees per annum for the remainder of his life: provided that, where any such person is re-elected to that office, no pension shall be payable for the period during which he again holds office as president 3 the provisions of section 2 shall apply to the person who held ~~~ d:-office as the last governor-general of india as they shall apply to vemor- gcany person who ceases to hold office as president delst "" any pension payable under this act shall be charged on the t:=o cqdioudated fund of india od the cod-ioltdated pudd of iqdja - - a bill to amend the president's pension act, 1951 the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill

Parliament_bills

6a5f6396-4ee6-534a-b39b-5d2f7edbaae9

statement of objects and reasonscow is subjected to inhuman cruelty and atrocity resulting in decline in its growth rate and sharp reduction in cow-human ratio it is in the interest of the nation to take effective steps to prevent cruelty to cows, prohibit and punish cruel treatment of cows, including killing of cows, which is the most extreme form of cruelty the proposed legislation was brought before lok sabha by the bjp led nda government during 13th lok sabha the bill, however, could not be introduced due to opposition from certain sections on the gounds, inter-alia, that the bill is ultra vires of the constitution and legislation on the subject is outside the legislative competence of the house however, under article 48 of the constitution, a duty has been cast upon the government to prohibit slaughter of cows and calves acting under this directive principle, the union parliament has got the legislative competence to enact a law on the subject it is, therefore, proposed to enact a uniform central law, namely, the prevention of cruelty to cows act, 2006 under entry 17 of the concurrent list in the seventh schedule to the constitution, inter-alia to prevent cruelty to cow and its progeny and ban on export of cows and prohibition on sale of beef: etc the salient features of the bill are as under:— @ causing injury or killing of cow are being made cognizable and non-bailable offences; (i) there would be restriction on export of cows as well as prohibition on sale of beef or beef products; gil) a provision is being made for the establishment of institutions by state governments, local authorities or non-governmental organisations, when so directed by the government, for the reception, maintenance and care of stray, unprotected, infirm, disabled, diseased, barren or abandoned cows the bill seeks to achieve the above objectives new delhi; bachi singh rawat november 30, 2005 memorandum regarding delegated legislationsub-clause (1) of clause 14 of the bill empowers the central government to make, by notification in the official gazette, rules to carry out the purposes of the proposed legislation the rules may include the rate of fees which may be levied for caring or maintaining cows in institutions established by the state government, a local authority or anon-governmental organisation the matters in respect of which rules may be made are matters of detail and administrative nature and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character

Parliament_bills

052f8922-10bc-5bcf-ac94-954a0f38b823

bill no xii of 2015 the code of civil procedure (amendment) bill, 2015 a billfurther to amend the code of civil procedure, 1908be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the code of civil procedure (amendment) act, 2015 (2) it shall come into force at onceshort title and commencement2 in the code of civil procedure, 1908, after sub-section (1) of section 80, the following proviso be inserted, namely:—amendment of section 805 of 1908510"provided that, if a public officer until the expiration of two months next after notice in writing has been delivered to does not give the reply or grant relief as per law to the plaintiff, which resulting into cause of litigation, such public officer shall be liable to pay the entire expenses of the litigation incurred by the state or the central government, as the case may be, and the responsibility of the public officer shall be fixed in such manner as may be prescribed" statement of objects and reasonssection 80 of the code specifies that no suit shall be instituted against the government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing the objective is to afford an opportunity to the government or the public officer to consider the legal position and to settle the claim put forward by the plaintiff, if the same appears to be just and proper the government or the public officer after obtaining proper legal advice, can take an appropriate decision in the public interest within a period of two months allowed by the section, thereby saving public time and money and settling the claim without driving a person to avoidable litigation the supreme court in bihari chowdhury vs state of bihar (air 1984 sc 1043) held that the objective of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation the administration is often unresponsive and shows no courtesy even to intimate the aggrieved party therefore, such notice has become an empty formality under section 80 the law commission also observed that in most cases, the notice given under section 80 remained unanswered till the expiry of the period of two months and in most cases, the government and public officer utilized the section merely to raise technical defenses contending either that no notice had been given or that the notice actually given, did not comply with the requirements of the section these technical defenses appeared to have succeeded in a number of cases defeating the just claims of citizens the bill seeks to achieve the above objectiveshence, this billavinash rai khanna annexure extracts from the code of civil procedure, 1908 (5 of 1908) 80 notice—(1) [save as otherwise provided in sub-section (2), no suit [shall be instituted] against the government (including the government of the state of jammu and kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been [delivered to, or left at the office of—(a) in the case of a suit against the central government, [except where it relates to a railway], a secretary to that government;[(b)] in the case of a suit against the central government where it relates to railway, the general manager of that railway;][(bb) in the case of a suit against the government of the state of jammu and kashmir, the chief secretary to that government or any other officer authorised by that government in this behalf;](c) in the case of suit against [any other state government], a secretary to that government or the collector of the district;and, in the case of a public officer, delivered to him or left at his office, 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[(2) a suit to obtain an urgent or immediate relief against the government (including the government of the state of jammu and kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the court, without serving any notice as required by sub-section (1), but the court shall not grant relief in the suit, whether interim or otherwise, except after giving to the government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:provided that the court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1)(3) no suit instituted against the government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice—(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice has been delivered or left at the office of the appropriate authority specified in sub-section (1), and(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated] rajya sabha———— a billfurther to amend the code of civil procedure, 1908————(shri avinash rai khanna, mp)

Parliament_bills

8fb6b5ed-feb1-5ad3-afcb-76c8fdea2325

bill no 42,tc,m89 ~'additional duties of excise (goods of special importance) amendment bill, 1989 a billfurthet to amend the additional duties of excise (goods of special importance) act, 19m be it enacted bi' parliament in the fortieth year of 'the 'r~pijbh'c of indis'as follows:- short title and commencement 1,<1) this act may be called the additional duties of excise (go()ds of special importance) amendment act 1989 5 (2f it shall be deemed to have come into force on the 1st daytlfapril amendment ot long title ot act 58 of 1957 1~: z'::irf the additional duties of excise (goods of special impertam:e) act, 1917 (h!reinafter referred to as the principal act), in the long title, for the words, figures and letters "report dated the 30tii day of 10' april, 1984", the words, figures and letters "first report da~~l'~he 29th july',' 1988" shall be substituted 3 'in the principal act, for the se:ond schedule, the fonc:wirl~'sche­dule shill be substituted, namely:-"the second schedule (see section 4) is isubstitution of new sche dule for the second schedule distribution of additional dutiesduring the ftnancial year commencing on the 1st day of april, 1989, there shall be paid to each of the states specified ill eolu1lul (1) of the table below such percentage of the det proceeds of additional duties levied and collected durine the fidancial year in respect of -the goods ·describedl ' column (3) of, the first sebedule, after deducting therefrom a sum equal to 2023 per ceilt of the said proceeds as being attributable to union terrories, as is set out s against it in colum~ (2) of tbe said table: provided that if during the financial year there is levied and ('olleded in any state a tax on the sale or purchase of the goods! described in column (3) of the first schedule, or one or more of them by or under any law of that state, no sums shall be payable 10 to that state under this paragraph in respect of the financial year, unless the central government by special order otherwise directs - ---- -------state percentage (1) (2) is andhra pradesh 7933 0100 • 2711 arunachal pradesh assam' - 8519 bihar 0230 20 609' 2358 goa gujrrat baryana 0652 0916 5581 25 3834 himachal pradesh jammu and kashmir kamataka kerala 7010 -madhya pradesh 11783 maharashtra 0192 manipur meghalaya 0179 30 0061 0127 mizoram nagaland 3680 3478 - 4836 3s 0048 7120 orissa punjab rajasthan sikkim tamil nadu 0279 14109 tripura uttar pradesh west bengal 8330" 40· ____________ r-_~_---------- 1'he net proceeds of the additional duties of excise levied under the additional ooties 01 excise (goods of special importance) act 1957, on sugar, tobacco, edtton fabrics, man-made fabrics and woollen fabrics in replacement of the states' sales tax on these goods are distributed ih accordance with the provisions of that act 2 the eighth finance commission in its final report, dated the 30'th april, 1984 had recommended that the shares of the states in the additional duties of excise in respect of the said goods be distributed by giving equal weightage to state domestic product and population the average state domestic product of the states for the years 1976-77 to 1978-79 and the population as in 1971 census had been adopted by the said commission in arriving at the percentage shares of the states this recommendation was accepted by the government for the period 1~9 and the percentage shares are accordingly in force up to the financial year 1988-89 3 the ninth finance commission in its first report dated the 29th july, 1988 for the financial year 1989-90 has recommended that the shares of the states in the additional duties of excise for the said goods be distributed by giving equal weightage to state domestic product and population the average state domestic product of the states for the years 1982-83 to 1984-85 and the population as in 1971 census have been adopted by the commission in arriving at the percentage shares of the states 4 this bill seeks to amend the additional duties of excise (goods of special importance) act, 1957, for giving effect to the above recommendations of the ninth finance commission new delhi; the 21st april, 1989 s b chavan c~",se 3 ,of th~ ~ se~ks to su'bstit"'te these~olld sep~d1jle, to the addion~l ,d\1t¥!s, ot,~c~~, (f!0qas,of spe~ljtnpot;tw)c:~)a~t, 1~, to prov~de for p~yq')ej1t to, ,sta~~ ,of their sw-re ofaddi,tiq~auties ot ~~iseon sugar, toqii\cco,cotton fal;>r~cs, man-l'ilade fabrics amlw®llen fabrics levied and collected ~er, the said, at;:t in terms of the act ihe, entire nl;!t proceed~, except the proceeds attributable to the uqion -, ' • , '- • ~, • """,' ",'! rl· i" territqries, are distnbutable ,to thj:! states it is estimated that tpe,pay'-uiel)ts to the' states 'on tpisacco\~nt during the year t'98~~ ~i~l amq~t ~() ,rs 1~~904crp~es· " " ," , 2 the bill does not involve a~y non-recurring expenditure extracts from the additional duties of excise (goods or special importance) act, 1957- (58 of 1957) - - - - - an act to provide for the levy and collection of additional duties of e~ on certain goods and for the distribution of a part of the net proc,ps thereof among the states in pursuance of the principles of dia1ribution formulated and the recommendations made by the finance commission in its report dated the 30th day of april, 1984 - - • - - - the second schedule(see section 4) ~i8tribution of a,dditional dune,sucv 1 dur:ng the financial year commencing on the 1st day of april, 1984, there shall be paid to each of the states specified in column 1 of the table below such percentage of the net proceeds of additional duties levied and collected during that financial year in respect of s'ugar, after deducting therefrom a sum equal to 3271 per cent of the said proceeds as being attributable to union territories, as is set out against it in column 2: prqvided that if during that financial year there is levied and collected in any state a tax on the sale or purchase of sugar by or under any law of that state, no sums shall be payable to that state under this paragraph in respect of that iqancjal year, unless the central government by special order otherwise directs --------_ _- - ---percentqe state 2 1 5245 apdhra pradesh assam bi)1ar g",jarat h~ryana ~imachal pradesh 2~ 5933 8742 2666 0860 0831 4901 j~u and kashmir k"rnataka | ••• | 11: ||----------------|---------|| i:;" | || "i" | || _- | || --- | || i | || 2 | || ------ | || kerala | || 3783 | || madhya pradesh | || 6019 | || maharashtra | || 1708z | || manipur | || 0143 | || meghalaya | || 0029 | || nagaland | || 0115 | || orissa | || 2178 | || punjab | || 6220 | || rajasthan | || 4729 | || sikldm | || 0007 | || tamil nadu | || 6449 | || tripura | || 0172 | || uttar | pradesh || ••• | || 13104 | || west bengal | || 8254 | |tobacco 2 during the financial year commencing on the 1st day of april, 1984 there shall be paid to each of the states specified in column 1 of the table below such percentage of the net proceeds of additional duties levied and collected during that financial year in respect of tobacco, after deducting therefrom a sum equal to 2192 per cent of the said proceeds as being attributable to union territories, as is set out aga:nst it in column 2: provided that if during that financial year there is levied and collected in any state a tax on the sale or purchase of tobacco by or under any law of that state, no sums shall be payable to that state under this paragraph in respect of that financial year, unless the central government by special order otherwise directs state percentage 1 2 andhra pradesh assam bihar g'ljarat haryana ~chal pradesh jammu and kashmir karnataka kerala madhya pradesh maharashtra 8018 229'1 7211 6813 27_ 0734 0741 6081 4019 6419 13101 0185 0171 0084 3456 4268 4365 0034 7707 0256 12544 9091 manipur meghalaya nagaland orissa punjab rajasthan sikkim tamil nadu tripura uttar pradesh west bengal --------------3 during the financial year commencing on the 1st day of april fabrics 1984 there shall be paid to each of the states specified in column 1 of the table below s'uch percentage of the net proceeds of additional duties levied and collected during that financial year in respect of cotton fabrics, woollen fabrics and man-made fabrics after deducting therefrom a sum equal to 2192 per cent of the said proceeds as being attributable to union territories, as is set out against it in column 2: provided that if during that financial year there is levied and collected in any state a tax on the sale or purchase of cotton fabrics, woollen fabrics or man-made fabrics or one or more of them by or under any law of that state no sums shall be payable to that state under this paragraph in respect of that financial year, unless the central government by special order otherwise directs ----~---------------------- ---state percentage ------------------- -------------- --1 2 ----- ------andhra pradesh 8018 assam 2297 bihar 7219 gujarat 6013 haryana 27&9 himachal pradesh 0734 jammu and kashmir 0744 karnataka 6081 kerala 4019 madhya pradesh 6419 maharashtra 13506 manipur 0185 meghalaya 0171 _--- ---------nagaland orissa puajab bajalthan 00fjii 3 • 4268 4368 0034 7707 sikldm tamil nadu tripara uttar pradesh west bengal 02m' 12544 9091: sular, 'fobacco iiud fabrics 4 (1) during each of the financial years commencing on and· after the 1st day of april, 1985, there shall be paid to each of the states specified in column 1 of the table below such percentage of the net proceeds of additional dutiesjievied 'and collected during that financial year in respect of the goods described in column 3 of the first sthedule after deducting therefrom a sum equal to 2391 per cent of the' 'hid proceeds as being attributable to union territories, as is set out against it in 'eolumn '2: provided that if during that financial year there is levied and collected in'any state a tax on 'the sale or purchase of the goods described in column 3 of the finltscltedl1le or one or more of them by or under arty law of that state, nb sums shall be payable' to that state under this paragraph 'in' respect of that financial year, unless the central -govetimient by special order dtherwise direc'ts --------- _- ----state percentage -----_- --_ - -- _-----'--1 2 aildhra pradesh assain ----------_ _-----"_-7304 2:h6 862'7 59u 2488 0668' 0 • 5561 3963 i bihar gujarat haryana himachal pradesl! jammu and kashmir k8rnataka kerala madhya pradesh maharashtra msnipur meghalaya 6~942 11461 0178 01 ---------__------------- -~,-~-----nagaland orissa punjab rajasthan sikldm tamil nadu tripura uttar pradesh west bengal 0098 3653 3675 4827 0038 7649 0287 14318 8624 (2) there shall ablo be paid out of the consolidated fund of india to the state of mizoram an amount equal to 0013 per cent of the net proceeds of additional duties durlng the financial year 1986-87 and an amount equal to 0119 per cent of the net proceeds of additional duties during each of the two subsequent financial years (3) there shall also be paid out of the consolidated fund of india to the state of arunachal pradesh an amount equal to 0018 per cent of the net proceeds of additional duties during the financial year 1986-87 and an amount equal to 0168 per cent of the net proceeds of additional duties during each of the two subsequent financial years a bill further to amend the additional duties of excise (goods of special importance) act, 1957 (shri s b chavan, minister of finance)

Parliament_bills

604d6784-71ff-53bc-a4af-bd7deacf88fa

annexureextract from the representation of the people act, 1950 his (43 of 1950) total number of seats in legis_ lative assemblies and assem the state legislative assembles 7(1) subject to the provisions of sub-section (1a) and total number of seats in the legislative assembly of each state sp in the second schedule, to be filled by persons chosen by direct from assembly constituencies and the number of seats, if any, to weserved for the scheduled castes and for the scheduled tribes of state, shall be as shown in that schedule: ~ a tuencies, __ provided that for the period referred to in clause (2) of arti é the total number of seats allotted to the legislative assembl: state of nagaland and shall be fifty-two, of which— 3 (a) twelve seats shall be allocated to the tuensang dis shall be filled by persons chosen by the members of the re 3 council, referred to in that article from amongst themselves in s manner as the governor, after consulting that: counell may, by cation in the official gazette, specify, and -«&,(b) the remaining forty seats shall be filleg by persons | by direct election from assembly constituencies in the rest o state 3 2) sey cas aaa $

Parliament_bills

e887c93f-a6f3-571e-88d5-97e1d578f652

bill no xxxv of 2016 the youth (eradication of unemployment and miscellaneous provisions) bill, 2016 a billto provide for the eradication of unemployment amongst the youth by granting right to work to every eligible youth and for payment of unemployment allowance during the period of unemployment and for making all the sanctioned posts in government employment non-lapsable and free from abolition and establishment of right to work fund for funding unemployment allowance and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called theyouth (eradication of unemployment and miscellaneous provisions) act, 2016short title, extent and commencement5(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state the government of that state and in other cases the central government;(b) "employment exchange" means an employment exchange set up by the appropriate government;(c) "fund" means the right to work fund establishment under section 6;5(d) "government employment" include all the services in the ministries, departments, subordinate offices, bodies, public enterprises, constitutional bodies, educational institutions including universities, colleges, schools etc, health services providers, banks and financial institutions and all such organisation which are under the appropriate government with sanctioned strength of officers and staff;(e) "prescribed" means prescribed by rules made under this act;10(f) "youth" include any human being a male, female or transgender who hasattained the age of eighteen years but not crossed the age of forty five years and who is a citizen of india153 every unemployed youth shall have the right to work to be provided by theappropriate government as a measure of eradication of unemployment subject to the age, educational qualification and ability of the youth as may be prescribed:eradication of unemployment through right to workprovided that the youth seeking employment under this section shall register his namein an employment exchange under the oppropriate governmentgrant ofunemployment allowance204 till such time an employment is provided to the unemployed youth under section 3,the appropriate government shall pay to the youth unemployment allowance not being less than one thousand rupees per week in such manner as may be prescribed:provided that the unemployment allowance under this section shall be stopped withimmediate effect if, the youth secures any work or job either through the employment exchange or of his own or otherwise and his name shall also be removed from the register of the employment exchange255 the provisions of this act shall not apply to any youth,—act not toapply incertain cases(a) who has income, from one or more sources, not less than the amount ofunemployment allowances fixed under section 4;(b) who is covered under any scheme of unemployment allowance prevalent ina state or union territory, as the case may be30establishment of right to work fund6 (1) the central government shall, as soon as may be, by notification in the officialgazette, establish a right to work fund with initial corpus of one lakh crores rupees to be provided by the central government after due appropriation made by parliament by law in this behalf for the purposes of this act and thereafter make such grants to the fund, from time to time as may be required for the purposes of this act35(2) the fund shall also be credited with,—(a) all grants made by the central government and contributions made bygovernments of the states and administrations of the union territories;(b) all voluntary donations made to the fund by individuals, bodies, corporatesand financial institutions etc;40(3) the fund shall be administered for the purposes of this act in such manner as maybe prescribedmiscellaneous provisions457 notwithstanding anything contained in any other law for the time being in force, itshall be the duty of the appropriate government to fill up all the sanctioned posts of government employment within one months of the vacancies arising and no sanctioned post of government employment shall be subject to abolition and lapsing as a matter of policy or for any reason whatsoever of the appropriate government8 the central government shall, after due appropriation made by parliament by law, from time to time, provide requisite funds to the states for the purposes of this actcentral government to provide funds act to have overriding effect59 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force10 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actact to supplement other laws power to make rules11 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsunemployment amongst the youth is the biggest problem of our vast nation today and it is assuming menacing proportions with each passing day millions of educated and qualified youth are unemployed recently media highlighted that a state government invited applications for few posts of peons in response it received nearly five lakh applications and among the aspirants were engineers, technocrats and phd degree holders though the concerned state government ultimately cancelled the process, but this shows the gravity of situation so far as the unemployment in the country is concerned quite a large number of unemployed youth have become desperate due to poverty this situation is being exploited by anti-social and anti-national elements by luring the youth into their net and the youth is choosing the path of violence and crime lack of employment opportunities in the country is also leading to brain drain and exodus of large number of skilled and unskilled youth abroadagriculture sector and government provide majority of jobs but agriculture sector is under stress due to vagary of nature and consistent drought conditions in government the number of vacancies are shrinking year after year in central government there are peculiar rules for instance if a post is not filled for a year it automatically lapses similarly, ten percent of the total vacancies arising in government employment every year stand lapsed then there are voluntary reitrement schemes so the sanctioned strength is decreasing year after year this trend needs to be checked by making it mandatory to fill up all the sanctioned postsit is high time to make concerted efforts for the eradication of unemployment amongst the youth by declaring right to work as fundamental and making it mandatory for the government to provide employment to all the youth in case the government fails to provide employment, it must pay the youth unemployment allowance because constitution of india guarantees to every citizen the fundamental right to life the apex court too has observed that for the right to life, decent livelihood is necessary and if a person is unemployed, he and his family can not enjoy a decent life the bill gives every youth the legal right to work and grants unemployment allowance the bill also provides for the establishment of a right to work fund by the government for the purposes of the billhence this billraj kumar dhoot financial memorandumclause 3 of the bill provides for the eradication of unemployment through right to work clause 4 provides for the grant of unemployment allowance clause 6 provides for the establishment of right to work fund with initial corpus of one lakh crore rupees to be provided by the central government clause 8 makes it mandatory for the central government to provide requisite funds to the states for the implementation of the provisions of the bill the bill if, enacted will involve expenditure from the consolidated fund of india apart from the initial corpus of one lakh crore rupees, it is estimated that a sum of two lakh crore rupees may involve as recurring expenditure per annum no non recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 11 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character————— a billto provide for the eradication of unemployment amongst the youth by granting right towork to every eligible youth and for payment of unemployment allowance duringthe period of unemployment and for making all the sanctioned posts ingovernment employment non-lapsable and free from abolitionand establishment of right to work fund for fundingunemployment allowance and for matters connectedtherewith or incidental thereto—————(shri rajkumar dhoot, mp)gmgipmrnd—4919rs(s3)—10032017

Parliament_bills

5492d4bb-f7b0-5a6d-83d2-a94240753d9e

bill no 58 of 2007 the constitution (amendment) bill, 2007 byshri tapir gao, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint(ii) in clause (2), for the words "tripura and mizoram", the words "tripura, mizoram and arunachal pradesh" shall be substituted3 in fifth schedule to the constitution, in paragraph 1, for the words "tripura and mizoram", the words "tripura, mizoram and arunachal pradesh" shall be substitutedamendment of the fifth schedule4 in the sixth schedule to the constitution,—5amendment of the sixth schedule(a) in the heading, for the words "tripura and mizoram" the words "tripura, mizoram and arunachal pradesh" shall be substituted;(b) in sub-paragraph (1) of paragraph 1, for the words and figures "and in part iii", the words and figures "in part iii and part iv" shall be substituted;10 15(c) in paragraph 17, for the words beginning with "the legislative assembly of assam" and ending with the words "the state of assam or meghalaya or tripura or mizoram", the words " the legislative assembly of assam or meghalaya or tripura or mizoram or arunachal pradesh, the governor may by order declare that any area within an autonomous district in the state of assam or meghalaya or tripura or mizoram or arunachal pradesh" shall be substituted;(d) in paragraph 20—(i) in sub-paragraph (1)—(a) for the words, letter and figures "parts i, ii, iia and iii", the words, letter and figures "parts i, ii, iia, iii and iv", shall be substituted;20(b) after the words "the state of mizoram", the words, "and the state of arunachal pradesh" shall be inserted (ii) in sub-paragraph (2), for the words and figures "any reference in part i, part ii or part iii of the table below", the words and figures "any reference in part i, part ii, part iii or part iv of the table below" shall be substituted; and25(e) in the table, after part iii and the entries relating thereto, the following part and entries thereunder shall be inserted, namely:— "part iv1 anjaw 2 changlang303 dibang valley 4 east kameng 5 east siang 6 lohit 7 lower dibang valley358 lower subansiri 9 kurung kumey10 tawang 11 upper siang 12 upper subansiri 13 tirap4014 west kameng 15 west siang" statement of objects and reasonsarunachal pradesh is a hill state inhabitated predominantly by tribal people the tribals constitute about sixty-four percent of total population of the state many districts of the state are exclusively inhabitated by tribals the areas inhabitated by tribals are inaccessible and therefore remain underdeveloped and have lower socio-economic levels of development the development of tribal people requires immense commitment and resources the tribal people have their own customs and lifestyles which are different from the mainstream any attempt to impose change without the consent of tribal people would hurt their feelings and alienate them and give rise to an apathy towards the policies and programmes of the government therefore, it is necessary that the tribal people be provided with opportunities to manage their affairs themselves the development of tribal areas of arunachal pradesh can best be attained by combining autonomy and development perspective of the government this may be achieved by placing the tribal areas of arunachal pradesh in the sixth schedule to the constitution besides, such a move may give access to special funds of the central government which are so essential for the development of tribal dominated districtshence this billnew delhi;tapir gaoapril 23, 2007 annexure extract from the constitution of india part x the scheduled and tribal areas244 (1) the provisions of the fifth schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any state other than the states of assam, meghalaya, tripura and mizoramadministration of scheduled areas and tribal areas(2) the provisions of the sixth schedule shall apply to the administration of the tribal areas in the states of assam, meghalaya, tripura and mizoram fifth schedule [article 244(1)] provisions as to the administration and control of scheduled areas and scheduled tribes part a generalinterpretation1 in this schedule, unless the context otherwise requires, the expression "state" does not include the states of assam, meghalaya, tripura and mizoram sixth schedule [articles 244(2) and 275(1)] provisions as to the administration of tribal areas in the states of assam, meghalaya, tripura and mizoram1 (1) subject to the provisions of this paragraph, the tribal areas in each item of parts i, ii and iia and in part iii of the table appended to paragraph 20 of this schedule shall be an autonomous districtautonomous districts and autonomous regions 17 for the purposes of elections to the legislative assembly of assam or meghalaya or tripura or mizoram, the governor may by order declare that any area within an autonomous district in the state of assam or meghalaya or tripura or mizoram, as the case may be, shall not form part of any constituency to fill a seat or seats in the assembly reserved for any such district but shall form part of a constituency to fill a seat or seats in the assembly not so reserved to be specified in the orderexclusion of areas from autonomous districts in forming constituencies in such districts tribal areas20 (1) the areas specified in parts i, ii, iia and iii of the table below shall respectively be the tribal areas within the state of assam, the state of meghalaya, the state of tripura and the state of mizoram(2) any reference in part i, part ii or part iii of the table below to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the north-eastern areas (reorganisation) act, 1971: table part iii1 the chakma district 2 the mara district 3 the lai district ———— a billfurther to amend the constitution of india————(shri tapir gao, mp)

Parliament_bills

d9181f0c-2f8d-5eb2-8cf6-9b2dfadaba61

bill no 43 of 2017 the scheduled castes and scheduled tribes sub plans (budgetary allocation and special schemes) bill, 2017 by dr udit raj, mp a billto ensure speedy removal of social and economic disparity through targeted expenditureon special schemes for the welfare and development of the persons belonging to thescheduled castes and the scheduled tribes and for mattersconnected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the scheduled castes and the scheduled tribes sub plans (budgetary allocation and special schemes) act, 2017definitions2 in this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by the rules made under this act; (b) "scheduled castes sub plan" means the process of funds allocation,identification and preparation of exclusive schemes, the expenditure on such schemes and the analysis of its final outcome, for the scheduled castes;510(c) "special schemes" means schemes which focus on individual beneficiaryschemes, family oriented cum income generation schemes for development of persons belonging to the scheduled castes and the scheduled tribes and scheduled castes and scheduled tribes families and schemes for improving the physical and social infrastructure of localities and community infrastructure like special schools for girls and boys, coaching centers, working womens' hostel, special libraries, health and employment; and15(d) "tribal sub plan" means the process of funds allocation, identification andpreparation of exclusive schemes, the expenditure on such schemes and the analysis of its final outcome, for the scheduled tribes3 (1) the central government shall, after due appropriation made by parliament by law in this behalf, make separate budgetary allocation for the welfare and development of persons belonging to the scheduled castes and the scheduled tribes, in proportion to their populationbudgetary allocation for scheduled castes and the scheduled tribes20(2) the budgetary allocations so earmarked under sub-section (1) shall be spent only on special schemes in such manner, as may be prescribed(3) the budgetary allocations under the scheduled castes sub plan and tribal sub plan shall not be diverted for any other purposes or allowed to lapse25(4) for the purposes of this act, the ministry of social justice and empowerment, government of india shall be the nodal ministry for the scheduled castes sub plan and the ministry of the tribal affairs shall be the nodal ministry for tribal sub plan(5) the ministry of social justice and empowerment and the ministry of tribal affairs shall present separate annual budgets and performance budgets for the scheduled castes sub plan and tribal sub plan, respectivelypenalties3033 of 19894 whoever contravenes the provisions of sub-sections (2) or (3) of section 3 shall beguilty of wilful and deliberate act of dereliction of duty and shall be punished under section 4 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 afterfixing the individual responsibility355 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceact to have overriding effectpower to remove difficulties6 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions contained in this act, as may appear to it to be necessary or expedient for the removal of the difficulty:40provided that no such order shall be made after expiry of two years from the date ofcommencement of this actpower to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act4550(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 the 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 statement of objects and reasonsthe legislative efforts undertaken to close the development gap between dalits and adivasis and other date back to 1950, when the constitution provided opportunities for the scheduled castes and the scheduled tribes in the areas of education, employment in public services and electoral seats through the policy of reservation from economic point of view, the most important policies approved so far are the tribal sub plan (stp) and the special component plan (scp), now called scheduled castes sub plan (scsp), executive budget policies, according to which funds and resources are to be reserved across central ministries and departments in the state governments in proportion to the scheduled castes/scheduled tribes population at the national, as per the current census datahowever, close scrutiny of the current situation reveals that these two policies have not been implemented effectively the money earmarked under these policies is diverted for general scheme and does not go for funding of the schemes, exclusively for the benefit of the scheduled castes and the scheduled tribes it is not surprising that dalits and adivasis still remain far away from mainstream development in the country the literacy gap is still quite high and the dropout rate is still high the rate of infant mortality and child mortality under five is higher among the scheduled castes and the scheduled tribes than among other social group; the scheduled castes and the scheduled tribes are still less equipped with the basic requirements for human survival like water and power supply facilities, latrines, sewarage, houses, etc and poverty is still very rampant among themin fact, positive and substantial changes require making appropriate allocation of funds compulsory, their distribution timely and focused and effective management of the funds for the welfare of the scheduled castes/scheduled tribes hence, there is a need to introduce a new piece of legislation with the objective of achieving the holistic and speedy economic development of these communities in order to ensure speedy economic development of the persons belonging to the scheduled castes and the scheduled tribes, it is proposed to give statutory back up to the scsp and stsp and a strict monitoring on their implementation, without diversion of funds earmarked for welfare of the scheduled castes and the scheduled tribeshence this billnew delhi;udit rajapril 13, 2016———— president's recommendation under articles 117(1) and 117(3) of the constitution ————[copy of letter no 16014/01/2016-scd-ii dated 20 february, 2017 from shri thaawarchand gehlot, minister of social justice and empowerment to the secretary general, lok sabha]the president, having been informed of the subject matter of the scheduled castes and scheduled tribes sub plans (budgetary allocation and special schemes) bill, 2017 by dr udit raj, member of parliament, recommends to the house for introduction under article 117(1) and consideration of the bill under article 117(3) of the constitution financial memorandumclause 3 of the bill provides for a separate budgetary allocation by the central government for the welfare and development of the persons belonging to the scheduled castes and the scheduled tribes the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is not possible to estimate the expenditure likely to be incurredno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto ensure speedy removal of social and economic disparity through targeted expenditureon special schemes for the welfare and development of the persons belongingto the scheduled castes and the scheduled tribes and for mattersconnected therewith or incidental thereto————

Parliament_bills

c2075397-bfbc-5013-8113-d3f43a793353

bill no 129 of 2010 the constitution (amendment) bill, 2010 byshri pl punia, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 201052 after article 30 of the constitution, the following heading and article thereunder shall be inserted, namely:—insertion of new article 30a''right to safe and adequate drinking water 30a (1) every citizen shall have access to safe and adequate quantity of drinking waterprovision of safe and adequate drinking water(2) the state shall, within a period of five years from the date of coming into force of the constitution (amendment) act, 2010, provide adequate number of handpumps or piped water connections alongwith installation of required number of water treatment plants in every village or habitation in order to ensure adequate availability of safe drinking water to every citizen" statement of objects and reasonswater is an essential element for the existence of all living beings on earth in our country, there is adequate water in ponds, lakes, rivers and oceans however, in the absence of effective water management policy, river waters and other water bodies remain untapped moreover, due to lack of awareness regarding the importance of water among the common man, the condition of ponds and lakes has been deteriorating for the last several yearsthere is acute shortage of drinking water everywhere in the country including the metropolitan cities in most of the villages, particularly in uttar pradesh, uttarakhand, bihar, madhya pradesh and rajasthan, the villages collect the rainwater in ponds which is utilized by them mainly for drinking purpose due to lack of any other alternative, they are forced to utilize this water which is unhygienic and unfit for human consumptionin a welfare state like ours, it is the duty of the state to fulfil the basic needs of its citizens therefore, the state is required to provide safe drinking water to every citizenif the right to get safe drinking water is made a fundamental right, the state shall have to provide potable water to the citizens otherwise, the rural and urban people will have the right to take recourse to the court collectively or individually with the purpose of compelling the government to provide safe and adequate quantity of drinking water to them such a step shall give a new direction to the government to tackle this serious problem the bill, accordingly, seeks to amend the constitutionnew delhi;pl puniaoctober 25, 2010 financial memorandumclause 2 of the bill provides for giving the citizens the right to potable water and the state shall provide facility of piped water connections or handpumps in every village or habitation the bill, therefore, if enacted, is likely to involve an annual recurring expenditure of about rupees fifteen thousand crore from the consolidated fund of indiaan amount of about rupees seventy crore will also be involved from the consolidated fund of india towards non-recurring expenditure lok sabha———— a billfurther to amend the constitution of india————(shri pl punia, mp)gmgipmrnd—4948ls(s3)—11-11-2010

Parliament_bills

e267b048-2b0d-52f5-9bbc-2bfd3a01af9d

bill no 72 of 2011 the persons with disabilities (equal opportunities and protection of rights and full participation) amendment bill, 2011by shri mk raghavan, mp a billfurther to amend the persons with disabilities (equal opportunities and protection of rights and full participation) act, 1995 be it enacted by parliament in the sixty-second year of the republic of india as follows:— 1 (1) this act may be called the persons with disabilities (equal opportunities and protection of rights and full participation) amendment act, 2011short title and commencement(2) it shall come into force at once"(e) endeavour to provide free education facilities and reservation of seats in educational institutions for the children of persons with disabilities"amendment of section 383 in section 38 of the principal act, after clause (f), the following clause shall be inserted, namely:—"(g) encouraging self-employment among persons with disabilities through provision of loan at concessional rates of interest and providing land, water, electricity and other necessities at subsidised rates;"5amendment of section 674 in section 67 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:—"(3) the appropriate government shall provide free life insurance to every person with disability in such manner as may be prescribed"105 after section 68 of the principal act, the following section shall be inserted, namely:—insertion of new section68a"68a the appropriate government shall, in such manner as may be prescribed, endeavour to provide following facilities to the persons with disabilities,—(i) old age pension of rupees four thousand per month;certain facilities for people with disabilities(ii) adequate quantity of foodgrains at subsidised rates from public distribution system;15(iii) free healthcare facilities from government hospitals funded fully or partially by the government; and(iv) encouraging their employment in private enterprises" statement of objects and reasonsthe persons with physical disabilities have also an equal right to lead a decent life just like others the government has enacted a special legislation for them and some significant improvement has been seen so far but it may be seen that majority of disabled persons still live under pitiable conditions with no assistance from any source these persons suffer a lot in their old age with no income since they are generally poor, they are not able to afford education or medical facilities for their family membersit is, therefore, proposed to provide certain welfare measures for persons with disabilities hence this billnew delhi;mk raghavanaugust 2, 2011 financial memorandumclause 2 of the bill provides for free education facilities for children of persons with disabilities clause 4 provides that the appropriate government shall provide free life insurance scheme of upto rupees one lakh to any person with disability clause 5 provides that the appropriate government shall provide free healthcare facilities, old-age pension and essential commodities at subsidised rates to persons with disabilities the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees two thousand crore per annum will be involveda non-recurring expenditure of about rupees one thousand crore is also likely to be involved annexure extract from the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 chapter v26 the appropriate governments and the local authorities shall—(a) (b) (c) appropriate governments and local authorities to provide children with disabilities free education, etc(d) endeavour to equip the special schools for children with disabilities with vocational training facilities 38 (1) the appropriate governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for—(a) schemes for ensuring employment of persons with disabilities(b) (c) (d) (e) (f) constituting the authority responsible for the administration of the scheme 67 (1) insurance scheme for employees with disabilities(2) notwithstanding anything contained in this section, the appropriate government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities lok sabha————— a billfurther to amend the persons with disabilities (equal opportunities and protection of rights and full participation) act, 1995—————gmgipmrnd—1472ls(s3)—25-08-2011

Parliament_bills

55ca90fa-f171-52c8-a8f9-c87f3e99663d

the trafficking of persons (prevention, protection and rehabilitation) bill, 2018—————— arrangement of clauses—————— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii national anti-trafficking bureau3national anti-trafficking bureau4functions of bureau5investigation by bureau chapter iii state anti-trafficking officers6state nodal officer7state police nodal officer8district police nodal officer9anti-trafficking police officers10anti-trafficking unit chapter iv relief and rehabilitation authorities11national anti-trafficking relief and rehabilitation committee12state anti-trafficking committee13district anti-trafficking committee14powers of district anti-trafficking committee chapter v search, rescue and post-rescue activities15search and seizure16rescue and medical examination of persons17safety, care and protection of person rescued18investigation and evidence19presumption as to offences chapter vi preventive measures20preventive measures by state and district anti-trafficking committeesclauses chapter vii protection and rehabilitation of victims21protection homes22rehabilitation homes23registration24application for providing care and protection25rehabilitation not to be contingent on criminal proceedings chapter viii repatriation26repatriation of victims chapter ix monetary relief and compensation27interim relief28relief chapter x forfeiture and attachment of property29forfeiture and attachment of property chapter xi rehabilitation fund30rehabilitation fund chapter xii offences and penalties31aggravated form of trafficking of persons32punishment for aggravated form of trafficking of persons33trafficking of persons on more than one occasion34punishment for keeping or allowing premises to be used as place for trafficking of persons35closure of premises and eviction of offenders from premises36punishment for promoting or facilitating trafficking of person37punishment for abetment38punishment for omission of duty39buying or selling of any person40hiring or obtaining possession, etc, for trafficking of person41offences related to media42punishment for disclosure of identity43applicability of punishment44punishment for attempt to commit offence under this act45act committed by victim under coercion, compulsion, etc chapter xiii designated courts46designated courts clauses47special public prosecutors48period and manner for recording of evidence of person who is trafficked and disposal of cases49payment to the victim50appeal chapter xiv protection of victim, witness and complainant51protection of victim, witness and complainant chapter xv miscellaneous52cognizance of offences53protection of action taken in good faith54power of central government to make rules55power of state government to make rules56power to remove difficulty57section 360 of the code of criminal procedure, 1973 and the provisions of the probation of offenders act, 1958 not to apply58sections 193, 195, 199 and 203 of indian penal code to apply59act not in derogation of any other law bill no 89 of 2018 the trafficking of persons (prevention, protection and rehabilitation) bill, 2018 a billto prevent trafficking of persons, especially women and children and to provide care,protection and rehabilitation to the victims of trafficking, to prosecute offenders and to create a legal, economic and social environment for the victims and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminaryshort title, extent and commencement(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 appoint; and different dates may be appointed for different states and any reference in any of the provisions to the commencement of this act shall be construed in relation to any state as a reference to the coming into force of that provision in that statedefinitions2 (1) in this act, unless the context otherwise requires,—(a) "anti-trafficking police officer" means a police officer referred to in section 9; (b) "anti-trafficking unit" means a unit set up in the districts by the appropriate government under section 10;(c) "appropriate government" means, in respect of matters relating to,—5(i) a union territory without legislature, the central government; (ii) the union territories with legislature, the government of the national capital territory of delhi or, as the case may be, the government of union territory of puducherry;10(iii) a state, the state government;(d) "bureau" means the national anti-trafficking bureau established by the central government under sub-section (1) of section 3;(e) "child" means a person who has not completed the age of eighteen years; (f) "child welfare committee" shall have the meaning assigned to it in section 27 of the juvenile justice (care and protection of children) act, 2015;2 of 201615(g) "designated court" means a court designated under section 46; (h) "district anti-trafficking committee" means a committee constituted by the appropriate government under section 13;(i) "district police nodal officer" means a police officer referred to in section 8;20(j) "magistrate" means a district magistrate or additional district magistrate or a sub-divisional magistrate;61 of 1985(k) "narcotic drugs" and "psychotropic substances" shall have the meanings, respectively assigned to them in the narcotic drugs and psychotropic substances act, 1985;25(l) "national anti-trafficking relief and rehabilitation committee" means a committee established by the central government under sub-section (1) of section 11;(m) "notification" means a notification published in the official gazette and the term notify shall be construed accordingly;30(n) "premises" means any building, conveyance, land, location, place, structure or any part thereof and includes any source, transit or destination of trafficking;(o) "prescribed" means prescribed by rules made by the appropriate government under this act;(p) "protection home" means the protection home referred to in sub-section (1) of section 21;35(q) "rehabilitation" means all measures and processes of physical, psychological and social well-being of a person who is trafficked and includes access to education, skill development, health care including psychological and physiological support, medical services, economic empowerment, legal aid and assistance, safe and secure accommodation;40(r) "rehabilitation fund" means the fund established under sub-section (1) of section 30;(s) "rehabilitation home" means the rehabilitation home, referred to in sub-section (1) of section 22;(t) "state nodal officer" means an officer appointed by the state government under sub-section (1) of section 6;(u) "state anti-trafficking committee" means a committee established by the appropriate government under sub-section (1) of section 12;5(v) "state police nodal officer" means a police officer appointed by the stategovernment under sub-section (1) of section 7;45 of 1860(w) "trafficking of person" shall have the meaning assigned to it insub-section (1) of section 370 of the indian penal code;10(x) "victim" means any person on whom an offence of trafficking has beencommitted or attempted by any other person or persons:provided that for the purpose of receiving compensation or relief under this act, any dependent or legal heir, as the case may be, of a deceased victim, shall also be construed as a victim15(2) the words and expressions used but not defined in this act but defined in the indian penal code, the code of criminal procedure, 1973, the information technology act, 2000 and the juvenile justice (care and protection of children) act, 2015 shall have the meanings respectively assigned to them in those acts45 of 1860 2 of 1974 21of 2000 2 of 2016 chapter ii national anti-trafficking bureau203 (1) the central government shall, by notification, establish a bureau to be calledthe national anti-trafficking bureau for exercising the powers and discharging its functions under this actnational anti- trafficking bureau(2) the bureau shall have police officers and other officers of such appropriate ranks, as may be necessary, for the discharge of its functions25(3) the manner of selection, deputation, functioning and reporting of the officers andemployees of the bureau shall be in such as may be prescribedfunctions of bureau4 the bureau shall perform the following functions in relation to trafficking of persons, namely: —30(i) co-ordinate and monitor surveillance and preventive efforts along with theknown or probable routes;(ii) facilitate surveillance, enforcement and preventive steps at source, transitand destination points;(iii) maintain co-ordination between various law enforcement agencies andnon-governmental organisations and other stakeholders;35(iv) strengthen the intelligence apparatus to improve the collection, collation,analysis and dissemination of operational intelligence;40(v) increase international co-operation and co-ordination with concernedauthorities in foreign countries and international organisations, in operational and long term intelligence in investigation, mutual legal assistance, to facilitate universal action for prevention and suppression and to implement any obligation under the various international conventions and protocols that are in force in respect of counter measures;(vi) co-ordinate actions and enforcement by various bodies or authoritiesestablished under this act;45(vii) co-ordinate actions taken by the concerned ministries, departmentsorganisations of the government, especially linking the source of transit to destination and connecting all stakeholders;(viii) review measures for combating, preventing and formulating co-ordinatedstrategy of action by various law enforcement agencies;(ix) make sustained efforts for capacity building and training of agencies;5(x) bring out resource material including education curriculum for children,panchayat raj institutions, enforcement agencies, judicial officers and other stakeholders;(xi) co-ordinate investigating activities among the districts, states and withother countries in case of cross-border trafficking of persons;10(xii) co-ordinate the investigation, where international ramifications are reportedor suspected;(xiii) co-ordinate investigation, where inter-state ramifications are reported orsuspected across two or more states or union territory administrations;(xiv) undertake and facilitate other investigators for investigating offencesfrom the organised crime perspective;15(xv) develop and monitor a database on every crime under this act; (xvi) co-ordinate with any national or international investigating or lawenforcement agencies and civil society organisations;(xvii) facilitate inter-state and international transfer of evidence in investigationas well as video conferencing in judicial proceedings;20(xviii) facilitate frequent meetings of the state police nodal officers to facilitate,monitor and evaluate the establishment and functioning of anti-trafficking units;(xix) provide necessary support for investigation by the anti- trafficking units,where such requests are made;25(xx) undertake steps to enhance the professional skills of anti-trafficking policeofficers, anti-trafficking units and all concerned with the investigation and prosecution of cases;(xxi) facilitate inter-state and trans-border transfer of evidence and materials,witnesses and others for expediting prosecution;30(xxii) protection of witnesses, where referred by any state government, victims,complainants and affected families, as the case may be;(xxiii) undertake steps for timely and effective action on post-rescue care andprotection of any person who is trafficked, including steps towards rehabilitation by the concerned agencies, so that their rights are ensured, and that they are not retrafficked;35(xxiv) monitor and facilitate victim and witness protection protocols, rules andprocedures including video conferencing during trial of offences which have ramifications across states and beyond borders; and(xxv) develop minimum standards of care and advice for all concerned, in mattersof complianceinvestigation by bureau405 (1) the bureau may take over investigation of any offence under this act, wherereferred to it by two or more states(2) where an offence is referred to the bureau under sub-section (1), the state government shall not proceed with the investigation of the offence and shall forthwith transmit the relevant documents and records to the bureau45(3) for the removal of doubts, it is hereby declared that till the bureau takes up theinvestigation of the case, it shall be the duty of the officer-in-charge of the police station to continue the investigation of an offence under this act(4) while investigating any offence under this act, the bureau, having regard to the gravity of the offence and other relevant factors, may—(a) if it is expedient to do so, request the state government to associate with theinvestigation; or5(b) with the previous approval of the central government, transfer the case tothe state government for investigation and trial of the offence(5) while investigating any offence under this act, the bureau may also investigate any other offence under any law for the time being in force, which the accused is alleged to have committed, if the offence is connected with such other offence10(6) the state government shall extend assistance and co-operation to the bureau forinvestigation of an offence under this act(7) save as otherwise provided in this act, nothing contained in this act shall affect the powers of the state government to investigate and prosecute any offence under this act or other offences under any other law for the time being in force15 chapter iii state anti-trafficking officersstate nodal officer6 (1) the state government shall appoint a state nodal officer, not below the rank of director in the state government20(2) the state nodal officer shall be responsible for follow up action under this act, asper the directions of the state anti-trafficking committee and co-ordinate with othergovernment agencies and civil society organizations(3) the state nodal officer shall provide relief and rehabilitation services through district anti-trafficking unit and other government agencies as well as civil society organisations25(4) the state nodal officer shall liaison with the state police nodal officer and thenational anti-trafficking relief and rehabilitation committee, for all matters relating to relief and rehabilitation7 (1) the state government shall appoint a state police nodal officer of such rank as may be specified by that governmentstate police nodal officer30(2) the state police nodal officer shall be responsible for all the activities in theprevention and combating of trafficking of persons in the state and shall also monitor the functioning of anti-trafficking police officers and anti-trafficking units in the state35(3) the state police nodal officer shall also co-ordinate and monitor inter-state andtrans-border transfer of persons rescued, witnesses, evidence and offenders under this act(4) the state police nodal officer shall liaison with state nodal officer and shall perform such other functions as may be prescribeddistrict police nodal officer408 (1) the state government shall designate one police officer not below the rank of superintendent of police of the district to be the district police nodal officer on matters relating to trafficking of persons and responsible for all the activities in the district concerned and perform such other functions as may be prescribed45(2) the district police nodal officer shall be the convener of the district anti-trafficking committee and shall report to the state police nodal officer in every matter relating to an offence of trafficking of persons including rescue, investigation and inter-state transfer of a person who is trafficked and the offenders(3) the district police nodal officer shall monitor the functioning of anti-trafficking unit and provide necessary assistance to them for the effective discharge of their duties9 (1) the state government shall designate for each district such number of anti-trafficking police officers for matters related to trafficking of persons, including prevention of trafficking, rescue and protection of the victims, investigation and prosecutionanti- trafficking police officers5(2) the state government shall designate for each district such number of anti-trafficking police officers for matters related to trafficking of persons, including prevention of trafficking, rescue and protection of the victims, investigation and prosecutionanti- trafficking unit1010 (1) the appropriate government shall set up for each district or a group of districts, such number of anti-trafficking units, for dealing with all matters of prevention, rescue, protection and care of victims and witnesses and of investigation and prosecution of any offence under this act(2) every local police station shall, where anti-trafficking unit is not functional, undertake every activity in matters of rescue, investigation, prevention and protection of persons trafficked under this act15(3) the state government shall appoint for every anti-trafficking unit such number of subordinate police officers including women police officers as it deems necessary for the discharge of the functions of the anti-trafficking unit and vest in them with all the powers to investigate any offence committed within its local jurisdiction under this act:2 of 197420provided that the officer-in-charge of a police station after registering the first information report under section 154 of the code of criminal procedure, 1973, shall take all necessary steps for immediate rescue and protection and then transfer the case to the anti- trafficking unit chapter iv relief and rehabilitation authorities2511 (1) the central government shall establish a national anti-trafficking relief and rehabilitation committee, by notification for providing relief and rehabilitation services to the victimsnational anti- trafficking relief and rehabilitation committee(2) the composition of the national anti-trafficking relief and rehabilitation committee shall be as follows, namely:—(i) secretary, ministry of women and child development - chairperson;30(ii) representative, ministry of home affairs - member;(iii) representative, ministry of external affairs - member; (iv) representative, ministry of labour and employment - member; (v) representative, ministry of social justice and empowerment - member; (vi) representative, ministry of panchayati raj - member; (vii) representative, ministry of health and family welfare - member;35(viii) representative, legislative department - member; (ix) four representatives from registered civil society organisations active in the prevention, rescue and rehabilitation of victims - members;40(x) such other representatives of the ministries or departments or experts representing different states, as may be prescribed - members; and(xi) head, national anti-trafficking bureau - member secretary(3) the national anti-trafficking relief and rehabilitation committee shall perform the following functions, namely:—45(i) facilitate and ensure rehabilitation and relief services including compensation, repatriation, re-integration to the victims through concerned ministries, departments and statutory bodies;(ii) provide for protection homes and rehabilitation homes to enable the immediate and long term sustainable rehabilitation of victims;(iii) ensure the effective co-ordination between the concerned authorities bothwithin the country as well as with other countries for the repatriation of victims;5(iv) seek reports from appropriate government, state anti-trafficking committee,district anti-trafficking committee, on the quality of services and the functioning of the protection homes and rehabilitation homes;(v) maintain and monitor the rehabilitation fund established under section 30;and(vi) perform such other functions as may be prescribed10state anti- trafficking committee12 (1) the appropriate government shall establish a state anti –trafficking committee to oversee the implementation of this act and advise the state government and district anti-trafficking committees on matters relating to prevention of trafficking, protection, repatriation and rehabilitation of victims15(2) the state anti-trafficking committee shall consist of the following, namely:—(i) chief secretary - chairperson; (ii) director general of police - member; (iii) secretary, department of women and child - member; (iv) secretary, home department - member; (v) secretary, labour department - member;20(vi) secretary, health department - member; (vii) secretary, state legal services authority - member; (viii) secretary, law department - member; (ix) protector of emigrants, ministry of external affairs - member;25(x) state police nodal officer - member; (xi) two social workers out of which one shall be a woman - member;(xii) such other persons as may be prescribed - members; and (xiii) state nodal officer - member secretary30(3) the state anti-trafficking committee shall perform the following functions, namely:—(i) identify the roles and responsibilities of each department at state or districtlevel for effective implementation of the act and the rules made thereunder;(ii) arrange for appropriate training and sensitisation of functionaries of allpersonnel including governmental and non-governmental;35(iii) develop effective networking and linkages with local non-governmentalorganisations for specialised services and technical assistance like vocational training, education, healthcare, nutrition, mental health intervention, drug de-addiction and legal aid services;(iv) review and monitor the functioning of the district anti-traffickingcommittee;40(v) make necessary funds available to the district anti-trafficking committeefor providing or setting up of required facilities for the implementation of the act; and(vi) perform such other functions and duties as may be prescribed(4) the state anti-trafficking committee shall co-ordinate with bureau and national anti-trafficking relief and rehabilitation committee to provide all necessary assistance and inputs as may be required to prevent offences of trafficking of persons especially, those that have inter-state and international ramifications and have features of an organised crime5district anti- trafficking committee13 (1) the appropriate government shall, by notification, constitute for every district, a district anti-trafficking committee for exercising the powers and performing such functions and duties in relation to prevention, rescue, protection, medical care, psychological assistance and need-based rehabilitation of victims10(2) the district anti-trafficking committee shall consist of the following, namely:—(i) district magistrate or additional district magistrate - chairperson; (ii) district officer for women and child development - member; (iii) representative, district legal services authority - member; (iv) representative, child welfare committee - member;15(v) two civil society organisations or non-governmental organisations working in the field of prevention of trafficking and related issues - members;(vi) such other members as may be prescribed - members; and (vii) district police nodal officer - member secretary20(3) the district anti-trafficking committee shall perform the following functions, namely :—(i) direct and facilitate the person in-charge of the protection home or rehabilitation home, as the case may be, to submit an individual care plan to it;25(ii) ensure care, protection, appropriate rehabilitation or restoration of all victims, based on each victims' individual care plan by passing necessary directions to protection homes and rehabilitation homes;(iii) co-ordinate with other state departments and panchayati raj institutions, to keep a check on the children who drop out from schools and those children who are covered by various schemes and have stopped accessing the benefits of those schemes and inform such cases to the state anti-trafficking committee and take appropriate actions;30(iv) facilitate in a time bound manner or in the manner as may be prescribed, the inter-state repatriation of victims or persons subjected to bonded labour;35(v) facilitate survey of the areas and vulnerable population to identify source, transit and destination areas of trafficking of persons and based on the information received, draw up an action plan for the prevention and protection of people who are vulnerable to trafficking and implementation of the action plan;(vi) create programmes for awareness generation, community mobilisation and empowerment of vulnerable social groups against trafficking of persons;40(vii) assist the anti-trafficking police officer, the anti-trafficking unit or the local police, as the case may be, in conducting rescue operation, transferring victims to the nearest protection home, in connection with prevention of trafficking of persons, protection of victims and their rehabilitation, etc; and(viii) such other functions as may be prescribed(5) the district anti-trafficking committee shall furnish a report to the state anti-trafficking committee on quarterly basis5powers of district anti- trafficking committee2 of 201614 the district anti-trafficking committee shall have the final authority to disposeof cases for the care, protection, treatment, development and rehabilitation of the victims under this act and in case of child victim, the provisions of the juvenile justice (care and protection of children) act, 2015 shall apply chapter v search, rescue and post-rescue activities2 of 1974search and seizure1015 the provisions of the code of criminal procedure, 1973 shall mutatis mutandisapply in relation to a search and seizure in respect of an offence under this actrescue andmedical examination of persons1516 (1) where a police officer or anti-trafficking police officer or anti-traffickingunit has reason to believe that it is necessary to rescue a person without undue delay due to the imminent danger that may cause to his life and person, he or it may remove such person from any place or premises and produce him before the magistrate or child welfare committee, as the case may be, and shall take all necessary steps for the medical examination of such person for the purposes of determination as to the age, the assessment or detection of trauma, injury or illnesses incidental thereto2 of 1974 32 of 201220(2) the provisions of section 164a of the code of criminal procedure, 1973 andsection 27 of the protection of children from sexual offences act, 2012 shall mutatis mutandisapply in relation to a medical examination of any person under this section(3) the anti-trafficking police officer or anti-trafficking unit or the police officer, as the case may be, shall inform the district anti-trafficking committee about the rescue conducted under this section and the said committee shall take appropriate actions for providing interim relief and further rehabilitation services to the person rescued25safety, care and protection of person rescued17 (1) the district anti-trafficking committee shall assist the anti-trafficking policeofficer or the anti-trafficking unit or any police officer, as the case may be, in rescue operation and transferring any person to the nearest protection home or any other suitable institution, as deemed fit30(2) the anti-trafficking police officer or anti-trafficking unit or any police officer,as the case may be, shall produce the person rescued before the magistrate or the child welfare committee, as the case may be, without any delay but within twenty-four hours of the rescue35(3) the magistrate may, after making an inquiry as to the age of the person rescued and if it is found that the person is a child, pass such orders as he deems necessary for the care and protection of the person(4) where the magistrate is satisfied, after making an inquiry as to the age of the victim and it is found that the victim is not a child, the magistrate may, make an order that the victim be placed,for such reasonable period, in a rehabilitation home:40provided that, if the victim or any person rescued is not a child and he voluntarilymakes an application supported by an affidavit for his release and if the magistrate is of the opinion that such application has not been made voluntarily, the magistrate may reject such application after recording his reasons in writing45(5) in discharging the functions under this section, a magistrate may summon amental healthcare professional, or psycho social counsellor, or clinical psychologist, or psychotherapist, as the case may be, to assist him and may, for this purpose, in consultation with the district anti-trafficking committee and district legal services authority, maintain a list of experienced social workersinvestigation and evidence18 (1) the anti-trafficking police officer or anti-trafficking unit or any police officer, as the case may be, shall ensure that investigation including search and seizure must be conducted in accordance with the provisions of the code of criminal procedure, 1973, and any other law for the time being in force2 of 19745(2) notwithstanding anything contained in the code of criminal procedure, 1973, the anti-trafficking police officer or the officer-in-charge of the police station, as the case may be, shall forward the report on completion of investigation to the court having jurisdiction within ninety days from the date of registration of first information report10(3) the investigating officer, while forwarding the report on completion of investigation of an offence under this act, punishable with imprisonment of more than two years, has reason to believe that any amount suspected to have been obtained by the accused by way of commission of the offence and held by him in any bank account, the investigating officer may submit an application before the designated court for freezing of such amount15(4) the designated court, on satisfaction, after an inquiry made in this behalf, may freeze such amount in any such bank account and may, upon conviction, order that such amount lying in such bank account, shall be remitted to the rehabilitation fundpresumption as to offences2019 where a person is prosecuted for committing or abetting or attempting to commit any offence under this act in respect of a child or a woman or a person suffering from physical or mental disability, unless it is specified, the designated court shall presume that such person has committed or abetted or attempted to commit the offence, as the case may be, unless the contrary is proved chapter vi preventive measures2520 (1) the state and the district anti-trafficking committees shall undertake all measures and recommend strategies and plans to protect and prevent vulnerable persons from being trafficked(2) the measures referred to in sub-section (1) shall include—preventive measures by state and district anti- trafficking committees30(i) co-ordinating the implementation of all the programmes, schemes and plansrelating to the prevention of trafficking of persons with any statutory bodies, organisations or agencies as well as panchayati raj institutions;(ii) facilitating the implementation of livelihood and educational programmesfor vulnerable communities;(iii) facilitating the implementation of programmes and schemes sponsored by various ministries and departments of the appropriate government;35(iv) co-ordinating with corporate sector to implement various schemes,programmes for the prevention of trafficking of persons;(v) ensuring accountability of the concerned agencies, by regular review andappropriate action;(vi) developing appropriate law and order framework to ensure prevention oftrafficking of persons;40(vii) undertaking vulnerability mapping of the state and give focus and attentionto the challenging areas;(viii) commissioning independent research on various aspects of traffickingand ensure follow up action;45(ix) organising interface between law enforcement agencies, other governmentdepartments and agencies with the voluntary organisations or non-governmental organisations in matters of prevention of trafficking of persons;(x) preparing an annual report on trafficking of persons in the state;5(xi) co-ordinating with the bureau and other state anti-trafficking committees,especially with those states where source-transit-destination linkages exist, and undertake all activities for joint action programmes by bringing in common policies and programmes;(xii) linking with the bureau and the central government and other concernedagencies, in case of trans-border trafficking of persons and ensure appropriate action chapter vii protection and rehabilitation of victims10protection homes21 (1) the appropriate government shall maintain either directly or through voluntaryorganisations or non-governmental organisations as many protection homes as necessary and to be managed in the manner, as may be prescribed for the immediate care and protection of the victims or any person rescued15(2) the protection homes shall provide for shelter, food, clothing, counselling andmedical care that is necessary for the victims or any person rescued and such other services in the manner, as may be prescribedrehabilitation homes2022 (1) the appropriate government, as it deems fit, shall maintain either directly orthrough voluntary organisations or non-governmental organisations, one or more rehabilitation homes in each district managed in the manner as may be prescribed for the purpose of providing long-term rehabilitation of victims or any person rescued(2) the appropriate government may also utilise any existing shelter home for the purposes of rehabilitation under sub-section (1)registration2523 (1) notwithstanding anything contained in any other law for the time being inforce, a protection home and rehabilitation home shall be registered under this act in such manner as may be prescribed by the appropriate government(2) if any person in-charge of protection home and rehabilitation home providing shelter and rehabilitation to victims or any person rescued contravenes any of the provisions of sub-section (1), he shall be punished with imprisonment which may extend to one year or with fine which shall not be less than one lakh rupees, or with both30application for providing care and protection24 (1) a victim or any person rescued on behalf of him may make an application to themagistrate within the local limits of whose jurisdiction the victim or such other person is trafficked or suspected to be trafficked for an order that he may be kept in a rehabilitationhome:2 of 201635provided that in case the victim or any person rescued is a child, the provisions of the juvenile justice (care and protection of children) act, 2015 shall apply(2) the magistrate may, pending inquiry under sub-section (3) or sub-section (4) of section 17 having regard to the circumstances of the case direct that the victim or any person rescued to be kept in such care and protection as he may consider proper40(3) the magistrate shall consult the district anti-trafficking committee before taking a final decision with respect to the rehabilitation of the victim or such other person25 where the person rescued is a victim, the district anti-trafficking committee shall ensure that the rehabilitation of the person is not contingent upon criminal proceedings being initiated against the accused or the outcome thereofrehabilitation not to be contingent on criminal proceedings chapter viii45 repatriationrepatriation of victims26 (1) the district anti-trafficking committee or the child welfare committee, as the case may be, shall be responsible for the repatriation of victims by co-ordinating with their counterparts in any other district(2) where the state anti-trafficking committee is of the opinion that a victim from a foreign country needs to be repatriated to the country of origin, it may deal with the matter under any law for the time being in force5(3) the state nodal officer shall obtain informed written consent from the victim for repatriation purposes, and where needed, shall make arrangements for the counselling of the victim by trained psycho-social professionals10(4) the repatriation of the victims shall be completed within three months for inter-state repatriation, and within six months in case of cross border repatriation, from the date of rescue by the district anti-trafficking committee, or the child welfare committee, or state police nodal officer, as the case may be:provided that any delay in repatriation shall be recorded for reasons in writing and shall be reported to the national anti-trafficking relief and rehabilitation committee and the bureau forthwith chapter ix15 monetary relief and compensationinterim relief2027 (1) upon application for interim relief by the victim, the district anti-traffickingcommittee or child welfare committee, as the case may be, shall take immediate steps to award interim relief to the victim as deemed appropriate not later than thirty days, taking into consideration all aspects, including physical, mental trauma and the other requirements of the victim(2) the appropriate government shall provide adequate funds at the disposal of the district anti-trafficking committee for the purposes under sub-section (1), within a period of one month from the date of commencement of this actrelief2528 (1) the district anti-trafficking committee shall take steps to ensure thatappropriate relief is provided to the victim, within sixty days from the date of filing of charge-sheet(2) the relief amount shall be in addition to any other compensation including any amount or benefit payable by way of any scheme of the appropriate government or pursuant to any order of the court under any law for the time being in force30 chapter x forfeiture and attachment of propertyforfeiture and attachment of property3529 (1) where any property is, or is likely to be, used for the commission of an offenceunder this act and the property is concealed, transferred or dealt with, in any manner which may result in frustrating any proceedings under this act, the designated court may attach such property:provided that the designated court shall give an opportunity to be heard to the person who is the owner or occupier of the property40(2) where a person has been convicted of any offence under this act, the designated court shall, in addition to awarding any punishment, declare that any property, movable or immovable or both, belonging to such person or held by any person on his behalf, which has been used for the commission of that offence or accrued thereby, or which has been attached under sub-section (1), shall stand forfeited to the appropriate government and the same may be authorised for the purpose of realisation of any fine imposed by the designated court and the proceeds shall be remitted to the rehabilitation fund chapter xi rehabilitation fundrehabilitation fund530 (1) there shall be constituted a fund by the central government to be called the rehabilitation fund for the welfare and rehabilitation of the victims under this act and there shall be credited thereto —(a) any grants and loans made by the appropriate government; (b) any voluntary donations, contributions or subscriptions, whether or not forany specific purpose as may be decided upon by the central government;102 of 1974(c) any fine recovered for the commission of an offence under this act whichmay include recovery of fine specified in section 421 of the code of criminal procedure, 1973;(d) the amount seized from any bank account frozen under sub-section (4) of section 18; and(e) any other sums as may be received15(2) the state government may supplement the rehabilitation fund(3) the rehabilitation fund shall be utilised under this act by the appropriate government for —(i) the establishment and administration of protection homes and rehabilitationhomes;20(ii) supporting innovative programmes for the welfare and rehabilitation of thevictims;(iii) strengthening legal assistance and support; (iv) providing entrepreneurial support, skill development training or vocationaltraining;25(v) providing aftercare facilities for capital and infrastructure to the victims whoare ready to integrate into mainstream society by setting up small business or profession;(vi) providing victim and witness protection;30(vii) awareness generation programmes for the prevention of trafficking ofpersons;(viii) creating community-based programmes to identify, report and preventtrafficking of persons;35(ix) providing specialised professional services, counsellors, translators,interpreters, social workers, mental health care professionals, vocational trainers or such other specialised professionals for the victims; and(x) any other activity which may be required for effective implementation of thisact(4) the rehabilitation fund shall be maintained and monitored by the national anti-trafficking relief and rehabilitation committee40(5) the rehabilitation fund shall be made available to the state and district anti-trafficking committees towards prevention, protection and prosecution of matters relating to trafficking of persons2 of 197445(6) any fine recovered for the commission of an offence under this act shall also be remitted to the rehabilitation fund which includes recovery of fine specified in section 421 of the code of criminal procedure, 1973(7) the generation, dissemination and utilisation of fund shall be regulated in the manner as may be prescribed by the central government chapter xii offences and penalties31 notwithstanding anything contained in any other law for the time being in force, whoever commits an offence of trafficking of person—5aggravated form of trafficking of persons(i) for the purpose of forced labour or bonded labour by using violence,intimidation, inducement, promise of payment of money, deception or coercion or by subtle means including, allegations of accumulated debt by the person, retention of any identity paper, threats of denunciation to authorities; or10(ii) for the purpose of bearing child, either naturally or through assistedreproductive techniques; or(iii) by administering any narcotic drug or psychotropic substance or alcoholon a person for the purpose of trafficking or forcing him to remain in exploitative condition; or15(iv) by administering any chemical substance or hormones on a person for thepurpose of early sexual maturity; or(v) for the purpose of marriage or under the pretext of marriage trafficks awoman or child after marriage; or(vi) by causing serious injury resulting in grievous hurt or death of any person,including death as a result of suicide as a consequence of trafficking of person; or20(vii) who is a pregnant woman or the offence results in pregnancy of the person;or(viii) by causing or exposing the person to a life-threatening illness includingacquired immuno deficiency syndrome or human immuno deficiency virus; or(ix) for the purpose of begging; or2514 of 1987 49 of 2016(x) who is a mentally ill person as defined in clause (l) of section 2 of the mentalhealth act, 1987 or a person with disability as defined in clause (s) of section 2 of the rights of persons with disabilities act, 2016, or as a consequence of trafficking, the person becomes mentally ill or disabled; or30(xi) by encouraging or abetting any person to migrate illegally into india orindians in to some other country, is said to commit an offence of aggravated form of trafficking of the person3532 whoever commits the offence of aggravated form of trafficking of a person shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than one lakh rupeespunishment for aggravated form of trafficking of persons trafficking of persons on more than one occasion33 whoever is convicted of the offence of trafficking on more than one occasion shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine which shall not be less than two lakh rupees34 (1) whoever keeps or manages, or acts or assists in the keeping or management of a premises to be used as a place for trafficking of any person shall be punished with rigorous imprisonment for a term which may extend to five years and also with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with rigorous imprisonment for a term which shall not be less than seven years and with fine which may extend to two lakh rupeespunishment for keeping or allowing premises to be used as place for trafficking of persons(2) whoever—(i) being a tenant, lessee, occupier or person in-charge of any premises, uses, or knowingly allows any other person to use, the premises or any part thereof as a place for trafficking of persons; or5(ii) being the owner, lessor or landlord of any premises, or the agent of such owner, lessor, or landlord, lets out the same, or any part thereof with the knowledge that the same or any part thereof is intended to be used as a place of exploitation of the victim, or is wilfully a party to the use of the premises or any part thereof as a place for trafficking of persons, shall be punished on first conviction with imprisonment for a term which may extend to three years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and with fine which may extend to two lakh rupees1015explanation - for the purposes of sub-section (2), it shall be presumed until thecontrary is proved that any person referred to in clause (i) or clause (ii) of that sub-section has not exercised due diligence in allowing to use or letting out the premises or in allowing the premises or any part thereof to be used as a place of exploitation or, as the case may be, and has knowledge that the premises or any part thereof was being used as a place of exploitation of the victim20(3) notwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clause (i) or clause (ii) of sub-section (2) of any offence under this act in respect of any premises or any part thereof, any lease or agreement under which such premises have been leased out or held or occupied at the time of the commission of the offence, shall become void with effect from the date of the said conviction25closure of premises and eviction of offenders from premises35 (1) notwithstanding anything contained in any other law for the time being in force, the magistrate shall, on receipt of information from the police or otherwise, that any premises or any part thereof is being used for the purpose of trafficking of persons, issue notice to the owner, lessor or landlord of the premises or part thereof, or the agent of the owner, lessor or landlord, or on the tenant, lessee, occupier of, or any other person in charge of such premises or part thereof, to show cause within seven days of the receipt of the notice why the same should not be sealed or attached for improper use thereof; and, after hearing the person concerned, if the magistrate is satisfied that the premises or part thereof is being used for trafficking of persons, then, the magistrate may pass an order—30(i) directing eviction of the occupier or any person from the premises, withinseven days of the passing of the order;35(ii) directing that the owner, lessor, or landlord, or the agent of the owner, beforeletting out the premises or any part thereof, which, during the rescue or search has been found to be used for the purpose of trafficking, shall obtain the previouspermission of the magistrate and the magistrate shall pass appropriate orders within thirty days from the date of order and where no permission is granted within such period, the permission shall be deemed to have been granted40 45(2) if the magistrate, after the notice issued under sub-section (1), finds that thepremises or any part thereof was used for trafficking of any person, the owner, lessor, landlord the agent of the owner, lessor, landlord exercised due diligence in letting out premises or any part thereof, then, the same shall be restored to the owner, lessor or landlord, or the agent of the owner or lessor or landlord as the case may be, with an undertaking that the premises or any part thereof shall not be leased out, or otherwise given possession of, or for the benefit of the person who was allowing the improper use therein, within two months from the date of issuing the notice by the magistrate50(3) if the magistrate is satisfied that the premises or part thereof was not used for trafficking of any person, he shall cause the same to be restored to the owner, lessor or landlord, or the agent of the owner, lessor, landlord, tenant, lessee, occupier or any other person in-charge of the premises or part thereof within two months of the issuance of the notice(4) when an owner, lessor or landlord, or the agent of the owner, lessor or landlord fails to comply with a direction given under clause (ii) of sub-section (1), he shall be punished with fine which may extend to one lakh rupees36 (1) a person is said to promote, procure or facilitate the commission of trafficking of person, if that person—punishment for promoting or facilitating trafficking of person(i) produces, prints, issues or distributes unissued, tampered or fake certificates,registration or stickers as proof of compliance with government requirements; or5(ii) advertises, publishes, prints, broadcasts or distributes, or causes theadvertisement, publication, printing or broadcast or distribution by any means, including the use of information technology or any brochure, flyer or any propaganda material that promotes trafficking of person or exploitation of a trafficked person in any manner; or10(iii) assists in the conduct of misrepresentation or fraud for the purposes ofprocuring or facilitating the acquisition of clearances and necessary documents from government agencies for the purpose of trafficking of any person (2) whoever commits an offence under sub-section (1) shall be punished with rigorousimprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine which shall not be less than one lakh rupees15punishment for abetment37 whoever abets any person to commit any offence under this act and if the actabetted is in consequence of the abetment, shall be punished with the punishment provided for that offence20punishment for omission of duty2538 notwithstanding anything contained in any other law for the time being in force,whoever knowingly or having reason to believe that a person has been trafficked, fails to perform a duty, which he is entrusted under this act for providing care, protection and rehabilitation to a victim or performs duty but knowingly causes physical or mental injury or hardship or trauma to the victim shall be punished with fine which shall not be less than fifty thousand rupees and in the event of a second or subsequent offence with rigorous imprisonment for a term which may extend to one year and with fine which shall not be less than one lakh rupeesbuying or selling of any person39 (1) whoever buys or sells any person for a consideration, shall be punished withrigorous imprisonment for a term which shall not be less than seven years but may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees30 35(2) whoever solicits or publicises electronically, taking or distributing obscenephotographs or videos or providing materials or soliciting or guiding tourists or usingagents or any other form which may lead to the trafficking of a person shall be punished with rigorous imprisonment for a term which shall not be less than five years but may extend to ten years, and shall also be liable to fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupeeshiring or obtaining possession, etc, for trafficking of person4040 whoever hires or otherwise obtains possession, or lets to hire, or in any mannerdisposes of a person, for the purpose of trafficking of person, shall be punished with imprisonment of either description for a term which shall not be less than three years but may extend to five years and shall also be liable to fine which shall not be less than one lakh rupeesoffences related to media41 (1)whoever commits trafficking of a person with the aid of media, including, butnot limited to print, internet, digital or electronic media, shall be punished with rigorous imprisonment for a term which shall not be less than seven years but may extend to ten years and shall also be liable to fine which shall not be less than one lakh rupees45 50(2) whoever distributes, or sells or stores, in any form in any electronic or printedform showing incidence of sexual exploitation, sexual assault, or rape for the purpose of extortion or for coercion of the victim or his family members, or for unlawful gain shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to seven years and shall also be liable to fine which shall not be less than one lakh rupeespunishment for disclosure of identity542 (1) no report or newspaper or magazine or news-sheet or audio-visual media orany other form of communication regarding any inquiry or investigation or judicial proceedings at any stage shall disclose the name, address or any other particulars, which may lead to the identification of a victim or witness of trafficking of person under this act shall be published:provided that for reasons to be recorded in writing, the designated court may permitsuch disclosure, if in its opinion, such disclosure is in the best interest of the victim10(2) any person who contravenes the provisions of sub-section (1) shall be punishedwith imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both:provided that in case, the victim is a child, the provisions of the juvenile justice (careand protection of children) act, 2015 shall apply2 of 2016applicability of punishment1543 (1) where an act or omission constitutes an offence punishable under this actand also under any other law for the time being in force, then, notwithstanding anything contained in any such law, the person found guilty of such offence, shall be liable to punishment under such law which provides for punishment which is greater in degree(2) a designated court convicting a person of any offence under this act may alsopass an order for the auction of the premises or any part thereof and the proceeds of such auction shall be ordered to be remitted to the rehabilitation fund20(3) when an occupier or any other person fails to comply with a direction given underclause (i) of sub-section (1) of section 35, he shall be deemed to have committed an offenceunder section 34 and shall be punished accordingly25punishment for attempt to commit offence under this act44 whoever attempts to commit an offence punishable by this act with imprisonment,or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both30act committed by victim under coercion, compulsion, etc45 nothing is an offence which is committed or attempted to have been committed bya victim, punishable with death or imprisonment for life or for imprisonment for ten years, if the offence is committed or attempted to have been committed, under coercion or compulsion or intimidation or threat or undue influence by any person and where, at the time of committingthe offence, the victim is subjected to reasonable apprehension of his death, grievous hurt or any other injury to him or to any other person whom he is interested in35 chapter xiii designated courtsdesignated courts4046 for the purposes of providing speedy trial of any offence under this act, the state government shall, in consultation with the chief justice of the high court, by notification, within two months from the date of commencement of this act, designate in each district, the court of session as a designated courtspecial public prosecutors47 (1) the appropriate government may, by notification, appoint special public prosecutors for every designated court for conducting cases under this act2 of 197445(2) every person appointed as a special public prosecutor under sub-section (1) shallbe deemed to be a public prosecutor within the meaning of clause (u) of section 2 of thecode of criminal procedure, 1973 and provisions of that code shall have effect accordingly2 of 1974(3) subject to the provisions contained in section 301 of the code of criminalprocedure, 1973, the victim shall be entitled to the assistance of a legal counsel of his choice for any offence under this act:50provided that if the victim is unable to afford a legal counsel, the legal servicesauthority shall provide a counsel to him48 (1) the designated court shall complete the trial, as far as possible, within a period of one year from the date of taking into cognizance of any offence under this act5(2) the designated court may record the statement of any victim through videoconferencing in any case, where the victim is unable to appear before the court for the reasons of safety or confidentialityperiod and manner for recording of evidence of person who is trafficked and disposal of cases(3) in all matters of trans-border and inter-state crimes where the victim has beenrepatriated to any other state or country is unable to attend the court proceedings, the court may order video conferencing to record his statement10(4) notwithstanding anything contained in this act, the inquiry and trial of offencesunder this act, may be conducted in camera, if an application is made in this regard by thevictimpayment to the victim49 (1) the designated court may order, where applicable, any backwages of thevictim to be paid to him152 of 1974(2) the designated court shall on its own motion or on an application filed by or onbehalf of the victim, award compensation under section 357a of the code of criminal procedure, 1973, or under any other law for the time being in force or otherwise at any stage of the proceedings(3) the appropriate government shall ensure that the relief ordered by the designatedcourt is paid within sixty days from the date of receipt of the orderappeal2 of 19742050 (1) notwithstanding anything contained in the code of criminal procedure, 1973,an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of the designated court to the high court(2) every appeal under this section shall be preferred within a period of sixty days from the date of judgment, sentence or order appealed against:25provided that the high court may entertain an appeal after the expiry of the saidperiod if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period chapter xiv protection of victim, witness and complainant30protection of victim, witness and complainant51 (1) the designated court, if on an application made by a victim, witness or acomplainant in any proceeding before it or by the special public prosecutor in relation to such victim, witness or a complainant or on its own motion, is satisfied that the life of such victim, witness or a complainant is in danger, it may, for reasons to be recorded in writing, take such measures to protect such victim, witness and the complainant35(2) in particular, and without prejudice to the generality of the provisions of sub-section (1), the measures which a designated court may take under that sub-section may include—(a) the holding of the proceedings at a place to be decided by the designatedcourt;40(b) the avoiding of the mention of the names and addresses of the witnesses inits orders or judgments or in any records of the case accessible to public;(c) the issuing of any directions for securing that the identity and address ofthe witnesses are not disclosed; and45(d) a decision that it is in the public interest to order that all or any of theproceedings pending before such a court shall not be published in any manner chapter xv miscellaneous52 (1) all offences under this act shall be cognizable and non-bailablecognizance of offences2 of 1974(2) notwithstanding anything contained in the code of criminal procedure, 1973—5(a) nothing in section 438 of the code shall apply in relation to any case involvingthe arrest of any person on an accusation of having committed an offence under this act with imprisonment of more than two years(b) no person accused of committing an offence under this act shall be releasedon bail or on his own bond unless—10(i) the special public prosecutor has been given an opportunity to opposethe application for such release;15(ii) where the special public prosecutor opposes the application, thecourt is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail; and (c) the victim shall have a right to be heard in all bail matters2 of 1974(3) the conditions for granting of bail specified in clause (b) of sub-section (2) shallbe in addition to the conditions provided under the code of criminal procedure, 197320protection of action taken in good faith53 no suit, prosecution, or other legal proceeding shall lie against the centralgovernment or the state government or any person acting under the directions of the central government or the state government as the case may be, acting in good faith, or intended to be done in pursuance of this act, or of any rules made thereunder54 (1) the central government may, by notification, make rules for carrying out thepurposes of this actpower of central government to make rules25 30(2) every rule made under this section shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the ruleshould 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 rule55 (1) the state government may, by notification in the official gazette, make rulesto carry out the purposes of this act35power of state government to make rules(2) every rule made by the state government under this section shall be laid, as soonas may be after it is made, before each house of the state legislature where it consists of two houses, or where such state legislature consists of one house, before that housepower to remove difficulty4056 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions notinconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removal of the difficulty:provided, that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this act45(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament2 of 1974 20 of 195857 the provisions of section 360 of the code of criminal procedure, 1973 and the provisions of the probation of offenders act, 1958 shall not apply to any person who is found guilty of having committed an offence under this actsection 360 of the code of criminal procedure, 1973 and the provisions of the probation of offenders act, 1958 not to apply58 the provisions of section 193, 195, 199 and 203 of the indian penal code shall apply to any person who is guilty of having committed an offence under this act545 of 1860sections 193, 195, 199 and 203 of indian penal code to applyact not in derogation of any other law59 the provisions of this act, shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this act shall have overriding effect on the provisions of any such law to the extent of the inconsistency statement of objects and reasonstrafficking in human beings is one of the largest organised crime violating basic human rights trafficking in human beings may be for sexual and physical exploitation and also for other forms of exploitation like forced labour, etc this is primarily fueled by poverty, illiteracy and lack of livelihood options majority of the trafficking is within the country however, there are instances where large number of persons are trafficked from neighboring countries and to other countries especially middle east2 presently, the subject matter of trafficking of persons is dealt with under the provisions of the indian penal cold, 1860 and the immoral traffic (prevention) act, 1956 section 370 of indian penal code, 1860 only defines and penalises the offence of trafficking of persons and, whereas, the provisions of the immoral traffic (prevention) act, 1956 deals with trafficking of persons for the purpose of commercial sexual exploitation and it does not recognise trafficing of persons for the purpose of physical and other forms of exploitation3 keeping in view of the above deficiencies in the existing legislations and after considering the issues relating to prevention, rescue and rehabilitation of victims of trafficking, it has been considered necessary to bring a comprehensive legislation, namely, the trafficking of persons (prevention, protection and rehabilitation) bill, 2018, covering all related aspects of trafficking of persons4 the salient features of the trafficking of persons (prevention, protection and rehabilitation) bill, 2018, inter alia, are as follows:—(a) it aims to prevent the trafficking of persons, to prosecute offenders and to provide care, protection and rehabilitation to the victims of trafficking;(b) it creats a conducive legal, economic and social environment for the victims of trafficking and also addresses the transnational nature of the crimes;(c) provides for dedicated institutional mechanism at district, state and national level for prevention, protection, investigation and rehabilitation aspects relating to trafficking;(d) it provides for new offences with stringent punishment and fine, which are aggravated in nature and not addressed in existing laws;(e) it provides for timely disposal of cases and repatriation of the victims; (f) it provides for the confidentiality of victims, witnesses and complainants by not disclosing their identity the confidentiality of the victims is maintained by recording their statement through video conferencing and by in camera proceedings(g) it also provides for rehabilitation fund for the welfare and rehabilitation of victims to ensure timely relief to the victims and also addresses their physical, mental trauma etc;(h) in order to break the organised nexus, both at national and international level, the bill proposes for attachment and forfeiture of property and to remit the proceeds of crime in the rehabilitation fund;(i) it also provides for immunity to victims for certain criminal actions against them; and(j) it is also proposed to designate a sessions court in each district for speedy disposal of the cases under the proposed legislation and for this purposes provides for appointment of special public prosecutors to deal with such cases in a time bound manner 5 the bill seeks to achieve the above objectivesnew delhi;maneka sanjay gandhithe 9th march, 2018 notes on clausesclause 2 of the bill defines various expressions used in the bill and provides that words and expressions used but not defined in the proposed bill and defined in the indian penal code, 1860, the code of criminal procedure, 1973, the information technology act,2000 and the juvenile justice (care and protection of children) act, 2015, shall have the meanings respectively assigned to them in those actsclause 3 of the bill seeks to provide for the establishment of the national anti-trafficking bureau by the central government, by notification, having police officers and other officers of such appropriate ranks as may be necessary for the discharge of its functions sub-clause (3) further provides that the manner of selection, deputation, functioning and reporting of the officers and employees of the bureau, shall be in the manner as may be prescribedclause 4 of the bill seeks to provide for the functions of the bureau including the function to co-ordinate and monitor surveillance and preventive efforts alongwith the known or probable routes; facilitate surveillance, enforcement and preventive steps at source, transit and destination points; maintain co-ordination between various law enforcement agencies and non-governmental organisations and other stakeholders; strengthen the intelligence apparatus to improve the collection, collation, analysis and dissemination of operational intelligence; increase international co-operation and co-ordination with concerned authorities in foreign countries and international organisations, in operational and long-term intelligence in investigation, mutual legal assistance, to facilitate universal action for prevention and suppression and to implement any obligation under various international conventions and protocols that are in force in respect of counter measures; co-ordinate actions and enforcement by various bodies or authorities established under the act; co-ordinate actions taken by the concerned ministries, departments or organisations of the government, especially linking the source of transit to destination and connecting all stakeholders; review measures for combating, preventing and formulating co-ordinated strategy of action by various law enforcement agencies; make sustained efforts for capacity building and training of agencies; bring out resource material including education curriculum for children, panchayat raj institutions, enforcement agencies, judicial officers and other stakeholders; co-ordinate investigating activities among the districts, states and with other countries in case of cross-border trafficking of persons; co-ordinate the investigation, where international ramifications are reported or suspected; co-ordinate investigation, where inter-state ramifications are reported or suspected across two or more states or union-territory administrations; undertake and facilitate other investigators for investigating offences from the organised crime perspective; develop and monitor a database on every crime under this act; co-ordinate with any national or international investigating or law enforcement agencies and civil society organisations; facilitate inter-state and international transfer of evidence in investigation as well as video conferencing in judicial proceedings; facilitate frequent meetings of the state police nodal officers to facilitate, monitor and evaluate the establishment and functioning of anti-trafficking units; provide necessary support for investigation by the anti-trafficking units, where such requests are made; undertake steps to enhance the professional skills of anti-trafficking police officers, anti-trafficking units and all concerned with the investigation and prosecution of cases; facilitate inter-state and trans-border transfer of evidence and materials, witnesses and others for expediting prosecution; protection of witnesses, victims, complainants and affected families, as the case may be; undertake steps for timely and effective action on post-rescue care and protection of any person who is trafficked, including steps towards rehabilitation by the concerned agencies, so that their rights are ensured, and that they are not re-trafficked; monitor and facilitate victim and witness protection protocols, rules and procedures including video conferencing during trial of offences which have ramifications across states and beyond borders; and develop minimum standards of care and advice for all concerned, in matters of complianceclause 5 of the bill seeks to provide for the investigation by the bureau which includes that the bureau may take over investigation of any offence under this act, referred to it by two or more states; sub-clause (2) provides that where an offence is referred to the bureau under sub-clause (1) of clause 5, the state government shall not proceed with the investigation of the offence and shall forthwith transmit the relevant documents and records to the bureau; till the bureau takes up the investigation of the case, it shall be the duty of the officer-incharge of the police station to continue the investigation of an offence under this act subclause (4) provides that while investigating any offence under this act, the bureau, having regard to the gravity of the offence and other relevant factors, may if it is expedient to do so, request the state government to associate with the investigation; or with the previous approval of the central government, transfer the case to the state government for investigation and trial of the offence sub-clauses (5) and (6) provides that while investigating any offence under this act, the bureau may also investigate any other offence under any law for the time being in force, which the accused is alleged to have committed, if the offence is connected with such other offence and the state government shall extend assistance and co-operation to the bureau for investigation of an offence under the act sub-clause (7) provides that save as otherwise provided, nothing contained in the act shall affect the powers of the state government to investigate and prosecute any offence under the act or other offences under any other law for the time being in forceclause 6 of the bill seeks to provide that the state government shall appoint a state nodal officer, not below the rank of director in the state government, who shall be responsible for follow up action under the act, as per the direction of the state anti-trafficking committee and co-ordinate with other government agencies and civil society organisations, provide relief and rehabilitation services through district anti-trafficking unit and other government agencies as well as civil society organisations and liaison with the state police nodal officer, national anti-trafficking relief and rehabilitation committee for all matters relating to relief and rehabilitationclause 7 of the bill seeks to provide that the state government shall appoint a state police nodal officer of such rank as may be specified by that government, who shall be responsible for all the activities in the prevention and combating of trafficking of persons in the state and also to monitor the functioning of anti-trafficking police officers and anti- trafficking units in the state and co-ordinate and monitor inter-state and trans-border transfer of persons rescued, witnesses, evidence and offenders under this act and liaison with state nodal officer and such other functions as may be prescribedclause 8 of the bill seeks to provide that the state government shall designate one police officer not below the rank of superintendent of police of the district to be the district police nodal officer on matters relating to trafficking of persons and responsible for all the activities in the district concerned and perform such other functions as may be prescribed sub-clause (2) provides that the district police nodal officer shall be the convener of the district anti-trafficking committee and shall report to the state police nodal officer in every matter relating to an offence of trafficking of persons including rescue, investigation and inter-state transfer of a person who is trafficked and also of the offenders sub-clause (3) provides that the district police nodal officer shall monitor the functioning of anti-trafficking unit and provide necessary assistance to them for the effective discharge of their dutiesclause 9 of the bill seeks to provide that the state government shall designate for each district such number of anti-trafficking police officers for matters related to trafficking of persons, including prevention of trafficking, rescue and protection of the victims, investigation and prosecution and the state government shall designate for each district such number of anti-trafficking police officers for matters related to trafficking of persons, including prevention of trafficking, rescue and protection of the victims, investigation and prosecutionclause 10 of the bill seeks to provide that the appropriate government shall set up for each district or a group of districts, such number of anti-trafficking units, for dealing with all matters of prevention, rescue, protection and care of victims and witnesses and of investigation and prosecution of any offence under the act sub-clause (2) provides that every local police station shall undertake every activity in matters of rescue, investigation, prevention and protection of persons trafficked under this act and where the anti-trafficking unit is not functional sub-clause (3) provides that the state government shall appoint for every anti-trafficking unit such number of subordinate police officers including women police officers as it deems necessary for the discharge of the functions of the anti-trafficking unit and vest in them with all the powers to investigate any offence committed within its local jurisdiction under the act and the officer-in-charge of a police station after registering the first information report under section 154 of the code of criminal procedure, 1973, shall take all necessary action for immediate rescue and protection and then transfer the case to the anti-trafficking unitclause 11 of the bill seeks to provide for the establishment of national anti-trafficking relief and rehabilitation committee by the central government and by notification subclause (2) provides for the composition of the committee which shall consist of a chairperson, who is the secretary, ministry of women and child development, member-secretary who is the head of national anti-trafficking bureau, representatives from ministry of home affairs, ministry of external affairs, ministry of labour and employment, ministry of social justice and empowerment, ministry of panchayati raj, ministry of health and family welfare, legislative department, four representatives from registered civil society organisations active in the prevention, rescue and rehabilitation of victims and such other representatives of the ministries or departments or experts representing different states, as may be prescribed sub-clause (3) seeks to provide for the functions of the national anti-trafficking relief and rehabilitation committee, including to facilitate and ensure rehabilitation and relief services including compensation, repatriation, re-integration to the victims through concerned ministries, departments and statutory bodies; provide for protection homes and rehabilitation homes to enable the immediate and long term sustainable rehabilitation of victims, ensure the effective co-ordination between the concerned authorities both within the country as well as with other countries for the repatriation of victims; seek reports from appropriate government, state anti-trafficking committee, district anti-trafficking committee, on the quality of services and the functioning of the protection homes and rehabilitation homes; maintain and monitor the rehabilitation fund established under clause 30 and such other functions as may be prescribedclause 12 of the bill seeks to provide that the appropriate government shall establish a state anti-trafficking committee to oversee the implementation of this act and advise the state government and district anti-trafficking committees on matters relating to prevention of trafficking, protection, repatriation and rehabilitation of victims and shall consist of a chairperson, who is the chief secretary and other members, such as director general of police; secretary, department of women and child, secretary, home department; secretary, labour department; secretary, health department; secretary, state legal services authority; secretary, law department; protector of emigrants, ministry of external affairs; state police nodal officer; state nodal officer; two social workers out of which one shall be a woman and such other members as may be prescribed sub-clause (3) provides for the functions of the state anti-trafficking committee to identify the roles and responsibilities of each department at state or district level for effective implementation of the act and the rules made under it; arrange for appropriate training and sensitisation of functionaries of all personnel including governmental and non-governmental; develop effective networking and linkages with local non-governmental organisations for specialised services and technical assistance like vocational training, education, healthcare, nutrition, mental health intervention, drug deaddiction and legal aid services; review and monitor the functioning of district anti-trafficking committee; make necessary funds available to the district anti-trafficking committee for providing or setting up required facilities for the implementation of the act, and such other functions and duties as may be prescribed sub-clause (4) provides that the state anti-trafficking committee shall co-ordinate with bureau and national anti-trafficking relief and rehabilitation committee to provide all necessary assistance and inputs as may be required to prevent offences of trafficking of persons especially, those that have inter-state and international ramifications and have features of an organised crimeclause 13 of the bill seeks to provide that the appropriate government shall, by notification, constitute for every district, a district anti-trafficking committee for exercising the powers and performing such functions and duties in relation to prevention, rescue, protection, medical care, psychological assistance and need-based rehabilitation of victims and will consist of a chairperson who is a district magistrate or additional district magistrate, a convener who is a district police nodal officer and district officer for women and child development; representative from district officer for women and child development, district legal services authority and child welfare committee; two civil society organisations and the non-governmental organisations working in the field of prevention of trafficking and related issues and other members as may be prescribed sub-clause (3) further provides for the functions to be performed by the district anti-trafficking committee, such as, direct and facilitate the person in-charge of the protection homes and rehabilitation homes, as the case may be, and submit an individual care plan to the district anti-trafficking committee; ensure care, protection, appropriate rehabilitation or restoration of all victims, based on each victims' individual care plan and by passing necessary directions to protection homes and rehabilitation homes, co-ordinate with other state departments and panchayati raj institutions, to keep a check on the children who drop out from schools and those children who are covered by various schemes and have stopped accessing the benefits of those schemes and inform such cases to state anti-trafficking committee and take appropriate actions; facilitate in a time bound manner or in the manner as may be prescribed, the inter- state repatriation of victims or persons subjected to bonded labour; facilitate survey of the areas and vulnerable population to identify source, transit and destination areas of trafficking of persons and based on the information received, draw up an action plan for the prevention and protection of people who are vulnerable to trafficking and implementation of the action plan; create programmes for awareness generation, community mobilisation and empowerment of vulnerable social groups against trafficking of persons; assist the anti-trafficking police officer, the anti-trafficking unit or the local police, as the case may be, in conducting rescue operation, transferring victims to the nearest protection home, in connection with prevention of trafficking of persons, protection of victims and their rehabilitation, etc, and such other functions as may be prescribed sub-clause (4) and (5) provides that the appropriate government shall provide adequate resources to the district anti-trafficking committee for carrying out prevention, protection and rescue procedures and the district anti-trafficking committee shall furnish a report to the state anti-trafficking committee on quarterly basisclause 14 of the bill seeks to provide that the district anti-trafficking committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the victims and in case of child victim, the provisions of the juvenile justice (care and protection of children) act, 2015 shall applyclause 15 of the bill seeks to provide that the provisions of the code of criminal procedure, 1973 shall mutatis mutandis apply in relation to a search and seizure in respect of an offence under this actclause 16 of the bill seeks to provide that where a police officer or anti-trafficking police officer or anti-trafficking unit has reason to believe that it is necessary to rescue a person without undue delay due to the imminent danger that may cause to his life and person, he or it may remove such person from any place or premises and produce him before the magistrate or child welfare committee, as the case may be, and shall take all necessary steps for the medical examination of such person for the purposes of determination as to the age, the assessment or detection of trauma, injury, illnesses incidental thereto to him and the provisions of section 164a of the code of criminal procedure, 1973 and section 27 of the protection of children from sexual offences act, 2012 shall mutatis mutandis apply in relation to a medical examination of any person under this section sub-clause (3) provides that the police officer or anti-trafficking police officer or anti-trafficking unit, as the case may be, shall inform the district anti-trafficking committee about the rescue conducted under this section and the committee shall take appropriate actions for providing interim relief and further rehabilitation services to the person rescuedclause 17 of the bill seeks to provide that the district anti-trafficking committee shall assist the anti-trafficking police officer or the anti-trafficking unit or any police officer, as the case may be, in rescue operation and transferring any person to the nearest protection home or any other suitable institution, as deemed fit by the district anti-trafficking committeesub-clause (2) provides that the anti-trafficking police officer or anti-trafficking unit or any police officer, as the case may be, shall produce the person rescued before the magistrate or the child welfare committee, as the case may be, without any loss of time but within twenty-four hours of the rescue sub-clause (3) provides that the magistrate may, after making an inquiry as to the age of the person rescued and if it is found that the person is a child, pass such orders as he deems necessary for the care and protection of the person, and where the magistrate is satisfied, after making an inquiry as to the age of the victim and it is found that the victim is not a child, the magistrate may, make an order that the victim be placed, for such reasonable period, in a rehabilitation home and if the victim or any person rescued is not a child and he voluntarily makes an application supported by an affidavit for his release and if the magistrate is of the opinion that such application has not been made voluntarily, the magistrate may reject such application after recording his reasons in writing and in discharging his functions, a magistrate may summon a mental healthcare professional, or psycho social counsellor, or clinical psychologist, or psychotherapist to assist him and may, for this purpose, in consultation with the district anti-trafficking committee and district legal services authority, maintain a list of experienced social workersclause 18 of the bill seeks to provide that the anti-trafficking police officer or anti-trafficking unit or any police officer, as the case may be, shall ensure that investigation including search and seizure must be conducted in accordance with the provisions laid down in the code of criminal procedure, 1973, and any other law for the time being in force sub-clause (2), provides that notwithstanding anything contained in the code of criminal procedure, 1973, the anti-trafficking police officer or the officer-in-charge of the police station, as the case may be, shall forward the report on completion of investigation to the court having jurisdiction within ninety days from the date of registration of first information report sub-clause (3) provides that the clause provides that the investigating officer, while forwarding the report on completion of investigation of an offence under this act, punishable with imprisonment of more than two years, has reason to believe that any amount suspected to have been obtained by the accused by way of commission of the offence and held by him in any bank account, the investigating officer may submit an application before the designated court for freezing of such amount and the designated court, on satisfaction, after an inquiry made in this behalf, may freeze such amount in any such bank account and may, upon conviction, order that such amount lying in such bank account, shall be remitted to the rehabilitation fundclause 19 of the bill seeks to provide that where a person is prosecuted for committing or abetting or attempting to commit any offence under this act in respect of a child or a woman or a person suffering from physical or mental disability, unless it is specified, the designated court shall presume that such person has committed or abetted or attempted to commit the offence, as the case may be, unless the contrary is provedclause 20 of the bill seeks to provide that the state and the district anti-trafficking committees shall undertake all measures and recommend strategies and plans to protect and prevent vulnerable persons from being trafficked and such measures shall include, coordinating the implementation of all the programmes, schemes and plans relating to the prevention of trafficking of persons with any statutory bodies, organisations or agencies as well as panchayati raj institutions; facilitating the implementation of livelihood and educational programmes for vulnerable communities; facilitating the implementation of programmes and schemes sponsored by various ministries and departments of the appropriate government; co-ordinating with corporate sector to implement the various schemes, programmes for the prevention of trafficking of persons, ensuring accountability of the concerned agencies, by regular review and appropriate action; developing appropriate law and order framework to ensure prevention of trafficking of persons; undertaking vulnerability mapping of the state and give focus and attention to the challenging areas, commissioning independent research on various aspects of trafficking and ensure follow up action; organising interface between law enforcement agencies, other government departments and agencies with the voluntary organisations or non-governmental organisations in matters of prevention of trafficking of persons; bringing out annual report on trafficking of persons in the state, networking with the bureau and other state anti-trafficking committees, especially with those states where source-transit-destination linkages exist, and undertake all activities for joint action programmes by bringing in common policies and programmes; linking with the bureau and the central government and other concerned agencies, in case of trans-border trafficking of persons and ensure appropriate actionclause 21 of the bill seeks to provide that the appropriate government shall maintain either directly or through voluntary organisations or non-governmental organisations as many protection homes as necessary and to be managed in the manner, as may be prescribed for the immediate care and protection of the victims or any person rescued and the protection homes shall provide for shelter, food, clothing, counselling and medical care that is necessary for the victims or any person rescued and such other services in the manner, as may be prescribedclause 22 of the bill seeks to provide that the appropriate government, as it deems fit, shall maintain either directly or through voluntary organisations or non-governmental organisations, one or more rehabilitation homes in each district managed in the manner as may be prescribed for the purpose of providing long-term rehabilitation of victims or any person rescued sub-clause (2) provides that the appropriate government may also utilise any existing shelter home for the purposes of rehabilitationclause 23 of the bill seeks to provide that notwithstanding anything contained in any other law for the time being in force, a protection home and rehabilitation home shall be registered under this act in such manner as may be prescribed by the appropriate government and if any person in-charge of protection home and rehabilitation home providing shelter and rehabilitation to victims or any person rescued contravenes any of the provisions of sub-clause (1) of clause 23, he shall be punished with imprisonment which may extend to one year or with fine which shall not be less than one lakh rupees, or with bothclause 24 of the bill seeks to provide that a victim or any person rescued on behalf of him may make an application to the magistrate within the local limits of whose jurisdiction the victim or such other person is trafficked or suspected to be trafficked for an order that he may be kept in a rehabilitation home and in case the victim or any person rescued is a child, the provisions of the juvenile justice (care and protection of children) act, 2015 shall apply sub-clause (2) provides that the magistrate may, pending inquiry under sub-clause (3) or (4) of clause 17, direct that the victim or any person rescued be kept in such care and protection as he may consider proper, having regard to the circumstances of the case and the magistrate shall consult the district anti-trafficking committee before taking a final decision with respect to the rehabilitation of the victim or such other personclause 25 of the bill provides that where the person rescued is a victim, the district anti-trafficking committee shall ensure that the rehabilitation of the person is not contingent upon criminal proceedings being initiated against the accused or the outcome thereofclause 26 of the bill seeks to provide that the district anti-trafficking committee or the child welfare committee, as the case may be, shall be responsible for the repatriation of victims by co-ordinating with their counterparts in any other district and where the state anti-trafficking committee is of the opinion that a victim from a foreign country needs to be repatriated to the country of origin, it may deal with the matter under any law for the time being in force sub-clause (3) provides that the state nodal officer shall obtain informed written consent from the victim for repatriation purposes, and where needed, shall make arrangements for the counselling of the victim by trained psycho social professionals sub-clause (4) provides that the repatriation of the victims shall be completed within a period of three months for inter-state repatriation, and within six months in case of cross border repatriation from the date of rescue by the district anti-trafficking committee, or the child welfare committee, or state police nodal officer, as the case may be, and any delay in repatriation shall be recorded for reasons in writing and shall be reported to the national anti-trafficking relief and rehabilitation committee and the bureau forthwithclause 27 of the bill seeks to provide that upon application for interim relief by the victim, the district anti-trafficking committee or child welfare committee, as the case may be, shall take immediate steps to award interim relief to the victim as deemed appropriate not later than thirty days, taking into consideration all aspects, including physical, mental trauma and the other requirements of the victim and the appropriate government shall provide adequate funds at the disposal of the district anti-trafficking committee for the purposes under sub-clause (1) of clause 27, within a period of one month from the date of commencement of this actclause 28 of the bill seeks to provide that the district anti-trafficking committee shall take steps to ensure that appropriate relief is provided to the victim, within sixty days from the date of filing of charge sheet and the relief amount shall be in addition to any other compensation including any amount or benefit payable by way of any scheme of the appropriate government or pursuant to any order of the court under any law for the time being in forceclause 29 of the bill seeks to provide that where any property is, or is likely to be, used for the commission of an offence under this act and the property is concealed, transferred or dealt with in any manner which may result in frustrating any proceedings under this act, the designated court may attach such property and the designated court shall give an opportunity to be heard to the person who is the owner or occupier of the property sub-clause (2) provides that where a person has been convicted of any offence under this act, the designated court shall, in addition to awarding any punishment, declare that any property, movable or immovable or both, belonging to such person or held by any person on his behalf, which has been used for the commission of that offence or accrued thereby, or which has been attached under sub-clause (1), shall stand forfeited to the appropriate government and the same may be authorised for the purpose of realisation of any fine imposed by the designated court and the proceeds shall be remitted to the rehabilitation fundclause 30 of the bill provides for rehabilitation fund by the central government for the welfare and rehabilitation of the victims under this act and there shall be credited thereto any grants and loans made by the appropriate government, any voluntary donations, contributions or subscriptions, whether or not for any specific purpose as may be decided upon by the central government, any fine recovered for the commission of an offence under the act which may include recovery of fine specified in section 421 of the code of criminal procedure, 1973, the amount seized from any bank account frozen under sub-clause (4) of clause 18 and any other sums as may be received sub-clause (2) provides that the state government may supplement the rehabilitation fund and the rehabilitation fund shall be utilised under this act by the appropriate government for the establishment and administration of protection homes and rehabilitation homes, supporting innovative programmes for the welfare and rehabilitation of the victims, strengthening legal assistance and support, providing entrepreneurial support, skill development training or vocational training, providing aftercare facilities for capital and infrastructure to the victims who are ready to integrate into mainstream society by setting up small business or profession, providing victim and witness protection, awareness generation programmes for the prevention of trafficking of persons, creating community-based programmes to identify, report and prevent trafficking of persons, providing specialised professional services, counsellors, translators, interpreters, social workers, mental health care professionals, vocational trainers or such other specialised professionals, for the victims and any other activity that may be required for effective implementation of the actsub-clause (4) provides that the rehabilitation fund shall be maintained and monitored by the national anti-trafficking relief and rehabilitation committee and shall be made available to the state and district anti-trafficking committees towards prevention, protection and prosecution of matters relating to trafficking of persons sub-clause (6) provides that any fine recovered for the commission of an offence under the act shall also be remitted to the rehabilitation fund which includes recovery of fine specified in section 421 of the code of criminal procedure, 1973 and the generation, dissemination and utilization of fund shall be regulated in the manner as may be prescribed by the central governmentclause 31 of the bill seeks to provide for the offence of aggravated forms of trafficking, such as trafficking for the purpose of forced labour or bonded labour by using violence, intimidation, inducement, promise of payment of money, deception or coercion or by subtle means including, allegations of accumulated debt by the person, retention of any identity paper, threats of denunciation to authorities, or for the purpose of bearing child, either naturally or through assisted reproductive techniques, or by administering any narcotic drug or psychotropic substance or alcohol on a person for the purpose of trafficking or forcing him to remain in exploitative condition, by administering any chemical substance or hormones on a person for the purpose of early sexual maturity, or for the purpose of marriage or under the pretext of marriage trafficks a woman or child after marriage, or by causing serious injury resulting in grievous hurt or death of any person, including death as a result of suicide as a consequence of trafficking of person, or who is a pregnant woman or the offence results in pregnancy of the person, or by causing or exposing the person to a lifethreatening illness including acquired immuno deficiency syndrome or human immunodeficiency virus, or for the purpose of begging, or who is a mentally ill person as defined in clause (l) of section 2 of the mental health act, 1987 or a person with disability as defined in clause(s) of section 2 of the rights of persons with disabilities act, 2016, or as a consequence of trafficking, the person becomes mentally ill or disabled, or by encouraging or abetting any person to migrate illegally into india or indians in to some other countryclause 32 of the bill seeks to provide that whoever commits the offence of aggravated form of trafficking of a person shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to life imprisonment and shall also be liable to fine which shall not be less than one lakh rupeesclause 33 of the bill seeks to provide that whoever is convicted of the offence of trafficking on more than one occasion shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine which shall not be less than two lakh rupeesclause 34 of the bill seeks to provide that whoever keeps or manages, or acts or assists in the keeping or management of a premises to be used as a place for trafficking of any person shall be punished with rigorous imprisonment for a term which may extend to five years and also with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with rigorous imprisonment for a term which shall not be less than seven years and with fine which may extend to two lakh rupees sub-clause (92) also provides that whoever being a tenant, lessee, occupier or person in-charge of any premises, uses, or knowingly allows any other person to use, the premises or any part thereof as a place for trafficking of persons, or being the owner, lessor or landlord of any premises, or the agent of such owner, lessor, or landlord, lets out the same, or any part thereof with the knowledge that the same or any part thereof is intended to be used as a place of exploitation of the victim, or is wilfully a party to the use of the premises or any part thereof as a place for trafficking of persons, shall be punished on first conviction with imprisonment for a term which may extend to three years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine which may extend to two lakh rupees the clause further provides for an explanation, that for the purposes of sub-clause (2) of clause 34, it shall be presumed until the contrary is proved, that any person referred to in items (i) or (ii) of subclause (2) has not exercised due diligence in allowing to use or letting out the premises or in allowing the premises or any part thereof to be used as a place of exploitation or, as the case may be, and has knowledge that the premises or any part thereof was being used as a place of exploitation of the victim the clause also provides that notwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in items (i) or (ii) of sub-clause (2), of any offence under this act in respect of any premises or any part thereof, any lease or agreement under which such premises have been leased out or held or occupied at the time of the commission of the offence, shall become void with effect from the date of the said convictionclause 35 of the bill seeks to provide that notwithstanding anything contained in any other law for the time being in force, the magistrate shall, on receipt of information from the police or otherwise, that any premises or any part thereof is being used for the purpose of trafficking of persons, issue notice to the owner, lessor or landlord of the premises or part thereof, or the agent of the owner, lessor or landlord, or on the tenant, lessee, occupier of, or any other person in charge of such premises or part thereof, to show cause within seven days of the receipt of the notice why the same should not be sealed or attached for improper use thereof; and, after hearing the person concerned, if the magistrate is satisfied that the premises or part thereof is being used for trafficking of persons, then, the magistrate may pass an order by directing eviction of the occupier or any person from the premises, within seven days of the passing of the order; directing that the owner, lessor, or landlord, or the agent of the owner, before letting out the premises or any part thereof, which, during the rescue or search has been found to be used for the purpose of trafficking, shall obtain the previous permission of the magistrate and the magistrate shall pass appropriate orders within thirty days from the date of order and where no permission is granted within such period, the permission shall be deemed to have been granted sub-clause (2) provides that if the magistrate, after the show cause notice issued under sub-clause (1) of clause 35, finds that the premises or any part thereof was used for trafficking of any person, the owner, lessor, landlord as well as the agent of the owner, lessor, landlord exercised due diligence in letting out premises or any part thereof, then, the same shall be restored to the owner, lessor or landlord, or the agent of the owner with an undertaking that the premises or any part thereof shall not be leased out, or otherwise given possession of, or for the benefit of the person who was allowing the improper use therein, within two months of the issuing of the show cause notice by the magistrate sub-clause (3) provides that if the magistrate is satisfied that the premises or part thereof was not used for trafficking of any person, he shall cause the same to be restored to the owner, lessor or landlord, or the agent of the owner lessor, landlord, tenant, lessee, occupier or any other person in-charge of the premises or part thereof within two months of the issuance of the show cause notice and when an owner, lessor or landlord, or the agent of the owner, lessor or landlord fails to comply with a direction given under item (ii) of sub-clause (1), he shall be punished with fine which may extend to one lakh rupeesclause 36 of the bill seeks to provide that a person is said to promote, procure or facilitate the commission of trafficking of person, if that person, produces, prints, issues or distributes unissued, tampered or fake certificates, registration or stickers as proof of compliance with government requirements, or advertises, publishes, prints, broadcasts or distributes, or causes the advertisement, publication, printing or broadcast or distribution by any means, including the use of information technology or any brochure, flyer or any propaganda material that promotes trafficking of person or exploitation of a trafficked person in any manner, or assists in the conduct of misrepresentation or fraud for the purposes of procuring or facilitating the acquisition of clearances and necessary documents from government agencies for the purpose of trafficking of any person sub-clause (2) provides for rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine which shall not be less than one lakh rupees for the punishment for promoting or facilitating trafficking of personclause 37 of the bill seeks to provide that whoever abets any person to commit any offence under this act and if the act abetted is in consequence of the abetment, shall be punished with the punishment provided for that offenceclause 38 of the bill seeks to provide that notwithstanding anything contained in any other law for the time being in force, whoever knowingly or having reason to believe that a person has been trafficked, fails to perform a duty, which he is entrusted under this act, for providing care, protection and rehabilitation to a victim or performs duty but knowingly causes physical or mental injury or hardship or trauma to the victim shall be punished with fine which shall not be less than fifty thousand rupees and in the event of a second or subsequent offence with rigorous imprisonment for a term which may extend to one year and with fine which shall not be less than one lakh rupeesclause 39 of the bill seeks to provide that whoever buys or sells any person for a consideration, shall be punished with rigorous imprisonment for a term which shall not be less than seven years but may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees sub-clause (2) provides that whoever solicits or publicises electronically, taking or distributing obscene photographs or videos or providing materials or soliciting or guiding tourists or using agents or any other form which may lead to the trafficking of a person shall be punished with rigorous imprisonment for a term which shall not be less than five years but may extend to ten years, and shall also be liable to fine which shall not be less than fifty thousand rupees and may extend to one lakh rupeesclause 40 of the bill seeks to provide that whoever hires or otherwise obtains possession, or lets to hire, or in any manner disposes of a person, for the purpose of trafficking of person, shall be punished with imprisonment of either description for a term which shall not be less than three years but may extend to five years and shall also be liable to fine which shall not be less than one lakh rupeesclause 41 of the bill seeks to provide that whoever commits trafficking of a person with the aid of media, including, but not limited to print, internet, digital or electronic media, shall be punished with rigorous imprisonment for a term which shall not be less than seven years but may extend to ten years and shall also be liable to fine which shall not be less than one lakh rupees sub-clause (2) provides that whoever distributes, or sells or stores, in any form in any electronic or printed form showing incidence of sexual exploitation, sexual assault, or rape for the purpose of extortion or for coercion of the victim or his family members, or for unlawful gain shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to seven years and shall also be liable to fine which shall not be less than one lakh rupeesclause 42 of the bill seeks to provide that no report or any newspaper or magazine or news-sheet or audio-visual media or any other form of communication regarding any inquiry or investigation or judicial proceedings at any stage shall disclose the name, address or any other particulars, which may lead to the identification of a victim or witness of trafficking of person under this act shall be published and for reasons to be recorded in writing, the designated court may permit such disclosure, if in its opinion, such disclosure is in the best interest of the victim it also provides that any person who contravenes the provisions of sub-clause (1) shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both: and in case, the victim is a child, the provisions of the juvenile justice (care and protection of children) act, 2015 shall applyclause 43 of the bill seeks to provide that 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 contained in any such law, the person found guilty of such offence, shall be liable to punishment under such law which provides for punishment which is greater in degree sub-clause (2) provides that a designated court convicting a person of any offence under this act may also pass an order for the auction of the premises or any part thereof and the proceeds of such auction shall be ordered to be remitted to the rehabilitation fund sub-clause (3) provides that when an occupier or any other person fails to comply with a direction given under item (i) of sub-clause (1) of clause 35, he shall be deemed to have committed an offence under clause 34 and shall be punished accordinglyclause 44 of the bill seeks to provide that whoever attempts to commit an offence punishable by this act with imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with bothclause 45 of the bill seeks to provide that nothing is an offence which is committed or attempted to have been committed by a victim, punishable with death or imprisonment for life or for imprisonment for ten years, if the offence is committed or attempted to have been committed, under coercion or compulsion or intimidation or threat or undue influence by any person and where, at the time of committing the offence, the victim is subjected to reasonable apprehension of his death, grievous hurt or any other injury to him or to any other person whom he is interested inclause 46 of the bill seeks to provide for designated courts for the purposes of providing speedy trial of any offence under this act it further provides that the state government shall, in consultation with the chief justice of the high court, by notification, designate for each district, a court of session, within two months from the date of commencement of this act, to try any offence under this actclause 47 of the bill seeks to provide that the appropriate government may, by notification, appoint special public prosecutors for every designated court for conducting cases under this act and every person appointed as a special public prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause (u) of section 2 of the code of criminal procedure, 1973 and provisions of that code shall have effect accordingly sub-clause (3) provides that subject to the provision contained in section 301 of the code of criminal procedure, 1973, the victim shall be entitled to the assistance of a legal counsel of his choice for any offence under this act and if the victim is unable to afford a legal counsel, the legal services authority shall provide a counsel to himclause 48 of the bill seeks to provide that the designated court shall complete the trial, as far as possible, within a period of one year from the date of taking into cognizance of any offence under this act and may record the statement of any victim through video conferencing in any case, where the victim is unable to appear before the court for the reasons of safety or confidentiality it also provides that in all matters of transborder and inter-state crimes where the victim has been repatriated to any other state or country is unable to attend the court proceedings, the court may order video conferencing to record their statement it also provides that notwithstanding anything contained in this act, the inquiry into and trial of offences under this act, may be conducted in camera, if an application is made in this regard by the victimclause 49 of the bill seeks to provide that the designated court may order, where applicable, any back wages of the victim to be paid to him sub-clause (2) provides that the designated court shall on its own motion or on an application filed by or on behalf of the victim, award compensation under section 357a of the code of criminal procedure, 1973, or under any other law for the time being in force or otherwise at any stage of the proceedings and the appropriate government shall ensure that the relief ordered by the designated court is paid within sixty days from the date of receipt of the orderclause 50 of the bill provide that notwithstanding anything contained in the code of criminal procedure, 1973, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of the designated court to the high court and every appeal under this section shall be preferred within a period of sixty days from the date of judgment, sentence or order appealed against and the high court may entertain an appeal after the expiry of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said periodclause 51 of the bill seeks to provide that the designated court, if on an application made by a victim, witness or a complainant in any proceeding before it or by the special public prosecutor in relation to such victim, witness or a complainant or on its own motion, is satisfied that the life of such victim, witness or a complainant is in danger, it may, for reasons to be recorded in writing, take such measures to protect such victim, witness and the complainant sub-clause (2) provides that in particular, and without prejudice to the generality of the provisions of sub-clause (1) of clause 51, the measures which a designated court may take under that sub-section may include, the holding of the proceedings at a place to be decided by the designated court; the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public; the issuing of any directions for securing that the identity and address of the witnesses are not disclosed; and a decision that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any mannerclause 52 of the bill seeks to provide that all offences under this act shall be cognizable and non-bailable sub-clause (2) provides that notwithstanding anything contained in the code of criminal procedure, 1973, (a) nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this act with imprisonment of more than two years, (b) no person accused of committing an offence under this act shall be released on bail or on his own bond unless—(i) the special public prosecutor has been given an opportunity to oppose the application for such release,(ii) where the special public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail, (c) the victim shall have a right to be heard in all bail matters sub-clause (3) provides that the conditions on granting of bail specified in item (b) of sub-clause (2) are in addition to the conditions provided under the code of criminal procedure, 1973clause 53 of the bill seeks to provide that 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 the central government or the state government, as the case may be, acting in good faith, or intended to be done in pursuance of this act, or of any rules made thereunderclause 54 of the bill seeks to provide that the central government may, by notification, make rules for carrying out the purposes of this act it also provides that every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that ruleclause 55 of the bill provide that the state government may, by notification in the official gazette, make rules to carry out the purposes of this act sub-clause (2) provides that every rule made by the state government, shall be laid, as soon as may be after it is made, before each house of the state legislature, where it consists of two houses or where such state legislature consistes of one house, before that houseclause 56 of the bill seeks to provide that any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removal of the difficulty and no such order shall be made under this section after the expiry of the period of two years from the commencement of this act sub-clause (2) provides that every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentclause 57 of the bill seeks to provide that the provisions of section 360 of the code of criminal procedure, 1973 and the provisions of the probation of offenders act, 1958 shall not apply to any person who is found guilty of having committed an offence under this actclause 58 of the bill seeks to provide that the provisions of sections 193, 195, 199 and203 of indian penal code shall apply to any person who is guilty of having committed an offence under this actclause 59 of the bill seeks to provide that the provisions of this act, shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this act shall have overriding effect on the provisions of any such law to the extent of the inconsistency financial memorandumclause 3 of the bill provides that the central government shall, by notification, establish a national anti-trafficking bureau, having police officers and other officers of such appropriate ranks as may be necessary for the discharge of its functions2 sub-clauses (1) and (2) of clause 29 provides that the designated court shall, in addition to awarding any punishment, declare that any property, movable or immovable or both, belonging to such person or held by any person on his behalf, which has been used for the commission of that offence or accrued thereby, or which has been attached under subclase (1), shall stand forfeited to the appropriate government and the same may be authorised for the purpose of realisation of any fine imposed by the designated court and the proceeds shall be remitted to the rehabilitation fund3 clause 30 of the bill provides that the central government shall constitute a rehabilitation fund for the welfare and rehbilitation of the victims under this act it also provides that the state government may supplement the rehabilitation fund besides, the rehabilitation fund may also be credited through grants and loans made by the appropriate government; any voluntary donations, contributions or subscriptions; any fine recovered for the commission of an offence under the act which may include recovery of fine specified in section 421 of the code of criminal procedure, 1973 further, the proceeds through freezing of the bank accounts, as prescribed under sub-clauses (3) and (4) of clause 18, shall be remitted to the rehabilitation fund4 sub-clause (2) of clause 43 provides that the designated court convicting a person may also pass an order for the auction of the premises or any part thereof and the proceeds of such auction shall be ordered to be remitted to the rehabilitation fund5 the financial implication arising from the establishment of national anti-trafficking bureau is estimated as recurring expenditure of rs 10 crores in the first year and rs 20 crores each in the next two years and for rehabilitation fund it is estimated as an initial allocation of rs 10 crores and to be augmented subsequently on need basis6 it would be difficult to indicate the exact expenditure incurred in the appointment of officers of the national anti-trafficking bureau etc the bill does not envisage any other expenditure of recurring or non-recurring memorandum regarding delegated legislationsub- clause (3) of clause 3 of the bill provides for the manner of selection, deputation, functioning and reporting of the officers and employees of the national anti-trafficking bureau2 sub-clause (4) of clause 7 of the bill provides that the state nodal officer shall perform such other functions as may be prescribed3 sub- clause (1) of clause 8 of the bill provides that the police officer not below the rank of superintendent of police of the district to be the district police nodal officer on matters relating to trafficking of persons and responsible for all the activities in the district concerned, as may be prescribed4 item (xi) of sub-clause (2) of clause 11 of the bill provides for inclusion of other representatives of the ministries or departments or experts representing different states in the composition of national anti-trafficking relief and rehabilitation committee as may be prescribed item (vi) of sub-clause (3) of the said clause provides for prescribing other functions of national anti-trafficking relief and rehabilitation committee as may be prescribed5 item (xiii) of sub-clause (2) of clause 12 of the bill provides for nomination of such other members in the state anti-trafficking committee item (vi) of sub-clause (3) of the said clause provides for the functions of the state anti-trafficking committee, including the nomination of such other members as may be prescribed6 item (vii) of sub-clause (2) of clause 13 of the bill provides for nomination of other members in the district anti-trafficking committee, as may be prescribed item (iv) of subclause (3) of the said clause provides for inter-state repatriation of victims or persons subjected to bonded labour by the district anti-trafficking committee in a time bound manner or in the manner as may be prescribed item (vii) of sub-clause (3) of the said clause provides for any other function as may be prescribed7 sub-clause (1) of clause 21 of the bill provides that the appropriate government shall maintain either directly or through voluntary organisations or non-governmental organisations as many protection homes as necessary and to be managed in the manner, as may be prescribed for the immediate care and protection of the victims or any person rescued subclause (2) of the said clause provides that the protection homes shall provide shelter, food, clothing, counselling and medical care that is necessary for the victims or any person rescued and such other services in the manner, as may be prescribed8 sub-clause (1) of clause 22 of the bill provides that the appropriate government, as it deems fit shall maintain either directly or through voluntary organisations or non- governmental organisations, one or more rehabilitation homes in each district managed in the manner as may be prescribed for the purpose of providing long-term rehabilitation to the victims or any person rescued9 sub-clause (1) of clause 23 of the bill provides that the protection homes and rehabilitation homes shall be registered under this act in such manner as may be prescribed by the appropriate government10 sub-clause (7) of clause 30 of the bill provides that the generation dissemination and utilisation of fund shall be regulated in the manner as may be prescribed by the central government11 the matters in respect of which rules may be made relate to matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto prevent trafficking of persons, especially women and children and to provide care,protection and rehabilitation to the victims of trafficking, to prosecute offendersand to create a legal, economic and social environment for the victims andfor matters connected therewith or incidental thereto————(smt maneka sanjay gandhi, minister of women & child development)mgipmrnd—4585ls(s3)—09-03-2018

Parliament_bills

e4b11f65-af79-5226-9b2f-c3a4bf2968b6

bill no 76 of 1976 the appropria non (no5) bill, 1976 a billto authorise payment and appropriation of certain further sums from and oot of the consolidated fund of india for the services of the financial year, 1976-77 be it ~nacted by parliament in the twenty-seventh year of the republic of india as follows:-1 this act may be called the appropriation (no5) act, 1976 , 2 from and out of the consolidated fund of india there may be paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of two hundred· and forty four crores, eighteen lakhs and four thousand rupees towards defraying the seve~al charges which will come in course of payment dpring the financial year 1976-77, in respect of the services specified in column 2 of 10 the schedule short title issue of rs 214, 18,04,000' out of the consolidated fund of india tor the year 1976-77 appropri_ ation 3 th~ sums authorised to be paid and applied from and out of the consol1dated fund of india by this act sball be appropriated tor the services and purposes expressed in the schedule in relation to the said year (see sections 2 and 3)| 2 | i ||---------------------|--------------------|| i | || 3 | || sums | not || no | || of | || vote | || services | and || 1 | || '-- | || charged on | || the consoli- | || dated | || fund | || i | || s | || - | ---------1--- || ----11·---, | || rs | r, || i | || department | of || 20,85,000 | || 2 | || agriculture | ' || 60,00,00,000 | || 60,00,00000 | || 10 | || 7 | || department | of || nlopment | revenue || 15,0000,000 | || 15,00,00,000 | || i | || 14 | || porrip | || tracie | || and | export || production | - || capital | || 1,000 | || 40,68,00,000 | || | 1,000 || 6:15,00,000 | || 46,93,00,000 | || is | || 23 | defence || services-air | force revenue || 1,00,000 | || 1,00,000 | || 25 | capital outlay || servio | - || cpital | || 15,00,000 | || 29 | ministry || revenue | || 3,78,000 | || 30 | power development || capital | || 32,00,02,000 | || 20 | || 32,00,02,000 | || 32 | || ministry | of || main | || revenue | || i | || 250,00,000 | || 38 | || transfers to state | and || union | || territory | governments || 39 | || other | expenditure || ministry | || of | finance || 58 | || ,5 | || 6,60,000 | || 41 | || departmen(ofrevenue | and || banking | - || 3,45000 | || i | || pamilyplannina | revenue || 5,0000,000 | || 500,00000 | || i | || 30 | || 51 | departalent || of | || penonnel | || and | administrative re- || forma - | revenue || 1,000 | || i | || 61 | || iddustries | || - capital | || ~5 | || information | and || 1,0000,000 | || department | of || tecbnglogy | - || 2,00,00,000 | || department | of || 550,000 | || 5,50 | || ,000 | || capital | || 72179000 | || 7,28,79,000 | || i | || 84 | departmejlt || of | || minu | || 6'xlcoo | || 6,00,000 | || lll3t()4,ooo | || minrs | || and | || minerals | || capital | || 198,oo,coo | || 40 | || 1,98,co,ceo , | || i | |i i , no of sums not e~ding vote :5 services and purpose voted by charged':ln the total ~ conaotidittd fund ~ j rs rs its i iii department ofrebabilitqjon capital 46,oq,cco 46,00,000 99 10 atomic: bnergy research, i deve10pmentand induii-trial projec:ts - - capital 1,000 , 1,000 100 nuclear power schemes capital :16,00,000 26,00,000 toi'a! 237,65,76,000 6,s~,~8,ooo 244,18,04,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriatiod out of the consolidated fund of india of the modeys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure ofi the central government, excluding railways, for the financial year 1976-77 sushila rohatgi president's recommendation under article 117 of the· const1tution of india[copy of letter no f5 (48)-b (se)/76, dated the 16th august, 1976 from shrimati sushila rohatgi, deputy minister in the ministry of· finance to the secretary-general, lok sabba] the president having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the year ending on the 31st day of march, 1977, recommends the introduction of the appropriation (no5) bill, 1976 in the lok sabha and also recommends to the sabha the consideration of the bill under clauses (1) and (3) of article 117 of the constitution read with clause (2)0£ article 115 thereof 2 the bill will be introduced in the lok sabha after all the supple~ mentary demands for grants for 1976-77 have been voted a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1976-77 (shrimati swhi14 rohatgi, deputy minister in th ministry of fi'1l4llce)

Parliament_bills

ced81399-ffc7-5f2e-afc7-d726b9ff3df4

biu no 212 of 1885 the salaries and allowances of ofll'lcers of parliament (amendment) bill, 1985 billfurther to amend the s414ries and aucnoonces of of1i,cets ,of pa,liament act, 1953 be it enacted by parliament in the thirty-sixth year of the republic of india as follows:-1 (1) this act may be called the salaries and allowances of officers of parliament (amendmel'lt) act, 1985 short title and commencement 5 (2) it shall come into force on such date as the central government may, by notification in the ofticial gazette, appoint - 2 for section 3 of the salaries and allowances of officers of parlia-substitu tion of ment act, 1953 (hereinafter referred to as the principal act), the follownewaection ing section shall be substituted, namely: -for seef-ton 3 10 parliament "3 (1) there shall be paid to the chairman of the council of salaries, states a salary or seven thousand five hundred rupees per mensem :~~ of (2) each oftlcer or parliament other than the chairman of the council of states shall he entitled to receive a salary per medsem and an allowance rclr each day ciudug the whole of his term as such officer at the same rates its are specified in section 3 of the salaries, allowances and pension of members of parliament act, 1154 with 30 of 1954 retlpect to members of parliament (3) each officer of parliament, other than the chainnan of the 5 council of states, shall be entitled to receive a constitu~ucy allowance at the sanle rate :ls is specified under section 8 of the said act with respect to members of parliament" 3 for section 5 of the principal act, the following section shall be substituted, namely:-10 substitution of new section for section 5 sumptuary allowance "5 there shall 1(' paid to the chairman of the council of states and the speaker of the house of the people a sumptuary allowance of one thousand rupees per mensem and to the deputy chairman and the deputy s))eaker n sumptuary allowauce of five hundred· rupees per mensem" 15 4 in section 6 of the principal act, after sub-section (1), the following sub-section shall be inserted, namely:-amendment of section 6 '( 1 ~) an officer of parliament and 8,uy one member of his family accompanying him shall he entitled to travelling allowanees in respect of not more than six return journeys performed, during each 20 year, withiu india, at the same rates at which travelling allowances are payable to such ofticer under cla1llle (b) of sub-sedlon (1)' in respect of tours referred in in that elause explanation--for the puqlos8s of this sub-section, "retullll journey" means il journey from one place to another place and the ~ 5 return journey from such other place to the ftrst mentioned place' 5 in the principal act, after section'10, the following section shall be inserted, namely:-insertion of new section loa 'loa notwithstanding anything ·contained in the income-tax act, 1961, the value of rent free furnished residence (including 30 43 ot 1961 maintenance thereof) provided to an ofticer of parliament under sub-section (1) of section 4 shall not be included in the computation of his income chargeable under the head "salaries" under section 15 of the income-tax act, 1961' exemption from liability to pay income· tax on ccrtain per· quisites received by an otftcer of parliametr statement of objects and reasons this bill is complementary to the salary, allowances and pension of members of parliament (amendment) bill, 1985 and the salaries and allowances of ministers (amendment) bill, 1985 ' 2 the bill seeks,-(a) to provide that the chairman of the council of states shall be entitled to a salary of seven thousand five hundred rupees !pel' mensem and that the other officers of parliament shall be entitled t~ a salary, daily allowance and constituency allowance at the same r~tes as a member of parliament; (b) to increase the amounts payable to officers of parliament· by way of sumptuary allowance and to exempt from income-tax the value of the official residence provided to an officer of parliammt; (c) to extend the facility of free travel in respect of six return journeys per year within india to one member of the family of an officer of parliament accompanying him on such journeys 3 the bill seeks to achieve the above objects new dam; h k l bhagat the 19th december, 1985 financial me}40randumclause 2 of the bill seeks to amend section 3 of/the salaries and allowances of ojbcers of paru~t act, 1953 to increaae the salary of the chairman of the council of states from rs 2,250/- per mensem to rs 7,5001- per mensem it further seeks to provide for grant of daily allowances throughout the term and the constituency allowance at the rate of rs 1,2501- per mensem to each of the officers of parliament except the chairman, of the council of states - 2 clause 3 of the bill seeks to amend section s of the act to provide for the increase in the sumptuary allowance from rs 500 to bs 1,000 in respect of the chairman of the councll of states and the speaker and from rs 250 to rs 500 per month for the deputy chairman and the deputy speaker 3 clause 4 of the bill seeks to insert a new section for providing tor the facility of six return journeys in a year between any two places in india accompanied by anyone member of the family , 4 the above provisions would involve expenditure from the consolidated fund of india to the tune of rs 234 lakhs 5 the provisions of the bill will not involve any other expenditure either recurring or non-recurring ex'rracts from the salard:s and ~wances of ofncibs of pablialirlent aer, ~(20 01' 1953) - - - - - salaries and daily allowances 3 a member shall be entitled to receive a salary at the rate of seven hundred fifty rupees per mensem during the whole of his term of office and subject to any rules made under this act and allowance at the rate of seventy-five rupees for each during any period of il"esidence on duty - - - - - - 5 (1) where a member absents himself for less than fifteen days during a session of a house of parliament or a sitting of a committee for visiting any place in india, he shall be entitled to receive travelling allowances in respect of such journey ·to such place and for the return joumey- travelling allowances tor intermediate journeya (4) if the journey is performed by rail, equal to one first class fare for each such journey irrespective of the c1b'ss in which the member actually travels; (b) if the iourney is performed by air, equal to one fare by air for each such joumey: provided that such travelling bllowances shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not so remained absent: provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in india-(a) not more than four times during a session lasting more than seventy-five days; (b) not more than twice during a session lasting for seventy-five days or less; and (c) not more than once during a sitting of the committee explanation-the provisions of clause (c) of sub-section (1) and of sub-section (2) of section 4 shall, so far as may be, apply to travelling allowances payable under this section as they apply tei travelling allowances payable under that section (2) where in any year a /member does not perform during any session any such journey as is referred to in the second proviso to subsection (1) 01' the number of such journeys performed by him during any session is less than the maximum specified in that proviso with respect to such session, then, such member shall be entitled to perform all or, as the case may be, the remaining number, of such journeys during any other session or sessions in that year, in addition to the number of journeys which he is otherwise entitled to perform under that proviso during such other session or sessions - - - - - a bill further to amend the salaries and allowances of ofbcers of p~lia:ment act, lb i' ' (s'hri h k l b1wi41at, minister of parliamentary agairs am \ j tourism)

Parliament_bills

db66f506-dfb0-5705-83f2-67f5bc76a441

bill no xxvii of 2020 the epidemic diseases (amendment) bill, 2020 a bill further to amend the epidemic diseases act, 1897be it enacted by parliament in the seventy-first year of the republic of india as follows:—1 (1) this act may be called the epidemic diseases (amendment) act, 2020 (2) it shall be deemed to have come into force on the 22nd day of april, 20203 after section 1 of the principal act, the following section shall be inserted, namely:—insertion of new section 1a definitions'1a in this act, unless the context otherwise requires,–– (a) "act of violence" includes any of the following acts committed by any person against a healthcare service personnel serving during an epidemic, which causes or may cause––5(i) harassment impacting the living or working conditions of such healthcare service personnel and preventing him from discharging his duties;10(ii) harm, injury, hurt, intimidation or danger to the life of such healthcare service personnel, either within the premises of a clinical establishment or otherwise;(iii) obstruction or hindrance to such healthcare service personnel in the discharge of his duties, either within the premises of a clinical establishment or otherwise; or(iv) loss or damage to any property or documents in the custody of, or in relation to, such healthcare service personnel;15(b) "healthcare service personnel" means a person who while carrying out his duties in relation to epidemic related responsibilities, may come in direct contact with affected patients and thereby is at the risk of being impacted by such disease, and includes––20(i) any public and clinical healthcare provider such as doctor, nurse, paramedical worker and community health worker;(ii) any other person empowered under the act to take measures to prevent the outbreak of the disease or spread thereof; and25(iii) any person declared as such by the state government, by notification in the official gazette; (c) "property" includes––23 of 2010(i) a clinical establishment as defined in the clinical establishments(registration and regulation) act, 2010;30(ii) any facility identified for quarantine and isolation of patients during an epidemic;(iii) a mobile medical unit; and (iv) any other property in which a healthcare service personnel has direct interest in relation to the epidemic;3515 of 1908 22 of 1934 31 of 2010(d) the words and expressions used herein and not defined, but defined in the indian ports act, 1908, the aircraft act, 1934 or the land ports authority of india act, 2010, as the case may be, shall have the same meaning as assigned to them in that act'amendment of section 2a4 in section 2a of the principal act, for the portion beginning with the words "the central government may take measures" and ending with the words "as may be necessary", the following shall be substituted, namely:––40 45"the central government may take such measures, as it deems fit and prescribe regulations for the inspection of any bus or train or goods vehicle or ship or vessel or aircraft leaving or arriving at any land port or port or aerodrome, as the case may be, in the territories to which this act extends and for such detention thereof, or of any person intending to travel therein, or arriving thereby, as may be necessary"5 after section 2a of the principal act, the following section shall be inserted, namely:—insertion of new section 2b"2b no person shall indulge in any act of violence against a healthcare service personnel or cause any damage or loss to any property during an epidemic"prohibition of violence against healthcare service personnel and damage to property5amendment of section 36 section 3 of the principal act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely:—"(2) whoever,––(i) commits or abets the commission of an act of violence against a healthcare service personnel; or10(ii) abets or causes damage or loss to any property,shall be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees1545 of 1860(3) whoever, while committing an act of violence against a healthcare service personnel, causes grievous hurt as defined in section 320 of the indian penal code to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees"7 after section 3 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 3a, 3b, 3c, 3d and 3e202 of 1974'3a notwithstanding anything contained in the code of criminal procedure,1973,—cognizance, investigation and trial of offences(i) an offence punishable under sub-section (2) or sub-section (3) ofsection 3 shall be cognizable and non-bailable;25(ii) any case registered under sub-section (2) or sub-section (3) ofsection 3 shall be investigated by a police officer not below the rank of inspector;(iii) investigation of a case under sub-section (2) or sub-section (3) ofsection 3 shall be completed within a period of thirty days from the date of registration of the first information report;3035(iv) in every inquiry or trial of a case under sub-section (2) orsub-section (3) of section 3, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded, and an endeavour shall be made to ensure that the inquiry or trial is concluded within a period of one year:provided that where the trial is not concluded within the said period, the judge shall record the reasons for not having done so:provided further that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time40composition of certain offences3b where a person is prosecuted for committing an offence punishable undersub-section (2) of section 3, such offence may, with the permission of the court, be compounded by the person against whom such act of violence is committed5presumption as to certain offences3c where a person is prosecuted for committing an offence punishable undersub-section (3) of section 3, the court shall presume that such person has committed such offence, unless the contrary is provedpresumption of culpable mental state103d (1) in any prosecution for an offence under sub-section (3) of section 3which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state, but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution(2) for the purposes of this section, a fact is said to be proved only when thecourt believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability15explanation—in this section, "culpable mental state" includes intention, motive,knowledge of a fact and the belief in, or reason to believe, a factcompensation for acts of violence3e(1) in addition to the punishment provided for an offence undersub-section (2) or sub-section (3) of section 3, the person so convicted shall also be liable to pay, by way of compensation, such amount, as may be determined by the court for causing hurt or grievous hurt to any healthcare service personnel20(2) notwithstanding the composition of an offence under section 3b, in case of damage to any property or loss caused, the compensation payable shall be twice the amount of fair market value of the damaged property or the loss caused, as may be determined by the court25(3) upon failure to pay the compensation awarded under sub-sections (1) and(2), such amount shall be recovered as an arrear of land revenue under the revenue recovery act, 1890'1 of 18908 (1) the epidemic diseases (amendment) ordinance, 2020 is hereby repealedrepeal and savingsord 5 of 2020303 of 1897(2) notwithstanding such repeal, anything done or any action taken under the epidemicdiseases act, 1897, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said act as amended by this act statement of objects and reasonsthe epidemic diseases act, 1897 was enacted to provide for better prevention of the spread of dangerous epidemic diseases the act empowers the central government and the state government to take measures and prescribe regulations whenever there is a threat or outbreak of any dangerous epidemic disease2 during the current covid-19 pandemic, there have been instances where the healthcare service personnel, who are at the forefront of fighting such disease, have been stigmatized and ostracized, besides being targeted and attacked by miscreants such incidences have resulted in deeply hurting the morale of healthcare service personnel, thereby obstructing them from performing their duties, and consequently, the entire effort at containing covid-19 pandemic has suffered due to such attacks on healthcare service personnel, their property and healthcare facility3 though state governments have enacted special laws to give protection to doctors and other medical personnel, the provisions contained therein are focused more towards physical violence at workplaces and the penal provisions thereof are not stringent enough to deter such mischief being committed the epidemic diseases act, 1897 also does not provide effective deterrence to such acts of violence or harassment meted out to healthcare service personnel therefore, in order to curb such unprecedented acts of violence, including physical and mental harassment and damage to property during covid-19 pandemic, there was an urgent need to have a law in place that provides protection to healthcare service personnel4 as the parliament was not in session and an urgent legislation was required to be made in this regard, the president promulgated the epidemic diseases (amendment) ordinance, 2020 on the 22nd day of april, 2020 under clause (1) of article 123 of the constitution5 the epidemic diseases (amendment) bill, 2020 which seeks to replace the epidemic diseases (amendment) ordinance, 2020 (ord 5 of 2020) provides for ––(i) conferment of concurrent powers upon the central government as that of the state government to take any measures to prevent the outbreak of an epidemic or the spread thereof;(ii) enlarging the scope of section 2a by empowering the central government to regulate the inspection of any bus, train, goods vehicle, ship, vessel, or aircraft leaving or arriving at any land port, port or aerodrome, in the territories to which the said act extends and detention of any person wherever necessary;(iii) stringent provisions to act as effective deterrents as under:––(a) making acts of violence cognizable and non-bailable offence; (b) commission or abetment of acts of violence shall be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years, and with fine which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees;(c) for causing grievous hurt, punishment shall be with imprisonment for a term which shall not be less than six months, but which may extend to seven years, and with fine which shall not be less than one lakh rupees, but which may extend to five lakh rupees;(d) in addition, the person convicted shall also be liable to pay compensation to the victim, and twice the amount of fair market value of the damaged property or the loss caused, as determined by the court;(iv) expeditious conclusion of investigation and trial by providing that offences shall be investigated by an officer of the rank of inspector within a period of thirty days, and trial to be completed within one year, unless extended by the court for reasons to be recorded in writing 6 the bill seeks to replace the aforesaid ordinancenew delhi;dr harsh vardhanthe 5th august, 2020 annexure extract from the epidemic diseases act, 1897 (3 of 1897) 1 (1) short title and extent(2) it extends to the whole of india except the territories which, immediately before the1st november, 1956, were comprised in part b states powers of central government2a when the central government is satisfied that india or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak of such disease or the spread thereof, the central government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in the territories to which this act extends and for such detention thereof, or of any person intending to sail therein, or arriving thereby, as may be necessarypenalty45 of 18603 any person disobeying any regulation or order made under this act shall be deemed to have committed an offence punishable under section 188 of the indian penal code rajya sabha———— a billfurther to amend the epidemic diseases act, 1897————(dr harsh vardhan, minister of health and family welfare; minister of science and technology; and minister of earth sciences)mgipmrnd—386rs(s3)—09-09-2020

Parliament_bills

e11f0171-bd9f-5f24-90f7-5c87eccbb325

the orissa appropriation bill, 1961(as introduced in lok sabha on 7th march 1961) 13 to the orissa appropri1'tion bill, 1961 (to be/as introduced in 10k sabha) 1 page 1,-before the title, for "cf" ~ "of" 2 pabe 1, line 9, iqi "r spect" ~ "respect" 3 page 3, line 14,-in column 3, m "361" nwl "6,361" 4 - page 4, 11 ne 20, in column 3, w "40,000," j:w "40,000" 5 p~e 4, line 21,-lqt "0 " ~ "of" 6 correct line numbers on pases 3 and 4 phalguna ·19, 1882 (saka) - dui no •• ~ cf 1"1: nih orissa: appropriation bill, 1961 (mtn'l'roduced ix los: sabha)a bill to auujorise pay·ment and appropria11ionoj cenaift,nrther ,bu1iui·frt>m and out :of the consolidated fum of the state of orissa fcyr the services lof the jinancialyear 1960-61 be it enacte'd by parliament in the twelfth year of the republio' of india as follows~-1 this act may be called the orissa'-appropriation act;' 196t' short title 2 • from and out of the consolidated fund of the state ·of 000000a issue of rs 5 there may be paid and applied sums not exceedijlg those sp~cifted in 1~ ::d8is column 3 of ithe schedule amounting in the aggregate to the sum of out of the four--crores, forty lakhs, forty-eight thousand; eight hundred·· and =lit-~ fifteen rupees towards defraying the 'sevesl, chargee· whioh~ will come state ~f t e in course of payment during the finenctal'year 1960!6t irt"r"s-'ct of orila for , --the year 10 the services 'specified in column 2 of the schedule 1960-61 3 the sums authorised to be paid and applied from and out of the ~ppropria­consolidated fund of the state of orissa by this act sh~llbeappro" tlon priated for the services and purposes expressed in the schedule in relation to the financial year 1960-61 j 2 3 sums not exceeding no senicei idd purpoaes of s vote voted by chaqed on' total parliament the coneolidated fund 10 , rs r • r •• i election idd other bxprnditure relatidi to the home department , ~b,51o 28,s30 2 jaill 1,03,soo 1,03,,00 3 police 10 10 is 4 planniq and recomtruction and other bxpedditure relating to the planning and co-ordiaation and politicaildd services departments is is , community development projects etc 20 , 20 20 6 river valloy development is 5,94,000 s,94,o1s - stampa 16,000 16,000 9 midilten civil 'secretariat and other expenditure relaridi to the finance depertment s 's 10 pension 7,34,002 3,911 737933 ii bxpeoditure relatina to die bducltion j)eparcmont 120 120 12 taution 3779 3,779 is rejittmjon s , 30 j6 ditrict adminimation and other bzpeadlture relauna to the revenue depiludent 2042,000 44,000 2,82000 1 3 sums not exceeding ~? services and purposes s vote voted by charged on parliament the to i ,rs consolidated fund -~-------rio rio 10 17 expenditure relating to the industries department 5 18 civil and sessions court and other expenditure relating to the law department 15 !9 stationery and printing a~d other expenditure relating to the commerce department 20 labour and emigration and 'employment organisation 21 tribal and rural welfare department 3,25,765 3,25,765 22 medical and other expenditure relating to t~e health departmenc 9,88,235 9,88,235 23 public health 24 irrigation 1,52,76,776 1,50,62,°76 i 25 i civil works 5,000 74,800 69,800 36 state legislature 5 5 28 electricity schemes 30 transport schemes 1,10,511 i,10,5il 31 fdtest is 15 30 33 co-operation contribution to local bodies 34 public relations 36 is agriculture 37 16,55,085 16,55,085 3s appropriation for reduction or avoidance of debt 5 5 hlrakud dam project 39 15,00,015 41 rloans to local funds, go ernment servants, etc 40 5 5 43 electricity schemes outside the revenue account and other bxpendituic 1'olatil1l to the works department - 0 0 0 0 sums not exceedidi n 0;' of services and purposes v ote voted by charged on total s parliament the consolidated fund ri it •• itlt 44 ali'icultdral improvement and itesearch 28,oo,oeje' r,lpo' a8o1b9'f ' 10 48 capital outlay on industrial development 6,341,505 6,32,505 51 subsidised industrial housing scheme-5 5 55 capital expenditure relating to !)evelopment (co-operation) departmeat i,80,coo 1,10,000' is s8 capital ncount of other works relating to the planninarad·co-ordi-' nation (gram pandlayat) depart- 40,000' 40,000,· ment , 60 capital ncount 0 civil works 1,17,71,023 4,8:;,000 i,22,s3,pa3 20 loans fram the c enttal government (repayment) 22,r8,j01' ' ::i2si8503') other loans 94,,·, 940920 total 3,87,10,756 sj,ji,oj9 4040048,115 statement of objects and reasonsthis bill is introduced in pursuance of articles 204 (1) and 205 of the constitution and the proclamation issued by the president on the 25th february, 1961 in exercise of the powers conferred on him by article 356 thereof, to provide for the appropriation out of the consolidated fund of the state of orissa of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the state of orissa and the grants made by the lok sabha for expenditure of the government of orissa for the financial year 1960-61 j ~ , 'f1"~ moraluiilzsai niiw' diuu; the fnh-ji-ch, 11961 - - - bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of orissa for the services of the financial year 1960-61 the president has, in pursuance of clauses (i) and (3) of article 207 of the c'jn~titutio:l of in:iia, read with article 205 thereof, recommend!d to l'lk slb!1a the intro:iuction and consideration of the bill ii n raul, sec1'eta,y (shri morarji desai, minister of fintjnce)

Parliament_bills

bf16736a-566e-5720-8332-d842aaf5b2be

bill no xxix of 2020 the homoeopathy central council (amendment) bill, 2020 a billfurther to amend the homoeopathy central council act, 1973be it enacted by parliament in the seventy-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the homoeopathy central council (amendment)act, 2020ord 6 of 2020repeal and savings3 (1) the homoeopathy central council (amendment) ordinance, 2020 is hereby repealed59 of 19735 (2) notwithstanding such repeal, anything done or any action taken under the homoeopathy central council act, 1973, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said act as amended by this act statement of objects and reasonsthe homoeopathy central council act, 1973 (59 of 1973) provides for constitution of the central council of homoeopathy for regulation of the educational standards of homoeopathy, maintenance of the central register of practitioners of homoeopathy and for matters connected therewith2 as the central council of homoeopathy had failed in its responsibilities and not cooperated wilfully with the central government in carrying out its duties in the manner required to safeguard the standards of education and practice of homoeopathy, the homoeopathy central council act, 1973 was amended vide the homoeopathy central council(amendment) act, 2018 (23 of 2018) to empower the central government to supersede the central council of homoeopathy and to constitute the board of governors to exercise the powers and perform the functions of the central council under the said act, till the reconstitution of central council within a period of one year3 the central council of homoeopathy could not be reconstituted within a period of one year as the state registers of homoeopathy were not updated for conducting elections to elect members to the central council therefore, the period for reconstitution of central council was extended from existing one year to two years vide the homoeopathy central council (amendment) act, 2019 (11 of 2019)4 in the meanwhile, in order to streamline the functioning of the central council on issues of membership, for bringing transparency in the mechanism of granting permission to colleges and practice of homoeopathy and improving the standards in medical education, the central government proposed to replace the homoeopathy central council act, 1973 and to supersede the central council of homoeopathy established thereunder accordingly, the national commission for homoeopathy bill, 2019 was introduced in the rajya sabha on 7th january, 2019 and the same was passed by the that house on 18th march, 2020 the national commission for homoeopathy bill, 2020 is pending in the lok sabha for consideration and passing5 as the central council of homoeopathy could not be reconstituted within extended period of two years and the central council was in the process of conducting inspections for the academic year 2020-21, the homoeopathy central council act, 1973 was required to be further amended to extend the period for reconstitution of the central council from two years to three years as parliament was not in session and there was a need for urgent legislation, the homoeopathy central council (amendment) ordinance, 2020 (ord 6 of 2020) was promulgated by the president on the 24th april, 2020 under clause (1) of article 123 of the constitution6 the homoeopathy central council (amendment) bill, 2020, which seeks to replace the homoeopathy central council (amendment) ordinance, 2020 provides for extending the period of reconstitution of central council of homoeopathy from two years to three years7 the bill seeks to replace the aforesaid ordinancenew delhi;the 27th july, 2020 annexure extract from the homoeopathy central council act, 1973 (59 of 1973) 3a (1) (2) the central council shall be reconstituted in accordance with the provisions of section 3 within a period of two years from the date of supersession of the central council under sub-section (1) power of central government to supersede central council and to constitute a board of governors———— a billfurther to amend the homoeopathy central council act, 1973————(shri shripad yesso naik, minister of state (independent charge) of the ministry of ayurveda, yoga and naturopathy unani, siddha and homoeopathy)

Parliament_bills

6556a8f3-4f44-54e7-ac06-eb90d91bd304

- ---- - _-------,,""--oorrigenda to, ~ tek-customs tariff (amendl-lent) bill, 1977(ie be/as iilti'o<&u~t;~ ~j lok sabha) 1 page 1, line 19,-after ''preferential'' insert "arealt 2 pa~ 9, line' 11,-!2!: 't:hapter 61" ~ ''crlapter·67'' 3 page 9, line 16,-, o - ~ " fer "like s"~ "like" ~_"page :to,_llne 20,-fer "section xvi,-" ~-"sectien xvi, in nete 1, _it p~ge 10, line 21,-5 pavr: 6 emit "in :nete 1 , " 1o, line :r1, -1qr "lae -rer-operated" re ad - "laser-eperated" 7 page 11, 11ne')9,-fer "words" ~ "wrd" 8 p':"jc 13, line 2~,-1n colullil1 2,-,", l ler "tannins" re ad "tanning" 9 page 13,11ne 39" -in column 2,-iqr ''tannins " ~ itt anning " 10 page 13, line ,43, - ' fq£ "no ,5'901/(611 ~ iino3901/o' " 11 :p'lge 13, line 46 s ,in-::olunm 2,-!q!: "po lyaddi on " re ad "po1 yadcli tion" 12 page 14, line 9, in column 2,-f9r "polyaerylic" reaq, itpolyacrylic 11 t3 page 14, jines 9 and 10,·in column 2,-fcr "polymethaerylic" read "polyme'thacrylic" 14 page 1-l!o,t-iine-61, - in·column 1,-rsu: 11 50 - 3/08 n re ad "50 0 3/08 n 15 page 15, line 23,-~fore "technical" omit "a" 1§ page 18$ line 6 from bottom,-~ ,inys so j " re ad "hys sop" 19 page 21, line 3,-i,or ':glycerolyes" read "gjycerol lyes" 18 page 21, line 26,-fgr "coca" ~d "cccca" 19 page 21, line zl,-for "syoups" read "syrups" 20, page 21, line 18 from bottom,-1:su: "substitues" reaq !'substitutes" 21 page 22, 1ast linc,-~fter "put '! ,insert ''up'' 22 page ~, 1:m6 12,-;-"allloys " read -"aljoys" 23 page:;e, line 12 from bot~m,-for ntextuc/fabrics-4'; !_~" "textile fabrics" 24 page 31, line 8,-: i for "screws 11 ~~ ilsci'eens" 25 page 34 , line 25,-\ for "filament tt read ~ j ~, , i nbw ,dbtbt; ~cember 12 19~ _ ' grahayana ~, r99 'salta) 10 =no, ", 117" ojt ' ' ,'-, the customs tariff (aml£ndment) bill, 19'17 it bill further to mnem the c~' toriff aet, 1975 ~ it p~~ by pa~liamellt in the twenty-~jghth year of the republic of india a! follows:- i (1) this aet may be i!a11ecl tlw c~, tariff, (amendment) act, short title ,7 f ancl commence s (2) it shall come into force on such date as the 'central government mem may, by natit\cation in the omcial guette appcdilt '10'1875 z ~ sec~on 4 oj the custo~8 tntf ,c\ct, 1~5 (~re~~r referred to ~ u\e pcipal act) ,-' ' amend men' of sectjon t (a) in sub-section (1), for the words iitheprcmluee or rnaaufactw'e hi ot" uuted:·killlldo or ""ch~ p" tw ,rea", ~ woftls ·mae produee or manulaetlire ~ iiucl!l·p",ft\i\w a ~l be aubdited; 15 (b) in sub-section (2), for the words "the produce or manufacture cd,the ujliteq kt or 01, olhet ~",~ ", ~ words "the produce or manufacture of any pref~l ~ea'~ iball be lubstltuted ; (tij· in slf"·~ (~,"_ the·", - "unitll4-xiqdgla" mens ·huftitmkbt~·8f!c!k tjlri_ "';~k'elud; d "otber prfren~jal"', the words - "prefetenttll ana'" ibau he: oii1bttltuted amendment of section 7 3 in section 7 of the principal act, in sub-section (1), for the word, brackets and1tpre ~lumnl'(6) ", the worn, brackets and figure "column (5)" shall be substituted 4 the first schedule to the principal act shall be amended in the manner specified in the schedule s amendment of the first schedul~ the schedule (see section 4) part iin the first schedule to the principal act,-(a) in the rules for the interpretation,-10 (i) in rule 3, for clause (c), the following clause shall be substituted, namely:-"(c) when goods cannot be classified by reference to (a) or (b), they shall be classified under the heading which occurs latest -, ' among tliose 'which equally merit consideration"; is (ii) under the' headmg "general erplanatory note", the words, brackets and figure "or column (5)" shall be omitted; (b) in each chapter,-(i) column (4) and the sub-heading "uk" occurring above that column shall be omitted; , ~ (ii) colunms (5) arid (6) shall be renumbered respeetively as columns (4) and (5); (iii) ,for 'the' sub-heading "other preferential areas" occurring above column (4), as 80 renumbered, the sub-heading "pj'efferential areas'~ shall be substituted; ~s (c) (i) in chapter 4,for note 1, the following note shall ~\)e substituted, namely:- , i '1 the expression "milk" means full cream or skimmed milk, butter milk, whey, curdled milk, kephir, yoghourt and other fermed~or acidified milk'; (2) in heading no;' 09~/10, in column (2), for the words anti 30 brackets "spices - (tncluding mixed spices)", the words and braeketa "spices (including mixed spices, thyme, saffron and bay leaves)" shall be substituted; ~~ ," '(3) in chapte!-'10, ,for th~ note, the following note shalt be " substituted, namely:-- " 35 "this chapter only covers those grains which have' been ':, mi~h1illed nor otherwise wqf~ however, rice, husked, ~ ~ , milled, polished, zed~rboi1ed; ~"~erted or' broken"~s , ~~cla98ifted,in thisqta'ier!';', ', (4) in heading no 1102, in column (2), for the words "exoept ':' 'husked, gl~, pou,hed or broken" rice'" the words and (igures -" "except nee failihg within chapter '10" &hlll1;e"tubstituted;" , - " (5) in chapter 12,-5 (i) in note 2, after the words "seeds of vetc:hes" the brackets and words "(other than those of the speeiei vici4 fgbg) w , "hall be inserted; , ': (ii) in note 3, in item (d), for the word "weedkille~", the word "herbicides" shall be substituted; , , 10 (6) in heading no 1204/06, in column (2), for the werds '!chicory roots, frejh or driet\, whole or cut, unroasted; bqp&", the words "hop cones and lupulin" shall be substituted; '" (7) in heading no 1207,' in colwnn (2) ,--(i) in the opening paragraph, the word " betel-nuts" shall 15 be omitted; (ii) sub-h~ding no (3) and the entries relating the~lo sjwi be omitted; 20 (8) in heading no 1208, in column (2), for the words "locust beans", the words "chicory roots, fresh or dried whole or cut, unroasted; locust beans" shall be substituted; (9) in chapter 13, for the title, the title "laa; gums, rebins and other vegetable saps and extrczctr' shall be substituted; (10) heading no 1301 and the entries relating thereto shall be omitted; (11) for heading no "1302" in column (1), the heading no "1301102" shall be substituted; , (12) in chapter 14, in the title, the words "atad carving" shall be omitted; (13) in chapter 15,-~o (i) in note 1 for item (b) the following item ,shall be substituted, namely:-"(b) cocoa butter (fat or oil) (chapter 18) ;"; (ti) in note 2, for the word "drup", the word "drell" shall be substituted; , 35 (14) in heading no 1508113, in column (2) ,-0) for the words "animal or vegetable oill", the words "animal or vegetable oila and fata" shall be substituted; (ii) the word "degras," shall be omitted; (ui) for the words "animal fats" 'the worda "edible fats" 40 shall be substituted; (15) in heading no 1514/17, in column (2), ,after the worda "not coloured;" the word udesras;" shall be jnserted; (l)' in' hea~ no 180110$, in column (2) for the worda '~ ()l' ~ed meat", the wordi "sauaaaes and the: like, of meat, meat otral or aruma! blood; other prepared or preihrved meat" shall be s\lbstituted; ·(17) ill "1 no 1702, for the eni&"y in column (2), the entry , ''otbw in iiiiud twin idduttinl glw:ote add lac ; sugar syrups, not containing added ftavouring or colouridi matter; art1ftctal boney, whether or not mlxed with natural honey; caramel" shall be iubltttuted ; (18) in heading no 1704/105, in column (2), the words h; ftavoured 10 or eoiwred 1fi'upi and mo ,- but not inelwling trait juices cgiitiintng a~ iupr in any pr&portion" shall be omitted; (j9) in heading no 1801/06, in ~91~n (2), for toe words "cocoa butter", the words and brackets "cocoa butter (fat or oil) oj shall be fiubltituted; is (20) in heading no 1901108, in column (2), for the words "mciiilary and tne ballfjrs' wares'\ the 'werds ''communion wafers, cachets of a kind suitable for pharmaceutical ur, _liilg _fers, rice paper and similar products; ordinary and ftde bakers' wares" shall be substituted; 20 (21) in chapter 21 tn note 1-(i) in -item (te'), the word "or" occurrmg at the eiid shall be omitted; (ii) in item (&i), the word "or" shall be inserted at the end; (iii) after item (d), as so amended the following item shall a; be' inserted, namely:-"(~)pl'epared (mzyrnes (chapter 35) ,,"; (22) in chapter 25,-(i) in note 2, for item (g), the tollo\1ving item shall be - ' subs-ututed, ullleiy:~ ,"<g) ,cultured,cryfstals (other than optical elements) welghldghot tess than two and a half grims each, of sodium - eh1eni at 1ii8gnillllall ,ide~ of cup_ 31; optical eiemmd of boc\ium chloride or of magneiftum _w!e (heading no 9001); 0il'''; 35 (ii), in note 3,~ (0) for item (e), the following item shall b~ substituted, namely:;; "(e) ,natural maplt8itam earbona1l8 (magnesite); fused magnesia; dead-bunued (aimex:ed) -pesta, 40 whether or not containing small quantities of other oxides adclid' bd'or sintering; qther magftftsum oxide, whether or not ~hemtcany pu~'·; - (b) in item (k), after the wol"di "after jilckiliiflg", thewords "; natural micaceous iron oxides; jet" shall be inserted; <it> in chapter 28,-(i) in note 1, in the opening paragr,h, lor tm'words "except s where their context or these notes otherwise require", the wol'ds "~t where the context or these notel bttterwise requires or require" shall be substituted; , (ii) in note 2, in item (a),~ (a) in sub-item (xii), the wort! "and'~' occurring at the end shall be omitted; 10 (b) after sub-item (xiii) as so amended the following 9gb-items shall be inserted, namely:- (xiv) phosphides, carbides, hydrides, nitrides, azides, silicide's and bolides" whether or not chemically deftned; is (xv) phosphorus pentoxide and p}:losphoric acids; (1:1ii) red lead and orange lead; (xvii) polysulphides; (z1'hi) commercial ammonium carboni«!' efmutning ammonium carbamate; and 20 (rir) commercial sodium and potassium silicates"; (iii) in note 3,-(tz) for item (4), the following item shall be substituted, namely:-' 2s "(4) sodium chloride iiffd l1\iitaesium oidde; wlajther or not chemically pulre, and other pronucts falling within section v;"; (b) in item (e), the words "of magneaium uic\eor" shall be omitted; (e) in item (1), after the words "and precious metals", the wtmts· "!'let preel0u8 metal alloys" shall be inserted; (d) in item (g), after the words "chemically pure", the words "and l1tetai alloys" shan be inmftaid; (e) in item (ii) the wotts "ef magnesium oxide or" smh be omitted; 3s '(il) in reading no 2801/518, in suf);b~ac:ba no (13), in eo1umn (2) after the words "m8iilesium eompotaclr, tb~ bracket and w ii ~ thala m"mm gilide, wbetller or not chemically pure)" shall be ineet"ted; ,(as) in chapter 29,- , ' (i) in' note 1,-:'" (a) in item (c), sub-item (ii) shall be omitted and subitems (iii) to (vii) shall be renumbered respectively as sub-items (ii) to, (vi); 5 (b) for item (h), the follc,wing item shall be substituted, namely:-' , "(h) the following products, diluted to standard itrengths, for the production of azo dyes; ruazonium salts, couplers used for these salts and diazotisable 10 amines and their salts"; (ii) i~ note 3,-(a) after item (f), the following item shall be inserted, namely:-"«(1) enzymes (chapter 35) ;"; (b) existing item (g) shall be relettered as item (h); (e) existing item (h) shall be relettered as item (ij); (d) existing item (ij) shall be relettered as item (k); (26) in heading no 2901/45, in column (2), in the opening paragraph, the word "enzymes," 'shall be omitted; 20 (27) in chapter 32, for note 2, the following note shall be substituted, namely:-"2 heading no 3204/12 is to be taken to include mixtures of stabilised diazonium salts and couplers for the production of azo dyes"; (28) in heading no 3204/12, in column (2), for the words "preparecipigments", the words "prepar<!d pigments and prepared opacifters" ,shall be substituted; (29) in chapter 35,-(i) for the title, the following title shall be 'substituted, 30 namely:-"albuminoidal subst4nces; glues; enzymes"; hi) 'for note 'i, the following note shall be substituted, namely:-"1 this chapter does not ,co'y'er: 35 (a) yeuts (chapter 21); (b) medicaments (heading no' 3003);' (c) enzymatic preparations for p~-tanning (headil\bno 3201/03); '(d) enzymatic soaking or washing preparations and 40 other products of chapter 34; ot ' (chapter 49) "; (iii) after note 2, the following note shall be inserted, namely:-s "3 this chapt~r also covers products suit,lble for use as glues put up for sale by retaii as ,lues in packages not exc~g a net weight of 1 kilogram": (30) for heading no "3501/06" in column (1), the heading no "3501107" shall be substituted, and in heading no 3501/0'1, as 80 10 amended, in column (2), for the words "glues not elsewhere specified or included", the words "enzymes, prepared enzymes and glues not elsewhere specified or inclurled" shall be substituted; (31) in chapter 36, in note 2, for the words "other combustible products" applies only to the following articles', the words 'th·! ex-is pression "articles of, combustible materials" in this chapter is to be taken to apply only to' sha}l be substituted; (32) in heading no 3601/08 in column (2) ,-- 20 (i) for the words "explosives including detonators and blasting 'fuses", th? words "explosives including percussion and detonatingcaps; igniters; detonators; detonating and safety fuses" shall be substituted; (ii) for the words "other combustible products", the words "articles of combustible materials" shall be substituted; (33) in chapter 38, in note i, in item (4), in sub-item (2),-(i) for the word "weed-killers", the word "~erbicides" shalj l,}e substituted; (ii) after the word "rat-poisons", the words ", pl8jlt-growth regulators" shall be inserted; 30 (34) in chapter 39, in note 1, in item (g), for the words "ridingcrops, fans or parts thereof", the words "riding-crops or parts thereor' shall be substituted; 35 (35) in heading no 4005/16, in column (2), uter·· the· words "vulcanised or hardened, not elsewhere specifted;",·the wo~ "vulcanised rubber thread and cord, whether or not textile coverec:l, and textile thread covered or impregnated with vulcanised rubber;" shan 'be' insertect; (36) in chapter 44,-(i) in note 1, in item (b), fer the brackets, word, letters and figures "(headfne no 1301) it, the brackets, word and ftgures 40 (chapter 14) it shall be substituted; , " (ii) in note 3, for the word'is "deacriptiona o plywood", tbe worda "descriptions of fibre building ::board,· plywood" shell be substituted; (tn m he~ no 4801/21, in cohman (2), the wor~ "build ing board ot wood pulp or vegetable fibre w~ or not bonded with natural or artificial resins or similar binders;" shall be omitted; (38) in section xi,-(i) in note 2, for paragraphs (a) and (8), the following 5 paragraphs shall be substituted, namely:- (a) goods classifiable in any heading in chapters 50 to 57 and of a mixture of two or more texti-e mat~rials are to be cl~fted as if consisting wholly of that on~ ~tp, material waich predominates in weight over any other lingle 10 textj}e material (8) for tha puqx)sh of the above rule: (a) metallised yam is 10 be treated as ~ :tngle textile material and its weight is to be taken ~s tbt; -aregate of the weight of the t~xti1e and metal co~nts; is for the classification of woven fabrics, metal t~d is to be regarded as a textile material; (b) where a heading refers to goods of dift'erent textile materials [for example: (i) silk and waste silk, (ii) carded sheep's or lambs' wool an(! cq,tnbeci sheep's 20 or lambs' wool], such materials are to be tl'9ted as a single textile material"; (ti) after note 5, the following note shal,1 be inserted, namely:-"6 the woven fabrics of chapters 50 to 57 are to be taken "-to i~clude fabrics consisting of layers oti parallel textile 25 yams superimposed on each other at ~cute qr right angles these layers arc! bonded at the intersections of the yarns by an adhesive or by thermal bonding"; fill) in 1iea<wlg no 0009/10, for s\tbbeadin,t no (a) in column (2), the following sub-heading shah be sub8tim:ted, nameiy:--30 (2) fabrics, not elsewhere spe~ifwd"; ' (fq) in ljeeding no 5705/~ j,a colujjld (2), tb,e w~ "aunp," shall be omitted; (41) in heading no 5709/12, in column (2), the words "of hemp," ihall;lte oiditt ; js (41) ij\ ~hapter "'~ (i) nqte 1 ~ be ~recl as paf~ (~) "' •• t note and after paragraph (a) as so lettered, the followiai wqraph sball be inserted, namely:-"(b) throughout this schedule, the term "felt" is to be 40 taken to include f~brics consisting of a web q£ textile fibres the cobes~on· of which hjj be," enlwl~ by a ti,tch·bonding proceis using ftbres from the web ltsetr'; (ii) in note 4, in item (a), in sub-item (iv) , lor the words 45 ' ,or t", the wonts "fabrics, whether or not te1tea," h8it,,- i\lbmttuw; t43) in chapter 60, alter note 4, the following note shalt be bi; serted,namely: -"5 throughout this schedule, any reference to knitbed gooas shall be taken to include a reference to stitch-bonded goods in , which the chain stitches are forined of ltextile yam"; (44) in section xii, in the tiue, the word '"; fans" shall be omitted: (45) in heading no 6601/03, in column (2), for the wdrds "walking-sticks and the like", the words "walking-sticks, canes, whips, rid 10 ing-crops and the like" shall be substituted; (46) in chapter 61,--' (i) in the title, the word ie; fans" shali be omitted: (ii) in the note, in item (e), the words "feather dusters," shall be omitted; is (47~ in heading no 6701/05, in column (2) ,-(i) after the words "wigs and the likes and animal hair", the w'oi'ds "and o~her textile materia1s" shall be insei¢ed; (ii) the words and brackets "; fans (non-"inechanical)" shall be omitted; ~o (48) in chapter 66, in the note, in item (k), after the word and figures "chapter 95", the words, figures, brackets and letter ", if made of materials specified in note 2(b) to chapter 95" shall be inserted; (49) in chapter 71,-(i) in note 2,-(a) item tij) shall be omitted; (b) item (k) shall be relettered as item (i;); (c) items (z) to (q) shall be relettered respectively as items (k) to (p); 30 (ii) in note 4, in the opening paragraph, after the words "sintered mixture", the words "and an intermetallic compouna" shall be inserted; (50) in section xv,-(i) in note 1, in item (d), for the words "walking-sticks and the like", the words "walking-sticks can'e!'s, whips, riding-crops and the like" shall be substituted; 3s , (ti) for note 3, the following note shall be substituted, namely:-"3 classification of alloys (other than ferro-alloys and master alloys as defined in chapt'ars 73 and 74): (a) an alloy of base metals is to be classified as an alloy of the metal which predominates by weight over each of the other metals; (b) an alloy composed of baaemetal&·of tlu8·sect1on llnd of elements not falling within this ··sectmnjialio,be treated as an alloy of base metals of this section if the total weight of such metals equals or exe-aeds the toral weight of the other elements present; 5 , (c) in this section, the term "alloys'! is to be taken to include sin1lered mixtures of metal powders, heterogeneous iritimate mixtures obtained by melting (other than cermets) and intermetallic compounda"j (51) in heading no 7409/111, in column (2), for the words 'other to articles of copper", the words "other articles of copper including nails, tacks, stapples, hook-nails, spiked cramps, studs, spike&; and :-drawing pins of iron or steel with heads of copper" shall be substitutedi (52) in chapter 76, in note 1, in item (c), for the figure and word "015 millimetre", the figures and word "020 millimetre" shan is be substituted; (53) in heading no 8101/04, in column (2), for the words "other bl$e metal, wtougbt or unw'l"()ugbt", the words "other base metals and cenneta wrought or unwrought" shall be substituted; (54) in section xvi,-(i) in note 1, in item (a), after the woids "electdcal appliances", the words "or for other industrial purposes" shall be inserted; (ii) in item (b), for the words "for industrial purposes", the words "£,or other industrial purposes-" shaube bubati1uted; 2s (55) in heading no 8404/05, in column (2), fol' the words "steam and other vapour power units, not incorporating boilers", the words "steam or other vapour power units, whether or not incorporating boilers" shall be substituted; (56) in heading no 8459, in sub-heading no (2), in column (2), 30 the words ", such as oil, soap or edible fa~; adiifidal ;plastics, rubber or other similar products, electric wires and cables, ropes, baskets and brushes, cigars and c:glrettea" shall be omitted; (57) in heading no 8511, in column (2), for the wonts "electric welding, brazing and soldering machines and apparatus and simila!' is electric machines and apparatus for cutting", the words "electric or laster-operat8d welding, brazing, soldering or cuttinl machines and apparatus" shall be su'bltituted; (58) in heading no 8518/27, in column (2) ,-(i) in the opening paragraph,-(a) the words "and electrically ignited photographic flash bulbs" shall be omitted; ('b) after the words "semj-conductor devices;", the words "light emitting diodes;" shall be idierted; (it) in sub-heading no (4), the words "; electrically ignitted 45 photographic flash bulbs" shall be omitted; (159) in' heading no"8t09y12,in column (2),-(!i) in the opening paragraph, for the words and brackets "invalid carriages fitted with means of mechanical propulsion (motorised or not)", the words "invalid carriages, whether or not 5 motorlsed or otherwise mechanicallypropelledtl shall be substituted; (ii) for sub-heading no (3), the following sub-heading' shall be substituted, namely:-10 "(3) invalid carriages, whether or not motorised cit otherwise mech8lilicaliy propelled"; (60) for heading no 8713/14' and· the entry 'in column (2), the following shall be substituted, namely:-u8713/14 other vehicles (including trailers and baby carriages), not machanically propelled and parts thereof"; is (61) in heading no 8901/03, in column (2), after the words 'lftoating docks", the words u; floating or submersible drilling or production platforms" shall be inserted; (62) in section xviii, in the title, for the words "sound' 'rilcordilrs land reproducms, television image and 20 sound recorders and reproducers, ~gne'i'lc~, the words usound recorders or reproducers; television image and sound recorders or'repiloducers" shall be substituted; ; (63) in, heading no 0097, in :column· (2), after the words "flasha, li&b~ apparatus", the words and figures uand flash·bulbs other th,1il discharge lamps of heading no 8518/27" 'shall ·be inserted; (64) in heading no 9013, in column (2), after the words uthis chapter", the words "; lasers oth~r than laser diodes" shall be inserted; 30 (65) in chapter 92, in the title, for the words "sound recorders and reproducers; television image and soond recorders and reproducers, magnetic", the words "sound recon:lers or' 1''p''o4ucetl; tele-'t:'idon i7j14{1e-' 'and lound recmders or reproduce-rs" shall be substituted; (66) in heading no 9201/13, in column (2), for the woll'ds lirecorders and reproducers, magnetic", the words 61recorders or repr0-ducers" shall be sub8tltuted; (67) in chapter 95,-(i) for the word uno'l'e", the words unotis" shall be substituted; 40 (ii) the existing note shall be numbered as note ), and in note 1 as so numbered,- (4) item (b) shall be omitted; (b) items (c) to (i;) shall be relettered ~cttvely a, items (b) to (h); 45 (c) item (k) shall be relettered as item (i;); (d) items (1) to (n) shall be relettered respectively as imns (k) to (m); (iii) after note 1 as so numbered, the following note shall be inserted, namely:-s '2 this chapter covers "worked vegetable or mineral carving material" and this expression is to be taken to apply to: (a) hard seeds, pips, hulls and nuts and similar vegetable materials of a kind used for carving (fier exam- 10 pie, eorozo and dom); (b) jet (and mineral substitutes for jet), amber, meerschaum, agglomerated amber and agglomerated meerschaum': (68) in heading no 9501/08, for the woms ~cworked unhardened is gelatin, the words "worked vegetable or mineral carving materi~l find worlred unhardened gelatin" shall be substituted; (69) in chapter 96, in the title, the words "fegt'mr dusters" shall be omitted; (70) in heading no 9601106, in column (2), the words "feather 2q dusters:" shall be omitted; (71) in heading no 9812/14, in column (2), the words "cors~ buaka and similar supports for articles of apparel or clothin, a~ ~ riel;" shall be omitted, | duration | when ||----------------------------|----------|| ratal | || of | || duty | || are protective | || part ii | || -------------------------- | || rate | || of | || duty | || heuling | || su~heading | || no and deacription | ------- || no | || of | || article | standard || areas | || (i) | || (9) | |in the first schedule to the principal act,-30 (i) in heading no 0801/13, after- sub-beading no (5), the following sub-heading shall be inserted, namely:-it , (6) betel-nuu rs 9'07 per kilogram rs·3·oo per kilogram (it) for heading no 1401/05, the following heading shall be 3s substituted, namely:-s vegetable materiab or a kind wed primarily for plaiting, tuffing or in bruahes or in brooms; vegetable p,toducts not ejaewhere specified or included : (i) not ebewhere specified 60% lo (ii) raw vegetable materials of a kind used primarily in dyeing or in tanning (iii) for heading no 1701, th~ fol1ow~s headin~ sballbe s1lbstltuted, ~aillely:,, b~t sugar and cane sugar, in iolid form l (,) not elsewhere specified 60% (ii) flavolll'cd or colpured (iv) for heading no 1703, th~ following headin~ shall b, substituted, namely:-| ~9 | "17'0~ | ~()l ||------------|-----------|----------------------|| | ; | || (i) | not | ebewhere lpecified - || 60% | | || (12) | | || flllvqqred | or | colourecl || 100% | | || | | || t | | |(v) for heading nos 3201 and 32j02/03, the followin, headtll8 shall be substituted, namely:-15 "si'oi/os "t&i1didi extractl of vqetable ori8id tannini (tandic acida) anci their clerlvativa, i)'iithetic ~ t&iiiijq lubltances and morpnlc taddint iubl-30 tanc:tt; taddidg preparaticml whether or not contain ing natural tannins materiala: 35 enzymatic preparations for pre-taiijiing (for example, or enzymatic, pancreatic or bac:teriai 0) : (i) not elsewhere lpecified 60% (ii) gambier 60% 40 | (3) ||----------|| tannins || and || taddiog || extracts || of || vep- || table || 0 || other || than || gambier |(vi) for· heading no 5901/06, the following heading shall be substituted, namely:-45 "s9'01/06 condensation polycondenaation and polyaddion produetl whe ther or not modified or poly-50 merised and whether or not linear (for exampl~ phenoplutl, aminopluts, alkyds poiyallyl esters and other unaaturated polyesters, iilicones); polymerilation and co-poly-| meriaation products (for | ex- ||-----------------------------------|-------------------------|| ample, polyetjlylene, polyte- | || traha1oethylenes, polyisobuty- | || lene, polystyrene, polyvinyl | || chlorldt', polyvinyl | acetate, || polyvinyl chloroacetate | || and | || other polyvinyl derivatives | || pojyaerylic | || and | polyrnetha- || erylic | || derivatives, coumarone- | || indene | || resins); | || regenerated | || celjulolle; | celluloie || cdluloie accctate | || and | other || cellulole | || estm's, | cdlulollc || and | othcr-cbcmical || of | cellulllle, plaaticiaed || (for | || aample, | || ~s, | || celluloid); vu\canisr!d fibre; | || hardened proteins | (for exam- || ple, hardened casein | || and | har- || dened | gdatin); || modified | || by | || fusion (run | || gums), | || artificial resins obtained | by || aterification | of || or | ofresinic acids || (e~ter | || gum,) | ; || chemical | derivatives || of | na- || tural rubber (for example, | || chlorinated rubber, | rubber || hydrochloride, | || oxidised | || rubber, | || cyclised rubber); other high | || polyrnen, artificial | || rains | and || artificial | plutic || including a1,inic acid, its salts | || and | esten; || ildoxyn | |(vii) for heading no 4001/2'8, the followinsh,ading shall be 35 substituted, namely:-"4401/28 wood in the rough, fuel wood, wood wute and wood charcoal; wood flour and wood wool; sawn and drebsed timber; veneered wood, plywood cellular wood, impruved wood and reconltituted woodjfibre building board of wood or other vegetable material, whether or not bonded with natural or artificial resins or with other organic binden; spools, bobbins and the like (vii) for heading nos 5003/07 and so08, the following heading shall be substituted, nam&ly: -"50· 's/08 silk waite (including cocoolll and pulled or gamelted rap); statement of objects and reasonsthe customs tariff act, 1975 (51 of 1975) which came into force on the 2nd aui\lst, 19'16 contains a new customs tariff nomenclature based on the customs co-operation council nomenclature (hereinafter referred to as the cccn) the act, however, is not a complete adoption of the cccn but only an adaptation, through suitable contraction anr\ expansion as specified' in the headinp to the )i'irst sohedule to the act, to luit our own requirement:;, such of the adjacent headings of the cccn al related to articles of negliiible significance in our import trade were merged into one or more headin'gs to 'simplify the scheme of our tariff and to make it better suited to owr conditions and pattern of trade the ar\optton:of contaractled lve1'8ion of the cccn by the gov8l'nment of india was- aamineci in' codltlltation with the' customs cgoperation council' iyld tmy had· pointed out that adaptation in the manner indicated above had'remued in,depal'turehtom the',eheme of that nomenclature in'some casli: wb!le· in some instances the depm'ture was deliberate and desirabl,:,th8&'e-were few· instances where there· was no purpose or advantage in making·a neparture from the·cccn it is, therefore, considered desirable· to make· neoesaary' changes in the act to align ·our tariff' better· with cccn~ 2 antly, the custdmsco-operation council had also recommended to ua members ,te :adoption of certain amendments to take effect from the 1st janubl"y, una the cbanges are mostly of a technical natull'e'seek,o ing to define or re-define clearly the scope of some of the headings it has been decided to incorporate the changes in the act except the amendments which are not necessary in view of the contraction of headings in our tariff·· and those which are contrary to the provisions of the customs act,' 1962 '(52 of 1962) 3 section 4 of the customs tarjff act relates to levy of preferential rates of duty in respect of articles which are the produce or manufacture of the united kingdom or of any other precarential area sub""section (4) of this section provides foor amending the first schedule to the act so as to discontinue the preferential rates if the central government is satfsfied :th~t in the interest of trade including promotion of exports it is necessary so to do accordingly, with effect from the 1'st july, 1977, preferential rates for goods of united kingdom origin were discontinued, opportunity is being taken to omit column {4) in the table below every chapter of the first-schedule'to the act which relates to preferential rates of duty on goods of united kingdom origin and to carry out consequential amendments 4 the bill seeks to rjve effect to ule above objegts nfw ilelhi; satish agarwal the 12th december, 19'17 president's recommendation under article 117 i of- the constitution of india [copy of letter no 527/11/77-cus (tu), dated the 15th· december, 1977 from shri satish agarwal, minister of state in the ministjry of finance to the secretary, lok sabha] the president, having been informed< of the subject matter of the bill furtjawto· amendthe customs tariff act, 1975, recommends under'clause (1) of article 117 of the·constitution of india, the introduction of tile· bill in lok sha ~ " ~', - - - - - f (1) where in respect of any article a preferential rate of revenue iduty is specified in the first schedule, or is admissitble by virtue of a notification under section 25 of the customs act, 1962, the duty to be 52 of 1962 levied and collected shall be at the standard rate, unless the owner of the ariicle claims at the time of importation that i·t is chargeable with a levy of duty where standard rate and preferential rate are specifleet prefe~ntial rate of duty, being the produce or manufacture of the united kingdom or of such other preferential area as is notified under subsection (3) and the article is determined, in accordance with the rules made under sub-section (2), to be such produce or manufacture (2) the central government may, by notification in the official gazette, make rules for determining if any m4ticle is the produce or manufacture of the united kingdom or of any other pmferential area (,3) for the purposes of this section and the first schedule, "united kingdom" means the united kingdom of great britain and northern ireland and "dther preferential area" means any country or territory which the central government may, by notification in the official gazette, declare to be such area - - - - - 1 (1) when 'the duty specified in respect of any article in the first schedule is characterised as protective in column (6) of that schef\ule, that duty shal11 have efl'ect only up to and inclusive of the da1le, if any, specified in that schedule - - - - - duration of protective duties and power of central government to alter them - the first schedule-import tariit (see section 2) rules jot the interpretation of this schedule - - , r~ j ! i i , ', - - 3 when for ·any reason, goods are, pl"ima facie, classifiable under two or more headings, classification shall be effected as follows: - - - - - (c) when goods cannot be classifiecj by· reference to (a) or (b), they shall be classified under the hleading which invooves the highest rate of duty - - - - - - gene1"al exptanato'l'y nate - - - - in any entry, if no rate of duty is shown in column (4) or column (5), the rate shown in column (3) shall be applicable - it ii - - , , ~ , :a 1 chapter 4 dairy produce; birds' egg,; 114tural honey; edible product pi ,animal origin, not ~laewhen specified ott' included no'l'ls1 "milk" means full cream or skimmed milk, buttermnk, whey, kephir, yoghourt and similar fermented milk - - - - - rp', nrduty duration sub-heading no and description of article heading no standard uk when rata oth"l' of duty are prefcrenprotective tialareas (6) (~) (4) (i) (5) (3) - - - - - - fruita, melon peel, citrw fruit peel and nuta (libelled or not), fresh or dried, preserved by freezing (whether or not cooked, but not containing added lugar), provisionally preserved (for exampl~, by iulphur dioxide gu, in brine, in sulphur water or in oth"l' preaervative solutiona), but unsuitable in i}at atalc ror immediate comunlption l ( i) not elsewhere ijlf'cifird 100% 90% (2) raw caahrw-nuls 100% 90% (3) dates 100% 90% (4) almonds 100% 90% 90% - - (5) pistachio nuls - - - 100% - "!t 04/10 spices (including mixed ~pkea) : ( 1 ) not rlllt!whrre ,pecifird 100% (ii) cardamoma, nutmep and pepperj chillies, ginger and mac", unground 100% 911-1/11% (3) cloves ri 60 per kilogram rs60per kilogram leu ,-1/2% (4) cuaia and cinnamon rslloper kilogram rs,1i0 per kil m leu 7-1/11% cereazi non:'except for rice, this chapter does not cover grains which have been ground to remove the husk or pericarp or 'otherwise worked however, the chapter covers unworked rit:e and also rice, husked, glazed, polished, or broken, but not otherwise worked | sub-heading no and dcscriptiqil | ot: | rate | of | duty ||--------------------------------------|------------|---------|-------|----------|| article | when rates | | | || heading | | | | || no | | | | || standard | uk | other | of | duty are || prer; | | | | || prottctive | | | | || tial areas | | | | || (i) | | | | || (lz) | | | | || (3) | | | | || (4) | | | | || (5) | | | | || (6) | | | | || - | | | | || - | | | | || - | - | | | || - | | | | || li'olz | | | | || - | | | | || cereal groats and cereal meal; other | | | | || worked cereal grains | | | | || jfor | example, | | | || rolled, | | | | || flaked, | | | | || polish | | | | || ,pearjed | | | | || or | | | | || kibbled but not further | | | | || prlared), | | | | || except husked, glazed, poli ed | or | | | || broken rice: | | | | || (i) | | | | || not elsewhere specified | | | | || 100% | | | | || (2) | | | | || cereal groats and cereal meal | free | | | || - | | | | || - | - | - | | || - | - | | | | chap'l'jl'a 12 oil seedls and oleaginous fruit; miscellaneous grains, seeds and 'fr'u£t; industtigl and medical plants; straw and foddernotes - - - - - - 2 for the purposes of heading no 1203, beet seeds, grass and other herbage seeds, seeds of ornamental flowers, vegetable seeds, seeds of forest trees, seeds of fruit trees, !!ieed& of vetches and of lupines are to be regarded as seetls of a kind·used for sowing heading no 1201 is, how ever, to be taken not to apply to the following even if for sowing: (a) leguminous vegetables (chapter 7); (b) spices and other products of 'chapter 9; (c) cereals (chapter 10); or (d) products falling within heading no i201 dr 1207 3 headb:lg no 1207 is to be taken to apply, i~ter alia, to the followina plants or parts thereof: basil, borage hyssoj, all species of mint, rosemary, rue, sage and wormwood heading no 1207 is, however, to be taken not to apply to: (a) oil seeds and oleaginous·fruit (heading no 1201); (b) medicaments and othel':;products falling within chapter 30; (c) ~r:fumery and other products falling within chapter saj or (4) disinfectants, insecticides, fungicides, weed-killers or stmflar products falling within chapter 38 raw vegetgl>z, matnals of a'k£nd suitable for use in djlftfl{1 or in tanningj lg:c'; gums, resins and other- wgetable saps and c:rtnjct i - - - - - sub-heading no and descriplion of article heacjiqg no rate of duty duration ----------- when',attl slaildatd ' uk odrtr of duty are pl'd'enii- pro~ve ' tial areas (2) gums, arabic, benjamin (ral and cowrie) add dammar (including unrefined battu) 60% 60% (3) asafoetida it chapl'ir 14veget4ble ptaitilng ~ ccltlding ~,' wgetjable prokiuc'tb not elsewhere specijwd or iftcluded - - - - - - h~ading no s\lb-h~ading no and description of article rate of duty dura tio n ---------- when r at (i standard uk other ofduty ar e prereren- prote eti ve tial ar~a (5) (6) vegetable materials of a kind used primarily for plaiting, t"fling or in brushes or in brooms; hard seeds, pips, hulll and nuts, of a kind uaed for earvill8 (for example, cor020 and dom); vegetable products not elllf'-whttl' specified or included - - - 60% - chaptbr 15 animal and vegetable fats and oils and thait' cleavage products; prepared ed'iblei ftttb; anim41 and vegetable wcio%e' no'l'i's 1 this chapter does not cover: - - - - - (b) cocoa butter (chapter 18); 2 soapatocks, oil foots and drugs, stearin, wool-grease and glycerol residues are to be taken to fall in heading no 1514:/17 sub-heading no and deacription of article heading no rate of duty duration standard --------- whenrt" uk other of duty are i'referen- protective tial area (9) (5) (6) (a) (i) animal and veptable ~i bol!ed oxiclued dehydrated or omerwue modified; ratty acids, acid olla from reo | fining; fatty a!coholl; glycerol | and ||-------------------------------------|----------------|| ilycerolyes; animal or vegetable | 011 || hydrogenated | or || other procell; degral, margarine, | || imitation lard | || and | other prepared || animal | || rata | - || 60% | || spermaceti | and || whether | || or | not || 60% | |iultidl from the treatment of fatty ubetances or animal or vegetable waxes | prepared | or | i;lrclerved meat, ||---------------------|-----------|----------------------|| filh | | || in | | || cluding caviar | | || and | | || caviar ubstitutes, | | || cj'iiitaceani | | || and | molluscs; | meat || extracta | and | meat juices; || fiih | | || extracts | | || - | | || - | | |100% other luran including glucoae and lactolc; ugar ayrups; artificial honey (whether or not mixed with natural honey), caramel 100% moluici, whether or not decolouriacd 60% 1,'04/05 sugar confectionery not li:ontaining coca; ftavoured or coloured ugan, youps and molaaes, but not including fruit juices containing added ugar in any proportion 100% cocoa and cocoa preparationa (for example, cocoa bcana, heu, hulb, skina iiild waite, cocoa paste, cocoa butter, cocoa powder, chocolate and other food preparatiolll containing cocoa) 19' 01/08 100% malt extract; preparations of flour, meal, tarch or malt extract of ~ kind wed for 'infant food or fof dietetic or culinary purpoaea, con· taining leu thiiil so per cent by ~ht of coco&j macaroni and imilar productl - tapioca and ,0 and their iubititues; prepared fooda obtained by the aweluuc or routing of cereaij or cereal products (for example, corn flakcs); ordinary and fine baken' wares (for example, bread, cuita, paatry and cakes) rusks, bi - - - chaprm 21 miscellaneous edibze preparatiom notes1, this chapter does not cover: · ' - - - - - (c) spices and other products falling within heading no 0904/10; or · (d) yeast put up as a medicament and other products of heading nd~ 3003 - - - - - - chapter 25salt; sulphur; earths and stones; plastering materialsl lime and cemnt notes - - - - - - 2 this chapter does not cover: - - - - , (g) cultured sodium chloride cryatala(otlier then optical elements) weighing not less ~ two ~da ~ grams - of chapter 38; opticail elements of sodium chloride (hea~g no 9001); or - - - - - 3 the following goods are to be classuled in this chapter: - - - - (e) natural magnesium carbonate (magnesite), whether or not calcined, other than magnesium o¥iqej - - - - - (k) meerschaum (whether of not in polis~ed p~) ~ am; agglomerated meerschaum and agglomerated amber, in plates, rods, sticks or similar forms, not work~ qfter moulding; ~ - - - - - caapter 28inorganic chemicals; organic and inorga7lic compounds of precious metalsl of rare earth metals, of radio-jlctive e~emenqs a~ q/ ~q'opes notes1 exclel>t where their context or these nates otherwise require, this chapter is to be taken to apply only to: - - - 2 the following products are to be classified in this chapter: (a) (i) alkali and alkaline-earth ~e~; r~, wth metals, yttrium and scandium and inter-dlixtuns or idterallor8 u1enofj mercury; - - - " (~i) phosphides including ferro-phosphonls, containing 14 per cent or more by weight of phosphorus, and phosphor copper containing more than 8 per cent by w~ght of phosphorus; and (xiii) sulphur, ~\1~lb;ned or neci'p~~d; ~uoidal sulphur - - - - 3 tlns chapter does not cover: (a) sodium chloride or other mineral products fallinl within ~"{:, - - - - - (e), artulclal grapbite; products put up as charges' tor fireextinguishers or put in fire extinguishing grenades, :ink ~oftr put up in packings for sale by retail and cultured crystals (other tbwn optical elements) weighing not less thail 250' grams each,: of magneaiulll oxidel or of the halides of the alkali or of the alkalineelrtltm'efals (chapter 38); (f) preeiou8 or semi-precious stones (natural, synthetic or ~ constructed) or dust or powder of such stones (headings nos 7102 to 7104) and precious metals falling within chapter 71; (g) the metals, whether or not chemically pure, falling within any heading of section xv; (h) optical elements, for example, of magnesium' oxide or of the halide of the alkali or of," the alkaline-earth metals (heeding no 9001) j or | - | - ||---------------------------------|-----------|| ' | || - | - || heading | || no | || sub-heading no and deicription | of || article | || -,------------- | whenratea || standard uk | other || preferen- | || are | || pro- | || tial | || areas | || tective | || (~) | || (i) | (3) || (4) | (5) || (6,- | || 28'01/58 | || - | || | || - | || - | || - | || - | || chemical | elementl, || mical compounds | || and | other || pro- | || ducts | 81 || i | || and | || ii | || to | || this | || chapter: | || - | || - | || (13) | the || - | || - | || magnesium compounds | || 60% | || - | || - | || - | || - | || - | | chapter 29 organic chemicals notib1 this chapter is to be taken to apply only to: - - - - - - (c) the following products, whether or not chemtcally deflned: (i) antibiotics; (ii) enzymes; - - - - - - (h) diazonium salts, arylidesused as couplenfor,these salts and fast bases for azoic dyes, diluted to standard strengths - - - - - - 3 this chapter does not cover: - - - - - - , __----| sub-headiq | no ||-----------------------------|-----------|| and | || delcription | of || article | || hudids | || no | || rate | || of | || duty | || durati011 | || ---- | whoa: || standard | || uk | || other | || til | || duty | || prderen- | are pro- || tial | || area | || tcctive | || (ii) | || (3) | || (4) | || (5) | || (6) | || (i> | || iigoi/45 | || •• | || orpnic | compoudcu || idc1udiq | || anti- | || biocica, enzymes, hormodes, | || lulpha | || drup, | || vitamina | || and | || other productl | || =ed | || in | notes || i | || and | || ii | || to thia | || ter: | || - | || - | |chapter 32 tanning and dyeing enractb; tannins and their derivcitives; dyes colourb, paints a!,d vamibheb; putt!l, fillerb and stoppingb; inks notbs2 heading no 32j04/12 is to be taken to include mixtures of stabilised diazonium salts and coupling compounds for the production of insoluble azoic dyestuffs on the fibre heading no sub-heading no and dejcriptiod of rate of duty article ------standard: uk other preferential area duration when ratea of duty are pr0-tective (ii) (i) (6) (3) (4) (5) tanning extractl or vegetable origin: 31101 (i) not elsewhere specified 40% (ii) gambier 60% 50% 32011/03 tannilll (tannic acids) and their derivativci; ynthetie orsanic tanning lubitanccl, and inorganic tanning iubatanccl; tanniog preparationl, whether or dot containing natural tanding materia"; enzymatic preparations for pre-tanning (ror exame of ~matic, pancreatic, or tenal origlo): (i) not e1aewhere specified 60% 50% (ii) mineral tanniua 40% 311•04'111 | colouri:ti; matter; ynthetic | oflanic ||----------------------------------|-------------------------|| dreat | (including pigment dye- || tulli); | producii || kind | || used | || a | || lumiaopborci; | optical || bieachinr | || agentl | || ubatantive | to || pared | || piplenll; | || colour | || bwi; | || painll, | || varniahea and enamels; | || pre- | || pared | || drien; | frutty, || fillers | || and | || atoppinga; | || gl_ | || rit | and other || gl_ | || in | the form || powder, | || granulea | || or | ftakea; ltampingroila: || - | || - | || - | | ajbum,£noidal subtanceb;' glue nons1 this chapter does no~ cove~: (a) ,protein aubstanees put up as medicaments falling within :j{eadixli no 3003; or (b) gelatin postcards and other products of the prblttng industry (chapter 49) - article ';/ heading sub-beading no and description of rate of duty duration no standard u,k whenratn other of duty pre!erenare protialareu tective i ca) (i) '(4) (5)-(11" (6) , 1be followinl iubs es ud tjacir derivatives, namely cuein, album, piildll (wheller or iiigt , ,colqwed or nluface-worltrd) jx"- ttjift!i awdother ,,roteln lubitances; isingl ; hide jlowder; drxtrillb: loluble or ro", d atareh",: glut's not elsewhere" spn'ifird or included: ciiap'rblt ·36' ~ ~ e~loawe; pyt'otechnic products; matche,; pyrophoiric allos/; ~m , ' " ~bumble 'p7'epat'cltkma " i ;i' 't notes - - • -- 2 "other cgmbultible products" appuesodly to the following artiaies: la) metaldehyde, hexamethylenetetramine and similar bubaamceb, put up in forms (for example, tablets, sticks or similar forms) for use as fuels; fuels with a basis of alcohol, and stmllar -prepared fuels, ift solid or semi-solid form; (b) liquid fuel (for example, petrol) of a kind used in mechanical lighters, in containers of a capacity not exceeding soo eubic centimetres; and (c) resin torches, firelighters and the like headi, no, sub-headilif no and delcriptlon of mtiele rate or duay duration -------- when ratel standard uk other 01 duty pn6~'en- rare 1"'" tial tective nejl (1) (ii) (s) (4) (5) (6) ag·~i/08 ~oiivel indudll18 detodaton and util18 f'uic!i; pyrotechnic artidei (for example, fireworb, railway fotj liplal_, amorc:ts, raid rocketl) ; matcbeji; p~orjc all and other colllbultibje ~uctl u lpeclfied in note ii to t chapter - 60% cbapl'ib 38 mibceuafteoua chemical product, ncma 1, this chapter does not cover-(a) separate chemically defined elements or compounds with the exception of the following: - - - - ~ (2) disinfectants, insecticides, fungicides, weed-ldllers, anti-iprouttng producta, rat poisons and limilar products, put up in lonna or pacldngs for sale by retail or as preparations or as articles; - - - - - - chaptir 39 attillcicil telina am plastic matferinls, cellulose e8m and 6th61"; af'ticle thereof notes 1 this chapter does nat cover: - - - - - (g) footwear, headgear, umbrellas, eunahades, walldng-sticlll, whips, rlding-cropa, fana or parts thereof or other articles falung wfthin section xn; - - - | lub-head, | no ||-----------------|------------|| and | || delcl'lption of | || article | || aate | ofduty || duration | || --------- | when rate || standard | ul |headiiii no of duty duradoa ------ ----- wbaa rath staddard uk other of duty prefereq· are tlal areal protccdve (i) (a) (3) (5) (6) lioo prlduct_; artificial plutic materiab, siucones; natural i'ciw modi&ad by fulioo 01' esterification ucb as run iuidi or ester 1wjli; regenerated cellulose; chemical derivatives of cdlulole; vulcaniled fibre; iwdeaed proteine; chemical derivatives of natural rubber; other bifb polymers (iocludiag ,inic wd, ita balta and esters); lidoxyn preparations (iacludiq muter batc:bea) of natural or ynthetic rubber; madiifacturea oj' natural 01' synthetic rubber, wbetber or not vulc:aoiled or hardeded, not elje· where pecified; waste and scrap of bardened rubber: wood and gt1ic1e 01 wood; wood chcweoal no'mi1 this chapter doli not cover: - - - - , - (b) wood of a kind used primarily in dyeid8 or in tazidjd ~d-1ng no 1301); - - - - - 8 th1a chapter covers articles of the reapecttve 'cthcrlpt1od1 of plywood, cellular wood, "improved" wood or recoiuitttuted wood - they apply to such articles of wood | sub-heading | no ||----------------|----------|| and | || description | || of | || article | || headidg | || no | || rate | of || ---------- | ouratlon || standard | uk | ·01/18 wood in the rough, lu~l wood, wood waite and wood cbarcoal; wood hour and wood wool, uwn and drajed timber; vm~d wood, plywood, cellular wood, improved wood usd i'cconatituted wood j pooll, bobbins and the iik~ of turned wood; articles of wood, dot djewbere pecified rate of duty duration sub-heedia& he ud delcription of , ~ he article standanl u k other of c:l-y are prd'erenprotective tialareuj ,s,o'" paper and paperboard, au aorta, whether in rolb, meets or cut to size or shape (including cellulose wao coinpolite paper or paper iidd impregnated, c0ated, corrupted, embolaed, perforated, surface co1oured or daconated, ruled or printed paper or paperboard); filter bloeb, dabl iidd plates of paper pulp; builciiq board of wood pulp or vegetable fibre wbe~er or not banded with datural or artificial resina or aimilar binden; stationery made of paper or paperboard i articles not elsewhere pecified, of paper, paperboard, paper pulp or cellulaee wadding: s'ic'mond \'tq~,~ll) t~ arinqle ikmbi ~! ~~ q()o(\s qlas,s~ in an)' headjqi in~ten po ti? 5'1 pond of a mixture of two or more different textile materials are to be ~l~ft-=d according to the following rules: , ' (ch imode £olltllillw ~are tbinl !oper",", , '"i~ ~ tik, ,jlqm or plth, wm1e uk ~ bdy ,(m)bm,ti,en; ~,8f to __ ~r¥,a~ in chapter 50, and, for the purposes of cluliftcatipn ia tba c4apt4u:, as if consisting wholly of that one of those materials which predoiilinates in welght; (b\) u 'other goods are to be classified as if consisting wholly of that one textile material which predominates in weight over any other single textile material (8) for the purposes of the above rules: (0) metall:ised yam shall be keated as a ~,tawmatedal and its weight shall be taken as th'e aggregate of the wejght of the tex'ti1e and metal components, and, for ,the c1assiftcatiod of woven fabrics, metal thread is to be regarded as a tex:ttle material; ~b) whe1"e a heading in question refen to goods of cilljerent textile materials (for example, auk and wate silk or~· sheep's or lambs' wool), all those materials 'shall be treated as ;being one and the-mei ' _" 1 ;, , (c) except as provided m (b) (a) above, the weight of constituents other than textile materials tsnot to be included in the weight ·ef the preis hcadidg no sub-heading no and description of article rate of duty duration ----------when rate standard uk other sf dllty are preferential protective areal (6) (5) (s) (i' (ii) silk waste (including cocooiu udluitable for reding silk noils and pulled december silt, 1979 or garuetted rap): lilk yarn 50%/ilus lb 8'80 per kilogram so· 08 silk worm gut and imitation catgut oflilk - - - - so· 09/10 woved fabrici of silk including ,ute iiik ud aoil tilk: | (ii) | fabricl, ||--------------|-------------|| not | || eli~here | ~ || contaiduag | || more | || than | || 10 | || per | || cent | || and | || 1i0t | || more thad go | || per | || cent | || - ilk - | || 100% | || - | || - | || - | || 57'0(,/08 | ywd ||--------------|--------|| of~empof | || jute | or || vqe- | || | b1e || textile | || libra; | || paper yarn | || 57'09/111 | woven fabrici | of | hemp, | of | jute ||--------------|------------------|-----------------------|----------|-------|---------|| other | veptable | textile fibrelj woven | | | || fabria | of | paper yam | | | || 100% | | | | | || - | | | | | || - | | | | | || - | | | | | | c'bapter 59wagding aftd telt; twine, co'i'dage, rope and cable; apecicd fabrics impregnated and coatled fabrics; teztile articles oj a kind suitable for iftdubtriai ube no'1'i'6 - - - - 4 in heading no 5916/17, the expression "textile/fabrics and textile articles, of a kind commonly ~d in machinery or ,plaxxt" is to be taken to apply to the following goods which are to be taken as not fa111ng within any other heading of section xi: (a) textile products (other than those having the character of the produ~ of chapter 59), the tonowing only: ' - - - (iv') woven 1iextile felts, whether or not impregnated or coated of a kind commonly used in paper-making or other machinery, tubular or endless with single or multiple warp and/ er weft, or flat woven with multiple warp ·and/or weft; - •• ' - | | | section | xii ||-------------------------------------------------------|-----------|------------|------------|| rootwear, | headgear, | umbrellas, | sunshades, || whips | | | || riding-crops and parts thereof; prepared feathers and | | | || articles made therewith; artificial flowers; articles | | | || of human hair; fans | | | || - | | | || - | | | || - | | | || - | | | || - | | | || ---------------------------------------------------- | | | || headinr | | | || no | | | || sub-headint no | | | || and | | | || dacription | of | | || article | | | || rate | of | duty | duration || ---------- | wbenrata | | || standard | uk | other | || ofduty | are | | || preferential protective | | | || areas | | | || (5) | | | || (6) | | | || (i) | | | || (i) | | | || (8) | | | || 66'01/03 | | | || umbreuu | | | || and | | | || 1uiiihades" | | | || all | | | || ioi'ta; | | | || walkiq-lticb | and | | || the | | | || like; parts, | | | || fittidp, | | | || trimmidp | | | || and | | | || ac:ceuories | | | || of | | | || the | | | || foretioidi | | | || 100% | | | | chapter 6'1prepared feather, and down and article, made of feather, or of doton; artificial fi,otoer,; article, of human hgir; lana nodsthis chapter does not cover: - - - (e) feather dusters, powd«-putfs or hair sieves (chapter 96); heading no sub-heading no_ and description (if rate of duty duration article when rats standard uk other ofdutyare preferential protective areas (a) (3) (5) (6) skins and other parta of birds with their feathers or down; prepared reatben aod down and ardclea iude of featben or of down; artificial sowen' buman nr animal hair; work;! j articles of human hair; will and the like, aod animal hair prepared for uae in making them; fana (non-mcchanicai) • ------------- --------------- cjiaptiii 68 article, of ,tone, of platet, of cemleftt, 01 asbetoa, of mica and oflimil4, materiala nara "this chapter does not cover: - - - - - (k) articles falling within chapter 95; - - - - - pearzs, precious and semt-precious stofte" preci0u8 metals, roned precious metals, and articles thereof; im:itation ;ewellet'y nons - - - - - 2 'nus chapter does not cover: - - - - - (ij) fans and hand screws of chapter 67; - - - - ~ 4 1i'0r the purposes of this chapter, any alloy (including a sintered mixture) containing precious metal is to be treated as an alloy of precious metal if, and only if, anyone precious metal constitutes as much as two per cent, by weight, of the alloy alloys of precious metal are to be classified according to the following rules: - - - - - section xv base metals and articles 011' base metal nan:s- 1 this section does not cover: - - - - (d) umbrella frames and other goods (parts, fittings, trimmings and accessories of umbrellas, sunshades, walking-sticks and the like) falling within chapter 66; - - - - 3 classification of auoys (other than ferro-auoys and muter alloyb as defined in chapters 73 and 74): (a) an alloy of base metals containing more than 10 per cent, by weight, of nickle is to be classified as an alloy of nickle, except tn the case of an alloy in which iron predorntnates by weight over each of the other metals; (b) any other alloy of base metals is to be classified as an alloy of the metal which predominates by weight over each of the other metals: (c) an alloy composed of hue metals of this section and of elements not falling within this section is to be treated as an alloy of base metals of this section if the total weight of such metals equals or letxceeds the total weight of the other elements pr~t (d) in this section, the term "alloy" is to ·be taken to include iitiltered mbdures of metal powders and heterogeneous intimate mixtures obtained by nielting (other than cennets) - - - - - | sub-heading no | and | dac:ription ||----------------------|----------|----------------|| of | | || anide | | || headidg | | || no | | || rate | | || of | | || duty | duration | || --~----~----------~~ | | || standard | uk | other || oftluty | | || are | | || pri!ft:rcdtial | | || protective | | || area | | || (ii) | | || (5) | | || (6) | | || (-) | | || (3) | | || (4) | | || 74' | 09/19 | other || articles | | || of | | || copper | | || - | | || - | | || - | | || - | | || - | | | chapter 76 aluminium and atticleb thef'eo/ notts1 in this chapter, tb,e following expressions have the meanmg& hereby -ass,igned to them: - - - - - (c) "wrought plates, sheets and strip" (heading no '7803/04): fiat-surfaced, wrought products (coiled or not), of which the maximum eross-sectional dimension exceeds 6 millimetres, and of which the thickness exceeds 015 millliatre but does not exceed one-tenth of the width - - - - - | sub-beading no | and | dcsc:ription ||-------------------------|-------------|-----------------|| of | | || rate | of | duty || article | when rates | || headinw | | || no | | || standard | uk | || other | | || of | | || duty | | || are | | || preft!rcddal protective | | || areas | | || (ii) | | || (-> | | || " | | || co | - | :, || (3) | | || (4) | | || (5) | | || (6) | | || | | || 81'0_/°4 | | || tungsten, | molybdenum | tantalum || lind | | || other'" | | || mew, | | || wtougbt | | || or | | || unwrougbt, | and | articles || thereof: | | || (j> | | || not | elsewhere | || apecificd | | || 60% | | || (it) | | || uaatioyed | tunptro, | || molybde- | | || num, tantalum and | | || other | | || hue | | || metak, | | || unwrgupt: | | || - | | || - | | || - | | || 40% | | || - | | || - | | | section xvi machinery and mechanical appliances; electrical bqu1pmtnt;par~ ~" ' no'l'bs 1 this section does ~ cover:(0) transmission, conveyor or elevator' belts or beltlbc, of artifictal plastic material of chapter 39, cit of vulc8dieeci ,rubber,(heading no 4o"()s/16); or other articles of a kind 'uleli oil' macbtnery, mechanical or electrical appliances, of unhard~ed wlcanise9 rubber (for example, washers) (heading no 4005/16); - (b) artich of leather or of composition leather (chapter 42) or of furskin (chapter 43), of a kind used in machinery or mechanic:ai appliances or for industrial purposes; - - - - rate of duty sub-brading no and delcription of article headme no u k other staddard duration when rata of duty are protec: tive ~ierential arell!l (6) (i) (3) - - - - - - - - - - steam engines (including mobile enginl's, bui not steam tractors falling within heading no 87'01 or mt>ehanically propelled road !'oilers) with self-contained bqilen; steam and other· vapour units, nol in(,orporating boilen power - - machines and mechanical appliances, having individual functions, not falling within any other heading of this chaptrr : (jo% (i) not rljrwhrrr specified - - (2) machines and merhankal appliances designed for tlae production of a commodity, luch oil, soap at edible fats, artificial plrultia, rubber or other similar producll, c1cctric lioirea and cables, rop"" baskets and brushes, cigan and cigarettes; machinery for treating qletala, wood or similar materiala, for stripping and cuttiq of tobacco leaf or for cut, or rolling tea leaves; machiucll tor mounting card clothing, mtc1ear reactors - - - - - - industrial and laboralory electric fumacea, ovem and induction and dielectric heating equipment; ek-ctric welding, brazing and 101-dering machine» and apparatull and similar rlectric machines and apparatus fur cutting: - - - electrical capacitors; electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuitl; resiston other than beating resistors; printed cit-cuits; switchboards (othc'l' thail telephone switchboards) and control panels; electric filament tampa and dischugc lamps, arc-lampl and electrically ignited photographic flash bulbe; electronic valves and luba; photocells; mounted piczo-'electric crystals; diodes, tramiston heading no sub-heading no and delcription of article rate of duty duratioll ------ wbearatn standard u k other ofdutyan: prefeprotective rential area and similar semi-conductor devices; electronic microcircuits; insulated electric wire, cable, ban, strip and the like: whether or not fitted with connecton; carbon brushes, arclamp carbom, battery carbons, carbon electrodes and other carbon articles of a kind uied for electrical purposes; insulators of any material; imulating fittings for electrical equipment; electrical conduit tubins and joints therefor, of bile metal lined with inaulating material: electrical appliances and apparatul, having individual functions, not fal1ing within any other heading of this chapter: | (4) electric | filament | lamp: | and ||-----------------|---------------------|--------------|--------|| t"lectric | discharge | lamps | (ex- || cluding | infra-red | | || and | ultra- | | || violet | lamps); arc-iamp!l; | | || elec:- | | | || trically | igruted | photographic | || flash | | | || bulbs | | | || 100% | | | || - | | | || - | | | || - | | | || motor cycles (including | icooten), | auto- ||----------------------------|--------------------------------|-------------|| cycles | | || and | cycles | fitted with || auxiliary | mutor with | or || lide-can; | lide cars | of || clet | (including delivery tricydcl), | || not | motorilcd invalid | || carriagea | | || fitted | with | meana || propulaion | (motoriled | || or | dot); | || parts | | || and | acceseories | of || goiqlll'ticlcl: | | || - | | || - | | |(3) invalid carriages, fitted with meana of mechanical propullion (motoried or not), and parts and acccwories thereof 60% other vehicles (including trailen, baby carriages and invalid carriages), not mechanically propelled, and parts ther~f &g 01/03 | ship!l, boats, | v_ii | lpecially deaigned ||-------------------|---------|------------------------|| for towing | | || (tup) | or | pumiq || oth~ | | || v1!iidi, | | || and | other | || vciieja | | || dot | | || eiie- | | || where | | || pecified;: | | || light-veaela, | | || fin: | | || boats, | | || drecl«era, | | || floating cranes | and | || other | apeci&l | purpole || dock, | | || --_ | | || | | || __ | | || | | || --------_ | | || | | || _-- | | || - | | || - | | || - | | | section xviii optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instru- ments and apparatus; clocks and watches; musical instruments, sound recorders and reproducers, television image and sound recorders and repro- ducers, magnetic; parts thereof| sub-heading no | and | description | of | rate ||-------------------------|-------------|----------------|-------|------------|| -heading | | | | || no | | | | || article | ----------- | - - - | -when | ratcli || standard | u | k | other | ordutyarf' || preferential protective | | | | || arc | | | | || | | | | || 9007 ||--------------|| - fluh-iight || apparatus || 100% || 90% || - || - |go13 | optical | appliances | and ||-------------------------------|------------------------------------|---------|| (but | not i neluding lighting appliances | || other than searchlights | | || and | ipotlighll) | || not fallilll within any other | | || heading | | || of | this | chapter || - | | || - | | |musical instruments; sound recorders and reproducers; television image and sound recorders and reproducers, magnetic; parts and accessories of such articles heading ~o sub-heading no and description of rate of duty duration article --------- - - - - - whf'n ratcli standard uk other of duty are preferential protective areas | musica! iditrumentl | includina ||-------------------------|--------------|| elec- | || tronic | and || mentl; | bound || reproducen; | || decoy | || calli | and || bound-aignalling | iditrumentl; || television image | || and | bound || record- | || en | and || partl | and || articles | | article and manufactun-e oj crwving or motdcitng'material , notethis chapter does not cover: - e - e· - (b) fans or hand screens, non-mechanical (chapter 67); - - - - - heading no sub-heading no and delcription of rate of duty duration article -- - - - -when rates slandal'd uk other of duty are l'referential protective areal artic1ea al~d mallufactul·cs of carving or moulding materiala; wurked unhardened gelatin (except gelatill falling within chapter 35) and articles of unhardened gelalin: ( i) not ellewhere lpecified (2) worked unhardened gelatin and articlea of unhardened gelatin 6n% chapter 96 brooms, brushes, feather dusters, powder-puff and sievesheading no sub-heading no and descriptioa of rate of duty duration article --------------whcn ralel standard uk other of duty are preferential protective are (i) (5) (6) | broonlj | and | brlllhea (including brlllhea ||-------------------------|-------------------|---------------------------------|| of | a | || kind | | || uled | | || ai | | || parta | of | macbinea) ; || prepared | | || knoll | | || and | tufta for | || broo~ | | || or | | || brlllh | makin,; | feather || powder-puf& | | || and | pada for applying | || coimctiea | | || or | | || toilet | preparo£tiol1l, | || (if | | || any material; | and | || ievea | | || and | hand | || riddlea | of | any material: || (1 | | || i | | || not elaewhere specified | | || 100% | | |(2) brlllhea of a kind wled parta of machinea 40% combe, hair-a1idea and the lib; conet blllb and similar uppot1l for articlea of appar,1 or clolhidg &c:cc8iorics: acent iand similar praya of a kind uied for toilet purpotea, and mounll and hcada therefor ; i, a bill further to amend the customs tariff act, 19'15

Parliament_bills

5166dc3f-d0ea-5e35-8bd4-69808199052f

bill no v of 2016 the companies (amendment) bill, 2016 a billfurther to amend the companies act, 2013be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the companies (amendment) act, 2016(2) it extends to the whole of indiashort title, extent and commencement2 in section 135 of the companies act, 2013amendment of section 135(i) in sub-section (3), after clause (c), the following clause shall be inserted, namely:—5''(d) undertake the responsibility to include the process of social impact assessment study in such manner as may be prescribed, for evaluating the performance of the corporate social responsibility policy of the company and submit a social impact assessment report undertaken by a third party of its findings to the board every financial year'' (ii) in sub-section (4), after clause (b), the following clause shall be inserted, namely:—10''(c) after taking into account the findings forwarded by the corporate social responsibility committee, analyze the social impact assessment report for the company and disclose the findings of this report in its annual report and also make it available for the general public including placing it on the company's website, if any, in such a manner as may be prescribed''power to make rules3 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonssocial impact assessment (sia) presents an important opportunity to draw crosscultural encounters arising from project-based development efforts into wider procedures of engagement and negotiation that might address the imbalance in relationships between local communities, project proponents and government social impact assessment helps organizations to plan better, to implement more effectively and successfully bring initiatives to scaleinter-organizational committee on principles and guidelines for social impact assessment iocpgsia (2003:231) defines social impacts as "the consequences to human populations of any public or private actions that alter the ways in which people live, work, play relate to one another, organize to meet their needs, and generally cope as members of society the term also includes cultural impacts involving changes to the norms, values, and beliefs that guide and rationalize their cognition of themselves and their society" social impacts are both positive and negativesocial impact assessment is not only necessary but critical the social sector's commitment is to serve its constituents and, while their lives cannot be measured in outputs and outcomes, they are ultimately the purpose that the work should be assessed social impact assessment as a process and as a methodology has the potential to contribute greatly to the planning process of impact sector initiatives taken by the corporate social responsibility, giving it more accountabilitysocial impact assessments are instrumental in ensuring that corporates create a positive impact in the community, and information gathered as part of social impact assessment exercise can be a vital interest to organizations conducting business or development projects in india the log-term benefits of conducting social impact assessment outweigh their initial costs, as positive relations with the community can lead to increased business productivity and recognitionhence, this billavinash pande memorandum regarding delegated legislationclause 3 empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character extracts from the companies act, 2013 135 corporate social responsibility(1) (2) (3) the corporate social responsibility committee shall,—(a) formulate and recommend to the board, a corporate social responsibility policy which shall indicate the activities to be undertaken by the company as specified in schedule vii;(b) recommend the amount of expenditure to be incurred on the activities referred to in clause (a); and(c) monitor the corporate social responsibility policy of the company from time to time(4) the board of every company referred to in sub-section (1) shall,—(a) after taking into account the recommendations made by the corporate social responsibility committee, approve the corporate social responsbility policy for the company and disclose contents of such policy in its report and also place it on the company's website, if any, in such manner as may be prescribed; and(b) ensure that the activities as the included in corporate social responsibility policy of the company are undertaken by the company———— a billfurther to amend the companies act, 2013————(shri avinash pande, mp)gmgipmrnd—4609rs(s3)—26022016

Parliament_bills

ee5454ba-5a43-517e-a356-c93738989670

bill no 125 of 2015 the constitution (amendment) bill, 2015 byshri anandrao adsul, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2015short title and commencement(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint5amendment of article 162 in article 16 of the constitution, after clause (4b), the following clauses shall be inserted, namely:—"(4c) notwithstanding anything in this article, there shall be reserved seats in educational institutions and in services under the state for persons belonging to the scheduled castes and the scheduled tribes(4d) the number of seats reserved in educational institutions under clause (4c)shall bear, as nearly as may be, the same proportion to the total number of seats, as the population of the scheduled castes or the scheduled tribes, as the case may be, bears to the total population of the scheduled castes or the scheduled tribes510(4e) the number of seats reserved in services under clause (4c) shall bear, as nearly as may be, the same proportion to the total number of seats, as the population of the scheduled castes or the scheduled tribes, as the case may be, bears to the total population of the scheduled castes or the scheduled tribes in the country, in case of services under the central government, and in the state, in case of services under the state government" statement of objects and reasonsdespite reservation, the condition of the scheduled castes and the scheduled tribes has not improved much moreover, the percentage of reservation which was determined long ago has not been revised upwardly, though their population has increased manifold therefore, it is proposed to amend the constitution with a view to increase the percentage of reservation of the scheduled castes and the scheduled tribes in proportion of their populationnew delhi;anandrao adsulmarch 11, 2015 annexure extract from the constitution of india 16 (1) there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state equality of opportunity in matters of public employment(3) nothing in this article shall prevent parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the government of, or any local or other authority within, a state or union territory, any requirement as to residence within that state or union territory prior to such employment or appointment ————abillfurther to amend the constitution of india————(shri anandrao adsul, mp)gmgipmrnd—294ls(s3)—28-04-2015

Parliament_bills

93194357-eabf-5cc7-a6c2-044c5b0cb297

the poisons (amendment) bill, i9~8(as introduced in lok sabha) tile poisons (amendmen1j bill, 1958 (as introduced in lok sabha) a billfurther to amend the poisons act, 1919 be it enacted by parliament in the ninth year of the republic of india as follows:-1 this act may be called the poisons (amendment) act, 1958 short title 2 in section 1 of the poisons act, 1919 (hereinafter referred to amendment , as the principal act), for sub-section (2), the following sub-section of section j shall be substituted, namely:-"(2) it extends to the whole of india: provided that it shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this 10 act relate to the importation into india of any specified poison 3 in section 3 of the principal act, for the words "the states", amendment the word "india" shall be substituted of 5ection 3· t the enactments specified in the schedule are hereby repealed repeal the schedule (see section 4)1 the cochin poisons act, 1111 (xxx of 1111) 2 the (hyderabad) poisons act (iv of 1322 fasli) 3 the madhya bharat poisons act, samvat 2008 (5 of zo samvat 2008) 4 the mysore poisons act, 1910 (v of 1910) 5 the patiala poisons act, 1989 bk (i of 1989 bk) 6 the rajasthan poisons act, 1956 (2 of 1956) 7 the saurashtra poisons act, 1952 (xxv of 1952) 2s 8 the travancore poisons act, 1118 (xi of 1118) statement of objects and reasonsthe poisons act, 1919, which deals with the importation, possession and sale of poisons, does not extend to the territories comprised in the former part b states after the passing of the states reorganisation act, 1956, it was found that in certain states like andhra pradesh and madras, the central poisons act was in force in the greater part of the state, but local acts like the hyderabad poisons act and the travancore-cochin poisons act continued to be in force in other parts which were included as a result of the reorganisation in consultation with the state governments it is now proposed, in the interests of uniformity, to extend the central poisons act to the territories comprised in the former part b states and to repeal any corresponding laws in force therein the bill seeks to achieve this object g b pant new delhi; the 9th september, 1958 annexure extracts from the poisons act, 1919(12 of 1919) - - - - 1 (1) this act may be called the poisons act, 1919 shdort title an extent (1) it extends to the whole ot india except the territories which, immediately before the 1st november, 1956, were comprised in part b states - - - - 3 the central government may, by notification in the official power to gazette, prohibit, except under and in accordance with the condi- r!c;;dl~~tion tions of a licence, the importation into the states across any cus- into the toms frontier defined by the central government of any specified ~~;t~~i~n poison, and may by rule regulate the grant of licences e?,ccpt under licence - - - - a bill further to amend the poisons act) 1919 (shri gmn'nd ballabh pant, ministr 01 home affairs)

Parliament_bills

47acd7e5-2a1d-5493-b0b2-1b3cfef4588d

bill no 97 of 2018 the national commission for welfare of farmers bill, 2018 by shri rajeev satav, mp a billto provide for the establishment of a national commission for welfare of farmers to improve the conditions of farmers and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the national commission for welfare of farmersbill, 2018short title and commencement(2) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "farmer" means an indian citizen who undertakes cultivation in his own land or in any other land on sharing basis or on lease or performs any other livelihood work related to agriculture;(c) "national commission" means the national commission for welfare of farmers established under section 3; and5(d) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, establish a commission to be known as the national commission for welfare of farmers to improve the conditions of farmers in the country10(2) the commission shall consist of —establishment of a national commission for farmers welfare and development(a) a chairperson;(b) a deputy chairperson; and (c) three members15to be appointed by the president by warrant under his signature and seal from amongst the persons having special knowledge in the field of agriculture (3) the central government may appoint such number of officers and staff including experts to the commission as may be required for its efficient functioning20(4) the salary and allowances payable to, and other terms and conditions of service of the chairperson, deputy chairperson, members, officers, staff and experts of the commission shall be such as may be prescribed(5) the national commission shall have the power to regulate its own procedure4 (1) it shall be the duty of the national commission to take such steps, as it may deem appropriate, for the welfare and development of farmers and their dependant family membersfunctions of the national commission25(2) without prejudice to the generality of the foregoing provision, the national commission shall ensure the following provisions for the benefit and welfare of farmers, namely:—(a) negotiating all cases related to the safeguards provided to farmers and carryout the monitoring and improvement of such safeguards;30(b) investigate complaints of the farmers related to deprivation of their rightsand safeguards;(c) participate in the planning process of socio-economic development of farmers; (d) advice the appropriate government to enhance pace of development of farmers under its jurisdiction;35(e) submit reports to the president regarding the working of safeguards on an annual basis or at such intervals as it thinks fit including measures for protection, welfare and social development of farmers; and(f) undertake all other functions for the protection, welfare and development of farmers, as specified by the presidentpresident to lay report405 (1) the president shall cause to be laid before each houses of parliament all the reports submitted to him under clause (e) of sub-section (2) of section 4 alongwith a memorandum explaining the reasons for not accepting any of the recommendations made thereto(2) where the report, or any of its part is related to any of the issue connected with the state government, a copy of such report shall be forwarded to the governor of that state, who shall in turn, along with an explanatory memorandum concerned with the action taken or45proposed to be taken on the recommendations related to the state, if any, and reasons for not accepting any of the recommendations, cause to be laid such report before the state legislature56 the national commission shall, while investigating any matter referred to inclause (b) of sub-section (2) of section 4, have all the powers of a civil court trying a suit and, in particular in respect of the following matters, namely:—commission to have powers of civil court(a) summoning and enforcing the attendance of any person from any part ofindia and examining him on oath;(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits;10(d) requisitioning any public record or copy thereof from any court or office; (e) issuing commission for the examination of witnesses and documents; and (f) any other matter which may be prescribed157 the appropriate government shall consult the national commission on all policies affecting interests of the farmersappropriate government to consult commission8 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the national commission for carrying out the purposes of this actcentral government to provide adequate funds to the national commission20power to remove difficulties9 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as may appear to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this act25act to have overriding effect10 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act3035(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 the 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 statement of objects and reasonsmore than half of country's population is engaged in agriculture and its allied activities, but the financial condition of farmers is still in a pitiable state there are many schemes and special provisions for the welfare of farmers in the country, inspite of which no significant change can be observed in their social-economic conditions neither their financial condition has improved as expected nor their complaints are resolved in such a scenario, in order to end their exploitation and to ensure their holistic development, need for a better and empowered institutional mechanism has long been felt there is an urgent need for establishment of a national commission for welfare of farmers on the lines of the scheduled castes and the scheduled tribes commissionshence this billnew delhi;rajeev satavfebruary 19, 2018 financial memorandumclause 3 of the bill provides for constitution of national commission for farmers welfare and development it also provides for appointment of a chairperson, deputy chairperson, members, officers, staff and experts to the commission clause 8 provides for the central government to provide adequate funds for the functioning of the commission the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty crore will be involveda non-recurring expenditure of about rupees five crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— abillto provide for the establishment of a national commission for welfare of farmers to improve the conditions of farmers and for matters connected therewith————(shri rajeev satav, mp)mgipmrnd—4484ls(s3)—16-03-2018

Parliament_bills

97185232-33f2-5254-9d24-16a73a08a666

annexureextract from the constitution (scheduled tribes) order, 1950 (co 22) the schedule aoe part vi—karnataka 38 naikda, nayaka, chollivala nayaka, kapadia nayaka, mota nayaka, nana nayaka

Parliament_bills

aa66abb6-4227-5095-a8e8-d393b5de53d0

bill no 160 of 2014 the children protection bill, 2014by shrimati supriya sule, mp a billto provide for protection of children from exploitation, domestic violence, trafficking for prostitution, corporal punishment and kidnapping and for matters connected therewith be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the children protection act, 2014(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "child" means a boy or a girl who has not attained the age of eighteen years;(c) "children home" means an institution or home established or certified assuch by the appropriate government for the purposes of this act;(d) "street children" means children with unknown parentage or abandoned orvagabond children including neglected and destitute children who generally live on pavements or in hutments or slums or at railway platforms or bus stop; and5(e) "prescribed" means prescribed by rules made under this actrights of a child3 (1) notwithstanding anything contained in any other law for the time being in force,every child shall have the right to—(a) adequate means of livelihood;10(b) protection and security of life against exploitation and physical and mentalviolence;(c) free education and vocational training; (d) access to means of free and fair development of personality; and (e) free access to highest standard of health and nutrition154 the appropriate government shall conduct yearly survey of street children in thearea under its jurisdictionannual survey of street children5 (1) the appropriate government shall establish or cause to be established suchnumber of children homes as it may deem necessary for the purposes of this actestablishment of children homes20(2) the children homes established under sub-section (1) shall provide free of costboarding and lodging and such other facilities to the street children, as may be prescribedsetting up of special police posts6 (1) the appropriate government shall set up special police posts to deal exclusivelywith the cases of missing children and crimes against children including exploitation, domestic violence, trafficking for prostitution, corporal punishment, sale or kidnapping25(2) the number of special police posts shall be set up in accordance with the populationof a state and in such manner as may be prescribedmaintenance of records7 the appropriate government shall maintain a record of complaints regarding themissing, kidnapped and abducted children in the area under its jurisdiction8 (1) the appropriate government shall establish such number of special courts, asmay be necessary, for efficient disposal of cases of crimes against childrenestablishment of special courts30(2) the special court shall dispose of a case within a period of six months from the dateof filing of the case9 the central government shall, after due appropriation made by parliament by lawin this behalf, provide such sums of money to the state governments, as may be necessary for carrying out the purposes of this actcentral government to provide moneys to the state govenments3510 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect11 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact to supplement other lawspower to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act510(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 the 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 statement of objects and reasonschildren are the future of any country it is the duty of the state to provide a healthy environment to ensure that every child is able to live a dignified life unfortunately, in our country there have been numerous cases of ill treatment and exploitation of children this situation worsens when a child does not have any guardian to take care of him the gruesome nithari serial killings case calls for concerted action on the part of the government to prevent such crime against the children there is a need for concerted effort to be made by the government as well as society to have in place a faster action-oriented police machinery, vigilant media and speedy exemplary punishment to the offenders by the courts to deter the offender from committing offences against childrenthe human rights commission in one of its reports have stated that nearly 45,000children go missing every year in the country of these, majority cases missing children remain untraceable for the reason they are either pushed in trafficking or engaged as bonded labour therefore, a proper coordination among the government agencies, police and nongovernmental organizations working for protection of children is urgently required in order to tackle the growing crimes against childrenthe bill, therefore, seeks to provide for—(i) securing certain basic rights to children;(ii) conducting of an yearly survey of homeless and street children; (iii) establishment of children homes for homeless and street children with allbasic facilities;(iv) setting up of special police posts to deal exclusively with the cases of missing children and crimes against children; and(v) establish special courts for speedy disposal of cases of crimes against childrenhence this billnew delhi;supriya sulenovember 12, 2014 financial memorandumclause 4 of the bill provides for an yearly survey of street children clause 5 provides for establishment of children homes with all basic facilities for street children clause 6 provides for setting up of special police posts to deal exclusively with the cases of crimes against the children clause 8 provides for establishment of special courts for speedy disposal of cases of crimes against the children clause 9 provides for central government to provide moneys to the state governments for carrying out the purposes of the bill the bill therefore, if enacted will involve expenditure from the consolidated fund of india it is likely to involve the recurring expenditure of about rupees one thousand crore per annuma non-recurring expenditure of rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for protection of children from exploitation, domestic violence, trafficking for prostitution, corporal punishment and kidnapping and for matters connected therewith————(shrimati supriya sule, mp)gmgipmrnd—2874ls(s3)—04122014

Parliament_bills

f41ff45c-b8a1-5f71-87b3-bc264229da3a

bill no 131 of 2009 the appropriation (no 4) bill, 2009 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2009-10be it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the appropriation (no 4 ) act, 2009 2 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of thirty thousand nine hundred forty-two crores and sixty-two lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2009-10, in respect of the services specified in column 2 of the scheduleissue of rs 30942,62,00,000 out of the consolidated fund of india for the financial year 2009-10appropriationthe schedule(see sections 2 and 3)| 1 | 2 | 3 ||--------------|----------------------------------------------------|-------------------------|| no | services and purposes | sums not exceeding || of | voted by | charged || vote | parliament | on the || consolidated | | || fund | | || 1 | department of agriculture and cooperation | revenue || 2 | department of agricultural research and education | revenue || 4 | atomic energy | revenue || capital | 199,83,00,000 | || 5 | nuclear power schemes | revenue || capital | 302,28,00,000 | || 6 | department of chemicals and petrochemicals | revenue || 7 | department of fertilisers | revenue || 9 | ministry of civil aviation | revenue || capital | 800,00,00,000 | || 11 | department of commerce | revenue || 12 | department of industrial policy and promotion | revenue || 13 | department of posts | revenue || capital | | 10,00,000 || 14 | department of telecommunications | revenue || capital | 171,75,00,000 | || 17 | department of food and public distribution | revenue || capital | 150,00,00,000 | || 18 | ministry of corporate affairs | revenue || capital | 1,00,00,000 | || 19 | ministry of culture | revenue || capital | 9,00,00,000 | || 20 | ministry of defence | revenue || capital | 1,00,000 | 40,00,000 || 21 | defence pensions | revenue || 23 | defence services—navy | revenue || 24 | defence services—air force | revenue || 28 | ministry of development of north eastern region | revenue || 29 | ministry of earth sciences | || revenue | 4,00,000 | || capital | 1,00,000 | || 30 | ministry of environment and forests | revenue || capital | 1,00,000 | || 31 | ministry of external affairs | capital || 32 | department of economic affairs | revenue || 33 | department of financial services | revenue || capital | 1266,00,00,000 | || 35 | transfers to state and union territory governments | revenue || capital | | 1400,00,00,000 || 38 | department of expenditure | revenue || 39 | pensions | revenue || 41 | department of revenue | revenue || 44 | department of disinvestment | capital || 46 | department of health and family welfare | revenue || 49 | department of heavy industry | revenue || capital | 1,00,000 | || 51 | ministry of home affairs | revenue || 53 | police | revenue || capital | 2,00,000 | 70,00,000 || 54 | other expenditure of the ministry of home affairs | revenue || capital | 48,00,00,000 | || 55 | transfers to union territory governments | revenue || 57 | department of school education and literacy | revenue || 58 | department of higher education | revenue || capital | 100,00,00,000 | || 59 | ministry of information and broadcasting | revenue || 60 | ministry of labour and employment | revenue || 61 | election commission | revenue || rs | rs | rs || 1 | 2 | 3 ||--------------|--------------------------------------------------------|------------------------|| no | services and purposes | sums not exceeding || of | voted by | charged || vote | parliament | on the || consolidated | | || fund | | || 62 | law and justice | revenue || c | | || harged | | || — | supreme court of india | revenue || 64 | ministry of micro, small and medium enterprises | revenue || 65 | ministry of mines | revenue || 67 | ministry of new and renewable energy | revenue || 71 | ministry of personnel, public grievances and pensions | revenue || capital | 15,21,00,000 | || 74 | ministry of power | revenue || c | | || harged | | || — | union public service commission | revenue || 79 | secretariat of the vice-president | revenue || 80 | department of rural development | revenue || 84 | department of scientific and industrial research | revenue || 86 | ministry of shipping | revenue || capital | 3,00,000 | || 87 | ministry of road transport and highways | revenue || capital | 311,00,00,000 | || 88 | ministry of social justice and empowerment | revenue || 90 | ministry of statistics and programme implementation | revenue || 91 | ministry of steel | revenue || capital | 1,00,000 | || 92 | ministry of textiles | revenue || 93 | ministry of tourism | revenue || 100 | department of urban development | revenue || capital | 2025,10,00,000 | || 101 | public works | revenue || 103 | ministry of water resources | revenue || 104 | ministry of women and child development | revenue || 105 | ministry of youth affairs and sports | revenue || capital | 350,58,00,000 | || t | | || o ta l | | || | 29500,04,00,000 | 1442,58,00,000 || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 2009-10pranab mukherjee ———— president's recommendation under article 117 of the constitution of india[copy of do no f 4(3)-b(sd)/2009 dated the 7th december, 2009 from shri pranab mukherjee, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2009-10, recommends under article 117(1) and (3) of the constitution the introduction of the appropriation (no 4) bill, 2009 in lok sabha and also the consideration of the bill————abillto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2009-10————(shri pranab mukherjee, minister of finance)

Parliament_bills

25859b3a-103c-54b4-abe8-4958c6dbca0b

as introduced in the rajya sabhaon the 4th august, 2017 bill no xxiv of 2017 the indian penal code (amendment) bill, 2017 a bill further to amend the indian penal code , 1860be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2017short title and commencement(2) it shall come into force with immediate effectamendment of section 153a45 of 18602 in section 153a of the indian penal code (hereinafter referred to as the code), after sub-section (2), the following be inserted, namely:5'offence committed out of bias or prejudice—(3) whoever commits an offence made punishable under this code or provokes the commission of such an offence, which is perceived by the victim or any other person, to be motivated by a bias or prejudice based on the victim's actual or perceived religion, caste, profession, trade, place of residence, choice of attire, appearance or eating habits, shall be punished either with imprisonment which may extend to five years, or the punishment provided for that offence in the code whichever is higher, and shall also be liable to fine:10provided that where such offence results in the death of a person or a number ofpersons, the punishment shall extend to life imprisonment and fine'3 after section 153b of the code, the following section be inserted namely:insertion of a new section153cvigilantism15'153c—whoever commits an offence made punishable by the code, against the body or property of a person, which is committed on the basis of actual or suspected commission of an offence by that person, except when the offence is committed in exercise of right of private defence as provided under this code, shall be punished either with imprisonment which may extend to three years, or with the punishment for that offence provided under this code, whichever is higher, or with fine or both:20provided that where such offence results in the death of a person or a number ofpersons, the punishment shall extend to life imprisonment and fine' statement of objects and reasonsin recent times, india has seen an alarming rise in incidents of mob-violence, hate crimes and vigilante justice in all these cases, the modus operandi is similar—a group of people identify a victim on the basis of their religion, caste, appearance, attire, eating habits or profession and attack the victim, which sometimes proves to be fatal such attacks are either driven by an ideology in which case it takes the shape of a hate crime or it is driven by an urge to take the law in their own hands and punish the victim on mere suspicion of an offence having been committedhate crimes as well as vigilantism are treated as offences in many countries, attracting even stricter penalties than ordinary crimes because they tend to offend public tranquility, create a feeling of disharmony and undermine the faith of people in law and justice machinery of the state when such offences are directed towards people of a particular community, then it also creates a sense of alienation and negatively impacts the social fabric of the society such acts are to be condemned and appropriately punished in order to uphold the civic and fundamental rights of the citizens there can be no culture of state indifference of impunity in such cases as they speak of a larger malaise rather than one-off disconcerted incidentstherefore, there is an urgent need to describe the contours of hate crimes and vigilantism in order to deal with them effectivelyhence this billhusain dalwai annexure extracts from the indian penal code (45 of 1860) 153a promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenace of harmony— (1) whoever—(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, or(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participants in such activity will use or be trained to use criminal force or violence, or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with bothoffence committed in place of worship, etc— (2) whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine rajya sabha————a billfurther to amend the indian penal code, 1860————(shri husain dalwai, mp)gmgipmrnd—1773rs(s3)—04-08-2017

Parliament_bills

6da1e40c-0ad4-5db6-8ec0-4c65e81bacfa

the rice-milling industry (regulation) bill~ 1958(as introduced in lok sabha) bill, 1958 (as introduced in lok sabra) a billto regulate the rice-muting industry in the interests of the general public be it enacted by parliament in the ninth year of the republic of india as follows:-1 (1) this act may be called the rice-milling industry (regula- short title tion) act 1958 extent and , commen~-5 (2) it extends to the whole of india except the state of jammu ment and kashmir (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint " 2 it is hereby declared that it is expedient in the public interest declaration [0 that the union should take under its control the rice-milling industry ad~ to expe-r lency 0 3 in this act, unless the context otherwise requires,-c:ontrol bv the union: definitions (a) "defunct rice mill" means a rice mill in existence at the commencement of this act but in which rice-milling operations have not been carried on for a period exceeding one year prior is to such commencement; (b) "existing rice mill" means a rice mill carrying on ricemilling operations at the commencement of this act, and includes a rice mill in existence at such commencement which is not carrying on rice-milling operationc: but in which rice-20 milling operations have been carried on at any time within a period of one year prior to such commencement; (c) "licensing officer" means' an officer appointed as such under section 4; (d) "milling rice", with its grammatical variations means recovering rice or any product thereof from paddy with the aid of power; 5 (e) "new rice mill" means a rice mill other than an existing rice mill or a defunct rice mill; (f) "notified order" means an order notified in the official gazette; (g) "owner", in relation to a rice mill, means the person 10 who, or the authority which, has the ultimate control over the affairs of the rice mill, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the rice mill; 15 (h) "prescribed" means prescribed by rules made under this act; (i) "rice mill" means the plant and machinery with which, and the premises, including the precincts thereof, in which or in any part of which, rice-milling operation is car- 20 ried on the central govemment may, by notified order,-!flf!::=:t ofiicen (a) appoint such persons, being gazetted officers of govemment, as it tbinks fit to be licensing officers for the purpose of this ad; and 25 (b) define the limits within which a licensing officer shall exercise the powers conferred on licensing officers by or under this act glut of permitlin reipcd ~ new or· defunct rice mills 5 (1) any person or authority may make an application to the central government for the grant of a permit for the establish- 30 ment of a new rice mill; and any owner of a defunct rice mill may make a like application for the grant of a permit for recoillll)encing rice-milling operation in such mill (2) every application under sub-section (1) shall be made in the 'prescribed form and shall contain the particulars regarding the 35 location of the rice mill, the size and type thereof and such other particulars as may be prescribed ' (3) if, on receipt of any such application for the grant of a permit, the central government is of opinion that it is necessary so to do for ensuring adequate supply of rice, it may, subject to the 40 provisions of sub-section (4) and sub-section (5), gzant the permit specifying therein the period within which the mill is to be establish<i!d or, as the case may be, the mill is to recommence rice-milling operation and such other conditions as it may think fit to impose, in accordance with the rules, if any, made in this behalf 5 (4) before granting any permit under sub-section (3), the central government shall cause a full and complete inve&tigation to be made in the prescribed manner in respect of the application and shall have due regard t()-(a) the number of rice mills operating in the locality; 10 (b) the availability of paddy in the locality; (c) the availability of power and water supply for the rice mill in respect of which a pennit is applied for; (d) whether the rice mill in respect of which a permit is applied for will be of the huller type, sheller type or combined 15 sheller-huller type; (e) whether the functioning of the rice mill in respect of which a permit is applied for would cause substantial unemployment in the locality; (f) such other particulars as may be prescribed 20 (5) in granting a permit under this section, the central government shall give preference to a defunct rice mill over a new rice mill (6) a permit granted under this section shall be effective for the period specified therein or for such extended period as the 25 central government may think fit to allow in any case 6 (1) any owner of an existing rice mill or of a rice mill in res- grant of pect of which a permit has been granted under section 5 may make liccucn an application to the licensing officer for the grant of a licence for carrying on rice-milling operation in that rice mill 30 (2) every application under sub-section (1) shall be made in the prescribed form and shall contain the particulars regarding the location of the rice mill, the size and type thereof and such other particulars as may be prescribed (3) on receipt of any such application for the grant of a licence, 35 the licensing officer shall grant the licence on such conditions (including, in particular, conditions relating to the polishing of rice), on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed (4) a licence granted under this section shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed 7 (1) if the licensing officer is satisfied, either on a reference s made to him in this behalf or otherwise, that-revocation iulpension and amendment of liccncea (a) a licence granted under section 6 has been obtained by misrepresentation as to an essential fact, or (b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the 10 licence has been granted or has contravened any of the provisions of this act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this act, the licensing officer may, after giving the holder of the licence an' opportunity of 15 showing cause, revoke or suspend the licence or forfeit the sum, if any, or any portion thereof deposited as security for the due performance of the conditions subject to which the licence has been granted (2) subject to any rules that may be made in this behalf, the 20 licensing officer may also vary or amend a licence granted under section 6 certain reatriction8 on rice mills 8 (1) no person or authority shall, after the commencement of this act, establish any new rice mill except under and in accordance with a permit granted under section 5 25 (2) no owner of a rice mill shall, after the commencement of this act, carryon rice-milling operation except under and in accordance with a licence granted under section 6: provided that nothing in this sub-section shall apply to an existing rice mill for such period as may be specified in this behalf 30 by the central government by notified order (3) no owner of a ~e mill,-(a) in respect of which a licence has been granted under section 6, shall carry on rice-milling operation in that mill after the expiry of the period of the validity of the licence; 3s (b) in respect of which the licence has been revoked or suspended under section 7, shall carry on rice-milling operation in that mill after the revocation or, as the case may be, during the period for which the licence has been suspended; (c) shall, without the previous perdllsslon of the central gjvernment, change the location of the whole or any part of the rice mill in respect of which a licence has been granted under section 6; s (d) shall, after the commencement of this act, effect any expansion of the rice mill except with the previous permission of the central government: 10 provided that no such permission shall be necessary for the replacement of any parts of the machinery of the rice mill where such replacement does not result in an increase in the productive capacity of the rice mill explanation-for the purposes of clause (a) of this sub-section, the period of the validity of a licence shall not be deemed to have expired, if an application for its renewal is pending before the licen-j 5 sing officer 9 (1) for the purpose of ascertaining the position or examining ?ower of the working of any rice mill or for any other purpose mentioned mspectlon in this act or the rules made thereunder, the licensing officer or any person authorised by the central government in this behalf shall have the right-20 (a) to enter and inspect any rice mill; (b) to order the production of any document, book, register or record in the possession or power of any person having the control of, or employed in connection with, any rice mill; and (c) to examine any person having the control of, or employed in connection with, any rice mill 10 if, for the purposes of this act, any qutmion arises as whether-(a) there has been an expansiod of a rice mill, or to decision of (b) the replacement of any parts of the machinery of a matten rice mill has resulted in an increase in the productive capacity of the rice mill, the central government may, after giving the owner of the rice mill an opportunity of being heard, decide the question and the decision of the central government thereon shall be final 35 11 every owner of a rice mill shall furnish to the central returns government such returns relating to the affairs of the rice mill and in such forms as may be prescribed appeals 12 (1) any person aggrieved by a decision of a licensing officer under section 6 or section 7 may, within thirty days from the date on which the dedsion is communicated to him, prefer an appeal to an appellate oflicer who shall be a person nominated in this bahau by the central goverdmeat:5 provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by suffident cause from filing the appeal in time (2) on receipt of an appeal under sub-section (1), the appellate iv offlcer shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible penalties 13 (1) if any person contravenes or attempts to contravene or abets the contravention of any of the provisions of !lection 8 or subsection (2) of section 18, he shall be punishable with imprisonment 15 for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention 20 (2) if any person,-(a) when required by this act or by any order under this act to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reason to believe 25 to be false or does not believe to be ~rue, or (b) makes any such statement as aforeaid in any book, account, record, declaration, return or other document which he is required to maintain or furnish under this act, or (c) contravenes any rule the contravention of which is made 30 punishable under this sub-section, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both otrencee by companies 14 (1) if the person colnmitting an offence under this act is a 3 ~ompany, every person who, at the time the offence was committed, 5 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 b~ liable to be proc~ed altainst 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 committe'd without his knowledge or that he exercised all due diligence to prevent the commission of 5 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 10 director, manager, secretary or otlier officer of the company such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly i explanation-for the purposes of this section,-15 (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 15 no court shall take cognizance of all¥ offence punishable cognizance :ad under this act except on a report in writing of the' facts constituting of offences such offence 'made by the licensing officer or any person duly authorised by the central government or the licensing officer in this behalf 16 no court inferior to that of a presidency magistrate or a jurisdiction magistrate of the first class shall try any offence punishable under of courts 25 this act 17 notwithstanding anything contained in section 32 of the code special of criminal procedure, 1898, it shall be lawful for any magistrate provisiod of the first class or for any presidency magistrate to pass a sentence fu:~1di of fine exceeding two thousand ruppes on any person convicted of 30 any offence under this act 18 (1) if the central government is of opinion, having regard to power to the necessity for ensuring an adequate supply of rice in any area ex~pt in or to the conditions prevailing therein, that it would not be in the ~ public interest to apply all or any of the provisions of this act to as the rice mills or to any class of rice mills in that area, it may, by notified order, exempt for such period and subject to such conditions as it may think fit to impose, all the rice mills or such class of rice mills in that area as it may specify in the order from the operation of all or any of the provisions of this act or of any rule or order 40 made thereunder (2) where any notified order under sub-section (1) granting an exemption is cancelled, no owner of a rice mill shall carryon ricemilling operation in that rice mill after the expiry of such period as may be specified in the order cancelling the exemption, except under and in accordance with a licence granted to him under section 6 s deleaation of powers 19 the central government may, by notified order, direct that any power exercisable by it under this act shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by-(a) such officer or authority subordinate to the central gov- 10 ernment, or (b) such state government or such officer or authority subordinate to a state government, \ ' i as may be specified in the direction licensing 20 the licensing officers and every person dujy authorised to i, offi:rs, ~n=' discharge any duties imposed on him by this act shall be deemed :~: c to be public servants within the meaning of section 21 of the indian 4' fii 1860 penal code \ protection of action taken udder the act 21 (1) no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or 20 intended to be done in pursuance of this act or any rule or order made thereunder (2) no suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of 2s this act or any rule or order made thereunder i power to 22 (1) the central government may, subject to the conditioll make rules of previous publication, make rules for carrying out the purposes of this act (2) in particular, and without prejudice to the generality of the 38 foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the form of application for the grant of a permit under section 5 and the particulars it may contain; (b) the manner in which an investigation i!s to be made in 3s respect of an application for a permit and the matters to be taken into account in granting or refusing a permit; (c) the form of application for the grant or renewal of a lieence in respect of a rice mill and the particulars it may contain; (d) the form of a licence which may be granted or renewed 5 under section 6 and the conditions subject to which the licence may be granted or renewed, including conditions relating to the polishing of rice, the fees to be levied for the grant or renewal of a licence and the deposit of any sum as security for the performance of such conditions; 10 (e) the circumstances under which licences may be varied or amended under sub-section (2) of section 7; (f) the submission of returns relating to a rice mill by the owner and the forms in which, and the authorities to which, such returns may be submitted; and the collection of any information i, or statistics in relation to rice mills; (g) the form and manner in which appeals may be filed under section 12 and the procedure to be followed by appellate officers in disposing of the appeals; (h) any other matter which has to be, or lllby be, pres-10 cribed under this act (3) any rule made under this section may provide that a contravention thereof shall be punishable under sub-section (2) of section 13 (4) all rules made under this section shall be laid for not leu 25 than thirty days before each house of parliament as soon as possible after they are made and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following 23 the provisions of this act shall be in addition to, and not in ~pplica- f 30 derogation of, any other central act for the time being in force ~ili~ ia~ - not barred 24 the provisions of this act shall not apply to any rice mill ~~l;ot :~ owned by government nee mills owned by government 25 (1) if, immediately before the commencement of this act, r~ and there is in force in any state to which this act extend!'! any law or i8vmgs 35 order relating to the regulation or control of rice mills in that state, that law or order shall stand repealed (2) notwithstanding such repeal, any certificate of registration, permit or licence granted in respect of any existing rice mill, under any such law or order hereby repealed and in force immediately before the commencement of this act, shall continue to be in force for such period as may be allowed under the proviso to sub-section 5 (2) of section 8 for the licensing of such rice mill under the provisions of this act, and for the removal of doubts, it is hereby declared that the provisions of section 6 of the general clauses act, 1897, shall 10 of 1897-apply in relation to such repeal, as they apply· in relation to the repeal of an enactment by a central act 10 statement of objects and reasonsit is necessary, in the general interest, to regulate the working of rice mills in such a manner that while, on the one hand, the handpounding industry gets reasonable facilities for development and employment is provided for the rural population, on the other, requisite facilities· for conversion of paddy into rice are not curtailed, particularly at a time when efforts are being made to increase appreciably the production of paddy in the country with this object in view, it is considered that the working of rice mills be regulated by the issue of licences, and the setting up of new rice mills, or the expansion of the existing rice mills, be prohibited without the specific permission of the government the bill aims at the achievement of these objectives as also to provide for certain other matters connected with the functioning of the rice mills ajit prasad jain new delhi; the 17th february, 1958 financial memorandumclause 4 of the bill contemplates appointment of certain lieensing officers for granting licences in respect of rice mills and clause 12 of the bill contemplates appointment of certain appellate officers for hearing appeals against the decisions of licensing officers it is intended that the functions of licensing officers and appellate officers would be performed by the existing officers of the central government end state governments the bill, when enacted and brought into operation, would not, therefore, involve any appreciable additional expenditure moreover, the government would derive some small revenue in the shape of fees for granting licences and additional expenditure, if any, on account of this piece of legislation will be nominal memorandum regarding delegated legislationclause 22 of the bill empowers the central government to make rules in respect of matters specified therein they relate inter alia to the form of application for the grant of permits and licences, the manner in which an investigation is to be made under this act, the fees which may be levied for the grant or renewal of a licence, the conditions subject to which licences ·may be granted, the returns which have to be submitted by the owners of rice mills and the form and the manner in which appeals may be preferred and disposed of the matters in respect of which rules may be made are of a routine and administrative chamcter moreover, the rules shall be subject to the scrutiny of parliament the delegation of legislative power is thus of a normal character a bill to regulate the rice-milling industry in the interests of the general public the president has, in pursuance of clause (3) of article 117 0f the constitution of india, recommended to lok sabha the consideration of the bill mnkaul, secretary (shr; ajit prasad jain, minister of food and agriculture)

Parliament_bills

470dc0ef-cbdf-5634-afa2-d9a54a754f5e

financial memorandumclause 4 of the bill provides for setting up of a 'bureau for the price determination of the products manufactured in the private sector' at the centre and in every state the bureau established by the centre would look after the union territories the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india as for setting up of bureau in states, the respective state governments would incur expenditure from their consolidated funds it is estimated that an annual recurring expenditure of about rupees ten crore is likely to be involved from the consolidated fund of india a non-recurring expenditure of about rupees five crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill gives powers to the central government to make rules for carrying out the purposes of the bill, the rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character

Parliament_bills

e8614813-7997-513b-a8c2-5a22d6e23ee5

bill no lxxiv of 2010 the unauthorised colonies, slums and jhuggi clusters (welfare, basic amenities and other provisions) bill, 2010 a billto provide for the regularization of unauthorized colonies existing for more than twoyears in the urban areas and for the basic amenities like drinking water,sanitation, healthcare, electricity, toilets and management of garbage,sewerage in such unauthorized colonies, slums jhuggi-jhopriclusters to be provided by the appropriate government andfor certain welfare measures to be initiated by the state for the residents of such colonies, slums andjhuggi clusters and for matters connectedtherewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in other cases the central government;5(b) "jhuggi cluster" means an area consisting of jhuggies which may be on the land belonging to government or private land, generally built with bricks and mud, metal or wood having thatched roof, tin shed and roof covered with polythene etc, and are unauthorised;(c) "prescribed" means prescribed by rules made under this act;10(d) "slum" includes an area consisting of unplanned and shabbily built and overcrowded houses without civic amenities with unhygienic atmosphere and such other areas declare as slums by the appropriate government;(e) "unauthorised colony" means a colony which has not been approved by the appropriate government or any of its agency including local self government and has been in existence for two or more years15national policy for unauthorised colonies, slums and jhuggi jhopri clusters203 (1) notwithstanding anything contained in any other law for the time being in force, the central government shall, as soon as may be, formulate and implement a national policy for the regularisation, betterment, upkeep, removal and rehabilitation and all other related aspects thereto, for unauthorised colonies, slums and jhuggis clusters and for the welfare of the inhabitants of such colonies, slums and clusters particularly in the metropolitan and other urban areas(2) without prejudice to the generality of the provisions of sub-section (1) of section 3the measures referred to therein may provide for,—25(a) basic civil amenities such as potable water supply, electricity for domestic usage, road or street lighting, sewerage, toilets both individual and community toilets drainage, metallic roads in the streets and surroundings, sanitation, garbage removal, provision of dumping binds and such other amenities as may be prescribed from time to time;(b) healthcare facilities through health centres, dispensaries, pathological labs and mobile clinics for the inhabitants;30(c) educational facilities, playgrounds and recreational facilities for the children; (d) marketing facilities for daily needs of households including provision for vegetables, fruits and other needs;(e) adequate public distribution system facilities and domestic fuel such as kerosene, lpg, etc(f) transportation facilities; and35(g) such other measures as the central government may deem necessary for carrying out the purposes of this act (3) the national policy so formulated under this section shall be uniformally implemented throughout the country by the appropriate government404 notwithstanding anything contained in any other law for the time being in force, the appropriate government shall,—special provisions in respect of slums, jhuggi clusters and unanthorised colonies45(a) regularise, by notification in the official gazette, all unauthorised colonies which were in existence for the more than two years on the commencement of this act, in such manner, as may be prescribed and shall provide all basic civic amenities to the inhabitants of such colonies;(b) for the time being recognize the right to use government land in case jhuggis have already been built thereon and were in existence for more than two years on such land till alternative living arrangements are made for the dwellers by the appropriate government;5(c) construct such number of dwelling units as the concerned authority maydeem necessary with required amenities and allot them to the dwellers of the concerned jhuggi clusters with such terms and conditions and in such manner as may be prescribed;10(d) not remove or demolish any jhuggi cluster, slum or unauthorised colonywithout making alternative arrangement of roofs or dwelling units for the residents of such jhuggis clusters slums for unauthorised colony, as the case may be;15(e) provide essential healthcare by establishing health centre or through mobileunits by distributing free of costs essential medicines, mosquitio nets and repellants and fumigate the jhuggi clusters, slums and unauthorised colonies from time to time and in particular during rainy season to protect the inhabitants from vector-borne disease like malaria, dengue, chickngunya, encephalitis filariasis, etc, and extend free of cost pathological services to the needy inhabitants thereof;20(f) extend necessary help in cash and kind, advice and training for the selfemployment of inhabitants of jhuggi clusters and slums in such manner as may beprescribed; and(g) make such other provisions as the appropriate government may deem necessary or expedient for carrying out the purposes of this act5 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds every year for carrying out the purposes of this actcentral govt to make provision of funds25power to give direction and remove difficulty6 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may make such order or give direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and the government of concern state shall be guided by such direction or order on questions of policy as may be given to it by the central government under this act30act to have overriding effect7 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for time being in force but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matter dealt with in this act35power to make rules8 the central government, may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsour country is very vast and second most populous nation of the globe after chinaseventy per cent of our population lives in villages and poverty is rampant in rural india driven by poverty and to earn their livelihood or fulfill their dreams people migrate to urban areas and more to the metropolitan cities millions of such migrant people and also the local ones settle down in slums, jhuggi clusters and unauthorised colonies and even on footpaths or pavements under the open sky in most inhuman conditions without basic civic amenities like potable water, electricity, toilets, sanitations, sewerage, healthcare, education etc such slums, jhuggi clusters and unauthorised colonies exist in all parts of most of the urban areas and the metropolitan cities including the national capital, delhi, are not an exception in delhi regularisation of unauthorised colonies has always been a burning problem for successive central government however, the number of slums, jhuggi clusters and unauthorised colonies is increasing and millions of people continue languishing in stinking and inhuman conditions and falling victims to various fatal diseases these slums, jhuggi clusters and unauthorised colonies have also gained notoriority for other reasons but majority of people living there are law abiding citizens despite all this, we do not have a national policy on slums, jhuggis clusters and unauthorised coloniesbeing a welfare state, the central and state governments are duty bound to initiates welfare measures for the residents of slums, jhuggi clusters and unauthorised colonies by providing them basic civic amenities therein because they too are citizens of our nation and entitled to lead a healthy and good life it has been observed that such areas are also neglected by civic and local authorities which are responsible for providing civic amenities citing various technical and legal reasons but quite a large number of people should not be denied the basic amenities but in this context, the states are not in a position to bear the huge expenditure on this front the central government should come forward and bear all the expenses in implementing the provisions of this billhence this billdr akhilesh das gupta financial memorandumclause 4 of the bill provides for certain facilities and civic amenities to be provided to the dwellers of slums, jhuggi clusters and unauthorised colonies clause 5 makes it mandatory for the central government to provide adequate funds for carrying out the purposes of the bill the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of twenty-five thousand crore rupee may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees fifty thousand crore may also involve memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules to carry out the purposes of the bill it will relate to matters of details only the delegation of legislative power is of normal character———— a billto provide for the regularization of unauthorized colonies existing for more than two years in the urban areas and for the basic amenities like drinking water, sanitation, healthcare, electricity, toilets and management of garbage, sewerage in such unauthorized colonies, slums, jhuggi-jhopri clusters to be provided by the appropriate government and for certain welfare measures to be initiated by the state for the residents of such colonies, slums and jhuggi clusters and for matters connected therewith and incidental thereto————(dr akhilesh das gupta, mp)gmgipmrnd—6688rs(s3)—28-02-2011

Parliament_bills

f51e3aed-be9a-552f-b114-6237ae5571ec

bill no 237 of 2015 the scheduled tribes and other traditional forest dwellers (recognition of forest rights) amendment bill, 2015 byshri raju shetti, mpa billto amend the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—amendment of section 22 of 20072 in section 2 of the scheduled tribes and other traditional forest dwellers(recognition of forest rights) act, 2006, in clause (o),—(i) the words "for at least three generations" shall be omitted; and (ii) the explanation at the end shall be omitted statement of objects and reasonsthe scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 was enacted to recognise and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded the definition of "other traditional forest dwellers" includes only a member or community who has for at least three generations prior to the 13th day of december 2005 primarily resided in forest or forest land to avail certain rights under the act however, it is not possible and practical for all the traditional forest dwellers to give proof of ''three generations'' as prescribed in definition therefore, the persons who are actually forest dwellers and not having any proof or record of their residence in such forest areas for the last three generations are suffering on this account these forest dwellers are cultivating land for the last many years but are not eligible to claim ownership of such land or get benefits of ongoing schemes of governments meant for ''other traditional forest dwellers'' for the reason that they do not have any proof or record of residence in such areas these traditional forest dwellers are living in a pitiable condition and require immediate attention of the government to ameliorate their conditionthe bill seeks to amend the scheduled tribes and other traditional forest dwellers(recognition of forest rights) act, 2006 with a view to do away with the condition of "three generations" so that all traditional forest dwellers can avail the benefits of ongoing schemes meant for the scheduled tribes and other traditional forest dwellershence this billnew delhi;raju shettiaugust 3, 2015 annexure extract from the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 [10] m cdefinition2 in this act, unless the context otherwise requires,— [10] m c(o) "other traditional forest dweller" means any member or community who has for at least three generations prior to the 13th day of december, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needsexplanation— for the purpose of this clause, ''generation'' means a period comprising of twenty-five years; [10] m c lok sabha————abillto amend the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006————(shri raju shetti, mp)gmgipmrnd—2324ls(s3)—31-10-2015

Parliament_bills

f6fd91ec-aa7c-573f-80af-137b4c586c2c

bill no 144 of 2016 the enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) bill, 2016 a billfurther to amend the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the recovery of debts due to banks and financial institutions act, 1993, the indian stamp act, 1899 and the depositories act, 1996, and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint: chapter ii amendments to the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002amendment of long title54 of 200252 in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, (hereinafter referred to in this chapter as the principal act), for the long title, the following shall be substituted, namely:—"an act to regulate securitisation and reconstruction of financial assets and enforcement of security interest and to provide for a central database of security interests created on property rights, and for matters connected therewith or incidental thereto"103 in the principal act,—substitution of certain expressions throughout the principal act15(i) for the words "securitisation company", "reconstruction company","securitisation or reconstruction company", "securitisation company or the reconstruction company" or "securitisation company or a reconstruction company", wherever they occur, the words "asset reconstruction company" shall be substituted;(ii) for the words "securitisation companies or reconstruction companies", wherever they occur, the words "asset reconstruction companies" shall be substituted 4 in the principal act, in section 2, in sub-section (1),—amendment of section 2(i) after clause (b), the following clause shall be inserted, namely:—2018 of 2013'(ba) "asset reconstruction company" means a company incorporated under the companies act, 2013 and registered with reserve bank under section 3 of this act for the purpose of carrying on the business of asset reconstruction and securitisation;';25(ii) in clause (f), after the words " financial institution in relation to such financial assistance", the words "or who has raised funds through issue of debt securities" shall be inserted;(iii) for clause (ha), the following clause shall be substituted, namely:—51 of 199330'(ha) "debt" shall have the meaning assigned to it in clause (g) of section 2of the recovery of debts due to banks and financial institutions act, 1993 and includes—| (i) | unpaid portion of the purchase price of any tangible asset given ||-----------------------------------------------------------------------------|---------------------------------------------------------------------|| on hire or financial lease or conditional sale or under any other contract; | || 35 | || (ii) | any right, title or interest on any intangible asset or licence or || assignment of any intangible asset, which secures the obligation to pay | || any unpaid portion of the purchase price of such intangible asset or an | || obligation incurred or credit otherwise extended to enable any borrower to | || acquire the intangible asset or obtain licence of such asset;'; | |(iv) after clause (i), the following clause shall be inserted, namely:—4015 of 1992'(ia) "debt securities" means debt securities listed in accordance with the regulations made by the board under the securities and exchange board of india act, 1992;'; (v) for clause ( j), the following clause shall be substituted, namely:—'( j) "default" means—45(i) non-payment of any debt or any other amount payable by the borrower to any secured creditor consequent upon which the account of such borrower is classified as non-performing asset in the books of account of the secured creditor; or5(ii) non-payment of any debt by the borrower with respect to debt securities after notice of ninety days, demanding payment of dues served upon such borrower, by the debenture trustee or by any other authority in whose favour security interest is created for the benefit of holders of such debt securities;';(vi) in clause (k), after the words "any bank or financial institution", the following words shall be inserted, namely:—10"including funds provided for the purpose of acquisition of any tangible asset on hire or financial lease or conditional sale or under any other contract or obtaining assignment or licence of any intangible asset or purchase of debt securities;"; (vii) in clause (l), after sub-clause (v), the following sub-clauses shall be inserted, namely:—15"(va) any beneficial right, title or interest in any tangible property given on hire or financial lease or conditional sale or under any other contract which secures the obligation to pay any unpaid portion of the purchase price of such asset or an obligation incurred or credit otherwise provided to acquire such tangible property; or20(vb) any right, title or interest on any intangible asset or licence or assignment of such intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of such intangible asset or an obligation incurred or credit otherwise extended to enable the borrower to acquire such intangible asset or obtain licence of the intangible asset; or";25(viii) in clause (m), after sub-clause (iii), the following sub-clauses shall be inserted, namely:—"(iiia) a debenture trustee registered with the board and appointed for debt securities;30(iiib) asset reconstruction company, whether acting as such or managing a trust created for the purpose of securitisation or asset reconstruction, as the case may be;"; (ix) after clause (m), the following clause shall be inserted, namely:—35'(ma) "financial lease" means a lessor's right in a tangible asset, other than a negotiable instrument or negotiable document, under the lease agreement where lessee, at the expiry of the term of the lease or on payment of agreed residual value of the asset, becomes the owner of the asset;';(x) after clause (n), the following clause shall be inserted, namely:—40'(na) "negotiable document" means a document, which embodies a right to delivery of tangible assets and satisfies the requirements for negotiability under any law for the time being in force including warehouse receipt and bill of lading;';(xi) in clause (u), after the words "regulations made thereunder", the following words, figures and brackets shall be inserted, namely:—45"or any other category of non-institutional investors specified bythe reserve bank under sub-section (1) of section 7 in consultation withthe board from time to time;";(xii) clause (v) shall be omitted; (xiii) clause (za) shall be omitted;(xiv) in clause (zd),—(a) after sub-clause (i), the following sub-clause shall be inserted, namely:—"(ia) a debenture trustee appointed by any company for debt securities;";5(b) after sub-clause (iii), the following sub-clauses shall be inserted, namely:—10"(iv) any bank or financial institution holding any right, title or interest upon any tangible property given on hire or financial lease or conditional sale or under any other contract, which secures the obligation to pay any unpaid portion of the purchase price of the asset or an obligation incurred or any credit provided to enable the borrower to acquire the tangible property; or15(v) any bank or financial institution holding any right, title or interest on any intangible asset or licence or assignment of such intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of the intangible asset or an obligation incurred or any credit provided to enable the borrower to acquire the intangible asset or obtain licence of intangible asset;";(xv) for clause (zf ), the following clause shall be substituted, namely:—20'(zf)" security interest" means right, title or interest of any kind whatsoever upon property created in favour of any secured creditor and includes—25(i) any mortgage, charge, hypothecation, assignment or any right, title or interest of any kind, on tangible property, retained by the secured creditor as an owner of the property, given on hire or financial lease or conditional sale or under any other contract which secures the obligation to pay any unpaid portion of the purchase price of the asset or an obligation incurred or credit provided to enable the borrower to acquire the tangible property; or30 35(ii) such right, title or interest in any intangible asset or licence of such intangible asset which secures the obligation to pay any unpaid portion of the purchase price of the intangible asset or the obligation incurred or any credit provided to enable the borrower to acquire the intangible asset or licence of intangible assetexplanation—for the purposes of this clause, it is hereby clarified that security interest shall not include the security interest referred to in section 31;'5 in the principal act, in section 3,—amendment of section 340(i) in sub-section (1), for clause (b), the following clause shall be substituted, namely:—"(b) having net owned fund of not less than two crore rupees or such other amount as the reserve bank, may, by notification, specify:"; (ii) in sub-section (3), for clause (f), the following clause shall be substituted, namely:—45"(f) that a sponsor of an asset reconstruction company is a fit and proper person in accordance with the criteria specified by the reserve bank for such persons;"; (iii) in sub-section (6),—50(a) after the words "any substantial change in its management", the words"including appointment of any director on the board of directors of the asset reconstruction company or managing director or chief executive officer thereof" shall be inserted;(b) in the explanation, after the words "by way of transfer of shares or", the words "change affecting the sponsorship in the company by way of transfer of shares or" shall be inserted 6 in the principal act, in section 5,—amendment of section 55(i) after sub-section (1), the following sub-sections shall be inserted, namely:—2 of 1899"(1a) any document executed by any bank or financial institution in favour of the asset reconstruction company under sub-section (1) for the purpose of acquiring financial assets shall be exempted from stamp duty in accordance with the provisions of section 8f of the indian stamp act, 189910(1b) an asset reconstruction company may acquire the financial asset of any bank or financial institution for the purpose of asset reconstruction where a borrower has failed to pay the secured debt or any instalment thereof on due date, whether or not the account of such borrower is classified as non-performing asset";15(ii) after sub-section (2), the following sub-section shall be inserted, namely:—20"(2a) if the bank or financial institution is holding any right, title or interest upon any tangible property or intangible asset to secure payment of any unpaid portion of the purchase price of the asset or an obligation incurred or credit otherwise provided to enable the borrower to acquire the tangible property or assignment or licence of intangible asset, such right, title or interest shall vest in the asset reconstruction company on acquisition of such financial assets"; (iii) after sub-section (3), the following sub-section shall be inserted, namely:—25"(3a) notwithstanding anything contained in any other law for the time being in force, on the basis of the document executed under sub-section (1), the name of the asset reconstruction company shall be substituted in all the registration records or public records or such other records and in all legal proceedings filed by or against the bank or financial institution before any court, tribunal or any other authority and such asset reconstruction company shall be entitled to exercise all the rights of such bank or financial institution"30amendment of section 77 in the principal act, in section 7, in sub-section (1), for the words "other than by offer to public", the words "or such other category of investors as may be specified by the reserve bank in consultation with the board, from time to time," shall be substituted8 in the principal act, for section 9, the following section shall be substituted, namely:—substitution of new section for section 9measures for assets reconstruction"9 (1) without prejudice to the provisions contained in any other law for thetime being in force, an asset reconstruction company may, for the purposes of asset reconstruction, provide for any one or more of the following measures, namely:—(a) the proper management of the business of the borrower, by change in,or take over of, the management of the business of the borrower;(b) the sale or lease of a part or whole of the business of the borrower; (c) rescheduling of payment of debts payable by the borrower; (d) enforcement of security interest in accordance with the provisions ofthis act;(e) settlement of dues payable by the borrower; (f) taking possession of secured assets in accordance with the provisionsof this act; (g) conversion of any portion of debt into shares of a borrower company:provided that conversion of any part of debt into shares of a borrower company shall be deemed always to have been valid, as if the provisions of this clause were in force at all material times5(2) the reserve bank shall, for the purposes of sub-section (1), determine the policy and issue necessary directions including the direction for regulation of management of the business of the borrower and fees to be charged(3) the asset reconstruction company shall take measures under sub-section (1)in accordance with policies and directions of the reserve bank determined under sub-section (2)"10amendment of section 129 in the principal act, in section 12, in sub-section (2), after clause (b), the following clauses shall be inserted, namely:—"(c) the fee and other charges which may be charged or incurred for management of financial assets acquired by any asset reconstruction company;15(d) the transfer of security receipts issued to qualified institutional buyers"10 in the principal act, after section 12a, the following sections shall be inserted, namely:—insertion of new sections 12b, 12c and 12d"12b (1) the reserve bank may, for the purposes of this act, carry out audit and conduct inspection of an asset reconstruction company from time to time20power of reserve bank to carry out audit and inspection(2) it shall be the duty of an asset reconstruction company and its officers to provide assistance and cooperation to the reserve bank to carry out audit or inspection under sub-section (1)25(3) where on audit or inspection or otherwise, the reserve bank is satisfied that business of an asset reconstruction company is being conducted in a manner detrimental to public interest or to the interests of investors in security receipts issued by such asset reconstruction company, the reserve bank may, for securing proper management of an asset reconstruction company—(a) remove the chairman or any director or appoint additional directors on the board of directors of the asset reconstruction company; or30(b) appoint any of its officers as an observer to observe the working of the board of directors of such asset reconstruction company35(4) it shall be the duty of every director or other officer or employee of the asset reconstruction company to produce before the person, conducting an audit or inspection under sub-section (1), all such books, accounts and other documents in his custody and to provide him such statements and information relating to the affairs of the asset reconstruction company as may be required by such person within the stipulated time specified by him40penalties for noncompliance of directions of the reserve bank12c (1) where any asset reconstruction company fails to comply with any direction issued by the reserve bank under section 9 or section 12 or section 12a or any other provision of this act, the reserve bank may impose on such asset reconstruction company a penalty not exceeding one crore rupees or twice the amount involved in such failure whichever is more, and where such failure is a continuing one, with a further penalty which may extend to one lakh rupees for every day during which such failure continues45(2) for the purpose of imposing penalty under sub-section (1), the reserve bank shall serve a notice on the asset reconstruction company under default requiring it to pay the amount of penalty specified in such notice(3) any penalty imposed by the reserve bank under sub-section (1) shall be payable within a period of thirty days from the date of issue of notice under sub-section (2)5(4) where the asset reconstruction company fails to pay the penalty within the specified period under sub-section (3), the reserve bank may by order cancel its registration:provided that an opportunity of being heard shall be given to such asset reconstruction company before cancellation of its registrationfailure to pay penalty1012d without prejudice to the provisions contained in sub-section (4) of section12c, if any asset reconstruction company fails to pay the penalty under sub-section (3) of section 12c within the specified period, a complaint may be filed against such company and the officer of such company who is in default, in accordance with section 30" 11 in the principal act, in section 13,—amendment of section 13(i) in sub-section (2), the following proviso shall be inserted, namely:—15"provided that—20(i) the requirement of classification of secured debt as nonperforming asset under this sub-section shall not apply to a borrower who has raised funds through issue of debt securities and the provisions for enforcement of security interest under this chapter shall apply to such borrower; and25(ii) in the event of default, the debenture trustee shall be entitled to enforce security interest in the same manner as provided under this section with such modifications as may be necessary and in accordance with the terms and conditions of security documents executed in favour of the debenture trustee";(ii) for sub-section (8), the following sub-section shall be substituted, namely:—30"(8) where the amount of dues of the secured creditor together with all costs, charges and expenses incurred by him are tendered to the secured creditor at any time before the date fixed for lease, assignment or sale of the secured assets,—(i)the secured assets shall not be leased, assigned or sold by the secured creditor; and35(ii) in case, any step has been taken by the secured creditor for lease or assignment or sale of the assets before tendering of such amount under this sub-section, no further step shall be taken by such secured creditor for lease or assignment or sale of such secured assets"12 in the principal act, in section 14,—amendment of section 14(i) in sub-section (1), in the second proviso, after the words "secured assets", the words "within a period of thirty days from the date of application" shall be inserted;40(ii) after sub-section (2), the following sub-section shall be inserted, namely:—"(2a) any application under sub-section (1) may be made by—10 of 194945(a) two or more banks as secured creditors with or without any financial institution where they have converted part of their respective debts into shares of a borrower company in compliance with the provisions of sub-section (2) of section 19 of the banking regulation act, 1949 or obtained transfer of shares of the promoter shareholders held in pledge as security for any financial assistance in the name of such banks, thereby jointly holding more than fifty per cent share capital of the borrower company; or(b) any asset reconstruction company or financial institution or any other assignee holding more than fifty-one per cent share capital of the borrower company5explanation—for removal of doubts, it is hereby clarified that the conversion of debt into shares of any borrower company by the secured creditors shall not in any way affect the rights of the secured creditors to enforce securities and recover the balance amount of debt under this act or any other law for the time being in force"amendment of section 1513 in the principal act, in section 15, in sub-section (4), the following proviso shall be inserted, namely:—10"provided that if any secured creditor jointly with other secured creditors or any asset reconstruction company or financial institution or any other assignee has converted part of its debt into shares of a borrower company and thereby acquired controlling interest in the borrower company, it shall not be necessary for the secured creditor to restore the business to such borrower" 14 in the principal act, in section 17,—15amendment of section 17(i) for the marginal heading "right to appeal", the words " application against measures to recover secured debts" shall be substituted;(ii) after sub-section (1), the following sub-sections shall be inserted, namely:—20"(1a) an application under sub-section (1) shall be filed before the debts recovery tribunal within the local limits of whose jurisdiction—(a) the cause of action, wholly or in part, arises; or (b) where the secured asset is located25(1b) where any person, in an application under sub-section (1), claims any tenancy or any other right upon the property over which the security interest has been created for the secured debt, the debts recovery tribunal shall have the jurisdiction to examine such claims and pass such orders as it deems appropriate";(iii) after sub-section (3), the following proviso shall be inserted, namely:—30"provided that if the debts recovery tribunal is of the opinion that an applicant other than the borrower is entitled to restoration of possession of secured assets or management of the business of the borrower, the debt recovery tribunal shall restore the possession of assets or management to such person"15 in the principal act, after section 20, the following sections shall be inserted, namely:—insertion of new sections 20a and 20b35integration of registration systems with central registry40"20a (1) the central government may, for the purpose of providing a central database, in consultation with state governments or other authorities operating registration system for recording rights over any property of creation, modification or satisfaction of any security interest on such property, integrate the registration records of such registration systems with the records of central registry established under section 20, in such manner as may be prescribed45explanation—for the purpose of this sub-section, the registration records includes records of registration under the companies act, 2013, the registration act, 1908, the merchant shipping act, 1958, the motor vehicles act, 1988, the patents act,1970, the designs act, 2000 or other such records under any other law for the time being in force18 of 2013 16 of 1908 44 of 1958 59 of 1988 39 of 1970 16 of 2000(2) the central government shall, after integration of records of various registration systems referred to in sub-section (1) with the central registry, by notification, declare the date of integration of registration systems and the date from which such integrated records shall be available; and with effect from such date it shall not be necessary for any person to register security interests over properties which are already registered under any registration system referred to in sub-section (1) with the central registry under this act"5delegation of powers20b the central government may, by notification, delegate its powers and functions under this chapter, in relation to establishment, operations and regulation of the central registry to the reserve bank, subject to such terms and conditions as may be prescribed" 16 in the principal act,—amendment of section 2310(i) section 23 shall be numbered as sub-section (1), and in sub-section (1) as so re-numbered,—(a) the words "within thirty days after the date of such transaction or creation of security, by the securitisation company or reconstruction company or the secured creditor, as the case may be" shall be omitted15(b) the first proviso shall be omitted; (c) in the second proviso, the word "further" shall be omitted;(ii) in section 23, after sub-section (1) so re-numbered, the following sub-sections shall be inserted, namely:—20"(2) the central government may, by notification, extend the registration of transaction relating to different types of security interest created on different kinds of property with the central registry(3) the central government may, by rules, prescribe forms for registration of different types of security interest under this section and fee to be charged for such registration"2517 in the principal act, after section 26a, the following chapter shall be inserted, namely:—insertion of new chapter iva "chapter iva registration by secured creditors and other creditors30registration by secured creditors and other creditors26b (1) the central government may, by notification, extend the provisions of chapter iv relating to central registry to all creditors other than secured creditors specified in clause (zd) of sub-section (1) of section 2, for creation, modification or satisfaction of any security interest over any property of the borrower for the purpose of securing due repayment of any financial assistance granted by such creditor to the borrower35(2) from the date of notification under sub-section (1), any creditor including the secured creditor may file particulars of transactions of creation, modification or satisfaction of any security interest with the central registry in such form and manner as may be prescribed40(3) a creditor other than the secured creditor filing particulars of transactions ofcreation, modification and satisfaction of security interest over properties created in its favour shall not be entitled to exercise any right of enforcement of securities under this act45(4) every authority or officer of the central government or any state governmentor local authority, entrusted with the function of recovery of tax or other government dues and for issuing any order for attachment of any property of any person liable to pay the tax or government dues, shall file with the central registry such attachment order with particulars of the assessee and details of tax or other government dues from such date as may be notified by the central government in such form and manner as may be prescribed(5) if any person, having any claim against any borrower, obtains orders for attachment of property from any court or other authority empowered to issue attachment order, such person may file particulars of such attachment orders with central registry in such form and manner, on payment of such fee, as may be prescribed5effect of the registration of transactions, etc1026c (1) without prejudice to the provisions contained in any other law for the time being in force, any registration of transactions of creation, modification or satisfaction of security interest by a secured creditor or any other creditor or filing of attachment order under this chapter shall be deemed to constitute a public notice from the date and time of filing of particulars of such transaction with the central registry for creation, modification or satisfaction of such security interest or attachment order, as the case may be15(2) where security interest or attachment order upon any property in favour of the secured creditor or any other creditor are filed for the purpose of registration under the provisions of chapter iv and chapter iva, the claim of such secured creditor or other creditor holding attachment order shall have priority over any subsequent security interest created upon such property and any sale, transfer, lease or licence of such property or attachment order subsequent to such registration, shall be subject to such claim:20provided that nothing contained in this sub-section shall apply to transactionscarried on by the borrower in the ordinary course of businessright of enforcement of securities2526d notwithstanding anything contained in any other law for the time being inforce, from the date of commencement of the provisions of chapter iva, no secured creditor shall be entitled to exercise the rights of enforcement of securities under chapter iii unless the security interest created in its favour by the borrower has been duly filed with the central registrypriority to secured creditors3026e notwithstanding anything contained in any other law for the time being inforce, after the registration of security interest, the debts due to any secured creditor shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the central government or state government or local authority"18 in section 27, the following proviso shall be inserted, namely: —amendment of section 2735"provided that provisions of this section shall be deemed to have been omitted from the date of coming into force of the provisions of chapter iva and section 23 as amended by the enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) act, 2016" 19 in the principal act, section 28 shall be omittedomission of section 2820 in the principal act, after section 30 the following sections shall be inserted, namely:—40insertion of new sections 30a, 30b and 30c and 30dpower of adjudicating authority to impose penalty45"30a (1) notwithstanding anything contained in section 12c or section 29, where any person fails or contravenes or commits any default of the nature referred to in those sections, the adjudicating authority may, by an order, impose on such person, a penalty not exceeding one crore rupees or twice the amount involved in such failure or contravention or default where such amount is quantifiable, whichever is more, and where such failure or contravention or default is a continuing one, a further penalty which may extend to one lakh rupees for every day, after the first, during which such failure or contravention or default continues(2) for the purpose of imposing penalty under sub-section (1), the adjudicating authority shall serve a notice on the person in default requiring that person to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall be given to such person(3) no complaint shall be filed against any person in default in any court pertaining to any failure or contravention or default in respect of which any penalty has been imposed and recovered by the reserve bank under this section5(4) where any complaint has been filed against a person in default in any court in respect of failure or contravention or default of the nature referred to in section 12c or section 29, no proceeding for imposition of penalty against that person shall be taken under this section explanation— for the purposes of this section and sections 30b, 30c and 30d,—10(i) "adjudicating authority" means such officer or a committee of officers of the reserve bank, designated as such from time to time, by notification, by the central board of reserve bank;15(ii) "person in default" means the asset reconstruction company or any person which has committed any failure or contravention or default under section 12c or section 29, as the case may be, and such other person incharge of such company or any such other person shall be liable to be proceeded against and punished under section 33 for such failure or contravention or default committed by such company or personappeal against penalties2030b a person in default, aggrieved by an order passed under sub-section (1) of section 30a, may, within a period of thirty days from the date on which such order is passed, prefer an appeal to the appellate authority:provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within such periodappellate authority2530c (1) the central board of reserve bank may designate such officer or committee of officers as it deems fit to exercise the power of appellate authority(2) the appellate authority shall have power to pass such order as it deems fit after providing a reasonable opportunity of being heard to the person in default30(3) the appellate authority may by an order stay the enforcement of the order passed by the adjudicating authority under section 30a, subject to such terms and conditions as it deems fit(4) where the person in default fails to fulfil the terms and conditions imposed by order under sub-section (3) without reasonable cause, the appellate authority may dismiss the appealrecovery of penalties3530d (1) any penalty imposed under section 30a shall be recovered as a"recoverable sum" and shall be payable within a period of thirty days from the date on which notice demanding payment of the recoverable sum is served upon the person in default and, in the case of failure of payment by such person within such period, the reserve bank may, for the purpose of recovery,—40(a) debit the current account, if any, of the person in default maintainedwith the reserve bank or by liquidating the securities, if any, held to the credit of such person in the books of the reserve bank;45(b) issue a notice to the person from whom any amount is due to theperson in default, requiring such person to deduct from the amount payable by him to the person in default, such amount equivalent to the amount of the recoverable sum, and to make payment of such amount to the reserve bank(2) save as otherwise provided in sub-section (4), a notice issued under clause (b)of sub-section (1) shall be binding on every person to whom it is issued, and, where such notice is issued to a post office, bank or an insurance company, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry or endorsement thereof before payment is made, notwithstanding any rule, practice or requirement to the contrary(3) any claim in respect of any amount, arising after the date of issue of notice under sub-section (1) shall be void as against the demand contained in such notice5(4) any person, to whom the notice is sent under sub-section (1), objects to such notice by a statement on oath that the sum demanded or any part thereof is not due to the person in default or that he does not hold any money for or on account of the person in default then nothing contained in this section, shall be deemed to require, him to pay such sum or part thereof, as the case may be10(5) where the statement made by the person under sub-section (4) false in material particulars, such person shall be personally liable to the reserve bank to the extent of his own liability to the person in default on the date of the notice, or to the extent of the recoverable sum payable by the person in default to the reserve bank, whichever is less15(6) the reserve bank may, at any time, amend or revoke any notice issued under sub-section (1) or extend the time for making the payment in pursuance of such notice(7) the reserve bank shall grant a receipt for any amount paid to it in compliance with a notice issued under this section and the person so paying shall be fully discharged from his liability to the person in default to the extent of the amount so paid20(8) any person discharging any liability to the person in default after the receipt of a notice under this section shall be personally liable to the reserve bank—(a) to the extent of his own liability to the person in default so discharged;or(b) to the extent of the recoverable sum payable by the person in default to the reserve bank,25whichever is less30(9) where the person to whom the notice is sent under this section fails to make payment in pursuance thereof to the reserve bank, he shall be deemed to be the person in default in respect of the amount specified in the notice and action or proceedings may be taken or instituted against him, for the realisation of the amount as if it were an arrear due from him, in the manner provided in this section35(10) the reserve bank may enforce recovery of recoverable sum through the principal civil court having jurisdiction in the area where the registered office or the head office or the principal place of business of the person in default or the usual place of residence of such person is situated as if the notice issued by the reserve bank were a decree of the court: provided that no such recovery shall be enforced, except on an application made to the principal civil court by an officer of the reserve bank authorised in this behalf certifying that the person in default has failed to pay the recoverable sum"21 in the principal act, in section 31, clause (e) shall be omitted40amendment of section 3122 in the principal act, in section 31a, for sub-section (2), the following sub-sections shall be substituted, namely:—amendment of section 31a45''(2) a copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days, and if, both houses agree in disapproving the issue of notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses(3) in reckoning any such period of thirty days as is referred to in sub-section (2), no account shall be taken of any period during which the house referred to in sub-section (2) is prorogued or adjourned for more than four consecutive days(4) the copies of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each house of parliament"5amendment of section 3223 in the principal act, in section 32, for the words "any secured creditor or any of his officers or manager exercising any of the rights of the secured creditor or borrower", the words "the reserve bank or the central registry or any secured creditor or any of its officers", shall be substituted1024 in the principal act, in section 38, in sub-section (2), —amendment of section 38(i) after clause (bc), the following clauses shall be inserted, namely:—"(bca) the manner of integration of records of various registration systems with the records of the central registry under section 20a;15(bcb) the terms and conditions of delegation of powers by the central government to the reserve bank under section 20b"; (ii) after clause (d), the following clause shall be inserted, namely:—"(da) forms for registration of different types of security interests and fee thereof under sub-section (3) of section 23;"; (iii) after clause (f), the following clauses shall be inserted, namely:—20"(fa) the form and the manner for filing particulars of transactions under sub-section (2) of section 26b;(fb) the form and the manner of filing attachment orders with the central registry under sub-section (4) and fee under sub-section (5) of section 26b" chapter iii 25 amendments to the recovery of debts due to banks and financial institutions act, 1993amendment of section 251 of 199325 in the recovery of debts due to banks and financial institutions act, 1993(hereinafter in this chapter referred to as the principal act), in section 2,—(i) in clause (g), after the words "the date of the application", the following words shall be inserted, namely:—30"and includes any liability towards debt securities which remains unpaid in full or part after notice of ninety days served upon the borrower by the debenture trustee or any other authority in whose favour security interest is created for the benefit of holders of debt securities or;"; (ii) after clause (g), the following clause shall be inserted, namely:—3515 of 1992'(ga) "debt securities" means debt securities listed in accordance with regulations made by the securities exchange board of india under the securities and exchange board of india act, 1992;"; (iii) in clause (h), after sub- clause (ia), the following sub-clause shall be inserted, namely:—40"(ib) a debenture trustee registered with the board and appointed for debt securities;"; (iv) after clause (h), the following clause shall be inserted, namely:—'(ha) "financial lease" means a lessor's right in a tangible asset other than a negotiable instrument or negotiable document under the lease agreement where45lessee, at the expiry of the term of the lease or on payment of agreed residual value of the asset, becomes the owner of the asset;'; (v) after clause (ja), the following clause shall be inserted, namely:—'(jb) "property" means —5(a) immovable property; (b) movable property; (c) any debt or any right to receive payment of money, whether secured or unsecured;(d) receivables, whether existing or future;10(e) intangible assets, being know-how, patent, copyright, trade mark, licence, franchise or any other business or commercial right of similar nature, which are declared by the reserve bank, by notification, to be property rights over which security interest can be created in favour of banks and financial institutions;';15(vi) after clause (l), the following clauses shall be inserted, namely:—54 of 2002'(la) "secured creditor" shall have the meaning as assigned to it in clause(zd) of sub-section (1) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;20(lb) "security interest" means mortgage, charge, hypothecation, assignment or any other right, title or interest of any kind whatsoever upon property, created in favour of any bank or financial institution and includes—25(a) such right, title or interest upon tangible property, retained by the bank or financial institution as owner of the property, given on hire or financial lease or conditional sale which secures the obligation to pay any unpaid portion of the purchase price of the asset or an obligation incurred or any credit provided to enable the borrower to acquire the tangible property; or30(b) such right, title or interest in any intangible asset or licence of any intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of the intangible asset or the obligation incurred or any credit extended to enable the borrower to acquire the intangible asset or license of intangible asset;'26 in the principal act, in section 6,—amendment of section 6(i) for the words "sixty-two years", the words "sixty-five years" shall be substituted;35(ii) after section 6, the following proviso shall be inserted, namely:—"provided that any presiding officer of a tribunal, who has completed his term, shall be eligible for reappointment as a presiding officer"27 in the principal act, in section 11,—amendment of section 1140 (i) for the words "sixty-five years", the words "sixty-seven years" shall be substituted(ii) after section 11, the following proviso shall be inserted, namely:—"provided that any chairperson of the appellate tribunal who has completed his term, shall be eligible for reappointment as the chairperson"28 in the principal act, in section 17a, after sub-section (1), the following subsections shall be inserted, namely:—amendment of section 17a"(1a) for the purpose of exercise of general powers of superintendence and control over tribunals under sub-section (1), the chairperson may—554 of 2002(i) direct the tribunals to furnish, in such form, at such intervals andwithin such time, information relating to pending cases both under this act and the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, or under any other law for the time being in force, number of cases disposed of, number of new cases filed and such other information as may be considered necessary by the chairperson;10(ii) convene meetings of the presiding officers of tribunals periodically to review their performance15(1b) where on assessment of the performance of any presiding officer of the tribunal or otherwise, the chairperson is of the opinion that an inquiry is required to be initiated against such presiding officer for misbehaviour or incapacity, he shall submit a report to the central government recommending action against such presiding officer, if any, under section 15, and for reasons to be recorded in writing for the same" 29 in the principal act, in section 19,—amendment of section 1920(i) in sub-section (1), clause (a) shall be re-numbered as clause (aa) and before clause (aa) so renumbered, the following clause shall be inserted, namely:—"(a) the branch or any other office of the bank or financial institution is functioning and maintains an account in which debt claimed is outstanding, for the time being; or";25(ii) for sub-section (3), the following sub-section shall be substituted, namely:—30"(3) every application under sub-section (1) or sub-section (2)shall be in such form as may be prescribed and shall be accompanied with true copies of all documents relied on in support of the claim along with such fee as may be prescribed";(iii) in sub-section (3), after the second proviso, the following explanation shall be inserted, namely:—"explanation—for the purposes of this section, documents includes statement of account or any entry in bankers book duly certified under the bankers' books evidence act, 1891"18 of 189135(iv) after sub-section (3), sub-section (3a) shall be renumbered as sub-section (3b)and before sub-section (3b) so renumbered, the following sub-section shall be inserted, namely:—"(3a) every applicant, in the application filed under sub-section (1) or sub-section (2) for recovery of debt, shall—40(a) state particulars of the debt secured by security interest overproperties or assets belonging to any of the defendants and the estimated value of such securities;45(b) if the estimated value of securities is not sufficient to satisfy thedebt claimed, state particulars of any other properties or assets owned by any of the defendants, if any; and(c) if the estimated value of such other assets is not sufficient torecover the debt, seek an order directing the defendant to disclose to thetribunal particulars of other properties or assets owned by the defendants";(v) for sub-section (4), the following sub-section shall be substituted, namely:—5"(4) on receipt of application under sub-section (1) or sub-section (2), the tribunal shall issue summons with following directions to the defendant,— (i) to show cause within thirty days of the service of summons as to why relief prayed for should not be granted;10(ii) direct the defendant to disclose particulars of properties or assets other than properties and assets specified by the applicant under clauses (a) and (b) of sub-section (3a); and(iii) pass an interim ex-parte order restraining the defendant from dealing with or disposing of such assets and properties disclosed under clause (c) of sub-section (3a) pending the hearing and disposal of the application for attachment of properties";15(vi) after sub-section (4), the following sub-section shall be inserted, namely:—4 of 188220"(4a) notwithstanding anything contained in section 65a of the transfer of property act, 1882, the defendant on service of summons shall not transfer by way of sale, lease or otherwise except in the ordinary course of his business any of the assets over which security interest is created and other properties and assets specified or disclosed under sub-section (3a), without the prior approval of the tribunal: provided that the tribunal shall not grant such approval without giving notice to the applicant bank or financial institution to show cause as to why approval prayed for should not be granted:25provided further that defendant shall be liable to account for the sale proceeds realised by sale of secured assets in the ordinary course of business and deposit such sale proceeds in the account maintained with the bank or financial institution holding security interest over such assets"; (vii) for sub-section (5), the following sub-section shall be substituted, namely:—30 35"(5) (i) the defendant shall within a period of thirty days from the date of service of summons, present a written statement of his defence including claim for set-off under sub-section (6) or a counter-claim under sub-section (8), if any, and such written statement shall be accompanied with original documents or true copies thereof with the leave of the tribunal, relied on by the defendant in his defence:40provided that where the defendant fails to file the written statement within the said period of thirty days, the presiding officer may, in exceptional cases and in special circumstances to be recorded in writing, extend the said period by such further period not exceeding fifteen days to file the written statement of his defence(ii) where the defendant makes a disclosure of any property or asset pursuant to orders passed by the tribunal, the provisions of sub-section (4a) of this section shall apply to such property or asset;45 (iii) in case of non-compliance of any order made under clause (ii) of sub-section (4), the presiding officer may, by an order, direct that the person or officer who is in default, be detained in civil prison for a term not exceeding three months unless in the meantime the presiding officer directs his release:provided that the presiding officer shall not pass an order under this clause without giving an opportunity of being heard to such person or officerexplanation— for the purpose of this section, the expression 'officer who is in default' shall mean such officer as defined in section (60) of section 2 of the companies act, 2013";18 of 20135(viii) for sub-section (5a), the following sub-section shall be substituted, namely:—10"(5a) on receipt of the written statement of defendant or on expiry of time granted by the tribunal to file the written statement, the tribunal shall fix a hearing for admission or denial of documents produced by the parties to the proceedings and also for continuation or vacation of the interim order passed under sub-section (4)15(5b) where a defendant makes an admission of the full or part of the amount of debt due to a bank or financial institution, the tribunal shall order such defendant to pay the amount, to the extent of the admission within a period of thirty days from the date of such order failing which the tribunal may issue a certificate in accordance with the provisions of sub-section (22) to the extent of the amount of debt due admitted by the defendant";20(ix) in sub-section (6), after the words "the debt sought to be set off", the words"the debt sought to be set-off along with original documents and other evidence relied on in support of claim of set-off in relation to any ascertained sum of money, against the applicant" shall be substituted;(x) in sub-section (10), for the words "as may be fixed by the tribunal", the words "as may be prescribed" shall be substituted;(xi) after sub-section (10), the following sub-sections shall be inserted, namely:—25 30"(10a) every application under sub-section (3) or written statement of defendant under sub-section (5) or claim of set-off under sub-section (6) or a counter-claim under sub-section (8) by the defendant, or written statement by the applicant in reply to the counter-claim, under sub-section (10) or any other pleading whatsoever, shall be supported by an affidavit sworn in by the applicant or defendant verifying all the facts and pleadings, the statements pleading documents and other evidence annexed to the application or written statement or reply to set-off or counter-claim, as the case may be:provided that if there is any evidence of witnesses to be led by any party, the affidavits of such witnesses shall be filed simultaneously by the party with the application or written statement or replies filed under sub-section (10a)35(10b) if any of the facts or pleadings in the application or written statement are not verified in the manner provided under sub-section (10a), a party to the proceedings shall not be allowed to rely on such facts or pleadings as evidence or any of the matters set out therein";40(xii) for sub-section (11), the following sub-section shall be substituted, namely:—"(11) where a defendant sets up a counter-claim in the written statement and in reply to such claim the applicant contends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an independent action, the tribunal shall decide such issue along with the claim of the applicant for recovery of the debt";45(xiii) sub-section (12) shall be omitted(xiv) in sub-section (13)(a), for the words "the tribunal is satisfied by affidavit or otherwise", the words "the tribunal on an application made by the applicant alongwith particulars of property to be attached and estimated value thereof, or otherwise" shall be substituted;";(xv) sub-section (14) shall be omitted5(xvi) in sub-section (15), for the word, brackets and figures "sub-section (14)", the word, brackets and figures "sub-section (13)" shall be substituted;(xvii) for sub-section (19), the following sub-section shall be substituted namely:—18 of 201310"(19) where a certificate of recovery is issued against a company registered under the companies act, 2013 and such company is under liquidation, the tribunal may by an order direct that the sale proceeds of secured assets of such company be distributed in the same manner as provided in section 326 of the companies act, 2013 or under any other law for the time being in force"; (xviii) for sub-section (20), the following sub-section shall be substituted, namely:—15 20"(20) the tribunal may, after giving the applicant and the defendant, an opportunity of being heard, in respect of all claims, set off or counter claim, if any, and interest on such claims, within thirty days from the date of conclusion of the hearings, pass interim or final order as it deems fit which may include for payment of interest from the date on which payment of the amount is found due up to the date of realisation or actual payment"; (xix) after sub-section (20a), the following sub-sections shall be inserted, namely:—25"(20aa) while passing the final order under sub-section (20), the tribunal shall clearly specify the assets of the borrower over which security interest is created in favour of any bank or financial institution and direct the recovery officers to distribute the sale proceeds of such assets as provided in subsection (20ab)30(20ab) notwithstanding anything to the contrary contained in any law for the time being in force, the proceeds from sale of secured assets shall be distributed in the following orders of priority, namely:—(i) the costs incurred for preservation and protection of secured assets, the costs of valuation, public notice for possession and auction and other expenses for sale of assets shall be paid in full;(ii) debts owed to such bank or financial institution";35(xx) for sub-section (21), the following sub-section shall be substituted, namely:—"(21) (i) the tribunal shall send a copy of its final order and the recovery certificate, to the applicant and defendant(ii) the applicant and the defendant may obtain copy of any order passed by the tribunal on payment on such fee as may be prescribed";40(xxi) for sub-section (22), the following sub-section shall be substituted, namely:—"(22) the presiding officer shall issue a certificate of recovery along with the final order, under sub-section (20), for payment of debt with specified interest under his signature to the recovery officer for recovery of the amount of debt specified in the certificate";45(xxii) after sub-section (22), the following sub-section shall be inserted, namely:—518 of 2013 9 of 2008 3 of 1909 5 of 1920"(22a) any recovery certificate issued by the presiding officer under sub-section (22) shall be deemed to be decree or order of the court for the purposes of initiation of winding up proceedings against a company registered under the companies act, 2013 or limited liability partnerships registered under the limited liability partnership act, 2008 or insolvency proceedings against any individual or partnership firm under the presidency towns insolvency act,1909 or the provincial insolvency act, 1920 or any other law for the time being in force, as the case may be";10(xxiii) in sub-section (24), for the words "endeavour shall be made by it", the following words "every effort shall be made by it to complete the proceedings in two hearings, and" shall be substituted 30 after section 19 of the principal act, the following sections shall be inserted, namely:—insertion of new section 19a1521 of 2000"19a (1) notwithstanding anything to the contrary contained in this act, and without prejudice to the provisions contained in section 6 of the information technology act, 2000, the central government may by rules provide that from such date and before such tribunal and appellate tribunal, as may be notified,—filing of recovery applications, documents and written statements in electronic form20| (a) ||---------------------------------------------------------------------------------|| documents to be annexed thereto required to be filed shall be submitted in the || electronic form and authenticated with digital signature of the applicant, || defendant or any other petitioner in such form and manner as may be prescribed; |(b) any summons, notice or communication or intimation as may be required to be served or delivered under this act, may be served or delivered by transmission of pleadings and documents by electronic form and authenticated in such manner as may be prescribed25(2) any interim or final order passed by the tribunal or appellate tribunal displayed on the website of such tribunal or appellate tribunal shall be deemed to be public notice of such order and transmission of such order by electronic mail to the registered address of the parties to the proceeding shall be deemed to be served on such party30(3)the central government may, by rules, provide that the electronic form for the purpose specified in this section shall be exclusive, or in the alternative or in addition to the physical form, therefor35(4) the tribunal or the appellate tribunal notified under sub-section (1), for the purpose of adopting electronic filing, shall maintain its own website or common website with other tribunals and appellate tribunal or such other universally accessible repositories of electronic information and ensure that all orders or directions issued by the tribunal or appellate tribunal are displayed on the website of the tribunal or appellate tribunal, in such manner as may be prescribedexplanation— for the purpose of this section,—40(a) "digital signature" means the digital signature as defined under clause(p) of section 2 of the information technology act, 2000;21 of 20004521 of 2000(b) "electronic form" with reference to an information or a document meansthe electronic form as defined under clause (r) of section 2 of the informationtechnology act, 2000"amendment of section 2031 in the principal act, in section 20, in sub-section (3), for the words "forty-five days", at both the places where they occur the words "thirty days" shall be substituted32 in the principal act,—amendment of section 21(i) in section 21, for the words "seventy-five per cent", the words "fifty per cent" shall be substituted;5(ii) in the proviso, for the words "waive or reduce the amount", the words"reduce the amount to be deposited by such amount which shall not be less than twenty-five percent of the amount of such debt so due" shall be substitutedamendment of section 2233 in the principal act, in section 22, after sub-section (3), the following sub-section shall be inserted, namely:—18 of 189110"(4) for the purpose of proof of any entry in the "bankers books", the provisions of the bankers' books evidence act, 1891 shall apply to all the proceedings before the tribunal or appellate tribunal" 34 in the principal act, after section 22, the following section shall be inserted, namely:—insertion of new section 22a15"22athe central government may, for the purpose of this act, by rules, lay down uniform procedure consistent with the provisions of this act for conducting the proceedings before the tribunals and appellate tribunals"uniform proceedure for conduct of proceedingsamendment of section 2535 in the principal act, in section 25, after clause (a), the following clause shall be inserted, namely:—20"(aa) taking possession of property over which security interest is created or any other property of the defendant and appointing receiver for such property and to sell the same;"amendment of section 2736 in the principal act, in section 27, for sub-section (1), the following sub-sections shall be substituted, namely:—25"(1a) notwithstanding that a certificate has been issued to the recovery officer for the recovery of any amount, the presiding officer, may by an order, grant time for payment of the amount, provided the defendant makes a down payment of not less than twenty-five per cent of the amount specified in the recovery certificate and gives an unconditional undertaking to pay the balance within a reasonable time, which is acceptable to the applicant bank or financial institution holding recovery certificate30(1b) the recovery officer shall, after receipt of the order passed under subsection (1), stay the proceedings until the expiry of the time so granted(1c) where defendant agrees to pay the amount specified in the recovery certificate and proceeding are stayed by the recovery officer, the defendant shall forfeit right to file appeal against the orders of the tribunal35(1d) where the defendant commits any default in payment of the amount under sub-section (1), the stay of recovery proceedings shall stand withdrawn and the recovery officer shall take steps for recovery of remaining amount of debt due and payable"4037 in the principal act, after section 30, the following section shall be inserted, namely:—45"30a where an appeal is preferred against any order of the recovery officer, under section 30, by any person from whom the amount of debt is due to a bank or financial institution or consortium of banks or financial institutions, such appeal shall not be entertained by the tribunal unless such person has deposited with the tribunal fifty per cent of the amount of debt due as determined by the tribunal"insertion of new section 30adeposit of amount of debt due, for filing appeal against orders of the recovery officer38 in the principal act, after section 31a, the following section shall be inserted, namely:—insertion of new section 31bpriority to secured creditors5"31b notwithstanding anything contained in any other law for the time being in force, the rights of secured creditors to realise secured debts due and payable to them by sale of assets over which security interest is created, shall have priority and shall be paid in priority over all other debts and government dues including revenues, taxes, cesses and rates due to the central government, state government or local authority" 39 in the principal act, in section 36, in sub-section (2),—amendment of section 36(i) after clause (c), the following clause shall be inserted, namely:—"(ca) the fee for filing application under sub-section (3) of section 19;";10(ii) in clause (cc), for the brackets, figure and letter "(3a)", the brackets, figure and letter "(3b)" shall be substituted;(iii) after clause (cc) the following clauses shall be inserted, namely:—15"(cca) the period for filing written statement under sub-section (10) of section 19;(ccb) the fee for obtaining copy of the order of the tribunal under sub-section, (21) of section 19;(ccc) the form and the manner of filing application and other documents in the electronic form under sub-section (1) and the manner of display of orders of the tribunal and appellate tribunal under sub-section (4) of section 19a;20(ccd) the rules of uniform procedure for conducting the proceedings before the tribunals and appellate tribunals under section 22a;"40 the indian stamp act, 1899 shall be amended in the manner specified in the first schedule2541 the depositories act, 1996 shall be amended in the manner specified in the second scheduleamendment of act 2 of 1899amendments of act 22 of 1996 the first schedule (see section 40) amendment to the indian stamp act, 1899 (2 of 1899)301 after section 8e, the following section shall be inserted, namely:—35agreement or document for transfer of financial asset not liable to stamp duty54 of 2002"8f notwithstanding anything contained in this act or any other law for the time being in force, any agreement or other document for transfer or assignment of rights or interest in financial assets of banks or financial institutions under section 5 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, in favour of any asset reconstruction company, as defined, in clause (ba) of sub-section (1) of section 2 of that act, shall not be liable to duty under this act" the second schedule (see section 41)40 amendment to the depositories act, 1996 (22 of 1996)1 in section 7, after sub-section (1), the following sub-sections shall be inserted,—namely:—45"(1a) every depository on receipt of intimation from a participant register anytransfer of security in favour of an asset reconstruction company as defined in clause54 of 2002(ba) of sub-section (1) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 along with or consequent upon transfer or assignment of financial asset of any bank or financial institution under subsection (1) of section 5 of that act5(1b) every depository, on receipt of intimation from a participant, register any issue of new shares in favour of any bank or financial institution or asset reconstruction company or any other assignee of such bank or financial institutions or asset reconstruction company, as the case may be, by conversion of part of their debt into shares pursuant to reconstruction of debts of the company agreed between the company and the bank or financial institution or asset reconstruction company1015explanation—for the purpose of this section, the expressions "asset reconstruction company", "bank", or "financial institution" shall have the meanings assigned to them under clauses (ba), (c) and (m) of sub-section (1) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002"54 of 2002 statement of objects and reasonsthe recovery of debts due to banks and financial institutions act, 1993 and the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, were enacted for expeditious recovery of loans of banks and financial institutions presently, there are approximately seventy thousand cases pending in debts recovery tribunals though the recovery of debts due to banks and financial institutions act provides for a period of 180 days for disposal of recovery applications, the cases are pending for many years due to various adjournments and prolonged hearings in order to facilitate expeditious disposal of recovery applications, it has been decided to amend the said acts and also to make consequential amendments in the indian stamp act, 1899 and the depositories act, 19962 the amendments in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 are proposed to suit changing credit landscape and augment ease of doing business which, inter alia, include (i) registration of creation, modification and satisfaction of security interest by all secured creditors and provision for integration of registration systems under different laws relating to property rights with the central registry so as to create central database of security interest on property rights; (ii) conferment of powers upon the reserve bank of india to regulate asset reconstruction companies in a changing business environment; (iii) exemption from stamp duty on assignment of loans by banks and financial institutions in favour of asset reconstruction companies; (iv) enabling non-institutional investors to invest in security receipts; (v) debenture trustees as secured creditors; (vi) specific timeline for taking possession of secured assets; and (vii) priority to secured creditors in repayment of debts3 the amendments proposed in the recovery of debts due to banks and financial institutions act, 1993 inter alia, include (i) expeditious adjudication of recovery applications; (ii) electronic filing of recovery applications, documents and written statements; (iii) priority to secured creditors in repayment of debts; (iv) debenture trustees as financial institutions; (v) empowering the central government to provide for uniform procedural rules for conduct of proceedings in the debts recovery tribunals and appellate tribunals4 the bill also seeks to amend the indian stamp act, 1899, so as to exempt assignment of loans in favour of asset reconstruction companies from stamp duty and the depositories act, 1996 for facilitating transfer of shares held in pledge or on conversion of debt into shares in favour of banks and financial institutions5 the bill aims to improve ease of doing business and facilitate investment leading to higher economic growth and development6 the bill seeks to achieve the above objectivesnew delhi; arun jaitleythe 8th may, 2016clause 1 provides for short title of the bill as 'the enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) bill, 2016, and seeks to provide for commencement of the provisions of bill from such date as may be notified by the central government and different dates for different provisions of the billclause 2 seeks to provide for the amendment in the long title of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter refer to as the principal act) to provide for central database of security interests created on property rightsclause 3 seeks to change the nomenclature of securitisation company or reconstruction company as asset reconstruction companythroughout the act and for that purpose seeks to provide for that for the words "securitisation company", "reconstruction company", "securitisation or reconstruction company", "securitisation company or the reconstruction company" or "securitisation company or a reconstruction company" , wherever they occur, the words "asset reconstruction company" shall be substituted and for the words "securitisation companies or reconstruction companies", wherever they occur, the words "asset reconstruction companies"shall be substitutedclause 4 seeks to amend section 2 relating to definitions of certain expressions used in the act such as debt, default, etc, and also to insert some new definitions in section 2, such as,'assets reconstruction company', 'financial lease' and 'negotiable document', to widen the scope of securitisation and reconstruction of financial assets and enforcement of security interest act, 2002clause 5 seeks to amend section 3(1) of the principal actfor bringing change in the criteria of sponsor of asset reconstruction companies as fit and proper person instead of the provision that sponsor cannot have majority shares in asset reconstruction companyclause 6 seeks to amend section 5 of the principal act for exemption of stamp duty on the assignment deeds executed by the banks or financial institutions in favour of asset reconstruction companies and acceptance of such assignment deed for substitutionof the name of asset reconstruction company in various public recordsclause 7seeks to amend section 7of the principal actto enable the non-institutional buyers besides qualified institutional buyers for investment in security receiptsclause 8 seeks to substitute section 9 of the principal act toprovide for measures to be taken by the asset reconstruction company for asset reconstruction in accordance with the policy to be determined by reserve bank and directions issuedby it regarding management and fee to be charged by asset reconstruction companiesclause 9 seeks to amend section 12 of the principal actto provide for expansion of power of reserve bank to determine policy and issue directions to asset reconstruction companies for regulation of the fee and other charges which may be charged or incurred for management of financial assets acquired by any asset reconstruction company and transfer of security receipts issued to qualified institutional buyersclause 10 seeks to insert new provisions, viz, sections 12b, 12c and 12d in the principal act section 12c provides to empower reserve bank to carry out audit and inspection of asset reconstruction companies and to remove the chairman or any director or appoint additional directors on the board of directors of the asset reconstruction company, or to appoint any of its officers as an observer to observe the working of the board of directors of such asset reconstruction company for securing proper management of an asset reconstruction company new section 12c provides for penalties for non-compliance of the directions of the reserve bank and section12d provides for filing of complaint in case of failure to pay penaltyclause 11seeks to amend section 13 of the principal actby inserting a proviso in subsection (2) of section 13 to provide that the requirement of classification of secured debt as non-performing asset shall not apply to a borrower who raised funds through issue of debt securities but the provisions for enforcement of security interest under this chapter shall apply to such borrower; and in the event of default, the debenture trustee shall be entitled to enforce security interest in the same manner as provided in section 13 with necessary modifications and in accordance with the terms and conditions of security documents executed in favour of the debenture trusteeclause 12 seeks to amend section14of the principal act to provide time period of30 days within which the district magistrate/chief metropolitan magistrate shall dispose of the applications filed by banks or financial institutions and also to provide that an application may be made by -(a) two or more banks as secured creditors with or without any financial institution where they have converted part of their respective debts into shares of a borrower company in compliance with the provisions of sub-section (2) of section 19 of the banking regulation act, 1949 or obtained transfer of shares of the promoter shareholders held in pledge as security for any financial assistance in the name of such banks, thereby jointly holding more than fifty per cent share capital of the borrower company, or(b) any asset reconstruction company or financial institution or any other assignee holding more than fifty one per cent share capital of the borrower company clause 13 seeks to amend section 15 of the principal act to enable secured creditoron acquisition of controlling interest in the borrower company to restore its business upon conversion of its debt into sharesclause 14 seeks to amend section 17 of the principal act to empower debts recovery tribunals (drts) to decide the claims of tenancy or any other right of third parties over the secured assets it also seeks to provide for filing of securitisation applicationsin drts within the local limits of whose jurisdiction cause of action, wholly or in part, arises; orwhere the secured asset is located it also seeks to provide that where the tribunal is of the opinion that an applicant other than the borrower is entitled to restoration of possession of secured assets or management of the business of the borrower, the debt recovery tribunal shall restore the possession of assets or management to such personclause 15 seeks to insert a new section 20a in the principal act for integration of records registered under various registration systems relating to property rights with the records of central registry so as to provide for central database of security interest on property rights it also gives power to central government to delegate its power and functions regarding central registry to reserve bankclause 16 provides seeks to amend section 23 of the principal act to provide that central government may by notification extend the registration of transaction relating to different types of security interest created on different kinds of property with central registry and may, by rules, prescribe forms for registration for different types of security interest under this section and fee to be charged for such registrationclause 17 seeks to insert a new chapter iva in the principal act relating to registration by secured creditors and other creditors, consisting of sections 26b, 26c, 26d and 26e section 26b seeks to provide for extending the provision of registration to all lenders other than secured creditor for creation, modification or satisfaction of any security interest over any property of the borrower for the purpose of securing due repayment of any financial assistance granted by such creditor to the borrowerit further provides that anauthority or officer of the central government or any state government or local authority, entrusted with the function of recovery of tax or other government dues and for issuing any order for attachment of any property of any person liable to pay the tax or government dues, shall file with the central registry such attachment order with particulars of the assesse and details of tax or other government dues from such date as may be notified by the central government section 26c seeks to provide that registration of security interest will be effective from the date and time of registration of transactions or filing of attachment orders with central registry and section 26d seeks to provide that secured creditor will be entitled to exercise right to enforce securities only if it is registered with central registrysection 26e seeks to provide for the priority of debts due to secured creditors over all others debts, revenues, taxes, cesses and rates payable to central government, state government or any other local authority clause 18 seeks to provide that provisions of section 27 of the principal act regarding the penalties shall be deemed to be omitted from the date of enforcement of chapter iv and section 23 as amended by this amended billclause 19 seeks to omit section 28 of the actclause 20 seeks to provide for insertion of new section 30 ain the principal act to provide for penalties to be imposed by adjudicating authority for non-compliance of directions of reserve bank which has been enhanced from rupees five lakh to one crore rupees and in case of continuing offence enhanced from ten thousand rupees per day to rupees one lakh per day it further provides that no complaint shall be filed against any person in default in any court pertaining to any failure or contravention or default in respect of which any penalty has been imposed and recovered by the reserve bank and where any complaint has been filed against a person in default in a court in respect of failure or contravention or default of the nature referred to in section 12c or section 29, no proceedings for imposition of penalty against that person shall be takenclause 21 seeks to omit clause (e) of section 31 of the principal act which excludes applicability of the act to transactions of conditional sale, hire purchase or leaseclause 22 seeks to provide for amendment of section 31a of the principal act relating to laying of draft notifications before both houses of parliament, in case the notifications are issued by the central government to exempt class or classes of banks and financial institutions from the application of the provisions of the principal actclause 23 seeks to provide for the amendment in section 32of the principal act for protection of action taken by secured creditor or reserve bank or central registry or any of their officers, in good faithclause 24 seeks to provide for amendment in rule making power of the central government under sections 20a, 20b, 23 and 26b of the principal act in consequence of the amendments proposed by this amendment actchapter iii of this amendment bill seeks to provide for amendment in the recovery of debts due to banks and financial institutions act, 1993 (hereinafter in this chapter referred to as the said act)clause 25 seeks to define certain expressions in the said act such as ''debt securities'',''financial institutions (fis)'', ''property'', ''security interest'' and secured creditor,etcclause 26 seeks to amend section 6 of the said act to provide for enhancement of the age of retirement and re-appointment of presiding officers (pos) of debt recovery tribunals (drts)clause 27 seeks to amend section 11 of the said act to provide for enhancement of the age of retirement and re-appointment of chairperson of debt recovery appellate tribunals (drats)clause 28 seeks to amend section 17a of the said act relating to the general power of superintendence of chairpersons of drats over presiding officers of debt recovery tribunals under its jurisdiction to empower him to assess the performance of such officers and for that purpose to direct the tribunals to furnish, in such form, at such intervals and within such time, information relating to pending cases both under this act and under securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, or under any other law for the time being in force, number of cases disposed of, number of new cases filed and such other information as may be considered necessary by the chairperson, and also convene meetings of the presiding officers of tribunals periodically to review their performanceclause 29 seeks to provide for amendment in section 19 of the said act which lays down detailed procedure to be followed by the tribunals under chapter iv of the act to provide that the application shall be accompanied with all documents and evidences, which the applicant relieson,for expeditious adjudication and recovery of debts due to banks and financial institutionsclause 30 seeks to provide for insertion of new section 19a in the said act for filing of recovery applications, documents and written statements in electronic form and display of interim and final orders of the drts and drats on their websiteclause 31seeks to amend section 20 of the said act to provide for reduction of time for filing appeal to the appellate tribunal from 45 days to 30 daysclause 32 seeks to amend section 21of the said actto provide for deposit of fifty per cent of amount of debt due, for the purpose of filing of appeal and to also provide that the amount may be reduced by such amount which shall not be less than twenty-five per cent of the amount of such debt so dueclause 33 seeks to amend section 22 of the said act to provide that for the purpose of proof of entries in the bankers' book the provisions of the bankers' books evidence act, 1891 shall applyclause 34 provides for insertion of new section 22a in the said act to empower the central government to prescribe uniform procedure rules to be observed by the tribunal and appellate tribunals in conduct of their proceedingsclause 35 seeks to amend section 25of the said act to provide for the recovery of debts by taking possession of property over which security interest is created and appointing receiver for such property and to sell the sameclause 36 seeks to amend section 27 of the said actto provide that the presiding officermay grant time for recovery of the amount provided the defendant makes a down payment of not less than twenty-five percent of the amount claimed and to gives an unconditional undertaking to pay the balance within a reasonable time, which is acceptable to the applicant bank or financial institutions for stay of proceedings under recovery certificateclause 37 seeks to amend section 30 of the said act to provide for the requirement of deposit of fifty per centof debt payable by the defendant/ borrowers for filing appeal against orders of recovery officersclause 38 seeks toprovide for insertion of new section 31a in the said act which seeks to provide priority to secured creditors over all other claimants including claims of central government, state government or local authorityclause 39 seeks to provide for amendment of section 36 of the said actin rule making power of the central government in consequence of the provisions amended or inserted by this bill prescribing for making rules in respect of certain matters in section 19, section 19a and section 22a of the said actclause 40 seeks to amend the indian stamp act, 1899 as mentioned in the first schedulefor insertion of new section 8f in the indian stamp act, 1899 which seeks to provide that agreement or other document for transfer or assignment of rights or interest in financial assets of banks or financial institutions under section 5 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, in favour of any asset reconstruction company as defined in clause (ba) of sub-section (1) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 shall not be liable to duty under this actclause 41 provides for amendment in the depositories act, 1996 as mentioned in the second schedule which seeks to providefor insertion of new sub-sections (1a) and (1b) in section 7 of the depositories act, 1996 to provide that every depository on receipt of intimation from a participant register any transfer of security in favour of an asset reconstruction company as defined in clause (ba) of sub-section (1) of section (2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 along with or consequent upon transfer or assignment of financial asset of any bank or financial institution under sub-section (1) of section 5 of the that actit further seeks to provide for that every depository on receipt of intimation from a participant register any issue of new shares in favour of any bank or financial institution or asset reconstruction company or any other assignee of such bank or financial institutions or asset reconstruction company, as the case may be, by conversion of part of their debt into shares pursuant to reconstruction of debts of the company agreed between the company and the bank or financial institution or asset reconstruction company financial memorandumthe enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) bill, 2016 seeks to amend the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 and the recovery of debts due to banks and financial institutions act, 1993, the indian stamp act, 1899 and the depositories act, 19962 the bill, if enacted, is not likely to involve any recurring or non-recurring expenditure memorandum regarding delegated legislationclause 15 of the bill seeks to insert new sections 20a and 20b in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter referred to as the sarfaesi act)the proposed section 20a empowers the central government to make rules to provide for the manner of integration with the central registry of all registration records registered under various enactments specified in the explanation to sub-section (1) thereofclause 16 of the bill seeks to amend section 23 of the sarfaesi act by renumbering the said section as sub-section (1) thereof, and to insert new sub-sections (2) and (3) after sub-section (1) as so renumbered the proposed sub-section (3) empowers the central government to prescribe forms for registration for different types of security interest and the fee for such registrationclause 17 of the bill seeks to insert a new chapter iva in the sarfaesi act containing new sections 26b to 26esub-section (1) of proposed section 26b empowers the central government to extend, by issuing notification, the provisions of chapter iv relating to central registry to all creditors other than secured creditors specified therein, for creation, modification or satisfaction of security interest over any property of the borrower for the purpose of securing due repayment of any financial assistance granted by such creditor to the borrowersub-section (2) of said section empowers the central government to prescribe the form and manner of filing particulars of transactions of creation, modification or satisfaction of any security interest with the central registrysub-section (4) of the aforesaid section empowers the central government to make rules to provide for the form and manner of filing of attachment orders with particulars of the assessee and details of tax or other government dues, from the date notified by the central government, with the central registrysub-section (5) of the aforesaid section empowers the central government to make rules to provide for filing of particulars of attachment orders obtained from any court or other authority for attachment of property with central registry, and the fee for such registrationclause 29 of the bill seeks to amend section 19 of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as the drt act)sub-clause (x) thereof seeks to amend sub-section (10) of the said section so as to empower the central government to make rules to provide for the period within which written statement may be filedsub-clause (xx) thereof seeks to substitute sub-section (21) of aforesaid sectionsub-clause (ii) of said sub-section (21) empowers the central government to make rules to provide fee for obtaining copy of the order passed by the tribunalclause 30 of the bill seeks to insert a new section 19a in the drt act clause (a) of sub-section (1) of the proposed section seeks to empower the central government to make rules to provide for the form and manner of filing application, written statement or any other pleadings and documents in electronic form clause (b) of said sub-section (1) seeks to empower the central government to make rules to provide for the manner of authentication of pleadings and documentssub-section (4) of the aforesaid section empowers the central government to make rules to provide for the manner of displaying the orders and directions issued by the tribunal or the appellate tribunal on the websites of such tribunals or appellate tribunalsclause 34 of the bill seeks to insert a new section 22a in the drt act the proposed section empowers the central government to make rules to provide for uniform procedure for conducting the proceedings before the tribunals and appellate tribunalsthe matters in respect of which rules may be made in accordance with the aforesaid provisions of the bill are matters of procedure and details and it is not preacticable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002)an act to regulate securitisation and reconstruction of financial assets and enforcement of security interest and for matters connected, therewith on incidental theretodefinitions2(1) in this act, unless the context otherwise requires—(a) (f) "borrower" means any person who has been granted financial assistance by any bank or financial institution or who has given any guarantee or created any mortgage or pledge as security for the financial assistance granted by any bank or financial institution and includes a person who becomes borrower of a securitisation company or reconstruction company consequent upon acquisition by it of any rights or interest of any bank or financial institution in relation to such financial assistance; (ha) "debt" shall have the meaning assigned to it in clause (g) of section 2 of the recovery of debts due to banks and financial institutions act, 1993;51 of 1993(i) "debts recovery tribunal" means the tribunal established under sub-section (1) of section 3 of the recovery of debts due to banks and financial institutions act, 1993;(j) "default" means non-payment of any principal debt or interest thereon or any other amount payable by a borrower to any secured creditor consequent upon which the account of such borrower is classified as non-performing asset in the books of account of the secured creditor;(k) "financial assistance" means any loan or advance granted or any debentures or bonds subscribed or any guarantees given or letters of credit established or any other credit facility extended by any bank or financial institution; 15 to 1992(u) "qualified institutional buyer" means a financial institution, insurance company, bank, state financial corporation, state industrial development corporation, trustee of securitisation company or reconstruction company which has been granted a certificate of registration under sub-section (4) of section 3 or any asset management company making investment on behalf of mutual fund or a foreign institutional investor registered under the securities and exchange board of india act, 1992 or regulations made thereunder, or any other body corporate as may be specified by the board;1 to 1956(v) "reconstruction company" means a company formed and registered under the companies act, 1956, for the purpose of asset reconstruction;| | | | | ||------|------|------|------|-----|(za) "securitisation company" means any company formed and resigtered under the companies act, 1956 for the purpose of securitisation1 to 1956 (zf) "security interest" means right, title and interest of any kind whatsoever upon property, created in favour of any secured creditor and includes any mortgage, charge, hypothecation, assignment other than those specified in section 31; chapter ii regulation of securitisation and reconstruction of financial assets of banks and financial institutions3 (1) no securitisation company or reconstruction company shall commence or carry on the business of securitisation or asset reconstruction without— registration of securitisation companies or reconstruction companies(b) having the owned fund of not less than two crore rupees or such other amount not exceeding fifteen per cent of total financial assets acquired or to be acquired by the securitisation company or reconstruction company, as the reserve bank may, by notification, specify: provided that the reserve bank may, by notification, specify different amount of owned fund for different class of classes or securitisation companies or reconstruction companies:provided further that a securitisation company or reconstruction company, existing on the commencement of this act, shall make an application for registration to the reserve bank before the expiry of six months from such commencement and notwithstanding anything contained in this sub-section may continue to carry on the business of securitisation or asset reconstruction until a certificate of registration is granted to it or, as the case may be, rejection of application for registration is communicated to it (3) the reserve bank may, for the purpose of considering the application for registration of a securitisation company or reconstruction company to commence or carry on the business of securitisation or asset reconstruction, as the case may be, require to be satisfied, by an inspection of records or books of such securitisation company or reconstruction company, or otherwise, that the following conditions are fulfilled, namely:— (f) that a sponsor, is not a holding company of the securitisation company or reconstruction company, as the case may be, or, does not otherwise hold any controlling interest in such securitisation company or reconstruction company; (6) every securitisation company or reconstruction company, shall obtain prior approval of the reserve bank for any substantial change in its management or change of location of its registered office or change in its name:provided that the decision of the reserve bank, whether the change in management of a securitisation company or a reconstruction company is a substantial change in its management or not, shall be finalexplanation—for the purposes of this section, the expression "substantial change in management" means the change in the management by way of transfer of shares or amalgamation or transfer of the business of the company 1 to 1956 42 to 1956 15 to 19927 (1) without prejudice to the provisions contained in the companies act, 1956, the securities contracts (regulation) act, 1956 and the securities and exchange board of india act, 1992 any securitisation company or reconstruction company, may, after acquisition of any financial asset under sub-section (1) of section 5, offer security receipts to qualified institutional buyers (other than by offer to public) for subscription in accordance with the provisions of those actsissue of security by raising of receipts or funds by securitisation company or reconstructioncompany measures for assets reconstruction9 without prejudice to the provisions contained in any other law for the time being in force, a securitisation company or reconstruction company may, for the purposes of asset reconstruction, having regard to the guidelines framed by the reserve bank in this behalf, provide for any one or more of the following measures, namely:—(a) the proper management of the business of the borrower, by change in, or take over of, the management of the business of the borrower;(b) the sale or lease of a part or whole of the business of the borrower; (c) rescheduling of payment of debts payable by the borrower; (d) enforcement of security interest in accordance with the provisions of this act; (e) settlement of dues payable by the borrower; (f) taking possession of secured assets in accordance with the provisions of this act(g) to convert ay portion of debt into shares of a borrower company: provided that conversion of any part of debt into shares of a borrower company shall be deemed always to have been valid, as if the provisions of this clause were in force at all material times| | | | | ||------|------|------|------|-----| chapter iii enforcement of security interest| 13 ||-------------|| enforcement || of security || interest |(2) where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any instalment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset, then, the secured creditor may require the borrower by notice in writing to discharge in full his liabilities to the secured creditor within sixty days from the date of notice failing which the secured creditor shall be entitled to exercise all or any of the rights under sub-section (4) (8) if the dues of the secured creditor together with all costs, charges and expenses incurred by him are tendered to the secured creditor at any time before the date fixed for sale or transfer, the secured asset shall not be sold or transferred by the secured creditor, and no further step shall be taken by him for transfer or sale of that secured assetchief metropolitan magistrate or district magistrate to assist secured creditor in taking possession of secured asset14 (1) where the possession of any secured asset is required to be taken by the secured creditor or if any of the secured asset is required to be sold or transferred by the secured creditor under the provisions of this act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the chief metropolitan magistrate or, as the case may be, the district magistrate shall, on such request being made to him—(a) take possession of such asset and documents relating thereto; and (b) forward such assets and documents to the secured creditor: provided further that on receipt of the affidavit from the authorised officer, the district magistrate or the chief metropolitan magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets: right to appeal17 (1) any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this chapter, may make an application along with such fee, as may be prescribed to the debts recovery tribunal having jurisdiction in the matter within forty-five days from the date on which such measures had been taken:provided that different fees may be prescribed for making the application by the borrower and the person other than the borrowerexplanation—for the removal of doubts it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons to the borrower shall not entitle the person (including borrower) to make an aplication to the debts recovery tribunal under sub-section (1) of section 17 (3) if, the debts recovery tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in sub-section (4) of section 13, taken by the secured creditor are not in accordance with the provisions of this act and the rules made therunder, and require restoration of the management of the secured assets to the borrower or restoration of possession of the secured assets to the borrower, it may by order, declare the recourse to any one or more measures referred to in-sub-section (4) of section 13 taken by the secured assets as invaild and restore the possession of the secured assets to the borrower or restore the management of the secured assets to the borrower, as the case may be, and pass such order as it may consider aporpriate and necessary in relation to any of the recourse taken by the secured creditor under sub-section (4) of section 13 23 the particulars of every transaction of securitisation, asset reconstruction or creation of security interest shall be filed, with the central registrar in the manner and on payment of such fee as may be prescribed, within thirty days after the date of such transaction or creation of security, by the securitisation company or reconstruction company or the secured creditor, as the case may be:filing of transactions of securitisation, reconstruction and creation of security interestprovided that the central registrar may allow the filing of the particulars of such transaction or creation of security interest within thirty days next following the expiry of the said period of thirty days on payment of such additional fee not exceeding ten times the amount of such fee:provided further that the central government may, by notification, require registration of all transactions of securitisation, or asset reconstruction or creation of security interest which are subsisting on or before the date of establishment of the central registry under sub-section (1) of section 20 within such period and on payment of such fees as may be prescribed penalties for noncompliance of direction of reserve bank28 if any securitisation company or reconstruction company fails to comply with any direction issued by the reserve bank under section 12 or section 12a, such company and every officer of the company who is in default, shall be punishable with fine which may extend to five lakh rupees and in the case of a continuing offence, with an additional fine which may extend to ten thousand rupees for every day during which the default continues| | | | | ||------|------|------|------|-----| chapter vi miscellaneous31 the provisions of this act shall not apply to—| ||-----------------|| provisions of || this act not to || apply in || certain cases |(e) any coditional sale, hire-purchase or lease or any other contract in which no security interest has been created;| | | | | ||------|------|------|------|-----|"31a (1) the central government may, by notification in the public interest, direct that any of the provisions of this act,—(a) shall not apply to such class or classes of banks or financial institutions; orpower to exempt a vlass or classes of or financial institutions(b) shall apply to the class or classes of banks or financial institutions with such exceptions, modifications and adaptations, as may be specified in the notification(2) a copy of every notification proposed to be issued under sub-section (1), shall be laid in draft 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 disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses| ||-----------------|| protection of || action taken in || good faith |32 no suit, prosecution or other legal proceedings shall lie against any secured creditor or any of his officers or manager exercising any of the rights of the secured creditor or borrower for anything done or omitted to be done in good faith under this act| | | | | ||------|------|------|------|-----| extracts from the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) 2 in this act, unless the context otherwise requires—definitions (g) "debt" means any liability (inclusive of interest) which is claimed as due from any person by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or under a mortgage and subsisting on, and legally recoverable on, the date of the application; term of office6 the presiding officer of a tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier term of office11 the chairperson of an appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier chapter iv procedure of tribunalsapplication to the tribunal19 (1) where a bank or a financial institution has to recover any debt from any person, it may make an application to the tribunal within the local limits of whose jurisdiction—(a) the defendant, or each of the defendants where there are more than one, at the time of making the application, actually and voluntarily resides or carries on business or personally works for gain; or (3) every application under sub-section (1) or sub-section (2) shall be in such form and accompanied by such documents or other evidence and by such fee as may be prescribed:provided that the fee may by prescribed having regard to the amount of debt to be recovered:provided further that nothing contained in this sub-section relating to fee shall apply to cases transferred to the tribunal under sub-section (1) of section 31(3a) if any application filed before the tribunal for recovery of any debt is settled prior to the commencement of the hearing before that tribunal or at any stage of the proceedings before the final order is passed, the applicant may be granted refund of the fees paid by him at such rates as may be prescribed(4) on receipt of the application under sub-section (1) or sub-section (2), the tribunal shall issue summons requiring the defendant to show cause within thirty days of the service of summons as to why the relief prayed for should not be granted(5) the defendant shall, within a period of thirty days from the date of service of summons, present a written statement of this defence:provided that where the defendant fails to file the written statement within the said period of thirty days, the presiding officer may, in exceptional cases and in special circumstances to be recorded in writing, allow not more than two extensions to the defendant to file the written statement(5a) after hearing of the application has commenced, it shall be continued from dayto-day until the hearing is concluded:provided that the tribunal may grant adjournments if sufficient cause is shown, but no such adjournment shall be granted more than three times to a party and where there are three or more parties, the total number of such adjournments shall not exceed six:provided further that, the presiding officer may grant such adjournments or imposing such costs as may be considered necessary(6) where the defendant claims to set-off against the applicant's demand any ascertained sum of money legally recoverable by him from such applicant, the defendant may, at the first hearing of the application, but not afterwards unless permitted by the tribunal, present a written statement containing the particulars of the debt sought to be set-off (10) the applicant shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the tribunal(11) where a defendant sets up a counter-claim and the applicant contends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an independent action, the applicant may, at any time before issues are settled in relation to the counter-claim, apply to the tribunal for an order that such counter-claim may be excluded, and the tribunal may, on the hearing of such application, make such order as it thinks fit(12) the tribunal may make an interim order (whether by way of injunction or stay or attachment) against the defendant to debar him from transferring, alienating or otherwise dealing with, or disposing of, any property and assets belonging to him without the prior permission of the tribunal [10] m c(13) (a) where, at any stage of the proceedings, the tribunal is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay or frustrate the execution of any order for the recovery of debt that may be passed against him,—(i) is about to dispose of the whole or any part of his property; or (ii) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the tribunal; or(iii) is likely to cause any damage or mischief to the property or affect its value by misuse or creating third party interest, the tribunal may direct the defendant, 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 value of the same, or such portion thereof as may be sufficient to satisfy the certificate for the recovery of debt, or to appear and show cause why he should not furnish security(b) where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the tribunal, the tribunal may order the attachment of the whole or such portion of the properties claimed by the applicant as the properties secured in his favour or otherwise owned by the defendant as appears sufficient to satisfy any certificate for recovery of debt(14) the applicant shall, unless the tribunal otherwise directs, specify the property required to be attached and the estimated value thereof(15) the tribunal may also in the order direct the conditional attachment of the whole or any portion of the property specified under sub-section (14) [10] m c1 of 1956(19) where a certificate of recovery is issued against a company registered under the companies act, 1956, the tribunal may order the sale proceeds of such company to be distributed among its secured creditors in accordance with the provisions of section 529a of the companies act, 1956 and to pay the surplus, if any, to the company(20) the tribunal may, after giving the applicant and the defendant an opportunity of being heard, pass such interim of final order, including the order for payment of interest from the date on or before which payment of the amount is found due up to the date of realisation or actual payment, on the application as it thinks fit to meet the ends of justice(21) the tribunal shall send a copy of every order passed by it to the applicant and the defendant(22) the presiding officer shall issue a certificate under his signature on the basis of the order of the tribunal to the recovery officer for recovery of the amount of debt specified in the certificate (24) the application made to the tribunal under sub-section (1) or 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 finally within one hundred and eighty days from the date of receipt of the application 20 (1) appeal to the appellate tribunal(3) every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made, or deemed to have been made, by the tribunal is received by him 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 forty-five days if it is satisfied that there was sufficient cause for not filing it within that perioddeposit of amount of debt due, on filing appeal21 where an appeal is preferred by any person from whom the amount debt is due to a bank or a financial institution as a consortium of banks such appeal shall not be entertained by the appellate tribunal unless such person has deposited with the appellate tribunal seventy-five per cent of the amount of debt so due from him as determined by the tribunal under section 19:provided that the appellate tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section 36 (1) power to make rules(2) without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:— (cc) the rate of fee to be refunded to the applicant under sub-section (3a) of section 19 of the act ———— a billfurther to amend the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the recovery of debts due to banks and financial institutions act, 1993, the indian stamp act, 1899 and the depositories act, 1996, and for matters connected therewith or incidental thereto————

Parliament_bills

30858a90-1571-5c06-b792-1ab79bd941c2

bill no 207 of 2017 the financial assistance for girl child born to parents living below poverty line bill, 2017 by shri ramesh chander kaushik, mp a billto provide for financial protection and security to girl child born to parents living below poverty line and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the financial assistance to girl child born to parents living below poverty line act, 2017short title, extent and commencement5(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "girl child" means any female child born to parents living below poverty line and who has not attained the age of twenty years; and5(c) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification, constitute a fund to be known as the girl child development fund for carrying out the purposes of this actconstitution of girl child development fund10(2) the central government and the state governments shall contribute to the fundin such ratio as may be prescribed(3) the appropriate government shall deposit a sum of fifty thousand rupees in thebank account of every girl child born to parents living below poverty line within one month of her birth15(4) the deposit shall mature when the girl child attains the age of twenty years orsuch after the expiry of period as may be fixed by the appropriate government and such proceeds may be used by the girl child for education and other welfare measures204 the appropriate government shall within six months of coming into force of this act,issue directions to the nationalised and private sector banks and insurance companies, to formulate suitable schemes which provide benefits of fixed or term deposit and insurance benefits to the girl childschemes to be formulated by banks and insurance companies overriding effect of the act5 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force giving benefits to the girl child25power to make rules6 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 the 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 statement of objects and reasonseven after the completion of sixty-eight years of independence, no clear-cut policy for the overall development of girl child belonging to below poverty line (bpl) family has been formulated in our country so far today, a girl child of a poor family has to face problems at every stage this includes, problems relating to poverty, upbringing, malnutrition, education, employment, vocational training, healthcare and problems faced at the time of her marriage there is no institutional mechanism to harness the potential and channelize the energy of girl child of bpl family for the betterment of the country there is no proper planning for comprehensive development of girl child the plight of girl child belonging to scheduled castes, scheduled tribes and other backward classes is even worse apart from all the problems as mentioned above, they also have to face social ostracisation birth of a girl child is still considered to be a curse even now the birth of a girl child is not considered auspicious in societythere is a need to instill a sense of belongingness among the female children by providing them all opportunities for their development so that they can contribute to the progress of the country to their full potential the facilities should be provided to them as a matter of right and not as a privilege the steps taken in this direction will not only uplift the conditions of girl child but will also create a better society leading to a civilized and stronger nation the government should take responsibility of depositing one lakh rupees or as may be prescribed in financial institutions like banks and insurance companies in the name of new born girl child of bpl family, which will become a handsome amount after twenty years or so which can be used for the purpose of education, etc of the girl childin this way, financial protection and security to girl child of bpl family must be ensuredthe bill seeks to achieve the above objectiveshence this billnew delhi;ramesh chander kaushikjuly 11, 2017 financial memorandumclause 3 of the bill provides for constitution of a girl child development fund it also provides for deposit of sum of fifty thousand rupees in the bank account of every girl child of parents living below poverty line the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees two thousand five hundred crore will be involveda non-recurring expenditure of about rupees two thousand five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for financial protection and security to girl child born to parents living below poverty line and for matters connected therewith or incidental thereto————(shri ramesh chander kaushik, mp)gmgipmrnd—2174ls(s3)—07-12-2017

Parliament_bills

924e4263-f8a1-50c3-abde-72e6ebd430a6

, ~ ,1 9 6 ,6 of '0 (to be/as introduced i9 lok,~abha) ,', 1:pagec1l,head1ng under ch~pter· iii, for -"esta1lism--:1'it" relad u:s5tablishments" •• 1 2 page 3, line 8,--atter "establishment" 'for it" !!!:!! ";" 3 i ,e : : ;f ·0 ' •• ge 4, line 8, - ' ', -~- , ", ' ;,'': :', :"~:~'::'r~; ~''', ~·i,~· '~';"' ~"',,' ! " j - " ft)r "asigned" r''''ad'' u ass1gnedu , -,age 4" line l8,~"" ,~':' "l·!· " ! i 4 ' " j , tor "ottice ot" read "oftice" --!"" " '0 '' '0,' ,age 5, line 4,- ,t_' ' - 5 tor ninannes" read "mahriertt -page 5, lin~' i~,-" " after "~retscr1 bed" for ti,·~" read' ",tt , ' "r, - !,\'~ fage 5, line 23,-~, 7 ,', - r " ","" i' '' ',~~ , ~ atter, "'andll ~, " " , iif:!)~ n"'f '~" 'to " " age:'6, 'i1ne :'1~~':':' ,':"'~:;' ' ' ,,' ! 8 , atter "governmpnt" insert ': if " , , r -- "'; r •• ', - 9 page 6, line 23,- , after tract" insert ~ r"r "benet1tll read iibehefits" -- " , ; "f - t· - -- :: • ipage 7 line ;'3s: - ,~~ ~--- ':, ',/' ;" ': , , , i before ' i~~o~¥u t10nstr 1rili9tt ""'aueh" ! ~' -:~: i,; ~·,1 (page 9, line 7, -'__, --'- ' ,' ftjr it ani! read ,--13 page 1q, l1ne 22,-m "obstructions" ~ "obstructs" 14 page 11, 11ne 17,-for "proceded" read "proceeded" - f s• , for "sactionsll read usection" \ :: 16 • page' 12", 1·1ne· 2! ,-- ••• - •• ---- 4 •• _ fo!' 'f ndrlersses" read ii addr~bses" 4 " 17 page 13f: :line ~,o~ '- ' ' ~:~ ~ ;' !2! 'upreeqceft read' ii pr od'uc a" ~ i '~l - " " 18 page 14, 1n' the marginal hea'-dlng :to cl~use 32,- '" '-ror ii act" read' "this act1',: ~ ~', ," 19 page 14, line 19,-0' after "act" in~ ert ii' ii , " 20 page 14, line 22,-!-f _ ' 0'· for tt expendiimt't read' ftexpet\~ntll ----- ~:":,,:,,' 21 page 14, line 3s,- , , for "bu 1ness'!,_read ,tbusiness" 22 page 15, line 19,-' " for uofac·f11tesft 'read "fac11itlesu --- - 23 page 16, line 11,-for ncase" read "cases" 24 page 16, line 12,-for ucomi tion" read" cond1tlons" '25 page 16, i1ne 25,-for iid~raul:!t · ielid udefau1ts" --2q ' ' ; - ,' "for" _insert " uthe!1-after ~ ;:-" new delhi octobe'l"" -26 1~66 kart lka 4, 1888- (saka) -- 1 f t si bui no " of 196' the contract labour (regulation and abolition) bill, 1966 arrangement of clauses chapter i preliminary clauses[ short title, extent, commencement and application 2 definition') chapter ii the advisory boards3 central advisory board 4 state advisory board 5 power to constitute committees chapter iii registration of establisbmbnt employing contract labour6 appointment of registering officers 7 registration of certain establishments 8 revocation of regi~tration in certain cases 9 effect of non-registration 10 prohibition of employment of contract labour chapter iv licbnsing of contractorsii 12 appointment of licensing officers licensing of contractors grant of licences revocation, suspension and amendment of lic:eocce appeal 13· 14· is· ~, i: chapter v wblfarp and hballli of contract labour clausesr6 canteen<; 17; rest-rooms is other facilities 19 first-aid facilities 20 liability of principal employer in certain cases 2 j - responsibility for payment of wages chapter vi psn,u ties and procbdure22 obstructions 23 contravention of provisions regarding employment of contract labour 24· other offences 25 offences by companies 26 cognizance of offences 27 limitation of prosecutions chapter vii miscp~lanbous2s inspecting staff 29 reglsters and other recorrls to be maintained 30 effect of las and aarcements inconsistent with this act 3 i power to exempt in special cases 32 protection of action taken under this a/=r 33 power to give directions 34 power to remove difficulties 35 power to make rule~ abolition) bill, 1966 a billto regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters (;ollneeted therewith be it enacted by parliament in the seventeenth year of the republic of india as follows :- chapter i prbllminary5 i , (1) this act may be ~al1ed the contract labow" (regulation abolition) act, 1966 and short title, exte»l, c:ommencemt'dt and application (2) it extends to the whole of india except kashmir the state of jammu and (j) it shall come into force on such date as the central government 10 may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act (4) it applies-(a) to every establishment in which twenty or more workmen are employed or were ,employed on anyday ofthep'~ng twelve months is as contract labour j (b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen : provided that the appropriate government may, after giving not less than two months' n"tice of its intention so to do, by notification in the 20 official gazette, apply the provisions of this act to any e'ltablishment or contractor employing such number of workmen less than twenty as may he specified in the notification (5) (a) it shall not apply to establishments in which work only of an intermittent or casual nature is performed 5 (b) if a question arise~ whether work performed in an e!ltablishment ~ is of an intermittent or ca5ual nature, the decision of the appropriate government thereon shall he final d!ftnitions z in this ai;t, unless the context otherwise requires,-(a) "appropriate government" means-(1) in relation to-(,) any establishment pertaining to any industry carried on by or under the authority of the central government, or 5 pertaining to any such controlled indu~try as may be specified in this behalf by the central government, or (ia) any establishment of any railway, cantonment board, major port, mine or oil-field, or ( ,) any establishment of a banking or insurance com- 10 pany, the central government, (3) in relation to any other establishment, the government of the state in which that other establishment is situated; (b) a workman shall be deemed to be employed a8 "contract is labour" in or in connection with the work of an establlshmeat when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer; (c) "contractor", in relation to an establishment, means a person 20 who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor; (d) "controlled industry" means any industry the control of which 2s by the union has been declared by any central act to be expedient in the public interest; (b) "establishment" meam-(i) any office or department authority, or of the government or a local 30 (ia) any place where any indmtry, trade, business, manufacture or occupation is carried on; (f) "prescribed" means prescribed by rules made unuer the act; (g) "principal employer" means-() in relation to any office or department of the government 3s or a local authority, the head of that office or department or such other officer as the government or the local authority, as the cac;e may be, may specify in this behalf, (il) in a factory, the owner or occupier of the factory and where a person has been named a'3 the manager of the factory under the factories act, 1948, the person so named, (ii) in a mine, the owner or agent of the mine and where 5 a person has been named as the manager of the mine, the person so named, (iv) in any other establishment, any perscn responsible for the supervision and control of the establishment exp/anation-for the purpose of sub-clause (iii) of this clause, 10 the expressions "mine", "owner" and "agent" shall have the meanings r~lxctiveiy assignelt to them in clause (j), clause (1) ard clame (c) of sub-section (i) of section 2 of the mines act, 1952 j (h) "wages" shall have the mefnirg assjgned to it in claute (vi) of slct~on 2 of the payment of wages act, 1936 ; 15 (i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-ski lled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person-20 (a) who is empjoyed mainly in a managerial or administrative capacity; or (b) who, being employed in a superv~ory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of 25 the powers vested in him, functions mainly of a managerial nature ; or (g) who is an out-worker, that is to ~ay, a penon to wl:om any articles or materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, fini!1hed, repaired, adapted or otherwise pocessed for sale for the purposes ofehe trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premi4les, not being plullises under the control and management of the principal employer clfapter it the advisory boardscentral advisory board 3· (1) the central government shall, as soon as may be, constitute a board to be called the central advisory contract labour board (hereinafter referred to as the central board) to advise the 5 central government on such matters arising out of the administration of this act as may be referred to it and to carry out other functions asigned to it under this act (2) the central board shall comist of-(a) a chairman to be appointed hy the central government; 10 (b) the chief labour commissioner (central), ex-officio; (c) such number of members, not exceeding ~eventeen, as the central government may nominate to represent that government, the railways, the coal industry, the mining industry, the contractors, the workmen and any other interests which, in the opinion of the central 15 government, ought to be represented on the central board (j) the number of person" to be appointed as memhers from each uf the categories specified in sub-section (1), the term of office of and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of fi lling vacancies among, the members of 20 the central board shall be such as may be pre~cribed state advi-4· (1) the state governmt!nt may constitute a board to be called sory board the state advisory contract labour board (hereinafter referred to as the stat(board) to advise the state government on such matters arising out of the administration of thi5 act as may be referred to it and to carry out 2~ other functions assigned to it under this act (2) the state board shall consist of-ca) a chairman to be appointed by the state government; (b) the labour commissioner, ex -officio, or in his absence any other officer nominated by the state government in that behalf; 30 (c) such number of members, not exceeding eleven, as the state -government may nominate to represent that government, the industry, the contractors, the workmen and any other interests which, in the opinion of the state government, qught tq he represented on the state board· (j) the number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to he followed in the discharge of their functions by, and the mannes offil1ing vacancies among, the members s of the state board shall be such as may be prescribed 5· (1) the central board or the state board, as the case may power to b - h constitute e, may constitute sue committees and for sach purpose or purposes committees as it may think fit (2) the committee constituted und'~r sub-section (1) shall meet at 10 such times and places and shall observe such rules of procedure in regard to the transaction of husiness at its meetings as may be prescribed cj) the members ofa committee shad be paid lach fees and allowances for attending its meetings as ma, be prescribed {provided that no fees shall be paya!,le to a member who is an officer of 15 government or of any corporation established by any jaw for the time heing in force chapter iii registration of establishments employing contract labour'6 the appropriate government may, hy an order notified in the appointmejjlqi"rcai-20 official gazette -sterials ' officers (a) appoint such persons, being gazetted ofticcrs of government, as it thinks fit to tie registering oflicers for the· purpose of this chapter; and (b) define the limits within which a registering officer shall exercise the powers conferred on him by or under this act 7 (1) every principal employer of an e tabli~hment to ,yhich this reaistratioo act applies shall within such period as the appropriate government rna", orb~rhtalnenets- , - ta lis m s hy notification in the official gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an 30 application to the registering officer in the prescribed manner for registration of the establishment: provided that the regio;tering officer may entertain any such application ',: for registration after expiry of the period fixed in this behalf, if the r egister->; ing officer is satisfied that the applicant was prevented by sufficient cause ')3s from making the application in time (z) if the application for regi~tra:ion is complete in all respects, the registering officer ,hall regi&ter the establishment and issue to the principal employer of the e5tablishmcnt a certificate of registration containing such particulars as may be prescribed revocation 8 !fthe registering officer is satisfied, either on a refexence made to s of registra- tioa in h1dl in this behalf or otherwise, that the registration of any e-stablishment certain cases has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establish- 10 ment to be heard and with the previous approval of the appropriate government revoke the registration effect of nonregistration , no principal employer of an establishment, to which this act applies, shall~ (a) in the case of an' establishment required to be registered is under section 7, but which has not been registered within the time fixed for the purpos'! under that section; (b) in the case of an establishment the registration in respect of which has been revoked under section 8, employ contract labour in the establishment after the expiry of the period 20 referred to in clause (a) or after the revocation of registration, referred to in clause (6), as the case may he prohibition 10 (1) not with standing anything contained in this act the appro-:cnt ~ploy- priate government may, after con'lultation with the central board or, as contract the caao may be, a state board, prohibit, by notification in the official2s labour gazette, employment of contract labour in any process, operation or other work in any establishment (z) before issuing any notification under sub-section (1) in relation to an establishment, the appropriate government shall have regard to the conditions of work and benefit provided for the contract labour in that 30 establishment and other relevant factors, such as :-(a) whether the process, operation or o(her work is incidental to, or neccs9&l'y for the industry, trade, business, manufacture or occupation that is carried on in !he establishment; (b) whether it is of perennial nature, that is to say, it is of 35 sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that e9tablishment ; (c) whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto ; (d) whether it is sufficient to employ cflnc;ioerahle number of whole-time workmen explanation-if a question ari~es whether any process or operation or other work is of perennial nature, the decision of the appropriate gov= 5 ernment thereon shall be final chapter iv licensing of contractors10 ii the appropriate government may, by an order notified in the appointment official gazette _ of licensing officers (a) appoint such persons, beidg gazetted officers of goverament, as it thints fit to be licensing officers for the purposes of this chapter; and (b) define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this act (;5 12 (i) with effect from such date as the appropriate government licensing 0( may, by n,tification in the official gazette, appoint, no contractor to whom coiltrlctorb this act applies, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer 20 (2) subject to the provisions of this act, a licence under sub-section (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of minimum wages and other e:;sential amenities in respect of contract labour as the appropriate government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security 25 for the due perfonnance of the conditions as may be prescribed -13 (1) every application for the grant of a licence under sub-section gnnt of '1) of section 12 shall be made in the prescribed form and shall contain the lic:edces ;' particulars regard!ng the location of the establishment, the nature of o process, operation or work for which contract labour is to be employed and such other particulars as may be prescribed (2) the licensing officer may make such investigation il respect of the applicdtion received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed (1) a licence granted under this chapter shall be valid for the period specified therein and may be renewed from time to time lor such period and on payment of such fees and on; : ~ conditions as may be presaibc4 14· (1) if the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that-rev0cation, suspension and amendment of licences (ti) a licence granted under section 12 ha" been obtained by mifrepresentation or ~uppression of any m~terial fact, or - (b) the holder of a licence has, witho~jt reasonable cause, failed to s comply with the conditions subject to which the licence has beejl granted or has contravened any of the rroyisions of this act or the rulesmade thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this act, the licensing officer may, after giving 10 the holder of the licence an opportunity of showing cause, revoke or suo;:pend the licence or forfeit the sum, if any, or any portion thereof deposited a') security for the due performance of the corditions subject to which the licence h':ls been granted (2) subject to any rule') that may be m1de in this behalf, the licensing 15 officer may vary or amend a licence granted under section 12 appeal 15 (1) any person aggrieved hy an order made under se~tion 7' section 8, section 12 or section 14 may within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who ~hall be a person nominated in this behalf by the 20 appropriate government : prcjvided that the appellate officer may enterta~n the appeal after the expiry of [he said period of thirty days, if he is satisfied that the appellant was prevented by ~-ufficient cause from filing the appeal in time (2) on receipt of an appeal under sub-section (1), the appellate 25 officer ~ hall, after giving the appellant an opportunity of being heard dispose of the appeal as expeditiou~ly a,s pos~ible chapter v welfare and realm of contract labo~rcantl!c:n!l 16 (1) the appropriate government may make rules requiring that 30 in every establishrnent-(a) to which this act applies, (b) wherein work requiring employment of contract labour is likely to continue for such period as may be prescribed, and (c) wherein contract labour numbering one hundred or more is 35 ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labour (2) without prejudice to the generality of the foregoing power, such rules may provide for-(a) the date by which the canteens shall be provided; 5 (b) the number of clnteens that shall he pro\'ided and the standards in respect of conc;truction, accommc'dation, furniture and other equipment of the canteens; and (c) the foodstuffs which may he served therein an the charges which may be made therefor 17· (1) in every place wherein contract labour is required to halt rest rooms 10 at night in connection with the work of an estahlishment-(a) to which this act applies, and (b) in which work requiring employment of contract labour is likely to continue for such period as may be prescribed, there shall be provided and maintained by the contractor for the use of 15 the contract labour such dumber of res:-i'ooms or such other suitable alterna1ive accommodation within such time as may be pre~cribed (2) the rest-rooms or the alternative acc6mmodation to be provided under sub-section (1) shall be sufficiently lighted and vcntilated and shall be maintained in a clean and comfortable condition 20 18 it shall be the duty of every contractor employing contract other i b· " h h k f bl' h' h w·· facililiea a our in connection wit t e wor 0 an esta lshmcnt to w ie t s act applies, to pre vide and maintain-(a) a ~ufficient supply of wholesome drinking water for the contract labour at convenient places ; 25 (b) a sufficient number of latrines and urinals of the prescribed types so situated as to he convenient and accessihle to the contract labour in the establishment ; and (c) washing facilities 19 there shall be provided and maintained by the contractor so as first aid 30 to be readily accessible during all working hours a first-aid box equip- facilities ped with the prescribed contents at every place where contract labour is employ(d by him 20 (1) if any amenity required to be pro\,ided under section 16, liability of 8 &: h h fi f h principal section 17, secuon i or section 19 lor t e ene tot e contract lahour emplnyer in 35 employed in an establishment is not provided hy the contractor within the certain cases time prescribed therefilr, such amenity shall be provided hy the principal employer w:thin :such time as may he prescribed (2) all expemes ir:curred by the principal employer in providing the amenity may be recovered hy the principal employer from the contractor either by deduction from any amount payable to under any contract or as a debt payable by the contractor the contractor, responsibility for payment of wages < 5 21 (1) a contractor shall be re~ponsib}e for payment of wages to each worker employed by him as contract labour and such wages shall be paia before the expiry of such period as may be prescribed (2) every principal employer ehall nominate a representative duly authorieed by him to be present at the time of disbursement of wages by the contractor ard it shall be the duty of ~uch representative to certify the amounts paid as wages in ~uch manner 88 may be prescribed v) it shall be the duty of the contractor to en~ure the 10 disbursement of wages in the preser:ce of the authorised representative of the principal emplcyer (4) in case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the prit\cipal employer shall be liable to make payment of wages in full or the unpaid is balance due, as the case may be, to the contract labour employed by the contr~ctor and recover the amount w paid from the contractor either by deduction from any amount payable to the contractor under any contract or a5 a debt payable by the co:1tcactor chapter vi20 penal ties and procedureobstnc!ions 22 (1) whoever obstructions an insrector in the discharge of his duties under this act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this act in relation to an 25 establishment to which, or a contractor to whom, this act applies, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupee~, or with both (2) whoever wilfully refuses to produce on the demard of an inspec- 30 tor any register or other document kept in pun: uance of this act or prevents or attempts to prevent or does any thing which he has reason to believe is likely to preven~ itny person from appearing before or being examined by an inllpector acting in pur~uance of his duties under this act, shall bci"punishable with imprisonment for a term which may exterd to 35 three month" or with fine which may extend to five hurdred rupees, or with both a3 whoever contravenes any provision of this act or of any rules made thereunder prohibiting, restricting or regulning the employment contravention of provisions reprding employment ofcontfbct labour of contract labour, or contravenes any condition of a licence granted under this act, shall be punilihable with imprisorment for a term which may exterd to three months, or with fine wh:ch it ay cxterd to one thou~ and rupee~, or with both, and in the case of a continuing contravention with 5 an additional fine wh:ch rray extcrd to ore hudhd lupces for every day during which !1uch contravention continues after ccnv:ction for the first such contravention 24· if any permn contravenes any of the provisions of trus act or other oftenof ary nles mrde thereurder for wh:ch no olher per:a}ty is elsewhere ccs 10 prov:dcd, he ~pall t-e plnid:al-le w~th :itpr;~(rn:(nt for a telm wh:ch may extud fo thlee rronth<; or with fir:e wh:ch may exttrd 10 one thou~ard rupees, or with t:oth 2s· (1) if the person committing an cfferce under this act is a com- offi b - encea y pany, the company as well as every perron in charge of, and r~-ponmble to, companies 15 tht company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be hable to be proceded against and punished accordingly: provided that nothing contained in this mb-~ection shail render any such person hable to any punishment if he pro'·cs that (he offence was 20 committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence col) notwithstandirg arything contained in sub-~ec[ion (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 25 that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or any other officer of the company, such director, manager, managing agent or such other officer ~hal1 also be deemed to be guilty of that offence and shall be liable to be proceeded against and puni~;hed accordingly 30 explanat,01l:--for the purpose of this sections-(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 26 no court shall take cognizance of any offence under this ac( f'x- ;t~;r!~~~ ,35 cept on a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a presidency magistrate or a magistrate of the fir~t class shall try any oftence puni!"hahle under t!-is act limitation of 27· no court shall take cognizance of an offence punishable under prosecutions this act unless the cornp!aint three f is rnrde within three rronths from the d:lte on which the alleged commis~ion of the (\tfence c~me to the knowledge of an inspector: provided that where the otfcrcc consists of diwl-eying a written order 5 made by an inspector, complaint thereof may he mrde within six months of the date on which the offence is alleged to have been committed - chapter vii miscellaneousinspecting staff 28 (i) the appropriate government may, by notification in 10 the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act, and define the local1-imits within which they shall exercise their powers under the act (2) subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed-j 5 (a) ellter, at all reasonable hours, with such assistants (it any), being persons in the serv:ce of the gonrrrrcnt cr hy local or other public authority as he thinks fit, any pnmises or place where contract labour is employed, for the rurro~e of exrmining [ny register or record or notices required to be kept or exhibited ~y or under this act or ru!es 20 mede thereunder, an,i require the prcduction thereof for inspection; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cau~e to believe, is a workman employed therein ; (c) require any person gl\"mg out work and any workman, to give 25 any information, which is in his power to give, with resrect to tt-c names and adders~:es of the persons to, (or and from whom 'he work is given out or r(clived, ard wilh ie' r(ct !o it-e rayrrents to be mrde for the work; cd) seize or tuke copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence 30 under this act which he has reason to i~e!ieye has heen committed by the principal employer ; and (e) exerci;e such other powers as m~y be prescribed (3) a'ly person required to proeuce any document or thing or to give any information required by an inspector u~der sub-section (ol) shall be deemed to be legally bound to dj so within the meanipg of section j75 ard 5 section 176 of the irdian penal code (4) tne provisions of the code of criminal procedure, 1898 shau, so far as idly be, apply to any search or seizure u!lder sub-section (ol) as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the sa;d code - 10 29 (1) every principal employer and every co,tractor shall maintain registers and such regbters and record; giving such particulars of contract labour em- ~~ht~ ~~i: ployed, the nature of work performed by the contract labour, the rates of ntainl':d wages plid to the c:>ntract labour and such other particulars in such form a'l may be prescribed 15 (ol) every principal employer and every contractor shall keep exhibited in such manner a!'= may be prescribed within the premises of the establishment where the coltract lahour is employed, notices in the pre,-cribed form containing particulars about the hours of work, nature of duty and such other information as may be prescribed 20 30 - (1) tile provisions of this act shall have effect notwithl!tanding effect of anything inconsistent therewith contained in any other law or in the terms ~;:e::nts of any agreement or contract of service or in any standing orders applic- i~nsi~tent - co with this able to the estabhshment whether made be re or afte the commencement act of this act: 25 provided that where under any such agreement, contract of service or standing orders the contract labour emplcyed in the establishment are entitled to henefits in respect of any matter which are more favourable to them than th03e to which they would be entitled ur:der this act, the contract labour shall contirue to be entitled to the more favourable benefits in 30 respect of that matter, notwithstanding that they receive benefits in respect of other matterc; under this act (2) nothing contained in this act shall be construed as precluding any such contract labour from entering into an agreement with the principal employer or the con·ractor, as the case may he, for granting them rights s or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this act power to ext'mpt in specia i cases 31 tile appropriate governme~t may if in it; opinion it is necessary or expedient so to do direct, ry n\ltifil'3tion in the official gazette, that suhject to such conditions ard re~tri tions, if any, ard for such period or period, be; may be sp::-cified in the ~)tification, all or any of the provisions of this act or the rules made thereunder shall not apply to any e$tablish-) ment or cia,s of e,tablishmc1ts or any class of contractors 32 (1) no suit, pr03ecutio:1 or other legal proceeding ~halllic against any r~gistecing offi':::!r, licen;ing offi:er or a]y other government servant or prote cti)n of action taken under act again~t aly m~mber of the central board or the state board, as the case may he, for anything which is in gdl"\\i faith done or intended to be done in to pur~uance of this act or any rule or order made thereunder (2) no suit or other legal proceeuing shall lie against the govemment for any damlge caused or likd)- to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made there under power to give directions 33 the central governmen(may give directions to the government of any state as to the carrying into execution in the state of the provisions contained in this act power to remove difficulties 34 if any difficulty arises in giving effect to the provisions of this act the central government may, hy order published in the official gazette, 20 make such provisions not inconsistent with the provisions of this act, as appears to it to be necessary or expendient for removing the difficulty 35 (1) the appropriate government may, subject:o the condition or previou5 publication, make rules for carrying out the purposes of this act power to makerules d ~ l ') (ol) in particular, and without prejudice to the generality of the 25 foregoing power, such rules may provide for all or any of the following matters, namely :-(a) the number of persons to be appointed as members rep res en" ting various interests on the central bolrd and the state bolfd, the term of their office and other conditions of service, the procedure to be 30 followed in the discharge of their ful'lctions and the manner of filling vacancies; (b) the times and places of the meetings of any committee cojutituted under this act, the procedure to be followed at such meetill8s including the quorum necessary for the transaction of bujl1ess, and the 3s fees and allowances that may be paid to the members of a committee ; (c) the manner in which establishment, may be rt·gistercd under section 7, the levy of a fee the·efor and the fo:m of certificate of registration ; cd) the fo;'m of applicat:on for the gram 0 renewal of a licence under section 13 and the patticulars it may contain ; (e) the mlnnel" in which an inve;tigation is to be made in respect nf an application for the g-ant of a licence and the matters to be taken into account in granting or refusing a licence ; (j) the form of a licence which may be granted or renewed under 10 ~ection 12 and the conditions subject to which t' e licence may be granted or renewed, the fees to be levied for the grant or renewal of a licence and the deposit of any ~um as security for the performance of such conditions ; (g) the circumstances under which licences may be \"aricd or amended under section 14; 15 (h) the form and manner in which appeals may be filed under ~cction 15 and the procedure to be followed by appellate officers in disposing of the appeals ; (i) the time within which facilites required by t&:s act to be pro-\"ided and maintained may be so provided by the contractor and in ca,e of default on the part of the contractor, by the principal employer; (j) the number and types of canteenc;, test-rooms, latrines and urinals that should be provided and maintained ; (k) the type of equipment that should be provided in the first-aid boxes ; (i) the period within which wages payable to contract labour should be paid by the contractor under sub-section (1) of section 21 ; (m) the form of registers and records to be maintained by principal employers and contractors; 30 en) the subm=s!ion of returns, fonns in which~ and the authoritiec; to which, such returns may be submitted ; (0) the collection of any infonnatlon or statistic!f in relation to contract labour ; and (p) any other matter whkh has to be, or may be, prescribed under this act 3stne system of employment of contract labour lend; itself to variou,\ abu')es tile question of its abolition has heen under the con ideration of government for a long time in the se~ond-fh'e-year-plan, the plarning commission made certain recommendation'), namely, undertaking of studies to ascertain the extent of the prohlem of ~ontrac( labour, progressive abolition of the system and improyement or !tervice conditions of contract labour where the abolition was not poisihle tile matter wa l discu;sed at variou meetings of tripartite committees at which the state governments were also repre:-ented and the general oo,sensu'i of opinion was that the system should be a bolished wherever pos :ible and practicable and that in case where this syscem could nor he abolished altogether, the working condition of the contract labour should be regulared sj a; to ensure payment of wages and provision of e3sential amenities 2 the propos!d bill a:mc; at the a~)olition of contra;;l labour inre -pect of such categoric; a; may be notified by the appropriate government in th~ light of certain criteria th!lt ha\'e been laid down, and at regulating the service conditions of c(;ntract lab:lur wh~re abolition is not possible the bill provides for the setting up of advisory baa:ds of a trips ·tite cha:-acter, repr!"en~ilg varinus interests, to add;e the central 3"lj stat~ g;,vernm'!nts in administering the legislation and registration of establh-hments and contractors under the scheme of the bill, the provision and maintenance of certain basic welfare amenities for ~contract labour, like drinking water and firstaid fachitie" and in certain caie, reit-room~ and canteens, have 'been made obligatory provisions ~ve also been made to guard against defaul in the matter of wage payment new delhi; jagjivan ram the 27th august, 1966 president's recommfu"\dation ltnder article 117 of the constitution of india[copy of letter no 14 (s)j66-lwi, dated the 5th september, 1966 from shri jagjiwan ram, minister of lahour, employment and reh1hilitation to the secretary, lok sabha] the president, h'l\'ing been informed of the subject rn!ltter of the contract labour (regulation and aholition) bill, 1966 hljs recijmmended it, under articles 117 (i) and 117 (3) of rhe constitution, for introducdon and consideration of the lok sahha the following clauses of the contnict l:lhour (regulation and aholition) bill involve expenditure to the central government :-(i) clause 3-constitution of a cemral advisory board (2) clause 5-appointmem of committees by the centrji advisory board (3) clause 6-registration of establishments (appoimment of registering officers for central sphere) (4) clause i i-appointment of licensing officers and issue of licenses for the central sphere (5) clause 28-appointmcnt of inspecting staff hy the central government 2 it is proposed to entrust the enforcement of the provisions of the bill in all establishments in re ,pe~t of which the central government is 'appropriate' government, i e, work relating to registrjtion of establishments employing contract labour (clause 6), licensing of contractors (clause ii), inspections (clause 28), etc, to the central industrial relations machinery it may be necessary to appoint one assistant labqur com~issioner at each regionall'teadqu8rters namel)" bombay, cal~tt~ madras, }abalpur, kanput, dhanbad and hyderabad, and two labour enforce~ent officers in each region taking i~to account the ad~ trative w~k that may devo~ve on the office of the chief labour commissioner and the department of vtbour and employment, the follo\\;ng staff is likely to be required :-i deparlmmt of labour and employmenl i section officer i rs 350 (400)-<)00 i 2 vd c i 3 l d c i i office of the chief labour coi1l7llissinit't i regional labour commissioner rs 900-1250 2 section officer 3 stenographer -to \s,i~tants 5· f dcs o l d cs 7· d"lftry s peons i ii regional headquarters i assistant labour commissioners rs 6oc-950 2 u dcs 7 3· l d cs 7 4· peons iv for field work i labour enforcement officers rs 350-25-575 2 l d cs 3 peons the total non-recurring expenditure likely to be incurred will amount to rs 37,000/- and recurring expenditure to about rs 4,52,000/-per annum 3 in addition to the expenditure mentioned above expenditure on t a and d a of the non-official members of the central advisory board, to be constituted under clause 3 and committees to be constituted under c1au~e 5 of the bill will also be met by the department of labour and employment for holding two meetings in a year the expenditure is likely to be rs 10,000/- per annum, thus increasing the annual recurring expenditure to rs 4,62,000/-clause 16 of the bill empower; the appropriate government to make rule' :'egarding ca:~teen to be p:ovided by cont llctor; in e\'ery establishment wherein co!1t 'act labour numbering 0:- e hu'" dred or more is o~'djnarily employed and wherein work requi 'jng cmp'r·yn:er t c,f cfor tract labour is likely to conti!'_u~ f)r the prescr:bed period t_le matter; in re pect of which rules may be made relate to the date by which the canteens should be provided, the number of c1nteens, the standard in respect of con~truction, accommodation and furniture to be provided and the foodstuffs which may be served and the charges which may be made therefor 2 clause 28(2) of the bill provides for the making of rules subject to which the inspecting staff may exercise the powers of entry, inspection, search and seizure conferred under that clause 3· clause 35 of the bill empowers the appropriate government to make rules for carrying out the purposes of the act the various matters in re~pect of whi~ rule~ may be made are specified in sub-clause (3) of that clause they relate inter-alia to the constitution of the central and the ~tate advisory boards, the procedure ~o be followed by the central board and the state boards and by the committees thereof, manner and procedure for registration of establishments, the form of application for the grant or renewal of licences for contractors, etc, the form and manner in which appeals may be filed and the procedure to be followed by appellate officers, the manner and time within which facilities like canteens, rest-rooms, supply of wholesome drinking water, latrinec;, urinals and first-aid facilities sball be provided and maintained by the contractor, and in certain contingencies, by the principal employer, the period within which the wages have to be paid by the cllntractor and the manner in which the representative of the principal employer should certify the payment of wages, the forms of repsters to be maintained and the returns to be submitted 4, these are ~ matters of administrative:procedure and detail the delegation of legislative power is tho" of a 1\ormal character a bill to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith (shri jagjifjan ram, minister of labour, employmmt and rehllbilitation)

Parliament_bills

b95ba154-4fea-5305-a1d2-fb8d9a8f2149

the right of citizens for time bound delivery of goods and services and redressal of their grievances bill, 2011 ———— arrangement of clauses ———— chapter i preliminary clauses 1 short title, extent and commencement2 definitionschapter ii right to service 3 right to service chapter iii publication of citizens charter and grievance redressal officer by public authority4 obligation of public authority to publish citizens charter 5 obligation of head of department for updating and verifying the citizens charter chapter iv establishment of information and facilitation centre6 establishment of information and facilitation centrechapter v appointment and obligation of grievance redress officers by public authority 7 appointment and obligations of grievance redress officers, including for each municipalities and panchayat8 acknowledgement of complaint by receipt thereof 9 action to be taken by grievance redress officer10 forwarding of details of non-redressal of complaints to the designated authoritychapter vi appeal the designated authority 11 appeal chapter vii establishment of state public grievance redressal commission12 appeal to state commission 13 constitution of state public grievance redressal commission 14 composition of state commission 15 selection committee for appointment of state commissioners 16 qualifications for appointment of state commissioners 17 terms of office of chief commissioner and other commissioners 18 staff, salary and allowances of state commission 19 filling up of vacancies clauses 20 resignation and removal 21 powers of commission and procedure before it 22 procedure of adjudication by state public grievance redressal commission 23 proceedings before commission to be judicial proceedings 24 staff and officers to be public servants 25 time frame for disposal of appeals 26 power to issue directions and exercise original jurisdiction 27 burden of proof to be on grievance redressal officer 28 where grievance complained of is a result of corrupt practices chapter viii establishment of the central public grievance redressal commission 29 appeal to central commission 30 constitution of central public grievance redressal commission 31 composition of central commission 32 selection committee for appointment of central public grievance redress commissioners 33 qualifications for appointment of central public grievance redress commissioners 34 terms of office of central grievance redress commissioners 35 staff, salary and allowances of central commission 36 filling up of vacancies 37 resignation and removal 38 powers of central commission and procedure before it 39 proceedings before central commission to be judicial proceedings 40 burden of proof to be on grievance redressal officer 41 staff and officers to be public servants 42 time frame for disposal of appeals 43 power to issue directions 44 where grievance complained of is a result of corrupt practices chapter ix penalties and compensation 45 penalty and compensation for mala fide action chapter x reporting of redressal of grievances by public authority 46 reporting requirements chapter xi miscellaneous 47 appeal against decision of state commission or central commission 48 bar of jurisdiction of court 49 enforcement of orders by state public grievance redressal commission or the central public grievance redressal commission 50 protection for acts done in good faith 51 provisions to be in addition to existing laws 52 power to make rules 53 laying of rules 54 power to remove difficulties bill no 131 of 2011 the right of citizens for time bound delivery of goods and services and redressal of their grievances bill, 2011 a billto lay down an obligation upon every public authority to publish citizens charter stating therein the time within which specified goods shall be supplied and services be rendered and provide for a grievance redressal mechanism for non-compliance of citizens charter and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminaryshort title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmirin the official gazette, appoint:provided that the central government shall appoint such date within six months from the date on which the right of citizens for time bound delivery of goods and services and redressal of their grievances bill, 2011 receives the assent of the president:5provided further 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 provisiondefinitions2 in this act, unless the context otherwise requires,—10(a) "action taken report" means a report furnished to the complainant by the grievance redress officer or the designated authority or the state public grievance redressal commission or the central public grievance redressal commission in response to a complaint or appeal, as the case may be;(b) "appropriate government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—15(i) by the central government or the union territory administration, the central government;(ii) by the states, the state government;(c) "central public grievance redressal commission" means the central public grievance redressal commission constituted under section 30;20(d) "chief commissioner" means the chief commissioner of state public grievance redressal commission or the central public grievance redressal commission appointed under section 13 or section 32, as the case may be;25(e) "citizens charter" means a document declaring the functioning, obligations, duties, commitments of a public authority for providing goods and services effectively and efficiently with acceptable levels of standards, time limits and designation of public servants for delivery and grievance redress as defined in sub-section (1) of section 4;30(f) "complaint" means a complaint filed by a citizen regarding any grievance relating to, or arising out of, any failure in the delivery of goods or rendering of service pursuant to the citizens charter, or in the functioning of a public authority, or any violation of any law, policy, programme, order or scheme but does not include grievance relating to the service matters of a public servant whether serving or retired;(g) "days" means the working days, referred to as the timeline; (h) "designated authority" means such officer or authority outside the concerned public authority as may be prescribed by the appropriate government:35provided that in case an officer is designated as the designated authority, such officer shall be above the rank of the grievance redressal officer referred to in subsection (1) of section 7;(i) "grievance redress officer" means a grievance redress officer appointed under section 7;40(j) "head of the department" means an officer designated as such by the appropriate government, as the head of a government department or public authority;45(k) "information and facilitation centre" means an information and facilitation centre, including customer care centre, call centre, help desk, people's support centre established under section 6;(l) "notification" means a notification published in the official gazette; (m) "prescribed" means prescribed by the rules made under this act;(n) "public authority" means any authority or body or institution of selfgovernment established or constituted,—(i) by or under the constitution; (ii) by any other law made by parliament;5(iii) by any other law made by state legislature;(iv) by notification issued or order made by the appropriate government, and includes any,—(a) body owned, controlled or substantially financed; (b) non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate government;10(c) an organisation or body corporate in its capacity as an instrumentality of "state" as defined under article 12 of the constitution and rendering services of public utility in india;151 of 1956(d) a government company as defined under section 617 of the companies act, 1956;(e) any other company which supply goods or render services in pursuance of an obligation imposed under any central or state act or under any licence or authorisation under any law for the time being in force or by the central or state government;20(v) by an agreement or memorandum of understanding between thegovernment and any private entity as public-private partnership or otherwise;(o) "service" means all the goods and services, including functions, obligations, responsibility or duty, to be provided or rendered by a public authority;25(p) "state public grievance redressal commission" means the state public grievance redressal commission constituted under section 13 chapter ii right to serviceright to service3 subject to the provisions of this act, every individual citizen shall have the right to time bound delivery of goods and provision for services and redressal of grievances30 chapter iii publication of citizens charter and grievance redressal officer by public authorities4 (1) every public authority shall publish, within six months of the commencement of this act, a citizens charter specifying therein all the category of goods supplied and services rendered by it, the time within which such goods shall be supplied or services be rendered35obligation of public authority to publish citizens charter(2) without prejudice to the generality of the provisions contained in sub-section (1), the citizens charter shall provide all or any of the following matters, namely:—40(a) the details of all the goods supplied and services rendered by the public authority and the name of person or agency through which such goods are supplied or services rendered and timings during which such services are supplied or services rendered;(b) the conditions under which a person becomes entitled for goods or services,and the class of persons who are entitled to receive such goods and avail services;(c) the quantitative and tangible parameters (including weight, size, frequency)of the goods and services available to the public;(d) complaint redressal mechanism including the time within which the complaint be disposed of and the officer of the public authority to whom such complaint may be made;(e) the name and addresses of individuals responsible for the delivery of goods or rendering of services mentioned in (a) above;5(f) any other functions, obligations, responsibility or duty of the public authority is required or reasonably expected to provide;(g) any other information relevant to delivery of goods or provision of services or such other information as may be prescribed10(3) the appropriate government may, by notification, make rules in relation to citizens charter and grievance redressal5 (1) the head of the department in each public authority shall be responsible for updating and verifying the citizens charter every year and the accuracy of the contents thereof15obligation of head of the department for updating and verifying the citizens charter(2) it shall be the responsibility of the head of the department of every public authority to ensure that the citizens charter is widely disseminated to the public22 of 2005(3) it shall be the responsibility of the head of the department of every public authority to take steps in accordance with section 4 of the right to information act, 2005 for providing relevant information to the public enabling them to exercise their rights mandated under this act20(4) every head of the department shall ensure that all material be disseminated taking into consideration the local language and the most effective method of communication in that local area free of cost25explanation—for the purposes of this section the expression "disseminated" means making known and communicating the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority by any citizen30(5) every head of the department shall to the extent possible, ensure that the citizens charter is made available at the website of the public authority and in other electronic forms and shall be available free of cost(6) every head of the department shall ensure that a copy of the citizens charter of the public authority duly certified by him is submitted to appropriate bodies, including appropriate central and state public grievance redress commission, when it is published and subsequently, every time that it is modified, updated or amended35 chapter iv establishment of information and facilitation centre6 (1) every public authority shall establish information and facilitation centre for efficient and effective delivery of services and redressal of grievances, which may include establishment of customer care centre, call centre, help desk and people's support centreestablishment of information and facilitation centre40(2) every head of the department of the public authority shall be responsible for the development, improvement, modernisation and reform in service delivery and redressal of grievance system it shall also include adoption of electronic modes, internet, etc(3) the appropriate government may, by notification, make rules in relation to information and facilitation centre chapter v appointment and obligation of grievance redress officers by public authority57 (1) every public authority shall, within six months from the date of the coming into force of this act, designate as many officers as may be necessary as grievance redress officers in all administrative units or offices at the central, state, district and sub-district levels, municipalities, panchayats whereat supplies of goods or render services to receive, enquire into and redress any complaints from citizens in the manner as may be prescribed:10provided that the grievance redress officer so appointed shall be at least one level above and be deemed to have admimistrative control on the individual designated to deliver goods or render services as per the citizens charter as defined in section 4appointment and obligations of grievance redress officers, including for each municipalities and panchayat(2) every public authority shall, immediately on appointment or designation of a grievance redress officer,—15(a) give, through a public notice in a newspaper published in hindi or english language and in a newspaper published in an indian language in circulation in the area in which such service provider is providing services, indicating therein the name of the grievance redress officer, his address and telephone number, e-mail address, facsimile number and other means of contacting him in respect of each area for which the grievance redress officer have been appointed or designated and thereafter give such public notice at least once in twelve months in the same manner:20provided that in case of change of the name of the grievance redress officer,his address and telephone number, e-mail address, facsimile number and other means of contacting him shall be intimated by public notice, in the same manner specified in this clause;25(b) display, at its each office, information and facilitation centre, call centre,customer care centre, help desk, people's support centre and at the sales outlets, website and at the office of the grievance redress officer and the appellate authority, the name of the grievance redress officer, their addresses and telephone numbers, e-mail addresses, facsimile numbers and other means of contacting them, in respect of each area for which the grievance redress officer have been appointed or designated30(3) every public authority shall appoint or designate such number of grievanceredress officer under sub-section (1) and for such areas, as may be considered by itnecessary, for grievance redress officer being easily accessible and available for redressal of grievance of the public(4) the grievance redress officer shall provide all necessary assistance to citizens in filing complaints35(5) where a complainant is unable to make a complaint in writing, the grievance redress officer shall render all reasonable assistance to the person making the request orally to reduce the same in writing40acknowledgement of complaint by receipt thereof8 all complaints shall, within two days of the making of the complaint, beacknowledged by a receipt, issued in writing or through electronic means or through text message or through telephone or through any other means as may be prescribed, specifying the date, time, place, unique complaint number and particulars of receiver of complaint along with the stipulated time frame in accordance with its citizens charter within which the complaint will be redressed459 (1) upon receipt of a complaint as defined in clause (f) of section 2, it shall be theduty of the concerned grievance redress officer to ensure that,—action to be taken by grievance redress officer(a) the grievance is remedied in a time frame not exceeding thirty days from thedate of receipt of the complaint;(b) the reason for the occurrence of the grievance is identified and the responsibility of the defaulting office or individual is fixed and the grievance is redressed satisfactorily within thirty days from the date of receipt of the complaint by the grievance redress officer;5(c) where the grievance has occurred as a result of a deficiency, negligence or malfeasance on the part of an office or individual then the action is taken in accordance with conduct rules and departmental procedures;1049 of 1988(d) where the grievance redress officer is convinced that the individual responsible for the delivery of the goods and services has wilfully neglected to deliver the goods or services or there exist prima facie grounds for a case under the prevention of corruption act, 1988, the grievance redress officer can make an observation to that effect along with a recommendation for the penalty, including compensation to the complainant, to be imposed, to the designated authority15(2) the grievance redress officer may seek the assistance of any other officer required for the proper discharge of his duties or may direct any other officer to take action to redress a complaint(3) any officer, whose assistance has been sought under sub-section (2), shall render all assistance to the grievance redress officer seeking his assistance and for the purposes of any contravention of the provisions of this act, such other officer shall be deemed to be a grievance redress officer for the purposes of this act20(4) the grievance redress officer shall ensure that the complainant is informed in writing the manner in which the grievance is redressed and shall give him a report in the form of an action taken report2510 the grievance redress officer shall, immediately after the expiry of the period of thirty days, report every complaint which has not been redressed along with the details of the complainant, nature of complaint, and reasons for non-redressal of complaints to the designated authorityforwarding of details of nonredressal of complaints to the designated authority chapter vi appeal to the designated authority30appeal11 (1) every complaint forwarded along with the details under section 10 shall bedeemed to have been filed by way of an appeal to the designated authority35(2) any individual aggrieved by a decision of the concerned grievance redress officer or who has not received an action taken report in respect of a complaint filed by him, may, if he so desires, within thirty days from the expiry of such period or from the receipt of such decision, prefer an appeal to the designated authority:provided that the designated authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time40(3) the receipt of the appeal under sub-section (2) shall be acknowledged by the office of the designated authority5 of 1908(4) the designated authority shall, for the purposes of its functions under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:—45(a) summoning and enforcing the attendance of any person and examining him on oath;(b) discovery and production of any document or other material objectproducible as evidence;(c) receiving evidence on affidavits;(d) requisitioning of any public record;5(e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribed(5) the designated authority shall have original jurisdiction to adjudicate upon every application made to it under this section 11105 of 1908(6) the designated authority shall not be bound by the procedure laid down in the code of civil procedure, 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 thereunder, the authority shall have the power to regulate its own procedure15(7) every appeal filed under this section or complaint deemed to by way of an appeal shall be disposed of by the designated authority within thirty days from the date of receipt of such appeal: provided that an appeal of an urgent or immediate nature shall be disposed of within the same day of the receipt of the appeal or before the date on which the cause of action may cease to exist, which shall not be later than thirty days from the date of receipt of the appeal20(8) the designated authority shall arrange to deliver copies of the decisions to theparties concerned within a period of five working days from the date of such decisions(9) the designated authority may impose penalty, including compansation to the complainant, in deciding an appeal against concerned officer for acting in a mala fide manner or having failed to discharge their duties without any sufficient and reasonable cause:25provided that the concerned officers of the public authority shall be given a reasonableopportunity of being heard before any penalty is imposed on them49 of 198830(10) where it appears to the designated authority that the grievance complained of is, prima facie, indicative or representative of a corrupt act or practice in terms of the prevention of corruption act, 1988, on the part of the individual officer of the the public authority complained against, then, it shall record in writing such evidence as may be found in support of such conclusion and shall initiate the proceedings or in writing refer the same to the appropriate authorities competent to take cognizance of such corrupt practice35(11) the designated authority shall upon adjudication of a complaint have the powers to issue directions requiring the concerned officers of the public authority to take such steps as may be necessary to secure compliance with the provisions of citizens charter chapter vii establishment of state public grievance redressal commission40appeal to state commission12 (1) any person who, does not receive a decision within the time specified in chapter v, or is aggrieved by a decision of the designated authority, falling within the jurisdiction of the state government, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to the state public grievance redressal commission:provided that the commission may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time5(2) the decision of the state public grievance redressal commission under this section shall be binding13 the state government shall constitute, by notification, a commission to be known as "the state public grievance redressal commission" to exercise the jurisdiction, power and authority conferred under this act14 the state public grievance redressal commission shall consist of,—constitution of state public grievance redressal commissioncomposition of state commission10(a) a chief commissioner; and (b) such number of commissioners, not exceeding ten, as may be prescribed, out of which at least one each shall be from amongst scheduled castes, scheduled tribes and women1515 (1) the chief commissioner and commissioners shall be appointed by the governor on the recommendation of a selection committee consisting of,—(a) the chief minister, who shall be the chairperson of the committee;selection committee for appointment of state commissioners(b) the leader of opposition in the legislative assembly; and (c) a sitting judge of the high court to be nominated by the chief justice of the state20(2) the selection committee shall select out of a panel of five eligible candidates for each vacancy which shall be finalised by a search committee consisting of such members as may be prescribed(3) subject to the provisions of sub-sections (1) and (2), the selection committee may regulate its own procedure2516 a person shall not be qualified for appointment as a chief commissioner or a commissioner of the state public grievance redressal commission unless,—qualifications for appointment of state commissioners(a) he is, or has been an officer of the state government and has held the postin the rank of secretary or the principal secretary to that government; or(b) he is or has been a district judge for at least ten years; or30(c) he is or has been a judge of the high court of the state; or(d) he is an eminent person recognised for his work towards public service in the area and who has worked for at least fifteen years in the social sector with a postgraduate degree in a relevant subject:35provided that the state government may prescribe criteria in addition to the above for the appointment of the chief commissioner and commissioners 17 (1) the chief commissioner and the commissioners shall hold office for a term of five years from the date on which they enter upon office or until they attain the age of sixtyfive years whichever is earlierterms of office of chief commissioner and other commissioners40(2) the chief commissioner and the commissioners shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment18 (1) the state government shall provide the state public grievance redressal commission with such officers and employees as may be required for the discharge of its functions under this actstaff, salary and allowances of state commission (2) the officers and employees so appointed under sub-section (1) shall discharge their functions under the general superintendence of the chief commissioner5(3) the salary and allowances payable to, and the other terms and conditions of service of,—(a) the chief commissioner shall be the same as that of an election commissioner;and10(b) the commissioners shall be the same as that of the chief secretary of the state:15provided that if the chief commissioner or commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension in respect of any previous service under the government of india or the government of state, his salary in respect of the service as chief commissioner or commissioner shall be reduced by the amount of that pension, including any portion of pension, which was commuted and pension equivalent of other forms of retirement benefits, excluding pension equivalent or retirement gratuity:20provided further that where the chief commissioner or commissioner, if at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any central act or state act or a government company owned or controlled by the central government or the state government, his salary in respect of the service as a chief commissioner or the commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:25provided also that neither the salary and allowances nor the other terms and conditions of service of the chief commissioner or commissioner shall be varied to their disadvantage after appointmentfilling up of vacancies3019 if, for any reason other than temporary absence, any vacancy occurs in the office of the state public grievance redressal commission then the chief commissioner shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the commission from the stage at which the vacancy is filledresignation and removal3520 (1) any member of the state public grievance redressal commission may, by notice in writing under his hand addressed to the governor of the state with a copy to the chief commissioner, resign his office(2) notwithstanding anything contained in sub-section (1), the governor may by order remove from office the chief commissioner or any commissioner if the chief commissioner or a commissioner, as the case may be,—(a) is adjudged an insolvent; or40(b) has been convicted of an offence which, in the opinion of the governor,involves moral turpitude; or(c) engages during his term of office in any paid employment outside the dutiesof his office; or45(d) is, in the opinion of the governor, unfit to continue in office by reason ofinfirmity of mind or body; or(e) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as the chief commissioner or as a commissioner(3) the state government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid chief commissioner or commissioners5 of 1908521 (1) the state public grievance redressal commission shall, for the purposes of its functions under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:—power of commission and procedure before it(a) summoning and enforcing the attendance of any person and examining himon oath;(b) discovery and production of any document or other material object producibleas evidence;10(c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribed155 of 1908(2) the state public grievance redressal commission shall not be bound by the procedure laid down in the code of civil procedure, 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 thereunder, the commission shall have the power to regulate its own procedure| 22 ||------------------------------------------------------------------|| jurisdiction to decide every appeal made to it under section 12 || 20 |(2) the state public grievance redressal commission shall arrange to deliver copies of the decision to the parties concerned within a period of fifteen days from the date of such decisionprocedure of adjudication by state public grievance redressal commission2545 of 1861 2 of 197423 all proceedings before the state public grievance redressal commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code and the commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973proceedings before commission to be judicial proceedings45 of 186024 the staff and officers of the state public grievance redressal commission shall be deemed to be public servants within the meaning of section 21 of the indian penal codestaff and officers to be public servants3025 (1) an appeal under section 12 shall be disposed of within sixty days from the date of filing of the appeal:time frame for disposal of appeals35provided that an appeal of an urgent or immediate in nature shall be disposed of within the same day of the receipt of the appeal or before the date on which the cause of action may cease to exist, which shall not be later than fifteen days from the date of receipt of the appeal(2) the state public grievance redressal commission may impose penalty, including compensation to the complainant, while deciding an appeal against designated officer and grievance redress officers for acting in a mala fide manner or having failed to discharge his duties without any sufficient and reasonable cause:40provided that the concerned officers of the public authority shall be given a reasonable opportunity of being heard before any penalty is imposed on them under this section26 (1) the state public grievance redressal commission shall, upon adjudication of a complaint, have the power to issue directions,—45(a) requiring the public authority to take such steps as may be necessary to secure compliance with the provisions of the citizens charter;power to issue directions and exercise original jurisdiction(b) requiring the timely creation, updation and wide dissemination of the citizens charter of the public authority (2) it shall be the duty of the state public grievance redressal commission to receive and inquire into a complaint from any person,—5(a) who has been unable to submit an appeal to the designated authority; (b) who has been refused redress of grievance under this act; (c) whose complaint has not been disposed of within the time limit specified;10(d) who has been denied access to the citizens charter of the public authorityeither because the charter was not created by the public authority or is inadequate in any regard or it is not widely disseminated to make people aware of it;(e) in respect of any other matter relating to registering and redressing of acomplaint or appeal under this act15(3) the state public grievance redressal commission may, suo motu, take notice of failure to deliver goods and services in accordance with the provisions of this act and refer such cases for disposal to the head of the department of the public authority and in such cases, an action taken report shall be sent by the head of the department of the public authority to the state commission within thirty days from the date of such reference(4) where the state public grievance redressal commission, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry suo motu in respect thereof2027 in any appeal proceedings, the burden of proof to establish that a non- redressal of complaint by the grievance redressal officer shall be on the grievance redress officer who denied the request2549 of 198828 where it appears to the commission that the grievance complained of is, prima facie, indicative of a corrupt act or practice in terms of the prevention of corruption act, 1988, on the part of the responsible officer of the public authority complained against, then, it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authoritiesburden of proof to be on grievance redressal officerwhere grievance complained of is a result of corrupt practices chapter viii30 establishment of the central public grievance redressal commissionappeal to central commission3529 (1) any person who, does not receive a decision within the time specified in chapter v, or is aggrieved by a decision of the designated authority falling within the jurisdiction of the central government, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to the central public grievance redressal commission:provided that the commission may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time(2) the decision of the central public grievance redressal commission under this section shall be binding4030 the central government shall constitute, by notification, a body to be known as"central public grievance redressal commission" to exercise the jurisdiction, powers and authority conferred under this actconstitution of central public grievance redressal commission31 the central public grievance redressal commission shall consist of,—composition of central commission(a) the chief public grievance redress commissioner; and (b) such number of central public grievance redress commissioners, not exceeding ten, as may be prescribed out of which at least one each shall be from amongst scheduled castes, scheduled tribes and women532 (1) the chief public grievance redress commissioner and central public grievance redress commissioners shall be appointed by the president on the recommendation of a committee consisting of,—| ( | a | ) the prime minister, who shall be the chairperson of the committee; ||----------------|-----|--------------------------------------------------------------------------------|| 10 | | || ( | b | ) the leader of opposition in the lok sabha; and || selection | | || committee | | || for | | || appointment | | || of central | | || public | | || grievance | | || redress | | || commissioners | | || ( | c | ) a sitting judge of the supreme court to be nominated by the chief justice of || india | | || 15 | | | (2) the selection committee shall select out of a panel of five eligible candidates for each vacancy which shall be finalised by a search committee consisting of such members as may be prescribed(3) subject to the provisions of sub-sections (1) and (2), the selection committee may regulate its own procedure33 (1) a person shall not be qualified for appointment as a chief commissioner or commissioners of central public grievance redress commissioner unless,—20(a) he is, or has been an officer of the central government and has held the postin the rank of secretary to the government of india; orqualifications for appointment of central public grievance redress commissioners(b) he is, or has been, in the rank a chief justice of a high court or a judge ofthe supreme court;25(c) he is, an eminent person recognised for his work towards public service inthe area and who has worked for at least twenty years in the social sector with a postgraduate degree in a relevant subject:provided that the central government may prescribe criteria in addition to the above for the appointment of the chief commissioner and commissioners3034 (1) the chief public grievance redress commissioner and the central public grievance redress commissioners shall hold office for a term of five years from the date on which they enter upon the officeterms of office of central grievance redress commissioners(2) the chief grievance redress commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment3535 (1) the central government shall provide the central public grievance redressal commission with such officers and employees as may be required for the discharge of its functions under this actstaff, salary and allowances of central commission(2) the officers and employees so appointed under sub-section (1) shall discharge their functions under the general superintendence of the chief public grievance redress commissioner40(3) the salary and allowances payable to and the other terms and conditions of service of,— (a) the chief public grievance redress commissioner shall be the same as that of the chief election commissioner; and45(b) the central public grievance redress commissioner shall be the same as that of an election commissioner:5provided that if the chief public grievance redress commissioner or central public grievance redress commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension in respect of any previous service under the government of india or the government of state, his salary in respect of the service as chief public grievance redress commissioner or central public grievance redress commissioner shall be reduced by the amount of that pension, including any portion of pension, which was commuted and pension equivalent of other forms of retirement benefits, excluding pension equivalent or retirement gratuity:10 15provided further that where the chief public grievance redress commissioner or central public grievance redress commissioner, if at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any central act or state act or a government company owned or controlled by the central government or the state government, his salary in respect of the service as a chief public grievance redress commissioner or the central public grievance redress commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:provided also that neither the salary and allowances nor the other terms and conditions of service of the members of the central public grievance redressal commission shall be varied to their disadvantage after appointment20filling up of vacancies2536 if, for any reason other than temporary absence, any vacancy occurs in the office of the central public grievance redressal commission then the chief public grievance redress commissioner shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the commission from the stage at which the vacancy is filledresignation and removal37 (1) any member of the central public grievance redressal commission may, by notice in writing under his hand addressed to the president with a copy to the chief public grievance redress commissioner, resign his office30(2) notwithstanding anything contained in sub-section (1), the president may by order remove from office the chief public grievance redress commissioner or any central public grievance redress commissioner if the chief public grievance redress commissioner or the central public grievance redress commissioner, as the case may be,—(a) is adjudged an insolvent; or35(b) has been convicted of an offence which, in the opinion of the president,involves moral turpitude; or(c) engages during his term of office in any paid employment outside the duties of his office; or(d) is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body; or40(e) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as the chief public grievance redress commissioner or a central public grievance redress commissioner45(3) the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid chief public grievance redress commissioner or central public grievance redress commissioners5 of 190838 (1) the central public grievance redressal commission shall, for the purposes of its functions under this act, have the same powers as are vestedin a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:—powers of central commission and procedure before it(a) summoning and enforcing the attendance of any person and examining him on oath;50(b) discovery and production of any document or other material object producible as evidence;(c) receiving evidence on affidavits;(d) requisitioning of any public record;| ( | e | ) issuing commission for the examination of witnesses; ||-----|-----|----------------------------------------------------------|| 5 | | || ( | f | ) reviewing its decisions, directions and orders; |(g) any other matter which may be prescribed(2) the central public grievance redressal commission shall have original jurisdiction to adjudicate upon every application made to it under section 29105 of 1908(3) the central public grievance redressal commission shall not be bound by the procedure laid down in the code of civil procedure, 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 thereunder, the commission shall have the power to regulate its own procedure15(4) the central public grievance redressal commission shall arrange to deliver copies of the decision to the parties concerned within a period of fifteen days from the date of such decision45 of 19602 of 19742039 all proceedings before the central public grievance redressal commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code and the commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973proceedings before central commission to be judicial proceedings40 in any appeal proceedings, the burden of proof to establish that a non-redressal of complaint by the grievance redressal officer shall be on the grievance redress officer who denied the request2545 of 196041 the staff and officers of the central public grievance redressal commission shall be deemed to be public servants within the meaning of section 21 of the indian penal codeburden of proof to be on grievance redressal officerstaff and officers to be public servants42 (1) an appeal under section 29 shall be disposed of within sixty days from the date of filing of the appeal:time frame for disposal of appeals30provided that an appeal of an urgent or immediate in nature shall be disposed of within the same day of the receipt of the appeal or before the date on which the cause of action may cease to exist, which shall not be later than fifteen days from the date of receipt of the appeal35(2) the central public grievance redressal commission may impose penalty, including compensation to the complainant, in deciding an appeal against designated officers and grievance redress officers for acting in a mala fide manner or having failed to discharge their duties without any sufficient and reasonable cause:provided that the concerned officers of the public authority shall be given a reasonable opportunity of being heard before any penalty is imposed on them43 (1) the central public grievance redressal commission shall, upon adjudication of a complaint, have the power to issue directions,—40(a) requiring the public authority to take such steps as may be necessary to secure compliance with the provisions of the citizens charter;power to issue directions and exercise original jurisdiction(b) requiring the timely creation, updation and wide dissemination of the citizens charter of the public authority(2) it shall be the duty of the central public grievance redressal commission to receive and inquire into a complaint from any person,—(a) who has been unable to submit an appeal to the designated authority; (b) who has been refused redress of grievance under this act;5(c) whose complaint has not been disposed of within the time limit specified; (d) who has been denied access to the citizens charter of the public authorityeither because the charter was not created by the public authority or is inadequate in any regard or it is not widely disseminated to make people aware of it;10(e) in respect of any other matter relating to registering and redressing of acomplaint or appeal under this act(3) the central public grievance redressal commission may, suo motu, take notice of failure to deliver goods and services in accordance with the provisions of this act and refer such cases for disposal to the head of the department of the public authority and in such cases, an action taken report shall be sent by the head of department of the public authority to the central commission within thirty days from the date of such reference15(4) where the central public grievance redressal commission, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry suo motu in respect thereof2049 of 1988where grievance complained of is a result of corrupt practices44 where it appears to the central public grievance redressal commission that the grievance complained of is prima facie indicative of a corrupt act or practice in terms of the prevention of corruption act, 1988, on the part of the responsible officer of the public authority complained against then it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authorities chapter ix25 penalties and compensationpenalty and compensation for mala fide action3045 (1) the designated authority, the state public grievance redressal commission or the central public grievance redressal commission, as the case may be, may impose a lump sum penalty against designated official responsible for delivery of goods and services or grievance redress officer for their failure to deliver goods or render services to which the applicant is entitled, which may extend up to fifty thousand rupees which shall be recovered from the salary of the official against whom penalty has been imposed(2) on imposition of the penalty under sub-section (1), the appellate authority may, by order, direct that such portion of the penalty imposed under the said section shall be awarded to the appellant, as compensation, as it may deem fit:35provided that the amount of such compensation awarded shall not exceed the amount of penalty imposed under the said section40(3) if any public servant is found guilty under sub-section (1), the disciplinary authority shall initiate the disciplinary proceedings against such officer of the public authority, who if proved to be guilty of a mala fide action in respect of any provision of this act, shall be liable to such punishment including a penalty as the disciplinary authority may decide chapter x reporting of redressal of grievances by public authorityreporting requirements46 (1) every public authority shall ensure that every grievance redressal officer keeps a record of complaints made to it or appeal therein and the decisions on such complaints and appeals45(2) every public authority shall publish on its website, by the 15th day of every month or at such shorter intervals, as may be prescribed, a report mentioning therein—| ( | a | ) the number of complaints received; ||-----|-----|---------------------------------------------|| ( | b | ) the number of complaints pending; || ( | c | ) the number of complaints disposed of; and || 5 | | |(d) such other particulars, as may be prescribed, for discharge of its functions under this act chapter xi miscellaneous1047 (1) any person aggrieved by the decision of the central public grievance redressal commission may prefer an apeal to the lokpal constituted under the lokpal and lokayuktas act, 2011appeal against decision of central commission or state commission15(2) any person aggrieved by the decision of the state public grievance redressal commission may prefer an appeal to the lokayukta constituted under the lokpal and lokayuktas act, 2011(3) the time within which and the manner in which the appeal may be filed under this section shall be such as may be prescribed by the appropriate governmentbar of jurisdiction of court2048 no civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this act required to be settled, decided or dealt with or to be determined by the grievance redressal officer or the designated authority or the state public grievance redressal commission or the central public grievance redressal commission2549 every order made by the state public grievance redressal commission or the central public grievance redressal commission may be enforced by the state public grievance redressal commission or the central public grievance redressal commission, as the case may be, in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the state public grievance redressal commission or the central public grievance redressal commission, as the case may be, to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction,—30enforcement of orders by state public grievance redressal commission or the central public grievance redressal commission(a) in the case of a public authority not falling under clauses (b) and (c), theplace at which the main office of such public authority is situated; or(b) in the case of an order against a public authority being a company, theregistered office of the company is situated; or35(c) in the case of an order against any other person, the place where the personconcerned voluntarily resides or carries on business or personally works for gain is situated, andthereupon, the court to which the order is so sent, shall execute the orders as if it were a decree or order sent to it for execution4050 no suit, prosecution or other legal proceeding shall lie against any person foranything which is in good faith done or intended to be done under this act or any rule made thereunderprotection for act done in good faith51 the provisions of this act shall be in addition to and not in derogation of, any other law for the time being in forceprovisions to be in addition to existinglaws45power to make rules52 (1) the appropriate government may, by notification, make rules for carrying outthe 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 officer or the authority to be designated as designated authority underclause (h) of section 2;(b) other information under clause (g) of sub-section (2) of section 4;5(c) matters in relation to citizens charter under sub-section (3) of section 4; (d) matter in relation to the information and facilitation centre, under sub-section(3) of section 6;10(e) the manner of inquiry into and redressal of grievance of the complaintsreceived from citizens under sub-section (1) of section 7;(f) the other means by which complaints may be made under section 8; (g) the other matters for which the designated authority shall have power underclause (g) of sub-section (4) of section 11;15(h) the number of commissioners of the state public grievance redressalcommission under clause (b) of section 14;(i) the members of the search committee under sub-section (2) of section 15; (j) additional criteria in relation to selection of chief commissioner and thecommissioners of the state public grievance redressal commission under proviso to section 16;20(k) the procedure of investigation of misbehaviour or incapacity for removal ofthe chief commissioners and other commissioners of, the state public grievance redressal commission under sub-section (3) of section 20;(l) the other matters for which the state public grievance redressal commission shall have the powers under clause (g) of sub-section (1) of section 21;25(m) the number of commissioners of the central public grievance redressalcommission under clause (b) of section 31;(n) the members of the search committee under sub-section (2) of section 32; (o) additional criteria in relation to selection of chief commissioner and thecommissioners of the central public grievance redressal commission under proviso to section 33;30(p) the procedure of investigation of misbehaviour or incapacity for removal of the chief commissioner and other commissioners of, the central public grievance redressal commission under sub-section (3) of section 37;(q) the other matters for which the central public grievance redressalcommission shall have the powers under clause (g) of sub-section (1) of section 38;35(r) the time within which the record of complaints to the public authority and thedecisions on the complaints and appeals shall be published on the website and other particulars under sub-section (2) of section 46;40(s) the time within which and the manner in which appeal may be filed undersub-section (3) of section 47;(t) any other matter which is required to be or may be prescribed under this actlaying of rules4553 (1) every rule made by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule5(2) every rule made by the state government shall be laid, as soon as may be after it is made, before the state legislaturepower to remove difficulties54 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty:10provided that no order shall be made under this section after the expiry of two years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament statement of objects and reasonscitizen's charters were introduced in india in 1997, which was voluntary in characterthe main elements of the citizens charter were to be published containing the details of services and the time period for delivery of such services these charters gradually spread from central ministries and departments to states and their organisations however, a vast majority of them remained ineffective and dormant in order to improve public service delivery, a service excellence model called "sevottam" was initiated in 2005 to give a new thrust to the implementation of citizens charter, which has been successfully piloted in a few chosen organisations of the government of india and states and is being upscaled considerably centralised public grievance redress and monitoring system (cpgrams) was launched in 2007, which is a web based portal for lodging complaints by the public it is now operational in all the ministries and departments of government of india along with about 6000 of their subordinate organisations many states have also enacted right to public service delivery legislation in which a few important public services have been selected for service delivery it was felt that these efforts were noteworthy, but in the absence of an overarching structure, their impact was diffused and limited in this context, it was felt that rights based approach be followed in this respect by making the citizens charter statutory and endowing public with the right to get delivery of services within stipulated time lines2 in view of the aforesaid, it has been felt necessary to enact a comprehensive legislation, namely, the right of citizens for time bound delivery of goods and services and redressal of their grievances bill, 2011 the bill, inter alia,—(a) confers right on every individual citizen to time bound delivery of goods and provision for services and redressal of grievances;(b) require every public authority to publish, within six months of the commencement of the proposed legislation, a citizens charter specifying therein the category of goods supplied and services rendered by it, the time within which such goods shall be supplied or services be rendered the name and addresses of individuals responsible for the delivery of goods or rendering of services;(c) provide for obligation of the head of the department for updating and verifying the citizens charter;(d) require every public authority to establish information and facilitation centre for efficient and effective delivery of services and redressal of grievances, which may include establishment of customer care centre, call centre, help desk and people's support centre;(e) require every public authority to, within six months from the date of the coming into force of the proposed legislation, designate as many officers as may be necessary as grievance redress officers in all administrative units or offices at the central, state, district and sub-district levels, municipalities, panchayats whereat supplies of goods or render services to receive, enquire into and redress any complaints from citizens in the prescribed manner;(f) require the concerned grievance redress officer, upon receipt of a complaint, to ensure that the grievance is remedied in a timeframe not exceeding thirty days from the date of receipt of the complaint;(g) provides that any individual aggrieved by a decision of the concerned grievance redress officer or who has not received an action taken report in respect of a complaint filed by him, may, if he so desires, within thirty days from the expiry of such period or from the receipt of such decision, prefer an appeal to the designated authority who shall disposed of such appeal within thirty days from the date of receipt of such appeal;(h) provide for constitution of the state public grievance redressal commission and the central public grievance redressal commission consisting of chief commissioners and other commissioners;(i) any person aggrieved by the decision of the designated authority falling under the jurisdiction of the state government may prefer an appeal to the state public grievance redressal commission and any person aggrieved by the decision of the designated authority falling under the jurisdiction of the central government may prefer an appeal to the central public grievance redressal commission;(j) confer power upon the designated authority, the state public grievance redressal commission and the central public grievance redressal commission to impose a lump sum penalty, including compensation to the complainant, against designated official responsible for delivery of goods and services or grievance redress officer for their failure to deliver goods or render services to which the applicant is entitled, which may extend up to fifty thousand rupees which shall be recovered from the salary of the official against whom penalty has been imposed;(k) provides that on the imposition of the penalty, the appellate authority may, by order, direct that such portion of the penalty imposed under the proposed legislation shall be awarded to the appellant, as compensation, not exceeding the amount of penalty imposed, as it may deem fit;(l) provides that if any public servant is found guilty of offence, the disciplinary authority shall initiate the disciplinary proceedings against such officer of the public authority, who if proved to be guilty of a mala fide action in respect of any provision of this act, shall be liable to such punishment including a penalty as the disciplinary authority may decide;(m) provides that in any appeal proceedings, the burden of proof to establish that a non-redressal of complaint by the grievance redressal officer shall be on the grievance redress officer who denied the request;(n) provides that where it appears to the designated authority or the state public grievance redressal commission or the central public grievance redressal commission that the grievance complained of is prima facie indicative of a corrupt act or practice in terms of the prevention of corruption act, 1988, on the part of the responsible officer of the public authority complained against then it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authorities competent to take cognizance of such corrupt practice;(o) provides that any person aggrieved by the decision of the central public grievance redressal commission may prefer an appeal to the lokpal, and any person aggrieved by the decision of the state public grievance redressal commission may prefer an appeal to the lokayukta, constituted under the lokpal and lokayuktas act, 2011 3 the notes on clauses explain in detail the various provisions contained in the bill 4 the bill seeks to achieve the above objects new delhi;v narayanasamythe 16th december, 2011 notes on clausesclause 1— this clause provides for the short title, extent and commencement of the proposed legislation clasue 2— this clause provides for definitions of various expressions used in the proposed legislation, which, inter alia, include "action taken report", "appropriate government", "citizens charter", "days", "designated authority", "grievance redress officer", "head of department", "information and facilitation centre", "public authority" and "service", etcclause 3— this clause provides for right to service it provides that every individual citizen shall have the right to time bound delivery of goods and provision for services and redressal of grievancesclause 4— this clause provides for obligation of public authority to publish citizens charter it provides that every public authority shall publish, within six months of the commencement of the proposed legislation, a citizens charter specifying therein all the category of goods supplied and services rendered by it, the time within which such goods shall be supplied or services be renderedit further provides that without prejudice to the generality of the provisions contained in sub-section (1), the citizens charter shall provide all or any of—(a) all the details of goods supplied and services rendered by the public authority and the name of person or agency through which such goods are supplied or services rendered and timings during which such services are supplied or services rendered; (b) the conditions under which a person becomes entitled for goods or services, and the class of persons who are entitled to receive such goods and avail services; (c) the quantitative and tangible parameters (including weight, size, frequency) of the goods and services available to the public; (d) complaint redressal mechanism including the time within which the complaint be disposed of and the officer of the public authority to whom such complaint may be made; (e) the name and addresses of individuals responsible for the delivery of goods or rendering of services mentioned in (a) above; (f) any other functions, obligations, responsibility or duty of the public authority is required or reasonably expected to provide; (g) any other information relevant to delivery of goods or provision of services or such other information as may be prescribedit also provides that the appropriate government may, by notification, make rules in relation to citizens charter and grievance redressalclause 5— this clause provides that obligation of head of department for updating and verifying the citizens charter it provides that the head of department in each public authority shall be responsible for updating and verifying the citizens charter every year and the accuracy of the contents thereof and the responsibility of the head of the department of every public authority to ensure that the citizens charter is widely disseminated to the publicit further priovides that it shall be the responsibility of the head of department of every public authority to take steps in accordance with section 4 of the right to information act, 2005 for providing relevant information to the public enabling them to exercise their rights under the proposed legislationit also provides that every head of department shall ensure that all material be disseminated taking into consideration the local language and the most effective method of communication in that local area free of cost and every head of department shall to the extent possible, ensure that the citizens charter is made available at the website of the public authority and in other electronic forms and shall be available free of costit also provides that every head of department shall ensure that a copy of the citizens charter of the public authority duly certified by him is submitted to appropriate bodies, including appropriate central and state public grievance redress commission, when it is published and subsequently, every time that it is modified, updated or amendedclause 6— this clause provides for establishment of information and facilitation centre it provides that every public authority shall establish information and facilitation centre for efficient and effective delivery of services and redressal of grievances, which may include establishment of customer care centre, call centre, help desk and people's support centreit further provides that every head of department of the public authority shall be responsible for the development, improvement, modernisation and reform in service delivery and redressal of grievance system it shall also include adoption of electronic modes, internet, etc, and the appropriate government may, by notification, make rules in relation to information and facilitation centreclause 7— this clause provides for appointment and obligations of grievance redress officers, including for each municipalities and panchayat it provides that every public authority shall, within six months from the date of the coming into force of the proposed legislation, designate as many officers as may be necessary as grievance redress officers in all administrative units or offices at the central, state, district and sub-district levels, municipalities, panchayats whereat supplies of goods or render services to receive, enquire into and redress any complaints from citizens in the prescribed mannerit further provides that the grievance redress officer so appointed shall be at least one level above and be deemed to have administrative control on the individual designated to deliver goods or render services as per the citizens charter and every public authority shall, immediately on appointment or designation of a grievance redress officer, give a public notice in a newspaper published in hindi or english language and in a newspaper published in an indian language in circulation in the area in which such service provider is providing services, indicating therein the name of the grievance redress officer, his address and telephone number, e-mail address, facsimile number and other means of contacting him in respect of each area for which the grievance redress officer have been appointed or designated and thereafter give such public notice at least once in twelve months in the same manner and in case of change of the name of the grievance redress officer, his address and telephone number, e-mail address, facsimile number and other means of contacting him shall be intimated by public notice, in the same manner specified in this clause and display it at its each office, information and facilitation centre, call centre, customer care centre, help desk, people's support centre and at the sales outlets, website and at the office of the grievance redress officer and the appellate authority, the name of the grievance redress officer, their addresses and telephone numbers, e-mail addresses, facsimile numbers and other means of contacting them, in respect of each area for which the grievance redress officer have been appointed or designatedit also provides that every public authority shall appoint or designate such number of grievance redress officer for such areas, as it may be considered by it necessary, for being easily accessible and available for redressal of grievance of the public and the grievance redress officer shall provide all necessary assistance to citizens in filing complaints and where a complainant is unable to make a complaint in writing, the grievance redress officer shall render all reasonable assistance to the person making the request orally to reduce the same in writingclause 8— this clause provides for acknowledgment of complaint by receipt thereofit provides that all complaints shall, within two days of the making of the complaint, be acknowledged by a receipt, issued in writing or through electronic means or through text message or through telephone or through any other means as may be prescribed, specifying the date, time, place, unique complaint number and particulars of receiver of complaint along with the stipulated time-frame in accordance with its citizens charter within which the complaint will be redressedclause 9— this clause provides for action to be taken by grievance redress officerit provides that on receipt of a complaint, it shall be the duty of the concerned grievance redress officer to ensure,— (a) the grievance is remedied in a time frame not exceeding thirty days from the date of receipt of the complaint; (b) the reason for the occurrence of the grievance is identified and the responsibility of the defaulting office or individual is fixed and the grievance is redressed satisfactorily within thirty days from the date of receipt of the complaint by the grievance redress officer; (c) where the grievance has occurred as a result of a deficiency, negligence or malfeasance on the part of an office or individual that the action is taken in accordance with conduct rules and departmental procedures; (d) where the grievance redress officer is convinced that the individual responsible for the delivery of the goods and services has wilfully neglected to deliver the good or service or there exist prima facie grounds for a case under the prevention of corruption act 1988, the grievance redress officer can make an observation to that effect along with a recommendation for the penalty including compensation to the complainant to be imposed, to the designated authorityit further provides that the grievance redress officer may seek the assistance of any other officer required for the proper discharge of his duties or may direct any other officer to take action to redress a complaint and any officer, whose assistance has been sought under sub-section (2), shall render all assistance to the grievance redress officer seeking his assistance and for the purposes of any contravention of the provisions of the proposed legislation, such other officer shall be deemed to be a grievance redress officer for the purposes of the proposed legislation and the grievance redress officer shall ensure that the complainant is informed in writing the manner in which the grievance is redressed and shall give him a report in the form of an action taken reportclause 10— this clause provides for forwarding of details of non redressal of complaints to the head of department of the public authority it provides that the grievance redress officer shall, immediately after the expiry of the period of thirty days, report every complaint which has not been redressed along with the details of the complainant, nature of complaint, and reasons for non redressal of complaints to the designated authorityclause 11— this clause provides for appeal it provides that every complaint forwarded along with the details shall be deemed to have been filed by way of an appeal to designated authorityit further provides that any individual aggrieved by a decision of the concerned grievance redress officer or who has not received an action taken report in respect of a complaint filed by him, may, if he so desires, within thirty days from the expiry of such period or from the receipt of such decision, prefer an appeal to the designated authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time and the receipt of the appeal shall be acknowledged by the office of the designated authorityit also provides that the designated authority shall, for the purposes of its functions under the proposed legislation, have the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of—(a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribedit also provides that the designated authority shall have original jurisdiction to adjudicate upon every application made to it and the head of department of the public authority shall not be bound by the procedure laid down in the code of civil procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of the proposed legislation and of any rules made thereunder, the authority shall have the power to regulate its own procedureit also provides that every appeal filed or complaint deemed to by way of an appeal shall be disposed of by the designated authority within thirty days from the date of receipt of such appeal and an appeal of an urgent or immediate nature shall be disposed of within the same day of the receipt of the appeal or before the date on which the cause of action may cease to exist, which shall not be later than thirty days from the date of receipt of the appeal and the head of department of the public authority shall arrange to deliver copies of the decisions to the parties concerned within a period of five working days from the date of such decisionsit also provides that the designated authority may impose penalty including compensation to the complainant in deciding an appeal against concerned officer for acting in a mala fide manner or having failed to discharge their duties without any sufficient and reasonable cause and the concerned officers of the public authority shall be given a reasonable opportunity of being heard before any penalty is imposed on themclause 12— this clause provides for appeal to state commission it provides that any person who, does not receive a decision within the time specified in chapter v, or is aggrieved by a decision of the designated authority, falling within the jurisdiction of the state government, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to the state public grievance redressal commission and the commission may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time and the decision of the state public grievance redressal commission shall be bindingclause 13— this clause provides for constitution of state public grievance redressal commissionit provides that the state government shall constitute, by notification, a commission to be known as "the state public grievance redressal commission" to exercise the jurisdiction power, and authority conferred under the proposed legislationclause 14— this clause provides for composition of state commission it provides that the state public grievance redressal commission shall consist of,—(a) a chief commissioner; and (b) such number of commissioners, not exceeding ten, as may be prescribed, out of which atleast one each shall be from amongst scheduled castes, scheduled tribes and womenclause 15— this clause provides for selection committee for appointment of state commissioners it provides that the chief commissioner and commissioners shall be appointed by the governor on the recommendation of a selection committee consisting of—(a) the chief minister, who shall be the chairperson of the committee; (b) the leader of opposition in the legislative assembly; and (c) a sitting judge of the high court to be nominated by the chief justice of the stateit further provides that the selection committee shall select out of a panel of five eligible candidates for each vacancy which shall be finalised by a search committee consisting of such prescribed members and the selection committee may regulate its own procedureclause 16— this clause provides qualifications for appointment of state commissioners it provides that a person shall not be qualified for appointment as a chief commissioner or a commissioner of the state public grievance redressal commission unless— (a) he is, or has been an officer of the state government and has held the post in the rank of secretary or the principal secretary to that government; or (b) he is or has been a district judge for at least ten years; or (c) he is or has been a judge of the high court of the state; or (d) he is an eminent person recognised for his work towards public service in the area and who has worked for at least fifteen years in the social sector with a post graduate degree in a relevant subject; and the state government may prescribe criteria in addition to the above for the appointment of the chief commissioner and commissionersclause 17— this clause provides terms of office of chief commissioner and other commissioners it provides that the chief commissioner and the commissioners shall hold office for a term of five years from the date on which they enter upon office or until they attain the age of sixty-five years whichever is earlier and the chief commissioner and the commissioners shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointmentclause 18— this clause provides for staff, salary and allowances of state commissionit provides that the state government shall provide the state public grievance redressal commission with such officers and employees as may be required for the discharge of its functions under the proposed legislation it further provides that the officers and employees so appointed shall discharge their functions under the general superintendence of the chief commissioner and the salary and allowances payable to, and the other terms and conditions of service of, the chief commissioner shall be the same as that of an election commissioner; and the commissioners shall be the same as that of chief secretary of the state and neither the salary and allowances nor the other terms and conditions of service of the commissioners shall be varied to their disadvantage after appointmentclause 19— this clause provides for filling up of vacancies it provides that if, for any reason other than temporary absence, any vacancy occurs in the office of the state public grievance redressal commission then the chief commissioner shall appoint another person in accordance with the provisions of the proposed legislation to fill the vacancy and the proceedings may be continued before the commission from the stage at which the vacancy is filledclause 20— this clause provides for resignation and removal it provides that any member of the state public grievance redressal commission may, by notice in writing under his hand addressed to the governor of the state with a copy to the chief commissioner, resign his office and the governor may by order remove from office the chief commissioner or any commissioner if the chief commissioner or a commissioner, as the case may be—(a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the governor, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the governor, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the chief commissioner or as a commissionerit further provides that the state government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid chief commissioner or commissionersclause 21— this clause provides for powers of commission and procedure before itit provides that the state public grievance redressal commission shall, for the purposes of its functions under the proposed legislation, have the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribedit further provides that the state public grievance redressal commission shall not be bound by the procedure laid down in the code of civil procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of the proposed legislation and of any rules made thereunder, the commission shall have the power to regulate its own procedureclause 22— this clause provides for procedure of adjudication by state public grievance redressal commission it provides that the state public grievance redressal commission shall have original jurisdiction to decide every appeal made to it and the state public grievance redressal commission shall arrange to deliver copies of the decision to the parties concerned within a period of fifteen days from the date of such decisionclause 23— this clause provides that proceedings before commission to be judicial proceedings it provides that all proceedings before the state public grievance redressal commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code and the commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973clause 24— this clause provides for staff and officers to be public servants it provides that the staff and officers of the state public grievance redressal commission shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 25— this clause provides for time frame for disposal of appeals it provides that an appeal shall be disposed off within sixty days from the date of filing of the appeal and an appeal of an urgent or immediate in nature shall be disposed off within the same day of the receipt of the appeal or before the date on which the cause of action may cease to exist, which shall not be later than fifteen days from the date of receipt of the appeal and the state public grievance redressal commission may impose penalty including compensation to the complainant while deciding an appeal against designated officer and grievance redress officers for acting in a mala fide manner or having failed to discharge his duties without any sufficient and reasonable cause and the concerned officers of the public authority shall be given a reasonable opportunity of being heard before any penalty is imposed on themclause 26— this clause provides for power to issue directions and exercise original jurisdiction it provides that the state public grievance redressal commission shall, upon adjudication of a complaint, have the power to issue directions—(a) requiring the public authority to take such steps as may be necessary to secure compliance with the provisions of the citizens charter; (b) requiring the timely creation, updation and wide dissemination of the citizens charter of the public authorityit further provides that the state public grievance redressal commission to receive and inquire into a complaint from any person—(a) who has been unable to submit an appeal to the designated authority; (b) who has been refused redress of grievance under the proposed legislation; (c) whose complaint has not been disposed off within the time limit specified; (d) who has been denied access to the citizens charter of the public authority either because the charter was not created by the public authority or is inadequate in any regard or it is not widely disseminated to make people aware of it; (e) in respect of any other matter relating to registering and redressing of a complaint or appeal under the proposed legislationit also provides that the state public grievance redressal commission may, suo motu, take notice of failure to deliver goods and services in accordance with the provisions of the proposed legislation and refer such cases for disposal to the head of department of the public authority and in such cases, an action taken report shall be sent by the head of department of the public authority to the state commission within thirty days from the date of such reference and the state public grievance redressal commission, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry suo motu in respect thereofclause 27— this clause provides that burden of proof to be on grievance redressal officer it provides that in any appeal proceedings, the burden of proof to establish that a non redressal of complaint by the grievance redrssal officer shall be on the grievance redress officer who denied the requestclause 28— this clause provides for where grievance complained of is a result of corrupt practices it provides that if it appears to the commission that the grievance complained of is, prima facie, indicative of a corrupt act or practice in terms of the prevention of corruption act, 1988, on the part of the responsible officer of the public authority complained against, then, it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authoritiesclause 29— this clause provides for appeal to the central commission it provides that any person who, does not receive a decision within the time specified in chapter v, or is aggrieved by a decision of the designated authority falling within the jurisdiction of central government, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to the central public grievance redressal commission: and the commission may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time and the decision of the central public grievance redressal commission shall be bindingclause 30— this clause provides for constitution of central public grievance redressal commission it provides that the central government shall constitute, by notification, a body to be known as "central public grievance redressal commission" to exercise the jurisdiction, powers and authority conferred under the proposed legislationclause 31— this clause provides for composition of the central commission it provides that the central public grievance redressal commission shall consist of—(a) the chief public grievance redress commissioner; and (b) such number of central public grievance redress commissioners, not exceeding ten, as may be prescribed out of which at least one each shall be from amongst scheduled castes, scheduled tribes and womenclause 32— this clause provides for selection committee for appointment of the central public grievance redress commissioners it provides that the chief public grievance redress commissioner and central public grievance redress commissioners shall be appointed by the president on the recommendation of a committee consisting of—(a) the prime minister, who shall be the chairperson of the committee; (b) the leader of opposition in the lok sabha; and (c) a sitting judge of the supreme court to be nominated by the chief justice of india it also provides that the selection committee shall select out of a panel of five eligible candidates for each vacancy which shall be finalised by a search committee consisting of such prescribed member and the selection committee may regulate its own procedureclause 33— this clause provides for qualifications for appointment of central public grievance redress commissionersit provides that a person shall not be qualified for appointment as a chief commissioner or commissioners of central public grievance redress commissioner unless—(a) he is, or has been an officer of the central government and has held the post in the rank of secretary to the government of india; or (b) he is or has been a chief justice of a high court or a judge of the supreme court; (c) he is an eminent person recognised for his work towards public service in the area and who has worked for at least twenty years in the social sector with a post graduate degree in a relevant subject and the central government may prescribe criteria in addition to the above for the appointment of the chief commissioner and commissionersclause 34— this clause provides for terms of office of central grievance redress commissioners it provides that the chief public grievance redress commissioner and the central public grievance redress commissioners shall hold office for a term of five years from the date on which they enters upon the office and the chief grievance redress commissioner shall hold office for a term of five years from the date on which he enter upon his office and shall not be eligible for reappointmentclause 35— this clause provides for staff, salary and allowances of central commission it provides that the central government shall provide the central public grievance redressal commission with such officers and employees as may be required for the discharge of its functions under the proposed legislationit further provides that the officers and employees so appointed shall discharge their functions under the general superintendence of the chief public grievance redress commissioner and the salary and allowances payable to and the other terms and conditions of service of the the chief public grievance redress commissioner shall be the same as that of the chief election commissioner; and the central public grievance redress commissioner shall be the same as that of an election commissioner and neither the salary and allowances nor the other terms and conditions of service of the members of the central public grievance redressal commission shall be varied to their disadvantage after appointmentclause 36— this clause provides for filling up of vacancies it provides that if, for any reason other than temporary absence, any vacancy occurs in the office of the central public grievance redressal commission then the chief public grievance redress commissioner shall appoint another person in accordance with the provisions of the proposed legislation to fill the vacancy and the proceedings may be continued before the commission from the stage at which the vacancy is filledclause 37— this clause provides for resignation and removal it provides that any member of the central public grievance redressal commission may, by notice in writing under his hand addressed to the president with a copy to the chief public grievance redress commissioner, resign his officeit further provides that the president may by order remove from office the chief public grievance redress commissioner or any central public grievance redress commissioner if the chief public grievance redress commissioner or the central public grievance redress commissioner, as the case may be,—(a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the president, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the chief public grievance redress commissioner or a central public grievance redress commissionerit also provides that the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid chief public grievance redress commissioner or central public grievance redress commissionersclause 38— this clause provides for powers of central commission and procedure before it it provides that the central public grievance redressal commission shall, for the purposes of its functions under the proposed legislation, have the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of—(a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribedit further provides that the central public grievance redressal commission shall have original jurisdiction to adjudicate upon every application made to it and the central public grievance redressal commission shall not be bound by the procedure laid down in the code of civil procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of the proposed legislation and of any rules made thereunder, the commission shall have the power to regulate its own procedure and the central public grievance redressal commission shall arrange to deliver copies of the decision to the parties concerned within a period of fifteen days from the date of such decisionclause 39— this clause provides for proceedings before central commission to be judicial proceedings it provides that all proceedings before the central public grievance redressal commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code and the commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973clause 40— this clause provides that burden of proof to be on grievance redressal officer it provides that in any appeal, proceedings, the burden of proof to establish that a non redressal of complaint by the grievance redressal officer shall be on the grievance redress officer who denied the requestclause 41— this clause provides that staff and officers to be public servants it provides that the staff and officers of the central public grievance redressal commission shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 42— this clause provides for time frame for disposal of appeals it provides that an appeal shall be disposed of within sixty days from the date of filing of the appeal and an appeal of an urgent or immediate in nature shall be disposed of within the same day of the receipt of the appeal or before the date on which the cause of action may cease to exist, which shall not be later than fifteen days from the date of receipt of the appealit further provides that the central public grievance redressal commission may impose penalty including compeansation to the complainant in deciding an appeal against designated officer and grievance redress officers for acting in a mala-fide manner or having failed to discharge their duties without any sufficient and reasonable cause and the concerned officers of the public authority shall be given a reasonable opportunity of being heard before any penalty is imposed on themclause 43— this clause provides for power to issue directions and exercise original jurisdiction it provides that the central public grievance redressal commission shall, upon adjudication of a complaint, have the power to issue directions— (a) requiring the public authority to take such steps as may be necessary to secure compliance with the provisions of the citizens charter; (b) requiring the timely creation, updation and wide dissemination of the citizens charter of the public authorityit further provides that it shall be the duty of the central public grievance redressal commission to receive and inquire into a complaint from any person— (a) who has been unable to submit an appeal to the designated authority; (b) who has been refused redress of grievance under the proposed legislation (c) whose complaint has not been disposed of within the time limit specified; (d) who has been denied access to the citizens charter of the public authority either because the charter was not created by the public authority or is inadequate in any regard or it is not widely disseminated to make people aware of it;(e) in respect of any other matter relating to registering and redressing of a complaint or appeal under the proposed legislation it also provides that the central public grievance redressal commission may, suo motu, take notice of failure to deliver goods and services in accordance with the provisions of the proposed legislation and refer such cases for disposal to the head of department of the public authority and in such cases, an action taken report shall be sent by the head of department of the public authority to the central commission within thirty days from the date of such reference and if the central public grievance redressal commission, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry suo motu in respect thereofclause 44— this clause provides for where grievance complained of is a result of corrupt practices it provides that where it appears to the central public grievance redressal commission that the grievance complained of is prima facie indicative of a corrupt act or practice in terms of the prevention of corruption act 1988, on the part of the responsible officer of the public authority complained against then it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authoritiesclause 45— this clause provides for penalty and compensation for mala-fide actionit provides that the designated authority, the state public grievance redressal commission or the central public grievance redressal commission, as the case may be, may impose a lump-sum penalty against designated official responsible for delivery of goods and services or grievance redress officer for their failure to deliver goods or render services to which the applicant is entitled, which may extend up to fifty thousand rupees which shall be recovered from the salary of the official against whom penalty has been imposedit further provides that on imposition of the penalty, the appellate authority may, by order, direct that such portion of the penalty imposed under the said section shall be awarded to the appellant, as compensation, as it may deem fitit also provides that the amount of such compensation awarded shall not exceed the amount of penalty imposed under the said clauseit also provides that if any public servant is found guilty under sub-section (1), the disciplinary authority shall initiate the disciplinary proceedings against such officer of the public authority, who if proved to be guilty of a mala fide action in respect of any provision of the proposed legislation, shall be liable to such punishment including a penalty as the disciplinary authority may decideclause 46— this clause provides for reporting requirements it provides that every public authority shall ensure that every grievance redress officer keeps a record of complaints made to it or appeal therein and the decisions on such complaints and appealsit further provides that every public authority shall publish on its website, by the 15th day of every month or at such shorter intervals, as may be prescribed, a report mentioning therein— (a) the number of complaints received; (b) number of complaints pending; (c) number of complaints disposed of; and (d) such other particulars, as may be prescribed, for discharge of its functions under the proposed legislationclause 47— the clause provides the appeal against decision of state commission or central commission it provides that any person aggrieved by the decision of central public grievance redressal commission may file appeal to lokpal and against the decision of state public grievance redressal commission may file appeal to lokayukta within the prescribed time and mannerclause 48— this clause provides for bar of jurisdiction of court it provides that no civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under the proposed legislation required to be settled, decided or dealt with or to be determined by the grievance redress officer or the designated authority or the state public grievance redressal commission or the central public grievance redressal commissionclause 49— this clause provides that enforcement of orders by the state public grievance redressal commission or the central public grievance redressal commission it provides that every order made by the state public grievance redressal commission or the central public grievance redressal commission may be enforced by the state public grievance redressal commission or the central public grievance redressal commission, as the case may be, in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the state public grievance redressal commission or the central public grievance redressal commission, as the case may be, to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction—(a) in the case of a public authority not falling under clauses (b) and (c), the place at which the main office of such public authority is situated; or (b) in the case of an order against a public authority being a company, the registered office of the company is situated; or (c) in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain is situated, and thereupon, the court to which the order is so sent, shall execute the orders as if it were a decree or order sent to it for executionclause 50— this clause provides for protection for act done in good faith it provides that no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under the proposed legislation or any rule made thereunderclause 51— this clause provides that provisions to be in addition to existing lawsit provides that the provisions of the proposed legislation shall be in addition to and not in derogation of, any other law for the time being in forceclause 52— this clause provides for power to make rules it provides that the appropriate government may, by notification, make rules for carrying out the provisions of the proposed legislation it further specifies the matters in respect of which such rules may be madeclause 53— this clause provides for laying of rules it provides that every rule made by the central government shall be laid, as soon as may be after it is made, before each house of parliament and every rule made by the state government shall be laid, as soon as may be after it is made, before the state legislatureclause 54— this clause provides for power to remove difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of the proposed legislation as may appear to be necessary for removing the difficulty and no order shall be made under this section after the expiry of two years from the commencement of the proposed legislation and every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament financial memorandumsub-clause (1) of clause 6 of the bill requires every public authority to establish an information and facilitation centre and sub-clause (2), thereof requires every head of department of the public authority to develop, improve, modernize and reform the service delivery and grievance redress system, including adoption of electronic modes, internet, etc2 clause 30 of the bill provides for the establishment of an institution to be called the'central public grievance redressal commission' to exercise the jurisdiction, powers and authority as may be conferred by the act3 sub-clause (a) of clause 31 provide that the central public grievance redressal commission shall consisting of the chief public grievance redressal commissioner and such number of central public grievance redress commissioners, not exceeding ten, as may be prescribed, sub-clause (3) of clause 35 of the bill providing that the salary and allowances payable to and other terms and conditions of service of the chief public grievance redress commissioner shall be the same as that of the chief election commissioner, and that of central public grievance redress commissioners shall be the same as that of an election commissioner4 sub-clause (1) of clause 35 of the said bill provides for appointment of other officers and employees as required for the discharge of the functions of the central public grievance redress commission5 at this stage, it is not possible to give precise details or estimates of the expenditure to be incurred either by the central public grievance redressal commission it is however, expected that the bill, if enacted and brought into operation, would involve a non-plan and plan expenditure of about eleven crore of rupees for 2012-136 the expenses of the central public grievance redressal commission including the salaries, allowances, and pensions payable to or in respect of the chief public grievance commissioner, other commissioners and other officers or staff of the central public grievance redressal commission, shall be borne from the consolidated fund of india, and any fees and other moneys taken by the central public grievance redressal commission shall form part of the fund memorandum regarding delegated legislationclaude 51 of the bill empowers the appropriate government to make rules for carrying out the provisions of the proposed legislation sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) other information under item (g) of sub-clause (2) of clause 4; (b) matters in relation to citizens charter under sub-clause (3) of clause 4; (c) matter in relation to the information and facilitation centre, under sub-clause (3) of clause 6; (d) the manner of inquiry into and redressal of grievance of the complaints received from citizens under sub-clause (1) of clause 7; (e) the other means by which complaints may be made under clause 8; (f) the other matters for which the head of department of public authority shall have power under item (g) of sub-clause (3) of clause 11; (g) the number of commissioners of the state public grievance redressal commission under item (b) of clause 15; (h) the members of the search committee under sub-clause (2) of clause 15; (i) additional critaria in relation to selection of chief commissioner and the commissioners of the state public grievance redressal commission under proviso to clause 16; (j) the salary and allowances payable to, and the terms and conditions of the services of the chief commissioners and other commissioners of the state public grievance redressal commission under sub-clause (3) of clause 18; (k) the procedure of investigation of misbehaviour or incapicity for removal of the chief commissioners and other commissioners of, the state public grievance redressal commission under sub-clause (3) of clause 20; (l) the other matters for which the state public grievance redressal commission shall have power under item (g) of sub-clause (1) of clause 21; (m) the number of commissioners of the central public grievance redressal commission under item (b) of clause 31; (n) the members of the search committee under sub-clause (2) of clause 32; (o) additional critaria in relation to selection of chief commissioner and the commissioners of the the central public grievance redressal commission under proviso to clause 33; (p) the salary and allowances payable to, and the terms and conditions of the services of the chief commissioners and other commissioners of the central public grievance redressal commission under sub-clause (3) of clause 35; (q) the procedure of investigation of misbehaviour or incapicity for removal of the chief commissioners and other commissioners of, the state public grievance redressal commission under subclause (3) of clause 37; (r) the other matters for which the state public grievance redressal commission shall have power under item (g) of sub-clause (1) of clause 38; (s) the time with in which the record of complaints to the public authority and the decisions on the complaints and appeals shall be published on the website and other particulars under sub-clause (2) of clause 46; (t) any other matter which is required to be or may be prescribed under the proposed legislation2 clause 52 of the bill requires that every rule made by the central government shall be laid before each house of parliament and every rule made by the state government shall be laid before the state legislature, as soon as may be after it is made 3 the matters in respect of which rules may be made are matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto lay down an obligation upon every public authority to publish citizens charter statingtherein the time within which specified goods shall be supplied and services be rendered and provide for a grievance redressal mechanism for non-compliance of citizens charter and for matters connected therewith or incidental thereto———— the right of citizens for time bound delivery of goods and services and redressal of their grievances bill, 2011 [to be/as introduced in lok sabha]1 page (i), in the arrangement of clauses, in clause 5,- "head of department" for read "head of the department" 2 page (i), in the arrangement of clauses, in clause 7,- "municipalities" for "municipality" read3 page (i), in the arrangement of clauses, in clause 10,- for "to the designated" "to designated" read 4 page (i), in the arrangement of clauses, for the heading below chapter vi,- for "appeal the designated authority" "appeal to the designated authority" read5 page 2, line 22,- "section 13" for read "section 15" 6 page 2, line 37,- "redressal officer" for "redress officer" read 7 page 3, line 16,- "supply goods or render" for read "supplies goods or renders" 8 page 3, line 39,- "such services are supplied" for read "such goods are supplied" 9 page 4, line 5,- "services mentioned" for read "services as designated officer mentioned" 10 page 4, in the marginal heading against clause 5,- for "head of the department for updating and verifying the citizens charter " read "head of department for updating and verifying citizens charter" 11 page 4, line 42,- "system it shall" for read "system and" 12 page 5, in the marginal heading against clause 7,- for "municipalities" read "municipality" 13 page 5, line 10,- "defined" for read "referred to" 14 page 5, line 18,- "have been" for read "has been" 15 page 5, line 26,- "authority," for read "authorities," 16 page 6, in the marginal heading against clause10,- "to the" for read "to" 17 page 7, line 14,- "deemed to by" for read "deemed to be by" 18 page 7, line 22,- "compansation" for "compensation" read19 page 7, line 29,- "of the the public" for read "of the public" 20 page 8, line 12,- "scheduled castes" for read "the scheduled castes" 21 page 10, in the marginal heading against clause 21,- "power" for read "powers" 22 page 10, in the marginal citation against clause 23,- "1861" for read "1860" 23 page 10 line 39,- "his duties" for read "their duties" 24 page 11, line 22,- "redressal officer" for read "redress officer" 25 page 11, in the marginal heading against clause 27,- "redressal" for "redress" read26 page 12, line 19,- "redress commissioner" for read "redressal commission" 27 page 12, line 22,- ", in the rank" omit 28 page 14, line 9,- "application" for read "appeal" 29 page 14, line 22,- "redressal officer" for read "redress officer" 30 page 14, in the marginal heading against clause 40,- "redressal" for read "redress" 31 page 15, line 43,- "redressal officer" for read "redress officer" 32 page 16, line 11,- "commission may" for read "commission, which contains the findings relating to 49 of 1988 corruption under the prevention of corruption act, 1988, may" 33 page 16, line 14,- "commission may" for read "commission, which contains the findings relating to 49 of 1988 corruption under the prevention of corruption act, 1988, may" 34 page 16, line 20,- "redressal officer" for read "redress officer" 35 page 16, in the marginal heading against clause 50,- "act" for read "acts" 36 page 17, line 7,- "matter" for read "matters" 37 page 17, line 39,- "in which appeal" for read "in which an appeal" 38 page 19, para (2), sub-para (b), line 1,- "require" for read "requires" 39 page 19, para (2), sub-para (c), line 1,- "provide" for read "provides" 40 page 19, para (2), sub-para (d), line 1,- "require" for read "requires" 41 page 19, para (2), sub-para (e), line 1,- "require" for "requires" read42 page 19, para (2), sub-para (f), line 1,- "require" for read "requires" 43 page 19, para (2), sub-para (g), line 2 from the bottom,- "disposed" for read "dispose" 44 page 20, sub-para (h), line 1,- "provide" for read "provides" 45 page 20, sub-para (j), line 1,- "confer" for read "confers" 46 page 21, line 21,- "services" for read "goods" 47 page 21, line 27,- "services" for read "services, as designated officer" 48 page 22, line 3,- "redress" for read "redressal" 49 page 22, line 29,- "facsimile" for "fascimile" read50 page 22, line 30,- "have been" for read "has been" 51 page 22, line 33,- "facsimile" for read "fascimile" 52 page 22, line 40,- "have been" for read "has been" 53 page 23 line 31,- "to designated" for read "to the designated" 54 page 26, line 16,- "disposed off" for read "disposed of" 55 page 26, line 17,- "disposed off" for read "disposed of" 56 page 26, line 22,- "his duties" for read "their duties" 57 page 26, line 35,- "disposed off" for "disposed of" read58 page 30, line 22,- "the clause provides the" for read "this clause provides for" 59 page 30, line 23,- "of central" for read "of the central" 60 page 31, line 5 from the bottom,- "for appear to" for read "appear to it to" 61 page 32, line 4,- "modernize" for read "modernise" 62 page 32, line 9,- "provide" for read "provides" 63 page 33, line 2,- "claude 51" for read "clause 52" 64 page 33, line 10,- "head of department of public" for read "designated" 65 page 33, line 11,- "sub-clause (3)" for "sub-clause (4)" read66 page 33, line 12,- "clause 15" for read "clause 14" 67 page 33, line 13,- "critaria" for read "criteria" 68 page 33, line 15,- omit "(j) the salary and allowances payable to, and the" lines 16 and 17,- 69 page 33, omit 70 page 33, line 18,- "the procedure" for read "(j) the procedure" 71 page 33, line 18,- "incapicity" for read "incapacity" 72 page 33, line 20,- "(l)" for read "(k)" 73 page 33, line 22,- "(m)" for read "(l)" 74 page 33, line 23,- "(n)" for read "(m)" 75 page 33, line 24,- "(o) additional critaria" for read "(n) additional criteria" 76 page 33, line 26,- omit "(p) the salary and allowances payable to, and the terms and conditions" lines 27 and 28,- 77 page 33, omit 78 page 33, line 29,- "investigation of" for read "(o) the procedure of investigation of" 79 page 33, line 29,- "incapicity" for read "incapacity" 80 page 33, line 31,- "(r)" for read "(p)" 81 page 33, lines 32 and 33,- "(s) the time with in" for read "(q) the time within" 82 page 33, line 35,- "(t)" for "(r)" read83 page 33, line 37,- "clause 52" for read "clause 53" new delhi; december 19, 2011 agrahayana 28, 1933 (saka)

Parliament_bills

f5fb5196-c644-5114-a868-5933f571e8e2

10k sabhacor':igentiumto| the | petroieuh | pipelines | (acquisition | of ||------------|-------------|--------------------|----------------|-----------|| in | land) | ame:nl)ment 'bill, | | || 1977 | | | | || [-to | be/as | introduced | in | 10k sabha || 7 | | | | || page | | | | || 5, | | | | || line | | | | || 8,- | | | | || for | | | | || "kud | | | | || r emugh" | re ad | "kudrernukh | | || ii | | | | || new delhio | | | | || ~ | | | | || marc'h | | | | || 31, | | | | || 197t | | | | || chai tra | 10, | 1 | | || 99 | | | | || (saka) | | | | | bill no, 13 of 1977 the petroleuai pipelines (acquisition of right of user in land) amendment bill, 1977 billtc amend the pet1'oleum pipelines (acqui3£tion of 'right of user in lane!) act, !962 b! it enacted by parliament in the twenty-eighth year of the republico! india as fallows:-1 (1) this act may be called the petroleum pi~lines (acquisition short of right of user in laad) amendment act, 1977 title and commence-s (2) it rball be 'deemed to have come into' force on the 3rrl day of ment february, 1977 amendment of ]ongtitle '2 'in the petroleum pip~lines (acquisition of rtghtof uaer in land) ii' of 1862 act, 1962 (hereinafter referred' to as' the prinrlpal act), in the long title, for the words "for laying petroleum pipelines", the words "for lay-10 ing pipelines for the transport of petroleum and minerals" shall be substituted 3 in section 1 of the prinetpal act, in sub-lection (l), for the werds amend-"petroleum pipelines", the words "petroleum aj'ld minerals pipelines" ment ot shall be substituted section 1 15 4 in section 2 of the principal act,-amendment of !lection 2 (i) in clause (a), the following words shall be inserted at the end, namely:-"ad cmrt1'!ejlt' pel'\l8lli0l' >8utlaldrhi'es may 'authorised to per £0 au 01' - , , the flmctiollf of the ~t autllority under ~o this act in the same area of d--nt rpeeided ' the! qotift (ii) after clause (b), the following clause shall be inserted, namely:-( 35 of 19f)2 i-' ~(6aj "minerals" have the meanings assigned to thf"l1l in the mines act, 1952, and include mineral oils and stowing sand but do not include petroleum;' s 5 in section 3 of the principal act, in subo4!lectioni (1), after the words "transport of petroleum", the words "or any mineral" shall be inserted amend-dlent of section 3 6 in section 4 of the principal act, after the words "for transporting petroleum", the words "or any mineral" shan be inserted amendment of section 4 10 1 in section 6 of the principal act,-amendment of section 6 (i) in sub-section (1) ,-(a) for the words "submit a report accordingly to the central government", the words, brackets and figures "either make a report in respect of the land described in the notification under lub-section (1) of section 3, or make different reports in respect is of different parcels of such land, to the central government containing his recommendations on the objections together with the record of the proceedings held by· him, for the decision of that government" shall be substituted; (b) after the words "the central government shall", the 20 worda, "if satisfied that such land is required for laying any pipeline for the transport of petroleum or any mineral," shall be inserted; (e) the words, brackets and figures "and different declarations may be made from time to time in respect of different par- 25 eels of the land described in the notification issued under subsection (1) of section 3, irrespective of whether one report or different reports have been made by the competent authority under this section" shall be inserted at the end; (ii) in sub-section (2) for the words 'iin the land", the words "in 30 the land specified therein" shall be substituted; (iii) in sub-section (3) for the words uno declaration under this section has been published", the words uno declaration in respect of any parcel of land covered by that notification has been published under this section" shall be substituted: 3s (iv) after sub-section (3) , the following sub-section shall be inserted, namely:-it (3a) no declaration in respect of any land covered by a notification issued under sub-section (1) of section 3 published' after the commencement of the petroleum pipelines (acquisition 40-of right of user in land) amendment act, 1977, shan be madp after the expiry of ~hree years from the date of such publication" m in section 7 of the principal act, in sub-section (1),-(i) in clause (i), the word "and" at the end shall be omitted; amendment of section 7 (ii) after clause (i), the following clause shall be inserted, namely:-10 ii (ia) for laying pipelines for the transport of petroleum, it shall be lawful for any person authorised by the central govern· ment or such state government or corporation to use such land for laying pipelines for transporting any mineral and where the right of user in any land has so· vested for laying pipelines tor transporting ony mineral, it shall be· lawful for such person to use such land for laying pipelines for transporting petroleum or any other mineral; and" i in section 9 (if the principal act, after sub-section (2), the following amendsub-section shall be inserted, namely:-ment of section 9 is u (3) where the owner or occupier of the land wiul respect to which a declaration has been made under sub-section (1) of section 6,-(a) constructs any building or any other structure, or (b) constructs or excavates any well, tank, reservoir or dam, ~o or (c) plants any tree, on that land, the court of the district judge within the local limits of whose jurisdiction such land is situate may, on an application~e to it by the competent authority and after holding such inquiry as it 25 may deem fit, cause the building, structure, reservoir, dam or tree to be removed or the well or tank to be fuled up, and the costs of sueh removal or filling up shall be recoverable from such owner· or occupier in the same manner as if the order for the recovery of ,such costs were a decree made by that court" , : it in section 17 of the principal act,-amendment of section 17 (i) in bub-section (1), for the word "purposes"; the word "provisions" shall be substituted; 35 (ii) in sub-section (3), for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid", the wotds "before the expiry of the session immediately following the session or the successive sessions aforesaid" ;thall:be substituted 11 (1) the petroleum pipelines (acquisition of right of user in land) amendment ordinance, 1977 is hereby repealed 2 of 1977 repeal and saving (2) notwithstanding such repeal, anything done or any action taken 40 under the principal act, as amended by the 'said ordinance, shall be deemed to have been done or taken under the principal act as amended by this act the petroleum pipelines (acquis,it30n of rig,tatof user in lanel) act, 1962, was enacted to empower the ce~tr81 government to acquire the right of user in any land if ~t appears to· that government that it is necessary; in the public interest, to lay pipelines under such land for the transport of petroleum (which is defined to include natural gas and refinery gas) from one locality to another when the legislation was enacted, petroleum (in<:luding natural gas and refinery gas) was the only commodity for which transportation through pipelines was contemplated technological advance has since made it possible to transport in bulk, minerals (besides petroleum) through pipelines it is therefore preposed to amend the act to enable the acquisition of the right of user in land also for laying pipelines for the transport of minerals (besides petroleum) from one place to another 2 the act provides for punishment for the construction or excavation of any buildirg or other structure, tank, well, reservoir or dam or for planting of any tree on any land, the right of user in relation to which has been acqu!red under the act, but does not provide for the removal of such building, structure etc from the land accordingly the bill seeks to empo,:,,:er the court of the district judge, within the local limits of whose jurisdiction such land is situated, to cause the building, structure, reservoir, dam or tree to be removed or the well or tank to ~ ftled up 3 the ,bill also seek$ to empower the competent authority to make· diftetent reportsand ·further seeks to empower the central government to make ditlerent declarations acquiring the right of user in respect of difterent parcels of land 4 opportunity has been taken to empower the central government (a) to authorise differen~ persons,to pelform au or bdy fudctiods ot the competent authority in the same area or in cufferent areas, and (b) to modify the,rule laying:fonnllla cortained in bubo-section (3)' of 'section 17 with a view to bringing it into accord with ·the recommendation of the committee on subordinate· ~lation niiw· diliu; biju patnaik; the 3d&h mmch, 1977' section 3 of the petroleum pipelines (acquisition of riaht of user in lenw) act, 1962, as it now stands, provides for the ac:q,uisition d the rigjlt of user in land for the transportation of petroleum, from one place to aoother the act is proposed to be amended by the biuto ·provide for the acquisition of the right of user in land for the transportation of minerals also for the present, the right of user in land is proposed to be exercised for the transport of minerals produced by the kudre1uu~ iron ore company ltd whenever there is any such proposal to acquire the right of user in land for the benefit of any state government or corpot:ation, an order will be mad'~ under sub-!?ecti'jn (4) of section 6 for thai< vesting of the rij'ht of such user in the state government otthe corpor · tion concerned; and on the issue of such order, the compensation payable for such acquisition will be payable by that state ,governmentl or the corporation, as the case may be there will, therefore, be no net outgo from the consolidated fund' of india 2 the act also provides for the appointment by the centl'al government of a competent authority to hear objections against the proposal for the acquisition of right of user in land and for the detf!rmination of any compensation or damages payable in pursuance of the provisions of the act sub-clause (0 of clause 4 of the bill seeks to empower the central government to appoint more than one competent authorities the expenditure on the competent authority and its staff in a financial year is like]y to be of the order of rupees one lakh there will be no other recurring or non-recurring expenditure from the consolidated fund of india if the 8ill is enacted and brought into force as a result of the amendment sought to be made in section 3 of the petroleum pipelines (acquisition of right of user in land) act, 1982, by clause 5 of the bill, read with the existing provisions in sf!ctions 11 and 17 of the act, it would be permissible for the central government to make rules to provide for places at which, and the manner in which, the substance of the notification declaring its intention to acquire the right of user in any land for laying pipelines for the transport of minerals may be published under sub-section (3) of section 3 and the time within which and the manner in which the amount of compensation may may be deposited for such acquisition under sub-section (1) of section 11 these are matters of detail necessary for the effective administration of the provisions of the act and it is hardly practicable to provide for them in the bill itself 2 clause 10 of the bill, besides making an amendment of a verbal nature in sub-section (1) of section 17 of the act, seeks to amend subsection (3) of that section to bring the rule laying formula into accord witli the recommendation of the committee on subordinate legislation 3 the delegation of the legislative power is, therefore, of a normal character extracts from '11f! petroleum pipelines (acquismon of right of user in land) act, 1962 (50 of 1962)an act to provide for the acquisition of right of user in land 10r taying petroleum pipelines and for matters connected therewith - - - - - 1 (1) this act may be called the petroleum pipelines (acquisition of right of user in land) act, 1962 - - - - - short title, extent and application defini_ tions publication of notl1lcation for acquisition power to enter, survey, etc 2 in this act, unless the context otherwise requires,-(a) "competent authority" means any person or authority authorised 'by the central government, by notification in the official gazette, to perform the functions of the competent authority under this act: - - - - - 3 (1) whenever it appears to the central government that it is necessary in the public interest that for the transport of petroleum from one locality to another locality pipelines may be laid by that government or by any state government or a corporation and that for the purpose of laying such pi'pelines it is necessary to acquire the right of user in any land under which such pipelines may be laid, it may, by notification in the official gazette, declare its intention to acquire the right of user therein - - - - - 4 on the issue of a notification under sub-section (1) of section 3 it shall be lawful for any person authorised by the central government or by the state government or the corporation which pro}lllses to lay pipelines for transporting petroleum, and his servants and workmen-(a) to enter upon and survey and take levels of any land specified in the notification; (b) to dig or bore into the sub-soil; (c) to set out the intended line of work; (d) to mark such levels, boundaries and line by placing marks and cutting trenches; '(e) where otherwise suryey cannot be completed and levels taken and the boundaries and line mal'ked, to cut down and clear away any part of any standing crop, fence or jungle; and gf) to do all other a('ts necessary to ascertain whl'ther pipelines can be laid under the land: provided that while exercising any power under this section, such person or any servant or wokman of such person shall cause as little damage or injury as possible to such land - - - - declaration of acquisition of right of iiser 6 (1) where 110 objections under sub-section (1) of section 5 have been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under subsection (2) 01 that section, that authority shall, as soon as may be, submit a report accordingly to the central government and upon receipt of such report the central government shall declare, by notification in the official gazette, that the right of user in the land for laying the pipelines should be acquired (2) on the publication of the declaration under sub-section (1), the right of user in the land shall vesft absolutely in the central government free from all encumbrances (3) where in respect of any land, a notification has been issued under sub-section (1) of section 3 but no declaration under this section has been published within a period of one year from tbe date of that notification, that notification shall cease to have effect on the expiration of that period - - - 7 (1) where the right of user in any iann bas vested in the central government or in any state government or corporation under section 6-- - - - - central government or state govtp"llmentor corpgl'ation to lay pipelines power to make rules 17 (1) the cetltral government may, by notification 'in the omclal gazette, make rules for carrying out the purposes 'of this act - - - (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 succe~ive sessions, and it before the expiry of the session in which it is so laid or the successive se~sions aforesaid, both houses agree in makin'g any modification in the rule or both 'houses agree that the rule should not be made, the rule sballtherea1ter' have' effect onlv in such modified form or be of no effect, as the case may ~, so howeve~ that any such modification or annulment shall' be without prejudice to the validity of anything previouljly done under that rule - a billto amend the petroleum pipelines (acquisition of right of user in land) act, 1962 (shri bitu pcltmik, minuter 0/ steel and mine~)

Parliament_bills

187a1d25-ce1b-53a3-a7bc-e1f2260f027e

bill no 262 of 2017 the reorganization of time zones bill, 2017 byshri gaurav gogoi , mp a billto establish and demarcate two different time zones to provide for more systematic, inclusive and progressive governance and administration of the country and for matters connected therewithbe it enacted by the parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the reorganization of time zones act, 2017short title and commencement 5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "eastern indian standard time" refers to the time zone to be adhered to by the states of arunachal pradesh, nagaland, manipur, mizoram, tripura, assam, meghalaya, sikkim, west bengal, jharkhand, chhattisgarh, odisha and bihar and the union territory of andaman and nicobar islands;(b) "time zone" refers to a range of longitudes where a uniform standard timeis used for commercial, social and legal purposes;(c) "universal time coordinated" means coordinated universal time used as the primary time standard by the world to regulate clocks and time; 5(d) "western indian standard time" refers to the time zone to be adhered to by the states of gujarat, rajasthan, goa and maharashtra, madhya pradesh, uttar pradesh, andhra pradesh, telangana, tamil nadu, kerala, karnataka, new delhi, haryana, punjab, uttarakhand, himachal pradesh and jammu and kashmir and the union territories of puducherry, dadra and nagar haveli, daman and diu and lakshadweep3 the central government shall, by notification in the official gazette, establish a separate time zone for the states of,—demarcation of time zones by the central government10(a) arunachal pradesh, nagaland, manipur, mizoram, tripura, assam, meghalaya, sikkim, west bengal, jharkhand, chhattisgarh, odisha and bihar and the union territory of andaman and nicobar islands at universal time coordinated + 630 which shall, for all purposes, be referred to as the eastern indian standard time; and1520(b) gujarat, rajasthan, goa and maharashtra, madhya pradesh, uttar pradesh, andhra pradesh, telangana, tamil nadu, kerala, karnataka, new delhi, haryana, punjab, uttarakhand, himachal pradesh and jammu and kashmir and the union territories of dadra and nagar haveli, daman and diu and lakshadweep and puducherry at universal time coordinated + 530 which shall, for all purposes, be referred to as the western indian standard time4 (1) notwithstanding anything contained in any other law for the time being in force, the national physical laboratory shall, in consultation with state government concerned, implement and administer the time zones as referred to section 3 in all areas connected therewithnational physical laboratory to administer and implement time zones25(2) the national physical laboratory shall be responsible for the following, but not restricted to,—(a) the realization, establishment, maintenance and dissemination of the eastern indian standard time and the western indian standard time as notified;30(b) creation and maintenance of a time zone database to disseminate information related to the functioning of the time zone;(c) publishing information of the database on its website to enable public access;(d) creation of a time zone map that is accurate, to be used for further reference;and35(e) maintenance of time and frequency measurements with respect to each timezone which shall include upgradation of the same when necessary5 the central government shall, in anticipation of initial logistical hurdles with respect to the inter-state functioning of the railways, by notification in the official gazette, constitute an authority to specifically overcome the difficulties arising during the bifurcation of two time zones and deal with all matters connected therewithcentral government to constitute an authority for inter-state functioning of railways40power to remove difficulties6 (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 it appears to be necessary or expedient for removing the difficulty:45provided that no such order shall be made after expiry of one year from the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsindia stretches from 974 east in arunachal to 68 east in gujarat a difference of almost30 degrees of longitude— that translates essentially into a time difference of two hours globally, across all the larger nations, all but china use multiple time zones for increased efficiency and productivity and easier coordination following two separate and specific time zones instead of one standard time zone will allow for greater productivity and efficiency for citizens as well as contribute to savings in energy consumption several precious daylight hours can be more effectively utilized instead of being overlookedin 2006 india's planning commission released a report that stated that having two time zones would lead to substantial energy savings in a global scenario that is headed towards an energy crisis, india can lead the way in modifying its own practices to make a difference the initial hurdles in the process of transition are a minor glitch when considering the long term convenience post implementation of the time zones and the overall positive impact it can have on the general well-being of citizens as well as providing a fillip to economic activitythis bill seeks to initiate a conducive framework for establishing and implementation of time zones more specific to the geographical co-ordinates of the area, eventually leading to more inclusive and systematic governancehence this bill financial memorandumclause 5 of the bill empowers the central government to constitute an authority to deal with logistic hurdles related to inter-state functioning of railways after implementation of time zones the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about sum of about rupees twenty crore will be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees twenty crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto establish and demarcate two different time zones to provide for more systematic,inclusive and progressive governance and administration of the country and formatters connected therewith————(shri gaurav gogoi, mp)gmgipmrnd—2728ls(s3)—20-12-2017

Parliament_bills

164bc8be-1b4a-5668-ad8a-fb0106308439

bill no lvii of 2012 the constitution (amendment) bill, 2012 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:— 1 (1) this act may be called the constitution (amendment) act, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointammendment of article 15namely:—"(6) the state shall not apply or prescribe any criteria including economic criteria or decisions of any authority to the contrary in making any special provisions for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes," statement of objects and reasonsarticle 15(4) of the constitution enables the state to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes accordingly, provision for reservation in jobs and educational institutions has been madethe policy of reservation strengthens the concept of equality enshrined in the constitution by promoting social equality in our country the socially and educationally backward classes of citizens, the scheduled castes and the scheduled tribes were marginalized and oppressed for centuries as a result of caste system prevalent in the country even after independence, they have not been able to attain the level of economic and educational advancement enjoyed by the upper caste it must be realised that discrimination on the basis of caste threatens the very fabric of our nation and therefore, safeguards for reservation which is a tool for promoting social equity should find a place in our constitutioneven after sixty-five years of affirmative action, the caste based discrimination and caste based distinction exist on a large scale in our society in its present form, it has not succeeded in building capabilities and offering opportunities to those it has sought to benefit to make matters worse, efforts are being made to dilute the reservation system by introducing economic criteria and concept of creamy layerit must be remembered that introducing economic or any criteria other than social and educational backwardness will only nullify the object of this affirmative action the economic criterion is valid only in casteless societies since essence of discrimination and marginalization in the indian society is based on caste, exclusion of backward classes from getting benefits under reservation on the basis of economic criteria or in the form of creamy layer or in any other form would further marginalize the citizens belonging to these classeshence this billveer singh annexure extracts from the constitution of india15 (1) the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them(2) no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—prohibition of discrimination on grounds of religion, race, caste, sex or place of birth(a) access to shops, public restaurants, hotels and places of public entertainment;or(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of the general public (3) nothing in this article shall prevent the state from making any special provision for women and children(4) nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes(5) nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally bakcward classes of citizens or for the scheduled castes or the scheduled tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions referred to in clause (1) of article 30 rajya sabha———— a billfurther to amend the constitution of india————(shri veer singh, mp)gmgipmrnd—3963rs(s3)—07122012

Parliament_bills

3b853e81-f24c-5399-a471-161dc040950b

bill no xliv of 2017 the protection from lynching bill, 2017—————— arrangement of clauses——————clauses chapter i preliminary1short title, extend and commencement2definitions chapter ii duties of police officer and district magistrate3duties of police officer4duties of district magistrate chapter iii prevention of acts leading to lynching5duty to prevent lynching6power to exercise authority against mobs chapter iv punishment for lynching7punishment for offence of lynching8punishment for conspiracy or abetment or aides or attempt to lynch9punishment for obstructing legal process chapter v other offences and punishment10punishment for dissemination of offensive material11dereliction of duty by police officer12punishment for dereliction of duty by police officer13dereliction of duty by district magistrate14punishment for dereliction of duty by district magistrate15punishment for enforcing a hostile environment chapter vi investigation, prosecution and trial16application of code of criminal procedure, 197317offences to be cognizable, non-bailable and non-compoundable clauses18investigation by senior police officers19sanction not required for offences under the act20cases triable by designated judges21power to appoint designated judges22procedure and power of the designated judge23rights of victims and witnesses during trial24constitution of review committee chapter vii relief and rehabilitation25duty to provide compensation26displacement27establishment of relief camps chapter viii appeals28appeals chapter ix miscellaneous29power to remove difficulties30act to be in addition to any other law31power to make rules bill no xliv of 2017 the protection from lynching bill, 2017 a billto provide for effective protection of the constitutional rights of vulnerable persons, to punish acts of lynching, to provide for designated courts for the expeditious trial of such offences, for rehabilitation of victims of lynching and their families and for matters connected therewith or incidental theretowhereas the constitution of india guarantees to all persons the right to life and personal liberty and the equal protection of laws;and whereas in recent times, there have been a spate of incidents resulting in loss of livelihood, injuries and death of persons at the hands of lynch mods;and whereas it is deemed necessary and expedient to enact legislation for the protection of these rights guaranteed by the constitution;be it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the protection from lynching act, 2017(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencement(3) the act shall come into force within thirty days of its enactmentdefinitions2 in this act, unless the context otherwise requires;(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "hostile environment" means intimidating or coercive environment that is created against the victim or the family members of the victim or against any witnesses or any one providing assistance to the witness or victim, which includes being subjected to the following act—(i) boycott of the trade or businesses of such person or making it otherwise difficult for him or her to earn a living; or10(ii) public humiliation through exclusion from public services, including education, health and transportation or any act of indignity; or(iii) deprive or threaten to deprive such person of his or her fundamental rights; or15(iv) force such person to leave his or her home or place of ordinary residence or livelihood without his or her express consent; or(v) any other act, whether or not it amounts to an offence under this act, that has the purpose or effect of creating an intimidating, hostile or offensive environment20(c) "lynching" means any act or series of acts of violence or aiding, abetting or attempting an act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other related grounds(d) "mob" means a group of two or more individuals, assembled with an intention of lynching25(e) "offensive material" means any material that can be reasonably construed to have been made to incite a mob to lynch a person on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other related grounds30(f) "victim" means any person, who has suffered physical, mental, psychological or monetary harm as a result of the commission of any offence under this act, and includes his or her relatives, legal guardian and legal heirs of a deceased victim35(g) "witness" means any person who is acquainted with the facts and circumstances, or is in possesion of any information or has knowledge necessary for the purpose of investigation, inquiry or trial of any crime involving an offence under this act, and who is or may be required to give information or make a statement or produce any document during investigation, inquiry or trial of such case and includes a victim of such offence2 of 19744045 of 1860(h) words and expressions used but not defined in this act and defined in the code of criminal procedure, 1973 or the indian penal code shall have the meanings assigned to them respectively in the code of criminal procedure, 1973, or as the case may be, in the indian penal code, 1860 chapter ii duties of police officer and district magistrate| duties ||---------------------------------------------------------------------------------------------|| police officer || 45 || 3 || ( || 1 || ) every police officer, directly in charge of maintaining law and order in an area || shall take all reasonable steps to prevent any act of lynching including its incitement and || commission; and to that end— || ( || i || ) make all possible efforts to identify instances of dissemination of offensive || material or any other means employed in order to incite or promote lynching of a || particular person or group of persons; |(ii) act in furtherance of the duty to prevent lynching in accordance with thepowers vested in them; and(iii) make all possible efforts to prevent the creation of a hostile environmentagainst a person or group of persons5(2) every police officer shall take every possible action to the best of their ability, toprevent the commission of all offences under this act2 of 1974duties of district magistrate104 (1) notwithstanding anything contained in the code of criminal procedure, 1973whenever the district magistrate has reason to believe that in any area within his jurisdiction, a situation has arisen where there is an apprehension of lynching, he may, by order in writing, prohibit any act which in his opinion is likely to lead to the incitement and commission of an act of lynching(2) the district masistrate shall take every possible action to the best of his or herability to prevent the creation of a hostile environment against a person or group of persons chapter iii 15 prevention of acts leading to lynchingduty to prevent lynching5 (1) it shall be duty of every police officer, in-charge of a police station to take allreasonable steps to prevent any incident of lynching, including its incitement, commission and possible spread in the area under their jurisdiction and to that end—20(i) make all possible efforts to identify patterns of violence in the area under theirjurisdiction, that indicate occurrence of targeted violence;(ii) obtain information regarding the likelihood of an act of lynching; and (iii) act in furtherance of the duty to prevent any act of lynching in accordancewith the powers vested in them;25(2) every police officer exercising powers under this act in discharge of their dutiesshall act without any delay in a fair, impartial and non-discriminatory manner6 (1) it shall be the duty of every police officer in-charge of a police station to exercisehis authority on a mob in order to cause it to dispersepower to exercise authority against mobs(2) in exercise of his authority, a police officer in-charge of a police station may usesuch powers as vested under section 129 of the code of criminal procedure, 19732 of 197430 chapter iv punishment for lynching7 whoever commits and act of lynching—p u n i s h m e n t for offence of lynching35(a) where the act leads to the victim suffering hurt, shall be punished withimprisonment of either description for a term which may extend to seven years and with fine which may extend to one lakh rupees(b) where the act leads to the victim suffering grievous hurt, shall be punishedwith imprisonment of either description for a term which may extend to ten years, and with fine which may extend to three lakh rupees40(c) where the act leads to the death of the victim, shall be punished with rigorousimprisonment for life and with fine which may extend to five lakh rupees8 whoever takes part in a conspiracy or conspires to lynch another person, or abets or aides or attempts an act of lynching shall be punished in the same manner as if they had taken part in the actual incident of lynchingpunishment for conspiracy or abetment or aides or attempt to lynch9 any person who—punishment for obstructing legal process5(a) knows or have reasonable cause to believe that any other person is guilty ofan offence under this act, gives that other person any assistance with intent thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment for the said offence, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine10(b) threatens a witness with any injury to his person or property or to the personor property of any one in whom that person is interested, with intent to cause harm to that person, or to compel that person to refrain or withdraw from being a witness in any investigation or trial under this act shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine chapter v other offences and punishment15p u n i s h m e n t for dissemination of offensive material10 notwithstanding anything contained in any other law for the time being in force, whoever publishes, communicates or disseminates by any method, physical or electronic, any offensive material, shall be punished with imprisonment of either description for a term of not less than one year which may extend to three years, and with fine which may extend to fifty thousand rupees20dereliction of duty by police officer11 (1) when any police officer, directly in charge of maintaining law and order in anarea, omits to exercise lawful authority vested in them under law, without reasonable cause, and thereby fails to prevent lynching, shall be guilty of direliction of dutyexplanation—for the purposes of this section, direliction of duty by a police officer shall also include the following:(i) failure to provide protection to a victim of lynching;25(ii) failure to act upon apprehended lynching;2 of 1974(iii) refusing to record any information under sub-section (1) of section 154 ofthe code of criminal procedure, 1973 relating to the commission of an offence under this act; and(iv) failure to perform his duties under sections 3, 4 and 5 of this act30p u n i s h m e n t for dereliction of duty bypolice officer12 notwithstanding anything contained in any other law being in force, whoeverbeing a police officer is guilty of dereliction of duty shall be punished with imprisonment of one year, which may extend to three years, and with fine which may extend to fifty thousand rupees3513 whoever being a district magistrate authorised to act under any provisions ofthis act—dereliction of duty by district magistrate(a) exercised the lawful authority vested in him under this act in a mala fidemanner, which causes or is likely to cause harm or injury to any person or property; or(b) wilfully omits to exercise lawful authority vested in him under this act andthereby fails to prevent the commission of any act of lynching,40shall be guilty of direliction of duty14 whoever being a district magistrate is guilty of dereliction of duty shall be punishedwith imprisonment for a term of one year which may extend to three years, and with fine which may extend to fifty thousand rupeespunishment for dereliction of duty by district magistrate4515 whoever contributes or enforces a hostile environment on a person or a group ofpersons, shall be punished with imprisonment for six monthspunishment for enforcing a hostile environment chapter vi investigation, prosecution and trial7 of 197416 the provisions of the code of criminal procedure, 1973, shall apply to this act,save and except as amended or supplemented to the extent provided under this chapter517 unless otherwise specified, all offences specified under this act, shall be cognizable,non-bailable and non-compoundableapplication of code of criminal procedure, 1973 offences to be cognizable, non-bailable and noncompoundable18 no police officer below the rank of inspector of police shall investigate any offencecommitted under this actinvestigation by seniorpoliceofficers2 of 19741019 the provisions of sections 196 and 197 of the code of criminal procedure, 1973shall not apply to offences by police officers and the court may take cognizance of such offence when satisfied that the said offence has been committedsanction not required for offences under the act2 of 1974cases triable by designated judges20 notwithstanding anything contained in the code of criminal procedure, 1973, or inany other law for the time being in force, the offences specified under this act shall be tried by designated judges appointed under this act1521 (1) the appropriate government by notification in the official gazette, appoint asmany designated judges in consultation with the chief justice of the high court as it may be necessary to try offences punishable under this actpower to appoint designated judges20(2) a person shall not be qualified for appointment as a designated judge or additionaldesignated judge under this act unless he or she is or has been a sessions judge under the code of criminal procedure, 19732 of 19742 of 197422 (1) in trying the accused persons, the designated judge shall follow the procedurefor the trial of warrant cases prescribed by the code of criminal procedure, 1973procedure and power of the designated judge25(2) the provisions of the code of criminal procedure, 1973, shall, so far as they are notinconsistent with this act, apply to the proceedings before a designated judge; and for the purposes of the said provisions, the court of the designated judge shall be deemed to be acourt of session2 of 197430(3) when trying the accused person, a designated judge may also try any offence,other than an offence specified under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial if the offence is connected with the offence under this act(4) if, in the course of any trial under this act, it is found that the accused person has committed any other offence, the designated judge may, whether such offence is or is not an offence under this act, try such person of such offence and pass any sentence authorised by law for the punishment thereof2 of 197435(5) notwithstanding anything contained in the code of criminal procedure, 1973 adesignated judge shall hold the trial of an offence on day-to-day basis save and except for reasons beyond the control of parties:40provided that where a designated judge is unable to hold the trial of the offence on a day-to-day basis, the reasons for the same, shall be recorded in writing by the designated judge(6) in so far as reasonably possible, all statements of victims and witnesses should be recorded within a period of one hundred and eighty days from the date of incident(7) in so far as reasonably possible, it shall be the endeavour of the court to ensure that any witness is not required to attend court on more than two dates of hearing523 (1) a designated judge may, on an application made by a witness in any proceedings before it or by the public prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secretrights of victims and witnesses during trial(2) a victim shall have the right to reasonable, accurate, and timely notice of any court proceeding and shall be entitled to be heard at any proceeding under this act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submissions on conviction, acquittal or sentencing10(3) the superintendent of police, or officer designated by him or her shall inform the victim in writing about the progress of investigations into the offence, whether or not the offender has been arrested, charge-sheeted, granted bail, charged, convicted or sentenced, and if a person has been charged with the offence, then the name of the suspected offender152 of 1974(4) the victim shall have the right to receive a copy of any statement of the witness recorded during investigation or inquiry, and a copy of all statements and documents filed under section 173 of the code of criminal procedure, 1973 including the charge-sheet or closure report submitted by police2039 of 1987(5) a victim shall be entitled to receive free legal aid if he or she so chooses and to engage any advocate who he or she chooses from among those enrolled in the legal aid panel under the legal services authorities act, 1987 and the legal aid services authority established under the said act shall pay all costs, expenses and fees of the advocate appointed by the victim or informat in accordance with relevant rules25(6) notwithstanding anything contained in any other law being in force, the designated judge trying a case may permit the prosecution to be conducted by any advocate recommended by the victim:provided that no person, other than the advocate-general or government advocate or a public prosecutor or assistant public prosecutor, shall be entitled to conduct the prosecution without the prior approval of the designated judge30(7) where the prosecution is conducted by an advocate recommended by the victim, the expenses arising out of such service, shall be borne by the appropriate government(8) it shall be the duty and responsibility of the appropriate government for making arrangements for the protection of victims and witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence35(9) the appropriate government shall inform the concerned designated judge aboutthe protection provided to any victim, informant or witnesse and the designated judge shall periodically review the protection being offered under this section and pass appropriate orders40(10) it shall be the duty of the investigating officer to record the complaint of victim,informant or witnesses against any kind of intimidation coercion or inducement or violence or threats of violcence, whether given orally or in writting and copy of the same shall be sent to the designated judge within twenty-four hours of recording itconstitution of review committee45 5024 (1) notwithstanding anything contained in the code of criminal procedure act,1973, every case, registered in connection with an offence under this act and where the investigating officer does not file a charge sheet within a period of three months from the date of registration of the first information report, shall be reviewed by a committee headed by an officer of the level of an inspector-general of police to be constituted by the approprite government and such committee may pass orders for a further investigation by another officer not below the rank of deputy superintendent of police wherever it comes to the conclusion that, having regard to the nature of investigation already carried out, such investigation would be necessary(2) the committee constituted under sub-section (1) may also review cases of such offences where the trial ends in acquittal and issue orders for filing appeal, wherever required5(3) the committee shall submit a report of its findings and action taken in each case or cases to the director general of police chapter vii relief & rehabilitation25 (1) the appropriate government through the office of the level of chief secretary shall provide compensation to victims of lynching within thirty days of the incidentduty to provide compensation10(2) where the death of a person has occurred as a consequence of lynching, the compensation for such death shall be paid to the next of kin of the deceased15(3) while computing compensation, the appropriate government must give due regard to the bodily injury, psychological injury, material injury and loss of earnings including loss of opportunity of employment and education, expenses incurred on account of legal and medicinal assistance:provided that in no case of death caused due to lynching, should the compensation given be less than twenty five lakh rupeesdisplacement2026 (1) where the offence under this act has led to displacement of the victims from their residence, the appropriate government shall arrange for the accommodation of the victims and take all necessary steps to rehabilitate such victims(2) where the offences under this act, has to led to the displacement of more than fifty persons, the appropriate government shall setup relief camps in the manner specified under section 272527 (1) in accordance with sub-section 2 of section 27, the appropriate government shall establish relief camps in safe locations for all victimsestablishment of relief camps(2) relief camps under sub-section (1) shall continue to be operated by the appropriate government until such persons return to their original habitations, or are resettled in a new suitable location30(3) relief camps established under sub-section (1) shall, at the minimum, regardless of the circumstances and without discrimination, provide such persons with:(a) basic shelter which is appropriate and adequate to protect the residents of the camps from extremes of the weather, and which provides due privacy especially to women and girls;(b) twenty four hour security at the relief camp;35(c) adequate nutritious and culturally appropriate food; (d) potable drinking water; (e) adequate clothing which is culturally appropriate and sufficient to protectthe residents of the camp from extremes of weather;40(f) essential medical services including antenatal and postnatal care of expectantmothers, padiatric care and emergency and rehabilitative services for the injured and referral services wherever necessary;(g) adequate sanitation; (h) psycho-social and trauma counseling and psychiatric services; (i) child-care services for infants and small children;45(j) educational facilities for children;(k) special facilities and assistance, as may be necessary and reasonable for the medical condition and treatment of certain residents of the relief camps, as children, especially unaccompanied minors, expectant mothers, mothers with young children, female heads of households, elderly and disabled persons with special needs;5 chapter viii appealsappeals2 of 197428 notwithstanding anything contained in the code of criminal procedure, 1973;10(i) an appeal shall lie as a matter of right from any judgment, sentence or order,not being interlocutory order, of a designated judge to the high court both on facts and on law; and(ii) every appeal under this section shall be preferred within a period of sixtydays from the date of the judgment, sentence or order appealed from:15provided that the high court may entertain an appeal after the expiry of the saidperiod of sixty days if it is satisfied that the appellant had sufficient cause for not perferring the appeal within the period of sixty days chapter ix miscellaneouspower to remove difficulties2029 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment, may by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficultyact to be in addition to any other law30 the provisions of this act shall be in addition to, and not in derogation of, anyother law for the time being in force except to the extent the provisions of other laws are inconsistent with the provisions of this act25power to make rules31 the central government shall have the power to make rules to give effect to theprovisions of this act statement of objects and reasonsthe idea of india, as envisaged by our founding fathers, is of one land embracing many, a nation that may endure differences of caste, creed, colour, conviction, culture, cuisine, costume and custom and continue to maintain its composition as a pluralistic democracy, the underlying seamless web that unites india as a sovereign, socialist, secular, democratic republic article 21 of the constitution of india guarantees every person the right to life and personal liberty which includes the right to a dignified existence, in celebration of one's choices and social indentitythe freedom of speech and expression under article 19 of the constitution, which includes the freedom to express one's identity and choices without fear of repercussions, is the embodiment of the freedom that the makers of modern india dedicated their lives for every indian has the right to a dignified existence irrespective of their religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicitythe rising spate of vigilantism and mob lynching on the basis of one's individual identity and choices threatens the notion of an all-embracing india and is a direct threat to the constitutional ethos of our country this, therefore, necessitates the need for a special law to aid vulnerable individuals and communitiesthe act of wilful omissions and commissions by the custodians of the state, which facilitates mob lynching, must be recognized as a criminal act under the eyes of the law the state must act as the bulwark of the freedoms enshrined in the constitution of india, and special procedures are required to ensure an effective and independent prosecution of crimes, to deter the growing number of vigilante groups which act with impunity, in contempt of the secular fabric of indiatherefore, there is an urgent requirement to re-enforce the founding values of our nation through special laws and procedure to curb mob lynching and related violence against an individual indian citizen's identityhence this billkts tulsi financial memorandumclause 21 of this bill provides for the appointment of designated judges to try offences under this bill sub-clause 6 of clause 23 of this bill also mandates the appropriate governments to remunerate the expenses arising out of the prosecution in the manner set forth under such provision clause 25 to 27 of this bill mandates various forms of compensatory, reliefs and rehabilitation measures which need to be undertaken by the appropriate governments the maintenance of convicts and under trials, under this bill, in the prisons of states and union territories will also require certain expenses the expenditure relating to states shall be borne out of the consolidated funds of respective states the expenditure relating to union territories shall be incurred from the consolidated fund of india the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees two hundred crore per annum would be involved from the consolidated fund of india a non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 31 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character————— a billto provide for effective protection of the constitutional rights of vulnerable persons, to punish acts of lynching, to provide for designated courts for the expeditious trial of such offences, for rehabilitation of victims of lynching and their families and for matters connected therewith or incidental thereto—————(shri kts tulsi, mp)gmgipmrnd—3414rs(s3)—02-01-2018

Parliament_bills

57bc5855-dbab-5a9b-9534-2f993a0171b9

bill no xxii of 2014 the supreme court (establishment of a permanent bench at nagpur) bill, 2014 a billto provide for establishment of a permanent bench of the supreme court at nagpurbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the supreme court (establishment of a permanent bench at nagpur) act, 20145(2) it shall come into force on such date as the central government may by notification in the official gazette, appoint10establishment of a permanent bench of supreme court at nagpur2 there shall be established a permanent bench of the supreme court at nagpur with such number of judges of supreme court as the chief justice may with the approval of president decide, to exercise jurisdiction in respect of cases arising in the states of kerala, tamil nadu, andhra pradesh, karnataka, orissa, madhya pradesh, chhattisgarh, jharkhand, goa and maharashtra and the union territories of puducherry, dadra and nagar haveli, lakshadweep and andaman and nicobar islands and such other territory as may be notified by the central government with the approval of the chief justice:provided that the number of judges at the bench at nagpur shall not be less than nine statement of objects and reasonsindia is the seventh largest country in the world in terms of area it is the second most populated country next to china however, there is only one bench of the supreme court to decide cases arising in whole of the country article 130 of the constitution says that the supreme court shall sit in delhi or in such other place or places as the chief justice of india may with the approval of the president from time to time appoint the language of the article clearly indicates that there was an intention of the founding fathers of the constitution to have more than one seat of the supreme court but so far no thought has been given to the idea of having another bench of the apex court despite the fact that the population of the country which was around 35 crore at the time of independence has now swollen to over 120 crore and there is proportionate increase in the cases in the supreme court litigant public has to travel thousands of kilometres to follow up their cases in the supreme court which is seated in delhi this not only adds to their financial burden but also results in wastage of a lot of time in travelling and staying in delhi the litigants in southern and central part of the country find it inconvenient and expensive therefore, its high time that a bench of the supreme court be established for the convenience of the public at large for which nagpur is the most appropriate placegeographically, nagpur is the most ideal place for setting up the bench of the apex court as it is almost at the centre of the country a bench of the supreme court at nagpur will provide a big relief to the litigant public of southern as well as the central part of the country and will provide them convenient and affordable justicehence this billvijay jawaharlal darda financial memorandumclause 2 of the bill provides that there shall be a permanent bench of the supreme court at nagpur the bill, if enacted, will involved recurring expenditure from the consolidated fund of india to the tune of rupees two crore per annumhowever, a non-recurring expenditure to the tune of rupees fifty crore is also likely to be involved rajya sabha———— a billto provide for establishment of a permanent bench of the supreme court at nagpur————(shri vijay jawaharlal darda, mp)gmgipmrnd—3058rs(s3)—28-11-2014

Parliament_bills

ac8e8843-112c-5757-b763-d93044387220

the appropriation (railways) no 2 bill, 1956(as introduced in l~ic sabha) the appropriation (railways) no2 bill, 1956 (as introduced in los: sabba) a bnlto authorise payment and appropriation of certain further bu~ from and out of the comolidated fund of india for the services of the financial year 1955-56 for the purposes of railways be it enacted by parliament in the seventh year of the republic of india as follows:-1 this act may be called the appropriation (railways) no2 short title act, 1956 2 from and out of the consolidated fund of india there may be i;'ue of ri paid and applied sums not exceeding those specified in column 3 45>43,08,000 of the schedule amounting in the aggregate to the sum of forty-five ~urtted crores, forty-three lakhs and eight thousand rupees towards defray· fund of ing the several charges which will come in course of payment during ~cf:jr the the financial year 1955-56, in respect of the services relating to year j955-56-railways specified in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of appropriathe consolidated fund of india by this act shall be appropriated deld for the services and purposes expressed in the schedule in relation to the said year the schedule(s" sections 2 and 3) 2 3 i ! i sums not exceeding _______ i ____ ~ ____ _ no of i vote; 6,02,000 6,02,000 voted i chared i services and purposes by on the total parliament iconsolidated ! i fund ----------------------------:--------·1---------i rs ri rs 11 railway board 604°,000 3 miscellaneous expenditure i 93,00,000 93,00,000 working expenses-adminis-! '4 nation i 5 working expenaea-rcpain and maintenance 6,00,99,000 6,00,99,000 i i 6 working expenses~rating staff 7 workini expensea-operation -(fud) 2,30,81,000 2,30,81,000 46,00,000 8 workida expenses--qperation other than staff and fuel 9a worltiq expen8es-labour welfare 10 pa)'jlwlt8 to worked lines" othen s04o,ooo ii working ex~daes-appropriation to depzeciauon resel:ve fund - - 10,00,00,000 10,00,00,000 ,22,25,000 taa op:n line worb (revenue) labour welfare - - 22,55,000 us opca line worb (revenue) other thad labour welfare 1,08,82,000 1,08,82,000 13 appropriation to dcvelop~t fund - 2,43042,000 2043042tooo is construction of new ijnes 56,13,000 56,13,000 16 open line worb-additions 12,07,69,000 12,07,69,000 17 open line works-replace-6,9277,000 men 20 dividend payable to general revenues 9,17,000 grand total , 1,89,000 45,43,08,000 statement of objects and reasons, this bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary grants made by lok sabha for expenditure of the central government on railways for the financial year 1955-56 - lal bahapur ,niw~: the 5th march, 1956 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1955-56 for the purposes of railways the president has, in pursuance of clauses (i) and (3) of article 117 of the constitutlon of india, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary (sir'; ial bahadur, minister oj railwayi and transport) - gipc-lad-2j 79 ls-12-3-56-1600

Parliament_bills

b3edfe7f-6a13-5197-bf6c-95c9ff113324

bill no 57 of 2009 the appropriation (no 3) bill, 2009 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2009-2010be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 this act may be called the appropriation (no 3) act, 2009short title2 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate [inclusive of the sums specified in column 3 of the schedule to the appropriation (vote on account) act, 2009] to the sum of thirty lakh forty-three thousand two hundred and fifty-five crores and eighty-eight lakh rupees towards defraying the several charges which will come in16 of 2009issue of rs 3043255,88,00,000 out of the consolidated fund of india for the year 2009-2010course of payment during the financial year 2009-2010 in respect of the services specified in column 2 of the scheduleappropriation53 the sums authorised to be paid and applied from and out of the consolidated fundof india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year4 references to ministries or departments in the schedule are to such ministries ordepartments as existing immediately before the 12th june, 2009 and shall, on or after that date, be construed as references to the appropriate ministries or departments as reconstituted from time to timeconstruction of references to ministries and departments in the schedulethe schedule(see sections 2, 3 and 4)123nosums not exceedingofservices and purposesvoted bycharged on thetotalvoteparliamentconsolidated fundrsrsrs1department of agriculture and cooperation revenue11822,67,00,000 11822,67,00,000capital92,55,00,000 92,55,00,0002department of agricultural research andeducation revenue3314,77,00,000 3314,77,00,0003department of animal husbandry, dairyingand fisheries revenue1564,95,00,000 1564,95,00,000capital18,55,00,000 18,55,00,0004atomic energy revenue4108,08,00,0001,00,00,0004109,08,00,000capital2387,70,00,0001,00,00,0002388,70,00,0005nuclear power schemes revenue2363,90,00,000 2363,90,00,000capital1412,12,00,000 1412,12,00,0006department of chemicals and petrochemicals revenue220,36,00,000 220,36,00,000capital55,25,00,000 55,25,00,0007department of fertilisers revenue53604,46,00,000 53604,46,00,000capital196,04,00,000 196,04,00,0008department of pharmaceuticals revenue160,26,00,000 160,26,00,000capital30,07,00,000 30,07,00,0009ministry of civil aviation revenue731,09,00,000 731,09,00,000capital155,95,00,000 155,95,00,00010 ministry of coal revenue349,00,00,000 349,00,00,000capital30,00,00,000 30,00,00,00011 department of commerce revenue3047,84,00,00050,00,0003048,34,00,000capital612,22,00,000 612,22,00,00012 department of industrial policy and promotion revenue1131,03,00,000 1131,03,00,000capital55,00,00,000 55,00,00,00013 department of posts revenue12090,10,00,00010,00,00012090,20,00,000capital388,80,00,000 388,80,00,00014 department of telecommunications revenue10150,00,00,000 10150,00,00,000capital104,00,00,000 104,00,00,00015 department of information technology revenue2484,00,00,000 2484,00,00,000capital98,00,00,000 98,00,00,00016 department of consumer affairs revenue450,75,00,000 450,75,00,000capital30,15,00,000 30,15,00,00017 department of food and public distribution revenue54023,78,00,00094,00,00054024,72,00,000capital749,55,00,000 749,55,00,00018 ministry of corporate affairs revenue189,62,00,000 189,62,00,000capital40,00,00,000 40,00,00,00019 ministry of culture revenue1239,90,00,000 1239,90,00,000capital36,10,00,000 36,10,00,00020 ministry of defence revenue9895,93,00,00024,00,0009896,17,00,000capital1473,83,00,000 1473,83,00,00021 defence pensions revenue21789,75,00,00025,00,00021790,00,00,00022 defence services - army revenue60252,53,00,00018,30,00,00060270,83,00,00023 defence services - navy revenue8402,38,00,0001,73,00,0008404,11,00,00024 defence services - air force revenue14909,86,00,0001,24,00,00014911,10,00,00025 defence ordnance factories revenue2495,45,00,0001,50,00,0002496,95,00,00026 defence services—research and development revenue4787,03,00,00064,00,0004787,67,00,00027 capital outlay on defence services capital54779,62,00,00044,38,00,00054824,00,00,00028 ministry of development of north easternregion revenue1331,97,00,000 1331,97,00,000capital290,30,00,000 290,30,00,00029 ministry of earth sciences revenue922,82,00,00015,00,000922,97,00,000capital290,38,00,000 290,38,00,00030 ministry of environment and forests revenue2090,70,00,0001,80,00,0002092,50,00,000capital36,50,00,000 36,50,00,00031 ministry of external affairs revenue5767,97,00,0003,00,0005768,00,00,000capital525,00,00,000 525,00,00,00032 department of economic affairs revenue5636,42,00,000 5636,42,00,000capital7763,65,00,000 7763,65,00,00033 department of financial services revenue35446,52,00,000 35446,52,00,000capital2967,02,00,000 2967,02,00,000| 1 | 2 | 3 ||-----------------------------------------------------|------------------------|--------------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated fund || c | | || harged | | || | - interest payments | revenue || 35 transfers to state and union territory | | || governments revenue | 69174,09,00,000 | 34394,08,00,000 || capital | | 6625,00,00,000 || 36 loans to government servants, etc capital | 360,00,00,000 | || c | | || harged | | || - | repayment of debt | capital || 38 department of expenditure revenue | 71,60,00,000 | || capital | 6,40,00,000 | || 39 pensions revenue | 10899,08,00,000 | 67,59,00,000 || 40 indian audit and accounts department revenue | 2287,93,00,000 | 62,20,00,000 || capital | 2,70,00,000 | || 41 department of revenue revenue | 9645,54,00,000 | 2,00,000 || capital | 2,31,00,000 | || 42 direct taxes revenue | 2883,98,00,000 | 2,00,000 || capital | 618,00,00,000 | || 43 indirect taxes revenue | 3093,80,00,000 | 1,20,00,000 || capital | 290,00,00,000 | || 44 department of disinvestment revenue | 18,78,00,000 | || capital | 2240,00,00,000 | || 45 ministry of food processing industries revenue | 310,50,00,000 | || capital | 40,00,00,000 | || 46 department of health and family welfare revenue | 21024,20,00,000 | || capital | 1700,75,00,000 | || 47 department of ayurveda, yoga and naturopathy, | | || unani, siddha and homoeopathy (ayush) revenue | 919,75,00,000 | || capital | 2,25,00,000 | || 48 department of health research revenue | 606,00,00,000 | || 49 department of heavy industry revenue | 275,56,00,000 | || capital | 536,44,00,000 | || 50 department of public enterprises revenue | 17,20,00,000 | || 51 ministry of home affairs revenue | 1488,34,00,000 | 20,00,000 || capital | 125,86,00,000 | || 52 cabinet revenue | 378,07,00,000 | 5,00,000 || capital | 80,05,00,000 | || 53 police revenue | 26502,26,00,000 | 3,78,00,000 || capital | 7521,77,00,000 | 7,05,00,000 || 54 other expenditure of the ministry of | | || home affairs revenue | 1353,54,00,000 | 2,00,000 || capital | 63,79,00,000 | || 55 transfers to union territory governments revenue | 3407,87,00,000 | || capital | 72,00,00,000 | || 56 ministry of housing and urban poverty | | || alleviation revenue | 857,97,00,000 | || 57 department of school education and | | || literacy revenue | 41319,58,00,000 | || capital | 750,00,00,000 | 750,00,00,000 || 58 department of higher education revenue | 15429,00,00,000 | || 59 ministry of information and broadcasting revenue | 2120,03,00,000 | 3,00,000 || capital | 448,01,00,000 | || 60 ministry of labour and employment revenue | 2702,64,00,000 | 2,00,000 || capital | 760,23,00,000 | || 61 election commission revenue | 21,00,00,000 | || 62 law and justice revenue | 1637,11,00,000 | || capital | 40,89,00,000 | || c | | || harged | | || - | supreme court of india | ………… revenue || 64 ministry of micro, small and medium | | || enterprises revenue | 2023,02,00,000 | || capital | 10,43,00,000 | || 65 ministry of mines revenue | 551,46,00,000 | 14,00,000 || capital | 38,40,00,000 | || 66 ministry of minority affairs revenue | 1631,50,00,000 | || capital | 125,00,00,000 | || rs | rs | rs || 1 | 2 | 3 ||--------------------------------------------------------|---------------------------------|--------------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated fund || 67 ministry of new and renewable energy revenue | 608,20,00,000 | || capital | 19,80,00,000 | || 68 ministry of overseas indian affairs revenue | 59,00,00,000 | || capital | 21,00,00,000 | || 69 ministry of panchayati raj revenue | 4780,71,00,000 | || 70 ministry of parliamentary affairs revenue | 8,33,00,000 | || 71 ministry of personnel, public grievances | | || and pensions ……………………………………revenue | 507,44,00,000 | 12,21,00,000 || capital | 146,85,00,000 | 9,00,00,000 || 72 ministry of petroleum and natural gas ……… revenue | 13475,33,00,000 | || 73 ministry of planning …………………………… revenue | 474,79,00,000 | || capital | 44,21,00,000 | || 74 ministry of power ……………………………… revenue | 7617,73,00,000 | || capital | 1889,00,00,000 | || c | | || harged | | || — | staff, household and allowances | || of the president | ………………………………revenue | || 76 lok sabha ……………………………………… revenue | 384,01,00,000 | 64,00,000 || 77 rajya sabha …………………………………… revenue | 159,90,00,000 | 74,00,000 || c | | || harged | | || — | union public service commission | revenue || 79 secretariat of the vice-president …………… revenue | 2,34,00,000 | || 80 department of rural development …………… revenue | 106648,83,00,000 | || capital | 1,25,00,000 | || 81 department of land resources ……………… revenue | 2405,64,00,000 | || 82 department of drinking water supply ……… revenue | 9302,84,00,000 | || 83 department of science and technology revenue | 2065,73,00,000 | 2,00,000 || capital | 74,90,00,000 | || 84 department of scientific and industrial | | || research ……………………………………… revenue | 2686,30,00,000 | || capital | 4,70,00,000 | || 85 department of biotechnology ………………… revenue | 1024,00,00,000 | || 86 ministry of shipping …………………………… revenue | 1442,43,00,000 | || capital | 508,10,00,000 | || 87 ministry of road transport and highways…… revenue | 16895,18,00,000 | 1,38,00,000 || capital | 15842,00,00,000 | 9,62,00,000 || 88 ministry of social justice and empowerment revenue | 2446,00,00,000 | || capital | 139,00,00,000 | || 89 department of space ………………………… revenue | 2907,38,00,000 | 50,00,000 || capital | 2050,76,00,000 | 40,00,000 || 90 ministry of statistics and programme | | || implementation …………………………………revenue | 2104,72,00,000 | || capital | 10,55,00,000 | || 91 ministry of steel ……………………………… revenue | 115,01,00,000 | || capital | 8,00,00,000 | || 92 ministry of textiles …………………………… revenue | 11343,75,00,000 | || capital | 184,00,00,000 | || 93 ministry of tourism …………………………… revenue | 1064,00,00,000 | || capital | 6,00,00,000 | || 94 ministry of tribal affairs ………………………revenue | 275,13,00,000 | 2894,98,00,000 || capital | 50,00,00,000 | || 95 andaman and nicobar islands ……………… revenue | 1808,28,00,000 | 1,00,000 || capital | 993,09,00,000 | || 96 chandigarh ………………………………………revenue | 1644,99,00,000 | 67,25,00,000 || capital | 455,88,00,000 | 10,00,000 || 97 dadra and nagar haveli ……………………… revenue | 1984,91,00,000 | || capital | 57,44,00,000 | || 98 daman and diu ………………………………… revenue | 783,67,00,000 | || capital | 86,48,00,000 | || 99 lakshadweep ………………………………… revenue | 546,24,00,000 | || capital | 198,62,00,000 | || 100 department of urban development ………… revenue | 1008,52,00,000 | 29,91,00,000 || capital | 2600,36,00,000 | 27,00,00,000 || rs | rs | rs || 1 | 2 | 3 ||-------------------------------------------------------|-----------------------|--------------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated fund || 101 public works …………………………………… revenue | 1117,25,00,000 | 1,00,00,000 || capital | 403,30,00,000 | 1,00,00,000 || 102 stationery and printing ……………………… | revenue | 292,40,00,000 || capital | 13,00,000 | || 103 ministry of water resources ………………… revenue | 941,53,00,000 | || capital | 84,01,00,000 | 4,00,00,000 || 104 ministry of women and child development… revenue | 7428,00,00,000 | || 105 ministry of youth affairs and sports ………… revenue | 2579,30,00,000 | || capital | 493,70,00,000 | || | | t || otal | | || | 887193,86,00,000 | 2156062,02,00,000 || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by lok sabha for expenditure of the central government, excluding railways, for the financial year 2009-2010pranab mukherjee ———— president's recommendation under article 117 of the constitution of india[copy of dono f 2(37)-b(d)/2009 dated the 10th july, 2009 from shri pranab mukherjee, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the appropriation (no 3)bill, 2009 to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2009-2010, recommends under article 117(1) and (3) of the constitution the introduction of the appropriation (no 3) bill, 2009 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2009-2010————

Parliament_bills

076e4751-e8a3-5d13-9c4f-4813ddab6253

bill no 41 of 2008 the supreme court (number of judges) amendment bill, 2008 a billfurther to amend the supreme court (number of judges) act, 1956be it enacted by parliament in the fifty-ninth year of the republic of india as follows:— statement of objects and reasonsthe pendency of cases in the supreme court of india has constantly been on the rise largely due to higher rate of institution of cases as on the 31st day of march, 2007, 41,581 cases were pending in the supreme court the chief justice of india has intimated that the judges in the supreme court feel over-burdened and have been working under acute work pressure it has also not been possible for the chief justice of india to constitute a five- judge bench on a regular basis to hear cases involving interpretation of constitutional law as doing that would result in constitution of less number of division benches which in turn will result in delay in hearing of other civil and criminal matters2 suitable steps are, therefore, required to be taken to augment the strength of the judges in the supreme court so that it can function more efficiently and effectively towards attaining the ultimate goal of rendering speedy justice to the litigant public3 it is, therefore, proposed to amend the supreme court (number of judges) act, 1956to increase the number of judges in the supreme court from twenty-five to thirty, excluding the chief justice of india4 the bill seeks to achieve the above objectivenew delhi;hr bhardwajthe 15th april, 2008 ———— president's recommendation under article 117 of the constitution of india[copy of letter no 12011/1/2002-usii dated the 15th april, 2008 from shri h r bhardwaj, minister of law and justice to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed supreme court (number of judges) amendment bill, 2008, has recommended the introduction of the bill under clause (1) of article 117 of the constitution of india financial memorandumclause 2 of the bill seeks to increase the strength of the judges of the supreme court from the present strength of 25 to 30 judges excluding the chief justice of india this will entail expenditure on account of pay and allowances on creation of 5 additional posts of judges along with required staff the judges will also be entitled to the use of rentfree official residence under rule 4 of the supreme court judges rules, 1959 each judge will have to be provided with personal staff at residence and office the increase in the strength of the judges would also require construction of 5 bungalows for accommodating the judges which would entail expenditure on the construction and the maintenance thereof2 the recurring expenditure would consist of salary of 5 judges along with their staff amounting to rs 1157 lakhs per month amounting to rs 17137 lakhs per annum the recurring expenses on maintenance of the accommodation provided to the judges would be approximately rs 665 lakhs per bungalow per annum which would include general maintenance and electricity and water charges the non-recurring expenditure would be the cost of constructing 5 bungalows at a total cost of rs 985 crores and purchase of vehicles, electronic items, etc, at a cost of approximately rs 8125 lakhs thus, the total non-recurring expenditure would be approximately rs 1066 crores3 the bill, if enacted, is not likely to involve any other recurring or non-recurring expenditure annexureextract from the supreme court (number of judges) act, 1956(55 of 1956)2 the maximum number of judges of the supreme court, excluding the chief justice of india, shall be twenty-fivemaximum number of supreme court judges other than chief justice————a billfurther to amend the supreme court (number of judges) act, 1956————(shri hr bhardwaj, minister of law and justice)mgipmrnd—1600ls(s-5)—17042008

Parliament_bills

dc2eb56c-a084-59f4-9e64-715a36d5fe0c

bill no 72 of 2021 the jammu and kashmir appropriation bill, 2021 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of the union territory of jammu and kashmir for the services of the financial year 2020-21 be it enacted by parliament in the seventy-second year of the republic of india, in exercise of the powers vested under the jammu and kashmir reorganisation act, 2019 as follows:—short title1 this act may be called the jammu and kashmir appropriation act, 202152 from and out of the consolidated fund of the union territory of jammu andkashmir, there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of twelve thousand two crores, five lakh and seventy-five thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2020-21 in respect of the services specified in column 2 of the schedule10issue of rs 12002,05,75,000 (supplementary grants) out of consolidated fund of union territory of jammu and kashmir for financial year 2020-21appropriation3 the sums authorised to be paid and applied from and out of the consolidated fund of the union territory of jammu and kashmir by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year the schedule (see sections 2 and 3) 1 23nosums not exceedingo fservices and purposesvoted bycharged ontotalvote/parliamenttheappro-consolidatedpria-fundtion3planning department capital29,35,29,00029,35,29,0006power development department capital9909,47,13,0009909,47,13,0008finance department capital299,25,00,000299,25,00,00010law department revenue15,98,10,00015,98,10,00014revenue department capital11,24,18,00011,24,18,00016public works department capital501,58,42,000501,58,42,00017health and medical education department revenue503,23,76,000503,23,76,00018social welfare department revenue205,23,98,000205,23,98,00023public health engineering department capital506,71,06,000506,71,06,00026fisheries department revenue3,24,52,0003,24,52,000 total:11702,80,75,000299,25,00,00012002,05,75,000| | rs | rs | rs ||---------|--------------|-------|--------------|| capital | 16,74,31,000 | | 16,74,31,000 | statement of objects and reasonsthis bill is introduced in pursuance of gazette of india, extraordinary, part ii, section 3, sub-section (ii), so 3938(e), dated the 31st day of october, 2019, issued consequent upon the proclamation issued on the 31st day of october, 2019, gazette of india, extraordinary, part ii, section 3, sub-section (ii), so 3937(e), dated the 31st day of october, 2019 under section 73 of the jammu and kashmir reorganisation act, 2019 read with articles 239 and 239a of the constitution and section 74 of the jammu and kashmir reorganisation act, 2019, to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the union territory of jammu and kashmir of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the union territory of jammu and kashmir and the grants made for expenditure of the union territory of jammu and kashmir (with legislature) for the financial year 2020-21 for the period from 1st day of april, 2020 to 31st day of march, 2021nirmala sitharaman———— president's recommendation under section 36(1)(c) and (d), 44(1) and 74 of jammu and kashmir reorganisation act, 2019————[letter no 2(13)-b(s)/2020, dated 14th march, 2021 from smt nirmala sitharaman, minister of finance and corporate affairs addressed to the secretary general, lok sabha]the president, having been informed of the subject matter of the jammu and kashmir appropriation bill, 2021 to authorise payment and appropriation of certain further sums from and out of the consolidated fund of union territory of jammu and kashmir for the services of the financial year 2020-21 recommends under section 36(1)(c) and (d), 44(1) and 74 of the jammu and kashmir reorganisation act, 2019, the introduction of the jammu and kashmir appropriation bill, 2021 in lok sabha and also the consideration of the bill lok sabha———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of the union territory of jammu and kashmir for the services of the financial year 2020-21————

Parliament_bills

8a494cc1-3375-51e3-a666-6cb47953f672

bill no 17 of 2019 the commission for equitable distribution of benefits of reservation to scheduled tribes bill, 2019 by dr prabhas kumar singh, mp a billto establish a commission for ensuring inclusive and equitable distribution of benefits of reservation to scheduled tribesbe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the commission for equitable distribution of benefits ofreservation to scheduled tribes act, 2019short title, extent and commencement(2) it extends to whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "commission" means the commission for equitable distribution of benefits of reservation to scheduled tribes established under section 3;5(b) "particularly vulnerable tribal groups" means tribal groups categorised as'particularly vulnerable tribal groups' by the central government; and(c) "prescribed" means prescribed by rules made under this actconstitution of the commission103 (1) the central government shall, as soon as may be, but not later than two months from the commencement of this act, by notification in the official gazette, constitute a commission to be known as the commission for equitable distribution of benefits of reservation to scheduled tribes(2) the commission shall consist of—(a) a chairperson, who shall be a retired chief justice of a high court, to be nominated by the central government in such manner as may be prescribed;(b) chairperson, national commission for scheduled tribes, as ex-officio vice-chairperson;15(c) director, anthropological survey of india, as ex-officio member;(d) registrar general and census commissioner of india, as ex-officio member;20(e) seven members representing scheduled tribes from the states of madhya pradesh, maharashtra, odisha, rajasthan, gujarat, jharkhand and chhattisgarh, to be nominated by the respective state governments;(f) four members representing scheduled tribes from eight north-eastern states and five southern states, to be nominated by the central government in such manner as may be prescribed; and25(g) two members representing particularly vulnerable tribal groups, to be nominated by the central government in such manner as may be prescribed (3) the central government may appoint such number of officers and staff to the commission as may be required for its efficient functioning(4) the salary and allowances payable to, and other terms and conditions of service of the chairperson and other members, officer and staff of the commission shall be such as may be prescribed304 the commission shall,—functions of the commission(a) examine the extent of inequitable distribution of benefits of reservation to the persons belonging to the scheduled tribes in admissions to educational institutions and employment under the central government; and35(b) recommend measures to be taken by the central government to ensure that the benefits of reservation reach equitably to all persons belonging to the scheduled tribes in different states, so as to achieve greater social justice and inclusionreport5 (1) the commission shall, as soon as possible, but not later than six months fromthe date of its constitution, prepare and submit a report to the central government in such manner as may be prescribed40(2) the central government shall, after considering the report, cause to be laid an action taken report on the recommendations of the commission before each house of the parliament6 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds for carrying out the purposes of this actcentral government to provide adequate fund7 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forceact not in derogation of other law power to make rules58 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act10(2) every rule 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 sessions or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rules 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 statement of objects and reasonsreservation to scheduled tribes (sts) in educational institutions has been provided through article 15(5) while reservation in posts and services under the state has been provided through article 16(4) of the constitution in central government funded higher education institutions and in public employment under the central government, 75 per cent of seats and vacancies are reserved in favour of persons belonging to the scheduled tribeshowever, this policy wrongly assumes the entire scheduled tribes population as a homogenous group in reality, different scheduled tribes communities across different states vary significantly in terms of social, educational and financial status as a result, a few but relatively advanced scheduled tribes communities are cornering the lion's share of the reservation benefits, to the detriment of the interests of the overwhelming majority of scheduled tribes who are really impoverished hence, there exists a high level of inequity in the distribution of reservation benefits across different scheduled tribes communities from different statesfor instance, one single scheduled tribes community from rajasthan (meena/mina)accounts for only around 4 per cent of the total scheduled tribes population of india yet, they grab more than 73 per cent and 35 per cent of the seats/vacancies reserved for sts in engineering services examination (ese) and civil services examination (cse), respectively in contrast, scheduled tribes from odisha get negligible seats, even when odisha has greater tribal population than rajasthan as per data obtained from credible online sources like cse candidates' information, central press information bureau and upsc website for ese and cse exams of last three years scenario for particularly vulnerable tribal groups (pvtgs) is even worseurgent need of the hour is to rationalize the reservation policy for scheduled tribes to achieve greater social justice and inclusion for all scheduled tribes the central government should devise a system so that the benefits of reservation equitably reach to different tribes across different states as a first step, a commission should be constituted to examine in detail the extent of inequitable distribution of benefits of reservation among the scheduled tribes and to recommend policy measures to address this issuethe commission may suggest capping of reservation quota which a state or a scheduled tribe can avail, or sub-categorization of scheduled tribes, or any other measure hence, this billnew delhi;prabhas kumar singhdecember 4, 2018 financial memorandumclause 3 of the bill provides for constitution of a commission for equitable distribution of benefits of reservation to scheduled tribes it also provides for appointment of chairperson, members and other officers and staff to the commission clause 6 provides for the central government to provide adequate funds the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about one thousand crore is likely to be incurred from the consolidated fund of indiaa non-recurring expenditure of about five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto establish a commission for ensuring inclusive and equitable distribution of benefits of reservation to scheduled tribes————(dr prabhas kumar singh, mp)mgipmrnd—3195ls(s3)—31-01-2019

Parliament_bills

fd5974fe-c38f-5d71-b8ac-4d15e32317b0

bill no 77 or 1"7 the salaries and allowances of ministers (amendment) bill, 1967 a billfurther to amend the salaries and allowance, of minister act, 1952 be it enacted by parliament in the eighteenth year of the republic of india as follows :-1 (1) this act may be called the salaries and allowances of short title and ministers (amendment) act, 1967 cod1ii1encemerit s (2) it shall be deemed to have come into force on the 1st day of november, 1966 2 section 4 of the salaries and allowances of ministers act, 1952 amendment shall be re-numbered as sub-section (1) thereof and,-ofsection 4· (i) in sub-section (1) as so re-numbered, {or the words "fifteen clays", the words "one month" shall be substituted; and (ii) after sub-section (1) as so re-numbered and before the explanation, the following sub-section shall be inserted, namely:-5 "(2) in the event of the death of the minister, his family shall be entitled to the use of the fumlshed residence occupied by the mioister-(a) for a perlod of two months immediately after his death, without payment of ren't and no charge shall 10 fall on the family 01 the minister in respect of the maintenance of such residence, and (b) for a further period of one month, on payment of rent at such rates as may be prescribed by rules made in this behalf by the central government and also 15 charges in respect of electricity and water consumed in that residence during such further period" statement of objects and reasonsunder section 4 of the salaries and allowances of ministers act, 1952, a minister (which tenn includes deputy minister) ia entitled, without payment of rent, to the use of a furnished residence throughout his term of office and a period of 15 days immediately thereafter this period ill short even when a minister vacates otllce and is even more so when a minister's family has to vacate the house after his death, considering that this is the period which would, in most cases, be taken up in completing the funeral rites it is, therefore, proposed to increase with effect from the 1st november, 1966 the period to one month when the minister vacates offtce and to three months in the event of his death for the first two months, the deceased minister's family will not be liable for payment of rent or maintenance charges but during the third month, the family will have to pay rent at the pl'e'scribed rates and charges for electricity and water y b chav an ni-;w delhi; the 20th march, 1967 financial memorandumunder section 4 of the salaries and allowances of ministers act, 1952, a minister (which term includes a deputy minister) is entitled, without payment of rent, to the use of a furnished residence throughout his term of office and a period of 15 days immediately thereafter the proposed provision in clause 2 of the bill is to increase this perioa to one month when a minister vacates office and to three months in the event of his death (the intention being that the deceased minister's family may retain the residence for a period of two montos after the death of the minister without payment of rent and for a further period of one month on payment of rent at prescribed rates) if the period of retention is increased to one month or three months, as the case may be, instead of 15 days as at present, the additional financial expenditure likely to be involved out of the consolidated fund of india will be about rs 1,200 or, as the case may be, rs 4,500 in the case of a minister and will be about rs 815 or, as the case may be, rs 3,150 in the case of a deputy minister however, as the expenditure is of an uncertain and unpredictable nature, it would not be possible to make an exact assessment of the amount likely to be involved, but it is not expected to be large (58 01' 1952) - - - - - relidence of 4 each minister shan be entitled without payment of rent to tiie ministen use of a furnished residence throughout his term of oftlce and for a period of fifteen days immediately thereafter, and no charge shad fan on the minister personally in respect of the maintenance of w:il residence ezplanation-for the purposes of this section, "residence" includes the staft· quarters and other buildings appurtenant thereto, and the garden thereof, and "maintenance" in relation to a residence includes the payment of local rates and taxes and the provialon of electricity and water - - - - - a billfurther to amend the salaries and allowances of ministers act, 1952 (shri y b chafjan, minister of homs ajlairs)

Parliament_bills

93e26461-1b49-568d-9cf8-9248de003ede

bill no xix of 2018 the illegal immigrants (identification and deportation) bill, 2018 a billto provide for an institutional mechanism for identification of illegal immigrants in the country and their deportation and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the identification and deportation of illegal immigrants act, 2018short title and commencement5(2) it extents to the whole of india except the state of jammu and kashmirdefinitions2 in this act, unless the context otherwise requires,—(a) 'appropriate government' menas, in the case of a state, the government of that state, and in other cases, the central government5(b) "illegal immigrant" means a foreign national who comes to india without any visa or proper and valid documents issued by the designated authority of the government of india and settles or attempts to settle in india in the garb of bonafide indian citizen by obtaining ration card and other government documents by fraudulent means;10(c) 'national commission' means the national commission for identification and deportation of illegal immigrants constituted under section 3 of the act;(d) 'state commission' means the state commission or a joint state commission for identification and deportation of illegal immigrants constituted under section 6 of the act;(e) "prescribed" means precribed by rules made under this act;153 the central government shall, by notification in the official gazette, constitute a commission to be known as the national commission for identification and deportation of illegal immigrants for carrying out the purposes of this actnational commission for identification and deportation of illegal immigrants4 (1) the national commission shall consist of—composition of national commission20(i) a chariperson who shall be a retired judge of the supreme court, to be appointed by the president of india in such manner as may be prescribed; and(ii) four other members to be appointed by the president of india in such manner as may be prescribed25(2) the chairperson and other members shall hold office for a term of five years or till they attain the age of seventy years and shall be entitled to such salaries and allowances as may be determined by the central goverment5 (1) the central government shall provide the national commission with such officers and other employees as may be necesary for the efficient functioning of the national commission under this actofficers and other employees of national commission30(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the national commission shall be such as may be prescribed6 the central government shall set up a state commission for each state or a joint state commission for two or more states for identitication and deportation of illegal immigrantssetting up of state commissions7 (1) every state commission shall consist of,—35(i) a chairperson who shall be a retired judge of the high court; and composition of state commission(ii) four other members(2) the chairperson and other members of the state commission shall be appointed by the central government in consultation with the chairperson of the national commission in such manner as may be prescribed40(3) the chairperson and other members of the state commission shall hold office for a term of five years or till they attain the age of seventy years and shall be entitled to such salaries and allowances as may be determined by the central government8 (1) the state government shall provide the state commission with such officers and other employees as may be necessary for the efficient functioning of the state commission under this actofficers and other employees of state commission5(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the state commission shall be such as may be prescribed9 (1) every state commission shall—(i) carry out necessary exercise to identify illegal immigrants and their nationality within the areas under their jurisdiction; andidentification and deportation of illegal immigrants(ii) prepare a list of illegal immigrants and supply it to—10(a) the national commission; and (b) the district administration, which shall publish such list in the official gazette:15 provided that an appeal against the inclusion of the name of an individual in the list of illegal immigrants by the state commission shall be made before the national commission within ninety days of publication of the said list in the official gazette(2) the national commission shall take necessary action for deportation of illegal immigrants named in the list of illegal immigrants supplied by the state commission;2010 the central government may, if it considers so in national interest, exempt any illegal immigrants or any class of illegal immigrants from deportation or any other provisions of this actpower of central government to exempt certain immigrants11 (1) the national commission and the state commission shall, for the purposes of discharging its functions under this act, have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely:—25national commission and state commission to have powers of civil court(a) summoning and enforcing the attendance of any person from any part ofindia and examining him on oath;(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits;1 of 187230(d) subject to the provisions of section 123 and section124 of the indian evidence act, 1872, requisitioning any public record or document or copy of such record or document from any office;(e) issuing summons for the examination of witnesses or documents; and(f) any other matter which may be prescribed35(2) no court, except the supreme court and a high court exercising jurisdiction under articles 226 and 227 of the constitution shall entertain any suit, application or other proceedings in respect of any order made by the national commission and the state commission12 the national commission may direct the respective state government to:—(i) stop all assistance or benefits being enjoyed by the illegal immigrants immediately;40power of national commission to direct state governments(ii) impound the ration card in the possession of illegal immigrants; (iii) terminate the services of illegal immigrants, in case such immigrants are employed in any public sector organisation and inform persons concerned in case they are employed in private sector;(iv) seize and dispose of any movable or immovable property owned by illegal immigrants and take such necessary action to recover loans, if any, borrowed by them; and(v) facilitate speedy hearing of any civil or criminal cases against illegal immigrants513 the central government shall, after due appropriation made by law by parliament, provided requisite funds for the purposes of this act, from time to timecentral government to provide funds14 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect removal of difficulties1015 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty:provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act15(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentpower to make rules16 (1) the central government may, by notification, make rules for carrying out the provisions of this act2025(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 statement of objects and reasonshistorically, india has attracted people from all corners of the world many were so smitten with the greatness of our culture that they chose to settle here permanently and over time they have been assimilated into the indian society however, in the recent few decades, illegal immigration into the country has increased manifold so much so that the influx of immigrants created a crisis of identity among the indigenous citizens of our country as a result, the cultural survival of citizens is in jeopardy, their political control is weakened and their employment opportunities are undermined by such illegal migration it is found that though the immigrants had settled in various states of our country, most of them failed to identify themselves with the mainstreamdue to linguistic similarities between illegal migrants from bangladesh, myanmar and other neighbouring countries and the indigenous people, it becomes difficult to identify and deport the illegal immigrants from indian soil illegal immigrants have increased pressure on resources of our country and the government has to increase expenditure on education and health facilities illegal immigrants are not only adding number to our booming population but are indulging in criminal and anti-national activities most of the illegal immigrants have got their names enlisted in the voting list illegally, thereby claiming the rights of citizens the nrc (national register of citizens) has taken initiatives for the detection of illegal migrants however, success of such initiatives will depend on strong political will this silent and insidious demographic invasion may result in the loss of the geo-strategic importance of several bordering districts in the states of assam, tripura, jammu and kashmir, west bengal and other states the influx of these illegal migrants is turning these regions into such ghettos where the original inhabitants have been reduced to a minority and are facing an identity crisisin view of the dangers posed by illegal immigrants, the problem is required to be dealt effectively illegal migration from neighbouring countries is no longer a regional problem which can be pushed under the carpet since these migrants have now settled in several states including the nct of delhi, madhya pradesh and maharashtrasince we do not want our country to become world's capital of refugees and immigrants, it is high time to solve the problems of illegal migration to save culture and identity of our people in their own land and to save the nation from the momument threat of immigrantswith the above objectives, the bill seeks to —(i) establish a national commission and state commissions for identification and deportation of illegal immigrants;(ii) provide that the state commission shall carry out necessary exercise for identification of illegal immigrants;(iii) provide that appeal against inclusion of an individual's name in the list of illegal immigrants shall lie with the national commission;(iv) provide that the illegal immigrants identified by the state commission shall be deported by the national commission;(v) provide that the central government may, if it considers so in national interest, exempt any illegal immigrants or any class of illegal immigrants from deportation or any other provision of the bill(vi) confer powers of civil court upon both the national commission and the state commission; and(vii) empower the national commission to direct the state governments to withdraw all services provided to illegal immigrants and seize and dispose of their property to meet their liabilities; the bill seeks to achieve the above objectsnarayan lal panchariya financial memorandumclause 3 of the bill provides for constitution of the national commission for identification and deportation of illegal immigrants clause 4 seeks to provide for appointment of a chairperson and other members of the national commissionclause 13 of the bill provides that the central government shall, after due appropriation made by law by parliament, provide requisite funds for the purposes of this billthe bill, therefore, if enacted will involve expenditure from the consolidated fund of india the recurring and non-recurring expenditure on this count cannot be estimated at this stage, but has to be worked out by the central government while implementing the provisions of the bill memorandum regarding delegated legislationclause 16 of the bill empowers the central government to frame rules by notification in the official gazette, to carry out the provision of the bill the rules to be framed by the government pertain to matters of administrative detail only, which cannot be laid down in the bill itself the delegation is, therefore, normal in character———— a billto provide for an institutional mechanism for identification of illegal immigrants in the country and their deportation and for matters connected therewith or incidental thereto————(shri narayan lal panchariya, mp)mgipmrnd—1447rs(s3)—06-08-2018

Parliament_bills

7362dd12-8f0a-5647-b402-eb6be491b649

bill no xiii of 2008 the constitution (amendment) bill, 2008 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2008short title and commencement(2) it shall come into force, at once 2 in article 148 of the constitution, —(i) after clause (1) the following shall be inserted, namely:—"provided that no serving bureaucrat other than that belonging to the indian audit and accounts service shall be eligible for appointment under clause (1)"(ii) after clause (4) the following shall be inserted, namely:— statement of objects and reasonsthe office of the comptroller and auditor-general of india is one of the most pivotal offices in the government of india as provided in the constitution in the words of dr br ambedkar, the architect of our constitution, the comptroller and auditor-general is the most important officer as he is the guardian of indian purse and ensures that not a farthing is spent out of the consolidated fund of india or of a state without the authority of the appropriate legislature it is, therefore, essential that this office should be independent of any control of the executivein order to ensure the independence of this office of any control of the executive, provision has been made in the constitution that the cag once appointed, can be removed in like manner and on the like grounds as a judge of the supreme court his salary and other conditions of service cannot be varied to his disadvantage after his appointment further to ensure his impartiality and uprightness it has been laid down that he shall not be eligible for further office either under the government of india or under the government of any state after he has ceased to hold his officehowever, in actual practice during the last over 50 years there have been serious violations of the principles laid down for ensuring impartiality of this office in so far as a number of serving and retired bureaucrats have been appointed as controller and auditor general moreover in one case of cag after retirement was appointed as the chairman of the finance commission and another retired cag was appointed as a governor in 2002 obviously such appointments are against the spirit of the provisions of the constitution relating to this office accordingly clauses 1 and 4 of article 148 of the constitution are proposed to be amended to ensure that such violations are not repeatedhence this billrajeev chandrasekhar———— a billfurther to amend the constitution of india————(shri rajeev chandrasekhar, mp)gmgipmrnd—2532rs(s5)—03-07-2009

Parliament_bills

9685e1b7-fd01-519a-9480-9688cf1dd954

bill no 156 of 2018 the population control bill, 2018 by shri vishnu dayal ram, mp a billto provide for population control and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the population control act, 2018(2) it extends to the whole of india except the state of jammu and kashmirshort title and commencement5(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government of the state and in other cases, the central government; and(b) "prescribed" means prescribed by rules made under this act3 it shall be duty of the central government to encourage, promote and motivate married couples to opt for small family norm with a view to control the rising population in the countrycentral government to encourage, promote and motivate small family norm54 if either the husband or the wife in case of a married couple, who have only two living children on the date of commencement of this act, voluntarily undergoes sterilization, the appropriate government shall provide them with the following benefits, namely:—benefits to couples who opt to undergo sterilization(i) free education including higher education to one child and to the second child, if any, born within one year from the date of commencement of this act;(ii) suitable employment to one child after he completes his education; and10(iii) such other benefits as may be prescribed5 the appropriate government shall introduce population control as a compulsory subject in all educational institutions for all children who have attained the age of fifteen years, irrespective of class in which they are studying and the course they are pursuingc o m p u l s o r y subject relating to population control in e d u c a t i o n a l institutions6 (1) the central government shall set up a health care centre in every village of the country with a view to create awareness about population control amongst the people15establishment of a health care centre in every village of the country(2) the health care centres established under sub-section (1) shall disseminate such information amongst, and provide such assistance to masses, with regard to population control, as may be prescribed by the central governmentminimum age for marriage7 no marriage shall be solemnized between a male who is less than twenty-seven years of age and a female who is less than twenty-two years of age208 (1) any person who is serving in connection with the affairs of the union government or of the state government or in any undertaking or organization under the control of the central government or the state government, as the case may be, and,—provisions relating to government employees, etc25(a) who has only one living child or who has not procreated any child or who is unmarried on the date of commencement of this act, shall give an undertaking that he shall not procreate more than two living children,(b) who has two living children on the date of coming into force of this act, shall give an undertaking that he shall not procreate any child one year after the coming into force of this act30(2) any person violating the provisions of sub-section (1) shall be subject to such disciplinary action as may be determined by the appropriate governmentpunishment9 any person who contravenes the provisions of section 7 shall be punished withsimple imprisonment for a term which shall be not less than five years and with fine which shall be not less than rupees twenty thousand3510 the provisions of this act shall have effect notwithstanding anything contained to the contrary in any other law for the time being in forceact to have overriding effectpower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act40(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 the 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 rule5 statement of objects and reasonsrapid increase in the population has given rise to many socio-economic problems like poverty, food and housing shortage, unemployment, environmental degradation, etc we are the most populous country after china if the present trend continues, it will not be possible for us to tackle the growing socio-economic problems it is, therefore, imperative that certain effective steps are taken to check the increasing growth of our population since our resources are limited, proper upbringing of children is possible only when we opt for small family norm despite existence of various birth control measures and various family planning programmes, the problem of over population still remainsthe bill, therefore, seeks to promote voluntary sterilization among the married couples having two children and also provides for certain measures like fixing the minimum age for marriages, promoting small family norm, introduction of a compulsory subject on population control in the school curricula for promoting and inculcating small family norm in the future generationhence this billnew delhi;vishnu dayal ramjuly 27, 2018 financial memorandumclause 4 of the bill provides for certain benefits to be given to those persons who undergo sterilization voluntarily clause 5 provides for introduction of a compulsory subject relating to population control in all educational institutions clause 6 provides for establishment of health care centres in every village of the country to provide assistance and information regarding population control the central government shall have to incur some expenditure for implementing the provisions of this bill in respect of union territories the state governments will incur expenditure in respect of their states out of their respective consolidated funds the bill, therefore, if enacted, would involve an annual recurring expenditure of about rupees one hundred crore from the consolidated fund of indiaa non-recurring expenditure of rupees ninety crore is also likely to be involved for establishment of health care centres in every district memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules to be made relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for population control and for matters connected therewith————(shri vishnu dayal ram, mp)mgipmrnd—1844ls(s3)—11-10-2018

Parliament_bills

dac3e444-4e61-5478-a665-5f3c94bc514c

bill no 29 of 2020 the direct tax vivad se vishwas bill, 2020 a billto provide for resolution of disputed tax and for matters connected therewith or incidental theretobe it enacted by parliament in the seventy-first year of the republic of india as follows:—1 this act may be called the direct tax vivad se vishwas act, 2020short titledefinitions2 (1) in this act, unless the context otherwise requires,—(b)"appellate forum" means the supreme court or the high court or the incometax appellate tribunal or the commissioner (appeals);(c) "declarant" means a person who files declaration under section 4; (d) "declaration" means the declaration filed under section 4; (e) "designated authority" means an officer not below the rankof a commissioner of income-tax notified by the principal chief commissioner for the purposes of this act;5(f)"disputed fee" means the fee determined under the provisions of the income-tax act, 1961 in respect of which appeal has been filed by the appellant;43 of 1961(g) "disputed income", in relation to an assessment year, means the whole or so much of the total income as is relatable to the disputed tax;1043 of 1961(h) "disputed interest" means the interest determined in any case under the provisions of the income-tax act, 1961, where—(i) such interest is not charged or chargeable on disputed tax; (ii) an appeal has been filed by the appellant in respect of such interest;43 of 1961(i) "disputed penalty" means the penalty determined in any case under the provisions of the income-tax act, 1961, where—15(i) such penalty is not levied or leviable in respect of disputed income or disputed tax, as the case may be;(ii) an appeal has been filed by the appellant in respect of such penalty;( j)"disputed tax", in relation to an assessment year, means—2043 of 1961(i) tax determined under the income-tax act, 1961 in accordance with the following formula—(a - b) + (c - d)where,43 of 196125a = an amount of tax on the total income assessed as per the provisions of the income-tax act, 1961other than the provisions contained in section 115jb or section 115jc of the income-tax act, 1961(herein after called general provisions);b = an amount of tax that would have been chargeable had the total income assessed as per the general provisions been reduced by the amount of income in respect of which appeal has been filed by the appellant;c = an amount of tax on the total income assessed as per the provisions contained in section 115jb or section 115jc of the income-tax act, 1961;3043 of 1961d = an amount of tax that would have been chargeable had the total income assessed as per the provisions contained in section 115jb or section 115jc of the income-tax act, 1961 been reduced by the amount of income in respect of which appeal has been filed by the appellant:3543 of 1961provided that where the amount of income in respect of which appeal has been filed by the appellant is considered under the provisions contained in section 115jb or section 115jc of the income-tax act, 1961 and under general provisions, such amount shall not be reduced from total income assessed while determining the amount under item d:4043 of 1961provided further that in a case where the provisions contained in section115jb or section 115jc of the income-taxact, 1961 are not applicable, the item (c - d) in the formula shall be ignored:45 50provided also that in a case where the amount of income, in respect of which appeal has been filed by the appellant, has the effect of reducing the loss declared in the return or converting that loss into income, the amount of disputed tax shall be determined in accordance with the formula specified in sub-clause (i) with the modification that the amount to be determined for item (a - b) in that formula shall be the amount of tax that would have been chargeable on the income in respect of which appeal has been filed by the appellant had such income been the total income;43 of 1961(ii) tax determined under the section 200a or section 201 or subsection (6a) of section 206c or section 206cb of the income-tax act, 1961 in respect of which appeal has been filed by the appellant43 of 1961(k) "income-tax act" means the income-tax act, 1961;5(l)"last date" means such date as may be notified by the central government inthe official gazette;(m) "prescribed" means prescribed by rules made under this act; (n) "specified date" means the 31st day of january, 2020; (o) "tax arrear" means,—10| ( | i | ) the aggregate amount of disputed tax, interest chargeable or charged ||-------------------------------------------------------------------------------|-----|--------------------------------------------------------------------------|| on such disputed tax, and penalty leviable or levied on such disputed tax; or | | || ( | ii | ) disputed interest; or |(iii) disputed penalty; or (iv) disputed fee,15as determined under the provisions of the income-tax act;(2)the words and expressions used herein and not defined but defined in the incometax act shall have the meanings respectively assigned to them in that actamount payable by declarant203 subject to the provisions of this act, where a declarant files under the provisions of this act on or before the last date, a declaration to the designated authority in accordance with the provisions of section 4 in respect of tax arrear, then, notwithstanding anything contained in the income-tax act or any other law for the time being in force, the amount payable by the declarant under this act shall be as under, namely:—25slnature of tax arrearamount payableamount payablenounder this act onunder this act on or afteror before thethe 1st day of april, 202031st day ofbut on or before the last datemarch, 20203035 40| (a) | where the tax arrear is | amount of the ||----------------------------------|---------------------------------|----------------------------------------------------|| the aggregate amount | disputed tax | of disputed tax and ten per || of disputed tax, interest | cent of disputed tax: | || chargeable or charged | | || on such disputed tax | provided that where the ten per | || and penalty leviable or | centof disputed tax exceeds | || levied on such disputed | the aggregate amount of | || tax | interest chargeable or charged | || on such disputed tax and | | || penalty leviable or levied on | | || such disputed tax, the excess | | || shall be ignored for the purpose | | || of computation of amount | | || payable under this act | | || (b) | where the tax arrear | twenty-five per cent thirty per cent of disputed || relates to disputed | of disputed interest | interest or disputed penalty or || interest or disputed | or disputed penalty | disputed fee || penalty or disputed fee | or disputed fee | |4 (1) the declaration referred to in section 3 shall be filed by the declarant before the designated authority in such form and verified in such manner as may be prescribedfiling of declaration and particulars to be furnished5(2) upon the filing the declaration, any appeal pending before the income tax appellate tribunal or commissioner (appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have been withdrawn from the date on which certificate under sub-section (1) of section 5 is issued by the designated authority10(3) where the declarant has filed any appeal before the appellate forum or any writ petition before the high court or the supreme court against any order in respect of tax arrear, he shall withdraw such appeal or writ petition with the leave of the court wherever required and furnish proof of such withdrawal alongwith the declaration referred to in sub-section (1)15(4) where the declarant has initiated any proceeding for arbitration, conciliation or mediation, or has given any notice thereof under any law for the time being in force or under any agreement entered into by india with any other country or territory outside india whether for protection of investment or otherwise, he shall withdraw the claim, if any, in such proceedings or notice prior to making the declaration and furnish proof thereof alongwith the declaration referred to in sub-section (1)2025(5) without prejudice to the provisions of sub-sections (2), (3) and (4), the declarant shall furnish an undertaking waiving his right, whether direct or indirect, to seek or pursue any remedy or any claim in relation to the tax arrear which may otherwise be available to him under any law for the time being in force, in equity, under statute or under any agreement entered into by india with any country or territory outside india whether for protection of investment or otherwise and the undertaking shall be made in such form and manner as may be prescribed(6) the declaration under sub-section (1) shall be presumed never to have been made if,—(a) any material particular furnished in the declaration is found to be false at any stage;(b) the declarant violates any of the conditions referred to in this act;30(c) the declarant acts in any manner which is not in accordance with the undertaking given by him under sub-section (5), and in such cases, all the proceedings and claims which were withdrawn under section 4 and all the consequences under the income-tax act against the declarant shall be deemed to have been revived35(7) no appellate forum or arbitrator, conciliator or mediator shall proceed to decide any issue relating to the tax arrear mentioned in the declaration in respect of which an order has been made under sub-section (1) of section 5 by the designated authority or the payment of sum determined under that section40time and manner of payment5 (1) the designated authority shall, within a period of fifteen days from the date ofreceipt of the declaration, by order, determine the amount payable by the declarant in accordance with the provisions of this act and grant a certificate to the declarant containing particulars of the tax arrear and the amount payable after such determination, in such form as may be prescribed45(2) the declarant shall pay the amount determined under sub-section (1) within fifteen days of the date of receipt of the certificate and intimate the details of such payment to the designated authority in the prescribed form and thereupon the designated authority shall pass an order stating that the declarant has paid the amount(3) every order passed under sub-section (1), determining the amount payable under this act, shall be conclusive as to the matters stated therein and no matter covered by such order shall be reopened in any other proceeding under the income-tax act or under any other law for the time being in force or under any agreement, whether for protection of investment or otherwise, entered into by india with any other country or territory outside india56 subject to the provisions of section 5, the designated authority shall not institute any proceeding in respect of an offence; or impose or levy any penalty; or charge any interest under the income-tax act in respect of tax arrearimmunity from initiation of proceedings in respect of offence and imposition of penalty in certain casesno refund of amount paid107 any amount paid in pursuance of a declaration made under section 4 shall not be refundable under any circumstancesno benefit, concession or immunity to declarant8 save as otherwise expressly provided in sub-section (3) of section 5 or section 6, nothing contained in this act shall be construed as conferring any benefit, concession or immunity on the declarant in any proceedings other than those in relation to which the declaration has been made159 the provisions of this act shall not apply—(a) in respect of tax arrear,—act not to apply in certain cases(i) relating to an assessment year in respect of which an assessment hasbeen made under section 153a or section 153c of the income-tax act, if it relates to any tax arrear;20(ii) relating to an assessment year in respect of which prosecution hasbeen instituted on or before the date of filing of declaration;(iii) relating to any undisclosed income from a source located outsideindia or undisclosed asset located outside india;25(iv) relating to an assessment or reassessment made on the basis ofinformation received under an agreement referred to in section 90 or section 90a of the income-tax act, if it relates to any tax arrear;(v) relating to an appeal before the commissioner (appeals) in respect ofwhich notice of enhancement under section 251 of the income-tax act has been issued on or before the specified date;3052 of 1974(b) to any person in respect of whom an order of detention has been made underthe provisions of the conservation of foreign exchange and prevention of smuggling activities act, 1974 on or before the filing of declaration:provided that—35(i) such order of detention, being an order to which the provisions of section 9 or section 12a of the said act do not apply, has not been revoked on the report of the advisory board under section 8 of the said act or before the receipt of the report of the advisory board; or40(ii) such order of detention, being an order to which the provisions of section 9 of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or on the report of the advisory board under section 8, read with sub-section (2) of section 9, of the said act; or(iii) such order of detention, being an order to which the provisions of section 12a of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the advisory board under section 8, read with sub-section (6) of section 12a, of the said act; or(iv) such order of detention has not been set aside by a court of competent jurisdiction;510(c) to any person in respect of whom prosecution for any offence punishable under the provisions of the indian penal code, the unlawful activities (prevention) act, 1967, the narcotic drugs and psychotropic substances act, 1985, the prevention of corruption act, 1988, the prevention of money laundering act, 2002, the prohibition of benami property transactions act, 1988 or for the purpose of enforcement of any civil liability has been instituted on or before the filing of the declaration or such person has been convicted of any such offence punishable under any of those acts;45 of 1860 37 of 1967 61 of 1985 49 of 1988 15 of 2003 45 of 1988(d) to any person notified under section 3 of the special court (trial of offences relating to transactions in securities) act, 1992 on or before the filing of declaration27 of 19921510 (1) the central board of direct taxes may, from time to time, issue such directions or orders to the income-tax authorities, as it may deem fit:power of board to issue directions, etcprovided that no direction or order shall be issued so as to require any designated authority to dispose of a particular case in a particular manner2025(2) without prejudice to the generality of the foregoing power, the said board may, if it considers necessary or expedient so to do, for the purpose of this act, including collection of revenue, issue from time to time, general or special orders in respect of any class of cases, setting forth directions or instructions as to the guidelines, principles or procedures to be followed by the authorities in any work relating to this act, including collection of revenue and issue such order, if the board is of the opinion that it is necessary in the public interest so to dopower to remove difficulties11 (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:30provided that no such order shall be made after the expiry of a period of two years from the date on which the provisions of this act come into force(2) every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each house of parliamentpower to make rules12 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act35(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the form in which a declaration may be made, and the manner of its verification under section 4;(b) the form and manner in which declarant shall furnish undertaking under sub-section (5) of section 4;40(c) the form in which certificate shall be granted under sub-section (1) of section 5; (d) the form in which payment shall be intimated under sub-section (2) of section 5;(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules45(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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 rule5 statement of objects and reasonsover the years, the pendency of appeals filed by taxpayers as well as government has increased due to the fact that the number of appeals that are filed is much higher than the number of appeals that are disposed as a result, a huge amount of disputed tax arrears is locked-up in these appeals as on the 30th november, 2019, the amount of disputed direct tax arrears is rs 932 lakh crores considering that the actual direct tax collection in the financial year 2018-19 was rs1137 lakh crores, the disputed tax arrears constitute nearly one year direct tax collection2 tax disputes consume copious amount of time, energy and resources both on the part of the government as well as taxpayers moreover, they also deprive the government of the timely collection of revenue therefore, there is an urgent need to provide for resolution of pending tax disputes this will not only benefit the government by generating timely revenue but also the taxpayers who will be able to deploy the time, energy and resources saved by opting for such dispute resolution towards their business activities3 it is, therefore, proposed to introduce the direct tax vivad se vishwas bill, 2020 for dispute resolution related to direct taxes, which, inter alia, provides for the following, namely:—(a) the provisions of the bill shall be applicable to appeals filed by taxpayers or the government, which are pending with the commissioner (appeals), income tax appellate tribunal, high court or supreme court as on the 31st day of january, 2020 irrespective of whether demand in such cases is pending or has been paid;(b) the pending appeal may be against disputed tax, interest or penalty in relation to an assessment or reassessment order or against disputed interest, disputed fees where there is no disputed tax further, the appeal may also be against the tax determined on defaults in respect of tax deducted at source or tax collected at source;(c) in appeals related to disputed tax, the declarant shall only pay the whole of the disputed tax if the payment is made before the 31st day of march, 2020 and for the payments made after the 31st day of march, 2020 but on or before the date notified by central government, the amount payable shall be increased by 10 per cent of disputed tax;(d) in appeals related to disputed penalty, disputed interest or disputed fee, the amount payable by the declarant shall be 25 per cent of the disputed penalty, disputed interest or disputed fee, as the case may be, if the payment is made on or before the 31st day of march, 2020 if payment is made after the 31st day of march, 2020 but on or before the date notified by central government, the amount payable shall be increased to 30 per cent of the disputed penalty, disputed interest or disputed fee, as the case may be 4 the proposed bill shall come into force on the date it receives the assent of the president and declaration may be made thereafter up to the date to be notified by the governmentnew delhi;nirmala sitharamanthe 1st february, 2020 president's recommendation under article 117 of the constitution of india————[letter no it(a)/1/2020-tpl, dated 122020 from smt nirmala sitharaman, minister of finance and corporate affairs to the secretary general, lok sabha]the president, having been informed of the subject matter of the direct tax vivad se vishwas bill, 2020, recommends under clause (1) and (3) of article 117, read with clause (1) of article 274 of the constitution of india, the introduction of the direct tax vivad se vishwas bill, 2020, in lok sabha and also recommends to lok sabha the consideration of the bill———— a billto provide for resolution of disputed tax and for matters connected therewith or incidental thereto————(smt nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—5083ls(s3)—03022020 corrigenda to the direct tax vivad se vishwas bill, 2020 [to be/as introduced in lok sabha] 1 page 2, against line 30,- insert the marginal citation "43 of 1961" 2 page 3, line 1 ,- for "under the section 200a" read "under section 200a" new delhi; february 4, 2020__________ magha 15, 1941 (saka)

Parliament_bills

6f3e3b90-888b-5ad3-bf98-3dacbe4d7795

lok sa3ha cott~ijenda to the appropniation (railways) no4 bill, 1966 (to be/as introduced in lok sabha)1 page 2, 11ne 4,-for "hose" read nthose" 2 page 4, l1re 11 from bottom,-for "constituiton" read "cor£titution" bid no 83 or i'" tiie appropriation (railways) no4 bill, 1966 a bill·ct~- provide jor the authorisation oj appropriation oj molleys out oj the consolidated fund oj india to meet the amounts spent on certain sen'ices jor the purposes oj railrcays during the financial year ended (m the 31st day oj march, 1964, in excess oj the amounts granted jor tlwse services and jor that yeat be it enacted by parliament in the seventeenth year of the republic of india as follows:-i this act may be called the appropriation (railways) no4 act, short title 1966 5 z from and out of the consolidated fund of india, the s1ll1s specified issue of ri h d i th h f 21,86,%% 680 in column 3 of the sc e u e amountmg 10 e aggregate to t e sum 0 twenry- out of th~ one crores, eighty-six lakhs, twenty-two thousand, ~ hundred and eighty consolidated h been th :-- be fund of rupees shall be deemed to ave au ox-~ to paid and applied to meet the schedule(see sections : and 3) 2 3 sums aggregating to 5 n v o of ote services and purposes voted by parliament 10 charged onl the consolidated total fund rs rs rs 3 payments to worked lines and others 1,033 1,033 5 30,00,285 working expenses-repairs and maintenance 30,00,285 30,84,805 working expenses-operation (fuel) 30,84,805 is 7 8 60,17,172 working expenses-operation other than staff and fuel 60,17,172 12 payments to general revenues 91,90,396 91,90,396 78,86,806 14 construction of new lines 78,86,806 20 15 open line works-additions and replacements 7,26,36,901 1,26,36,901 16 opm line works-development fund 19,5°,965 19,5°,965 18 appropriation to development fund 11,48,54,317 ij ,48,54,317 total /21,86,22,680 21,86,22,680 25 statement of objects and reasonsthis bill is introduced in pursuance of anicle 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriation charged on the fund and the grants made by the lok sabha for expenditure of the central (iovem_ ment on railways for the financial year ended on the 31st day of march , s k patil president's recommendation under article 117 of the constituiton of india[copy of letter no 6~b-4083, dated the 4th november, 1966 from shri s k patil, minister of railways to the secretary, lok sabha] the president having been informed of the subject matter of the proposed appropriation bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the funds and the excess grants made by lok sabha for 1963-64 recommends under clauses (1) and (3) of article 117 of constitution the introduction in and consideration by the lok sabha of the appropriation bill , , a bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services for the purposes of railways during the financial year ended on the 31st day of march 1964, in excess of the amounts granted for those services and for that year (shri s k pazil, minister 0/ railfjjays)

Parliament_bills

85e3c5ed-33a8-5861-86d6-0ef22dc333f9

bill no 64 of 1_ em- the trade unions (amendmen1') bill, 1982 a bill furthet to amend the trade unions act, 1926be it enacted by parliament in the thirty-third year of the republic of india as follows:-1 (1) this act may be called the trade unions (amendment) act, short 1982 title ani com mencemenl 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint u'of 128 z in the trade unions act, 1926 (hereinafter referred to as the principal act), in the long title and in the preamble, after the words "registration of trade uniod$", the worda ", verification of the member-amend_ ment of long title and preamble 10 ship of the trade unions so registered" shall be inserted 1 3 in section 2 of the principal act, after clause (h), the following amend_ ~~ cause shall be inserted, namely: -section 2 '(i) "trade union clispute" means any dispute-(a) between one trade union and another; or 15 (b) between one or more members or office-bearers of a trade union and the trade union (whether also with any of the other members or office-bearers of the trade union or not) relating to its registration, administration or management of its affairs, including the appointment of the members of the execu-20 tive or othel' oftic~bearers of the trade union, the validity of any such appointment, the area of operation of the trade union, verificatioq of membership and any other matter arising out of the rul~s of the trade union, but excluding matters involving determination of issues as to the title to, or ownership of, any building or other property or any funds' 4 in section 4 of the qrincipal act,-amendment of sectinn 4 (a) in sub-section (1), for the words "any seven or more members of a trade union may", the words, brackets, figure and letter "any number of members of a trade union, being not less than the minimum number as determined i'n accordance with the provisions 5 of sub-section (1 a) , may" shall be substituted; (b) after sub-section (1), the following su b-section shall be inserted, namely:- "(la) the minimum number of members of a trade union who may apply under sub-section (1) shall be-10 (a) where such trade union is a trade union of workmen which is not a federation of trade unions,-(i) if the aggregate of the number of workmen who are members of such trade unio:1 and the number of workmen eligible to be members of such trade union 15 is one hundred or less, ten; (ii) if such aggregate is more than one hundred, such number as is equal to ten per cent of such wor)cmen, or one hundred, whichever is less; amendment of -:tion8 (b) in any other ease, seven 20 explanation-for the purposes of this sub-section, the workmen who are eligible to be members of a trade union shall be all such workmen employed in the industry or industries with which the trade ·union is connected as are, in accordance with the rules of the trade union, eligible to be admitted as members of such trade 25 union i in section 8 of the principal act, after the words "register the trade union", the words ", within a period of sixty days from the date of such compliance," shall be inserted 6 in section 10 of the principal act,-30 (a) in clause (b), the word "or" shall be inserted at the end; amendmut ot eection 10 (b) before the proviso, the following clause shall be insttrted, namely:-"(c) if the registrar is satisfied that the trade union has callen for, or participated in, any illegal strike: "; 5 3 (c) after the proviso, the 'following explanation shall be inserted, namely:-<exptanation-for the purposes of this section, "illegal strike" has the meaning assigned to it in section 24 of the industrial disputes act, 1947' 40 14 of in'i 7 after section 11 of the principal act, the following section shall be inserted, namely:-insertion of new lection lla re-registration of a trade union 'illa a trade union whose certificate of registration lias been cancelled may apply {or re-registration to the registrar after the expiry of a period of six months from the date of such cancellation: 45 provided that where such cancellation is on the ground that such trade union has failed to comply with any of the requirements provided by or under this act, it shall not be re-l"egistered until it haa complied with such requirement" 8 in section 21a of the principal act,-amend-(4) in sub-section (1), after clause (ii) , the following clause ment at section shall be inserted, namely: -21a, 14 of 1947 5 "(iii) he has been convicted of any offence under the industrial disputes act, 1947"; ('b) after sub-section (3), the following sub-section 5hall be inserted, namely:-'-:' 10 14 ol19~ " (4) any member of the executive or other office-bearer of a registered trade union who, before the commencement of the trade unions (amendment) act, 1982, has been convicted of any offence under the industrial disputes act, 1947, shall, on the date of such commencement, cease to be such member or office-bearer " 9 in section 22 of the principal act, in the opening paragraph, for amend i 5 the words "not less than one-half", the words "not less than three- ment of fourths" shall be substituted section 22-10 in section 28 of the principal act, after sub-section (4), the follow- amend ing sub-section shall be inserted, namely:-ment of section 28 "(5) the registrar shall send to the state government and 20 the central government or any authority specified in this behalf by the state government ()[" the central government, a statement containing such information with respect to registered trade unions within such time as may be prescribed" 11 in chapter iii of the principal act, after section 28, the follow- insertiod 2') ing sections shall be inserted, namely: -at new sectiona 5 of 1908 - 28a,28b and 28c "28a (1) the registrar shall have the power to verify the power at membership of registered trade unions and matters connected regitrar therewith· in such manner as may be prescribed and shall send a to verity report about such membership to the state gov~nment and the membership of central government trade (2) for the purpos~ of exercising the powers conferred by unions, sub-section (1), the registrar shall follow such procedure as may etc be prescribed and shall also have the same powers as are vested in a civil court under thd code of civil procedure, 1938, for compeuing the production of documents or other connected materials 35 voluntary reference of tratie union disputes to arbitration 28b (1) where any trade union dispute exists or is apprehended and the parties to the disp:jte agree to -refer the dispute to arbitration, they may, by a written agreement (hereinafter referred to as the arbitration agreement), refer the dispute to arbitration and the reference shall be to such person or persons as an arbitrator or arbitrators as may be specified in the arbitration agreement 45 (2) where an arbitration agreement provides for reference of the dispute to an even number of arbitrators the agreement shall provide for the appointment of another p~rson as umpire who shah enter upon the reference, if the arbitrators are equal1y divided in their opinion, and the award of the umpire shall pr<:!vail and shall be deemed to be the award of the arbitrators for the purpo!es of this section (3) an arbitration agreement shall be in such farm and shall besigned by the parties thereto in such manner as may be prescribed (4) a capy of the arbitration agreement shall be far warded tothe appropriate government 'and that government shall, within onemonth from the date of the receipt of such capy, publish the same 5in the official gazette (5) the arbitrator at' arbitrators shall investigate the dispute andsubmit to the appropriate government the award signed by thearbitrator or all the arbitrators, as the case may be(6) every award made under this section shall, within a period 10of thirty days from the date of its receipt by the appropriate gov-ernment, be published in such manner as that government thinks fit(7~ an award published under sub-section (6) shall be final 'andshall not be called in question by any court in any manner whatso-ever is (8) nothing in the arbitration act, 1940, shall apply to arbi- 10 of 19404trations under this section,28c (1) where the appropriate government is of opinion thatany trade union dispute exists or is apprehended, it may, at anytime by order in writing, refer the dispute to the registrar far ad- 20judicationtrar(2) subject to any regulations that may be made in this behalf,the registrar shall, in adjudging the dispute referred to him undersub-section (1), follow such procedure as he "thinks fit (3) where in an order referring a trade union dispute ta the 25registrar under this section, the appropriate government has specified the points of dispute for adjudication, the registrar shall confine his jurisdiction to those points and matters incidental thereto(4) where a trade union dispute has peen referred to the registrar far adjudication, he shall hold the proceedings expeditiously 30and shall, as saon as it is practicable on the conclusion there of submit ,his award to the appropriate gavernment(5) the award of the registrar shall be in writing and shall besigned by the registrar (6) every award of a registrar shall, within a period of thirty 35days from the date of its receipt by the appropriate government, bepublished in such manner as that gavernment thinks fit(7) subject to the provisions of sub-section (8), the award published under sub-section (6) shall be final and shall not be called inquestion by any court in any manner whatsoever,40(8) any person aggrieved by the award of the registrar undersub-section (4) may, within such period as may be prescribed, preferan appeal to the court- referred to in section 11 and the provisionsof that section shan, sa far as may be, apply to appeals preferredunder this section,45(9) without prejudice to the provisions of sub-section (1),where the parties to a trade union dispute apply in the prescribedmanner, whether jointly or separately, for a reference of the disputeto the registrar, the appropriate government shall make the reference accordingly 50(10) the provisions of sub-section (2) and sub-sections (4) to (6)shall, so far as may be, apply to a reference made under sub-section(9)(11) an award made by a registrar in a reference made to him5 under sub-section (9) shall be final and shall not be called in question by any court in any manner whatsoever"12 in sub-section(2) of section 29 of the qrincipal act,-amend-ment ofsection 2910 (a) in clause (d) the word "and" occurring at the end shall beomitted; (b) clause (e) shall be re-lettered as clause (i) thereof andbefore clause (i) as so re-lettered, the following clauses shall beinserted, namely:- "( e) the information with respect to registered trade unionand the time within which such information may be sent undersub-section (5)' of section 28;(f)the procedure that may be followed by the registrarin-20(i) verifyingthe membershipof registeredtr ade unionsundersection 28a, or(ii) the adjudicationof any disputereferredtohimundersection 28c; (g) the ferm of an arbitration agreement, the manner inwhich it may be signed by the parties thereto and the powersof the arbitrator, arbitrators or umpire specified in the arbitra-tion agreement; (h) the manner in which parties to a trade union disputemay apply for adjudication of the dispute to the registrar undersub-section (9) of section 28c" 13 in chapter iv of the principal act, after section 30, the followingsection shall be inserted, namely:-insertionof newsection30a "30a (1) every regulation made by the central governmentunder this act shall be laid,' as soon as may be after it is made,regula;tions tobefore each home of parliament, while it is in session for a totalperiod of thirty days, which may be comprised in one session or intwo or more successive sessions, and if, before the expiry of the35be laidbeforeparlia-ment andstatelegisla-turessession immediately following the session or the successive sessionsaforesaid, both houses agree in making ~ny modification in theregulation or both houses agree that the regulation should not bemade, the regulation shall thereafter have effect only in suchmodified form or be of no effect, as the case may be; so, however,that any such modification or annulmentshall be withoutprejudiceto the validityof anythingpreviouslydone under that regulation (2) every regulation made by the state government underthis act shall be laid, as soon as may be after it is made, before thestate legislature"4514 in section 31 of the principal act-(a)in sub-section(1) ,-amendment ofsection 31(i)in theopening paragraph,for the words "five rupees",at both the places wheretheyoccur, thewords"twenty-fiverupees"shall be substituted;(it) in the proviso, for the words "fifty rupees", the words "five hundred rupees" shall be substituted; (b) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) any person who contravenes any of the orders, of the 5 registrar for verification of the membership of a registered trade union under section 28a shall be punishable with fine which may extend to five hundred rupees" amendment ot section 33 15 in section 33 of the principal act, in sub-section (1), for the words "presidency magistrate or a magistrate of the first class", the words io "metropolitan magistrate or a judicial magistrate of the first class" shall be substituted the trade unions act, 1926, provides for the registration of trade unions and for m~tters connected therewith the need for amending some of the provisions of the act has been under consideration for quite some time the national commission on labour also maqe a comprehensive rt!view of the act and recommended certain measures for checking multiplicity in the formation of trade unions, streamlining the procedure for registration, cancellation and re-registration of trade unions, setting up of a machinery for the resolution of trade union disputes, including intra-union rivalries, etc these matters were discussed at various forums in the light of these discussions, it is proposed to make the following amendments in the act, namely:-(i) to reduce multiplicity of uniow, it is proposed to change the existin~ provision of enabling any seven workmen to form a trade union by providing for a minimum qualifying membership of 10% of workmen (subject to a minimum of ten) employed in the establishment or industry where the trade union is proposed to function or hundred workmen, whichever is less, for the registration of +rade unions (iii) there is at present no machinery or procedure for the resolution of trade union disputes arising from inter-union and intraunion rivalries it is proposed to define the expression "trade union dispute" and to make provision for resolving such disputes through voluntary arbitration, or by empowering the appropriate government and the parties to the dispute to refer it to the registrar of trade unions for adjudication (iii) the act does not lay down any time-limit for registration of trade unions it is proposed to provide for a period of sixty days for the registration of trade unions by the registrar after a11 the formalities have been completed by the trade unions it is also proposed to provide that a trade union who$e certificate of registration has been cancelled would be eligible for re-registration only after the expiry of a period of six months from the date of cancellation of registration, subject to certain conditions being fulfilled by the trade union (iv) under the existing provisions of the act, 50% of the officebearers in the executive of a registered trade union shall qe persons actually engaged or employed in an industry with wjuch the trade union is connected it is proposed to enhance this limit to 75% &0 as to promote development of internal leadership (v) it is proposed to empower the registrars of trade unions to verify the membership of registered trade unions and connected matters and report the matter to the state and central governments (vii) penalties specified in the act for the contravention of its provisions are proposed to be enhanced 2 the bill seeb to achieve the above objects and to provide for certain other minor changes in the act new delm; the 6th february, 1982 bhagwat jha azad· memorandum regarding delegated legislationclause 10 of the bill seeks to amend section 28 of the trade unions act 1926 so as to insert a new sub-section (5) which empowers the , , registrar of trade unions to send to the state government and the central government or any authority specified by the state government or the central government a statement containing such information with respect to registered trane unions within such time as may be prescribed by regulations under the act clause 11 of the bill seeks to insert three new sections 2ba, 28b and 28c in the act which provide for the verification of membership of trade unions, voluntary reference of trade union disputes to arbitration and references of such trade union disputes to registrar of trade unions respectively under the proposed new section 28a, the registrar shall have the power to verify the membership of registered trade unions and matters connected therewith in such manner as may be prescribed by regulations and, for this purpose, the registrar shall kllow such procedure as may be prescribed by regulations the new section 28b, which empowers the parties to a trade union dispute to agree to refer such dispute to arbitration, requires such arbitration agreement to be in such form and to be signed by the parties in such manner as may be prescribed by regulations new section 28c empowers the registr-ar to follow such procedure as he thinks fit in adjudging the dilaputes referred to him the procedure that may be followed by the registrar will be subject to such regulations as may be made in this behalf it has also been provided that any person aggrieved by the award of the registrar in a reference may appeal to the court referred to in section 11 of the act within such period as may be prescribed by regulations the parties to a trade union dispute are also entitled to apply jointly or separately 'in th~ manner prescribed by regulations for adjudication of the dispute by the registrar section 29 of the act empowers the appropriate government to make regulations for the purpose of carrying into effect the provisions of the act clause 12 of the bill seeks to amend the said section 29 of the act to empower the appropriate government to make regulaticlns to provide for the above matters the delegation of legislative power under the aforementioned provisions relates to matters of procedure or administrative detail hence, the delegation of legislative power i~ normal in character i'fl '' '" - - - - an act to providp for the registration of trade unions and in certain respects t&"'<i8flnt the law relating" to regiatered tracie ttdioq whi:ri:as it is expedient to provide for 'the regibtratiolidt trade unions and in certain respects to define the law relating 'to registetw trade unions; it is hereby enacted as follows:-iii - '" - - 2 in this act "the appropriate government" means, in relation to deftni-trade unions whose objects are not confined to one state,the central ticms government, and in relation to other trade unions, the state government, &nd, unless there is anything repugnant in the subject or context,-'" '" - '" '" 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 employmentj or mode of reliatration (iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft - - - '" '" t (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 '" '" '" - '" 8 the registrar, on being satisfied that the trade union has complied reliitrawith all the requirements of this act in regard to registration, shal1 tlon register the trade union by entering in a register, to be maintained 1n such 'form as may be prescribed, the particulars relating to the trade union contained in the" statement accompanying the application for registration cancellation of re,iijtration - '" - - - to a certificate of registration of a trade union may be withdrawn or cancelled by the registrar-' - - - - " ' (b) if the registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the tnl~ union has ceased to exist or has wilfuuy and after notice from ttu~ jlegistrar colltr(l-i) - vened 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: ~ovided that not less than two mpjiths' &>revious notice in writing specifying the grounci on which it is proposed to withdravv or cancel the -certificate shall be giv~n by the registrar to the 'l'tade' union before the certificate is withdrawn or canceiiedotherwise than on the application of the trade union - - - - - 21a -(i) n-,ws«m -u 'be :dijquawied·bii' ,~ ahomd ,~ for beiqg, a- me~ ~ the executive or any ~ther oftlce-bearer of _ register~ tj'ade uaion if-- - - - - 22 not less than onehal1 of the total number of the office-bearers ot every l'egistered trade unlbtl shall be pertlohs actually dpd or employed in an indu!try with 1vh1ch the 'n'ade union is cohheeted: diaqualifications of officebearers of trade unions propor-tion of offtcebearers to be connected with the industry provided that the appropriate ggvernment may, by special or general order, declare that the provtsions of this eection shall mt apply to any trade union or clua of trade unions specified in the order - - - - - 21 (1)' - - - - - power to make regulations (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, hamely:- - (d) the conditions subject to whi<:h inspection of documents kept by registrars shall be allowed and the fees which shall be chargeable in respect of such inb;lections; and - - - - failure to au'bint returns 31 (1) if default il made on the part of any reliltered trade union in living any notice or aendinj any 8\a~ment or other tlocument as required by or udder any provision of th1b ad, every oftke-bearer or other perloll bowld by the nle8 of the trade udion to live 01" &end the same, or, if there is no su<:h oftice-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 ease of a contfl'luing default, with an additicmal fine which may extead to bve rupees for each week aft« the first during which the default continues: coenizanceof o:irencea provided that the aggregate fine shall not exceed fifty rupees - - - - • (~) no aow1 illtrlor to that of a prelldtl\oy magiltrate or a i&flattatet of the tltst hall try afty ofttnoe un_ tbfi ailt - - - - - a bill further to amend the trade unions act, 1926 (shri bh4gwat jh4 azad, mitauteto of state c1f the ministry c1f lalioor)

Parliament_bills

bda69b73-a710-55b1-927b-2bae9873fdf4

2015 dk foès;d la[;kad 289[fn dkwihjkbv ¼vesamesav½ fcy] 2015 dk fgunh :ikarj]jh izgykn osadvs'k tks'kh] laln lnl;dk izfrfyi;fèdkj ¼la'kksèu½ foès;d] 2015izfrfyi;fèdkj vfèfu;e] 1957 dk vksj la'kksèu djus ds fy, foès;d hkkjr xkjkt; ds fn;klbosa o"kz esa laln }kjk fueufyf[kr :i esa ;g vfèfu;fer gks%—1- ¼1½ bl vfèfu;e dk laf{kir uke izfrfyi;fèdkj ¼la'kksèu½ vf/kfu;e] 2015 gsalaf{kir uke vksj izkjahka¼2½ ;g ml rkjh[k dks izo`ùk gksxk tks dsunzh; ljdkj jkti`= esa vfèlwpuk }kjk fu;r djsa/kkjk 52 dk la'kks/kua1957 dk 1452- izfrfyi;fèdkj vfèfu;e] 1957 esa] èkjk 52 esa] mi&èkjk ¼1½ esa] [km ¼fk½ ds lfkku ij fueufyf[kr [km var%lfkkfir fd;k tk,xk] vfkkzr~%μ^^¼fk½ fdlh hkh ljdkjh dk;ks± dh d`fr dk iquriknu] tulkèkjk dks lalwfpr djuk;k izdk'ku tc rd fd ,slh d`fr dk iquriknu ;k izdk'ku ;fkkflfkfr ljdkj] u;k;ky;] vfèdjk ;k vu; u;kf;d izkfèdjk] }kjk izfrf"k) ugha fd;k x;k gsaa mís';ksa vksj dkjkksa dk dfkuizfrfyi;fèdkj vfèfu;e] 1957 bl vfèfu;e dh èkjk 17¼?k½ ds lkfk ifbr èkjk 2¼v½ds vkèkj ij ljdkj ;k fdlh hkh fohkkx] fdlh hkh foèkueamy] ;k fdlh hkh u;k;ky;] vfèdjk ;k vu; u;kf;d izkfèdjk ds funs'k ;k fu;a=k ds vèhu fd, x, lhkh ljdkjh dk;ks± dh d`fr dk lokfero ljdkj dks iznku djrk gsa;g vfèfu;e viokn ds :i esa dqn ljdkjh dk;ks± dh d`fr ds ,d vr;yi lewg dk micaè djrk gs ftls vfrya?ku ugha ekuk tkrk gsa rfkkfi] ljdkj us ljdkjh dk;ks± dh d`fr ij vius izfrfyi;fèdkj dk izk[;ku ugha fd;k gs] hkys gh ;g okfkft;d iz;kstuksa ds fy, gh d;ksa u gksaizfrfyi;fèdkj nsus dk fofè'kkl= vkffkzd&izksrlkgu fl)kar vksj lokhkkfod vfèdkj fl)kar nksuksa fl)karksa ij vkèkfjr gsa igyk fl)kar izfrfyi;fèdkj dks ys[kd dks d`fr ds l`tu ds fy, ,d iqjldkj ds :i esa u;k;ksfpr bgjkrk gs vksj ys[kd }kjk vfèd d`fr;ka l`ftr djus ds fy, ,d izksrlkgu@izsjd ra= ds :i esa dk;z djrk gsa nwljk fl)kar izfrfyi;fèdkj dks bl vkèkj ij u;k;ksfpr bgjkrk gs fd izr;sd o;fdr vius je dk qy izkir djus dk gdnkj gsa buesa ls dksbz hkh fl)kar ljdkj dks mlds dk;ks± dh d`fr ij izfrfyi;fèdkj vfèfn"v ugha djrk gsa ljdkj dks vius dk;ks± dh vfèd d`fr;ka l`ftr djus ds fy, fdlh vkffkzd izksrlkgu dh vko';drk ugha gs vksj u gh og vius je ds fy, gdnkj dksbz lokhkkfod o;fdr gsa oklro esa ljdkjh dk;ks± dh d`fr;ka turk ds ykhk ds fy, vksj turk ds lalkèuksa ls l`ftr dh tkrh gsaa blfy, turk dks ,slh d`fr;ksa dh vizfrcafèr igqap izkir djus dk vfèdkj gsaljdkj ds dk;ks± esa vfèd ikjnf'kzrk vksj lwpuk ds vfèd o;kid izlkj ds ;qx esa] ljdkjh dk;ks± ds d`r; ds vfrya?ku ds vr;yi viokn vi;kzir gsaa izfrfyi;fèdkj ,d vksifuosf'kd voèkjkk gs vksj blfy, vfrya?ku ds fy, vfhk;kstu ds hk; ds fcuk ljdkjh dk;ks± dh d`fr;ksa rd o;kid igqap vksj mlds iz;ksx dk micaè djus ds fy, izfrfyi;fèdkj vfèfu;e] 1957 dh èkjk 52¼1½ ¼fk½ ds vèhu micafèr vr;yi viokn ds fo"k;ksa dk folrkj fd, tkus dh vko';drk gsavr% ;g foès;d izlrqr gsaubz fnyyh(izgykn osadvs'k tks'kh18 uoecj] 2015 27 dkfrzd] 1937 ¼'kd½mikcaè izfrfyi;fèdkj vfèfu;e] 1957 ls m)jk¼1957 dk vfèfu;e la[;kad 14½¹ ¹ ¹ ¹ ¹52- ¼1½ fueufyf[kr dk;ks± ls izfrfyi;fèdkj dk vfrya?ku ugha gksxk] vfkkzr~%—¼fk½ fueufyf[kr dk iquriknu ;k izdk'ku—dfri; vf/kfu;eksadk izfrfyi;f/kdkjds vfrya?ku esa ugksuka ¼i½ fdlh foèkueamy ds vfèfu;e ls fhkuu dksbz fo"k; tks fdlh 'kkldh;jkti= esa izdkf'kr fd;k x;k gs( ¼ii½ fdlh foèkueamy dk dksbz vfèfu;e bl 'krz ds v/;èhu fd ,sls vfèfu;edk iquriknu ;k izdk'ku ml ij fdlh vhdk&fviikh ;k fdlh vu; eksfyd fo"k; dslfgr fd;k tkrk gs( ¼iii½ ljdkj }kjk fu;qdr fdlh lfefr] vk;ksx] ifj"kn] cksmz ;k osls gh fdlhvu; fudk; dh fjiksvz ;fn ,slh fjiksvz foèkueamy ds ivy ij j[k nh xbz gs rc dsflok; tc fd ,slh fjiksvz dk iquriknu ;k izdk'ku ljdkj }kjk izfrf"k) fd;k x;k gs( ¼iv½ fdlh u;k;ky;] vfèdjk ;k vu; u;kf;d izkfèdkjh dk dksbz fukz; ;kvkns'k rc rd tc rd fd,sls fukz; ;k vkns'k dk iqu:riknu ;k izdk'ku] ;fkkflfkfr],sls u;k;ky;] vfèdjk ;k vu; u;kf;d izkfèdkjh }kjk izfrf"k) dj fn;k x;k gs(¹ ¹ ¹ ¹ ¹—————izfrfyi;fèdkj vfèfu;e] 1957 dk vksj la'kksèu djus ds fy, fo/ks;d—————¼jh izgykn osadvs'k tks'kh] laln lnl;½

Parliament_bills

56e96231-ed26-5d90-a98e-4f548fdbc716

corrigel~dum to tlfe appropriation (vote on account) bill, 1969 (to be/as ;introduced in lot ~abha)1 - page 6, line 5, column 3,-m "votal" read "'i' otal" new deliii; march 12 1969 phalguna 21, 1890 (saka) bill no 21 of i'" the appropriation (vote on account) bill 1969a bill to provide jor the withdrawal of certain 6uma from and out of 'h consolidated fund of india for the services of a part of the financial year 1969-70 be it enacted by parliament in the twentieth year of the republic of india as follows:-1 this act may be called the appropriation (vote on account) act, short 1969 title s 2 from and out of the consolidated fund of india there may be with-withdradrawn sums not exceeding those specified in column 3 of the schedule 3 w;~ ~ :: amounting in the aggregate to the sum of three thousand one hundred and o~o fr~ , seventy-three crores, thirty-two lakhs and ninety-two thousand rupees and out towards defraying the several charges which will come in course of pay- of the 10 ment during the financial year 1969-70 consolidatedf'un4 ot india tor the financial yelll' 1909_ 70 prtation 3 the bums authorised to be withdrawn from apd out of the consoli: dated fund by this act shall be appropriated for the, servic~ and purposei expressed in the schedule in relation to fuesaid yeai'~ the schedule (see sections 2 and 3)i 2 3 ----------------~------------~-----------no i sums not escec:did, 5 of services and purposes total vote voted by charged on parliament \ the consolidated fund ri 10 i ministry of defence 2 1,4j,000 defence servicc6, effective -army 3 defence services, i1ffectivc-navy 7,000 4 is 17,000 defence services, efc:ctive-air force defence serviccl, non-effective 6 ministry of education youth services and 7 education 10,04,39,000 ii archaeology 26,93,000 9 survey of india 95,2s,000 10 grants to council of scientiftc and industrial relearch 1 i other revenue expenditure of the ministry of education iuid youth servicea 12 external aft'ain 30 4,17,21,000 4,17,21,000 13 other revenue expenditure of the ministry of external aft'ain si,66,ooo ,1,66,000 14 ministry of finance 1,38,24000 8,000 138,16,000 is customs 8,000 2,69,77,000 269,69 ,0 co 16 union excite dutiel 35 17 31,000 taxes on income includin, corporation tax, etc 88,88,000 stamps 18 8,05,000 4,32,31,000 4,24,26,000 19 audit 2,9210,000 20 currency and coinage 55,06,000 21 mint 1,12,6s,000 22 kolar gold mines 2,01,77,000 23 pensions and other retirement benefits 24 opium 45 15 50,000 other revenue expenditure of the ministry of finance 26 69,53,86,000 grants-in-aid to state and union territory governmenu so miscel1aneoui adjustmenta between the ceiiiral and state and union territory 6,48,000 govcmmcnu 6048,000 -,--------:--~:-------------| i | 2 ||----------------------------------------------------------|-----------------------|| 3 | || ----------------------\-------------------------------- | || no | sums || of | services and purposes || 1----------1 | \-- || vote | voted || by | \ || chaqed | on || parliament | || qanlolidated | || total | || 5 | || fund | || pre-partition paynlents | || 28 | || rs | || 1,01000 | || as | || 30,000 | || rs | || 1,31,000 | || 10 | || chailgbd-interest | || on debt | || and other | obu,ations || and | || reduction or | afjoidanu || of | dtbt || 93,97,68,000 | || 93,9768,000 | || charged | || -payments | of || starts' | share || excis, | dutus || 29 | || ministry | of | food, agriculture, ||------------------|-----------------------|-----------------------|| community | | || development | | || and co-operation | | || 31,65,000 | | || agriculture | | || 1,77,00,000 | | || 30 | | || 31 | | || paymenu | | || to t | | || ndian council | | || of | agricultural rceearch | - || 2,,8,34,000 | | || 20 | | || 2,8,34000 | | || 32 | | || forest | | || 2968,000 | | || 29,68,000 | | || !l3 | | |7,60,16,000 other revenue expenditure of the: ministry of food, agriculture, community development and co-optration 34 midiltry of porc:ip anti supplv trade 23,33000 23,33,000 suppl1es add disposals 7i,oi,000 7108,000 poreip trade 1'047'76,000 30 1504776000 37 0cber revenue: bxpenditurc of the ministry of foreign trade and supply 1,24,80,000 1024>80,000 12,0,,000 miniatry of health and family planning and works, houling and urban development 12,05000 medical and publicjhealth 3,99,94,000 39994000 39 public worb 6,77,92,000 6,84>'4,000 0 40 station:ry and printine ',000 2,37,02,000 41 p other revenue: expenditure ef the ministry of health and family plannilli and works, houaine and urban development 4,,02,000 45 ministry of home affai1'1l 29,19,000 ii, 11,000 cabinet administration of justice 41,000 9,66,02,000 police 966,02,000 26,31,000 47 cenius 48 statistics '0191',000 t,¥)16,ooo 55 49 1 priyy pui'm'i and auowanc:ea of indian rulen i no sums not exceeding of services and purpoes vote voted by charged on the i parliament consolidated total 5 fund --rs rs rs ,0 territorial and politic:al pedaion! 3,16,000 3,16,000 51 delhi 7,21,65,000 3~000 7,2~,07;oco 10 ,2 chandigarh 98,14,000 3,95,000 1,03,09,000 53 addaman and nicobar islands 1,30,71,000 1,30,71,000 54 tribal areas 4,:34,07,000 424,07,000 ss dadra and nagar haveji area 10,71,000 10,71,000 ,6 laccadlve, minic:oy and 20,16,000 amindivi islands 20,16,000 15 ''1 other revenue expenditure of the ministry of home 1,86,73,000 aft'ain 1,86,73,000 21) 58 ministry of industrial de--ve1opment, intemal trade and company affain 14>49,000 14,49,000 '9 industries 81,19,000 1,67,000 82,86,000 60 salt 10,72,000 1072,000 25 61 other revenue expenditure i of the mlniatry of industrial development, internal trade and company 2,48,26,000 - affain 2>48,26,000 62 mfnhtry of infonnadon and bi'oidc:aating 3,97,000 3,97,000 30 63 bl'oidcutin, 1,98,76,000 1,98,76,000 64 other revenue &penditure of the ministry of infor-1,07,96,000 madon and broadc:uting 107>96,000 35 ~ 6, ministry of irrigation and 6,,2,000 i power 6,52,000 66 multi-purpose riter schemes 36,24,000 36,24,000 67 other regenue expenditure of the ministry of infption and power 1,51,30,000 157,30,000 68 ministry of labour, employment and rehabilitation 1412,000 14,12,000 69 dlrector-general, mines safety 9,71,000 9,71,000 45 70 labour and employment 2,7407,000 r,ooo 2,74,08,000 71 ~ on dfspllced 3,10,68,000 7,000 3,10,75000 50 72 other revenue hxpendituft of the ministry of labour, ~ejlt and rebab on imooo 1>44,000 73 miniitr7 of law ~ 1442,000 144%,,000 74 -other ileftnue ~ 33,71,000 5 p10f the"minittry 0 law -33,71,000 rt, 5 ------------__--- -__-- --------i :2 -no sums not exceeding of services and purposes vote voted by charged on the ~5 parliament consolidated voral fund -ri rs ri 7s ministry of petroleum and chemic:ala and mines and metals 8,74,000 874000 10 76 geological survey 1,68,56,000 168,56,000 77 other revenue expenditure of the ministry of petroleum and chemicals and mines and metals z,65,34,ooo j,ofio z,6s,37,ooo is 78 ministry of shipping and transport 2344,000 · 23a40ooo 79 roads 3,33,63,000 8$,000 3,34>48,000 80 mercantile marine 49,61000 · 4961,000 8i lighthouses and lightships z4,oo,000 2400000 :ao 8z other reyenue expenditure of the ministry of shlppm, and transport rsis9,000 sis9,ooo 83 ministry of steel and heavy engineerina 3,80,000 · 3aoooo 25 84 other rcyenue bzpenditure of the minlitry of steel and heav)'~ 26,74000 " ~7040000 8s mlniatry of touriam and ci~n a-iatioq 393,000 3h3,ooo 30 86 meteorolog~ 78,33,000 78,33000 87 aviation 27124000 271,24,000 88 other revenue expenditure of the ministry of tourism 4601,000 and civil amtion 4601,000 3s 89 dtplrtment of atomic: enerl)' 701,000 7o1,otjo 90 other revenue expenditure of the department of atomic enetid' 3>42iaooo · 3042013,000 40 91 department of communicationa 3,17000 3,17000 92 overseas communicatio service 47,1000 47,1,000 93 polti and tel~pha (wort-45 ina bxpenaea - - 36,13,84,000 8000 3613,86,000 94 poats and tdcgraplla-i)ft1dend to genen! revenues, ap~priadod to reacrve fild and repay 50 menta of loana from gonen! rcftdua s66,25,ooo 5,6625,000 9s other revenue expeadlture of the dcputtnlldt of communicatiodl 6,27poo ~,oao 55 96 department of parliamentary affain 152000 1,52,000 1 3 ~i no services and purposes sums not exceeding of voted by charged on the vote parliaolent consolidated total s fund -rio ra ri 97 d~ent of social wdare 0 3,30,000 3,30,000 98 other revenue expendi-10 lure ,of the department of social welfare 0 0 75,66,000 8,000 75,74000 99 piannin& commission :16,3:1,000 00 36,32,000 100 lot sibbs 31,35,000 x"ooo 31>49,000 101 rajyi sbha 12,94,000 x:i,ooo 13,06,000 [5 cllarobd-stqff, hous,hold , a1ul aiidni~ of 1m pruidln, 6,66,000 6,66,000 101 sec:retariat of the vice-prealdent 50,000 50,000 20 cllaroed-union pub/i& smjic, commisrio, 00 15,89,000 1,89,000 - 103 defence capital outlay 21,83,67,000 1,67,000 31,8534,000 104 capital outlay of the minis-:as try of education and youth services 1,:up9,ooo 1,21,09,000 105 capital outlay on the india security preas ii09,ooo ii ,09,000 106 capital outlay on currency and coinage 0 2,59,37,000 2,59,37,000 30 107 capital outlay on minta 8,38,000 8,38,000 108 ca~ outlay on kolar ld mince 2098,000 20,98,000 109 commuted valac of penalons 1,00047,000 4/1,000 1,00,89,000 3s no 0thci capital outlay of the midlstry of finance 0 32,00,000 32,oa,000 iii ~tal outlay on grantl to tate govemmenu for detc10pmedt 5,83,01,000 5,83,01,000 40 112 loana and advanc:ea by the central governmetlt 90,62,42,000 i ,j7 ,8/,18,000 2,2844,3°,000 charoli'd-rfpo"-' of dlbl :11,:14,50,00,000 21,24,,0,00,000 u3 purchase of foodgmina and 67,20,3°,000 67,20047,000 45 fertilizers x7,ooo 114 other capital outlay of the ministry of food, agriculture, community development and ~peratiad 9>40,01,000 xi,ooo 9>40,19,000 50 lis capital outlay of the miniltry of foreign ttllde and 3477,000 supply 34077,000 116 delhi capital outlay 1,17,zs1,ooo $,11,000 1,22,67,000 117 ~oujlay on public 1,67,000 1,52,16,000 55 1,~a90000 1 2 3 | no | sums not | excecctidg ||---------------------------------|---------------------|---------------|| of | | || services and purpoles | | || - | | || vote | | || voted | | || by | | || charged | on | th || parliament | | || consolidated | total | || fund | | || 5 | | || ri | | || ri | | || ra | | || ils | | || other capital outlay | of | the || ministry | | || of | health | and || family | planning | || add | | || works, housing and urban | | || development | | || 3,31,63,000 | | || 3,31,63,000 | | || 10 | | || 119 | | || capital outlay in uuion tc-rri- | | || tories | | || and | | || tribal | areas | || 4,14,37,000 | | || jr,jo,doo | | || 4,65,87,000 | | || 120 | | || other capital outlay | | || of | | || the | | || ministry | of | home || main | | || 8,00,000 | | || 11,00,000 | | || i | | || s | | || 121 | | || capital outlay | of | the minis- || try | | || of | industrial develop- | || ment, internal trade and | | || company | | || main | | || 7739,000 | | || 77,39,000 | | || 122 | | || capital outlay | of | the ministry || of | information | || and | | || broad- | | || 20 | | || cutina | | || 86,34000 | | || 86340000 | | || 123 | | || capital outlay on multi-pur-- | | || pole | river schemes | || 3>41,76,000 | | || 3>4176,000 | | || 124 | | || otber capital outlay | of | the || 2 | | || ministry | | || of | irrigation and | || power | | || 4,02,31,000 | 4,02,31,000 | || 5 | | || i2s | | || capital outlay | of | the || ministry | | || of | labour, employment | || and | | || rehabilitation | | || 90,68,000 | | || :1,000 | | || 90,70,000 | | || 3 | | || o | | || 126 | | || capital outlay | of | the midis- || r~ | | || of | petroleum | || and | | || c emicals and mines | | || and | | || metala | | || 17,19,70,000 | | || 17,19,70,000 | | || 127 | | || capital outlay | on | roads || 7,77>47,000 | | || p,ooo | | || 7,77,88,000 | | || 3 | | || s | | || 128 | | || capital outlay | | || on | | || ports | | || l,oo,55,coo | | || 7j,000 | | || 1,01,30,000 | | || 129 | | || other capital outlay | of | the || miniatry | | || of | | || shippina | and | || transport | | || i,ii>43,ooo | | || 1,1143,000 | | || 130 | | || capital outlay | | || of | | || the | | || minis- | | || t:r? | | || of | steel and heavy | || en- | | || 28507$,000 | | || 2850,7s,000 | | || l1deering | | || | | || 13 | | || 1 | | || capital outlay | on | || aviadon | | || 213>42,000 | | || p,ooo | | || 2,1384poo | | || 132 | | || other capital outlay | of | the || ministry | | || of | | || tourism | | || and | | || 91,69,000 | | || civil aviation | | || 91,69,000 | | || 133 | | || capital outlay | of | the depart- || 7,6250,000 | | || - ment | of | atomic || energy | | || 7,62,so000 | | || 134 | | || cafital | outlay | on || poet | | || and | | || , | | || elesrapbs (not met from | | || revenue) | | || 9 | | || 6167000 | | || 96 | | || i | | || ,67,ooe | | || o | | || 135 | | || other capital outlay | of | the || department | | || of | | || comm~c:a- | | || 3 | | || 000 | | || 7$,00,000 | | || tioui | | || , | | || 7497,000 | | || grand | total | || 7>42,3399,000 | | || :l40jo,g893,ooo | | || 31,7332,92,000 | | || 5 | | || s | | | statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 116 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government, excluding railways, for a part of the financial year 1969-70 morarji desai presldent's recommendation under article 117 of thl constitution of india[copy of letter no i<'3(5)-bj69, dated the 7th march, 1969 from shri morarji desai, deputy prime minister and minister of finance to the secretary, lok sabha] the president having been informed ~1 the subject matter of the proposed bill to authorise payment and appropriation of certain sums fr~ ~nd out of the consolidated fuil'~ of india for the services of a part of the financial year 1969:70; recommends under article 117 (1) and (3) of the constitution of india read with article 116 (2) thereof, the intro· duction of the appropriation (vote oil account) bill, 1969, in the lok sabha and also the consi'cieration of the bill 2 the bill will be introduced in the lok sabha immediately after the demands for grants, 'on account' for expenditure of the central government (excluding railways) for the year 1969-70 have been voted a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1969-70 (shri morarji desai, depury prime minister am minister of finance)

Parliament_bills

d5793237-874a-59eb-8259-876c33ae451a

bill no 82 of 2019 the muslim women (protection of rights on marriage) bill, 2019 a billto protect the rights of married muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the muslim women (protection of rights on marriage)act, 2019short title, extent and commencement(2) it shall extend to the whole of india except the state of jammu and kashmir (3) it shall be deemed to have come into force on the 19th day of september, 2018definitions2 in this act, unless the context otherwise requires,—2 of 1974(b) "magistrate" means a judicial magistrate of the first class exercising jurisdiction under the code of criminal procedure, 1973, in the area where the married muslim woman resides; and5(c) "talaq" means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a muslim husband chapter ii declaration of talaq to be void and illegal10talaq to bevoid andillegal3 any pronouncement of talaq by a muslim husband upon his wife, by words,either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal4 any muslim husband who pronounces talaq referred to in section 3 upon his wifeshall be punished with imprisonment for a term which may extend to three years, and shall also be liable to finepunishment for pronouncing talaq chapter iii15 protection of rights of married muslim womensubsistence allowance205 without prejudice to the generality of the provisions contained in any other law forthe time being in force, a married muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the magistratecustody of minor children6 notwithstanding anything contained in any other law for the time being in force, amarried muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by themagistrate257 notwithstanding anything contained in the code of criminal procedure, 1973,—2 of 1974offence to be cognizable, compoundable, etc(a) an offence punishable under this act shall be cognizable, if informationrelating to the commission of the offence is given to an officer in charge of a police station by the married muslim woman upon whom talaq is pronounced or any personrelated to her by blood or marriage;30(b) an offence punishable under this act shall be compoundable, at the instanceof the married muslim woman upon whom talaq is pronounced with the permission ofthe magistrate, on such terms and conditions as he may determine;35(c) no person accused of an offence punishable under this act shall be releasedon bail unless the magistrate, on an application filed by the accused and after hearing the married muslim woman upon whom talaq is pronounced, is satisfied that there arereasonable grounds for granting bail to such personrepeal and savings8 (1) the muslim women (protection of rights on marriage) secondordinance, 2019 is hereby repealedord 4 of 201940ord 4 of 2019(2) notwithstanding such repeal, anything done or any action taken under the muslim women (protection of rights on marriage) second ordinance, 2019, shall be deemed to have been done or taken under the provisions of this act statement of objects and reasonsthe supreme court in the matter of shayara bano vs union of india and others and other connected matters, on the 22nd august, 2017, in a majority judgment of 3:2, set aside the practice of talaq-e-biddat (three pronouncements of talaq, at one and the same time) practiced by certain muslim husbands to divorce their wives this judgment gave a boost to liberate indian muslim women from the age-old practice of capricious and whimsical method of divorce, by some muslim men, leaving no room for reconciliation2 the petitioner in the above said case challenged, inter alia, talaq-e-biddat on the ground that the said practice is discriminatory and against dignity of women the judgment vindicated the position taken by the government that talaq-e-biddat is against constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the constitution the all india muslim personal law board (aimplb), which was the 7th respondent in the above case, in their affidavit, inter alia, contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat, but for the legislature to make any law on the same they had also submitted in the supreme court that they would issue advisories to the members of the community against this practice3 in spite of the supreme court setting aside talaq-e-biddat, and the assurance of aimplb, there have been reports of divorce by way of talaq-e-biddat from different parts of the country it is seen that setting aside talaq-e-biddat by the supreme court has not worked as any deterrent in bringing down the number of divorces by this practice among certain muslims it is, therefore, felt that there is a need for state action to give effect to the order of the supreme court and to redress the grievances of victims of illegal divorce therefore, to protect the rights of married muslim women who are being divorced by triple talaq, a bill, namely, the muslim women (protection of rights on marriage) bill, 2017, was introduced in, and passed by, the lok sabha on the 28th december, 2017 and was pending in rajya sabha4 the aforesaid bill proposed to declare the practice of triple talaq as void and illegal and made it an offence punishable with imprisonment up to three years and fine, and triable by a judicial magistrate of the first class it was also proposed to provide subsistence allowance to married muslim women and dependent children and also for the custody of minor children the bill further provided to make the offence cognizable and non-bailable however, apprehensions have been raised in and outside parliament regarding the provisions of the pending bill which enables any person to give information to an officer in charge of a police station to take cognizance of the offence and making the offence non-bailable5 in order to address the above concerns, it has been decided to make the offence cognizable, if the iniformation relating to the commission of an offence is given to an officer in charge of a police station by the married muslim women upon whom talaq is pronounced or any person related to her by blood or marriage it was also decided to make the offence non-bailable and compoundable at the instance of the married muslim woman with the permission of the magistrate, on such terms and conditions as he may determine6 as the bill was pending for consideration in rajya sabha and the practice of divorce by tripletalaq (ie, talaq-e-biddat) was continuing, there was an urgent need to take immediate action to prevent such practice by making stringent provisions in the law since both houses of parliament were not in session and circumstances existed which render it necessary for the president to take immediate action in the matter, the muslim women (protection of rights on marriage) ordinance, 2018 (ord 7 of 2018), with aforesaid changes was promulgated on the 19th september, 20187 in order to replace the said ordinance, the muslim women (protection of rights on marriage) bill, 2018 was introduced in lok sabha on the 17th december, 2018 and was passed by that house on the 27th december, 2018 however, the bill could not be taken up for consideration in rajya sabha and both houses were adjourned as both houses of parliament were not in session and the practice of divorce by triple talaq (ie talaq-e-biddat) was continuing, to give continued effect to the provisions of the aforesaid ordinance, the muslim women (protection of rights on marriage) ordinance, 2019 (ord 1 of 2019) was promulgated on the 12th january, 20198 subsequently, to replace the muslim women (protection of rights on marriage)ordinance, 2019, necessary official amendments to the muslim women (protection of rights on marriage) bill, 2018 were moved in rajya sabha however, the bill could not be taken up for consideration in rajya sabha and both houses were adjourned since both houses of parliament were not in session, to give continued effect to the provisions of the aforesaid ordinance, the muslim women (protection of rights on marriage) second ordinance, 2019 (ord 4 of 2019) was promulgated on the 21st february, 2019 thereafter, the sixteenth lok sabha was dissolved on the 25th may, 2019 and the muslim women (protection of rights on marriage) bill, 2017 and the muslim women (protection of rights on marriage) bill, 2018 pending in rajya sabha lapsed 9 accordingly, to replace the muslim women (protection of rights on marriage)second ordinance, 2019, the muslim women (protection of rights on marriage) bill, 2019 is being introduced in parliament10 the legislation would help in ensuring the larger constitutional goals of gender justice and gender equality of married muslim women and help subserve their fundamental rights of non-discrimination and empowerment11 the bill seeks to replace the aforesaid ordinancenew delhi;ravi shankar prasadthe 14th june, 2019———— a billto protect the rights of married muslim women and to prohibit divorce by pronouncing talaqby their husbands and to provide for matters connected therewith or incidental thereto————

Parliament_bills

b7846344-e210-5307-88d7-99bd29e2250a

bill no 55 of 2008 the workmen's compensation (amendment) bill, 2008 a billfurther to amend the workmen's compensation act, 1923be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the workmen's compensation (amendment) act,2008short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint8 of 1923amendment of long title2 in the long title to the workmen's compensation act, 1923 (hereinafter referredto as the principal act), for the word "workmen" the word "employee" shall be substitutedamendment of preamble3 in the principal act, in the preamble, for the word "workmen", the word "employee"shall be substitutedamendment of section 14 in section 1 of the principal act, in sub-section (1), for the word "workmen's", the word "employees'" shall be substituted5 throughout the principal act, for the words "workman" and "workmen" wherever they occur, the words "employee" and "employees" shall respectively be substituted, and such other consequential amendments as the rules of grammar may require shall also be madesubstitution of references to certain expressions by certain other expressions6 in section 2 of the principal act, in sub-section (1),—amendment of section 2(i) after clause (d), the following clause shall be inserted, namely:—'(dd) "employee" means any person who is—24 of 1989(i) a railway servant as defined in clause (34) of section 2 of the railways act, 1989, not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in schedule ii, or(ii) (a) a master, seaman or other member of the crew of a ship,(b) a captain or other member of the crew of an aircraft, (c) recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle,(d) recruited for work abroad by a company, and who is employed outside india in any such capacity as is specified in schedule ii and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in india, or(iii) employed in any such capacity as is specified in schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to an employees who has been injured shall, where the employee is dead, include a reference to his dependants or any of them';(ii) clause (n) shall be omitted7 in section 4 of the principal act,—amendment of section 4(i) in sub-section (1), after clause (b), explanation ii shall be omitted;(ii) sub-section (1a) shall be re-numbered as sub-section (1b) thereof, and before sub-section (1b) as so re-numbered, the following sub-section shall be inserted, namely:—"(1a) for the purposes of sub-section (1), the central government may, by notification in the official gazette, specify such monthly wage in relation to an employee as it may consider necessary"; (iii) in sub-section (4), for the words "two thousand and five hundred rupees", the words "not less than three thousand rupees or such sum, as the central government may, by notification in the official gazette, specify," shall be substitutedamendment of section 208 in section 20 of the principal act, in sub-section (1), after the words "appoint any person", the words "who is or has been a member of a state judicial service for a period of not less than five years or has been for not less than five years an advocate or a pleader" shall be inserted9 in the principal act, in schedule ii,—amendment of schedule ii(i) for the word, number, brackets and letter "section 2 (1) (n)", wherever theyoccur the word, number, brackets and letters "section 2(1) (dd)" shall be substituted;(ii) in item (i) for the words "employed, otherwise than in a clerical capacity or on a railway", the words "employed in railways" shall be substituted;(iii) in item (ii), the words "otherwise than in a clerical capacity" shall be omitted;(iv) in item (iii), the words "wherein or within the precincts whereof twenty or more persons are so employed" shall be omitted;(v) in item (v), the words "other than clerical work" shall be omitted; (vi) in item (vi),—(a) clause (b) shall be omitted;(b) in clause (c), the words, brackets and letter "or sub-clause (b)" shall be omitted; (vii) in item (x), the words "otherwise than in a clerical capacity" shall be omitted;(viii) in item (xiv), the words "otherwise than in a clerical capacity" shall be omitted;(ix) in item (xvi), the words "in which on any one day of the preceding twelve months more than twenty-five persons have been employed" shall be omitted;(x) for item (xviii) the following item shall be substituted, namely:—"(xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or"; (xi) in item (xix), the words "otherwise than in a clerical capacity" shall be omitted;(xii) in item (xxvi),—(a) in clause (a), the words "and in which on any one day of the preceding twelve months ten or more persons have been so employed" shall be omitted;(b) in clause (b), the words "in which on any one day of the preceding twelve months fifty or more persons have been so employed" shall be omitted; (xiii) in item (xxx), the words "otherwise than in a clerical capacity" shall be omitted;(xiv) in items (xl) and (xli), the words "in which on any one day of the preceding twelve months more than twenty-five persons have been employed" occurring at both items shall be omitted;(xv) the explanation occurring at the end shall be omitted statement of objects and reasonsthe workmen's compensation act, 1923 provides for payment of compensation to the workmen and their dependants in the case of injury by industrial accidents including certain occupational diseases arising out of and in the course of employment resulting in death or disablement the act applies to certain railway servants and persons employed in hazardous employments such as factories, mines, plantations mechanically propelled vehicles, construction work, etc, specified in schedule ii of the act however, the act is not applicable to the employees who are covered under the employees' state insurance act, 19482 the second national commission on labour set-up in the year 2002 has made recommendations relating to amendment of the workmen's compensation act, 1923 the recommendations have been examined in consultation with the concerned ministries/ departments/state governments/union territory administrations3 the salient features of the bill are as follows:—(1) it provides for substitution of the work 'workman' with the word 'employee'so that the act is applicable to all classes of employees and to make the expression gender-neutral(2) to re-name the workmen's compensation act, 1923 as the employees'compensation act, 1923(3) to omit restrictive clauses in schedule ii of the act, so as to make it more workers friendly(4) keeping in view the changing trend in the wage level of employees, it is proposed to have an enabling provision to revise the wage ceiling from time to time by the central government(5) to enhance the funeral expenses of the deceased workman from rs 2500/-to rs 3000/- and also to empower the central government to enhance such expenses from time to time(6) provision is being made so that persons who have a minimum qualification of not less than five years as a member of a state judicial service or not less than five years of experience as an advocate or a pleader shall be eligible to become the commissioner 4 the bill seeks to achieve the above objectsnew delhi;oscar fernandesthe 19th september, 2008 financial memorandumsub-clause (ii) of clasue 7 of the bill empowers the central government to revise the wage ceiling from time to time for calculation of maximum amount of compensation where death or permanent total disablement or permanent partial disablement results from the injury sub-clause (iii) of the bill, provides for the enhancement of the funeral expenses of the deceased workman from an amount of rs 2500 to rs 3000, and also empowers the central government to enhance such sum as the funeral expenses from time to time2 the above-mentioned proposals in their application to the workmen employed by the central government will involve increased expenditure from the consolidated fund of india by way of payment of compensation however, as compensation becomes payable only in the event of employment injury resulting in disablement or death, it is not possible to estimate in advance the amount of additional expenditure involved3 the bill does not involve any other expenditure whether recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (ii) of clause 7 of the bill seeks to specify such monthly wage in relation to an employee as the central government may, consider necessary for calculation of maximum amount of compensation similarly, sub-clause (iii) of the bill seeks to increase the funeral expenses from rs 2500 to rs 3000 or such sum, as the central government may specify, by notification in the official gazette2 the matters in respect of which the central government is empowered by notification to specify certain amounts are matters of administrative details or of procedure and it is not possible to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the workmen's compensation act, 1923 (8 of 1923) an act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident whereas it is expedient to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident; it is hereby enacted as follows:— chapter i preliminary 1 (1) this act may be called the workmen's compensation act, 1923 short title, extent and commencementdefinitions24 of 1989amount of compensation2 (1) in this act, unless there is anything repugnant in the subject or context,— (n) "workman" means any person who is—(i) a railway servant as defined in clause (34) of section 2 of the railways act, 1989 not permanently employed in any administrative, district or subdivisional office of a railway and not employed in any such capacity as is specified in schedule ii, or(ia) (a) a master, seaman or other member of the crew of a ship, (b) a captain or other member of the crew of an aircraft, (c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle,(d) a person recruited for work abroad by a company, and who is employed outside india in any such capacity as is specified in schedule ii and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in india, or;(ii) employed in any such capacity as is specified in schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependants or any of them 4 (1) subject to the provisions of this act, the amount of compensation shall be as follows, namely:— (a) where death results from the injury an amount equal to fifty per centof the monthly wages of the deceased wokman multiplied by the relevant factor;or an amount of eighty thousand rupees, whichever is more;(b) where permanent total disablement results an amount equal to sixty per centfrom the injury of the monthly wages of the injured wokman multiplied by the relevant factor;or an amount of ninety thousand rupees, whichever is more;explanation i— for the purposes of clause (a) and clause (b) "relevant factor" in relation to a workman means the factor specified in the second column of schedule iv against the entry in the first column of that schedule specifying the number of years which are the same as the completed years of the age of the workman on his last birthday immediately preceding the date on which the compensation fell dueexplanation ii— where the monthly wages of a workman exceed four thousand rupees, his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be four thousand rupees only; [10] m c(1a) notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to a workman is respect of an accident occurred outside india, the commissioner shall take into account the amount of compensation, if any, awarded to such workman in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the workman in accordance with the law of that country (4) if the injury of the workman results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the commissioner a sum of two thousand and five hundred rupees for payment of the same to the eldest surviving dependant of the workman towards the expenditure of the funeral of such workman or where the workman did not have a dependant or was not living with his dependant at the time of his death to the person who actually incurred such expenditure [10] m cappointment of commissioners20 (1) the state government may, by notification in the official gazette, appoint any person to be a commissioner for workmen's compensation for such area as may be specified in the notification [10] m c [see section 2(1) (n)] list of persons who, subject to the provisions of section 2(1)(n), are included in the definition of workmenthe following persons are workmen within the meaning of section 2(1)(n) and subject to the provisions of that section, that is to say, any person who is—(i) employed, otherwise than in a clerical capacity or on a railway, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or63 of 1948(ii) employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948, is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, whether or not employment in any such work is within such premises or precincts and steam, water or other mechanical power or electricial power is used; or(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises wherein or within the precincts whereof twenty or more persons are so employed;explanation— for the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected, with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or 35 of 1952(v) employed, in any mine as defined in clause (j) of section 2 of the mines act, 1952, in any mining operation or in any kind of work other than clerical work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or(vi) employed as the master or as a seaman of— (b) any ship not included in sub-clause (a), of twenty-five tons net tonnage or over; or(c) any sea-going ship not included in sub-clause (a) or sub-clause(b) provided with sufficient area for navigation under sales alone; or (x) employed, otherwise than in a clerical capacity, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or (xiv) employed, otherwise than in a clerical capacity, in connection with operation for winning natural petroleum or natural gas; or (xvi) employed in the making of any excavation in which on any one day of the preceding twelve months more than twenty-five persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or [10] m c(xviii) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve months twenty-five or more persons have been so employed; or(xix) employed, otherwise than in a clerical capacity, in the generating, transforming transmitting or distribution of electrical energy or in generation or supply of gas; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,—(a) any warehouse or other place in which goods are stored, and in which on any one day of the preceding twelve months ten or more persons have been so employed; or(b) any market in which on any one day of the preceding twelve months fifty or more persons have been so employed; or (xxx) employed, otherwise than in a clerical capacity, in the construction, working, repair or maintenance of a tube-well; or (xl) employed in cleaning of jungles or reclaiming land or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or(xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or explanation— in this schedule, "the preceding twelve months" relates in any particular case to the twelve months ending with the day on which the accident in such case occurred ———— a billfurther to amend the workmen's compensation act, 1923————

Parliament_bills

4c474f21-f355-5737-9750-680ac143103c

bill no i of 2015 the cow and other milch animals (prohibition of slaughter, cruelty and other provisions) bill, 2015 a billto provide for the prohibition of slaughter of cow and its progeny and other milch animals forconsumption of meat or its export or for any other purpose and prevent cruelty and infliction of trauma, pain or suffering on animals and for humane approach towards them through welfare measures and the well being of animals and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the cow and other milch animals (prohibition of slaughter, cruelty and other provisions) act, 2015short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "animal" includes all domestic animals such as cow and its progeny, buffalo, goat, sheep, camel, horse etc and captive animals or performing animals and stray animals;(b) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government;5(c) "local authority" includes a municipal committee, corporation, council by whatever name called, district board, cantonment board or any authority for the time being entrusted by law with the control and administration of any matters within a specified local area;(d) "owner" used with reference to an animal includes not only the owner of the animal but also any other person for the time being in possession or custody of the animal whether with or without the consent of the owner;10(e) "performing animal" means an animal which is used at or for the purpose of any entertainment, display, sport, cinematograph film and animal shows like equine events, dog shows, etc;(f) "phooka or doomdev" includes any process of introducing air or any substance into the female organ of a milch animal with intention of drawing off from the animal any secretion of milk;15(g) "prescribed" means prescribed by rules made under this act; (h) "society" means a society established for animal welfare and for the prevention of cruelty, pain or suffering to animals and recognised by the appropriate government under this act;20(i) "street" includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not to which the general public have access;(j) "welfare organization" means an animal welfare organization which is registered with and recognised by the appropriate government253 (1) notwithstanding anything contained in any other law for the time being in force or contrary to food habits or religious belief, the slaugthter of cow and its progeny and all other milch animals is hereby prohibited in any manner whatsoeverprohibition of slaughter of cow and its progeny and other milch animals(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this act304 (1) it shall be the duty of every person having the care or charge of any animal, whether as owner or otherwise, to ensure the welfare and well being of such animal and to prevent the infliction of trauma, pain or suffering upon such animal and in particular shall ensure that the animal in his care or under his charge,—duties of persons having charge of animals or otherwise(a) does not face thirst, hunger and malnutrition; (b) does not face discomfort due to vagaries of nature and environment;35(c) does not suffer from pain, injury and disease; (d) is free to express normal behaviour including reproduction of the species;and(e) is free from fear and distress40(2) it shall be the duty of the general public not to inflict injury and pain to any animal in any manner whatsoever and bring to the notice of the board or society or welfare organization about any injured, ill or incurably ill animal in the street for taking care of such animal;(3) the practice of phooka or doomdev or by whatever name called and giving injection of octocin or any other medicine to a milch animal for drawing secretion of milk from such animal is hereby prohibited45(4) whoever contravenes the provisions of sub-section (3) shall be guilty of an offence under this actpenalty5 (1) whoever,—5(i) kills or slaughter a cow or its progeny or any other milch animal either for consumption of its meat or to export its meat or for any other purpose including rituals shall be punishable with imprisonment for a term which shall not be less than five years but may extend to ten years and also with fine which may extend to two lakh rupee;1015(ii) beats, kicks, overrides, overdrives, overloads, tortures or otherwise treats any animal so as to subject it to trauma, pain or suffering or employs the animal in any work or labour or for any purpose without adequate rest, food or water or the animal by reason of its age or any disease, infirmity, wound, sore or other cause is unfit to be so employed or wilfully administers any injurious drug or injurious substance to any animal or keeps any animal chained or tethered with a short or heavy chain or cord, or hobbles the legs of the animal or confines in a cage or other receptacle or mutilates an animal in any manner including ear cropping, tail docking, defanging, declawning, branding, piercing in any manner shall be punishable with imprisonment which shall not be less than two years but may extend to five years and also with fine which may extend to rupee one lakh(iii) being the owner of an animal,—(a) neglects to exercise or cause to be exercised or keeps the animal habitually chained up or in close confinement; or20(b) fails to provide such animal with sufficient food, drinking water or shelter; or(c) abandons the animal in circumstances which render it likely that it will suffer trauma, pain or suffering by reason of relocation, starvation, thirst, injury or illness; or25(d) wilfully or negligently permits any animal to go at large in any street or permits any diseased or disabled or injured animal to die in any street;shall be punishable with imprisonment which shall not be less than one year but may extend to three years and also with fine which may extend to fifty thousand rupee;(iv) solely with a view to provide entertainment,—30(a) confines or causes to be confined any animal including tying of an animal as a bait so as to make it an object of prey for any other animal; or(b) incites any animal to fight any other animal or any human being or organizes or participates or acts in the management of animal figthing; or(c) promotes or takes part in any shooting match or competition whereinanimals are released from captivity for the purpose of such shooting; or35(d) organizes, participates, promotes or in any manner is associated with any sport or activity involving the use of animals where such animals are subjected to cruetly either during the sport or activity itself or while in training;40shall be punishable with imprisonment which shall not be less than three years but may extend to five years and also with fine which may extend to two lakh rupee45(v) skins or roasts or kills for superstition or extracts parts of any live animal through a procedure that causes pain and suffering, for the purpose of getting skins, oils or other animal products or dynamites or electrifies stream, river or other waterbody or a fence for catching or killing an animal shall be punishable with imprisonment which shall not be less than two years but may extend to five years and also with fine which may extend to one lakh rupee;(vi) performs upon any cow or other milch animal the operation phooka or doomdev or any other operation including injection of octacin or of any substance to improve lactation which is injurious to the health or the animal, or permits such operation being performed upon any such animal in his possession or under his control shall be punishable with imprisonment which may extend to one year and also with fine which may extend to fifty thousand rupee (2) nothing in this section shall apply to,—5(a) the dehorning of, nose roping castration of any animal provided it is performed by a veterinary surgeon in such manner as may be prescribed;(b) the extermination or destruction of an incurable ill animal in such manner as may be prescribed10offences bycompanies6 where an offence against this act or rules framed thereunder has been committedby a company, every person who, at the time the offence was committed, was incharge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:15provided that nothing contained in this section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offece207 the appropriate government shall recognize societies, gaushalas, welfare organization etcfor the treatment and care of animals and work as a bridge between the appropriate government, local authority and other authorities concerned with the animals in such manner as may be prescribedrecognition of societies, welfare organizations etc miscellaneous provisions8 (1) no person shall carry on the business of breeding or selling of any animal otherthan in the manner prescribed by the rules made under this act25(2) no person or institution shall perform an experiment on animals unless permitted by the appropriate government in such manner as may be prescribed30(3) any police officer above the rank of head constable or any person authorized by the appropriate government in this behalf, who has reason to believe that an offence against this act has been or is being committed in respect of any animal may, if in his opinion the circumstances so require,seize the animal and produce the same for examination by the nearest magistrate or by such veterinary officer as may be prescribed, and such police officer or authorized person may, while seizing the animal, require the person incharge thereof to accompany it to the place of examination35(4) the appropriate government shall, by general or special order, authorise the detention of animals in respect of which offences against this act have been committed in any infirmaries, society, gaushalas, animal welfare organization, etc pending its production before a magistrate and the cost of transporting the animal thereto and of the maintenance and treatment at such places shall be payable by the owner of the animal and any amount payable by an owner may be recovered in the same manner as an arrear of land revenue40(5) where in any proceedings for an offence against this act it is established that a person has in his possession, custody or control, an animal which is injured or wounded or mutilated or being experimented upon or which has been killed or has in his possession the skin of an animal or any part of the animal, it shall be presumed that such person has treated the animal with cruelty until the contrary is proved and the burden of proving which shall lie on the accused2 of 197445cognizability of offences9 notwithstanding anything contained in the code of criminal procedure 1973, an offence under this act shall be a congizable offence within the meaning of that codeact to have overriding effect10 the provisions of this act and of any rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoperation of other laws not barred11 nothing in this act shall be deemed to prevent any person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence against this act or from being liable under such other law to any higher punishment or penalty than that provided by this act545 of 186012 every person authorized by appropriate government under this act shall be deemedto be a public servant within the meaning of section 21 of the indian penal code, 1860 and no suit, prosecution or other legal proceeding shall lie against him in respect of anything in good faith done or intended to be done under this actperson authorized to be public servant and indemnity provision13 the central government shall, after due appropriation made by law by parliament in this behalf, provide requisite funds for carrying out the purposes of this act10central government to provide funds power tomake rules14 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsour country till recently had the largest number of animals in the world and it is one of the largest producer of milk in the world but the number of animals is going down rapidly alongwith milch animals as such there is a mismatch between the production of milk and per capita consumption of milk in the country whereas the population of the country in increasing manifold the population of milch animals is on the decline this mismatch has resulted in short supply of milk and its prices have increased manifold in the recent past making this commodity out of the reach of the poor people and the worst sufferers are children who are not getting milk resulting in their malnutrition taking advantage of shortage of milk in the country the unscrupulous and anti social people are producing synthetic milk on a very large scale and endangering the health and the lives of the unsuspecting people this situation has to be tackled on priority and one way to do this is to impose a blanket ban on the slaughter of milch animals in the country which are slaughtered to consume their meat and also to export the meat to earn foreign exchange at the cost of poor children who are not getting milk essential for their healthfrom the ancient times cow is called goumata and is worshipped particularly by the hindus in the country not only the cows milk is consumed by the people and more so by the children even the cows urine is used for medicinal purposes in various parts of the country its progeny when grows as bull helps the farmers in cultivating their fields and grow cereals for the human consumption and the industry cowduing is used to make manure in rural india since cow is worshipped there is a long pending demand of most of the hindus in the country to impose a blanket ban on the slaughter of cows and its progeny in the country religious leaders sadhus, saints and various political parties have consistently demanded ban on slaughter of cow and its progeny hence, it has become necessary to ban the slaughter of cows and its progeny throughout the country showing respect to the sentiments of majority of the peopleof late, cruelty against animals in the country has risen manifold people do not hesitate kicking and inflicting injuries on animals and more so on stray animals even the owners of milch animals after extracting their milk leave them to roam on the streets and roads and these hungry animals can be seen searching food in garbage and loitering on the roads causing road accidents in which they too are hurt and wounded in this bill various forms of cruelty have been eleborated cruelty against animals must be stopped with a heavy hand by imposing tough penalties and fines on the offenders and humane approach should be adopted towards the animalshence, this billraj kumar dhoot financial memorandumclause 13 of the bill makes it mandatory for the central government to provide requisite funds for carrying out the purposes of the bill it is not possible to quantify the amount at this juncture but if, the bill is enacted, it will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees ten thousand crore may involve as recurring expenditure per annuma sum of rupees twenty five thousand crore may also involve as non recurring expenditure from the consolidated fund of india memorandum regarding delegated legislationclause 14 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the prohibition of slaughter of cow and its progeny and other milch animals for consumption of meat or its export or for any other purpose and prevent cruelty and infliction of trauma, pain or suffering on animals and for humane approach towards them through welfare measures and the well being of animals and for matters connected therewith or incidental thereto————(shri rajkumar dhoot, mp)

Parliament_bills

85b696b2-2761-5b94-8c96-cb375a3a7f6a

the banning of unregulated deposit schemes bill, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii banning of unregulated deposit schemes3 banning of unregulated deposit schemes 4 fraudulent default in regulated deposit schemes 5 wrongful inducement in relation to unregulated deposit schemes 6 certain scheme to be unregulated deposit scheme chapter iii authorities7 competent authority 8 designated court chapter iv information on deposit takers9 central database10 information of business by deposit taker 11 information to be shared chapter v restitution to depositors12 priority of depositors' claim 13 precedence of attachment 14 application for confirmation of attachment and sale of property 15 confirmation of attachment by designated court 16 attachment of property of mala fide transferees 17 payment in lieu of attachment clauses18 powers of designated court 19 appeal to high court 20 power of supreme court to transfer cases chapter vi offences and punishments21 punishment for contravention of section 3 22 punishment for contravention of section 4 23 punishment for contravention of section 5 24 punishment for repeat offenders 25 offences by deposit takers other than individuals 26 punishment for contravention of section 10 27 cognizance of offences chapter vii investigation, search and seizure28 offences to be cognizable and non-bailable 29 competent authority to be informed of offences 30 investigation of offences by central bureau of investigation 31 power to enter, search and seize without warrant 32 application of code of criminal procedure, 1973 to proceedings before designatedcourt chapter viii miscellaneous33 publication of advertisement of unregulated deposit scheme 34 act to have overriding effect 35 application of other laws not barred 36 protection of action taken in good faith 37 power of central government to make rules 38 power of state government, etc, to make rules 39 laying of rules 40 power to amend first schedule 41 act not to apply certain deposits 42 amendment to certain enactments 43 power to remove difficulties 44 repeal and savingthe first schedule the second schedule bill no 182 of 2019 the banning of unregulated deposit schemes bill, 2019 a billto provide for a comprehensive mechanism to ban the unregulated deposit schemes, other than deposits taken in the ordinary course of business, and to protect the interest of depositors and for matters connected therewith or incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—(1) "appropriate government" means in respect of matters relating to,—(i) the union territory without legislature, the central government; (ii) the union territory of puducherry, the government of that union territory;5(iii) the union territory of delhi, the government of that union territory; and(iv) the state, the state government;1018 of 2013(2) "company" shall have the same meaning as assigned to it in clause (20) of section 2 of the companies act, 2013;(3) "competent authority" means an authority appointed by the appropriate government under section 7;15(4) "deposit" means an amount of money received by way of an advance or loan or in any other form, by any deposit taker with a promise to return whether after a specified period or otherwise, either in cash or in kind or in the form of a specified service, with or without any benefit in the form of interest, bonus, profit or in any other form, but does not include—10 of 1949(a) amounts received as loan from a scheduled bank or a co-operative bank or any other banking company as defined in section 5 of the banking regulation act, 1949;202 of 193425(b) amounts received as loan or financial assistance from the public financial institutions notified by the central government in consultation with the reserve bank of india or any non-banking financial company as defined in clause (f) of section 45-i of the reserve bank of india act, 1934 and is registered with the reserve bank of india or any regional financial institutions or insurance companies;30(c) amounts received from the appropriate government, or any amount received from any other source whose repayment is guaranteed by the appropriate government, or any amount received from a statutory authority constituted under an act of parliament or a state legislature;3542 of 1999(d) amounts received from foreign governments, foreign or international banks, multilateral financial institutions, foreign government owned development financial institutions, foreign export credit collaborators, foreign bodies corporate, foreign citizens, foreign authorities or person resident outside india subject to the provisions of the foreign exchange management act, 1999 and the rules and regulations made thereunder;(e) amounts received by way of contributions towards the capital by partners of any partnership firm or a limited liability partnership;40(f) amounts received by an individual by way of loan from his relatives or amounts received by any firm by way of loan from the relatives of any of its partners;(g) amounts received as credit by a buyer from a seller on the sale of anyproperty (whether movable or immovable);(h) amounts received by an asset re-construction company which isregistered with the reserve bank of india under section 3 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;(i) any deposit made under section 34 or an amount accepted by a political party under section 29b of the representation of the people act, 1951;43 of 19515(j) any periodic payment made by the members of the self-help groupsoperating within such ceilings as may be prescribed by the state government or union territory government;(k) any other amount collected for such purpose and within such ceilings as may be prescribed by the state government;(l) an amount received in the course of, or for the purpose of, business and bearing a genuine connection to such business including—10(i) payment, advance or part payment for the supply or hire ofgoods or provision of services and is repayable in the event the goods or services are not in fact sold, hired or otherwise provided;15(ii) advance received in connection with consideration of animmovable property under an agreement or arrangement subject to the condition that such advance is adjusted against such immovable property as specified in terms of the agreement or arrangement;(iii) security or dealership deposited for the performance of thecontract for supply of goods or provision of services; or20(iv) an advance under the long-term projects for supply of capitalgoods except those specified in item (ii):provided that if the amounts received under items (i) to (iv) become refundable, such amounts shall be deemed to be deposits on the expiry of fifteen days from the date on which they become due for refund:25provided further that where the said amounts become refundable,due to the deposit taker not obtaining necessary permission or approval under the law for the time being in force, wherever required, to deal in the goods or properties or services for which money is taken, such amounts shall be deemed to be depositsexplanation—for the purposes of this clause,—3018 of 2013(i) in respect of a company, the expression "deposit" shallhave the same meaning as assigned to it under the companies act, 2013;2 of 193435(ii) in respect of a non-banking financial company registeredunder the reserve bank of india act, 1934, the expression "deposit" shall have the same meaning as assigned to it in clause (bb) ofsection 45-i of the said act;9 of 1932(iii) the expressions "partner" and "firm" shall have themeanings respectively assigned to them under the indian partnership act, 1932;406 of 2009(iv) the expression "partner" in respect of a limited liability partnership shall have the same meaning as assigned to it in clause (q) of sub-section (1) of section 2 of the limited liability partnership act, 2008;18 of 201345(v) the expression "relative" shall have the same meaning asassigned to it in the companies act, 2013;(5) "depositor" means any person who makes a deposit under this act; (6) "deposit taker" means—(i) any individual or group of individuals;(ii) a proprietorship concern; (iii) a partnership firm (whether registered or not);6 of 2009(iv) a limited liability partnership registered under the limited liability partnership act, 2008;(v) a company;5(vi) an association of persons;2 of 1882(vii) a trust (being a private trust governed under the provisions of the indian trusts act, 1882 or a public trust, whether registered or not);(viii) a co-operative society or a multi-state co-operative society; or10(ix) any other arrangement of whatsoever nature, receiving or soliciting deposits, but does not include—(i) a corporation incorporated under an act of parliament or a state legislature;15 10 of 1949(ii) a banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank as defined in the banking regulation act,1949;(7) "designated court" means a designated court constituted by the appropriate government under section 8;20 4 of 1938(8) "insurer" shall have the same meaning as assigned to it in clause (9) of section 2 of the insurance act, 1938;(9) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(10) "person" includes—25(i) an individual; (ii) a hindu undivided family; (iii) a company;(iv) a trust;(v) a partnership firm;30(vi) a limited liability partnership; (vii) an association of persons; (viii) a co-operative society registered under any law for the time being in force relating to co-operative societies; or35(ix) every artificial juridical person, not falling within any of the preceding sub-clauses; (11) "prescribed" means prescribed by the rules made by the central government or, as the case may be, the state government under this act;40(12) "property" means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located;18 of 2013(13) "public financial institution" shall have the same meaning as assigned to it in clause (72) of section 2 of the companies act, 2013;(14) "regulated deposit scheme" means the schemes specified under column (3) of the first schedule;(15) "regulator" means the regulator specified in column (2) of the first schedule;(16) "schedule" means the schedules appended to this act;5(17) "unregulated deposit scheme" means a scheme or an arrangement underwhich deposits are accepted or solicited by any deposit taker by way of business and which is not a regulated deposit scheme, as specified under column (3) of the first schedule chapter ii banning of unregulated deposit schemes103 on and from the date of commencement of this act,—(a) the unregulated deposit schemes shall be banned; andbanning of unregulated deposit schemes(b) no deposit taker shall, directly or indirectly, promote, operate, issue anyadvertisement soliciting participation or enrolment in or accept deposits in pursuance of an unregulated deposit scheme154 no deposit taker, while accepting deposits pursuant to a regulated deposit scheme,shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such depositfraudulent default in regulated deposit schemes205 no person by whatever name called shall knowingly make any statement, promiseor forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any unregulated deposit schemewrongful inducement in relation to unregulated deposit schemes43 of 19786 a prize chit or a money circulation scheme banned under the provisions of the prize chits and money circulation scheme (banning) act, 1978 shall be deemed to be an unregulated deposit scheme under this actcertain scheme to be unregulated deposit scheme chapter iii 25 authoritiescompetent authority7 (1) the appropriate government shall, by notification, appoint one or more officers not below the rank of secretary to that government, as the competent authority for the purposes of this act30(2) the appropriate government may, by notification, appoint such other officer orofficers as it thinks fit, to assist the competent authority in discharging its functions under this act35(3) where the competent authority or officers appointed under sub-section (2), forthe purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of such information and particulars as may be prescribed, that any deposit taker is soliciting deposits in contravention of section 3, he may, by an order in writing, provisionally attach the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the name of any other person on behalf of the deposit taker from the date of the order, in such manner as may be prescribed405 of 1908(4) the competent authority shall, for the purposes of sub-section (3), have thesame powers as vested in a civil court under the code of civil procedure, 1908 while conducting investigation or inquiry in respect of the following matters, namely:—(a) discovery and inspection;45(b) enforcing the attendance of any person, including any officer of a reportingentity and examining him on oath;(c) compelling the production of records;(d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and(f) any other matter which may be prescribed5(5) the competent authority shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this section10(6) all the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required(7) every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code45 of 1860 15(8) subject to any rules made in this behalf by the central government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this act:provided that the officer or officers referred to in sub-section (2) shall not—(a) impound any records without recording his reasons for so doing; or20(b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the competent authoritydesignated court258 (1) the appropriate government shall, with the concurrence of the chief justice of the concerned high court, by notification, constitute one or more courts known as the designated courts for such area or areas or such case or cases as may be specified in such notification, which shall be presided over by a judge not below the rank of a district and sessions judge or additional district and sessions judge(2) no court other than the designated court shall have jurisdiction in respect of any matter to which the provisions of this act apply2 of 197430(3) when trying an offence under this act, the designated court may also try an offence, other than an offence under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial chapter iv information on deposit takerscentral database359 (1) the central government may designate an authority, whether existing or to be constituted, which shall create, maintain and operate an online database for information on deposit takers operating in india(2) the authority designated under sub-section (1) may require any regulator or the competent authority to share such information on deposit takers, as may be prescribed40information of business by deposit taker4510 (1) every deposit taker which commences or carries on its business as such on or after the commencement of this act shall intimate the authority referred to in sub-section (1) of section 9 about its business in such form and manner and within such time, as may be prescribed(2) the competent authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an unregulated deposit scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit takerexplanation—for the removal of doubts, it is hereby clarified that—(a) the requirement of intimation under sub-section (1) is applicable to deposit takers accepting or soliciting deposits as defined in clause (4) of section 2; and18 of 20135(b) the requirement of intimation under sub-section (1) applies to a company, if the company accepts the deposits under chapter v of the companies act, 2013information to be shared11 (1) the competent authority shall share all information received under section 29 with the central bureau of investigation and with the authority which may be designated by the central government under section 910 (2) the appropriate government, any regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this act by the police or the central bureau of investigation, shall share all such information or documents with the police or the central bureau of investigation15(3) where the principal officer of any banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this act, he shall forthwith inform the same to the competent authority chapter v restitution to depositors2054 of 2002priority of depositors' claim31 of 201612 save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate government or the local authority25precedence of attachment54 of 2002 31 of 20163013 (1) save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, an order of provisional attachment passed by the competent authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate government or the local authority(2) where an order of provisional attachment has been passed by the competent authority—35(a) such attachment shall continue until an order is passed undersub-section (3) or sub-section (5) of section 15 by the designated court;(b) all the attached money or property of the deposit taker and the personsmentioned therein shall vest in the competent authority and shall remain so vested till further order of the designated court40(3) the competent authority shall open an account in a scheduled bank for thepurpose of crediting and dealing with the money realised under this act, which shall not be utilised except under the instructions of the designated court(4) the competent authority shall not dispose of or alienate the property or money attached, except in accordance with the order of the designated court under sub-section (3) or sub-section (5) of section 1545(5) notwithstanding anything contained in sub-section (4), the competent authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other property5application for confirmation of attachment and sale of property14 (1) the competent authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the designated court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private sale10(2) in case where the money or property has been attached on the permission granted by a designated court in another state or union territory, the application for confirmation of such attachment shall be filed in that court15 (1) upon receipt of an application under section 14, the designated court shall issue notice to—confirmation of attachment by designated court(a) the deposit taker; and15(b) any person whose property is attached under section 14, to show cause, within a period of thirty days from the date of issue of notice, as to why the order of attachment should not be made absolute and the properties so attached be sold20(2) the designated court shall also issue notice to all other persons represented to it as having or being likely to claim any interest or title in the property, to appear on the same date as persons referred to in sub-section (1) to raise objections, if they so desire, to the attachment of the property(3) the designated court shall, after adopting such procedure as may be prescribed, pass an order—25(a) making the provisional order of attachment absolute; or (b) varying it by releasing a portion of the property from attachment; or (c) cancelling the provisional order of attachment,and in case of an order under clause (a) or clause (b), direct the competent authority to sell the property so attached by public auction or, if necessary, by private sale and realise the sale proceeds30(4) the designated court shall not, in varying or cancelling the provisional order of attachment, release any property from attachment, unless it is satisfied that—(a) the deposit taker or the person referred to in sub-section (1) has interest in such property; and35 (b) there shall remain an amount or property sufficient for repayment to the depositors of such deposit taker (5) the designated court shall pass such order or issue such direction as may be necessary for the equitable distribution among the depositors of the money attached or realised out of the sale40(6) the designated court shall endeavour to complete the proceedings under this section within a period of one hundred and eighty days from the date of receipt of the application referred to in sub-section (1)45attachment mala fide transferees16 (1) where the designated court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached5(2) where the said transferee does not appear and show cause on the specified date or where the designated court is satisfied that the transfer of the property to the said transferee was not a bona fide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferred10payment in lieu of attachment17 (1) any deposit taker or a person referred to in sub-section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this act, may, at any time before the confirmation of attachment, apply to the designated court for permission to deposit the fair value of the property in lieu of attachment15(2) while allowing the deposit taker or person or transferee referred to in sub-section (1) to make the deposit under sub-section (1), the designated court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicable18 (1) the designated court shall exercise the following powers, namely:—powers of designated court20(a) power to approve the statement of dues of the deposit taker due from various debtors;(b) power to assess the value of the assets of the deposit taker and finalise the list of the depositors and their respective dues;25(c) power to direct the competent authority to take possession of any assetsbelonging to or in the control of the deposit taker and to sell, transfer or realise the attached assets, either by public auction or by private sale as it deems fit depending upon the nature of assets and credit the sale proceeds thereof to its bank account;(d) power to approve the necessary expenditure to be incurred by the competent authority for taking possession and realisation of the assets of the deposit taker;30(e) power to pass an order for full payment to the depositors by the competentauthority or an order for proportionate payment to the depositors in the event, the money so realised is not sufficient to meet the entire deposit liability;35 (f) power to direct any person, who has made profit or averted loss byindulging in any transaction or activity in contravention of the provisions of this act, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention; and (g) power to pass any other order which the designated court deems fit forrealisation of assets of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any other matter or issue incidental thereto40(2) on the application of any person interested in any property attached andvested in the competent authority under this act and after giving such competent authority an opportunity of being heard, make such order as the designated court considers just and reasonable for—45(a) providing from such of the property attached and vested in the competentauthority as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been initiated against him in the designated court under this act; or(b) safeguarding, so far as may be practicable, the interest of any business affected by the attachment5explanation—for the purposes of this section, the expression "deposit taker" includes the directors, promoters, managers or members of said establishment or any other person whose property or assets have been attached under this actappeal to high court19 any person including the competent authority, if aggrieved by any final order of the designated court under this chapter, may appeal to the high court, within a period of sixty days from the date of such order:10provided that the high court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in timeexplanation—the expression "high court" means the high court of a state or union territory where the designated court is situated15power of supreme court to transfer cases20 (1) whenever it is made to appear to the supreme court that there is a default in any deposit scheme or deposit schemes of the nature referred to in section 30, the supreme court may, by an order, direct that any particular case be transferred from one designated court to another designated court(2) the supreme court may act under this section only on an application filed by the competent authority or any interested party, and every such application shall be supported by an affidavit20 25(3) where an application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the case chapter vi offences and punishments30punishment for contravention of section 321 (1) any deposit taker who solicits deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees35(2) any deposit taker who accepts deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees40(3) any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in the unregulated deposit schemeexplanation—for the purposes of this act,—(i) the expression "fraudulently" shall have the same meaning as assigned to it in section 25 of the indian penal code;45 of 1860 45(ii) where the terms of the deposit scheme are entirely impracticable or unviable, the terms shall be relevant facts showing an intention to defraudpunishment for contravention of section 422 any deposit taker who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both523 any person who contravenes the provisions of section 5 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which may extend to ten lakh rupeespunishment for contravention of section 510punishment for repeat offenders24 whoever having been previously convicted of an offence punishable under this chapter, except the offence under section 26, is subsequently convicted of an offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than ten lakh rupees but which may extend to fifty crore rupees15offences by deposit takers other than individuals25 (1) where an offence under this act has been committed by a deposit taker other than an individual, every person who, at the time the offence was committed, was in charge of, and was responsible to, the deposit taker for the conduct of its business, as well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly20(2) nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence(3) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a deposit taker other than an individual, and it is proved that the offence—25(a) has been committed with the consent or connivance of; or (b) is attributable to any neglect on the part of any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker,30such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglypunishment for contravention of section 1026 whoever fails to give the intimation required under sub-section (1) ofsection 10 or fails to furnish any such statements, information or particulars as required under sub-section (2) of that section, shall be punishable with fine which may extend tofive lakh rupees35cognizance of offences27 notwithstanding anything contained in section 4, no designated court shalltake cognizance of an offence punishable under that section except upon a complaint made by the regulator:provided that the provisions of section 4 and this section shall not apply in relationto a deposit taker which is a company 40 chapter vii investigation, search and seizure2 of 1974offences to be cognizable and non-bailable28 notwithstanding anything contained in the code of criminal procedure, 1973every offence punishable under this act, except the offence under section 22 and section 26, shall be cognizable and non-bailable4529 the police officer shall, on recording information about the commission of anoffence under this act, inform the same to the competent authoritycompetent authority to be informed of offences30 (1) on receipt of information under section 29 or otherwise, if the competent authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which—investigation of offences by central bureau of investigation5(a) the depositors, deposit takers or properties involved are located in more than one state or union territory in india or outside india; and(b) the total value of the amount involved is of such magnitude as to significantly affect the public interest, the competent authority shall refer the matter to the central government for investigation by the central bureau of investigation10 25 of 1946(2) the reference made by the competent authority under sub-section (1) shall be deemed to be with the consent of the state government under section 6 of the delhi special police establishment act, 194625 of 194615(3) on the receipt of the reference under sub-section (1), the central government may transfer the investigation of the offence to the central bureau of investigation under section 5 of the delhi special police establishment act, 1946power to enter, search and seize without warrant2031 (1) whenever any police officer, not below the rank of an officer in-charge of a police station, has reason to believe that anything necessary for the purpose of an investigation into any offence under this act may be found in any place within the limits of the police station of which he is in-charge, or to which he is attached, such officer may, with the written authorisation of an officer not below the rank of superintendent of police, and after recording in writing so far as possible, the thing for which the search is to be made and subject to the rules made in this behalf, authorise any officer subordinate to him,—25(a) to enter and search any building, conveyance or place, between sunrise and sunset, which he has reason to suspect is being used for purposes connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this act;(b) in case of resistance, to break open any door and remove any obstacle to such entry, if necessary by force, with such assistance as he considers necessary, for exercising the powers conferred by clause (a);30(c) to seize any record or property found as a result of the search in the said building, conveyance or place, which are intended to be used, or reasonably suspected to have been used, in connection with any such deposit taking scheme or arrangement in contravention of the provisions of this act; and35(d) to detain and search, and if he thinks proper, take into custody and produce before any designated court any such person whom he has reason to believe to have committed any offence punishable under this act:40provided that if such officer has reason to believe that the said written authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may, without the said written authorisation, enter and search such building, conveyance or place, at any time between sunset and sunrise after recording the grounds in writing45(2) where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to freeze such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this act and it shall be binding on the concerned bank or financial or market establishment to comply with the said order:provided that no bank or financial or market establishment shall freeze such account, deposit or valuable securities, for a period beyond thirty days unless the same is authorised by the order of the designated court:5provided further that, if at any time, it becomes practicable to seize the frozenproperty, the officer authorised under sub-section (1) may seize such propertyexplanation—for the purposes of this section, the expressions,—(i) "freezing of account" shall mean that no transaction, whether deposit or withdrawal shall be allowed in the said account; and10(ii) "freezing of property" shall mean that no transfer, conversion, dispositionor movement of property shall be allowed15(3) where an officer takes down any information in writing or records grounds for his belief or makes an order in writing under sub-section (1) or sub-section (2), he shall, within a time of seventy-two hours send a copy thereof to the designated court in a sealed envelope and the owner or occupier of the building, conveyance or place shall, on application, be furnished, free of cost, with a copy of the same by the designated court2 of 1974(4) all searches, seizures and arrests under this section shall be made in accordance with the provisions of the code of criminal procedure, 19732032 (1) the designated court may take cognizance of offences under this act without the accused being committed to it for trial2 of 1974(2) save as otherwise provided in section 31, the provisions of the code of criminal procedure, 1973 shall apply—(a) to all arrests, searches and seizures made under this act;application of code of criminal procedure, 1973 to proceedings before designated court25(b) to the proceedings under this act and for the purposes of the saidprovisions, the designated court shall be deemed to be a court of session and the persons conducting the prosecution before the designated court, shall be deemed to be public prosecutors chapter viii miscellaneous30publication of advertisement of unregulated deposit scheme3533 where any newspaper or other publication of any nature, contains anystatement, information or advertisement promoting, soliciting deposits for, or inducing any person to become a member of any unregulated deposit scheme, the appropriate government may direct such newspaper or publication to publish a full and fair retraction, free of cost, in the same manner and in the same position in such newspaper or publication as may be prescribedact to have overriding effect34 save as otherwise expressly provided in this act, the provisions of this actshall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any state or union territory40| 35 ||----------------------------------------------------------|| provisions of any other law for the time being in force || application of || other laws not || barred || protection of || action taken || in good faith |36 no suit, prosecution or other legal proceedings shall lie against the appropriate government or the competent authority or any officer of the appropriate government for anything which is in good faith done or intended to be done under this act or the rules made thereunder45| 37 ||-----------------------------|| the provisions of this act || power of || central || government || to make rules |(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7;5(b) the information to be shared under sub-section (2) of section 9;(c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10;(d) the particulars contained in the application to be filed by the competent authority before the designated court under sub-section (1) of section 14;10(e) the procedure to be adopted by the designated court before issuing an order under sub-section (3) of section 15;(f) rules under sub-section (1) of section 31; (g) the manner of publication of advertisement under section 33; and (h) any other matter which is required to be, or may be, prescribed1538 (1) the state government or union territory government, as the case may be, in consultation with the central government, by notification, make rules for carrying out the provisions of this actpower of state government, etc, to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—20(a) ceiling for self-help groups under clause (j) of sub-section (4) of section 2;(b) purpose and ceiling under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the competent authority under sub-section (3) of section 7;(d) other matters under clause (f) of sub-section (4) of section 7;25(e) the rules relating to impounding and custody of records under sub-section (8) of section 7; and(f) any other matter which is required to be, or may be, prescribedlaying of rules30 3539 (1) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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 rule40(2) every rule made by a state government or the union territory government, as the case may be, shall be laid, as soon as may be after it is made, before each house of the state legislature or the union territory legislature, as the case may be, where it consists of two houses, or where such legislature consists of one house, before that housepower to amend first schedule4540 (1) the central government may, having regard to the objects of this act, and ifit considers necessary or expedient so to do, by notification, add to, or as the case may be, omit from the first schedule, any scheme or arrangement, and on such addition, or omission, such scheme or arrangement shall become, or cease to be, a regulated deposit scheme, as the case may be(2) a copy of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each house of parliament41 the provisions of this act shall not apply to deposits taken in the ordinary course of businessact not to apply certain deposits42 the enactments specified in the second schedule shall be amended in the manner specified thereinamendment to certain enactments5power to remove difficulties43 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment 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 for removing the difficulty:10provided that no such order shall be made under this section after the expiry of threeyears 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 parliamentrepeal and savingord 7 of 201944 (1) the banning of unregulated deposit schemes ordinance, 2019, is herebyrepealed15(2) notwithstanding such repeal, anything done or any action taken under the saidordinance, shall be deemed to have been done or taken under this act the first schedule[see section 2 (15)] regulated deposit schemes(1) the regulator and regulated deposit scheme refers to the regulators and schemes and arrangements listed in the following table, namely:—| sl no | regulator | regulated deposit scheme ||---------------------------------------------------------|------------------------------------------------------|----------------------------------------------------------|| (1) | (2) | (3) || 1 | the securities and | ( || exchange board | section 11aa of the securities and exchange board of | || of india | india act, 1992 (15 of 1992)] launched, sponsored or | || carried out by a collective investment management | | || company registered with the securities and exchange | | || board of india under the securities and exchange board | | || of india (collective investment scheme) regulations, | | || 1999 | | || ( | ii | ) any scheme or an arrangement registered with the || securities and exchange board of india under the | | || securities and exchange board of india (alternative | | || investment funds) regulations, 2012 | | || ( | iii | ) any scheme or an arrangement, pursuant to which || funds are managed by a portfolio manager, registered | | || under the securities and exchange board of india | | || (portfolio managers) regulations, 1993 | | || ( | iv | ) any scheme or an arrangement regulated under the || securities and exchange board of india (share based | | || employee benefits) regulations, 2014 or providing for | | || employee benefits as permitted under the companies | | || act, 2013 (18 of 2013) | | || ( | v | ) any other scheme or an arrangement registered || under the securities and exchange board of india act, | | || 1992 (15 of 1992), or the regulations made thereunder | | || ( | vi | ) any amount received as contributions in the nature || of subscriptions to a mutual fund registered with | | || securities and exchange board of india under the | | || securities and exchange board of india (mutual funds) | | || regulations, 1996 | | || 2 | the reserve bank of | ( || india | non-banking financial companies as defined in clause | || ( | f | ) of section 45-i of the reserve bank of india act, 1934 || (2 of 1934) and registered with the reserve bank of | | || india; or any other scheme or an arrangement registered | | || under the reserve bank of india act, 1934 | | || ( | ii | ) any scheme or an arrangement under which funds ||---------------------------------------------------------|--------------------------------------------------------|------------------------------------------------------|| are accepted by individuals or entities engaged as | | || business correspondents and facilitators by banks | | || subject to the guidelines and circulars issued by the | | || reserve bank of india from time to time | | || ( | iii | ) any scheme or an arrangement under which funds || are received by a system provider operating as an | | || authorised payment system under the payment and | | || settlement systems act, 2007 (51 of 2007) | | || ( | iv | ) any other scheme or an arrangement regulated || under the reserve bank of india act, 1934 (2 of 1934), | | || or the guidelines or circulars of the reserve bank of | | || india | | || 3 | the insurance | a contract of insurance pursuant to a certificate of || regulatory and | registration obtained in accordance with the insurance | || development | act, 1938 (4 of 1938) | || authority of india | | || state government or | ( | i || union territory | co-operative society registered under the co-operative | || government | societies act, 1912 (2 of 1912) or a society being a | || society registered or deemed to be registered under | | || any law relating to co-operative societies for the time | | || being in force in any state or union territory | | || ( | ii | ) any scheme or an arrangement commenced or || conducted as a chit business with the previous sanction | | || of the state government in accordance with the | | || provisions of the chit funds act, 1982 (40 of 1982) | | || ( | iii | ) any scheme or an arrangement regulated by any || enactment relating to money lending which is for the | | || time being in force in any state or union territory | | || ( | iv | ) any scheme or an arrangement by a prize chit or || money circulation scheme under section 11 of the prize | | || chits and money circulation schemes (banning) | | || act, 1978 (43 of 1978) | | || 4 | the national | any scheme or an arrangement for acceptance of || housing bank | deposits registered under the national housing bank | || act, 1987 (53 of 1987) | | || 5 | the pension fund | any scheme or an arrangement under the pension fund || regulatory and | regulatory and development authority act, 2013 | || development | (23 of 2013) | || authority | | || 6 | the employees | any scheme, pension scheme or insurance scheme || provident fund | framed under the employees' provident fund and | || organisation | miscellaneous provisions act, 1952 ( 19 of 1952) | || 7 | the central registrar, | any scheme or an arrangement for acceptance of || multi-state co- | deposits from voting members by a multi-state | || operative societies | co-operative society registered under the multi-state | || co-operative societies act, 2002 (39 of 2002) | | || | | (1) | (2) | (3) ||----------------------------------------------------|-------------------------------------------------------|-----------------------------------------------------|-------|-------------------------------------------------------|| 8 | the ministry of | ( | i | ) deposits accepted or permitted under the provisions || corporate affairs, | of chapter v of the companies act, 2013 (18 of 2013) | | | || government of india | | | | || ( | ii | ) any scheme or an arrangement under which deposits | | || are accepted by a company declared as a nidhi or a | | | | || mutual benefit society under section 406 of the | | | | || companies act, 2013 (18 of 2013) | | | | |(2) the following shall also be treated as regulated deposit schemes under this act, namely:—(a) deposits accepted under any scheme or an arrangement registered with any regulatory body in india constituted or established under a statute; and(b) any other scheme as may be notified by the central government under this act the second schedule (see section 42) amendments to certain enactments part i amendment to the reserve bank of india act, 1934in the reserve bank of india act, 1934, in section 45-i, in clause (bb), after explanation ii, the following explanation shall be inserted, namely:—amendment of section 45-i of act 2 of 1934"explanation iii—the amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such co-operative society" part ii amendments to the securities and exchange board of india act, 1992in the securities and exchange board of india act, 1992,—amendment of section 11 of act 15 of 1992(i) in section 11, in sub-section (4), for clause (e), the following clause shall be substituted, namely:—"(e) attach, for a period not exceeding ninety days, bank accounts or other property of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder:provided that the board shall, within ninety days of the said attachment, obtain confirmation of the said attachment from the special court, established under section 26a, having jurisdiction and on such confirmation, such attachment shall continue during the pendency of the aforesaid proceedings and on conclusion of the said proceedings, the provisions of section 28a shall apply:provided further that only property, bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached"; (ii) in section 28a, after explanation 3, the following explanation shall be inserted, namely:—43 of 1961"explanation 4—the interest referred to in section 220 of the income-tax act, 1961 shall commence from the date the amount became payable by the person" part iii amendment to the multi-state co-operative societies act, 2002in the multi-state co-operative societies act, 2002, in section 67, in sub-section (1),—amendment of section 67 of act 39 of 2002(a) after the words "receive deposits", the words "from its voting members"shall be inserted;(b) the following explanation shall be inserted, namely:—"explanation—for the removal of doubts, it is hereby clarified that a multi-state co-operative society shall not be entitled to receive deposits from persons other than voting members" statement of objects and reasonsnon-banking entities are allowed to raise deposits from the public under the provisions of various statutes enacted by the central government and the state governments however, the regulatory framework for deposit taking activity in the country is not seamless the regulators operate in well defined areas within the financial sector by regulating particular kinds of entities or activities for instance, non-banking financial companies are under the regulatory and supervisory jurisdiction of the reserve bank of india similarly chit funds, money circulation including multi-level marketing schemes and schemes offered by co-operative societies are under the domain of the respective state governments in the same manner, the collective investment schemes come under the purview of the securities and exchange board of india despite such diverse regulatory framework, schemes and arrangements leading to unauthorised collection of money and deposits fraudulently, by inducing public to invest in uncertain schemes promising high returns or other benefits, are still operating in the society2 the central legislations such as the prize chits and money circulation schemes(banning) act, 1978 and the chit funds act, 1982 and the legislations enacted by the state governments have not been able to completely address the issue of unregulated deposit schemes run by unscrupulous elements this regulatory gap was highlighted in the twenty-first report of the parliamentary related standing committee on finance (sixteenth lok sabha) titled as "efficacy of regulation of collective investment schemes, chit funds, etc" the said committee in its report has recommended the requirement of "appropriate legislative provisions, coupled with effective administrative and enforcement measures in order to protect the hard-earned savings and investments made by millions of people" presently, there are considerable variations among state laws in protecting the interests of depositors, and many unregulated deposit taking schemes operate across state boundaries3 in view of the above, it becomes necessary to have a central legislation to ensure a comprehensive ban on unregulated deposit taking activity and for its effective enforcement the banning of unregulated deposit schemes bill, 2018 was introduced in the lok sabha on 18th july, 2018 the said bill was referred to the standing committee on finance on 10th august, 2018 for examination and report thereon the bill alongwith the amendments as recommended by the said standing committee was considered and passed in the sixteenth lok sabha on 13th february, 2019 however, the bill could not be considered and passed in the rajya sabha since, it was extremely critical to tackle the menace of illicit deposit taking activities in the country, the banning of unregulated deposit schemes ordinance, 2019 was promulgated by the president on 21st february, 2019 it is now required to replace the banning of unregulated deposit schemes ordinance, 2019 with an act of parliament 4 the proposed bill, namely, the banning of unregulated deposit schemes bill,2019, aims to prevent such unregulated deposit schemes or arrangements at their inception and at the same time makes soliciting, inviting or accepting deposits pursuant to an unregulated deposit scheme as a punishable offence the bill seeks to put in place a mechanism by which the depositors can be repaid without delay by attaching the assets of the defaulting establishments the bill also provides that its provisions will not apply to deposits taken in the ordinary course of business in order to ensure that various entities are able to take deposits in their ordinary course of business without any difficulty the bill ensures that no hardship is caused to genuine businesses, or to individuals borrowing money from their relatives or friends for personal reasons or to tide over a crisis5 the banning of unregulated deposit schemes bill, 2019, which seeks to replace the banning of unregulated deposit schemes ordinance, 2019, inter alia, provides for the following, namely:––(i) to make a provision for banning of unregulated deposit schemes; (ii) to impose an obligation on the deposit taker, pursuant to a regulated depositscheme, not to commit any fraudulent default in the repayment or return of the deposit;(iii) to provide for deterrent punishment for promoting or operating anunregulated deposit taking scheme;(iv) to provide for punishment for fraudulent default in repayment to depositors; (v) designation of a competent authority by the state government to ensurerepayment of deposits in the event of default by a deposit taking establishment;(vi) to constitute the designated courts for such area or areas or such case or cases as per the provisions of the proposed bill;(vii) to empower the central government to designate an authority which shall create, maintain and operate an online database for information on deposit takers operating in india; and(viii) to confer powers and functions upon the competent authority including the power to attach assets of a defaulting establishment 6 as the parliament was not in session and an immediate legislation was required to be made, the president promulgated the banning of unregulated deposit schemes ordinance, 2019 (ord 7 of 2019) on the 21st day of february, 20197 the notes on clauses explain in detail the provisions contained in the bill 8 the bill seeks to replace the aforesaid ordinancenew delhi;nirmala sitharamanthe 12th july, 2019 notes on clausesclause 1—this clause relates to short title, extent and commencement of the proposed legislationclause 2—this clause contains the definition of various expressions used in the proposed legislationclause 3—this clause relates to banning of unregulated deposit schemes this clause provides that on and from the date of commencement of this act, the unregulated deposit schemes shall be banned and no deposit taker shall, directly or indirectly, promote, operate, issue any advertisement soliciting participation or enrolment in or accept deposits in pursuance of an unregulated deposit schemeclause 4—this clause relates to fraudulent default in regulated deposit schemes this clause provides that no deposit taker, while accepting deposits pursuant to a regulated deposit scheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such depositclause 5—this clause provides for the wrongful inducement in relation to unregulated deposit schemesthis clause provides that no person shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any unregulated deposit schemeclause 6—this clause relates to certain schemes to be unregulated deposit schemes this clause provides that a prize chit or a money circulation scheme banned under the provisions of the prize chits and money circulation scheme (banning) act, 1978 shall be deemed to be an unregulated deposit scheme under this actclause 7—this clause relates to the competent authority sub-clause (1) of this clause provides that the appropriate government shall, by notification, appoint one or more officers not below the rank of secretary to that government, as the competent authority for the purposes of this actsub-clause (2) of this clause provides that the appropriate government may appoint other officers to assist the competent authoritysub-clause (3) of this clause provides that the competent authority has been empowered to provisionally attach the money or property of any deposit takersub-clauses (4), (5), (6), (7) and (8) of this clause provides for provisions to confer such powers on the competent authority and its officers as may be necessary to carry out the provisions of this billclause 8—this clause relates to the designated court sub-clause (1) of this clause enables the appropriate government, with concurrence of the chief justice of the respective high court, to constitute one or more designated courts for trying offences under this bill the designated court must be presided by a judge not below the rank of district and sessions judge or additional district sessions judgesub-clause (2) of this clause provides that no court other than the designated court shall have jurisdiction in respect of any matter to which the provisions of this act applysub-clause (3) of this clause provides that when trying an offence under this act, the designated court may also try an offence, other than an offence under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trialclause 9—this clause relates to central database sub-clause (1) of this clause provides that the central government may designate an authority which shall create, maintain and operate an online database for information on deposit takers operating in indiasub-clause (2) of this clause provides that the authority designated under sub-section (1) may require any regulator or the competent authority to share such information on deposit takers, as may be prescribedclause 10—this clause relates to intimation of business by deposit taker sub-clause (1) of this clause provides that every deposit taker which commences or carries on its business as such on or after the commencement of this act shall intimate the authority referred to in sub-clause (1) of clause 9 about its business in such form and manner and within such time, as may be prescribedsub-clause (2) of this clause provides that the competent authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an unregulated deposit scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit takerclause 11—this clause relates to the information to be shared sub-clause (1) of this clause provides that the competent authority shall share all information received under clause 29 with the central bureau of investigation and with the authority which may be designated by the central government under clause 9sub-clause (2) of this clause provides that the appropriate government, any regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this act by the police or the central bureau of investigation, shall share all such information or documents with the police or the central bureau of investigationsub-clause (3) of this clause provides that where the principal officer of any banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this act, he shall forthwith inform the same to the competent authority clause 12—this clause relates to the priority of depositors' claimthis clause provides that save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate government or the local authority clause 13—this clause relates to precedence of attachmentsub-clause (1) of this clause provides that save as otherwise provided in the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, an order of provisional attachment passed by the competent authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate government or the local authoritysub-clause (2) of this clause provides that where an order of provisional attachment has been passed by the competent authority and such attachment shall continue until an order is passed under sub-clause (3) or sub-clause (5) of clause 15 by the designated court and all the attached money or property of the deposit taker and the persons mentioned therein shall vest in the competent authority and shall remain so vested till further order of the designated courtsub-clause (3) of this clause provides that the competent authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this act, which shall not be utilised except under the instructions of the designated courtsub-clause (4) of this clause provides that the competent authority shall not dispose of or alienate the property or money attached except in accordance with the order of the designated court under sub-clause (3) or sub-clause (5) of clause 15sub-clause (5) of this clause provides that notwithstanding anything contained in sub-section (4), the competent authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other propertyclause 14—this clause relates to application for confirmation of attachment and sale of propertysub-clause (1) of this clause provides that the competent authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the designated court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private salesub-clause (2) of this clause provides that in case where the money or property has been attached on the permission granted by a designated court in another state or union territory, the application for confirmation of such attachment shall be filed in that court clause 15—this clause relates to confirmation of attachment by designated courtsub-clause (1) of this clause provides that the designated court to issue notice to the deposit taker or any other person whose property is attached under clause 14 to show cause within 30 days as to why the attachment should not be made absolutesub-clause (2) of this clause provides that this clause requires the designated court to issue notice to all other persons, in addition to the persons referred to in sub-clause (1), represented to it as having or likely to have a claim or interest in the title of the propertysub-clause (3) of this clause provides that the designated court after following the procedure prescribed can confirm, vary or cancel the attachment further, on confirming the attachment, the designated court can direct the competent authority to sell the property attachedsub-clause (4) of this clause provides that this provision prohibits the designated court from releasing from attachment any property unless it is satisfied that the deposit taker or any other person referred to in sub-clause (1) has interest in such property and there will remain under attachment an amount or property sufficient for repaymentsub-clause (5) of this clause provides that this clause requires the designated court to pass any order necessary for equitable distribution among the depositors of the money attached or realised out of the salesub-clause (6) of this clause provides that this clause sets a timeline of 180 days, from the date of receipt of application under sub-clause (1), for completion of proceedingsclause 16—this clause relates to attachment of property of mala fide transferees sub-clause (1) of this clause provides that where the designated court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attachedsub-clause (2) of this clause provides that where the said transferee does not appear and show cause on the specified date or where the designated court is satisfied that the transfer of the property to the said transferee was not a bona fide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferredclause 17—this clause relates to the payment in lieu of attachment sub-clause (1) of this clause provides that any deposit taker or a person referred to in sub-section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this act, may, at any time before the confirmation of attachment, apply to the designated court for permission to deposit the fair value of the property in lieu of attachmentsub-clause (2) of this clause provides that while allowing the deposit taker or person or transferee referred to in sub-clause (1) to make the deposit under the said sub-clause, the designated court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicableclause 18—this clause relates to the powers of designated court sub-clause (1) of this clause lays down all the steps that the designated court is empowered to take to ensure that the interest of depositors is adequately protectedsub-clause (2) of this clause empowers the designated court to make orders for the provision of essential sums from the attached property to the deposit taker and to safeguard as far as practicable any business affected by such attachmentclause 19—this clause relates to the appeal to high court this clause provides the time period within which an appeal may be filed against an order of the designated court any person, including the competent authority may appeal to the high court against an order of the designated court, within 60 days of such orderclause 20—this clause relates to the power of supreme court to transfer cases sub-clause (1) of this clause empowers the supreme court to direct that a particular case be transferred from one designated court to another in the event of default in any deposit scheme or deposit schemes of the nature referred to in clause 30sub-clause (2) of this clause provides that the supreme court is empowered to act under sub-clause (1) only on the basis of an application filed by the competent authority or an interested partysub-clause (3) of this clause provides that where an application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the caseclause 21—this clause relates to the punishment for contravention of clause 3 sub-clause (1) of this clause provides that for soliciting deposits in contravention of clause 3, a deposit taker is punishable with imprisonment for a minimum term of one year which may extend to five years, and with fine which shall not be less than two lakh rupees and may extend to ten lakh rupeessub-clause (2) of this clause provides that for accepting deposits in contravention of clause 3, a deposit taker is punishable with imprisonment for a minimum term of two years which may extend to seven years, and with fine which shall not be less than three lakh rupees and may extend to ten lakh rupeessub-clause (3) of this clause provides that for accepting deposits in contravention of clause 3 and committing fraudulent default in repayment, a deposit taker is punishable with imprisonment for a minimum term of three years which may extend to ten years and a fine which shall not be less than five lakh rupees which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in such schemes or arrangementsclause 22—this clause relates to the punishment for contravention of clause 4 the punishment prescribed for contravention of clause 4 is imprisonment which may extend to seven years or a fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of such fraudulent default, whichever is higher, or with bothclause 23—this clause relates to the punishment for contravention of clause 5 the punishment prescribed for contravention of clause 10 is imprisonment for a minimum term of one year which may extend to five years and with fine which may extend to ten lakh rupeesclause 24—this clause relates to the punishment for repeat offenders this clause provides for a higher and more stringent punishment for repeat offenders who commit an offence after having previously been convicted for an offence under this legislation, except for an offence under clause 26 a repeat offender, under this clause, shall be punishable with imprisonment for a minimum term of five years which may extend to ten years and a fine which shall not be less than ten lakh rupees and which may extend to fifty crore rupees clause 25—this clause relates to offences by deposit takers other than individualssub-clause (1) of this clause provides for imposition of liability in case an offence under the act has been committed by an entity other than an individual this sub-clause imposes liability on every person who is "in charge of, and was responsible to, the deposit taker for the conduct of the business of the company"sub-clause (2) of this clause provides that nothing contained in sub-clause (1) shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offencesub-clause (3) of this clause provides for holding liable any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker when it is proved that an offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of such person clause 26—this clause relates to punishment for contravention of clause 10this clause provides that whoever fails to give the intimation required under sub-clause (1) of clause 10 or fails to furnish any such statements, information or particulars as required under sub-clause (2) of that clause, shall be punishable with fine which may extend to five lakh rupees clause 27—this clause relates to cognizance of offencesthis clause provides that notwithstanding anything contained in clause 4, no designated court shall take cognizance of an offence punishable under that section except upon a complaint made by the regulator, provided that the provisions of clause 4 and this section shall not apply in relation to a deposit taker which is a companyclause 28—this clause relates to offences to be cognizable and non-bailable this clause provides that notwithstanding anything contained in the code of criminal procedure, 1973 every offence punishable under this act, except the offence under clause 22 and clause 26, shall be cognizable and non-bailableclause 29—this clause relates to competent authority to be informed of offences this clause provides that the police officer shall, on recording information about the commission of an offence under this act, inform the same to the competent authorityclause 30—this clause relates to investigation of offences by central bureau of investigationsub-clause (1) of this clause provides that the competent authority has the power to refer a case for investigation by the central bureau of investigation if the two conditions prescribed in sub-clauses (a) and (b) are metsub-clause (2) of this clause provides that the reference under sub-clause (1) is deemed to be with the consent of the state government under clause 6 of the delhi special police establishment act, 1946sub-clause (3) of this clause provides that on the receipt of the reference under sub-clause (1), the central government may transfer the investigation of the offence to the central bureau of investigation under clause 5 of the delhi special police establishment act, 1946clause 31—this clause relates to power to enter, search and seize without warrant sub-clause (1) of this clause empowers a police officer, not below the rank of an officer-in-charge of a police station, and with the written authorisation of an officer not below the rank of superintendent of police, to enter and search any building, conveyance or place, in accordance with the procedure mentioned in the said sub-clausesub-clause (2) of this clause provides for freezing such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this actsub-clause (3) of this clause provides for situations where an officer takes down any information or makes any order in writing under any of the preceding sub-clauses the officer is mandated to send a copy of the information taken down or the order made to the designated court within seventy-two hours in a sealed envelope the owner or occupier of the place shall be furnished a copy of such information or order, free of cost, upon an application made by them in this regardsub-clause (4) of this clause clarifies that the provisions of the code of criminal procedure, 1973 shall apply to any search, seizure or arrest made under this sectionclause 32—this clause relates to application of the code of criminal procedure,1973 to proceedings before designated courtsub-clause (1) of this clause provides that the designated court may take cognizance of offences under this act even without the accused being committed for trial the intended effect of this sub-clause is to ensure speedy and expeditious disposal of cases under the actsub-clause (2) of this clause clarifies that the provisions of the code of criminal procedure, 1973 shall apply to all arrests, searches and seizures and to all the proceedings under this bill, and that the designated court shall be deemed to be a court of session and a person conducting prosecution before such court would be a public prosecutorclause 33—this clause relates to publication of advertisement of unregulated deposit schemethis clause provides that any newspaper or publication containing material or advertisement relating to an unregulated deposit scheme may be directed by the state government to publish a full and fair retraction of the material or advertisement free of cost it also provides that the retraction should be published in the same manner and in the same position as the alleged material or advertisement on unregulated deposit schemeclause 34—this clause relates to this act to have overriding effect this clause provides that save as otherwise expressly provided in this act, the provisions of this act shall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any state or union territoryclause 35—this clause relates to application of other laws not barred this clause provides that 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 forceclause 36—this clause relates to protection of action taken in good faith this clause provides that no suit, prosecution or other legal proceedings shall lie against the appropriate government or the competent authority or any officer of the appropriate government for anything which is in good faith done or intended to be done under this act or the rules made thereunderclause 37—this clause relates to power of central government to make rules this clause empowers the central government to make rules for carrying out the provisions of the proposed legislationclause 38—this clause relates to power of state government, etc, to make rules this clause empowers the respective state governments to make rules for carrying out the provisions of the proposed legislationclause 39—this clause relates to laying of rules this clause provides for laying of the rules by the central government and state government in the respective legislatureclause 40—this clause relates to power to remove difficultiesthis clause empowers the central government to make such provisions and issue clarifications as may be required for the proper and effective functioning of the bill this is a time-bound provision and the central government cannot take such measures for removal of difficulties after the expiry of three years from the commencement of this billclause 41—this clause relates to power to amend first schedule this clause allows the central government to add or omit from first schedule any scheme or arrangement by notificationclause 42—this clause relates to this act not to apply to certain deposits this clause provides that the provisions of this act shall not apply to deposits taken in the ordinary course of businessclause 43—this clause relates to amendment to certain enactments this clause provides that the enactments listed in the second schedule will stand amended in the manner prescribed in the scheduleclause 44—this clause relates to repeal and savingthis clause provides for the repeal of the banning of unregulated deposit schemes ordinance, 2019 and to save the actions done during the operation of the said ordinance financial memorandumthe bill has no financial implications and does not involve any expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 37 of the bill empowers the central government to make rules for carrying out the provisions of the act the matters in respect of which the rules may be made, inter alia, include (a) the information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7;(b) information to be shared under sub-section (2) of section 9; (c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10; (d) the particulars contained in the application to be filed by the competent authority before the designated court under sub-section (1) of section 14; (e) the procedure to be adopted by the designated court before issuing an order under sub-section (3) of section 15; and (f) the manner of publication of advertisement under section 33clause 38 of the bill empowers the state government to make rules, in consultation with the central government, for carrying out the provisions of the act the matters in respect of which the rules may be made, inter alia, include (a) the ceiling for self-help groups under clause (j) of sub-section (4) of section 2; (b) ceiling and purpose of collection of other amounts which will not be classified as deposits for the purposes of this legislation, under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the competent authority under sub-section (3) of section 7; (d) powers of the competent authority under clause (f) of sub-section (4) of section 7; and (e) rules relating to impounding and custody of records under sub-section (8) of section 7clause 41 empowers the central government to add or omit schemes or arrangement to or from the list of regulated deposit schemes specified in the first schedule of the proposed legislationthe matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extract from the securities and exchange board of india act, 1992 (15 of 1992) chapter iv powers and functions of the board11 (1) functions of board(4) without prejudice to the provisions contained in sub-sections (1), (2), (2a) and (3)and section 11b, the board may, by an order, for reasons to be recorded in writing, in the interests of investors or securities market, take any of the following measures, either pending investigation or inquiry or on completion of such investigation or inquiry, namely:— (e) attach, after passing of an order on an application made for approval by the judicial magistrate of the first class having jurisdiction, for a period not exceeding one month, one or more bank account or accounts of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder:provided that only the bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached; ————— extract from the multi-state co-operative societies act, 2002 (39 of 2002) restrictions on borrowing67 (1) a multi-state co-operative society may receive deposits, raise loans and receive grants from external sources to such extent and under such conditions as may be specified in the bye-laws:provided that the total amount of deposits and loans received during any financial year shall not exceed ten times of the sum of subscribed share capital and accumulated reserves:provided further that while calculating the total sum of subscribed share capital and accumulated reserves, the accumulated losses shall be deducted ———— a billto provide for a comprehensive mechanism to ban the unregulated deposit schemes, other than deposits taken in the ordinary course of business, and to protect the interest of depositors and for matters connected therewith or incidental thereto————

Parliament_bills

464861f4-7b3e-53ae-9d42-18cad6b062b9

bill no 69 of 2017 the taxation laws (amendment) bill, 2017 a billfurther to amend the customs act, 1962, the customs tariff act, 1975, the central excise act, 1944, the finance act, 2001 and the finance act, 2005 and to repeal certain enactmentsbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the taxation laws (amendment) act, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:5provided that different dates may be appointed for different provisions of this act andany reference in any such provision to the commencement of this act shall be construed as a reference to the commencement of that provision chapter i customs3 in the customs act, after section 108, the following sections shall be inserted, namely:—"108a (1) any person, being—(a) a local authority or other public body or association; or insertion of new sections 108a and 108b obligation to furnish information5(b) any authority of the state government responsible for the collection ofvalue added tax or sales tax or any other tax relating to the goods or services; or43 of 1961(c) an income tax authority appointed under the provisions of the incometax act, 1961;102 of 1934(d) a banking company within the meaning of clause (a) of section 45a of the reserve bank of india act, 1934; or47 of 1961(e) a co-operative bank within the meaning of clause (dd) of section 2 of the deposit insurance and credit guarantee corporation act,1961; or(f) a financial institution within the meaning of clause (c), or a non-banking financial company within the meaning of clause (f), of section 45-i of the reserve bank of india act,1934; or152 of 193436 of 2003(h) a state electricity board; or an electricity distribution or transmission licensee under the electricity act, 2003, or any other entity entrusted, as the case may be, with such functions by the central government or the state government; or20(i) the registrar or sub-registrar appointed under section 6 of theregistration act, 1908; or16 of 190818 of 2013(j) a registrar within the meaning of the companies act, 2013; or59 of 1988(k) the registering authority empowered to register motor vehicles underchapter iv of the motor vehicles act, 1988; or2530 of 2013(l) the collector referred to in clause (c) of section 3 of the right to faircompensation and transparency in land acquisition, rehabilitation and resettlement act, 2013; or42 of 1956(m) the recognised stock exchange referred to in clause (f) of section 2 ofthe securities contracts (regulation) act, 1956; or3022 of 1996(n) a depository referred to in clause (e) of sub-section (1) of section 2 ofthe depositories act, 1996; or6 of 1898(o) the post master general within the meaning of clause ( j) of section 2 ofthe indian post office act, 1898; or22 of 1992(p) the director general of foreign trade within the meaning of clause (d)of section 2 of the foreign trade (development and regulation) act,1992; or3524 of 1989(q) the general manager of a zonal railway within the meaning of clause(18) of section 2 of the railways act,1989; or2 of 1934(r) an officer of the reserve bank of india constituted under section 3 ofthe reserve bank of india act, 1934,40who is responsible for maintaining record of registration or statement of accounts or holding any other information under any of the acts specified above or under any other law for the time being in force, which is considered relevant for the purposes of this act, shall furnish such information to the proper officer in such manner as may be prescribed by rules made under this act45(2) where the proper officer considers that the information furnished under sub-section (1) is defective, he may intimate the defect to the person who has furnished5such information and give him an opportunity of rectifying the defect within a period of seven days from the date of such intimation or within such further period which, on an application made in this behalf, the proper officer may allow and if the defect is not rectified within the said period of seven days or, further period, as the case may be, so allowed, then, notwithstanding anything contained in any other provision of this act, such information shall be deemed as not furnished and the provisions of this act shall apply10(3) where a person who is required to furnish information has not furnished the same within the time specified in sub-section (1) or sub-section (2), the proper officer may serve upon him a notice requiring him to furnish such information within a period not exceeding thirty days from the date of service of the notice and such person shall furnish such information15penalty forfailure to furnish information return108b where the person who is required to furnish information under section 108a fails to do so within the period specified in the notice issued under sub-section (3) thereof, the proper officer may direct such person to pay, by way of penalty, a sum of one hundred rupees for each day of the period during which the failure to furnish such information continues" chapter ii customs tariff204 in the customs tariff act, 1975, in section 3, —amendment of section 351 of 1975(a) in sub-section (2),—(i) in clause (ii), for item (a), the following item shall be substituted, namely:—"(a) the duty referred to in sub-sections (1), (3), (5), (7) and (9);";25(ii) in the proviso, in sub-clause (b), item (ii) shall be omitted;(b) in sub-section (6), in clause (ii), for item (a), the following item shall be substituted, namely:—"(a) the duty referred to in sub-sections (5), (7) and (9);";(c) for sub-sections (7) and (8), the following sub-sections shall be substituted, namely:—30"(7) any article which is imported into india shall, in addition, be liable to integrated tax at such rate, not exceeding forty per cent as is leviable under section 5 of integrated goods and services tax act, 2017 on a like article on its supply in india, on the value of the imported article as determined under sub-section (8)3552 of 1962(8) for the purposes of calculating the integrated tax under sub-section (7) on any imported article where such tax is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the customs act, 1962, be the aggregate of—4052 of 1962(a) the value of the imported article determined undersub-section (1) of section 14 of the customs act, 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case maybe; and52 of 196245(b) any duty of customs chargeable on that article under section 12of the customs act, 1962, and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in sub-section (9)(9) any article which is imported into india shall, in addition, be liable to the goods and services tax compensation cess at such rate, as is leviable under section 8 of the goods and services tax (compensation to states) cess act, 2017 on a like article on its supply in india, on the value of the imported article as determined under sub-section (10)552 of 1962(10) for the purposes of calculating the goods and services tax compensation cess under sub-section (9) on any imported article where such cess is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the customs act, 1962, be the aggregate of—10(a) the value of the imported article determined under sub-section (1) of section 14 of the customs act, 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be;and15(b) any duty of customs chargeable on that article under section 12of the customs act, 1962, and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in sub-section (9)20(11) the duty or tax or cess, as the case may be, chargeable under this section shall be in addition to any other duty or tax or cess, as the case may be, imposed under this act or under any other law for the time being in force52 of 196225(12) the provisions of the customs act, 1962 and the rules and regulations made thereunder, including those relating to drawbacks, refunds and exemption from duties shall, so far as may be, apply to the duty or tax or cess, as the case may be, chargeable under this section as they apply in relation to the duties leviable under that act" chapter iii central excise301 of 1944amendment of section 25 in the central excise act, 1944 (hereinafter referred to as the central excise act), in section 2,—5 of 1986(a) in clause (d), for the words and figures "the first schedule and the second schedule to the central excise tariff act, 1985", the words "the fourth schedule" shall be substituted;(b) in clause (e) the words ''other than salt'' shall be omitted;355 of 1986(c) in clause (f), in sub-clause (ii), for the words and figures "the first scheduleto the central excise tariff act, 1985", the words "the fourth schedule" shall be substituted6 in the central excise act, for section 3, the following section shall be substituted, namely:—40substitution of new section for section 3duty specified in the fourth schedule to be levied45"3 (1) there shall be levied and collected in such manner as may be prescribed a duty of excise to be called the central value added tax (cenvat) on all excisable goods (excluding goods produced or manufactured in special economic zones) which are produced or manufactured in india as, and at the rates, set forth in the fourth schedule:provided that the duty of excise which shall be levied and collected on any excisable goods which are produced or manufactured by a hundred per cent exportoriented undertaking and brought to any other place in india, shall be an amount equal to the aggregate of the duties of customs which would be leviable under the customs52 of 19625act, 1962 or any other law for the time being in force, on like goods produced or manufactured outside india if imported into india, and where the said duties of customs are chargeable by reference to their value, the value of such excisable goods shall, notwithstanding anything contained in any other provision of this act, be determined in accordance with the provisions of the customs act, 1962 and the customs tariff act, 197551 of 1975explanation 1—where in respect of any such like goods, any duty of customsleviable for the time being in force is leviable at different rates, then, such duty shall, for the purposes of this proviso, be deemed to be leviable at the highest of those rates10explanation 2—for the purposes of this sub-section,—65 of 195115(i)"hundred per cent export-oriented undertaking" means an undertakingwhich has been approved as a hundred per cent export-oriented undertaking by the board appointed in this behalf by the central government in exercise of the powers conferred by section 14 of the industries (development and regulation) act, 1951, and the rules made under that act;(ii) "special economic zone" shall have the meaning assigned to it inclause (za) of section 2 of the special economic zones act, 200528 of 200520(2) the provisions of sub-section (1) shall apply in respect of all excisablegoods which are produced or manufactured in india by or on behalf of the government, as they apply in respect of goods which are not produced or manufactured by the government25(3) the central government may, by notification in the official gazette, fix, for the purposes of levying the said duty, tariff values of any articles enumerated, either specifically or under general headings, in the fourth schedule as chargeable with duty ad valorem and may alter any tariff values for the time being in force(4) the central government may fix different tariff values—(a) for different classes or descriptions of the same excisable goods; or (b) for excisable goods of the same class or description—(i) produced or manufactured by different classes of producers ormanufacturers; or30(ii) sold to different classes of buyers:35provided that in fixing different tariff values in respect of excisablegoods falling under sub-clause (i) or sub-clause (ii), regard shall be had to the sale prices charged by the different classes of producers or manufacturers or, as the case may be, the normal practice of the wholesale trade in such goods''5 of 1986amendment of section 3a7 in the central excise act, in section 3a, in explanation 1, for the words and figures,"first schedule and the second schedule to the central excise tariff act, 1985", the words ''fourth schedule'' shall be substituted408 in the central excise act, after section 3a, the following sections shall be inserted,namely:—45''3b (1) where, in respect of any goods, the central government is satisfied that the duty leviable thereon under section 3 should be increased and that circumstances exist which render it necessary to take immediate action, the central government may, by notification in the official gazette, amend the fourth schedule to substitute the rate of duty specified therein in respect of such goods in the following manner, namely:—insertion of new sections 3b and 3cemergency power of central government to increase duty of excise(a) in a case where the rate of duty as specified in the fourth schedule asin force immediately before the issue of such notification is nil, a rate of duty not exceeding fifty per cent ad valorem expressed in any form or method;(b) in any other case, a rate of duty which shall not be more than twice the rate of duty specified in respect of such goods in the fourth schedule as in force immediately before the issue of the said notification:5provided that the central government shall not issue any notification under this sub-section for substituting the rate of duty in respect of any goods as specified by an earlier notification issued under this sub-section by that government before such earlier notification has been approved with or without modifications under sub-section (2)10explanation—for the purposes of this sub-section, the term "form or method", in relation to a rate of duty of excise, means the basis, including valuation, weight, number, length, area, volume or any other measure, on which the duty may be levied1520(2) every notification under sub-section (1) shall be laid before each house of parliament, if it is in session, as soon as may be after the issue of the notification, and, if it is not in session, within seven days of its re-assembly, and the central government shall seek the approval of parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the house of the people and if parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder25(3) any notification issued under sub-section (1), including a notification approved or modified under sub-section (2), may be rescinded by the central government at any time by issuing notification in the official gazette3c (1) where the central government is satisfied that it is necessary so to do in the public interest, it may, by notification in the official gazette, amend the fourth schedule:power of central government to amend fourth schedule30provided that such amendment shall not alter or affect in any manner the rates specified in the fourth schedule at which the duties of excise shall be leviable on the goods specified therein"amendment of section 389 in the central excise act, in section 38, after the word, figure and letter"section 3a", the word, figure and letter "section 3c" shall be inserted10 in the central excise act, after section 38a, the following section shall be inserted, namely:—35insertion of a new section 38b5 of 198640"38b notwithstanding the repeal of the central excise tariff act, 1985 by sub-section (1) of section 174 of the central goods and services tax act, 2017, any reference to the chapter, heading, sub-heading or tariff item, as the case may be, in the first schedule to the said act or in any rules or regulations made thereunder, or in any notification, circular, order or instruction issued thereunder, shall mean a reference to the chapter, heading, sub-heading or tariff item, as the case may be, in the fourth schedule"savings of references to chapter, heading, subheading and tariff item in central excise tariff act, 198511 in the central excise act, for the third schedule, the schedule specified in the first schedule shall be substitutedsubstitution of new schedule for third schedule4512 in the central excise act, after the third schedule, the schedule specified in the second schedule shall be insertedinsertion of fourth schedule chapter iv miscellaneous13 in the finance act, 2001, in the seventh schedule,—5amendment of seventh schedule to act 14 of 2001(a) except tariff items 2402 20 10, 2402 20 20, 2402 20 30, 2402 20 40, 2402 20 50,2402 20 90, 2402 90 10, 2403 11 10, 2403 19 10, 2403 19 21, 2403 19 29, 2403 19 90, 2403 91 00, 2403 99 10, 2403 99 20, 2403 99 30, 2403 99 40, 2403 99 50, 2403 99 60, 2403 99 90 and 2709 00 00 and the entries relating thereto, all other heading, sub-heading, tariff items and entries relating thereto shall be omitted;10(b) for tariff item 27090000 and the entries relating thereto, the followingtariff item and entries shall be substituted, namely:—(1)(2)(3)(4)''2709 2000petroleum crudekgrs 50 per tonne''14 in the finance act, 2005, in the seventh schedule, tariff item 2106 90 20 and theentries relating thereto shall be omittedamendment of seventh schedule to act 18 of 20051515 (1) the enactments specified in the third column of the third schedule are herebyrepealed to the extent specified in the fourth column thereofrepeal and savings of certain enactments(2) notwithstanding the repeal under sub-section (1), such repeal shall not—(a) affect any other law in which the repealed enactment has been applied,incorporated or referred to;20(b) affect the validity, invalidity, effect or consequences of anything alreadydone or suffered or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing under the repealed enactment;25(c) affect any principle or rule of law, or established jurisdiction, form or courseof pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively mayhave been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;30(d) revive or restore any jurisdiction, office, custom, liability, right, title, privilege,restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force10 of 1897(2) the mention of particular matters in sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897, with regard to the effect of repeals3516 notwithstanding the repeal of the enactments specified in the third schedule, the proceeds of duties levied under the said enactments immediately preceding the date appointed under sub-section (2) of section 1,—collection and payment of arrears of duties(i) if collected by the collecting agencies but not paid into the reserve bank of india; or40(ii) if not collected by the collecting agencies, shall be paid or as the case may be, collected and paid into the reserve bank of india for being credited to the consolidated fund of india the first schedule (see section 11) "the third schedule [see section 2 (f) (iii)] notes51 in this schedule, "heading", "sub-heading" and "tariff item" mean respectively, a heading, sub-heading and tariff item in the fourth schedule2 the rules for the interpretation, the section, chapter notes and the general explanatory notes of the fourth schedule shall apply to the interpretation of this schedule| slno | heading, sub-heading or tariff item | description of goods ||----------------------------|---------------------------------------|----------------------------------|| 10 | | || 1 | 2402 20 10 to 2402 20 90 | all goods || 2 | 2403 99 10, 2403 99 20, 2403 99 30 | chewing tobacco and preparations || containing chewing tabacco | | || 3 | 2403 99 90 | pan masala containing tobacco" | the second schedule (see section 12) "the fourth schedule[see section 2 (d) and 2 (f) (ii)] general rules for the interpretation of this schedule5classification of goods in this schedule shall be governed by the following principles:101 the titles of sections, chapters and sub-chapters are provided for ease of referenceonly; for legal purposes, classification shall be determined according to the terms of the headings and any relative sections or chapter notes and, provided such headings or notes do not otherwise require, according to the following provisions2 any reference in a heading—15(a) to an article shall be taken to include a reference to that article incomplete orunfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article it shall also be taken to include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), presented unassembled or disassembled;20(b) to a material or substance shall be taken to include a reference to mixtures orcombinations of that material or substance with other materials or substances any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance the classification of goods consisting of more than one material or substance shall be according to the principles of rule 33 when by application of clause (b) of rule 2 or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:—2530(a) the heading which provides the most specific description shall be preferredto headings providing a more general description however, when two or more headings each refer to part only of the materials or substances contained in mixed or compositegoods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods;35(b) mixtures, composite goods consisting of different materials or made up ofdifferent components, and goods put up in sets for retail sale, which cannot be classified by reference to clause (a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable;(c) when goods cannot be classified by reference to clause (a) or clause (b), theyshall be classified under the heading which occurs last in numerical order among those which equally merit consideration4 goods which cannot be classified in accordance with the above rules shall be classified under the heading appropriate to the goods to which they are most akin405 for legal purposes, the classification of goods in the sub-headings of a heading shall be determined according to the terms of those sub-headings and any related subheading notes and, mutatis mutandis, to the above rules, on the understanding that only sub-headings at the same level are comparable for the purposes of this rule, the relative chapter notes also apply, unless the context otherwise requires45 general explanatory notes51 where in column (2) of this schedule, the description of an article or group of articles under a heading is preceded by "-", the said article or group of articles shall be taken to be a sub-classification of the article or group of articles covered by the said heading where, however, the description of an article or group of articles is preceded by "--", the said article or group of articles shall be taken to be a sub-classification of the immediately preceding description of the article or group of articles which has "-" where the description of an article or group of articles is preceded by "---" or "----", the said article or group of articles shall be taken to be a sub-classification of the immediately preceding description of the article or group of articles which has "-" or "--"101 of 1944152 the abbreviation "%" in column (4) of this schedule, in relation to the rate of duty, indicates that the duty on the goods to which the entry relates shall be charged on the basis of the value of the goods fixed, defined or deemed to be, as the case may be, under or in subsection (2), read with sub-section (3), of section 3 or section 4 or section 4a of the central excise act, 1944, the duty being equal to such percentage of the value as is indicated in that column additional notesin this schedule,—(1) the expression,—| 20 | ( ||-----------------------------------------------------------------------------------|-----|| a | || ) "heading", in respect of goods, means a description in list of tariff | || provisions accompanied by a four-digit number and includes all sub-headings | || of tariff items the first four-digits of which correspond to that number; | || ( | || b | || ) "sub-heading", in respect of goods, means a description in the list of | || tariff provisions accompanied by a six-digit number and includes all tariff items | || the first six-digits of which correspond to that number; | 25 || ( | || c | || ) "tariff item" means a description of goods in the list of tariff provisions | || accompanying either eight-digit number and the rate of the duty of excise, or | || eight-digit number with blank in the column of the rate of duty; | || ( | || 2 | || ) the list of tariff provisions is divided into sections, chapters and sub- | || chapters; | 30 |(3) in column (3), the standard unit of quantity is specified for each tariff item to facilitate the collection, comparison and analysis of trade statistics;(4) "…" against any goods denotes that central excise duty under this schedule is not leviable on such goodslist of abbreviations used35abbreviations for 1 kg kilogram 2 tu thousand in number section iv tobacco and manufactured tobacco substitutes40 notein this section, the expression "unit container" means a container, whether large or small (for example, tin, can, box, jar, bottle, bag or carton, drum, barrel or canister) designed to hold a predetermined quantity or number chapter 24 tobacco and manufactured tobacco substitutes notes51 in this chapter, "brand name" means a brand name, whether registered or not, that isto say, a name or a mark, such as a symbol, monogram, label, signature invented words or any writing which is used in relation to a product, for the purpose of indicating, or so as to indicate, a connection in the course of trade between the product and some person using such name or mark with or without any indication of the identity of that person102 in relation to products of heading 2401or 2402 or 2403, labelling or relabelling ofcontainers or repacking from bulk packs to retail packs or the adoption of any other treatment to render the product marketable to the consumer, shall amount to ''manufacture''3 in this chapter, "pan masala containing tobacco", commonly known as ''gutkha'' or by any other name, included in tariff item 2403 99 90, means any preparation containing betelnuts and tobacco and any one or more of the following ingredients, namely:—(i) lime; and15(ii) kattha(catechu),whether or not containing any other ingredients, such ascardamom, copra and menthol sub-heading note20for the purposes of sub-heading 2403 11, the expression "water pipe tobacco" means tobacco intended for smoking in a water pipe and which consists of a mixture of tobacco and glycerol, whether or not containing aromatic oils and extracts, molasses or sugar, and whether or not flavoured with fruit however, tobacco-free products intended for smoking in a water pipe are excluded from this sub-heading supplementry notesfor the purposes of this chapter:25(1) "tobacco" means any form of tobacco, whether cured or uncured and whether manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does not include any part of a tobacco plant while still attached to the earth30(2) "cut-tobacco" means the prepared or processed cut-to-size tobacco which is generally blended or moisturised to a desired extent for use in the manufacture of machinerolled cigarettes(3) "smoking mixtures for pipes and cigarettes" of sub-heading 2403 10 does not cover" gudaku"| tariff item | description of goods | unit | rate of duty ||-----------------------------------------|----------------------------------------|----------------------------------|----------------|| 35 | | | || (1) | (2) | (3) | (4) || 2401 | | | || unmanufactured tobacco; tobacco refuse | | | || 2401 10 | - | | || tobacco, not stemmed or stripped | | | || : | | | || 2401 10 10 | --- flue cured virginia tobacco | kg | 64% || 2401 10 20 | --- sun cured country (natu) tobacco | kg | 64% || 40 | 2401 10 30 | --- sun cured virginia tobacco | kg || 2401 10 40 | --- burley tobacco | kg | 64% || (1) | (2) | (3) | (4) ||----------------------------------------------------------|------------------------------------------------------|-------------------------------------------------------|----------|| 2401 10 50 | --- tobacco for manufacture of biris, not stemmed | kg | 64% || 2401 10 60 | --- tobacco for manufacture of chewing tobacco | kg | 64% || 2401 10 70 | --- tobacco for manufacture of cigar and cheroot | kg | 64% || 2401 10 80 | --- tobacco for manufacture of hookah tobacco | kg | 64% || 5 | | | || 2401 10 90 | --- other | kg | 64% || 2401 20 | - | | || tobacco, partly or wholly stemmed or stripped | | | || : | | | || 2401 20 10 | --- flue cured virginia tobacco | kg | 64% || 2401 20 20 | --- sun cured country (natu) tobacco | kg | 64% || 2401 20 30 | --- sun cured virginia tobacco | kg | 64% || 10 | | | || 2401 20 40 | --- burley tobacco | kg | 64% || 2401 20 50 | --- tobacco for manufacture of biris | kg | 64% || 2401 20 60 | --- tobacco for manufacture of chewing tobacco | kg | 64% || 2401 20 70 | --- tobacco for manufacture of cigar and cheroot | kg | 64% || 2401 20 80 | --- tobacco for manufacture of hookah tobacco | kg | 64% || 15 | | | || 2401 20 90 | --- other | kg | 64% || 2401 30 00 | - tobacco refuse | kg | 50% || 2402 | | | || cigars, cheroots, cigarillos and cigarettes, of | | | || tobacco or of tobacco substitutes | | | || 2402 10 | - | | || cigars, cheroots and cigarillos, containing tobacco | | | || : | | | || 20 | | | || 2402 10 10 | --- cigar and cheroots | tu | 125% or || 25 | | | || rs 4006 per | | | || thousand, | | | || whichever is | | | || higher | | | || 2402 10 20 | --- cigarillos | tu | 125% or || rs 4006 per | | | || thousand, | | | || whichever is | | | || higher | | | || 30 | | | || 2402 20 | - | | || cigarettes, containing tobacco | | | || : | | | || 2402 20 10 | --- | other than filter cigarettes, of length not exceeding | || 65 millimetres | tu | rs 1280 per | || thousand | | | || 35 | | | || 2402 20 20 | --- | other than filter cigarettes, of length exceeding | || 65 millimetres but not exceeding 70 millimetres | tu | rs 2335 per | || thousand | | | || 40 | | | || 2402 20 30 | --- | filter cigarettes of length (including the length | || of the filter, the length of filter being 11 millimetres | | | || or its actual length, whichever is more) not | | | || exceeding 65 millimetres | tu | rs 1280 per | || thousand | | | || 2402 20 40 | --- | filter cigarettes of length (including the length | || of the filter, the length of filter being 11 milliterres | | | || (1) | (2) | (3) | (4) ||----------------------------------------------------------|--------------------------------------------------|---------------------------------------------------|--------------|| 5 | | | || 10 | | | || or its actual length, whichever is more) | | | || exceeding 65 millimetres but not exceeding | | | || 70 millimetres | tu | rs 1740 per | || thousand | | | || 2402 20 50 | --- | filter cigarettes of length (including the length | || of the filter, the length of filter being 11 millimetres | | | || or its actual length, whichever is more) exceeing | | | || 70 millimetres but not exceeding 75 millimetres | tu | rs 2335 per | || thousand | | | || 2402 20 90 | --- other | tu | rs 3375 per || thousand | | | || 2402 90 | - | | || other | | | || : | | | || 15 | | | || 20 | | | || 2402 90 10 | --- cigarettes of tobacco substitutes | tu | rs 3375 per || thousand | | | || 2402 90 20 | --- cigarillos of tobacco substitutes | tu 125 % or rs | || 4006 per | | | || thousand | | | || whichever is | | | || higher | | | || 25 | | | || 2402 90 90 | --- other | tu | 125% or rs || 4006 per | | | || thousand | | | || whichever is | | | || higher | | | || 2403 | | | || other manufactured tobacco and manufactured | | | || tobacco substitutes;"homogenised" or | | | || "reconstituted" tobacco; tobacco extracts and | | | || essences | | | || 30 | | | || - | | | || smoking tobacco, whether or not containing | | | || tobacco substitue in any proportion; | | | || 2403 11 | -- | | || water pipe tobacco specified in sub-heading | | | || note to this chapter: | | | || 35 | | | || 2403 11 10 | --- hukkah or gudaku tobacco | kg | 60% || 2403 11 90 | --- other | kg | 60% || 2403 19 | -- | | || other | | | || 2403 19 10 | --- smoking mixtures for pipes and cigarettes | kg | 360% || 40 | | | || --- biris : | | | || 2403 19 21 | ---- other than paper rolled biris, manufactured | tu | rs 12 per || without the aid of machine | thousand | | || 2403 19 29 | ---- other | tu | rs 80 per || thousand | | | || 2403 19 90 | --- other | kg | 40% || 45 | | | || - | | | || other | | | || : | | | || 2403 91 00 | -- "homogenised" or "reconstituted" tobacco | kg | 60% || 2403 99 | -- | | || other | | | || : | | | || 2403 99 10 | --- chewing tobacco | kg | 81% || 2403 99 20 | --- preparations containing chewing tobacco | kg | 60% || (1) | (2) | (3) | (4) ||------------|-----------------------------|-------|-------|| 2403 99 30 | --- jarda scented tobacco | kg | 81% || 2403 99 40 | --- snuff | kg | 60% |5| 2403 99 50 | --- preparations containing snuff | kg | 60% ||--------------|---------------------------------------|-------|---------------|| 2403 99 60 | --- tobacco extracts and essence | kg | 60% || 2403 99 70 | --- cut-tobacco | kg | rs 70 per kg || 2403 99 90 | --- other | kg | 81% | section v mineral products10 chapter 27 mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes notes151 references in heading 2710 to "petroleum oils and oils obtained from bituminous minerals" include not only petroleum oils and oils obtained from bituminous minerals, but also similar oils, as well as those consisting mainly of mixed unsaturated hydrocarbons, obtained by any process, provided that the weight of the non-aromatic constituents exceeds that of the aromatic constituents20however, the references do not include liquid synthetic polyolefins of which less than 60% by volume distils at 300ºc, after conversion to 1,013 millibars when a reducedpressure distillation method is used252 in relation to lubricating oils and lubricating preparations of heading 2710, labelling or relabelling of containers or repacking from bulk packs to retail packs or the adoption of any other treatment to render the product marketable to the consumer, shall amount to ''manufacture''3 in relation to natural gas falling under heading 2711, the process of compression of natural gas (even if it does not involve liquefaction), for the purpose of marketing it as compressed natural gas (cng), for use as a fuel or for any other purpose, shall amount to "manufacture"30 sub-heading notefor the purposes of sub-heading 2710 12, "light oils and preparations" are those of which 90% or more by volume (including losses) distil at 210ºc (astm d 86 method) supplementary notes35in this chapter, the following expressions have the meanings hereby assigned to them:—40(1) "motor spirit" means any hydrocarbon oil (excluding crude mineral oil) which has its flash point below 25ºc and which either by itself or in admixture with any other substance, is suitable for use as fuel in spark ignition engines "special boiling point spirits (tariff items 2710 12 11, 2710 12 12 and 2710 12 13 )" means light oils, as defined in sub-heading note 4, not containing any anti-knock preparations, and with a difference of not more than 60ºc between the temperatures at which 5% and 90% by volume (including losses) distil;(2) ''natural gasoline liquid (ngl)'' is a low-boiling liquid petroleum product extracted from natural gas;(3) "aviation turbine fuel (atf)" means any hydrocarbon oil conforming to the indian standards specification of bureau of indian standards is : 1571:1992:2000;(4) "high speed diesel (hsd)" means any hydrocarbon oil conforming to the indian standards specification of bureau of indian standards is: 1460:2000;5(5) for the purposes of these additional notes, the tests prescribed have the meaning hereby assigned to them :30 of 1934(a) "flash point" shall be determined in accordance with the test prescribed in this behalf in the rules made under the petroleum act, 1934;10(b) "smoke point" shall be determined in the apparatus known as thesmoke point lamp in the manner indicated in the indian standards institution specification is:1448 (p 31)-1967 for the time being in force;(c) "final boiling point" shall be determined in the manner indicated in the indian standards institution specification is:1448 (p18)-1967 for the time being in force;15(d) "carbon residue" shall be determined in the apparatus known asramsbottom carbon residue apparatus in the manner indicated in the indian standards institution specification is:1448 (p 8)-1967 for the time being in force;(e) "colour comparison test" shall be done in the following manner, namely:—20(i) first prepare a five per cent weight by volume solution ofpotassium iodine (analytical reagent quality) in distilled water;(ii) to this, add iodine (analytical reagent quality) in requisite amountto prepare an exactly 004 normal iodine solution;25(iii) thereafter, compare the colour of the mineral oil under test withthe iodine solution so preparedtariff itemdescription of goodsunitrate of duty(1)(2)(3)(4)2709petroleum oils and oils obtained from bituminouskg…minerals, crude302709 10 00-petroleum oils and oils obtained from bituminouskg…minerals2709 20 00- petroleum crudenil352710petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils4045- petroleum oils and oils obtained from bituminousminerals (other than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oil| (1) | (2) | (3) | (4) ||-----------------------------------------------------|---------------------------------------------------------|----------------------------------------------|---------|| 2710 12 | -- | | || light oils and preparations | | | || : | | | || --- | | | || motor spirit (commonly known as petrol) | | | || : | | | || 5 | | | || 2710 12 11 | ---- special boiling point spirits (other than benzene, | kg | 14%+rs || toluol) with nominal boiling point range 55-115 °c | 1500 per litre | | || 2710 12 12 | ---- special boiling point spirits (other than benzene, | kg | 14%+rs || toluene and toluol) with nominal boiling point | 1500 per litre | | || range 63-70 °c | | | || 10 | | | || 2710 12 13 | ---- other special boiling points sprits (other than | kg | 14%+rs || benzene, benzol, toluene and toluol) | 1500 per litre | | || 2710 12 19 | ---- other | kg | 14%+rs || 1500 per litre | | | || 2710 12 20 | --- natural gasoline liquid | kg | 14%+rs || 1500 per litre | | | || 15 | | | || 2710 12 90 | --- other | kg | 14%+rs || 1500 per litre | | | || 2710 19 | -- | | || other | | | || : | | | || 2710 19 10 | --- superior kerosene oil (sko) | kg | … || 2710 19 20 | --- aviation turbine fuel (atf) | kg | 14% || 20 | | | || 2710 19 30 | --- high speed diesel (hsd) | kg | 14%+rs || 1500 per litre | | | || 2710 19 40 | --- light diesel oil (ldo) | kg | … || 2710 19 50 | --- fuel oil | kg | … || 2710 19 60 | --- base oil | kg | … || 25 | | | || 2710 19 70 | --- jute batching oil and textile oil | kg | … || 2710 19 80 | --- lubricating oil | kg | … || 2710 19 90 | --- other | kg | … || - waste oil: | … | | || 30 | | | || 35 | | | || 2710 20 00 | petroleum oils and oils obtained from bituminous | kg | … || minerals (other than crude) and preparations not | | | || elsewhere specified or included, containing by | | | || weight 70% or more of petroleum oils or of oil | | | || obtained from bituminous minerals, these oils being | | | || the basic constituents of the preparations, | | | || containing biodiesel, other than waste oils | | | || 2710 91 00 | -- | containing polychlorinated biphenyls (pcbs), | kg || polychlorinated terphenyls (pcts) or | | | || polybrominated biphenyls (pbbs) | | | || 2710 99 00 | -- other | kg | … || 40 | | | || 2711 | | | || petroleum gases and other gaseous hydrocarbons | | | || - liquefied: | | | || 2711 11 00 | -- natural gas | kg | 14% || (1) | (2) | (3) | (4) ||---------------------------|-----------------------------------------------------|-------|-------|| 2711 12 00 | -- propane | kg | … || 2711 13 00 | -- butane | kg | … || 2711 14 00 | -- ethylene, propylene, butylene and butadiene | kg | … || 5 | | | || 2711 19 00 | -- other | kg | … || - in gaseous state: | | | || 2711 21 00 | -- natural gas | kg | 14% || 2711 29 00 | -- other | kg | … | the third schedule (see section 15)| year | no | short title of enactments | extent of repeal ||-----------------------------|-------|----------------------------------------------------|---------------------|| (1) | (2) | (3) | (4) || 5 | | | || 1947 | 24 | the rubber act, 1947 | clause( || b | | | || ) of sub-section ( | | | || 1 | | | || ) | | | || of section 9 and section 12 | | | || 1951 | 65 | the industries (development and | section 9 || regulation) act, 1951 | | | || 10 | | | || 1953 | 29 | the tea act, 1953 | clause ( || c | | | || ) of section 3, | | | || sections 25 and 26 and | | | || clause ( | | | || a | | | || ) of sub-section ( | | | || 1 | | | || ) | | | || of section 27 | | | || 1974 | 28 | the coal mines (conservation and | sections 6, 7 and 8 || development) act, 1974 | | | || 15 | | | || 1976 | 56 | the beedi workers welfare cess act, 1976the whole | || 1977 | 36 | the water (prevention and control of | the whole || pollution) cess act, 1977 | | | || 1982 | 3 | the sugar cess act, 1982 | the whole || 1982 | 4 | the sugar development fund act, 1982 sub-section ( | || 2 | | | || ) of section 3 | | | || 20 | | | || 1983 | 28 | the jute manufacturers cess act, 1983 the whole | || 2004 | 23 | the finance (no 2) act, 2004 | section 93 || 2007 | 22 | the finance act, 2007 | section 138 || 2010 | 14 | the finance act, 2010 | chapter vii || 2015 | 20 | the finance act, 2015 | chapter vi || 25 | | | || 2016 | 28 | the finance act, 2016 | chapters vi and vii | statement of objects and reasonsas the goods and services tax is to be introduced with effect from the 1st day of july, 2017, the following four legislations are in the process of being enacted, namely:—(a) the central goods and services tax bill, 2017; (b) the integrated goods and services tax bill, 2017; (c) the union territory goods and services tax bill, 2017;(d) the goods and services tax (compensation to the states) bill, 20172 consequently, the central excise duty on excisable goods [other than petroleum crude, motor spirit (petrol), high speed diesel, aviation turbine fuel and natural gas], the service tax on taxable services, the value added tax on sale or purchase of goods and certain other taxes shall be subsumed in the goods and services taxtherefore, it requires certain consequential amendments in the customs act, 1962, the customs tariff act, 1975, the central excise act, 1944, the finance act, 2001 and the finance act, 2005 and repeal of certain enactments3 the customs act, 1962 provides for removal of goods from a customs station to a warehouse without payment of duty it is proposed to amend the said act to include 'warehouse' in the definition of "customs area" to ensure that an importer would not be required to pay the proposed integrated goods and services tax at the time of removal of goods from a customs station to a warehouse it is also proposed to amend the said act to insert new provisions therein so as to provide for furnishing of information by specified persons in respect of import or export of goods, on the lines of the income-tax act, 1961, the central excise act, 1944, chapter v of the finance act, 1994 and the legislations referred to in paragraph 14 the customs tariff act, 1975 is proposed to be amended to provide for levy of integrated goods and service tax and goods and services tax compensation cess on imported goods, including valuation thereof, so as to provide a level playing field to the domestic industry vis-à-vis imported goods5 consequent to the proposed repeal of the central excise tariff act, 1944 vide the central goods and services tax bill, 2017, a new schedule, namely, the fourth schedule is proposed to be inserted in the central excise act, 1944 to provide for classification and duty rates for excisable goods, namely, petroleum crude, motor spirit (petrol), high speed diesel, aviation turbine fuel and natural gas, tobacco and tobacco products, which are presently covered under chapter 24 and chapter 27 of the central excise tariff act, 1985, so that the said schedule will continue to attract central excise duty even after the commencement of the legislations referred to in paragraph 1 certain consequential amendments are proposed to be made in the central excise act, 1944 also relating to certain definitions, charging sections, provisions of deemed manufacture and insertion of emergency powers to increase the rate of duty, on the same lines as are presently provided in the central excise tariff act, 19856 consequent to the introduction of goods and services tax, the cesses or surcharges levied or collected as duties of central excise on excisable goods or as service tax on taxable services would become irrelevant, as the supplies of such goods [except petroleum crude, motor spirit (petrol), high speed diesel, aviation turbine fuel and natural gas, tobacco and tobacco products] and such services would be chargeable to goods and services taxthe proposed bill seeks to abolish certain cesses or surcharges which are levied or collected as duty of excise or service tax under various acts the proposed bill also seeks to abolish the cess levied on water consumed by certain industries and by local authorities under the water (prevention and control of pollution) cess act, 19777 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 27th march, 2017 ———— president's recommendation under article 117 of the constitution of india[copy of do no 354/39/2017-tru dated 27 march, 2017 from shri arun jaitley, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the taxation laws(amendment) bill, 2017, recommends under clause (1) and (3) of article 117 read with clause (1) of article 274 of the constitution of india, the introduction of the taxation laws (amendment) bill, 2017 to lok sabha and also recommends to lok sabha the consideration of the bill notes on clausesclause 2 of the bill seeks to amend clause (11) of section 2 of the customs act, 1962 so as to include 'warehouse' in the definition of customs area to ensure that an importer is not asked to pay integrated goods and services tax at the time of removal of goods from a customs station to a warehouseclause 3 of the bill seeks to insert new sections 108a and 108b in the customs act,1962, so as to provide for furnishing of such information in respect of import or export of goods, as may be prescribed by rules, by persons specified thereinclause 4 of the bill seeks to amend section 3 of the customs tariff act, 1975 so as to levy integrated goods and service tax and goods and services tax compensation cess on imported goods and/or servicesclause 5 of the bill seeks to amend section 2 of the central excise act, 1944 so as to replace the reference to the first schedule and the second schedule to the central excise tariff act, 1985, with the reference to the proposed fourth schedule to the central excise act, 1944, in the definition of "excisable goods" and "manufacture" and also to delete the reference to "salt" in the definition of "factory"clause 6 of the bill seeks to amend section 3, the charging section, so as to replace the reference to the first schedule and the second schedule to the central excise tariff act, 1985, with the reference to the proposed fourth schedule to the central excise act, 1944, and to delete the provision for levy of special duty of excise provided under clause (b) of sub-section (1) of section 3clause 7 of the bill seeks to amend section 3a of the central excise act, 1944, which provides for levy of central excise duty on the basis of capacity of production in respect of notified goods, so as to replace the reference to the first schedule and the second schedule to the central excise tariff act, 1985, with reference to the proposed fourth schedule to the central excise act, 1944clause 8 of the bill seeks to insert two new sections 3b and 3c pertaining to emergency power of central government to increase the rate of duty of excise and power of central government to amend the proposed fourth schedule to the central excise act, 1944, respectively, on the same line as they exist in the central excise tariff act, 1985clause 9 of the bill seeks to amend section 38 of the central excise act, 1944 so as to enable the central government to lay before parliament, the notification issued by it to amend the fourth schedule in exercise of the power conferred under the proposed section 3cclause 10 of the bill seeks to insert a new section 38b for savings of references to chapter, heading, sub-heading and tariff item in central excise tariff act, 1985clause 11 of the bill seeks to substitute the third schedule to the central excise act, 1944 with a new schedule by omitting the entries relating to goods which would be chargeable to goods and services taxclause 12 of the bill seeks to insert a new fourth schedule in the central excise act,1944 so as to prescribe the central excise tariff in respect of goods which would continue to be chargeable to central excise duty even after the introduction of goods and services taxclause 13 of the bill seeks to amend the seventh schedule to the finance act, 2001to retain entries relating to tobacco and tobacco products and petroleum oils and oils obtained from bituminous minerals, crudeclause 14 of the bill seeks to amend the seventh schedule to the finance act,2005, so as to omit the entries relating to pan masalaclause 15 of the bill seeks to repeal certain enactments specified in the third schedule to the extent mentioned in the fourth column thereofclause 16 of the bill seeks to provide for collection and payment of arrears of duties notwithstanding the repeal of the enactments specified in the third schedule financial memorandumthe bill proposes to make certain amendments in the customs act, 1962, the customs tariff act, 1975, the central excise act, 1944, the finance act, 2001, the finance act, 2005 and to repeal certain enactments which are consequential to the enactments proposed to be enacted for the introduction of goods and services tax it does not involve any financial implication memorandum regarding delegated legislationclause 3 of the bill seeks to insert new sections 108a and 108b in the customs act,1962 sub-section (1) of proposed section 108a empowers the central government to make rules to provide for the information to be furnished by persons specified therein in respect of import or export of goods and the manner of furnishing such information2 the matters in respect of which rules or regulations may be made or notifications may be issued in accordance with the provisions of the bill are matters of procedure and detail and it is not practicable to provide for them in the bill 3 the delegation of legislative power is, therefore, of a normal character annexure extract from the customs act, 1962 (52 of 1962) definitions2 in this act, unless the context otherwise requires,— (11) "customs area" means the area of a customs station and includes any area in which imported goods or export goods are ordinarily kept before clearance by customs authorities; extracts from the customs tariff act, 1975 (51 of 1975) 3(1) levy of additional duty equal to excise duty, sales tax, local taxes and other charges52 of 1962(2) for the purpose of calculating under sub-sections (1) and (3), the additional duty on any imported article, where such duty is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the customs act, 1962, be the aggregate of—(i) 52 of 1962(ii) any duty of customs chargeable on that article under section 12 of thecustoms act, 1962, and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include—(a) the duty referred to in sub-section (1), (3) and (5); provided that in case of an article imported into india,—(a) (b) where the like article produced or manufactured in india, or in case where such like article is not so produced or manufactured, then, the class or description of articles to which the imported article belongs, is—(i) 16 of 1955(ii) the goods specified by notification in the official gazette under section3 read with clause (1) of explanation iii of the schedule to the medicinal andtoilet preparations (excise duties) act, 1955 the value of the imported article shall be deemed to be the retail sale price declared on the imported article less such amount of abatement, if any, from such retail sale price as the central government may, by notification in the official gazette, allow in respect of such like article under clause (2) of the said explanationexplanation—where on any any imported article more than one retail sale price is declared, the maximum of such retail rice shall be deemed to be the retail sale price for the purposes of this section]52 of 1962(6) for the purpose of calculating under sub-section (5), the additional duty on any imported article, the value of the imported article shall, notwithstanding anything contained in sub-section (2) or section 14 of the customs act, 1962 be the aggreate of—(i) 52 of 1962(ii) any duty of customs chargeable on that article under section 12 of the customs act, 1962, any any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include—(a) the duty referred to in sub-section (5);(b) the safeguard duty referred to in sections 8b and 8c; (c) the countervailing duty referred to in section 9; and(d) the anti-dumping duty referred to in section 9a(7)the duty chargeable under this section shall be in addition to any other duty imposed under this act or under any other law for the time being in force52 of 1962(8) the provisions of the customs act, 1962 and the rules and regulations made thereunder, including those relating to drawbacks, refunds and exemption from duties shall, so far as may be, apply to the duty chargeable under this section as they apply in relation to the duties leviable under that act extracts from the central excise act, 1944 (1 of 1944)| | | | ||------|------|------|-----|definitions in this act, unless there is anything repugnant in the subject or context,—(a) 5 of 1986(d) "excisable goods" means goods specified in the first schedule and the second schedule to the central excise tariff act, 1985 as being subject to a duty of excise and includes salt; explanation—for the purposes of this clause, "goods" includes any article, material or substance which is capable of being bought and sold for a consideration and such goods shall be deemed to be marketable(e) "factory" means any premises, including the precincts thereof, wherein or in any part of which excisable goods other than salt are manufactured, or wherein or in any part of which any manufacturing process connected with the production of these goods is being carried on or is ordinarily carried on;(ee) (f) "manufacture" includes any process,—(i) incidental or ancillary to the completion of a manufactured product;5 of 1986(ii) which is specified in relation to any goods in the section or chapter notes of the first schedule to the central excise tariff act, 1985 as amounting to manufacture; or(iii) which, in relation to the goods specified in the third schedule, involves packing or repacking of such goods in a unit container or labelling or re-labelling of containers including the declaration or alteration of retail sale price on it or adoption of any other treatment on the goods to render the product marketable to the consumer, and the word "manufacturer" shall be construed accordingly and shall include not only a person who employs hired labour in the production or manufacture of excisable goods, but also any person who engages in their production or manufacture on his own account chapter ii levy and collection of duty(1) there shall be levied and collected in such manner as may be prescribed,—(a) a duty of excise to be called the central value added tax (cenvat) on allexcisable goods (excluding goods produced or manufactured in special economic sones) which are produced or manufactured in india as, and at the rates, set forth in the first schedule to the central excise tariff act, 19855 of 1986duties specified in the first schedule and the second schedule to the centralexcise tariffact, 1985 to be levied5 of 1986(b) a special duty of excise, in addition to the duty of excise specified in clause (a)above, on excisable goods (excluding goods produced or manufactured in special economic zones) specified in the second schedule to the central excise tariff act, 1985 which are produced or manufactured in india, as, and at the rates, set forth in the said second schedule:provided that the duties of excise which shall be levied and collected on any [excisable goods which are produced or manufactured,—(i) (ii) by a hundred per cent export-oriented undertaking and brought to any other place in india,52 of 1962shall be an amount equal to] the aggregate of the duties of customs which would be leviable under the customs act, 1962 or any other law for the time being in force, on like goods produced or manufactured outside india if imported into india, and where the said duties of customs are chargeable by reference to their value; the value of such excisable goods shall, notwithstanding anything contained in any other provision of this act, be determined in accordance with the provisions of the customs act, 1962 and the customs tariff act, 197552 of 1962 51 of 1975explanation 1—where in respect of any such like goods, any duty of customs leviable for the time being in force is leviable at different rates, then, such duty shall, for the purposes of this proviso, be deemed to be leviable at the highest of those ratesexplanation 2—in this proviso,—(i) 65 of 1951(ii) "hundred per cent export-oriented undertaking" means an undertakingwhich has been approved as a hundred per cent export-oriented undertaking by the board appointed in this behalf by the central government in exercise of the powers conferred by section 14 of the industries (development and regulation) act, 1951, and the rules made under that act28 of 2005(iii) "special economic zone" has the meaning assigned to it in clause (za)of section 2 of the special economic zones act, 2005(1a) the provisions of sub-section (1) shall apply in respect of all excisable goods other than salt which are produced or manufactured in india by, or on behalf of, government, as they apply in respect of goods which are not produced or manufactured by government5 of 1986(2) the central government may, by notification in the official gazette, fix, for thepurpose of levying the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the first schedule and the second schedule to the central excise tariff act, 1985 as chargeable with duty ad valorem and may alter any tariff values forthe time being in force(3) different tariff values may be fixed—(a) for different classes or descriptions of the same excisable goods; or (b) for excisable goods of the same class or description—(i) produced or manufactured by different classes of producers or manufacturers; or(ii) sold to different classes of buyers:provided that in fixing different tariff values in respect of excisable goods falling under sub-clause (i) or sub-clause (ii) regard shall be had to the sale prices charged by the different classes of producers or manufacturers or, as the case may be, the normal practice of the wholesale trade in such goods(3a) (1) 51 of 1975 51 of 1975explanation 1— for the removal of doubts, it is hereby clarified that for the purposes of section 3 of the customs tariff act, 1975, the duty of excise leviable on the notified goods shall be deemed to be the duty of excise leviable on such goods under the first schedule and the second schedule to the central excise tariff act, 1985, read with any notification for the time being in force power of central government to charge excise duty on the basis of capacity of production in respect of notified goods38 (1) all rules made and notifications issued under this act shall be published in the official gazettepublication of rules and notifications and laying of rules before parliament(2) every rule made under this act, every notification issued under [section 3a, section4a, sub-section (1) of section 5a, section 5b and section 11c and every order made under sub-section (2) of section 5a, other than an order relating to goods of strategic, secret, individual or personal nature, shall be laid, as soon as may be after it is made or 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 modification in the rule or notification or order, or both houses agree that the rule should not be made or notification or order should not be issued or made, the rule or notification or 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 under that rule or notification or order the first schedule the second schedule [see section 8] tobacco the third schedule [see section 2( f ) (iii)] notes1 in this schedule, "heading", "sub-heading" and "tariff item" mean respectively a heading, sub-heading and tariff item in the first schedule to the central excise tariff act, 1985 (5 of 1986)2 the rules for the interpretation of the first schedule to the central excise tariff act, 1985 (5 of 1986), the section and chapter notes and the general explanatory notes of the said first schedule shall, apply to the interpretation of this schedule| s | heading, sub-heading | description of goods ||-------------------------------------------------------------------------|--------------------------------------------------------------|--------------------------------------------------------------------------------------------|| no | or tariff item | || (1) | (2) | (3) || 1 | 0402 91 10 or | concentrated (condensed) milk, whether sweetened or not put up in unit containers || 0402 99 20 | and ordinarily intended for sale | || 2 | 1702 | preparation of other sugar || 3 | 1702 | sugar syrups not containing added flavouring or colouring matter, artificial honey || whether or not mixed with natural honey; caramel | | || 4 | 1704 | gums, whether or not sugar coated (including chewing gum, bubble gum and the like) || 5 | 1704 90 | all goods || 6 | 1805 00 00 or | cocoa powder, whether or not containing added sugar or other sweetening matter || 1806 10 00 | | || 7 | 1806 | other food preparations containing cocoa || 8 | 1806 90 10 | chocolates in any form, whether or not containing nuts, fruit kernels or fruits, including || drinking chocolates | | || 9 | 1901 20 00 or 1901 90 | all goods || 10 | 1902 | all goods other than seviyan (vermicelli) || 11 | 1904 | all goods || 12 | 1905 31 00 or | biscuits, in or in relation to the manufacture of which any process is ordinarily || 1905 90 20 | carried on with the aid of power | || 13 | 1905 32 11 or | waffles and wafers, coated with chocolate or containing chocolate || 1905 32 90 | | || 14 | 1905 32 19 or | all goods || 1905 32 90 | | || 15 | [2101 11 or | extracts, essences and concentrates, of coffee, and preparations with a basis of these || 2101 1200] | extracts, essences or concentrates or with a basis of coffee | || 15a | 2101 20 | extracts, essences and concentrates, of tea or mate, and preparations with a basis of || these extracts, essences or conventrates or with a basis of tea or mate | | || (1) | (2) | (3) ||--------------------------------------------------------------------------------------------|------------------------------------|---------------------------------------------------------------------------------------------|| 16 | 2102 | all goods || 17 | 2105 00 00 | ice cream and other edible ice, whether or not containings cocoa || 18 | 2106 90 20 | pan masala, only in retail packs containing ten grams or more per pack, other than the || goods containing not more than 15% betel nut by weight and not containing tobacco | | || in any proportion | | || 19 | 2106 90 30 | betel nut powder known as "supari" || 20 | 2106 90 11 | sharbat || 21 | 2106 10 00, 2106 90 19, | edible preparations (excluding "prasad or prasadam"), not elsewhere specified or || 2106 90 40, 2106 90 50, | included, bearing a brand name | || 2106 90 60, 2106 90 70 | | || 2106 90 80, 2106 90 91, | | || 2106 90 99 | | || 22 | 2201 | waters, including natural or artificial mineral waters (excluding aerated waters), bearing || a brand name | | || 23 | 2201 10 20 | aerated waters || 23a | 2202 | all goods || 24 | 2202 10 10 | aerated waters || 25 | 2202 10 90 | waters, including mineral waters, bearing a brand name || 26 | 2209 | vinegar and substitutes for vinegar obtained from acetic acid || 26a | 2402 20 10 to 2402 20 90 all goods | || 27 | 2403 99 10, 2403 99 20, | chewing tobacco and preparations containing chewing tabacco || 2403 99 30 | | || 28 | 2403 99 90 | pan masala containing tobacco || 29 | 2523 21 00 | white cement, whether or not artificially coloured and whether or not with rapid || hardening properties | | || 29a | 2523 29 | all goods || 30 | 2710 | lubricating oils and lubricating preparations || 30a | 3002 20 or | vaccines (other than those specified under the national immunisation programme) || 3002 30 00 | | || 31 | 3004 | ( || i | | || ) patent or proprietary medicaments, other than those medicaments which are | | || exclusively used in ayurvedic, unani, siddha, homoeopathic or bio-chemic; | | || ( | | || ii | | || ) medicaments (other than patent or proprietary) other than those which are | | || exclusively used in ayurvedic, unani, siddha, homoeopathic or bio-chemical systems | | || explanation | | || —for the purposes of this heading, "patent or proprietary medicaments" | | || means any drug or medicinal preparation, in whatever from, for use in the internal or | | || external treatment of, or for the prevention of ailments in human beings or animals, | | || which bears either on itself or on its container or both, a name which is not specified in | | || a monograph, in a pharmacopoeia, formulary or other publications, namely:— | | |(a) the indian pharmacopoeia; (b) the international pharmacopoeia; (c) the national formulary of india;| (1) | (2) | (3) ||------------------------------------------------------------------------------------------|-------|-------|| ( | | || d | | || ) the british pharmacopoeia; | | || ( | | || e | | || ) the british pharmaceutical codex; | | || ( | | || f | | || ) the british veterinary codex; | | || ( | | || g | | || ) the united states pharmacopoeia; | | || ( | | || h | | || ) the national formulary of the usa; | | || ( | | || i | | || ) the dental formulary of the usa; and | | || ( | | || j | | || ) the state pharmacopoeia of the ussr; | | || or which is a brand name, that is, a name or a registered trade mark under the trade | | || marks act, 1999 (47 of 1999), or any other mark such as a symbol, monogram, label, | | || signature or invented words or any writing which is used in relation to that medicine | | || for the purpose of indicating or so as to indicate a connection in the course of trade | | || between the medicine and some person, having the right either as proprietor or otherwise | | || to use the name or mark with or without any indication of the identity of that person | | || 31a | 3004 | ( || i | | || ) medicaments exclusively used in ayurvedic, unani, siddha, homoeopathic or bio- | | || chemic systems, manufactured in accordance with the formulae described in the | | || authoritative books specified in the first schedule to the drugs and cosmetics act, | | || 1940 (23 of 1940) or homoeopathic pharmacopoeia of india or the united states of | | || america or the united kingdom or the german homoeopathic pharmacopoeia, as the | | || case may be, and sold under the name as specified in such books or pharmacopoeia; | | || ( | | || ii | | || ) medicaments exclusively used in ayurvedic, unani, siddha, homoeopathic or bio- | | || chemic systems and sold under a brand name | | |explanation—for the purposes of this entry, "brand name" means a brand name, whether registered or not, that is to say, a name or a mark, such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to a medicament, for the purpose of indicating, or so as to indicate, a connection in the course of trade between the medicament and some person using such name or mark with or without any indication of the identity of that person| 32 | 3204 20 or | synthetic organic products of a kind used as florescent brightening agents or as a ||---------------------------------|----------------------------------------------------------------------|--------------------------------------------------------------------------------------|| 3204 90 00 | luminophores | || 33 | 3206 | all goods other than pigments and inorganic products of a kind used as luminophores || 34 | 3208 or 3209 or 3210 | all goods || 35 | 3212 90 | dyes and other colouring matter put up in forms or small packing of a kind used for || domestic or laboratory purposes | | || 36 | (i) 3213 | all goods || (ii) 3214 | all goods excluding primers (heading 3208), varnishes (heading 3209) | || 36a | 3215 90 10 | fountain pen ink || 36b | 3215 90 20 | ball pen ink || 36c | 3215 90 40 | drawing ink || 37 | (i) 3303 | perfumes and toilet waters, not containing the substances specified in note 1(d) to || this chapter | | || (ii) 3304 or 3305 | all goods | || (1) | (2) | (3) ||-----------------------------------------------------------------------------------------|--------------|-------------------------------------------------------------------------------------------|| 38 | 3306 | toothpaste || 38a | 3306 10 10 | tooth powder || 39 | 3307 | all goods, not containing the substances specified in note 1(d) to this chapter || 40 | 3401 | all goods || 41 | 3401 | all goods || 42 | 3403 | lubricating preparations (including cutting-oil preparations, bolt or nut release || preparations, anti-rust or anti-corrosion preparations and mould release preparations | | || based on lubricants) | | || 43 | 3405 | polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring || pastes and powders and similar preparations (whether or not in the form of paper, | | || wadding, felt, non-wovens, cellular plastics or cellular rubber, impregnated, coated or | | || covered with such preparations) excluding waxes of heading 3404 | | || 44 | 3506 | prepared glues and other prepared adhesives not elsewhere specified or included || 45 | 3702 | all goods other than for x-ray and cinematograph films, unexposed || 46 | 3808 | insecticides, fungicides, herbicides, weedicides and pesticides || 47 | 3808 | disinfectants and similar products || 47a | 3808 93 40 | plant growth regulators || 48 | 3814 00 10 | thinners || 49 | 3819 | hydraulic brake fluids and other propared liquids for hydraulic transmission, not || containing or containing less than 70% by weight of petroleum oils obtained from | | || bituminous minerals | | || 50 | 3820 20 00 | anti-freezing preparations and prepared de-icing fluids || 51 | 3824 or 3825 | stencil correctors and other correcting fluids, ink removers put up in packing for retail || sale | | || 52 | 3919 | self-adhesive tapes of plastics || 53 | 3923 or 3924 | insulated ware || 53a | 39 or 40 | nipples for feeding bottles || 53b | 4015 | surgical rubber gloves or medical examination rubber gloves || 54 | 4816 | carbon paper, self-copy paper, duplicator stencils, of paper || 55 | 4818 | cleansing or facial tissues, handkerchiefs and towels of paper pulp, paper, cellulose || wadding or webs of cellulose fibres | | || 56 | 6401 to 6405 | footwear || 57 | 6506 10 | safety headgear || 58 | 6907 | vitrified tiles, whether polished or not || 59 | 6908 | glazed tiles || 60 | 7321 | cooking appliances and plate warmers || 61 | 7323 | pressure cookers || 62 | 7324 | sanitary ware of iron or steel || (1) | (2) | (3) ||------------------------------------------------------------------------------------------|---------------------------------------------|------------------------------------------------------------------------------------------|| 62a | 7310 or 7326 or any | mathematical boxes, geometry boxes and colour boxes, pencil sharpeners || other chapter | | || 63 | 7418 | sanitary ware of copper || 63a | 7607 | all goods || 64 | 7615 10 11 | pressure cookers || 65 | 8212 | razor and razor blades (including razor blade blands in strips) || 65a | 8215 | all goods || 66 | 8305 | staples in strips, paper clips of base metal || 67 | 8414 | electric fans || 68 | 8415 | all goods except goods specified in sub-heading 8415 20 || 69 | 8418 21 00, 8418 29 00, | all goods || 8418 30 90, 8418 69 20 | | || 70 | 8421 21 | water filters and water purifiers, of a kind used for domestic purposes || 70a | 8421 21 20, 8421 99 00 | water filters functioning without electricity and replaceable kits thereof || 71 | 8422 | dish washing machines || 71a | 8443 31 00 or 8443 32 | printer, whether or not combined with the functions of copying or facsimile transmission || 71b | 8443 32 60 or 8443 39 70 facsimile machines | || 71c | 8443 99 51 | ink cartridges, with print head assembly || 72 | 8450 | household or laundry type washing machines, including machines which both was || and dry | | || 73 | 8469 | typewriters || 74 | 8470 | calculating machines and pocket-size data recording, reproducing and displaying || machines with calculating functions | | || 74a | 8471 30 | all goods || 74b | 8471 60 | all goods || 75 | 8472 | stapling machines (staplers) || 76 | 8506 | all goods other than parts falling under tariff item 8506 90 00 || 76a | 8508 | all goods other than parts falling under tariff item 8508 70 00 || 77 | 8509 | all goods other than parts falling under tariff item 8509 90 00 || 78 | 8510 | all goods other than parts falling under tariff item 8510 90 00 || 79 | 8513 | all goods other than parts falling under tariff item 8513 90 00 || 80 | 8516 | electric instantaneous or storage water heaters and immersion heaters, electric space || heating apparatus and soil heating apparatus, electro-thermic hair-dressing apparatus | | || (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric | | || smooting iron; other electro-thermic appliances of kind used for domestic purposes | | || 81 | 8517 | telephone sets including telephones with cordless handsets and for cellular networks || or for other wireless networks; videophones | | || 81a | 8517 62 30 | modems (modulators-demodulators) || (1) | (2) | (3) ||-------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|| 81b | 8517 69 60 | set top boxes for gaining access to internet || 81c | 8517 | wireless data modem cards with pcmcia or usb or pci express ports || 81d | 8517 62 | wrist wearable devices (commonly known as smart watches) || 82 | 8519 | all goods || 83 | 8521 | all goods || 84 | 8523 | all goods except goods specified in tariff items 8523 21 00, 8523 29 60 to 8523 29 90, || 8523 41 20 to 8523 41 50, 8523 49 30, 8523 49 50 to 8523 49 90, 8523 52 10, 8523 59, 8523 | | || 80 20, 8523 80 30 and 8523 80 60 | | || 84a | 8523 80 20 | package software or canned software || explanation | | || —for the purposes of this schedule, "packaged software or canned | | || software" means a software developed to meet the need of variety of users, and which | | || is intended for sale or capable of being sold off the shalf | | || 85to 88 | | || 89 | 8517 or 8525 60 | mobile handsets including cellular phones and radio trunking terminals || 89a | 8527 | pagers || 90 | 8527 | radio sets including transistor sets, having the facility of receiving radio signals and || converting the same into audio output with no other additional facility like sound | | || recording or reporducing or clock in the same housing or attached to it | | || 91 | 8527 | reception appartus for radio-broadcasting, whether or not combined, in the same || housing with sound recording or reproducing apparatus or a clock | | || 92 | 8528 | television receivers (including video monitors and video projectors), whether or not || incorporating radio broadcast recivers or sound or video recording or reproducing | | || apparatus | | || 92a | 8528 | monitors of a kind solely or principally used in an automatic data processing machine || 92b | 8528 71 00 | set top boxes for television sets || 93 | 8536 (except 8536 70 00 all goods | || 94 | chapter 85 or | all goods falling under heading 8539 (except lamps for automobiles), led || chapter 94 | lights or fixtures including led lamps falling under chapter 85 or heading 9405 | || 94a | chapter 84 or 85 | goods capable of performing two or more functions of items specified at s nos 67 to || 94 | | || 95 | 9006 | photographic (other than cinematographic) cameras || 96 | 9101 or 9102 | watches other than braille watches || 97 | 9103 or 9105 | clocks || 97a | 9603 21 00 | toothbrush || 98 | 9612 | all goods || 99 | 9617 | vacuum flasks || 99a | 9619 | all goods || (1) | (2) | (3) ||----------------------------------------------------------------------------------------|-------------|---------------------------------------------------------------------------------------|| 100 | any chapter | parts, components, accessories and assemblies of vehicles (including chassis fitted || with engines) falling under chapter 87 excluding vehicles falling under headings 8712, | | || 8713, 8715 and 8716 | | || 100a | any chapter | parts, components, accessories and assemblies of goods falling under tariff item 8426 || 41 00, heading 8427, 8429 and sub-heading 8430 10 | | || 101 & 102 | | | the seventh schedule (see section 136) notes1 in this schedule, "heading", "sub-heading" and "chapter" mean respectively a heading, sub-heading and chapter in the first schedule to the central excise tariff act2 the rules for the interpretation of the first schedule to the central excise tariff act, the section and chapter notes and the general explanatory notes of the first schedule shall apply to the interpretation of this schedule| heading sub-heading | description of goods | rate of duty ||---------------------------------------------------------------|------------------------|----------------------------------------------|| no | no | || (1) | (2) | (3) || 2106 | 210600 | pan masala || 2403 | 240311 | -- || not exceeding 60 millimetres | | || 240312 | -- | other than filter cigrettes, of length || not exceeding 60 millimetres but not exceeding 70 millimetres | | || 240313 | -- | filter cigrettes, of length (including the || length of the filter, the length of filter | | || being 11 millimetres or its actual length, | | || whichever is more) not exceeding 70 millimetres | | || 240314 | -- | filter cigrettes, of length (including the || length of the filter, the length of filter | | || being 11 millimetres or its actual length, | | || whichever is more) exceeding 70 millimetres | | || but not exceeding 75 millmetres | | || 240315 | -- | filter cigrettes, of length (including the || length of the filter, the length of filter | | || being 11 millimetres or its actual length, | | || whichever is more) exceeding 75 millimetres | | || but not exceeding 85 millimetres | | || 240319 | -- | other || 240320 | - | cigarettes of tobacco substitutes || 2404 | 240410 | - || 240431 | -- | other than paper rolled biris, manufactured || without the aid of machines | | || 240439 | -- | other || 240441 | -- | chewing tobacco and preparations || containing chewing tobacco | | || 240449 | -- | pan masala containing tobacco || 240450 | - | snuff of tobacco and preparations containing || snuff of tobacco in any proportion | | || 240499 | -- | other | (18 of 2005) the seventh schedule (see section 85) notes1 in this schedule, "heading", "sub-heading", "tariff item" and "chapter" mean respectively a heading, sub-heading, tariff item and chapter in the first schedule to the central excise tariff act2 the rules for the interpretation of the first schedule to the central excise tariff act, the section and chapter notes and the general explanatory notes of the first schedule shall apply to the interpretation of this schedule| | tariff item | description of goods | unit rate of duty ||-----------------------------------------------------------------|---------------|------------------------------------------------------------------|---------------------|| (1) | (2) | (3) | (4) || 2106 90 20 | --- | pan masala | kg || 2401 | u | | || nmanufactured | | | || t | | | || obacco | | | || ; t | | | || obacco | | | || r | | | || efuse | | | || 2401 10 | - | | || tobacco, not stemmed or stripped: | | | || 2401 10 10 | --- | flue cured virginia tobacco | kg || 2401 10 20 | --- | sun cured country (natu) tobacco | kg || 2401 10 30 | --- | sun cured virginia tobacco | kg || 2401 10 40 | --- | burley tobacco | kg || 2401 10 50 | --- | tobacco for manufacture of biris, not stemmed | kg || 2401 10 60 | --- | tobacco for manufacture of chewing tobacco | kg || 2401 10 70 | --- | tobacco for manufacture of cigar and cheroot | kg || 2401 10 80 | --- | tobacco for manufacture of hookah tobacco | kg || 2401 10 90 | --- | other | kg || - | | | || tobacco partly or wholly stemmed or stripped: | | | || 2401 20 10 | --- | flue cured virginia tobacco | kg || 2401 20 20 | --- | sun cured country (natu) tobacco | kg || 2401 20 30 | --- | sun cured virginia tobacco | kg || 2401 20 40 | --- | burley tobacco | kg || 2401 20 50 | --- | tobacco for manufacture of biris, not stemmed | kg || 2401 20 60 | --- | tobacco for manufacture of chewing tobacco | kg || 2401 20 70 | --- | tobacco for manufacture of cigar and cheroot | kg || 2401 20 80 | --- | tobacco for manufacture of hookah tobacco | kg || 2401 20 90 | --- | other | kg || 2401 30 00 | - | tobacco refuse | kg || 2402 | c | | || igars | | | || , | | | || cheroots | | | || , | | | || cigarillos | | | || | | | || and | | | || | | | || cigarettes | | | || , | | | || of | | | || | | | || tabacco | | | || | | | || or | | | || | | | || of | | | || | | | || tabacco | | | || | | | || substitutes | | | || 2402 10 | - | | || cigars, cheroots and cigarillos, containing tobacco: | | | || 2402 10 10 | --- | cigars and cheroots | tu || 2402 10 20 | --- | cigarillos | tu || 2402 20 | - | | || cigarettes containing tobacco: | | | || 2402 20 10 | --- | other than filter cigarettes, of length not exceeding | tu || 60 millimetres | thousand | | || 2402 20 20 | --- | other than filter cigarettes, of length exceeding 60 | tu || millimeters but not exceeding 70 millimetres | thousand | | || 2402 20 30 | --- | filter cigarettes of length (including the length of the filter, | tu || the length of filter being 11 millimeters or its actual length, | thousand | | || whichever is more) not exceeding 70 millimetres | | | || 2402 20 40 | --- | filter cigarettes of length (including the length of the filter, | tu || the length of filter being 11 millimeters or its actual length, | thousand | | || whichever is more) exceeding 70 millimetres but not | | | || exceeding 75 millimeters | | | || (1) | (2) | (3) | (4) ||-------------------------------------------------------------------|-------|------------------------------------------------------------------|-------|| 2402 20 50 | --- | filter cigarettes of length (including the length of the filter, | || the length of filter being 11 millimetres or its actual length, | | | || whichever is more) exceeding 75 millimetres but not | | | || exceeding 85 millimetres | tu | rs145 per | || thousand | | | || 2402 20 90 | --- | other | tu || thousand | | | || 2402 90 | - | | || other: | | | || 2403 | o | | || ther | | | || | | | || manufactured | | | || | | | || tobacco | | | || | | | || and | | | || | | | || manufactured | | | || | | | || tobacco | | | || substitutes | | | || ; " | | | || homogenised | | | || " | | | || or | | | || " | | | || reconstituted | | | || " | | | || tobacco | | | || , | | | || tocacco | | | || | | | || extracts | | | || | | | || and | | | || | | | || essences | | | || 2403 10 | - | | || smoking tobacco, whether or not containing tobacco substitutes in | | | || any proportion: | | | || 2403 10 10 | --- | hookah or gudaku tobacco bearing a brand name | kg || 2403 10 20 | --- | smooking mixtures for pipies and cigarettes | kg || 2403 10 90 | --- | other | kg || - | | | || other | | | || 2403 91 00 | --- | "homogenised" or "reconstituted" tobacco | kg || 2403 99 | -- | | || other: | | | || 2403 99 10 | --- | chewing tobacco | kg || 2403 99 20 | --- | preparations containing chewing tobacco | kg || 2403 99 30 | --- | jarda scented tobacco | kg || 2403 99 40 | --- | snuff | kg || 2403 99 50 | --- | preparations containing snuff | kg || 2403 99 60 | --- | tobacco extracts and essence | kg || 2403 99 70 | --- | cut tobacco | kg || 2403 99 90 | --- | other | kg || | | | |———— a billfurther to amend the customs act, 1962, the customs tariff act, 1975, the central excise act, 1944, the finance act, 2001 and the finance act, 2005 and to repeal certain enactments————(shri arun jaitley, minister of finance)gmgipmrnd—5645ls(s3)—29-03-2017 the taxation laws (amendment) bill, 2017 [to be/as introduced in lok sabha]1 page 2, line 16,- for "(h)" read "(g)" 2 page 2, line 20,- for "(i)" read "(h)" 3 page 2, line 22,- for "(j)" read "(i)" 4 page 2, line 23,- for "(k)" read "(j)" 5 page 2, line 25,- for "(l)" read "(k)" 6 page 2, line 28,- for "(m)" read "(l)" 7 page 2, line 30,- for "(n)" read "(m)" 8 page 2, line 32,- for "(o)" read "(n)" 9 page 2, line 34,- for "(p)" read "(o)" 10 page 2, line 36,- for "(q)" read "(p)" 11 page 2, line 38,- for "(r)" read "(q)" 12 page 3, line 33,- for "of integrated" read "of the integrated" 13 page 12, in the last line,- for "milliterres" read "millimetres" 14 page 13, in column (2), line 8,- for "exceeing" read "exceeding" 15 page 13, in column (2), line 31,- for "substitue" read "substitute" 16 page 21, line 10,- for "service tax" read "services tax" new delhi; march 30, 2017______ chaitra 9, 1939 (saka)

Parliament_bills

7f721f4e-7203-505e-9dde-64d2fffc5e16

i" 8m no 119 of ihs the indian post office (amendment) bill, 1968 a billfurther to amend the indian post office act, 1898 be it enacted by parliament in the nineteenth year of the republic of india as follows:-1 this act may be called the indian post office (amendment) short act, 1968 title 6 ot 1898 z in the proviso to jlection 45 of the indian post office act, 1898, amend for the words "ten rupees", the words "fifty rupees" shall be substi- ment of tuted section u statement of objects and reasonssection 45 of the indian post office act, 1898, limits the powers of the central government to issue indian postal orders up to rs 10 this limit, which has been in existence since the introduction of the postal order scheme in 1935, being very low, a member of the public who inten~ to send a remittance above rs 10, has to make the remittance either by money order or by purchasing more than one postal order of various denominations it would, therefore, be convenient both to the public and also to the department if postal orders are issued in higher denominations accordingly, it is proposed to amend section 45 of the act to enable the central government to issue postal orders up to the value of rs 50 2 the bill is designed to give effect to the above proposal new del1ii; ram subhag singh the 3rd december, 1968 president's recommendation under article 117 of the constitution of india[copy of letter no 15110166-ci, dated the 3rd december, 1968 from 8hr! ram subhag singh, minister of parliamentary affairs and communications to the secretary, lok sabha] the president having been informed of the subject matter of the bin further to amend the indian post office act, 1898, recomment:ls the consideration of the bill in the lok sabha under article 117 (3) of the constituuon of india \ • i ~ : clause 2 of the bill empowers the central government to issue postal orders up to the value of rs 50 it is proposed to issue new postal orders of the denominations of rs 20, rb 30, rs 40 and rs 50 at present, it is difficult to estimate the demand for the postal orders proposed to be issued but if 10,000 copies each of the new denominations are printed initially, the cost of printing would come to about rs 840 this expenditure is, however, likely to be recouped by means of the corresponding saving which will be made by the reduction in the issue of postal orders of lower deno--minations it is estimated that the printing of 10,000 copies each of the new denominations would entail a reduction in the printing of 1,40,000 postal ortiers of the denomination of rs 10, which would mean a saving of rs 2,940 in the printing cost in the circumstances, the bill is not likely to invlove any recurring expenditure from the consolidated fund of india annexure extract from the indian post office act, 1898(6 of 1898) - - - - - chapter ixmoney orders - - - - - power to provide for the issue of postal orders 45 the central government may authorise the issue, in such form as may ,be suitable, of money orders, to be called postal orders or by such other designation as may be deemed appropriate, for certain fixed amounts, anti may make rules as to the rates of commission to be charged thereon and the manner in which, and conditions subject to which, they may be issued, paid and cancelled: provided that no such order shall be issue'd for an amount in excess of ten rupees - - a bill fwther to amend the indian post office act, 1898 (dr ram subhag singh, minister of parliamentary affairs and communications)

Parliament_bills

aa14af1b-e66e-570a-9846-4afc1c4c2fbc

bill no iii of 2013 the constitution (amendment) bill, 2013 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2013short title and commencement(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appointamendment of article 7252 in article 72 of the constitution, in clause (1), the following provisos shall be inserted, namely:—"provided that the president shall exercise the powers granted under this article within a period of one year after the petition to grant pardons etc is presented to him:provided further that in the case of non-exercise of powers by the president within the period of one year, the judgment of the court in respect of the petitioner shall be enforced immediately" statement of objects and reasonsindia is one of the largest democracies in the world it achieved freedom in 1947 from the british rule after a prolonged struggle and sacrifice of sons of the soil constitution of india was drafted keeping in view the welfare of the citizens though the utmost care was taken while drafting the constitution, over the years there have been occasions when need arose for amending the constitution to keep pace with the changing scenario in the countryone such case in point is the powers conferred upon the president under article 72 of the constitution which empowers the president to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence though, the president has been bestowed with absolute powers in this regard, no time limit has been fixed for the president within which such power has to be exercised as a result the mercy petitions made before the president keep piling for long period without any decision as a fall out of this, the convicts are to be kept guarded in jails and heavy expenditure is incurred upon them which is tax payers money and a drain on national exchequer in the present situation, attempts are being made both externally and internally to hurt severaly harmony and vibrancy of our civil society and we are continuously facing probable terrorist attack it is high time to curb anti-national activities and for that, if death penalty is awarded to a person by any court after considering the circumstances which led them to reach such a decision based upon the gravity of the crime and such person files mercy petition before the president of india, the president should take decision on such mercy petition within one year time period in order to send a strong signal among anti-nationalshence this billparshottam khodabhai rupala annexure extract from the constitution of india 72 (1) the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—(a) in all cases where the punishment or sentence is by a court martial;power of president to grant pardons, etc, and to suspend, remit or commute sentences in certain cases(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the union extends;(c) in all cases where the sentence is a sentence of death (2) (3) rajya sabha———— a billfurther to amend the constitution of india————(shri parshottam khodabhai rupala, mp)

Parliament_bills

89e44e4a-78f6-5fa2-becc-1d1661682b46

the preventive detention (continuance) bill, 1960(as introducbd in loit sabra on 18th november, 1960) bill no 74 of it&t the preventive detention (continuance) bill, 1960 (as introduced in lok sabha)a bill to conttnue the preventive detention act, 1950, fot a further period be it enacted by parliament in the eleventh year of the republic of india as follows:-1 this act may be called the preventive detention (continuance) short dtlc i act,1960 i 5 2 in sub-section (3) of section 1 of the prevent1ve detention act, amendment 'i 1950, for the figures, letters and words "31st day of december, 1960", ~ct ~:r i, ! the figures, letters and words "31st day of december, 1963" shall be 1950 ·1 substituted i statement of objects and reasonsthe preventive detention act, 1950, is due to expire on· the 31st december, 1960 the primary reason for the enactment of this legislation was to protect the country against activities intended to subvert the constitution and the maintenance of law· and order or to interfere with the maintenance of supplies and services essential to the community experience in the wqrking of the act has shown that this legislation has proved an effective instrument specially in the maintenance of law and order in these circumstances, it is considered essential that the powers conferred by the preventive detentioa a!et ~d be continued it is accordingly proposed to ~ theam ,ftw a wrtber period fii tlu1ee yean; nzw di:lm; g b pant the 7th november, 1_ - - - - - - 1 (1) this act may be ca1l~d the preventive detention act, 1950 short title, extent and (2) it extends to the whole of india except the state of jammu duration and kashmir (3) it shall cease to have effect on the 31st day of december, 1960, save as respects things don~ or omitted to be done before that date - - - - - - --a bill to continue the preventive detention act, 1950) for a further period (shri go'oind ballabh pant, minister of home affairs) ,,,"

Parliament_bills

b2cc4080-150d-5771-bb88-e0a0f579668e

bill no 44 of 2014 the hindu marriage (amendment) bill, 2014 by shri bhartruhari mahtab, mp a billfurther to amend the hindu marriage act, 1955be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the hindu marriage (amendment) act, 2014short title, extent and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 325 of 195552 in section 3 of the hindu marriage act, 1955 (hereinafter referred to as the principal act), the existing clause (a) shall be renumbered as clause (aa), and before clause (aa) as so renumbered, the following clause shall be inserted, namely:—10"(a) 'abandoned wife' means a female party to a marriage whose husband has deserted her or has failed to provide such support to her as, according to the customs and social practice, is expected to be provided by a husband to his wife, for a continuous period of not less than one yearexplanation—for reckoning the continuous period of one year, any intervening period of less than one month during which the cohabitation resumes and subsists, shall be excluded for the purpose of computing the continuous period of one year"3 after section 24 of the principal act, the following sections shall be inserted, namely:—5insertion of new sections 24a and 24bprovision of mandatory maintenance to abandoned wife"24a (1) an abandoned wife shall be entitled to payment by her husband such sum of money every month for her maintenance and support, as, having regard to the husband's own income and property, the income and property of the abandoned wife and other circumstances of the case, is sufficient to enable the abandoned wife to sustain a standard of living commensurate with the husband's income and property:10provided that in no case the amount of maintenance granted under this section shall be less than two-fifths of the gross monthly income of the husband15(2) if a husband, at any time, fails to pay to his abandoned wife the amount of maintenance under this section for a continuous period of two months, the court shall secure future payment of maintenance from the husband by creating a charge on his income and, if necessary, also on his assets(3) the right of maintenance and support of an abandoned wife under this section shall be without prejudice to her right of maintenance under sections 24 or 25:provided that the maintenance granted under section 24 shall not be less than the amount of maintenance granted under this section20(4) a petition under this section shall be decided within three months from the date of filing of the petition24 b (1) the husband of an abandoned wife shall provide a suitable portion of his residence free of cost to her with all necessary amenities to make her stay habitable:right of abandoned wife to residence25provided that where the husband owns more than one residential premises, the abandoned wife shall have the option to choose any of such premises for her residence:provided further that the husband and his other relatives shall, as far as practicable, have no right to access to such portion of residence or such residential premises, as the case may be30(2) the right of the husband to sell or in any way dispose of any property in which his abandoned wife is living by virtue of sub-section (1) shall remain suspended till, on a petition by either party, a decree is made under section 13 or 13b or till the expiry of one year from the restitution of conjugal rights of the abandoned wife under section 9 or otherwise"4 in section 28, after clause (2), the following clause shall be inserted, namely:—amendment of section 2835"(2a) an order made under section 24a may, on an appeal, be varied to the disadvantage of the abandoned wife only on the ground that she has not remained chaste" statement of objects and reasonsthe hindu marriage act, 1955 provides maintenance to women during the pendency of a proceeding for judicial separation or divorce under the act however, there are many women who are abandoned by their husbands and they are unable to take recourse to proceedings under the hindu marriage act, 1955 for various reasonssuch abandoned women have to face severe financial and social hardships on one hand, they are deprived of financial and economic support from their husbands on the other hand, society does not view them with the dignity and honour that is due to them though there are social and economic dimensions of the problem, it cannot be denied that both are intricately related the plight of such women becomes even more pitiable when the weaknesses in the existing legal framework are misused to prevent institution of a proceeding under the hindu marriage act, 1955 to thwart any attempt to provide maintenance to them in this way, they are unable to either obtain maintenance from their husbands or get the matrimonial relationship terminated2 in order to provide relief to women who have been abandoned by their husbands, the bill proposes to amend the hindu marriage act, 1955 to provide for:—(a) provision of such mandatory maintenance to abandoned wife as would enable her to sustain a standard of living commensurate with the husband's income and property for the purposes of the bill, a woman shall be deemed to have been abandoned by her husband if the husband has severed ties with her or has failed to provide such support to her as, according to the customs and social practice, is expected to be provided by a husband to his wife, for a continuous period of not less than one year;(b) securing the payment of the amount of maintenance in case of default by the husband by creating a charge on the income and, if necessary, also on the assets of the husband;(c) ensuring right of the abandoned wife to reside at the residence of her husband or at any other residential premises owned by him; and(d) suspension of the right of the husband to dispose of or part with any interest in any property in which the abandoned wife has a right to residence3 the bill seeks to achieve the above objects annexure extract from the hindu marriage act, 1955 (25 of 1955) definitions3 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 unreasonable or opposed to public policy; and provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; maintenance pendente lite and expenses proceedings24 where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:provided that the application for the payment of the expenses of the proceedings and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be 28(1) appeals from decrees and orders(2) orders made by the court in any proceeding under this act under section 25or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction ————abillfurther to amend the hindu marriage act, 1955————(shri bhartruhari mahtab, mp)gmgipmrnd—778ls(s3)—01072014

Parliament_bills

2ec9d696-d645-568b-b508-d6e937b8609c

the finance (no2) bill, 1957(as introduced in lox sabha) to' the finance (no2) bill, 19 ff7 (as introduoed in lok sabha)on pace 31,-tor it( jxxx1x) " ~ it( ljcaviii) " and, re-number ~ubs9quent sub-olauses consecutively new peuii, the 25th may, ' 195710 1 of 1922 is surcharge for the purposes of the union calculated in the manner provided therein; and (b) super-tax shall, for the purposes of section 55 of the indian income-tax act, 1922 (hereinafter referred to as the income-tax act), be charged at the rates specified in part ii of the first schedule, and, in the cases to which paragraphs a, b and c of that part apply, shall be increased by a surcharge for the purposes of the union calculated in the manner provided therein (2) in making any assessment for the year ending on the 31st day of march, 1958, there shall be deducted from the total income of an 20 assessee, in respect of the earned income, if any, chargeable under the head "salaries" included therein,-(a) an amount 'equal to one-fifth of such earned income, but not exceeding in any case four thous~d rupees, or 328 ls-l the finance (no2) bill, 1957 (as introduced in lok sabha)a bill to give effect to the financial proposals of ute central got'ernment for the financial year 1957-58 be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may~be called the finance (no2) act, 1957 short title 2 (1) subject to the provisions of sub-sections (2), (3), (4) and (5) income-tax s for the year beginning on the 1st day of april, 1957,-=-iuper-(a) income-tax shall be charged at the rates specified in part i of the first schedule, and, in the casej; to which paragraphs a, band c of that part apply, shall be increased by a surcharge for the purposes of the union calculated in the 10 manner provided therein; and (b) super-tax shall, for the purposes of section 55 of the i of 1922 indian income-tax act, 1922 (hereinafter referred to as the income-tax act), be charged at the rates specified in part ii of the firs\ schedule, and, in the cases to which paragraphs a, b is and c of that part apply, shall be increased by a surcharge for the purposes of the union calculated in the manner provided therein (2) in making any assessment for the year ending on the 31st day of march, 1958, there shall be deducted from the total income of an 20 assessee, in respect of the earned income, if any, chargeable under the head "salaries" included therein,-(a) an amount equal to one-fifth of such earned income, but 23 ~1 not exceeding in any case four thous~nd rupees, or (b) the amount, if any, arrived at after deducting from four thousand rupees one-fifth of the amount by which the aggregate of all earned incomes included in the total income under whatever head they are chargeable exceeds twenty-five thousand rupees, s whichever is less (3) in making any assessment for the year ending on the 31st day of march, 1958,-(4) where the total income of an assessee, not being a cojnpany, includes any income chargeable under the head "salaries" 10 as reduced by the deduction for earned income appropriate thereto, or any income chargeable under the head "interest on securities", or any income from dividends in respect of which by virtue of section 49b of the income-tax act he is deemed himself to have paid the income-tax imposed under that act, the is income-tax payable by the assessee on that part of his total income which consists of such inclusions shall be an amount bearing to the total amount of income-tax payable accordin~ to the rates applicable under the operation of the finance act, 1956, ii of 19,· on his total income the same proportion as the amount of such 20 inclusions bears to his total income; (b) where the total income of an assessee, not being a company includes any income chargeable under the head "salaries" on which super-tax has been or might have been deducted under the provisions of sub-section (2) of section 18 of the income-tax ~s act, the super-tax payable by the assessee· on that portion or his total income which consists of such inclusion shall be an amount bearing to the total amount of super-tax payable accordjng to the rates applicable under the operation of the finance act, 1956, on ii of 1,,,-his total income the same proportion as the amount of such inclu- 30 sion bears to his total income (4) in making any assessment for the year ending qn the 31st day of march,' 1958, where the total income of a company includes any profits and gains from life insurance business, the super-tax otherwis~ payable by the company on the whole of such total income shall 35 b~ reduced by an amount which bears to that super-tax the same prc)ortion as the amount of such inclusion bears to its total income, or by an amount computed at the rate of-(i) twelve per cent in the case of a mutual insurance com- 40 "r 1'3' pey as deftned in section 95 of the irsuranee act, 1938; and (it, nine per cent in the case of any other company, on the amount of such inclusion, whiohever is less (5) in cases to which section 17 of the income-tax act applies, the 5 t8x charg able shall be determined as provided in that section, and with reference to the rates imposed by sub-section (1), and in accordance with the provjsions of sub-sections (2), (3) and (4) of this 3ection, wherever applicable (6) for the purposes of this section, and of the rates of tax imposed 10 thereby, the expression "total income" means total income as d~ter­mined for the purposes of income-tax or super-tax, as the case may be, in accordance with the provisions of the income-tax act, and the expr:?ssion "earned income" has the meaning assigned to it m clause (6aa) of section 2 of that act is 3 in section 4 of the income-tax act, in sub-section (3), after ameadmeat clause (xviia), the following clause shall be inserted, namely: -of eecdoil 4· "(xviib) interest payable by government or a local authority on moneys borrowed by it from sources outside india from any· person not resident in india or from any institution established 20 outside india;" t in section 10 of the income-tax act, for sub-sections (2b) and amendmut (2c), the following sub-sections shall be, substituted, namely::"'" oflecticllu •• ii (2b) notjyithstanding anything contained in sub-section (2), no allowance under clause (vi), clause (via), clause ("ib) or 25 clause (vii) of that sub-seeton shall be made in computing under this section the profits or gains of a company for any previous year unless the company deposits or has deposited with the central government within six months from the end of the said previous year or before the thirtieth day of june of the assess-30 ment year relevant to such previous y~ar, whichever is later-(i) such percentage, if any (not exceeding twenty-five in any case) as may be notified by the central government, of the accumulated profits and reserves of the company as at the end of the year preceding the previous year, to the 35 extent to which such profits and reserves are not'represented by the fixed assets of the company; and (ii) such percentage, if any (not exceedinsz seventy-fiv~ in any case) as may be notified by the central governmf'mt of the amount by which the' aggregate of the followini 40 amounts, namely:-(a) the total income of the company for the previous year, as reduced by the amount of income-tax and supertax payable in respect thereof (the total income and tax being computed by the assessee for this purpose) and by the dividends, if any, declared or deemed to be declar~d in india, during the previous year; and (b) the sum of the' allowances claimed by the company under the clauses aforesaid; 5 exceeds the sum of rupees one lakh: provided that where the total income computed by the income-tax officer under this act exceeds the total income as ,-'omputed by the company under clause lii), the company shall be deemed not to have made any deposit under that clause unless 10 it deposits with the central government such further amount as may be prescribed having regard to the excess, together with interest thereon at the prescribed rate: provided further that the central government may by notification in the official gazette, direct that for any assessment is year the provisions of this sub-section shall have effect as if for "the period of six months" and the date "the thirtieth day of june" referred to therein the period or date specified in the notification had been substituted explanation-the power to fix percentages under this sub- 2:> section includes a power to fix different percentages in relation to different classes of companies (2c) the central government may make rules-(<<) providing for the manner in which the deposits referred to in sub-section (2b) may be computed or made; 25 (b) providing for the manner in which, and the extent to which, dividends declared by companies incorporated outside india or not resident in india may be deemed to be declared in india; (c) providing for the time when, and the manner in 30 which, refunds of any deposit made under sub-section (2b) shall be made, whether with or without interest, and, in particular, the refund at any time of any such deposit or any part thereof where the refund is claimed for carrying out any such purpose connected with the business of the 35 company as may be approved by the central government; (d) presc:ribinl the dmlmstances in which, and the conditions subject to ,which, a deposit need not be made under sub-section (2b); (e) providing for the procedure to be follewed in 40 respect of any of the matters specified in the preceding clauses, and the constitution of a board of referees for any of the purposes aforesaid" 5 in section 15 of the income-tax act, in sub-section (3), for the amendment word "one-fifth" in both the places where it occurs, the word of section is· s "one-fourth" shall be substituted 10 is 6 in section 17 of the income-tax act, in clause (b) of sub- amendmeat section (1), for the words "three annas in the rupee", the words oflectiou 17 "nineteen per cent" shall be substituted , in section 23a of the income-tax act,-amendment (i) for sub-sections (1) and (2), the following sub-sections o!& 2, •• secrion shall be substituted, namely:-"(1) where the income-tax officer is satisfied that in respect of any previous year the profits and gains distributed as dividends by any coml\8ny within the twelve months immediately following the ~xpiry of that previous year are less than the statutory percentage of the total income- of the company of that previous year as reduced by-20 (a) the amount of income-tax and super-tax payable by the company in respect of its total income, but excluding the amount of any super-tax payable under this section; (b) the amount of any other tax levied under any law for the time being in force on the company by the government or by a local authority in excess of the amount, if any, which has been allowed in computing the total income; and 10 01 1')4'1 30 35 40 (c) in the case of a banking company, the amount actually transferred to a reserve fund under section 17 of the banking companies act, 1949; the income-tax officer shall, unless he is satisfied that, having regard to the losses incurred by the company in earlier years or to the smallness of the profits made in the previous year, the payment of!j dividend or a larger dividend than that declared would be unreasonable, make an order in writing that the company shall, apart from th~ sum determined as payable by it on the basis of the assessment under section 23, be liable to pay super-tax at the rate of fifty per cent in the case of a company whose businpss consists wholly or mainly in the dealing in or holding of investments, and at the rate of thirty-seven per cent in the case of any other company on the undistributed balance of the total income of the previous year, that is to say, on the total income as reduced by the amounts, if any, referred to in clause (a), clause (b) or clause (c) and the dividends actually distributed, if any (2) no order under sub-section (1) shall be made,-(i) in the case of a company whose business consists 5 wholly or mainly in the dealing in or holding of investments which has distributed not less than ninety per cent of its total income as reduced by the amounts, if any, referred to in clause (a), clause (b) or clause (c) of sub-section (1); or 10 (ii) in the case of any other company whose distribution falls short of the statutory percentage by not more than five per cent of its total income as reduced by the amopnts, if any, aforesaid; or (iii) in any case where according to the return is made by a company under section 22 it has distributed not less than the statutory percentage of its total income as reduced by the amounts, if any, aforesaid, but in the assessment made by the income-tax officer under section 23 a higher total income is arrived at and the 20 difference in the total income does not arise out of the application of the proviso to section 13 or sub-section (4) of section 23 or the omission by the company to disclose its income fully and truly; unless the company, on receipt of a notice from the income- 25 tax officer that he proposes to make such an order, fails to make within three months of the receipt of such notice a further distribution of its profits and ~ins so that the total distribution made is not less than the statutory percentage of the total income of the company as reduced by the 30 amounts, if any, aforesaid" (ii) sub-sections (3), (4), (5) (6) and (7) shall be omitted; (iii) in sub-section (8), the words "except in cases where a decision is given by the commissioner of income-tax under - sub-section (3) or the board of referees under sub-section (4)" 3s shall be omitted; (iv) the explanation to section 23a shall be re-numbered as explanation 1 and in the explanation as so renumbered, in clause (b), for the word, brack~ts and figure "sub-section (4)" in both the places where they occur, the words, brackets and 40 figures "clause (:i) of explanation 2" shall be substituted; (v) after the explanation as so renumbered, the following explanation shall be inserted, namely:-"explanation 2-for the purposes of this section, statutory percentage means,-' s 10 (i) in the case of a company whose business consists wholly or mainly in the dealing in or holding of investments 100% (ii) in the case of an indian company whose business consists wholly in the manufacture or pl"ocessing of goods or in mining or in the generation or distribution of electricity or any other form of power 45% (iii) in the case of an indian company, a part only of whose business consists in any of the activities specified in clause (ii)-15 (a) in relation tq the said part of the company's business 45% 20 (b) in relation to the remaining part of the company's business-(1) if it is a company which satisfies the conditions specified in sub-clause (a) of clause (iv) 90% (2) in any other case 60%; the said percentages being applied separately with reference to the amounts of profits and gains attribut able to the two parts of the company's business afore· said as if the said amounts were respectively the total income of the company in relation to each of its parts, the amount of dividends and taxes also being similarly apportioned, for the purposes of sub·section (1) 30 35 (iv) in the case of any other company not referred to in the preceding clauses,-(a) where the accumulated profits an4 /reserves (including the· amounts capitalised from the earlier reserves) representing accumulations of past profits which have not been the subject of an order under subsection (1) exceed either the aggregate of-(1) the paidup capital of the company exclusive of the capital, if any, created out of its profits and gains which 90% have not been the subject of an order under sub·section (1); (2) any loan capital which is the property of the shareholders; or the actual cost of the fixed assets of the company, whichever of these is greater (b) where sub-clause (a) does not apply 60%" 8 in section 24 of the income-tax act-amendment of section 240 (a) in clause (iii) of sub-section (2) after the words 10 ufollowing year and so on" the words "but no loss shall be so carried forward for more than ejght years" shall be inserted; (b) in sub-section (2b), after the words "to the following year and so on", the words "so however that no such loss shall be carried forward for more than eight years" shall be inserted is recognised provident fund as consists of-(a) contributions made by the employer in excess of ten per cent of the salary of the employee, and substitution t for section 58e ot the income-tax act, the following section of new section for shall be substituted, namely:-section 58e annual contributjodi of ' u58e that portion of the annual accretion in any year to the balance at the credit of an employee participating in a - employera and intereat when deemed to be income received substitution of new section for section ssp exemption of employee~' contributions from income-tax commencement of amendments ton::tii of i9u (b) interest credited on the balance to the credit of the employee in so far as it exceeds one-third of the salary of the employee or is allowed at a rate exceeding the rate fixed 25 by the central government in this behalf by notification in the official gazette, shall be deemed to have been received by him in that year and shall be included in his total income for that year, and subject to the exemptions' specified in section 58f, shall be liable to 30 income-tax and super-tax" 10 for section 58f the following section shall be substituted, namely:-"58f an employee shall not be liable to pay income-tax on his own contributions to his individual account in a recognised 3s provident fund i~ so far as the aggregate of such contributions in any year does not exceed one-fifth of his salary in that year or eight thousand rupees, whichever is less" 11 (1) the amendments to the income-tax act made by sections 3, 9 and 10 shall, for the purposes of making any deduction of income- 40 tax under sub-section (2) or sub-section (2b) of section 18 of the income-tax act, have effect on and from the first day of april, 1957, add for other purposes shall have effect on and from the fil'lt day of aprtl, 1958 ' (2) save as otherwise provided in sub-section (1), the provisions ()f section 2 and the amendments to the income-tax act made by s :se~ions 3 to 10 inclusive shall be deemed to have come into force ()n the first day of april, 1957 (3) where any assessment in relation to which the amendmenta made by this act have effect has been completed before the passing of ~ls act, the income-tax officer shan revise it accordingly iq (4) for the removal of doubts, it is hereby declared that the )provisions of section 23a of the income-tax act, as in force immedi-'ately before the 1st day of april, 1957, shall continue to apply to a company in respect of its profits and gains of a previous year relevant to any assessment year prior to the assessment year ending on the is 31st day of march, 1957 12 (1) the indian tariff act, 1934 (hereinafter referred to as the ~m •• tariff act), shall be amended in the manner specified in parts i, n, of ip~ iii and iv ot the second schedule (2) in the first schedule to the tariff act, the following 2ol!zplanation shall be inserted at the end, namely:-"explanation-references in this schedule to 'the excise duty for the time being leviable on like articles if produced or manufactured in india' shall be construed as references to the excise duty for the time being in force which would be leviable on like articles if produced or manufactured in india or, if like articles are not so produced or manufactured, which would be leviable on the class or description of articles to which the imported articles belong" 13 in the first schedule to the central excises and salt act, ~m-:e:j 30 1944-1944-3s (a) in item no i, for the entry in the third column, the entry "twenty naye paise per imperial gallon" shall be substituted; 1 (b) in item no2, for sub-items (1), (2), (3) and (4), the following shall be substituted, namely:-" (i) matches, in boxes containing 60 matches on an average, if manufactured in a factory whose output-(i) exceeds five hundred thousand gross of boxes per year ~o four rupees and ninety naye paise per gross of boxes four rupees angi eventy-five naye paise per gross of ~lres (ii) does not exceed five hundred thousand gross of boxes per year, but exceeds one "'undred gross of boxes per day, (iii) does not exceed one hundred gross of boxes per day, but exceeds twenty-five gross of boxes per day (it!) does not exceed twenty-five gross of boxes per day | four | rupees ||-----------------------|-----------|| and' | || sixty naye paise | || per | || gross | of || four | rupees || forty-five naye paise | || 5 | || per | || gross | of |(2) matches, in boxes containing 40 matches on an average, if manufactured in a factory whose output-(i) exceeds five hundred thousand gt'('~ of boxes per year three rupees and 10 twenty-five naye paise per gross of boxes three rupees and fifteen naye paise 25 per gross of boxes (ii) does not exceed five hundred thousand gross of boxes per year, but exceeds one hundred gross of boxes per day (iii) does not exceed one hundred gross of boxes per day, but exceeds twenty-five gross of boxes per day (i'o) does not exceed twenty-five gross of boxes per day | three | rupees | and ||------------------------|-----------------|--------|| fi | ve | naye || paise | | || per gross | of | boxes || 20 | | || two | rupees | and || nine- | | || ty-five naye paise per | | || gross | | || of | boxes | || one | rupee per gross | || of | boxes | || 3s | | |(3) matches in boxes containing on an average not more than twelve matches of the type known as " bengal lights" (4) all other matches eighty naye paise for every 1,0 matches or fraction thereof" ; 30 (e) in item no4, for the entry in the third column, the entry "one rupee and twenty-five naye paise per imperial glt-llon" shall be substituted; cd) in item no7, for the entry in the third column, the entry "forty rupees per ton" shall be substituted; 35 (e) in item no8, in sub-item (1), for the entry in the third column, the entry "eleven rupees and twenty-five naye paise ner cwt" shan be substituted; <f) in item no 9,-(i) in sub-item i (4), for the entry in the third column, 40 the entry "seventy-five naye paise per lb" shall be substituted; (ii) for sub-items 1(5) and 1(6), the following sub-items shall be substituted, namely:-"(s) if not flue cured and not fifty naye paise per 45 actually used for the manufacture of lb (a) cigarettes or (b) smoking mixtures for pipes and cigarettes-(i) stems of ,tobacco larger than 1/4· and stems of tobacco not larger than 1/1'" in size; (ii) dust of tobacco j , (iii) granule (' rarva') of tobacco not larger than 1/16" square in size; , 10 (w) tobacco cured in whole leaf form and packed or tied in bundles, hanks or bunches or in the form of twists or coils j explanatim-the size of tobacco shall be determined for the purposes of this sub-item with reference to the size of the mesh through which it can pass ; (6) if other than flue cured and one rupee per lbo" ; not otherwise specified is (g) in item no 13, for the entry in the third column, the entry "thirty-five naye paise per lb" shall be substitutec:l; (h) in item no 14, for the entries in the third column against sub-items (1) (i), (1) (ii) and (2), the entries "thirty five naye paise per lb net", "forty-five naye paise per lb net"; "ten naye paise per lb net" shall respectively be substituted; (i) in item no 15, for the entry in the third column, the entry "twenty rupees per ton" shall be substituted; ,0 (j) for item no 21, the following item shall be substituted, namely:-"21 paper, all sorts (including pasteboard, millboard, strawboard and cardboard), in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power-fifteen naye per lb paise (i) blotting, toilet, target, tissue other than cigarette tissue, teleprinter, typewriting, manifold, bank, bond, art paper, chrome paper , tubsized paper, cheque paper, stamp paper, cartridge paper and parchment 3' (a) cigarette tissue - - - thirty naye paise per lb ten naye paise per lb (3) printing and writing paper, other sorts ten naye paise per lb five naye paise per lb (4) packing and wrapping paper, other sorts (s) millboard and strawboard other than corrugated board 45 (6) duplex and triplex board - ten naye paise per lb (7) pulp board; - (8) manilla and corrugated board ten tta~ -paise per lb (9) coated board (including art, fifteen naye paise per s 'chrome and board for playing cards) lb '(ro) paper and paper board, all fifteen naye paise ~&biu, not otherwise specified per lb " ; '(k) in 'item no 23, for the entry in the third column, the entry "one hundred and twelve rupees per ton" shall be 10 substituted; (,1;) in item no 24, for the entry in the third column, the entry "forty naye paise per imperial gallon" shall be substituted; (m) in item no 25, in sub-item (a), for the entry in the is third column, the entry "forty rupees per ton" shall be substituted; amcddmart of act 6 of i 14 the first schedule to the indian post office act, 1898, shau·-be amended as follows, namely:-(i) after the entries relating to letters, the followini head- 20 ing and entry shall be inserted, namely:-"letter-cards for a letter-card 10 naye paise"; (ii) for the heading post cards and the entries thereunder, the following headinp and entries shall be substituted, namely:- 25 "poltcardb local dejive1'1l postcards| for | a single postcard ||-----------------|----------------------|| for | || a | || reply postcard | || 4 | || naye paise | || 8 | || naye paise | || other poltcardb | || 30 | || for | a single"postcard || for | a reply postcard || 6 | || naye paise | || uz | || naye paise"; | |(iii) in column 2 ot the entries under the heading book, pattern and sample packets, for the figure and words "6 my' paise" the figure and words "8 mye paise" shall be substituted; 35 (iv) in column 2 of the entries under the heading parcels, for the figures and words "5q mli~ paise" against the entry "for a weight not exceeding forty tolas", the figures and words "60 mv' pave" &hall be iubtututec1 '77 cf 19,6 :, c 19'7 15 (1) sections 31 and 37 of, and the third and fourth schedules to, the finance act, 1956, and section 5 of the finance act, 1957, are hereby repealed (2) section 8 of the finance (no3) act, 1956, anci section 2 of s the finance act, 1957, are hereby repealed and shall be deemed never to have been enacted declar4tion ume7' the provisional collection of taxes act, 1931 (16 of 1931)it is hereby declared that it is expedient in the public interest 10 that the provisions of clauses 12 and 13 of t~is bill shall have bnmediate effect under the provisional collection of taxes act, 1931 part i income-tax and surcharge on income-taz paragraph a(i) in the case of every individual who is married and every hindu undivided family:-rates of income-tax (1) on the first rs 3,000 of total income nil (2) on the next rs 2,000 of total income 3% (3) on the next rs 2,500 of total income 6~c (4) on the next rs 2,500 of total income 9% (5) on the next rs 2,500 of total income 11 % (6) on the next rs 2,500 of total income 14% (7) on the next rs 5,000 of total income 18cj~ (8) on the balance of total income 25% (ii) in the case of every individual who is not married and every unregistered firm or other association of persons, not being a case to which paragraph b or paragraph c or paragraph d of this part applies:-(1) on the first rs 1,000 of total income nil (2) on the next rs 4,000 of total income 3% (3) on the next rs 2,500 of total income 6% (4) on the next rs 2,500 of total income 9% (5) on the next rs 2,500 of total income 11% (6) on the next rs 2,500 of total income 14% (7) on the next rs 5,000 of total income 18% (8) on the balance of total income 25% provided that-(i) no income-tax shall be payable on a total income which does not exceed the limit specified below; (ii) the income-tax payable shall in no case exceed half the amount by which the total income exceeds the said limit the limit aforesaid shall be-(i) rs 6,000 in the case of every hindu undivided family which as at the end of the previous year satisfies either of the following conditions, namely:-(a) that it has at least two members entitled to claim partition who are not less than eighteen years of age; or (b) that it has at least two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any other uving member of the family; (ii) rs 3,000 in every other case s1lr~harge on income-taxthe amount of income-tax computed at the rates hereinbefora specified shall be increased by a surcharge which shall be the aggregate of the amounts calculated as under:-(1) five per cent of the amount of income-tax; (2) fifteen per cent of the difference between the amount of income-tax on the total income and the amount of incometax on the whole of the earned income, if any, included in the total income if such earned income had been the total income; and (3) where the earned income included in the total income exceeds rs 1,00,000, five per cent of the difference between the amount of income-tax which would have been payable on the whole of the earned income included in the "'otal income if such earned income had been the total income and the amount of income-tax payable on a total income of rs 1,00,000: provided that-(i) no surcharge shall be payable where the total income does not exceed the limit specified below; and (ii) the surcharge payable shall in no case exceed half the amount by which the total income exceeds the said limit the limit aforesaid shall be-(i) rs 15,000 in the case of every hindu undivided family which satisfies as at the end of the previous year either of the following conditions, namely:-(a) that it has at least two members entitled to claim partition who are not less than eighteen years of age; or (b) that it has at least two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any other living member of the family;, " (ii) rs 7,500 in every other case , i e~laft4tion-ror the purposes of this paragraph, in the case of every hindu undivided family govemed by the mitakbhara law, a son shall be deemed to be entitled to claim partition of the coparcenary property against his father 9r grandfather notwithstanding any custom to the contrary paragraph b in the case of every company and local authority, rate of income-tuon the whole of the total income 30", surcharge on income-tarthe amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge of 5 per cent thereon paragraph c(1) in every case in which under the provisions of the income-tax act, income-:tax is to be charged at the maximum rate, ratti of income-tuon the whole of the total income surcharge on income-taxthe amount of income-tax computed at the rate hereinbefore specified s~all be increased by a surcharge of 20 per cent thereon (2) in every case in which under the provisions of the income-tax act, income-tax is to be deducted at the maximum rate, deduction shall be made from the whole income which is to be subjected to such deduction at the fcilllowing rates, namely:-riiu ti/ ittctjrfll-ttj% rat' 0/ jur~' tin tin fiihoj ittctjrfll n till , in-, id the cue of every company id any other cam i·s% s% paragraph din the ease of every relistered firm, rate of income-tu (1) on the first rs 40,000 of total income (2) on the next rs 35,000 of total income (3) on the next rs 75,000 of total income (4) on the balance of total income part ii super-tax and mrcharge on iuper-tazparagraph a in the case of every individual, hindu undivided family, unregistered firm and other association of persons, not being a case to which any other paragraphs of this part applies, | rates | of | super-tax ||------------------|--------------------------|---------------|| (1) | | || on | | || the | first rs | || 20,000 | | || of total income | | || (2) | | || on | the | next || 5,000 | | || of total income | | || (3) | | || on | | || the | next | || rs | | || 5,000 | | || of total income | | || (4) | | || on | | || the | next | || rs | | || 10,000 | | || of total income | | || (5) | | || on | the | next || rs | | || 10,000 | | || of total income | | || (6) | | || on the | next | || rs | | || 10,000 | | || of total income | | || (7) | | || on the | next | || rs | | || 10,000 | | || of total income | | || (8) | | || on | | || the | balance of total income | || nil | | || 5% | | || 15% | | || 20% | | || 30% | | || 35% | | || 40% | | || 45% | | | surcharge on super-taxthe amount of super-tax computed at the rates hereinbefore specified shall be increased by a surcharge which shall be the aggregate of the amounts calculated as under:-(1) five per cent of the amount ot super-tax; (2) fifteen per cent of the difterence between the amount of super-tax on the total inco~e, and the amount of super-tax on the whole of the earned income, if any, included in the total income, if such earned income had been the total income; and (3) whs-e the earned income included in the total income exceeds rs 1,00,000, five per cent of the di1!erence between the amount of super-tax which would have been payable on the whole of the earned income included in the total income, if such earned income had been the total income and the amount of super-tax payable on a total income of rs 1,00,000 paragraph b in the case of every local authority, rate of ~-tar on the whole of the total income surc1targe oft super-t&tthe amount of super-tax computed at the rate hereinbefore specified shall be increased by a surcharge of 12i% thereon paragraph c in the case of every association of persons being a co-op~rative society as defined in clause (58) of section 2 of the income-tax act, jtate oj s'uper-tax nil (1) on the first rs 25,000 of total income (2) on the balance of total income 16% surcharge on super-tarthe amount of super-tax computed at the rates hereinbefore apecified shan be increased by a surcharge of 12t% thereon paragraph d in the case of every company, rates of super-taxon the whole of the total income, 50% provided that,-(i) a rebate at the rate of 40 per cent on so much of the total income as consists of dividends from a subsidiary indtan company and a rebate at the rate of 35 per cenl on the balance of the tot&) income shall be allowed in the case of any company which-(a) in respect at its profits liable to tax under the incometax act for the year ending on the 31st day of march, 1958, has made the prescribed arrangements for the declaration and paym('nt within india of the dividends payable out of such profits and for the deduction of super-tax from dividends in accordance with the provisions of sub-section (3d) of section 18 of that act; and (b) is such a company as is referred to in sub-section (9) of section 23a of the income-tax act with a total income not exceeding rs 25,000; (ii) a rebate at the rate of 40 per cent on so much of the total income as consists of dividends from a subsidiary indian coijlpany and a rebate at the rate of 30% on the balance of the total income shall be allowed in the case of any company which satisfies condition (a) but not condition (b) of the preceding clause; (iii) a rebate at the rate of 40% on iso much of the total income as consists of dividends from a subsidiary iudian company and a rebate at the rate of 20% on the balance of the total income shall be allowed in the case of any cornpant' not entitled te a rebate ilnder either of the preceding clauses: provided further that,--(i) the amount of the rebate under clause (i) or clause (ii) shall be reduced by the sum, if any, equal to the amount or the aggregate of the amounts, as the case may be, computed al hereunder: -the whole amount of such part ii of 19s6 (a) on that part of the sum arrived at in accordance with clause (i) of the second proviso to paragr,aph d of part ii of the first schedule to the finance act, 1956, as is referable to that amount of bonus shares, bonus or dividends, as the case may be, which has not been deemed to have been taken into account, in accordance with clause (ii) of the said proviso, for the purpose of reducing the rebate mentioned therein to nil at the rate of 30" (b) on the amount representing the face value of any bonus shares or the amount of any bonus issued to its shareholders during the previous year with a view to increasing the paid-up capital except to the extent to which such bonus shares or bonus have been issued out of premiums received in cash on the issue of its shares; and (c) in addition, in the case of a company referred to in clause (ii) of the preceding proviso which has distributed to its shareholders during the previous year dividends in excess of six per cent of its paid-up capital, not beini dividend payable at a fixed rate--at the rate ot 10% on that part 01 the said dividends which exceeds 6 per cent but does not exceed 10 per cent of the paid-up capital; at the rate of 20% on that part ot the said dividends which exceeds 10 per cent but does not exceed 18 per cent of the paid-up capital; on that part of the said dividends at the rate of which exceeds 18 per cent of 30% the paid-up capital (ii) where the sum arrived at in accordance with clause (i) of this proviso exceeds the amount of the rebate arrived !it in accordance with clause (i) or clause (ii), as the case may be, of the preceding proviso, only so much of the amounts of reduction mentioned in sub-clauses (a), (b) and (c) of clause (i) of this proviso as is sufficient, in that order, to reduce the rebate to nil shall be deemed to have been taken into account for the purpose: provided further that the super-tax payable by a company, the total income of which exceeds rupees twenty-five thousand shall not exceed the aggregate of-(a) the super-tax which would have been payable by the company if its total income had been rupees twentyfive thousand, and (b) half the amount by which its total income exceeds rupees twenty-five thousand explanation-for the purposes of this paragraph-(i) the expression "paid-up capital" means the paid-up capital (other than capital entitled to a dividend at a fixed rate) of the company as on the first day of the previous year relevant to the assessment for the year ending on the 31st day of march, 1958, increased by any premiums received in cash by the company on the issue of its shares, standing to the credit of the share premium account as on the first day of the previous year aforesaid; (ii) the expression "dividend" shall be deemed to include any distribution included in the expression "dividend" as defined in clause (6a) of section 2 of the income-tax act; t iit) where any portion of the profits and gains of the compan; is not included in its total income by reason of such portiod being exempt from tax under any provision of the incom~ tax act, the "paid-up capital" of the company, the amount distributed as dividends (not being dividends payable !it a fixed rate), the amount representing the face value of an, bonus shares and the amount of any bonus issued to the share-holders shall each be deemed to be such proportion thereof as the total income of the company for the previous year bears to its total profits and gains for that year other than capital receipts, reduced by such allowances as may be admissible under the income-tax act which have not been taken into account by the company in its profit and loss account for that year (see section 12) part i in the first schedule to the tariff act,-(i) in items nos 3, 3 (4), 4, 5 (1), 11, 11 (2), 11 (4), 11 (5), 12, 15, 15 (1), 15 (2), 15 (4), 15 (8), 16 (2), 21 (2), 23, 25 (7), 27 (2), 28(5), 28(6) (a), 28(6) (b), 28(7), 28(8), 28(16), 28(17), 28(19), 30(8),30(10),32(4),34(1),34(2),36,39(1),40,40(3),40(4),40(5), 46 (1), 47 (1), 47 (3), 47 f4), 47 (5), 47 (7), 50, 50 (1), 50 (2), 50(4), 50(6), 50(7), 52(1), 58, 58(2), 59(6), 63(18) (b), 63(28), 64(4) (b), 65(a), 65(b), 66(a), 66(b), 66(1·), 67, 67(1), 68, 69(2), 70, 70(1), 70(3), 70(6), 70(9), 71(1), 71(11), 72(6), 72(12), 73(2), 73(6), 74 (1), 75, 75 (4), 76 (3), 82 and 82 (3), for the existing entries against each of them in the fourth column, the entry "35 per cent ad valorem" shall be substituted; (ii) in item no3 (1), for the existing entry in the fourth column, the entry "one rupee per indian maund of 82-2/7 lbs plus 10 per cent ad valorem" shall be substituted; (iii) in items nos 3(2), 43, 63, 63(1), 63(4), 63(5), 63(7), 63(11), 63(13), 63(22), 63(23), 63(26), 63(35), 73(3), 74(2), 74 (3) and 76 (lj, for the existing entries against each of them in the fourth column, the entry "20 per cent ad valorem" shan be substituted; (iv) in items nos 3 (3), 5 (2), 11 (3), 12 (2), 18 (2), 13,(4), 30 (5) and 50 (8), for the existing entries against each of them in the fourth and sixth columns, the entries "40 per cent advalorem" and "30 per cent ad valorem" respectively shall be substituted; (v) item no 4(3) shall be omitted; (vi) in items nos 5, 14, 28(31)(a), 28 (34)(a), 30(9)(a) and 64 (a), for the existing entries against each of them in the fourth column, the entry "30 per cent ad valorem" shall be substituted; (vii) in items nos 7 and 8, for the existing entries against each of them in the fourth and sixth columns, the entries "45 per cent ad v4lorem" and "35 pe~ cent ad valore1'jl" respectively shall be substituted; (viii) in items nos 8(3),11(6) (b), 2u(4), 21(1), 22, 25(3), 33, 33(1), 45(b), 45(c), 53, 55, 58(1), 59(1), 63(16), 64(3) (b) and 71 (7), for the existing entries against each of them in the fourth column, the entry u50 per cent ad valorem" shall be substituted; (ix) in item no9, for the existing entries in the fourth and sixth columns, the entries "40 per cent ad valorem plus six naye paise per lb" and "40 per cent ad valorem" respectively shall be substituted; (z) in item no 9 (1), for the existing entries in the fourth and sixth columns, the entries u50 per cent ad vclorem" and "40 par cent ad valonm" respectively shall be substituted; (~) in item no 9 (2), for the existing entries in the fourth and sixth colum~s, the entrlell usixty naye paise per lb" and uforty eight naye paise per lb" respectively shall be substituted; (zii) in items nos 9 (3) and 9 (4), for the existing entries against each of them in the fourth and sixth columns, the entries "82i per cent ad valorem" and "75 per cent ad valorem" respectively shall be substituted; (ziii) in item no 9(5), for the existing entry in the fourth column, the entry urs 1·03 per lb" shall be substituted; (xiv) in items nos 11(6) (a), 17(1), 28(11), 28(12), 28(31) (b), 28(34) (b), 30(9) (b), 64(b), 64(3) (a), 70(5) and 72(33), for the existing entries against each of them in the fourth column, the entry "40 per cent ad valorem" shall be substituted; (xv) in items nos 12(5), 13(1), 22(7), 40(1) and 71(6), for the existing entries against each of them in the fourth column, the entry "5 per cent ad valorem" shall be substituted; (xvi) in item no 13 (6), for the existing entry in the fourth column, the entry "rs 40 per seer of 80 tolas or 25 per cent ad valorem, whichever is higher" shall be substituted; (xvii) in items nos 15 (6) and 15 (7), for the figures "35" and "25" against each of them in the fourth and sixth columns, the figures "45" and "35" respectively shall be substituted; (xviii) in items nos 17 and 17(3), for the existing entries against each of them in the fourth column, the entry "the rate at which excise duty is for the time beine leviable on sugar, other than khandsari or palmyra sugar, produced in india plus rs 10 per cwt" shall be substituted; (m) in items nos 17 (2), 19, 31 (5), 36 (2), 45 (a), 45 (5), 45(6), 59(2), 59(3), 59(5), 60(1) (a), 60(1) (b), 60(3), 75(6) (b), 75(7) (b), 75 (7a) (b), 75(8) (b), 82(2) and 83, for the existing entries against each of them in the fourth column, the entry "75 per cent ad valorem" shall be substituted; (xz) in item no 20 (2), for the existing entries in the fourth and sixth colulildb, the entries "75 per cent ad valorem" and "65 per cent ad valorem" respectively shall be substituted; (m) in items nos 20 (5) (a) and 20 (8) (a), for the existing entries against each of them in the fourth column, the entry "39 per cent ad valorem" shall be substituted; (xxii) in items nos 20(5) (b), 20(8)(b) and 20(9) (b), for the existing entries against each of them in the fourth column, the entry "45 per cent ad valorem" shall be substituted; (xxiii) in item no 20 (9) (a), for the existing entry in the fourth column, the entry "37 per cent ad valorem" shall be substituted; (xxiv) in item no 22(1), for the existing entries in the fourth column against sub-items (a), (b), (e) and (d), the entries "rs 4·50 per imperial gallon", "75 naye paise per bottle", "40 naye paise per bottle" and "20 naye paise per bottle" respectively shall be substituted; (xxv) in item no 22 (2), for the existing entries in the fourth column against sub-items (b), (e) lind (d), the entries ~'rs 1· 50 per bottle", "75 naye paise per bottle" and "40 naye paise per bottle" respectively shall be substituted; (xxvi) in item no 22(4)-(1) for the existing entries in the fourth column against each of the sub-items (a) and (b) (it), the entry "rs 120 per ·imperial gallon of the strength of london proof or 100 per cent ad valorem, whichever is higher" shall be substituted; (2) for the existing entry in the fourth column against sub-item (b) (i), the entry "rs 150 per imperial gallon or 100 per cent ad valorem, whichever is higher" shall be substituted; and f· (3) proviso (a) shall be omitted; (%%vii) in item no 22(5~-(1) for the existing entries in the fourth and sixth columns against sub-item (a) (i), the entries "rs 73 per imperial gallon or 45 per cent ad valorem, whichever is higher" and "rs 68 per imperial gallon or 35 per cent ad valorem, whichever is higher" respectively shall be substituted; (2) for the existing entries in the fourth and sixth columns against each of the sub-items (a) (ii) and (d), the entries "rs 55·25 per imperial gallon of the strength of london proof or 45 per cent ad valorem, whichever is higher" and "rs 51·50 per imperial gallon of the strength of london proof or 35 per cent ad valorem, whichever is higher" respectively shall be substituted; (3) for the existing entries in the fourth, fifth and sixth columns against sub-item (b) (i), the entries "rs 48 per imperial gallon or 45 per cent ad valorem, whichever is higher", "rs 44 per imperial gallon or 35 per cent ad valorem, whichever is higher" and "rs 44 per imperial gallon or 35 per cent ad valorem, whichever is higher" respectively shall be substituted; (4) for the existing entries in the fourth, fifth and sixth columns against sub-item (b)(ii), the entrjes "rs 35 per imperial gallon of the strength of london proof or 45 per cent ad valorem, whichever is higher", "rs 32 per imperial gallon of the strength of london proof or 35 per cent ad valorem, whichever is higher" and "rs 32 per imperial gallon of the strength of london proof or 35 per cent ad valorem, whichever is higher" respectively shall be substituted; and (5) proviso (a) shall be omitted; (xxviii) in item no 22 (6), for the existing entry in the fourth column, the entry "15 per cent ad valorem" shall be substituted; (xxix) in item no 24, for the existing entry in the fourth column, the entry "rs 17 per lb" shall be substituted; (xxx) in item no 24(1), for the existing entry in the fourth column, the entry "40 per cent ad valorem plus rs 16·50 per lb" shall be substituted; (xxxi) in item no 24 (2), for the existing entry in th fourth column, the entry "40 per cent ad valorem, plus rs 41 per thousand or rs 16·50 per lb whichever is higher" shall b£ substituted; (xzxii) in item no 24 (3), for the existing entries in the fourth and sixth columns, the entry "rs 10 per lb" shall be substituted ; (ouxiii) in item no 25-(a) in the third column, the word "revenue" shall be inserted, and (b) for the existfng entry in the fourth column, the entry "10 per cent ad valorem" shall be substituted; (:=xiv) in item no 25 (4), for the existing entries in the fourth and fifth columns, the entries "50 per cent ad valorem" and "40 per cent ad valorem" respectively shall be substituted; (zz,rv) in item no 25(5), for the existing entry in the fourth column, the entry "rs 30 per ton" shall be substituted; (ouxvi) in item no 27, for the existing entry in the fourth column, the entry "eighty naye paise per ton" shall be substituted; (xxxvii) in items nos 27 (4) (a) and 27 (4) (b), for thp existing entries against each of them in the fourth column, the entry "20 naye paise per imperial gallon" shall be substituted; (xxxviii) in item no 27(5), in the fourth column, for the words and figures "three annas per imperial gallon or 15 per cent ad valorem", the words and figures "twenty naye paise per imperial gallon or 16 per cent ad valorem" shall be substituted; (xx:ri:r) in item no 27 (7) (a), for the existing entry in the fourth column, the entry "rs 20 per ton or 16 per cent ad valotem, whichever is higher" shall be substituted; (xl) in items nos 27(7)(b)(l) and 27(7)(b)(2), fat' the figures "15" against each of them in the fourth column, the figures "16" shall be substituted; (xli) in item no 27 (8), for the existing entry in the fourth column, the entry "twenty naye paise per imperial gallon or 16 per cent ad valorem, whichever is higher" shall be substituted; (xlii) in items nos 28, 28 (18) (a), 28 (18) (b), 28 (18) (c) and 28 (18) (d), for the existing entries against each of them in the fourth, fifth and sixth columns, the entries "40 per cent ad valorem", "30 per cent, ad valorem" and "30 per cent ad l1alorem" respectively shall be substituted; (xliii) item no 28 (2) shall be omitted; (xliv) in items nos 28(3) and 39-(a) in the third column against each of them, the word "revenue" shall be inserted, and (b) for the existing entries against each of them in the fourth column, the entry "5 per cent ad valorem" shall be substituted; (xlv) in item no 28(4) (a), for the existing entry in the fourth column, the entry "rs 4·25 per cwt" shall be substituted; (xlvi) in item no 28 (4) (a), for the existing entry in the fourth column, the entry "rs 5·75 per cwt" shall be substitutedt (xlvii) in items nos 28 (7a), 61(7), 75(6)(a), 75 (7)(a), 75(7a) (a) and 75(8)(a), for the existing entries against each of them in the fourth column, the entry "65 per cent ad valorem" shall be substituted; (xlviii) in item no 28 (6), for the words "magnesium and zinc compounds not otherwise specified" appearing in the second column, the words "magnesium and zinc compounds not otherwise specified, green copperas (ferrous sulphate) " shall be substituted; , (xlix) in item no 26 (9), for the existing entry in the fourth column, the entry "rs 6 per lb" shall be substituted; (l) in item no 26 (10), for the existing entry in the fourth column, the entry "25 per cent ad valorem or rs 6 per pound of saccharine content, whichever is higher" shall be substituted; (ii) in item no 28 (15) (a), for the existing entry in the fourth column, the entry "rs 3· 50 per cwt" shall be substituted; (iii) in item no 28(15) (b), for the existing entry in the fourth column, the entry "rs 5 per cwt" shall be substituted; (!iii) in item no 28 (20), for the figures and words "31," and "8 annas" in the fourth column against each of the subitems, the figures and words "35" anti "50 naye paise" respectively shall be substituted; (liv) in item no 28(26), for the existing entries in the fourth, fifth and sixth columns, the entries "26 per cent ad valorem", "20 per cent ad valorem" and "20 per cent ad valorem" respectively shall be substituted; (lv) in item no 28(32), for the existing entries in the fourth column against sub-items (a) and (b), the entries "50 per cent ad valorem" and "60 per cent ad valorem" respectively shall be substituted; (tvi) in item no 29, for the existing entry in the fourth column, the entry "rs, 1·75 per 100 linear feet" shall be substituted; (lvii) in item no 29(1), for the existing entry in the fourth column, the entry "50 naye paise per linear foot" shall be substituted; (lviii) in item no 30, for the figures "36" and "24" in the fourth and fifth columns, the figures "40" and "30" respectively shall be substituted; (lir) in item no 30 (2)-(1) for the figures and words "30 per cent ad valorem or rs 4-12 per cwt, whichever is higher, plus one-fifth of the total duty" in the fourth column against sub-item (a), the figures and words "40 per cent ad valorem" shall be substituted; (2) for the figures and words "30 per cent ad valorem or rs 5-12 per cwt, whichever is higher, plus one-fifth of the total duty" in the fourth column against sub-item (b), the figures and words "40 per cent ad valorem" shall be substituted; (3) for the figures and words "30 per cent ad valorem or rs 6 per cwt, whichever is higher, plus one-fifth of the total duty" in the fourth column against sub-item (c), the figures and words "40 per cent ad valorem" shall be substit~ted; (4) for the word and figures "rs 8-8" in the fourth column against sub-item (cc) (i), ,the word and figures "rs 8·50" shall be substituted; (5) for the word and figures "rs 11-4" in the fourth column against sub-item (cc) (ii), the word and figures "rs 11·25" shall be substituted; and (6) for the figures "24" in the fifth column against each of the sub-items (a), (b) and (c), the figures "30" shall be substituted; (lx) in item no 30(3), for the existing entries in the fourth column against each of the sub-items (a), (b), (c) and (d), the entry "35 per cent ad valorem plus the excise duty for the time being leviable on like articles if produced or manufactured in india, and where such duty is'leviable at different rates, the hi"hest duty" shall be substituted; (lri) in item no 30 (4), for the figures "25" in the tourth column, the figures "35" shall be substituted; (lxii) in items nos 30(7) and 45(4), for the existing entries against each of them in the fourth column, the entry "15 naye paise for every length of 7i inches or part thereof or 75 per cent ad valorem, whichever is higher" shall be substituted; (lriii) in item no 30 (14) (a), for the figures "34" in the fourth column, the figures "35" shall be substituted; (lxiv) in item no 30 (14) (b), for the figures "44" in the fourth column, the figures "45" shall be substituted; (lxv) in items nos 32, 32(1), 32(2), 37,37(1), 37(2), 38, 40(2), 42, 50(5), 61(4), 61(6), 61(9), 61(10), 70(10), 70(11), 71(2), 71 (3), 82 (1) and 85 (2), for the existing entries against each of them in the fourth column, the entry "100 per cent ad valorem" shall be substituted; (lxvi) in items nos 34, 34(3), 61(5), 61(8), 80, 80(1), 80(2) (a), 80(2) (b), 80(2) (c), 80(2) (d), 80(2) (e), 80(2) (f), 80 (2) (g), 80 (4), 81, 84 (a) and 85 (1), for the existing entries against each of them in the fourth column, the entry "80 per cent ad valorem" shall be substituted; (lxvii) in item no 44, for the figures "37i" in the fourth column, the figures "40" shall be substituted; (lxviii) in items nos 44 (4) and 44 (7), for the figures "66-2/3" against each of them in the fourth column, the figures "75" shall be substituted; (lrix) in item no 46, for the existing entry in the fourth column, the entry "35 per cent ad valorem plus rs 4 per lb" shall be substituted; (lxx) in item no 46 (3), for the existing entry in the fourth column, the entry "12 naye paise per lb" shall be substituted; (!xxi) in item no 47 (6) (a), for the figures "5" and "6i" in the fourth column against sub-item (i) and (ii), the figures "61" and "71" respectively shall be substituted; (txrii) in item no 47 (6) (b) (i), for the existing entry in the fourth column, the entry "61 per cent ad valorem or 10 naye paise per lb, whichever is higher" shall be substituted; (lxxiii) in item no 47 (6) (b) (ii), for the existing entry in the fourth column, the entry "7i per cent ad valorem or 15 naye paise per lb, which~'ter is higher" shall be substituted; (lxxiv) in items nos 47(8), 71(5), 72(34), 72(40) (a) and 72 (40) (b), for the existing entries against eaoh of them in the fourth column, the entry "10 per cent ad valorem" shall be substituted; (lxxv) in item no 48-(1) for the existing entries in the fourth column against each of the sub-items (a) and (b), the entry "120 per cent ad valorem plus rs 850 per lb" shall be substituted; and (2) for the existing entry in the fourth column against sub-item (c), the entry "120 per cent ad valorem plus rs 6·25 per lb" shall be substituted; (lxxvi) in items nos 48 (1) (a) and 48 (5) (b) (i) for the figure and words "7 annas per square yard" against each of them in the fourth column, the figures and words "45 naye paise per square yard" shall be substituted; (lxxvii) in items nos 48 (1) (b) and 48 (5) (b) (li), for the figures and words "14 annas ~er square yard" against each of them in the fourth column, the figures and words "90 naye paise per square yard" shall be substituted; (lxxviii) in item no 48 (5) (a) (i), for the figures and words "51 annas per square yard" in the fourth column, the figures and words "35 naye paise per square yard" shall be substituted; (lxxix) in item no 48 (5) (a) (ii), for the figures and words "11 annas per square yard" in the fourth column, the figures and words "70 naye paise per square yard" shall be substituted; (1xzx) in items nos 49(a) and 49(b), for the words "the ad valorem rates of duty" against each of them in the fourth column, the figures and words "ii times the ad valotem rates of duty" shall be substituted; (i:uxi) in item no 49 (5), for the existing entry in the fourth column, the entry "50 naye paise per lb" shall be substituted; (lxxxii) in item no 54 (2), for the existing entry m the fourth column, the entry "35 per cent ad valorem or 25 naye paise per pair, whichever is higher" shall be substituted; (!xxxiii) in item no 59(4), for the existing entry in the fourth column, the entry "75 per' cent ad valorem or 80 naye paise per square foot, whichever is higher'~ shall be substituted; (lr-rriv) in items nos 60, 60(6) and 60(7), for the existing entry in the fourth column, the entry "70 per cent ad valorem" shall be substituted; (lrxxv) in item no 60(8)(a), for the existing entry in the fourth column, the entry "75 per cent ad valorem or rs 4·!50 per flask, whichever is higher" shall be substituted; (lx-rxvi) in item no 60(8)(b), for the existing entry in the fourth column, the entry "75 per cent ad valorem or rs 3·50 per refill or inner, whichever is higher" shall be substituted; (lxxxvii) in items nos 61 (2) and 62 (1), for the existing entries against each of them in the fourth column, the entry "50 naye paise per ounce" shall be substituted; (lxrrix) in items nos 61(3) and 62(2), for the existing entries against each of them in the fourth colum~, the entry "ri 30 per tola of 180 grains fine" shall be substituted; (xc) in item no 63 (3)-(1) for the existing entry in the fourth column against sub-item (i), the entry (irs 31 per ton or 10 per cent ad valorem whichever is higher", shall be substituted; and (2) for the existing entry in the fourth column against sub-item (ii), the entry "rs 60 per ton or 20 per cent ad valorem, whichever is higher", shall be substituted; (xci) in item no 63(6), for the existing entry in the fourth column against sub-item (ii) , the entry "rs 75 per ton" shall be substituted; (xcii) in item no 63 (8), for the existing entry in the fourth column, the entry "rs 5 per ton or 20 per cent ad valorem, whichever is higher" shall be substituted; (xciii) in item no 63(10), for the existing entries in the fourth column against sub-items (i) and (ii), the entries "rs 60 per ton" and "rs 81 per ton" respectively shall be substituted (xciv) in items nos 63(14), 63(24), 63(34)(a), 63 (34)(b ) and 63 (34) (c), for the existing entries against each of them in the fourth and fifth column's, the entries "25 per cent ad valorem" and "15 per cent ad valorem" respectively shall be substituted (xcv) in item no 63(17), for the existing entries in the fourth column against sub-items (i) and (ii), the entries "as 32 per ton or 10 per cent ad valorem, whichever is higher" lnd "rs 55 per ton" respectively shall be substituted; (xcvi) in item no 63 (20)-(1) for the existing entry in the fourth column agains~ sub-item (a)(l)(i), the entry "rs 29 per ton or 10 per cent ad valorem, whichever is higher" shall be substituted; (2) for the existing entry in the fourth column, against sub-item (a)(1)(ii), the entry "rs 50 per ton" shall be substituted; (3) for the existing entry in the fourth column against sub-item (a)(2)(i), the entry "rs 30 per ton or 10 per cent ad valorem, whichever is higher" shall be substituted; (4) for the existing entry in the fourth column against sub-item (a)(2)(ii), the entry "rs 60 per ton" shall be substituted ; (5) for the,existing entries in the fourth column against each of the sub-items (b) (1) (i) and (b) (2, (1), the entry "rs 32 per ton or 10 per cent ad valorem, whichever is higher" shall be substituted; (6) for the existing entry in the fourth column against sub-item (b)(1)(ii), the entry "rs 55 per ton" shall be substituted; and (7) for the existing entry in the fourth column against sub-item (b)(2)(ii), the entry "rs 65 pel" ton" shall be substituted; (xcvii) in item no 63 (21)- (1) for the existing entries in the fourth column against each of the sub-items a(a)(i) and b(a)(i), the entry ''rs 10 per ton or 15 per cent ad valorem, whichever is higher" shall be substituted; (2) for the existing entries in the fourth column against each of the sub-items a(a)(ii) and b(a)(ii), the entry "rs 10 per ton or 25 per cent ad valorem, whichever is higher" shall be substituted; (3) for the existing entries in the fourth column against each of the sub-items a(b)(i) and d(i), the entry "rs 31 per ton or 10 per cent ad valorem, whichever is higher" shall be substituted; (4) for the existing entries in the fourth column against each of the sub-items a(b)(ii) and d(b), the entry "rs 60 per ton" shall be substituted; (5) for the existing entry in the fourth column against sub-item b(b)(i), the entry "rs 33 per ton or 10 per cent ad valorem, whichever is higher" shall be substituted; (6) for the existing entry in the fourth column against sub-item b(b)(ii), the entry "rs 65 per ton" shall be substituted; (7) for the existing entry in the fourth column against sub-item c(i), the entry "rs 10 per ton or 10 per cent ad valorem, whichever is higher", shall be substituted; (8) for the existing entry in the fourth column against sub-item c(ii), the entry "rs 10 per ton or 20 per cent ad valorem, whichever is higher" shall be substituted; (9) for the existing entries in the fourth column against each of the sub-items e(i) and f(i), the entry "rs 30 per ton or 10 per cent ad valorem, whichever is higher" shall be substituted; and (10) for the existing entries in the fourth column against each of the sub-items e(ii) and f(ii), the entry "rs 80 per ton" shall be substituted; (xcviii) in item no 63(25), for the existing entries in the fourth column against sub-items (i) and (ii), the entries "25 per cent ad valorem" and "25 per cent ad valorem plus rs 35 per ton" respectively shall be substituted; (xcix) in item no 63(27), for the existing entries in the fourth column against sub-items (i) and (ii), the entries "rs 15 per ton or 15 per cent ad valorem, whichever is higher" and "rs 42·50 per ton or 25 per cent ad valorem, whichever is higher" respectively shall be substituted; (c) in item no 63 (30), for the existing entrtes in the fourth column against sub-items (a) and (b), the entries "35 per cent ad valorem" and "45 per cent ad valorem" respectively shall be substituted; (ci) in item no 63(31), for the existing entries in the fourth colunln against sub-items (a> and (b), the entries "rs 29 per ton or 10 per cent ad valorem, whichever is higher" and "rs 50 per ton" respectively shall be substituted; (cii) in item no 63(32), for the existing entries in the fourth column against sub-items (a) and (b), the entries "rs 50 per ton" , and "rs 85 per ton" respectively shall be substituted; (chi) in item no 63(33)(a), for the existing entry in the fourth column, the entry "35 per cent ad valorem or 35 naye paise per gross, whichever is higher" shall be substituted; (civ) in item no 63(33) (b), for the existing entry in the fourth column, the entry "50 per cent ad valo?,em or 60 naye paise per gross, whichever is higher" shall be substituted; (cv) in items nos 64(4)(a), 67(2), 68(2) and 70(2), for the existing entries against each of them in the fourth column, the entry "25 per cent ad valorem" shall be substituted; (cvi) in item no 71(4), for the existing entry in the fourth column, the entry "ten naye paise per lb" shall be substituted; (cvii) in item no 71(10)(b), for the figure and words "3 annas per dozen" in the fourth column the words and figures "rs 2·25 per gross" shall be substituted; (cviii) in item no 71(13), for the figures and words "15 annas per foot" in the fourth column against each of the sub-items (a), (b) and (c), the words "one rupee per foot" shall be substituted; (cir) in item no 72(10), for the existing entries in the fourth and fifth columns, the entries "40 per cent ad valorem" and "30 per cent ad valorem" respectively shall be substituted; (cx) in items nos 72(35), 72(36) and 72(37), for the existing entries against each of them in the fourth column, the entry "95 per cent ad valorem" shall be substituted; (cxi) in item no 73(1), for the words "and wires and cables of other metals of not more than equivalent conductivity" in the second column, the words "and wires and cables of other metals and alloys of not more than equivalent conductivity" shall be substituted; (crii) in item no 73(7)(b), for the figures "3li" in the fourth "olumn, the figures "35" shall be substituted; (criii) in item no 73(15), for the figures "451" in the fourth column, the figures "50" shall be substituted; (criv) in item no 74, for the existing entries in the fourth column against sub-items (a) and (b), the entries "rs 20 per ton or 15 per cent ad valore:n, whichever is higher" and "rs 60 per ton or 25 per cent ad valorem, whichever is higher" respectively shall be substituted; (corv) in item no 75 (2), for the existing entries in the fourth and fifth columns, the entries "47-i per cent ad valorem" and "40 per cent ad valorem" shall be substituted"; (cxvi) in items nos 75(3) and 75(13), for the existing entries against each of them in the fourth and fifth columns, the entries "321 per cent ad valorem", and "25 per cent ad valorem" respe(:-tively shall be substituted; (cxvii) in item no 75(5)(a), for the existing entry in the fourth column, the entry "65 per cent ad valorem or rs 80 per cycle, whichever is higher" shall be substituted; (cxviii) in item no 75(5)(b), for the existing entry in the fourth column, the entry "rate of duty actually charged at the time for such products of the united kingdom origin plus 10 per cent ad valorem" shall be substituted; (cxix) in item no 76, for the existing entry in the fourth column, the entry "3 per cent ad valorem" shall be su~stituted; (ax) in item no 77(3), for the existing entries in the fourth and sixth columns, the entries "30 per cent ad valotem" and "20 per cent ad valorem" respectively shall be substituted, ' partll in the first schedule to the tarift act, for items nos 18, 21, 30(2)(d), 34(4), 46(4), 47, 63(2), 63(9), 63(19), 63(29), 72(4), 73(5) and 87, the following items shall respectively be substituted, namely:-item n_olmcle nature of duty standard rate of preferential rate of duty if the article no duty is the produqe or manufacture of duration of ~ tcctive rates of duty the united kinadom a british colony i 2 3 4 5 6 7 "18 cocoa and chocolate other than confectiooery-(ei) cocoa pow« protective 35 per cent tid valomrt dcamber 311t, 1957· 50 per cajt" tjei-lor or re i per lb, wbichever is higher (6) cloooiate other than confectionery pnt -riwe dcamber 311t, 1957 - 75 r:r- cent tjil ti/j-21 provisions, canned, botticd or otherwise pecked for retiil sale, not ofbenriae specified revame 30 (2) (4) paints, other sorts, coiourd, preferential reyed1ic 40 per cent tid -30 per cent tjil 011-moist ioras plua the ex-ior_ plus the c:isc duty for the exc:isc duty for the time being jeoriable time being leviable oil like uticlea if oil like artidei if produced or manuproduced or manufa:tured in india, &ctured in india, and where such and where auc:h duty is leviable at duty is leviable it different rates, the different rates, the highest duty higbeat duty 34 (of) matches, undipped spiinu and veneers-(,,) matdici protcctift one daya paisa for every 10 matches or pan thereof (6) undipped spiinu sac:b protcc:tive so oaye paise per lb is are onlinarily used for match-making (e) veoecn such as are ordi-protective 60 aye paise per lb oari1y used for makins boxes, including boxes and parts of boxes made of such veoeen 46 (4) tc:ztile materials, the fojlowmg-(,,) raw hemp - revalue 2s per cent ad ~ rem (6) raw flax, jute and an revenue 3s per cent 1m other u1ljiiidt1fiict ~ textile materials not otherwise speci6cd 47 silk yam including thrown s!lk warps and yam spun from silk _te or noils, but aduding sewing thread-- (,,) silk yam including protective 3s per cent ad december 31st, 19s5 thrown si1k warps 0tii0mrt plus ri 4 per lb (6) yam spun from &ilk protective 3~ cent ad december 31st, i9ss waste plus rs s'2s per lb (e:) yam spun from noi1s - protective 3s per cent ~ ad december 31st, 19s8 ----__---s 6 7 i 3 4 2 63 (2) iron or steel angle, channel, tee, flat {other than alloy, tool or special steel specified in item no 63 (30)], beam, zed, trough and piling-(ii) not fabricated-- () of british dwiufac:ture revenue ri z2 per ton or 10 per cent ad vajormt, whichever is higher (ia) oot of british manu-revenue facture ri 65 per ton (b) fabricated - revenue ri 60 per ton 63 (9) iron or steel structures, fabricated partially or wholly, dot otherwise specified, if made mainly gr wholly of iron or steel bars, sections, plates or sheets, for the coostruction of buildings, bridges, tanks, well curbs, tn:sdes, towers and similar struc:tures or for parts thereof, but not indudina: builders' hardware or any of die articles specified in items nos 72 ']2(3), 74(1) 7s(3), 75(4) or 76(1) revenue rs 60 per ton 63(19) iroo or steel plates ezcludiog cut iron piatci-(a) not fabriomd-(j) of bridllh manufacture revenue ri 15 per ton or 10 per cent ad _-w,",, whichever is higher (ia) not of british dl8ilu-revanie rs 40 per too facture (b) fabricated revenue ri 60 per ton 63(29) eoame11ed ironware, the follawidg, namely :-(a) sign-boards revenue so per cent ad fjq/or- (b) domestic hollow-ware, revenue 50 j:", cent ad the following, li8dlcly, ti - basins, bowls, dishes, plates and thal3s indud-jdg rioe-cups, rice-bow15 and rice-platcs 72 (4) passenger lifts and c:scalators, and component parts and accessories tbereof-(a) puseoger lifts add (x)ijl- reveouc 25 per cent ad ponent parts and iicces-fxjiorem sarles thereof (b) escalators and component revenue 3s per cent ad parts and accessories vajor- 1:hem>f s 6 i 2 3 4 7 13(s) hkctrical earthenware and porcelain, the following, diiilely:-«(i) idauiaton, sbadde, sin- revenue clair, corde&wi: or pin-~ not otherwise ape-60 per cent ad f1cilorem (6) two-way cleats revenue 60 per cent ad fjcilorem (e) spac:iog'iniulators revenue 60 per cent ad fjcilorem (4) ceiling i'oici revenue 60 per cent ad wlorwft | (,) | joint-box ||------------|--------------|| cut-outs | || revenue | || 60 | || per | || cent | ad || fnjiorwft | |'7 all adler artidea not otherwise revarue specified 40 per cent ad f1glormt part illin the first schedule to the tariff act, after item no 82(4), the following item shall be inserted:-| "82(5) | adhesive ||--------------------|-------------|| tape | || an | || sorts, | || in- | || revenue | || eluding | || cellulose adhesive | || tape | || and | || paper-l-=ted | || ad- | || hesive | || tape | || 7s | || per | || cent | ad || fxilorem | |for the second schedule to the taritr act, the following shall be substituted, namely :- "the second schedule-export tariff| name | of | article ||-----------------------------------------|---------|------------------------------|| item | no | || rate | | || of | duty | || 1 | | || raw jute (including bimlipatam jute and | | || mesta | fibre)- | || (i) | | || cuttings | | || rs | | || 4' | so | || per bale | of | || 400 | | || ibs | | || (2) | | || all other descriptions | | || rs | 15 | || per bale | of | || 400 | | || lbs | | || 2 | | || jute manufactures (including | | || man~ | | || tures | of | bimlipatam jute || mesta | | || fibre), when not | in | || actual | | || use | | || as | cover- | || ings, | | || r~ptacles | | || or bindings, for other | | || goods- | | || (i) | | || sacking | | || (cloth, | | || bags, | | || twist, yam, | | || rope | | || and | twine) | || rs | | || 350 | | || per | | || ten | of | || 2240 | | || ibs | | || (ii) | | || hessians | | || rs 1,500 | | || per | ton | of || 22401bs | | || cii,) | | || all other descriptions | of | jute ma- || rs | | || 80 per ton | of | || nufactures | not | otherwise specified || 2240 | | || lbs | | || raw cotton | | || 3 | | || rs | | || 400 | | || per bale | of | || 400 | | || lbs | | || cotton waste (all sorts) | | || so | | || per cent | ad | || tl4- | | || lorem | | || rice, husked | or | unhusked, including rice || 20 | | || per cent | | || all | | || n- | | || flour | but | excluding rice bran and rice || lorem | | || dust | | |tea-when the price of tea :-(i) does not exceed rs 2' so per lb 25 naye paise per lb (ii) exceeds rs 2' 50 per lb but does 38 naye paise per lb not exceed rs 3' 25 per lb | item | no | name | of | article ||--------------------------------------|-------------|-------------------------|--------------|------------|| rate | | | | || of | duty | | | || (iij) | | | | || exceeds | | | | || rs | | | | || 3' | 25 | | | || per | | | | || lb | but | | | || so | | | | || naye paise | | | | || per | | | | || lb | | | | || does not | | | | || exceed | | | | || rs | | | | || 4'00 | | | | || per lb | | | | || (ill) | | | | || exceeds | | | | || rs | | | | || 4'00 | | | | || per | | | | || lb | but | does | | || 63 | | | | || naye paise | | | | || per | | | | || lb | | | | || not exceed | | | | || rs | | | | || 4 | '75 | | | || per lb | | | | || (ii) | | | | || exceeds | | | | || rs | | | | || 4'75 | | | | || per | | | | || lb | | | | || 75 | | | | || naye | | | | || paise | | | | || per | | | | || lb | | | | || 25 | | | | || per | | | | || cent | | | | || ad | lialorem | | | || &planation | :-' | | | || price | of | tea' means the | | || price which the central government | | | | || may, having regard to world prices | | | | || of | | | | || tea, | | | | || fix | | | | || for this purpose from time to | | | | || time by notification in the official | | | | || gazette | | | | || ooth- | | | | || 6 | | | | || ic | | | | || cloth" | means cloth | of | any descrip- | || tion manufactured either wholly | | | | || from cotton or partly from cotton | | | | || and partly from any other subs- | | | | || tance and containing not less than | | | | || ten | | | | || per | | | | || cent | of | cotton by weight, | | || but | does not | | | || inc1ud~ | | | | || (i) | | | | || cloth | of | hand loom manufacture ; | | || (if) | | | | || cloth in which the average count | | | | || of | | | | || yam, | | | | || determined | in | the | man- | || ner herein described, is | | | | || i7s | | | | || or | | | | || finer | | | | || &pltulllticm | :-(a) | | | || "count" | means count | | | || of | | | | || grey | | | | || yam; | | | | || (6) | | | | || for | the | purpose | of | de- || tennining | | | | || the | average | | | || count | | | | || of | yarn, | the | | || following rules shall | | | | || apply, | namely:- | | | |- (i) yam used in the borders or selvedges shall be ignored ; (ii) for multiple-fold yam, the count of the basic single yam shall be taken and the number of ends per inch in the reed or the number of picks per inch, as the case may be, 'shall be multiplied by the number of plies in the yarn ; | | item | no ||-----------------------------------------|----------------------|--------------|| name | of | article || rate | | || of | duty | || -----_ | | || | | || _-- | | || (ii) | | || the | average | count || shall | | || be | obtained by | || applying | | || the | follow- | || ing formula, name- | | || ly:- | | || cc | | || (count | of | warp || x | | || number | of | || ends | | || per | inch | in || reed) | | || +( | | || count | of | weft || x | | || number | of | picks || inch) | | || (number | of | || ends | | || per | | || inch | | || in | | || the- | | || reed) | | || +(number | | || of | picks | per || inch) | | || the | result being rounded | o'ff, || ever necessary, by treating any frac- | | || tion which | | || is | | || one-half | or | snore || as | | || one, | | || and | | || disregarding any frac- | | || tion | which | || is | | || less | | || than | | || one-half" | | || j | | || (iii) | | || furnishing | | || fabrics, hosiery, apparel, | | || blankets, bed-covers, towels, dus- | | || ters and napkins | | || 7 | | || manganese ore | | || | 25 | || per cent | | || ad | | || iia- | | || lorem | | || cigarettes, cigars and cheroots | | || 8 | | || is per cent | | || ad | | || iia- | | || lortim | | || mustard oil | | || 50 | | || naye paise per lb | | || - | | || groundnut oil | | || rs | | || 350 | | || per ton | of | || 2240 | | || lbs | | || 10 | | || (a) | | || iron | and | steel, other || than | | || sheets, the 45 | per | cent || ad | | || t:ia- | | || following | :- | || lor | | || ingots ; blooms ; billets ; tinbars | | || j | | || sheet | | || bars | | || and | slabs | || j | | || steel | | || castings; | | || heavy | strucrurals (in- | || cluding heavy sections | | || of | joists, | || channels and angles) ; light struc- | | || turals | | || (including light sections | of | || joists, channels, angles, tees and | | || light rails | | || qf | | || 30 | | || ibs and | under); | || tyres, wheels and axles ; shell steel | | || ingots, blooms, billets and bars ; | | || heavy rails (over | | || 30 | | || ibs) ; fish | | || plates | | || j | | || dog-spikes ; chair-spikes ; | | || screw-spikes ; tinplate ; terneplate ; | | || plates (ship-building); plates (ordi- | | || nary mild steel and tensile) ; plates | | || (bullet proof) ; bars (including flats, | | || squares, rounds, hexagons | and | || rods) ; bolts (including fish bolts) , | | |name of article rate of duty' ~----------------------~--------------~ item no nuts and rivets ; black or galvanised wire, whether plain or barbed ; wire nails ; wire (miscellaneous ) ; hoops and strips ; spring steel in any unfabricated or semi-fabricated form ; tool steel in any unfabricajed or semi-fabricated form ; steel pressure pipes; tubes and fittings, coated or uncoated, excluding electrical conduit pipes ; cast iron pressure pipes and specials ; pressure pipes made of any substance reinforced with iron and steelj and wire ropes 10 (b) iron and steel black sheets and galvanised 30 per cent ad fjalosheets (plain and corrugated) rem ii black pepper 30 per cent ad fjalorem 12 raw wool 30 per cent ad fjalorem 13 grouadnuts rs 300 per 2240 1bs ton of 14 oilseeds, not otherwise specified rs iso per ton of 2240 1bs is vegetable oils, not otherwise specified rs 300 per ton of 22401bs 16 mercury rs 300 per flask of 75 ibs 17 coffee rs 62· 50 per cwt 18 groundnut oilcake rs 230 per ton of 2240 ibs 19 de-oiled groundnut meal (solvent ex-ri 175 per ton of tracted variety containing less than of 2240 ibs i per cent oil) decorticated cotton seed oilcake ri 100 per tod of 2240 ibs 21 rs 50 per ton of 2240 ibs " all oilcakes other than the following, namely, groundnut, copra, mowha, tobacco seed, neem seed, and decorticated cotton seed oil· cakes statement of objects and reasonspending the consideration of the budget proposals for the financial year 1957-58, the finance act, 1957, provided for the continuance of the taxes on income and the duties of customs and excise at the 1956-57 rates with certain modifications the object of this bill is to give effect to the financial proposals of the central government for the financial year 1957-58 the notes on clauses explain the various provisions coiltained therein ! t t krishnamachari nmw di:lhi; the 15th may, 1957 cia:use 2 prescribes the rates of income-tax and super-tax for the bancial year 1957-58 in supersession of the rates prescribed by the finance act, 1957: (1) the rates which have so far been expressed in terms of annas and pies are, asa consequence of the introduction of decimal coinage expressed in terms of percentages (2) for individuals-(i) the taxable minimum has been lowered to ri 3,000, (ii) a decrease has been effected in the rates applicable to the lower slabs of income, (iii) a more even rate of progression has been achieved by the introduction of an intennediate slab between rs 10,000 and 15,000, (iv) the maximum rate of income-tax has been maintained at 25 per cent, but it will operate above the level of ri20,000, (v) the super-tax free slab has been kept at ri 20,000, but a comparatively more even rate of progression is maintained with slight lowering of the maximum rate-which is reached at a level ot ri 70,000 (vi) a basic surcharge of five per cent, an additional surcharge of five per cent on earned income which exceeds rupees one lakh and a further surcharge of fifteen per cent on unearned income have been introduced (3) for hindu undivided familiesthe taxable minimum has been lowered to rs 6,000 in the case of families with more than two adult members (3) for companies-(i) the basic rate of income-tax has been fixed at 30 per cent as against the existing rate of 25 per cent, (ii) effective rate of super-tax on indian companies has been raised to 20 per cent, ie, by about 3 per cent, (iii) on bonus issues the additional super tax has been raised from 121 per cent to 30 per cent, (iv) on excess distributions of dividends over the three levels of 6 per cent, 10 per cent and 18 per cent of the paid-up capital, the additional super-tax has been lowered from 12i per cent, 25 per cent, and 37i per cent to 10 per cent, 20 per cent and 30 per cent respectively, (v) the effective rate of super-tax on dividends received by principal companies from subsidiaries has been reduced from 171 per cent to 10 per cent, (vi) effective rate of super-tax on indian branches of foreign companies has been reduced from 36 per cent to 30 per cent clawe 3 inserts a new clause (xviib) to sub-section (3) of section 4 of the income-tax act and provides for the exemption of interest on $ecurities issued or other moneys borrowed outside india by the central or a state government or a local authority clause 4 amends sub-sections (2b) and (2c) of section 10 of the income-tax act, mainly with a view to clarifying the intention of government and removing some procedural difficulties which are likely to arise in the administration of the compulsory deposit scheme for companies clause 5 raises from one-fifth to one-fourth the limit upto which abatement is available for income-tax purposes on provident fund contributions and payment of life insurance premia the maximum amount on which the rebate is available, however, continues to be rs 8,000 as at present clame e prescribes the rate of tax for non-residents at ninete~n per cent instead of the existing equivalent of three annas in the rupee clause 7 amends section 23a of the income-tax act subsections (1) and (2) of section 23a have been recast by sub-clause (i) with a view to fixing for various categories of companies the percentages of available profits which they should distribute in order to avoid the extra rates of super-tax prescribed in section 23a the percentage is 45 per cent in the case of industrial companies in the case of non-industrial companies other than investment companies, the percentage is 60 per cent in general and 90 per cent in special circumstances where a company's activities are partly industrial and partly non-industrial, the percentage applicable is 45 per cent on industrial profits, and 60 per cent or 90 per cent as the case may be on non-industrial profits for investment companies the percentage is 100 per cent sub-clause (ii) deletes sub-sections (3), (4), (5), (6) and (7) which at present provide for representations by an industrial company to the commissioner of income-tax and the board of referees seeking exemption from the application of this section and the carry forward of excess distributions of preceding three years because a reduced percentage of 45 is now fixed for industrial companies other sub-clauses carry out some consequential changes clause 8 amends section 24 of the income tax act in order to secure that a 1068 shall not be carried forward for more than eight years clauses 9 and 10 replacing sections sse and 58f provide for the exclusion of employer's contributions to a recognised provident fund, upto a limit ot ten per cent of salary, from the total income of the employee interest, subject to certain limits, on accumulated balances is already· excluded clause 11 is a formal provision relating to the time from which the amendments take effect clauie 12-bub-clause (1), read with parts i, ii and til of the second schedule, proposes certain changes in import duties these are intended mainly to rationalise the tariff rates, for example, by merging the existing 'additional duties' which have been a recurring feature of the finance act for several years or by rounding off fractional rates certain increases in import duties-mostly on what may be called luxury items-have also been proposed part iv of the second schedule seeks to substitute the! schedule of export duties by a fresh schedule for the purpose of removing a mistake in the column-wise arrangement of the entries in the schedule no changes in the duties have been proposed except for conversion of the rates of, duty in terms of decimal coinage sub-clause (2) seeks to clarify the meaning of the expression "plus the excise duty for the time being leviable on like articles if produced or manufactured in india", which occurs in several places clause 13-sub-clause (a) proposes an increase of the excise duty on kerosene sub-clause (b) proposes an increase of the excise duty on ma~ches sub-claule (c) proposes an increase of the excise duty on motor spirit fromrs 0-15-9 (inclusive of surcharse) 'per imperial gallon to rs 1·25 per imperial gallon sub-clause (d) proposes an increase of the excise duty on steel ingots from ri 4-0-0 per ton to ri 40·00 per ton sub-clause (e) proposes an increase of the excise duty od sular from ri 5-10-0 per cwt to rs 11·25 per cwt sub-clause (f) seeks to amend sub-items i (5) and i (6) of item no9 relating to unmanufactured tobacco, other than hue cured it also proposes certain changes in the rates of excise duty on other than hue cured tobacco sub-clause (g) proposes an increase of the excise duty on coffee from rs 0-3-0 per lb to thirty-five naye paise per lb sub-clause (h) proposes alterations in the excise duty on all categories of tea sub-clause (i) proposes an increase of the excise duty on cement from rs 5-0-0 per ton to rs 20·00 per ton sub-clause (j) seeks to rearrange the existing tariff and also proposes certl!in changes in the excise duty on all categories of paper sub-clause (k) proposes an increase of the excise duty on vegetable non-essential oils from rs 70-0-0 per ton to rs 112·00 per ton sub-clause (1) proposes an increase of the excise duty on refined diesel oils and vaporising oil· f·rom rs 0-4-0 per imperial gallon to forty naye paise per imperial gallon sub-clause (m) proposes an increase of the excise duty on diesel oil, not otherwise specified, from rs 30 per ton to rs 40·00 per ton clause 14-ltem (i) is a formal amendment intended to bring the schedule into line with the classification adopted with respect to letter cards in the rules under sections 7 and 8 of the act item (ii) seeks to increase the rate of postage on postcards under the various categories from 3, 6, 5 and 10 naye paise to 4, 8, 6 and 12 naye paise respectively item (iii) seeks to increase the rate of postage on the first five tolas in the first entry under book, pattern and sample packs from 6 naye paise to 8 naye paise item (iv) seeks to increase the parcel postage rate on the first forty tolas f,rom 50 naye paise to 60 naye paise clause 15-sub-clause (1) repeals all existing additional duties of customs and excise specified in sections 31 and 37 of, read ~ith the third and the fourth schedules to, the finance act, 1956 as continued in force by the finance act, 1957 these additional duties have now been merged in the basic duties sub-clause (2) repeals the provisions of the finance act, 1957, relating to income-tax and super-tax retrospectively as the rates will now be regulated by this bill billto give effect to the financial proposals of the central government for the financial year 1957-58 the president has, in pursuance of clauses (1) and (3) of article ii7 and clause (1) of article 274 of the constitution of india, recommended to the lok sabha, the introduction and consideration of the bill m n kaul, secretarjl (shri t t krishnamachari, minister of finance)

Parliament_bills

2a38fcea-907e-59ea-9fcd-61be5823a0cc

bill no 79 of 2010 the displaced farmers (rehabilitation and other facilities) bill, 2010 byshri hansraj gangaram ahir, mpa billto provide for rehabilitation of farmers who are displaced as a result of acquisition of their land for setting up of industrial units, sharing by such farmers in the profits made by industrial units and for matters connected therewithbe it enacted by parliament in the sixy-first year of the republic of india as follows:—1 (1) this act may be called the displaced farmers (rehabilitation and other facilities)act, 20105(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "farmer" means a person whose agricultural land is acquired by the appropriate government for establishing any industrial unit, by whatever name called; and(c) "prescribed" means prescribed by rules made under this act103 (1) the appropriate government shall prepare a comprehensive plan for the rehabilitation of farmers displaced as a result of acquisition of their agriculture land for setting up of any industrial unitcomprehensive rehabilitation plan for farmers(2) the rehabilitation plan under sub-section (1) shall include provisions of housing, adequate compensation, employment to one member of the family of a farmer in the industrial unit, agricultural land at a new site and such other facilities to the farmers, as the appropriate government may deem necessary154 (1) there shall be paid to every farmer, such share of profits of the quarterly net profits of the industrial unit, as may be prescribed(2) for the purpose of sub-section (1), the management of industrial unit shall—(a) maintain true accounts and publish them quarterly; and payment of share of profits to farmers out of the profits of industrial unit(b) deposit the share of every farmer in the profits of the industrial unit in the bank accounts of farmers before the tenth day of the month following each quarter20(3) it shall be the responsibility of the appropriate government to ensure implementation and monitoring of delivery by the management of the industrial units to the farmers of the share of their profits from the profits of the industrial units5 (1) any farmer aggrieved by the violation of any of the provisions of this act may file a complaint in writing with such authority, as the appropriate government may designate25procedure regarding filing of complaint, etc(2) the designated authority, either on his own or on a complaint filed under subsection (1), shall cause an enquiry to be made in such manner, as may be prescribed(3) where the inquiry under sub-section (2) is made on a complaint filed under subsection (1), the inquiry shall be completed within one month of the making of the complaint30(4) on completion of inquiry, the designated authority may order such action as may be appropriate and necessary to fulfil the objectives of this act:provided that where the management of an industrial unit fails to comply with theorders of the designated authority, the designated authority may impose such fine, not less than rupees ten lakh, on the management, as it may deem fit35overriding effect of the act6 the provisions of this act and the rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act40 45(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 the 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 statement of objects and reasonsagriculture is a prominent sector of indian economy about two-thirds population of the country is dependent on agriculture for their livelihood usually, land is the only resource for a farmer the loss of this asset adversely affects the livelihood of a farmer due to poor compensation and lack of proper rehabilitation, the living conditions of farmers deteriorate and ultimately they fall in debt trap in many cases, after displacement, they have to move to cities and live in miserable conditions at the same time, the industrial units and projects, which are established on the land acquired from farmers at cheap rates, earn a huge profit due to favourable economic policies of the government thus, it is necessary that proper provisions are enacted for compensation, rehabilitation, employment and sharing by farmers in the profits made by such industrial projects so that livelihood of farmers is not jeopardized and their conditions do not become pitiable it must also be ensured that the interests of farmers are protected while moving ahead on the path of economic development of the country they should become a partner in the economic growth and the growth should also reach themhence this billnew delhi;hansraj gangaram ahirjuly 10, 2010 financial memorandumclause 3 of the bill provides for comprehensive plan for rehabilitation of farmers displaced as a result of acquisition of their agricultural land as regards the expenditure involved in giving effect to the provisions of the bill in the states, it shall be borne out of the consolidated funds of the respective states however, in case of union territories, the expenditure shall be met out of the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred crore per annuma non-recurring expenditure of rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail onlythe delegation of legislative power is, therefore, of a normal character———— a billto provide for rehabilitation of farmers who are displaced as a result of acquisition of theirland for setting up of industrial units, sharing by such farmers in the profits made byindustrial units and for matters connected therewith————(shri hansraj gangaram ahir, mp)gmgipmrnd—3100ls(s3)—03-08-2010

Parliament_bills

ce11e4eb-7bff-5ca3-824b-320e96dd4873

bill no 83 of 2015 the appropriation bill, 2015 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2014-15 be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the appropriation act, 20152 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of thirty six thousand nine hundred fifty two crore and eighty six lakh rupees only towards defraying the several charges which will come in course of payment during the financial year 2014-15 in respect of the services specified in column 2 of the scheduleissue of rs36952,86,00,000 out of the consolidated fund of india for the financial year 2014-15appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund rs rs rs1department of agriculture and cooperation revenue4,00,000 4,00,000capital1,00,000 1,00,0002department of agricultural research and educationrevenue3,00,000 3,00,0003department of animal husbandry, dairying and fisheriesrevenue2,00,000 2,00,000capital1,00,000 1,00,0004atomic energy revenue3,00,000 3,00,000capital3,00,000 3,00,0009ministry of civil aviation revenue54,26,00,000 54,26,00,00010ministry of coal revenue1,00,000 1,00,00011department of commerce revenue2,00,000 2,00,00012department of industrial policy and promotion revenue12,61,00,000 12,61,00,00013department of postsrevenue344,66,00,00021,00,000344,87,00,00014department of telecommunications revenue2,00,000 2,00,000capital1,00,000 1,00,00015department of electronics and information technologyrevenue1,00,000 1,00,00017department of food and public distribution revenue8386,10,00,000 8386,10,00,00019ministry of culturerevenue2,00,000 2,00,00020ministry of defence revenue314,03,00,00058,00,000314,61,00,000capital 6,73,00,0006,73,00,00021defence pensions revenue 9,30,00,0009,30,00,00022defence services - army revenue5340,47,00,000336,00,00,0005676,47,00,00023defence services - navyrevenue350,37,00,0009,63,00,000360,00,00,00024defence services - air force revenue1925,43,00,00053,59,00,0001979,02,00,00025defence ordnance factories revenue1,00,000 1,00,00026defence services - research and development revenue320,03,00,000 320,03,00,00027capital outlay on defence services capital1,00,0001,00,0002,00,00031ministry of environment and forests revenue1,00,000 1,00,00032ministry of external affairs revenue1,00,000 1,00,00033department of economic affairsrevenue433,33,00,000 433,33,00,00034department of financial services revenue3559,15,00,000 3559,15,00,000capital1,00,000 1,00,00037loans to government servants, etc capital1,00,000 1,00,00040pensionsrevenue687,00,00,00035,00,00,000722,00,00,00041indian audit and accounts department revenue 5,83,00,0005,83,00,00042department of revenue revenue11033,03,00,000 11033,03,00,00043direct taxes capital1,00,000 1,00,00044indirect taxes capital1,00,000 1,00,00046ministry of food processing industries revenue2,00,000 2,00,00047department of health and family welfare revenue4,00,000 4,00,000capital1,00,000 1,00,00048department of ayurveda, yoga and naturopathy, unani, siddha and homoeopathy (ayush) revenue4,00,000 4,00,00051department of heavy industry revenue57,30,00,000 57,30,00,000capital1,00,0001,00,00053ministry of home affairs revenue1,00,000 1,00,00054cabinet revenue25,01,00,000 25,01,00,00055police revenue1011,87,00,000 1011,87,00,000capital1,00,000 1,00,00056other expenditure of the ministry of home affairsrevenue1,00,000 1,00,00058ministry of housing and urban poverty alleviationrevenue3,00,000 3,00,00059department of school education and literacy revenue2,00,000 2,00,000| 1 | 2 | 3 ||-----------------------|---------------------------------------------------------------|-----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 60 | department of higher education | revenue || 61 | ministry of information and broadcasting | revenue || capital | 3,21,00,000 | || 62 | ministry of labour and employment | revenue || 63 | election commission | revenue || c | | || harged | | || — | supreme court of india | revenue || 66 | ministry of micro, small and medium enterprises | revenue || 67 | ministry of mines | revenue || 68 | ministry of minority affairs | revenue || 73 | ministry of personnel, public grievances and pensions revenue | 4,74,00,000 || c | | || harged | | || — | central vigilance commission | revenue || 75 | ministry of petroleum and natural gas | revenue || capital | 2399,00,00,000 | 2399,00,00,000 || 76 | ministry of planning | revenue || 77 | ministry of power | revenue || capital | 1,00,000 | || c | | || harged | | || — | staff, household and allowances of | || the president | revenue | || 80 | rajya sabha | revenue || c | | || harged | | || — | union public service commission | revenue || 83 | ministry of road transport and highways | revenue || 86 | department of science and technology | revenue || 87 | department of scientific and industrial research | revenue || 88 | department of biotechnology | revenue || 89 | ministry of shipping | revenue || 90 | ministry of social justice and empowerment | revenue || 91 | department of disability affairs | revenue || 92 | department of space | capital || 93 | ministry of statistics and programme implementation | revenue || 94 | ministry of steel | revenue || 95 | ministry of textiles | revenue || 96 | ministry of tourism | revenue || capital | 10,80,00,000 | || 97 | ministry of tribal affairs | revenue || 98 | andaman and nicobar islands | revenue || capital | 4,00,000 | || 99 | chandigarh | revenue || capital | 1,00,000 | || 101 | daman and diu | capital || 102 | lakshadweep | revenue || 103 | department of urban development | revenue || 106 | ministry of water resources | revenue || t | | || otal | | || 36454,00,00,000 | 498,86,00,000 | 36952,86,00,000 || rs | rs | rs ||--------------------|---------------------|---------------| statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 2014-15arun jaitley ———— president's recommendation under article 117 of the constitution of india————[copy of letter no 4(1)-b(sd)/2015 from shri arun jaitley, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2014-2015, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation bill, 2015 in lok sabha and also the consideration of the bill lok sabha—————— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2014-15————(shri arun jaitley, minister of finance)

Parliament_bills

b3ed136a-7cb1-5201-a0e2-e9bfb5a04c2b

bill, 2017—————— arrangement of clauses—————— clauses chapter i preliminary1 short title and commencement 2 declaration of footwear design and development institute as an institution of nationalimportance3 definitions chapter ii the institute4 establishment of institute 5 vesting of properties 6 effect of incorporation of institute7 functions of institute 8 powers of governing council 9 institute be open to all races, creeds and classes10 teaching at institute 11 visitor 12 authorities of institute 13 the senate 14 functions of senate 15 functions, powers and duties of chairperson 16 managing director 17 secretary 18 executive director 19 power and duties of other authorities and officers 20 grants by central government clauses21 funds of institute 22 setting up of endowment fund 23 accounts and audit 24 pension and provident fund 25 appointment 26 statutes 27 statutes how made 28 ordinances 29 ordinance how made 30 tribunal of arbitration chapter iii miscellaneous31 act and proceedings not to be invalidated by vacancies 32 sponsored schemes 33 power of institute to grant degree, etc 34 institute to be public authority under the right to information act, 2005 35 power of central government to make rules 36 returns and information to be provided to central government 37 transitional provisions 38 statute and ordinance to be published in the official gazette andto be laid before parliament39 power to remove difficultiesthe schedule bill no 45 of 2017 the footwear design and development institute bill, 2017 a billto establish and declare the footwear design and development institute as an institution of national importance for the promotion and development of quality and excellence in education, research and training in all disciplines relating to footwear and leather products design and development and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminaryin the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference to the commencement in any such provision of this act shall be construed as a reference to the commencement of that provision2 whereas the objects of the institution known as the footwear design and development institute, are such as to make it the institution of national importance, it is hereby declared that the footwear design and development institute is an institution of national importancedeclaration of footwear design and development institute as an institution of national importance definitions53 in this act, unless the context otherwise requires,—(a) "chairperson" means the chairperson of the institute nominated under clause (a) of sub-section (3) of section 4;10(b) "design" means a rational, logical and sequential innovation process for the purposes of transferring culture to viable products and services in footwear and leather products, including fashion and retail thereof and for providing a competitive edge to products and services;15(c) "development" means the systematic use of scientific and technical knowledge to meet specific objective or requirements and includes an extension of the theoretical or practical aspects of concepts, design, discovery and invention including business thereof;(d) "executive director" means the executive director of the institute campus appointed under section 18;(e) "fund" means the fund of the institute to be maintained under section 21;20(f) "governing council" means the governing council of the institute constituted under sub-section (3) of section 4;(g) "institute" means the footwear design and development institute established under sub-section (1) of section 4;(h) "institute campus" means an institute campus specified in the schedule;25(i) "leather products" includes a product made of leather or any other material or combination thereof;(j) "managing director" means the managing director of the institute appointed under section 16;(k) "member" means a member of the governing council and includes the chairperson;30(l) "notification" means a notification published in the official gazette; (m) "prescribed" means prescribed by rules made under this act; (n) "schedule" means the schedule appended to this act; (o) "secretary" means the secretary of the institute appointed under section 17;(p) "senate" means the senate of the institute referred to in section 13;35 21 of 1860(q) "society" means the footwear design and development institute registered under the societies registration act, 1860;(r) "statutes" and "ordinances" mean respectively the statutes and the ordinances of the institute made under this act chapter ii the instituteestablishment of institute4 (1) on and from the date of commencement of this act, the footwear design and development institute shall be established as a body corporate by the name aforesaid5(2) the institute shall have perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued(3) the institute shall consist of a governing council having the following members, namely:—10(a) a chairperson, who shall be an eminent academician, scientist, or industrialistfrom leather sector, to be nominated by the central government;(b) the managing director, ex officio;(c) the joint secretary in the ministry or department in the government of indiadealing with footwear design and development institute, ex officio;15(d) the joint secretary in the ministry or department in the government of indiadealing with the leather, retail or fashion sector, ex officio;(e) the director finance of the ministry or the department in the government ofindia dealing with footwear design and development institute, ex officio;20(f) a representative of ministry or department in the government of indiadealing with skill development and entrepreneurship, ex officio;25(g) four professionals or industrialists to represent the council for leather exports, the indian leather garments association, the indian footwear components manufacturers association, and the confederation of indian industry national committee on leather, footwear and leather products, to be nominated by the central government; and(h) one person each from the national institute of fashion technology, national institute of design, the central leather research institute, the indian institute of technology and the indian institute of management, to be nominated by the central government30(4) the term of office of the chairperson and other members, other than ex officio members thereof, shall be three years and they shall be entitled for such allowances as may be determined by the central government(5) the term of office of the members nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated35(6) the governing council shall meet at least two times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by the governing council(7) save as otherwise provided in this section, the term of office of an ex officiomember shall continue as long as he holds the office by virtue of which he is a member40vesting ofproperties5 on and from the date of commencement of this act, subject to the other provisionsof this act, all properties which had vested in the society, immediately before the commencement of this act, shall on and from such commencement, vest in the institute6 on and from the date of commencement of this act,—effect ofincorporation of institute(a) any reference to the society in any contract or other instrument shall bedeemed as a reference to the institute;45(b) all the rights and liabilities of the society shall be transferred to, and be the rights and liabilities of, the institute;5(c) every person employed by the society, immediately before the appointed day, shall hold office or service in the institute by 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 this act had not been passed, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the statutes:1015provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the institute 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 institute of compensation equivalent to three months' remuneration in the case of permanent employee and one month's remuneration in the case of other employee;20(d) every person pursuing, before the date of commencement of this act, any academic or research course in existing institute campus, shall be deemed to have migrated and registered with the corresponding institute campus on such commencement at the same level of study in the institute campus from which such person migrated; and(e) all suits and other legal proceedings instituted or which could have been instituted by or against the society, immediately before the commencement of this act shall be continued or instituted by or against the institute7 the functions of the institute shall be—functions of institute25(i) to nurture and promote quality and excellence in education and research inthe areas of footwear and leather products design and development and allied fields thereof;(ii) develop and conduct courses leading to graduate and post-graduatedegrees, doctoral and post-doctoral courses and research in the areas of footwear and leather products design and development and allied fields thereof;30(iii) to hold examinations and grant degrees, diplomas, certificates, or any otherqualification;(iv) to institute fellowships, scholarships and confer awards, honorary degreesor other academic distinctions or titles;35(v) to co-operate, associate and collaborate with educational or otherinstitutions, research organisations or bodies corporate in any part of the world having objects wholly or partly similar to those of the institute by exchange of faculty members, students, staff and scholars and generally in such manner as may be conducive to their common objective;40(vi) to conduct courses for teachers, technologists and other professionals inthe areas of footwear and leather products design and development and allied fields thereof;(vii) to undertake research, survey, and studies and application thereof, forimproved quality and design, testing, and international marketing;45(viii) to provide consultancy, testing, inspection, certification, projectimplementation and design support to the institutions and industries in any part of the world;(ix) to develop an international centre for creation and transmission ofinformation, with focus on educational, professional and industrial commitments;(x) to conduct skill development programs and to provide technical assistanceto artisans, craftsmen, manufacturers, designers and exporters;5(xi) to design, develop, amend, update curriculums of the academic programsand training materials as per the sector's requirement and change of technology;(xii) to acquire any patent or license relating to such invention, improvement ordesign or standardisation marks whether for general or specific purposes;10(xiii) to establish, form and maintain museums, libraries and collections ofliterature and films, slides, photographs, prototypes and other information;(xiv) to function as a national resource centre for curriculum development,training the trainers and support skill development in the leather sector overall;(xv) to frame the statutes and the ordinances and to alter, modify or rescind thesame; and15(xvi) to do all such things as may be necessary, incidental or conducive to theattainment of all or any of the objects of the institutepowers of governing council208 (1) subject to the provisions of this act, the governing council, under overall control of the central government, shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate(2) without prejudice to the provisions of sub-section (1), the governing council shall—25(a) take decisions on questions of policy relating to the administration andworking of the institute;(b) institute academic and other posts and to make appointments thereto (exceptin the case of the managing director, secretary and executive director);(c) frame the statutes and the ordinances and to alter, modify or rescindthe same;30(d) consider and pass resolutions on the annual report, the annual auditedaccounts and the budget estimates of the institute for the next financial year as it thinks fit together with a statement of its development plans;35(e) receive gifts, grants, donations or benefactions from the government and toreceive bequests, donations and transfers of movable or immovable properties from the testators, donors or transferors, as the case may be; and(f) do all such things as may be necessary, incidental or conducive to theattainment of all or any of the aforesaid powers40(3) the governing council shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this act(4) notwithstanding anything contained in sub-section (2) of section 4, the governing council shall not dispose of in any manner any immovable property without the prior approval of the central government(5) the central government may appoint one or more persons to review the work and progress of the institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the central government may direct5(6) upon receipt of any such report, the central government may take such action and issue such directions as it considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions(7) the central government shall have the power to remove chairperson or other members or reconstitute the governing council, if it considers it appropriate to do so(8) no chairperson or member shall be removed under sub-section (7) unless he has been given a reasonable opportunity of being heard in the matter10institute beopen to allraces, creedsand classes9 (1) the institute shall be open to persons of all sex and of whatever race, creed,caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever15(2) no bequest, donation or transfer of any property shall be accepted by the institute,which in the opinion of the governing council involves conditions or obligations opposed to the spirit and object of this sectionteaching atinstitute10 all teaching at the campuses of the institute shall be conducted by or in the nameof the institute in accordance with the statutes and the ordinances made in this behalfvisitor11 the president of india shall be the visitor of the institute2012 the following shall be the authorities of the institute, namely:—authorities of institute(a) a governing council; (b) a senate; and (c) such other authorities as may be declared by the statutes to be the authoritiesof the institutethe senate2513 the senate of the institute shall consist of the following persons, namely:—(a) the managing director, ex officio who shall be the chairperson of the senate; (b) the secretary, ex officio;(c) the executive directors of all institute campus, ex officio;(d) all senior professors of the institute;30(e) three persons, not being employees of the institute, to be nominated by thechairperson in consultation with the managing director, from amongst educationists of repute, from the fields of footwear, science, engineering and humanities and one of them shall be woman;35(f) one alumnus of the institute to be nominated by the chairperson inconsultation with the managing director by rotation; and(g) such other members of the staff as may be laid down in the statutesfunctions of senate4014 (1) subject to the provisions of this act, the statutes and the ordinances, thesenate of the institute shall be the principal academic body of the institute and shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examinations in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes(2) without prejudice to the provisions of sub-section (1), the senate shall have the following powers, namely:—(a) to specify the criteria and process for admission to courses or programmesof study by the institute;45(b) to recommend to the governing council for creation of teaching and other academic posts, determination of number and emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts;5(c) to recommend to the governing council for commencement of newprogrammes and course of study;(d) to specify academic contents of programmes and course of study and toundertake modifications therein;(e) to specify the academic calendar and approve grant of degrees, diplomasand other academic distinctions or titles; and10(f) to exercise such other powers and discharge such other functions as may beassigned to it, by statutes or by the governing council15 (1) the chairperson shall ordinarily preside at the meetings of the governing council and at the convocations of the institutefunctions, powers and duties of chairperson15(2) the chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes(3)the chairperson shall have the authority to review periodically the work and progress of the institute and to order enquiries into the affairs of the institutemanaging director2016 (1) the managing director of the institute shall be appointed by the central government for a tenure of five years and on such terms and conditions of services as may be prescribed(2) the managing director shall be the principal executive officer of the institute and shall be responsible for the proper administration of the institute and for imparting of instruction and maintenance of discipline therein25(3) the managing director shall exercise such other powers and perform such other duties as may be assigned to him by this act, the statutes and the ordinances or delegated by the governing council or the senate(4) the managing director shall submit annual reports and accounts to the governing council30(5) the central government shall have the power to remove the managing director before the tenure of five years, if it considers it appropriate to do so on the grounds of misconduct or incapacity after giving him an opportunity of being heard in the matter(6) the managing director shall be responsible for the implementation of the decision of the governing council and the senatesecretary3517 (1) the secretary of the institute shall be appointed by the central government for a tenure of five years and on such terms and conditions of service as may be prescribed(2) the secretary shall act as the secretary of the governing council, the senate and such committees as may be specified by the statutes(3) the secretary shall be responsible to the managing director for the proper discharge of his functions40(4) the secretary shall exercise such other powers and perform such other duties asmay be assigned to him by this act or the statutes or the managing directorexecutive director4518 (1) the executive director of each institute campus shall be appointed by the central government for a tenure of five years and on such terms and conditions as may be prescribed and shall exercise such powers and perform such duties as may be assigned to him by this act or the statutes or by the managing director(2) the executive director shall be the principal academic and executive officer of the institute campus and shall be responsible for the implementation of the decision of the governing council and the senate and the day-to-day administration of the institute campus in consultation with the managing director519 the powers and duties of authorities and officers, other than those hereinbefore mentioned, shall be determined by the statutes| power | and ||------------------------------------------------------------------------------------------------|-------|| duties of other | || authorities and | || officers | || grants | by || central | || government | || 10 | || 20 | || for the purpose of enabling the institute to discharge its functions efficiently | || under this act, the central government may, after due appropriation made by parliament by | || law in this behalf, pay to the institute in each financial year such sums of money and in such | || manner as it may think fit | |21 (1) the institute shall maintain a fund to which shall be credited—| funds ||-----------------------------------------------------------------------------------|| institute || ( || a || ) all moneys provided by the central government; || ( || b || ) all fees and other charges received by the institute; || 15 || ( || c || ) all moneys received by the institute by way of loans, grants, gifts, donations, || benefactions, bequests or transfers; and || ( || d || ) all moneys received by the institute in any other manner or from any other || source |(2) all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the governing council decide20(3) the fund shall be applied towards meeting the expenses of the institute, including expenses incurred in the exercise of its powers and discharge of its duties under this act22 notwithstanding anything contained in section 21, the central government may direct the institute to—setting up of endowment fund(a) set-up an endowment fund and any other fund for specified purpose; and25(b) transfer money from its fund to endowment fund or any other fundaccounts and audit23 (1) the institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts, including the balance sheet, in such form as maybe specified, in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditor-general of india30(2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india35(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the institute 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 demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the institute40(4) the accounts of the institute as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliamentpension and provident fund24 (1) the institute shall constitute, for the benefit of its employees, including the managing director in such manner and subject to such conditions as may be specified by the statutes, such pension, insurance and provident funds as it may consider necessary519 of 1925(2) where any such provident fund has been so constituted, the central government may declare that the provisions of the provident funds act, 1925 shall apply to such fund as if it were a government provident fundappointment25 all appointments of the staff of the institute, except that of the managing director, secretary and executive director shall be made in accordance with the procedure laid down in the statutes by—10(a) the governing council, if the appointment is made on the academic staff inthe post of assistant professor or above or if the appointment is made on the nonacademic staff in any cadre, the maximum of the pay scale for which is the same or higher than that of assistant professor; and(b) the managing director, in any other casestatutes1526 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) the formation of departments of teaching, centre of research, establishmentof workshops, laboratories, studios;(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;20(c) the classification, term of office, qualification, the method of appointmentand the determination of the terms and conditions of service of officers, teachers and other staff of the institute;(d) the reservation of posts for the scheduled castes, the scheduled tribes andother backward categories of person as may be determined by the central government;25(e) the constitution of pension, insurance and provident funds for the benefitof the officers, teachers and other staff of the institute;(f) the constitution, powers and duties of the authorities of the institute; (g) the manner of filling up of vacancies among members of the governingcouncil;30(h) the authentication of the orders and decisions of the governing council; (i) the meetings of the governing council, senate or any committee, the quorumat such meetings and the procedure to be followed in the conduct of their business;(j) conferment of honorary degree; (k) the establishment and maintenance of halls and hostels;35(l) the conditions of residence of students of the institute and the levying ofthe fees for residence in the halls and hostels and other charges; and(m) any other matter which by this act is to be or may be specified by the statutesstatutes how made4027 (1) the first statutes of the institute shall be framed by the governing council with the previous approval of the visitor and shall be laid as soon as may be before each house of parliament(2) the governing council may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter in this section provided (3) every new statute or addition to the statute or any amendment or repeal of a statute shall require the previous approval of the visitor who may remit it to the governing council for consideration5(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitorordinances28 subject to the provisions of this act and the statutes, the ordinances of theinstitute may provide for all or any of the following matters, namely:—(a) the admission of the students to the institute;10(b) the reservation for the scheduled castes, the scheduled tribes and otherbackward categories of persons;(c) the courses of study to be laid down for all degrees, diplomas and certificatesof the institute;15(d) the conditions under which students shall be admitted to the degree, diplomaand certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates;(e) the conditions for award of fellowships, scholarships, exhibitions, medalsand prizes;(f) the conditions and mode of appointment and duties of examining body,examiners and moderators;(g) the conduct of examinations;20(h) the maintenance of discipline among the students of the institute; (i) the fees to be charged for courses of study in the institute and for admissionto the examinations of degrees, diplomas and certificates of the institute; and25(j) any other matter which by this act or the statutes is to be or may be providedfor by the ordinancesordinance how made29 (1) save as otherwise provided in this section, ordinances shall be made by thesenate30(2) all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the governing council and shall be considered by the governing council at its next succeeding meeting(3) the governing council shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may betribunal of arbitration3530 (1) any dispute arising out of a contract between the institute and any of itsemployees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee and an umpire appointed by the visitor(2) the decision of the tribunal of arbitration shall be final and shall not be questionedin any court40(3) no suit or proceeding shall lie in any court in respect of any matter which is requiredby sub-section (1) to be referred to the tribunal of arbitration(4) the tribunal of arbitration shall have power to regulate its own procedure (5) nothing in any law for the time being in force relating to arbitration shall apply toarbitration under this section chapter iii miscellaneous31 no act of the institute or governing council or senate or any other body set-up under this act or the statutes, shall be invalid merely by reason of—5(a) any vacancy in, or defect in the constitution thereof; oract and proceedings not to be invalidated by vacancies(b) any defect in the election, nomination or appointment of a person acting as amember thereof; or(c) any irregularity in its procedure not affecting the merits of the casesponsored schemes1032 notwithstanding anything contained in this act, whenever the institute receivesfunds from any government, the university grants commission or any other agency, including industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a chaired professorship or a scholarship, etc, to be executed or endowed at the institute—(a) the amount received shall be kept by the institute separately from the fundof the institute and utilised only for the purpose of the scheme; and15(b) the staff required to execute the same shall be recruited in accordance withthe terms and conditions stipulated by the sponsoring organisations:provided that any money remaining unutilised shall be transferred to the endowment fund created under section 22 of this act20power of institute to grant degree, etc33 the institute shall have the power to grant degrees, diplomas, certificates and otheracademic distinctions under this act, which shall be equivalent to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any university or institute established or incorporated under any other law for the time being in force22 of 20052534 the provisions of the right to information act, 2005 shall apply to the institute, asif it were a public authority as defined in clause (h) of section 2 of the right to informationact, 2005institute to be public authority under the right to information act, 200535 (1) the central government may, by notification, make rules to carry out the purposes of this actpower of central government to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—30(a) the manner of appointment of the managing director, secretary and executivedirector and terms and conditions of his services;(b) the terms and conditions of service of the managing director, secretary andthe executive director under sub-section (1) of section 16, sub-section (1) of section17 and sub-section (1) of section 18;35(c) the form and manner in which the books of account of the institute shall bemaintained under sub-section (1) of section 23;(d) any other matter which is required to be, or may be, prescribed40(3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule536 the institute shall furnish to the central government such returns or other information with respect to policies or activities as the central government may, for the purpose of reporting to parliament or for the making of policy, from time to time, requirereturns and information to be provided to central government37 notwithstanding anything contained in this act—transitional provisions10(a) the governing council of the society functioning as such, immediately before the commencement of this act shall continue to so function until a new governing council is constituted for the institute under this act, but on the constitution of a new governing council under this act the members of the governing council holding office before such constitution shall cease to hold office;15(b) until the first statutes and the ordinances are made under this act, the rules and regulations, instructions and guidelines of the society as in force, immediately before the commencement of this act, shall continue to apply to the institute in sofar as they are not inconsistent with the provisions of this act; and20(c) any student who joined classes of the existing institute on or after the academic year 2012-2013 or completed the course on or after the academic year 2013-2014 shall for the purposes of clause (iii) of section 7, be deemed to have pursued a course of study in the existing institute if such student has not already been awarded degree or diploma for the same course of study38 (1) every statute or ordinance made under this act shall be published in the official gazette25statute and ordinance to be published in the official gazette and to be laid before parliament30(2) every statute or ordinance 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 or ordinance or both houses agree that the statute or ordinance should not be made, the statute or ordinance 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 statute or ordinance35(3) the power to make statutes or ordinances shall include the power to give retrospective effect with the approval of the central government from a date not earlier than the date of commencement of this act to statutes or ordinances or any of them but no retrospective effect shall be given to any statute or ordinance so as to prejudicially affect the interests of any person to whom such statutes or ordinances may be applicablepower to remove difficulties4039 (1) lf any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provision or give such direction not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of two years from the dateof commencment 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 the schedule[see section 3(h)] institute campuses| sl | name of the | name and address of the existing institute campus ||------------------------------------------------------|----------------|------------------------------------------------------|| no | state | and its location || (1) | (2) | (3) || 1 | uttar pradesh | footwear design and development institute, a-10/a, || sector-24, noida, gautam budh nagar, pin-201301 | | || 2 | tamil nadu | footwear design and development institute, plot || no: e-1, sipcot industrial park, irrungattukotai, | | || kancheepuram | | || 3 | west bengal | footwear design and development institute, kolkata || leather complex, mouzakariadanga, jl no-32 and | | || gangapur, jl no-35, kolkata | | || 4 | haryana | footwear design and development institute, || plot no- 1, sector-31 b, imt rohtak | | || 5 | rajasthan | footwear design and development institute,village || mandor, tehsil jodhpur, district- jodhpur | | || 6 | uttar pradesh | footwear design and development institute, sultanpur || road, fursatganj, raebareli, pin-229302 | | || 7 | madhya pradesh | footwear design and development institute, corner || plot, khasara no:31, nagpur-batil road, immlikhera | | || chowk, chhindwara | | || 8 | madhya pradesh | footwear design and development institute,gram || maharajpura panchayat, hari pur, phawa no-42, survey | | || no571/158, 61/1/1/1 on gram puraposar road, guna | | || 9 | bihar | footwear design and development institute, plot no || p-6, megha industrial area, moza dumri, arra road, | | || patna | | || 10 | telengana | footwear design and development institute, lidcap || campus, hs durga, gachibowli, bidar-hyderabad road, | | || hyderabad | | || 11 | gujarat | footwear design and development institute, plot no || h-3301, near esic hospital, ankleshwar industrial | | || estate, ankleshwar | | || 12 | punjab | footwear design and development institute, district || sas nagar (mohali), chandigarh-patiala highway, | | || chandigarh | | | statement of objects and reasonsthe footwear design and development institute was established in 1986 with the objective of providing skilled human resource to the leather sector2 the footwear, leather and retail sector in india has been growing both in terms of value and volume india is the third biggest market of footwear and prominent exporter of the footwear and leather goods being a highly labour intensive industry, the requirement for trained human resources for leather and footwear sector is immense there is a strong need for upgradation of the institution enabling it to deal with international standards and market3 the global footwear market is expected to reach us$2202 billion by 2020 from the current level of us$ 1987 billion the opportunity cost of not investing in human resources required for this sector in india at this juncture would result in increased imports thereby, impacting the domestic and exports sector of footwear and leather products it is proposed to empower the institute to improve its capacity and performance with a view to address the shortage of the trained human resource4 in view of the above, it is proposed to declare the footwear design and development institute as an institution of national importance and enable it to emerge as centre of excellence with the objective of meeting the national and international standards for the promotion and development of quality and excellence in education, research and training in all disciplines relating to footwear and leather products design and development5 the footwear design and development institute bill, 2017, inter alia, proposes to—(i) declare the footwear design and development institute as an institution of national importance;(ii) establish a governing council and other authorities of the institute; and (iii) empower the institute to grant degrees, diplomas, certificates, or any other qualification to students of the institute 6 the notes on clauses explain in detail the various provisions of the bill7 the bill seeks to achieve the above objectivesnew delhi;nirmala sitharamanthe 28th february, 2017 notes on clausesclause 1—this clause relates to the short title and commencement of the proposed legislationclause 2—this clause relates to the declaration of the footwear design and development institute as an institution of national importanceclause 3—this clause defines certain expressions used in the proposed legislationthese definitions, inter alia, include "governing council", "design", "institute", "senate"clause 4—this clause relates to the establishment of the institute it provides that the footwear design and development institute shall be established on and from the date of the commencement of the proposed legislation as a body corporate it further provides that it shall consist of a governing council having a chairperson, managing director and other members it also provides the term of office of the chairperson and other members of the governing council other than ex officio members and filling of their vacancies and allowances payable to them and provides that the governing council shall meet at least two times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by the governing councilclause 5—this clause relates to the vesting of the properties of the institute it provides that all property belonging to the society immediately before the commencement of this act shall vest with the instituteclause 6—this clause relates to the effect of incorporation of the institute it provides that every person employed by the society, immediately before the commencement of the proposed legislation, shall hold his office or service in the institute, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges and all the rights and liabilities of the society shall be transferred to, and be the rights and liabilities of, the institute it further provides that every person pursuing any academic or research course in existing institute campus, shall be deemed to have migrated and registered with the corresponding institute campus at the same level of study in the institute campus from which such person migrated it also provides that all suits and other legal proceedings instituted or which could have been instituted by or against the society shall be continued or instituted by or against the instituteclause 7—this clause relates to the functions of the institute it provides that functions of the institute, inter alia, include to provide for instructions, research and training in the areas or disciplines relating to footwear and leather products design and development: to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to footwear and leather products design and development and to frame statutes and ordinances and to alter, modify or rescind the sameclause 8—this clause relates to powers of the governing council it provides that the governing council shall be responsible for the general superintendence, direction and control of the affairs of the institute under the overall control of the central government and shall have the power to review the acts of the senate; provides for powers of central government to issue directions for effective administration of the proposed legislation it further enumerates the functions of the governing council it also provides that the governing council has the power to appoint committees it also provides that it shall not dispose of any property of the institute without the approval of the central governmentclause 9—this clause provides that the institute shall be open to all races, creeds, and classesclause 10—this clause provides that all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and ordinancesclause 11—this clause provides that the president shall be the visitor of the institute clause 12—this clause relates to authorities of the institute it provides that authorities of the institute shall be the governing council, a senate and such other authorities as may be declared by the statutesclause 13—this clause relates to the senate it provides the composition of the senate consisting of the managing director, secretary, executive directors of all the institute campus, senior professors of the institute, three persons and one alumnus of the institute nominated by the chairperson in consultation with the managing director and such other members of the staff as laid down in the statutesclause 14—this clause relates to the functions of the senate it provides that the senate shall be principal academic body of the institute and shall have control and be responsible for the maintenance of standards of instructions, education and examination in the institute and exercise such other powers and perform such other duties as may be imposed on it by the statutesclause 15—this clause relates to functions, powers and duties of the chairperson it provides that the chairperson shall ordinarily preside at the meetings of the governing council and at the convocations of the institute and exercise such powers and perform such duties as are assigned to him under the statutesclause 16—this clause relates to managing director it provides the terms and conditions of service of the managing director of the institute who shall be appointed by the central government for a tenure of five years on such terms and conditions of services as may be prescribed it further provides that the managing director shall be the principal executive officer of the institute and shall be responsible for the implementation of the decision of the governing council and senateclause 17—this clause relates to the secretary it provides for the appointment, powers and duties of the secretary who shall be appointed by the central government for a tenure of five years on such terms and conditions as may be prescribed it further provides that the secretary shall act as the secretary of the governing council, the senate and such committees as may be specified by the statutesclause 18—this clause provides for the terms and conditions of service of the executive director of the institute who shall be appointed by the central government for a tenure of five years on such terms and conditions of services as may be prescribed; provides that executive director of each institute campus shall look after all academic, administrative, research and other activities of the institute campus in consultation with the managing directorclause 19—this clause relates to the powers and duties of other authorities and officers of the institute to be determined by the statutesclause 20—this clause relates to the grants by the central government it provides that the central government may, after due appropriation made by the parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit for enabling the institute to discharge its functions efficiently under this actclause 21—this clause provides for the maintenance of a fund by the institute which shall be applied towards meeting the expenses of the instituteclause 22—this clause provides for the setting up of an endowment fund and any other fund for specified purposeclause 23—this clause relates to the accounts and audit it provides for the maintenance of proper accounts and other relevant records, an annual statement of accounts including the balance-sheet in accordance with general directions issued by the central government in consultation with the comptroller and auditor-general of india and the same shall be audited by the comptroller and auditor-general of indiaclause 24—this clause provides for the constitution of pension, insurance and provident funds for the benefit of the employees including the managing director of the instituteclause 25—this clause provides for the appointment of the staff of the institute in accordance with the procedure laid down in the statutes by the governing councilclause 26—this clause provides for framing of the statutes, inter alia, with respect to conferment of honorary degrees: the formation of departments of teaching, establishment of workshops, laboratories and studios; fees for residence and hostels of students; institution of fellowships, scholarships, exhibitions, medals and prizes; qualifications of teachers of the instituteclause 27—this clause provides for the procedure regarding framing of the first statutes of the institute and making of new or additional statutes as well as their amendment and repealclause 28—this clause provides for ordinances to be made, inter alia, relating to the admission of the students to the institute; reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; courses of study to be laid down for all degrees, diplomas and certificates of the institute, etcclause 29—this clause provides for the procedure of making ordinances by the senateclause 30—this clause provides for a tribunal of arbitration for settlement of disputes between the institute and its employees consisting of one member appointed by the institute, one member nominated by the employee and an umpire appointed by the visitor it further provides that decision of the tribunal shall be final and no suit or proceeding shall lie in any court in respect of any matter referred to the tribunal of arbitrationclause 31—this clause provides that acts and proceedings of the institute or governing council or senate or any other authority shall not be invalidated by any vacancy, etcclause 32—this clause relates to various sponsored schemes of the institute and its utilisationclause 33—this clause relates to power of institute to grant degrees, diplomas, certificates and other academic distinctionsclause 34—this clause provides the application of the provisions of the right to information act, 2005 to the institute, as if it were a public authority defined in the said actclause 35—this clause confers power upon the central government to make rules in respect of the matters specified in the proposed legislation it further provides that the rules made by the central government shall be laid before each house of parliamentclause 36—this clause relates to returns and information which may be provided to central governmentclause 37—this clause makes transitional provisions it provides for the continuation of the existing governing council till the constitution of a new council under the provisions of the proposed legislation and other transitional provisionsclause 38—this clause provides for the publication of every statute or ordinance in the official gazette and also for its laying before parliament it further provides that the power to make statutes or ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of the proposed legislationclause 39—this clause relates to the power to remove difficulties it provides that 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 provision or give such direction not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficult it further provides that no such order shall be made after the expiry of two years from the commencement of the act it also provides that every such order shall be laid before each house of parliament financial memorandumclause 4 of the bill provides that the footwear design and development institute shall be established as a body corporate the existing institute is centrally funded for meeting their capital expenditure the financial assistance on capital expenditure would be provided to the institute, if considered necessary, by the central government2 clause 20 of the bill, inter alia, provides that the central government may, after due appropriation made by parliament by law pay to the institute in each financial year such sums of money in such manner as it may think fit3 the expenditure on maintenance of the institute shall be met out of the income generated by the institute through its internal resources, therefore, it does not involve any recurring expenditure from the government4 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 27 of the bill empowers the governing council, to frame with the previous approval of the visitor, the first statutes of the institute sub-clause (2) of the said clause provides that the governing council may, from time to time, make new or additional statutes or amend or repeal such statutes sub-clause (3) of the said clause provides that every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor sub-clause (4) of the said clause provides that a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor clause 26 of the bill enumerates the matters in respect of which statutes may be made2 clause 29 of the bill empowers the senate to make ordinances the ordinances made by the senate shall be submitted to the governing council and the governing council may by resolution cancel or modify such ordinances the matters in respect of which ordinances may be made, inter alia, include: (a) the admission of the students to the institute including institute campus; (b) reservation for the scheduled castes, the scheduled tribes and other backward categories of persons; (c) courses of study to be laid down for all degrees, diplomas and certificates of the institute; (d) conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates; (e) the conditions of award of fellowships, scholarships, exhibitions, medals and prizes; (f) the conditions and mode of appointment and duties of examining body, examiners and moderators; (g) conduct of examinations; (h) the maintenance of discipline among the students of the institute; (i) the fees to be charged for course of study in the institute and for admission to the examination of degrees, diplomas and certificates of the institute; and (j) any other matter which by this act or the statutes is to be or may be provided for by the ordinances3 clause 35 of the bill empowers the central government to make rules in respect of matters relating to the appointment of the managing director, secretary and executive director and terms and conditions of his service under sub-section (1) of section 16, sub-section (1) of section 17 and sub-section (1) of section 18; the form and manner in which the books of account of the institute shall be maintained under sub-section (1) of section 23 and any other matter which is required to be, or as may be, prescribed4 sub-clause (3) of clause 35 provides that every rule made by the central government is required to be laid before each house of parliament sub-clause (2) of clause 38 provides that every statutes or ordinances shall be required to be laid before each house of parliament5 sub-clause (1) of clause 39 empowers the central government, by order published in the official gazette make provisions not inconsistent with the provisions of the proposed legislation remove any difficulty that may arise in giving effect to the provisions of the proposed legislation as appears to it to be necessary or expedient however, such order shall not be made after the expiry of two years from the date on which the proposed legislation receives the assent of the president and such order shall be laid before each house of parliament6 the matters in respect of which the rules, the statutes, or the ordinances may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———————— a billto establish and declare the footwear design and development institute as an institutionof national importance for the promotion and development of quality and excellence in education, research and training in all disciplines relating to footwear and leather products design and development and for matters connected therewith or incidental thereto ————

Parliament_bills

c5cac8ce-4ba8-5146-bc0a-025896ccea2a

on the 12th july, 2019 bill no xl of 2018 the safeguarding and adjudicating farmers' economic rights commission bill, 2018 a billto provide for the establishment of an autonomous body, called the safeguarding and adjudicating farmers' economic rights commission, to help improve the economic conditions of farmers, reduce their indebtedness and for all matters connected therewith or incidental theretobe it enacted in the sixty-ninth year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means, in the case of state, the government of the state and in all other cases, the central government5(b) "capital" includes any monetary assests or interest arising out of the same, owned or incurred by an individual or group of individuals(c) "chief commissioner" means the chairman of the commission(d) "commission" means, the safeguarding and adjudicating farmers' economic rights (safer) commission established under section 3(e) "committee" means the search-cum selection committee constituted under sub-section (5) of section 310(f) "complainant" means a farmer or member related to a farmer, who has lodged a complaint with the commission, in the prescribed format15(g) "creditor" means a person or institution that, in the regular course of business, advances finance to a farmer for any purpose, and shall include the legal representatives and successors-in-interest, whether by inheritance, assignment or otherwise, of the person or institution that advances the finance(h) "farmer" means an indian citizen who undertakes cultivation in his own land or in any other land on sharing basis or on lease or performs any other livelihood work related to agriculture20(i) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth(j) "prescribed" means prescribed by rules made under this act25(k) "small and marginal farmers" means a farmer, in possessions of irrigated or unirrigated land being used for agricultural purposes of a size of not more than two hectaresestablishment of a safer commission3 (1) the central government shall, by notification in the official gazette, establish the safeguarding and adjudicating farmer's economic rights (safer) commission, to alleviate economic indebtedness and protect farmers from economic exploitation(2) the commission shall consist of:30(i) a chief commissioner—chairman, with a term of four years (ii) a deputy chief commissioner—member, with a term of four years (iii) secretary, ministry of agriculture and farmer's welfare—member(iv) secretary, ministry of finance—member35(v) five members to be appointed by the president, by warrant of his signature and seal, from amongst persons with special knowledge in the field of agriculture, agricultural finance and judicial matters connected therewith, each with a tenure of six years (3) each member of the commission shall have an equal voting right on any decision made by the commission:40provided that the chief commissioner shall have a veto, which may be exercised for the reasons to be recorded in writing(4) all decisions of the commission shall be made by a simple majority, (5) the chief commissioner and deputy chief commissioner shall be selected by a search-cum-selection committee consisting of cabinet secretary (chairperson), secretary, ministry of agriculture and farmer's welfare (deputy chairperson) and three other eminent agriculture scientists to be co-opted as members(6) the committee shall submit a penal of names for the post of chief commissioner and deputy chief commissioner from amongst person satisfying the criteria that he shall5(i) be an eminent scholar or researcher or professor of agriculture, with notedpublications in reputed sources, or an expert in building governance institutions for agriculture or agricultural finance, with certified experience of the same;(ii) be an indian citizen or an overseas citizen of india; and (iii) not be, or have been, a part of any registered political party10(7) the chief commissioner and deputy chief commissioner shall be appointed bythe central government from the panel submitted by the committee(8) any casual vacancy in the post of chief commissioner and deputy chief commissioner shall be filled by the central government by the same procedure, within six months15(9) the central government shall appoint such number of officers and other staff including experts to the commission as may be required for its efficient functioning(10) the salaries and allowances payable to, and other terms and onditions of service of the chief commissioner, deputy chief commissioner, members, officers and any other staff, shall be such as may be prescribed(11) the commission shall have the powers to regulate its own procedure20functions of the commission4 (1) it shall be the duty of the commission to take such steps, as it may deemappropriate, for the safeguarding of farmers' economic rights and alleviating economic distress amongst farmers(2) without prejudice to the generality of the foregoing provision, the commission shall perform the following functions for the economic welfare of farmers—25(a) investigate all complaints made to be commission, or any other relevantauthority, by farmers regarding exploitation by creditors, illegal or malafide foreclosures on farmers' property, or any case of economic distress due to indebtedness:provided that the complaint is registered, in the prescribed format with the commission within two months of an order for the execution of a decree to initiate debt recovery30(b) investigate all complaints made to the commission, by farmers, regarding thedeprivation of farmers' economic rights, including but not limited to, access to subsidies, access to reliable markets and provision of minimum support prices;35| ( ||--------------------------------------------------------------------------------------|| reports to the relevant authorities, any lapses in enforcement of current central or || state acts regarding economic indebtedness and debt recovery in the agricultural || sector; and |(d) participate in the planning process to alleviate the economic indebtednessand general agrarian distress amongst farmers in the country40(3) during the period of investigation of any complaints made under sub-section (2) of section 4, the commission shall have the powers to:(a) introduce a temporary moratorium on debt recovery; (b) introduce a temporary moratorium on the alienation of land; and45(c) conduct a social impact assessment (sia) regarding the process of debtrecovery and alienation of property, giving regard to the complainant's and his dependants' income and its sources, in order to ascertain the minimum amount of landand capital necessary to provide for the maintenance of the complainant and his dependants, including an adequate amount of shelter (4) on completion of investigation of any complaints made under sub-section (2) of section 4, the commission shall have the powers to:5(a) declare null and void, in its entirety, any debt recovery or alienation of property that the commission feels is manifestly unjust or illegal;(b) order a partical exemption of land, living quarters and capital, owned by the complainant, based upon the social impact assessment carried out under clause (c) of sub-section (3) of section 4; and(c) advise the appropriate government, through a written report, to act upon—10(i) an established lapse in law enforcement; (ii) an established lapse in provision of minimum support price; (iii) an established lapse in provision of any economic right guaranteed to farmers under existing state and central law; and15(iv) an established illegality in the process of debt recovery by a financial institution or finance provider named in said case;(5) all investigations shall be completed within six months of the complaint being registered with the commission205 (1) the appropriate government shall consult the commission on all matters relating to loan waivers, and any matters connected to farmer indebtednessappropriate government to consult the commission(2) all members barring the secretary ministry of agriculture and farmer's welfare and the secretary, ministry of finance, shall be involved in the consultation process(3) the commission shall with regard to loan waivers submit a report to the appropriate government delineating the quantum of waiver necessary for each individual applicant, giving a preferene to small and marginal farmers25 30(4) with regard to the completion of an investigation by the commission on complant under sub-section (2) of section 4, the commission shall submit a report to the appropriate government, including recommendations for enforcement of existing laws, policies and schemes and/or the enactment of new policies, laws and schemes and/or recommendations for the initiation of judicial processes against individuals found, by the investigation, to be acting illegally(5) the commission shall with regard to any other matter connected to farmer indebtedness submit a report to the appropriate government, under conditions as may be prescribed on a case-by-case basis35(6) the appropriate government shall respond to each a report by the commission in writing, accepting or rejecting its recommendations with reasons for the rejection6 (1) the commission shall, within six months of its constitution establish a functional online portal for complaints to be made under this act(2) the portal shall have provisions for accepting the following:40(a) complaints made by farmers regarding matters falling under the purview ofthis act(b) complaints made by farmers under any other existing central or state lawsregarding agriculture or any matters connected therewith45(c) complaints made by farmers to any other relevant authorities, regarding thelevels of economic distress in agriculture or any matters connected therewith, that the complainant wishes to forward to commission(d) appeals made to the commission by farmers, against the adjudication of a case by any state debt conciliation board:5provided that the complaints made offline, either in person or by post to the block development officer or any other officer of similar or higher rank shall be lodged with the commission through the online portal, not more than three days after its receipt by concerned officer7 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds from the consolidated fund of india to the commission for carrying out of provisions made under this actcentral government to provide adequate funds for the commission10power to remove difficulties8 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to be necessary or expedient for removing the difficulty(2) every order made under this section shall, as soon as it may be after it is made, be laid before each house of parliament15act to have overriding effect9 the provisions of this act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this actpower to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act2025(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 statement of objects and reasonsindia has a great tradition of agriculture we are among the world's largest producers of wheat, rice, fruits, vegetables, sugarcane and cotton we are the world's largest producers of pulses and milk farming provides almost 50% of the nation with its primary source of livelihood we have seen massive advances in productivity, to the extent that we are now an entirely self-sufficient country when it comes to food demand vis-a-vis food supply and yet, our farmers are the unhappiest they have ever been the last few years have seen protests by farmers across the nation, from delhi to tamil nadu as a nation, we should not fail to provide for those who put food on our table be it in infrastructure, access to markets, agricultural finance or simply a fair price for their produce, farmers should be supportedseveral schemes and policies have been enacted to alleviate the distress within the agrarian sector governments have given loan waivers and regularly hiked the minimum support prices, every time there is discontent within the farming community however, there is a need to tackle the core, sectoral issues exploitation by moneylenders, subsequent alienation of land and property, unfair market prices and exploitation by middlemen—these are the key underlying issues that any policy or scheme to eventually fail these issues makes keep the farmers stuck within a vicious cycle of debt and uncertainty taking away a farmer's land and only source of income through debt recovery he is unable to provide for his family with the middlemen hoarding all profits for himself, the farmer is forced to discontinue farming there is, therefore, an urgent need to establish a safer commission, whose sole purpose is to listen to farmers and fight for their economic rights the commission shall ensure that the farmers of the country know that the govenrment stands for them, and will do everything it can to ensure they get their fair sharehence, this billpartap singh bajwa financial memorandumclause 3 of the bill provides for the establishment of the safeguarding and adjudicating farmers' economic rights (safer) commission it also provides for the appointment of and payment of salaries for a chief commissioner, a deputy chief commissioner, members, officers and any other staff as may be necessary clause 7 provides for the central government to provide adequate funds for the smooth functioning of the commission the bill therefore, if enacted, would involve expenditure from the consolidated fund of indiait is estimated that a recurring expenditure of rupees fifty crore will be involved anon-recurring expenditure of rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— abillto provide for the establishment of an autonomous body, called the safeguarding and adjudicating farmers' economic rights commission, to help improve the economic conditions of farmers, reduce their indebtedness and for all matters connected therewith and incidental thereto————(shri partap singh bajwa, mp)

Parliament_bills

bc0caec0-dc64-5e19-8ab9-b5ecb5d56c7f

bill no 115 of 2017 the sports persons (welfare) bill, 2017 by shri shrirang appa barne, mp a billto provide for the welfare of sportspersons who have represented india in olympic games, asian games, commonwealth games or in any other international sports events and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the sportspersons (welfare) act, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "board" means the sportspersons welfare board constituted undersection 4;(b) "fund" means the sportspersons welfare fund constituted under section 6;(c) "prescribed" means prescribed by rules made under this act; and(d) "sportsperson" means a sportsperson who has represented india in the olympics or asian or commonwealth games or in any other international sports event53 it shall be the duty of the central government to ensure welfare of the sportspersonscentral government to ensure welfare of sportspersonsconstitution of sportspersons welfare board4 (1) the central government shall, by notification in the official gazette, constitute a board to be known as sportspersons welfare board for carrying out the purposes of this act(2) the board shall consist of—(a) union minister of youth affairs and sports, as chairperson ex-officio;10(b) two sportspersons to be appointed by the central government in such manner as may be prescribed, member-secretaries;(c) one member from sports authority of india, member; and15(d) one official of the union ministry of youth affairs and sports of the rank of joint secretary and above, member; (3) the board shall meet atleast twice a month:provided that the chairperson may call for a meeting at any time in consultation with the member-secretaries as and when the circumstances warrant so20(4) the salary and allowances payable to and other terms of conditions of members of the board shall be such as may be prescribed5 the board shall—functions of the board(a) provide ground level training to every sportsperson; (b) ensure timely utilization of allocated sports budget;(c) provide relaxation to the sportspersons in rules related to passports; (d) provide reservation in posts and services under the state for sportspersons;25(e) enforce the model sports code as formulated by the central government;(f) ensure exclusion of politics from the sports; and(g) undertake such other welfare measures as it deems necessary306 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the sportspersons welfare fund for carrying out the purposes of this actconstitution of the sportsperson welfare fund(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribed35(3) any sum received from individuals in the form of donations shall also be credited to the fund7 the fund shall be utilised for—utilisation of fund(a) payment of rupees thirty-five thousand monthly pension to the sportspersons;(b) ensuring employment of the sportspersons; (c) accommodation facility for sportspersons:40(d) free education facilities for the children of sportspersons;(e) free medical and health check up facilities for sportspersons;(f) providing loan at zero rate of interest to a sportsperson willing to set up his business to earn livelihood;(g) free of cost rail travel facility; and (h) such other welfare measures, as may be prescribed58 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds for carrying out the purposes of this actcentral government to provide funds9 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this actact to supplement other lawspower to make rules1010 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act15(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and, if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the 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 statement of objects and reasonsin the name of indian sports, only cricket, tennis and badminton are being recognised in the world cricket symbolises living in clover, elitism, name-fame and a secured future cricketers are earning not only disproportionate amount of money but are also making their ostensible presence in the cinematic world not just that, there is an avalanche of best jobs and gainful employment in both public and private sector also tennis and badminton are also said to be the sports of making easy money big multinational companies are competing to offer them sponsorship huge amount of public funds are being spent on these sports to provide them a fillip on the other hand, in just opposite scenario, india fails to make progress even in the sports like athletics our country is counted among the most unfit countries vis-a-vis the other countries our country is unique and only one of its kind where people tend to set up unauthorized colonies where the children are bereft of parks to play there it is poverty that keeps even talented children from making their career in sports for want of requisite economic prosperity if the funds allocated on sports budget are spent on talent hunt besides setting up youth academics, the situation would definitely improve on the ground the government of india ought to enhance the allocation of sports budget as the facilities required for enabling the sportsperson to be the best ones invariably calls for huge investment the need is to provide the sportspersons with better facilities to encourage them the young players of the country should be given an opportunity to play against foreign players in order that they may be able to further enrich their performanceindia spent rupees one hundred and twenty crore in the run up to the preparations for rio olympics the olympics held once in four years accounted for just one hundred and twenty crore rupees whereas as much as one hundred and twenty crore, one hundred and seven crore, eighty six crore have been spent on indian institute of science, bangalore, ignou and school of planning and architecture, respectively this apart, more than rupees five thousand six hundred and twenty one crore has been spent on forty central universities of the country in a year more than four thousand one hundred thirty five crore rupees has been spent on twenty two indian institute of technology's (iits) in a year not just that, it is only in a year that a sum of rupees two thousand five hundred seventy seven crore and rupees four hundred and sixty three crore have been spent on 31 national institutes of technology's (nits) and indian institute of managements (iims) in a year onlyeven today, indian parents don't go for so many options in terms of the career of their children and wards they don't lend a serious thought to the options other than conventional careers like medical and engineering children receive little motivation to pursue their career in sports in case the above things are given effect to by the union government, indian parents would love to witness their children graduating to be olympians at the end of the dayhence this billnew delhi;shrirang appa barnejune 30, 2017 financial memorandumclause 4 of the bill provides for constitution of a sportspersons welfare board clause 6provides for constitution of sportspersons welfare fund clause 8 makes it obligatory for the central government to provide adequate funds for carrying out the purposes of the bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is not possible to quantify the actual amount which may be involved at this stage but it is estimated that a sum of rupees ten thousand crore may involve as recurring expenditure per annuma non-recurring expenditure of about rupees five thousand crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character———— a billto provide for the welfare of sportspersons who have represented india in olympic gamesasian games, commonwealth or in any other international sports events and for matters connected therewith or incidental thereto————(shri shrirang appa barne, mp)gmgipmrnd—1044ls(s3)—19-07-2017

Parliament_bills

530b75c4-a176-57f7-9755-c63fb4fac592

bill no 89 of 2017 the constitution (amendment) bill, 2017 by shri sushil kumar singh, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called constitution (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 after article 21a of the constitution, the following article shall be inserted, namely:—insertion of a new article 21b"21b the state shall provide affordable medical care, health insurance and healthcare facilities to every citizen in such manner as the state may, by law, determine"right to affordable medical care, etc statement of objects and reasonsaccording to world health organization, "health is a state of complete physical, mental and social wellbeing and not merely the absence of disease" in recent years, this statement has been amplified to include the ability to lead a 'socially and economically productive life' right to health is not included as a fundamental right in the indian constitution the constitution makers imposed this duty on state to ensure social and economic justice part iv of the constitution, the directive principles of state policy directs the state to take measures to improve the condition of healthcare of the citizen the supreme court, in paschim banga khet mazdoor samity & ors vs state of west bengal & others, while widening the scope of article 21 and stressing the government's responsibility to provide medical aid to every person in the country, held that in a welfare state, the primary duty of the government is to secure the welfare of the peopleproviding adequate medical facilities for the people is an obligation undertaken by the government in a welfare state the government discharges this obligation by providing medical care to the persons seeking to avail of those facilities in light of the increased debate on expanding infrastructure in the healthcare sector and improved health indicators such as maternal mortality rate and infant mortality rate, the concept of right to affordable healthcare assumes immense importancethe bill, therefore, seeks to amend the constitution with a view to make 'right to affordable medical care, health insurance and healthcare facilities' as a fundamental right of every citizen of the countryhence this bill financial memorandumclause 2 of the bill seeks to provide for incorporation of 'right to affordable medical care, health insurance and healthcare facilities' as a fundamental right of every citizen of the country the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five hundred crore will be involved per annumno non-recurring expenditure is likely to be involved———— a billfurther to amend the constitution of india————(shri sushil kumar singh, mp)gmgipmrnd—558ls(s3)—23-06-2017

Parliament_bills

388febf4-be9f-5861-8fa1-6c36c8a68595

bill no 136 of 2018 the ancient monuments preservation (amendment) bill, 2018 by shri mullappally ramachandran, mp a billfurther to amend the ancient monuments preservation act, 1904be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the ancient monuments preservation (amendment)act, 20185 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 after section 20c of the ancient monuments preservation act, 1904, the following sections shall be inserted, namely:—insertion of new sections 20d and 20e"20d notwithstanding anything in this act, no ancient monument held, owned or acquired by the central government or a state government shall be transferred by way of lease, sale or otherwise by that governmentprohibition of transfer of ancient monuments by the governments20e the central government or a state government, as the case may be, in whose possession an ancient monument is, shall be solely responsible for the maintenance, upkeep, improvement of profitability and development as tourist place of such ancient monuments"government to be solely responsible for maintenance of ancient monuments statement of objects and reasonsthe ancient monuments being part of our rich heritage and wealth of nation have to be preserved to uphold the nation's great traditions and history the ancient monuments preservation act, 1904 provides for the acquisition and maintenance of such properties that come under the description of ancient monuments however, the central and state governments are, of late, transferring by way of sale, lease or otherwise, properties which are ancient monuments and heritage sites of our country such transfers need to be preventedthe bill, therefore, seeks to amend the ancient monuments preservation act, 1904with a view to:—(a) prohibit transfer of ancient monuments by the central or state government by wayof lease, sale or otherwise; and(b) make the central government and the state governments to be solely responsiblefor the maintenance of ancient monumentshence this billnew delhi;mullappally ramachandranjuly 4, 2018 lok sabha———— a billfurther to amend the ancient monuments preservation act, 1904————(shri mullappally ramachandran, mp)mgipmrnd—602ls(s3)—25-07-2018

Parliament_bills

fbe9342f-f88a-52c9-bf24-ccd401bbeb35

bill no 144 of 2021 the high court and supreme court judges (salaries and conditions of service) amendment bill, 2021 abillfurther to amend the high court judges (salaries and conditions of service) act, 1954 and the supreme court judges (salaries and conditions of service) act, 19585short titlebe it enacted by parliament in the seventy-second year of the republic of india as follows:—chapter ipreliminary1 this act may be called the high court and supreme court judges (salaries and conditions of service) amendment act, 2021 chapter ii amendment to the high court judges (salaries and conditions of service) act, 1954amendment of section 17b28 of 1954102 in section 17b of the high court judges (salaries and conditions of service)act, 1954, the following explanation shall be inserted, namely:—"explanation—for the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale" chapter iii amendment to the supreme court judges (salaries and conditions of service) act, 195841 of 1958amendment of section 16b53 in section 16b of the supreme court judges (salaries and conditions of service)act, 1958, the following explanation shall be inserted, namely:—"explanation—for the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale" statement of objects and reasonsthe high court judges (salaries and conditions of service) act, 1954 was enacted to regulate salaries and certain conditions of service of the judges of high courts the supreme court judges (salaries and conditions of service) act, 1958 was enacted to regulate salaries and certain conditions of service of the judges of the supreme court2 vide the high court and supreme court judges (salaries and conditions of service)amendment act, 2009, section 17b and section 16b were respectively inserted in the said acts to provide that every retired judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the scale specified therein accordingly, the additional quantum of pension to retired judges of the high court and supreme court is being sanctioned on completing the age of 80 years, 85 years, 90 years, 95 years and 100 years, as the case may be3 however, in a writ petition filed by a retired high court judge, justice virendra dutt gyani, the hon'ble high court of gauhati vide its order dated 15th march, 2018 has held that benefit of additional quantum of pension as per section 17b of the aforesaid high court judges act in the first slab would be available to a retired judge from the first day of his 80th year4 subsequently, the hon'ble high court of madhya pradesh also, vide its order dated3rd december, 2020 passed in writ petitions filed by the association of retired judges of supreme court and high court of india, has directed respondent union of india to construe the word "from" as it appears on the slab under section 16b of the 1958 act and section 17b of the 1954 act as the first day of entering the minimum age of the slab (ie, 80,85,90,95 and 100 years) along with other consequential benefits to the petitioners5 the legislative intent behind insertion of section 17b and section 16b respectively in the aforesaid acts was to provide benefit of additional quantum of pension to a retired judge from the first day of the month in which he completes the age specified in the first column of the scale and not from the first day of his entering the age specified therein as so interpreted by the high courts therefore, it is proposed to insert an explanation in section 17b of the said high court judges act and in section 16b of the said supreme court judges act to clarify the intention and to ensure that there is no scope for any other interpretation6 the bill seeks to achieve the above objectives kiren rijijunew delhi;the 24th november, 2021———— a billfurther to amend the high court judges (salaries and conditions of service) act, 1954 and the supreme court judges (salaries and conditions of service) act, 1958————(shri kiren rijiju, minister of law and justice)mgipmrnd—1151ls(s3)—25-11-2021

Parliament_bills

ff8e26ff-d828-51cd-9600-2929b1113142

financial memorandumthe: bill sceks to include néw castes based on social, educational and economic backwardness, synonymous communities in respect of a caste and modifications in the existing entries relating to seventeen communities in the list of scheduled castes for the states of haryana, kerala, madhya pradesh, maharashtra, orissa, punjab and chhattisgarh this will entai! additional recurring and non-recurring expenditure on account of benefits to be provided to the persons belonging to the communities to be ircluded under continuing schemes meant for development of the scheduled castes 2 it is not possible to estimate the likely expenditure to be incurred on this account at this stage however, the expenditure, whether recurring or non-recurring, will be met out of the consolidated fund of india :extracts from tue constitution (scheduled castes) orne, 1950 (c019) part v—haryana 7 5, batwal- 24megh part vil—kerala 61 thandan part ix -—madhya pradesh 2, bogri, bagdi ' part x _—mahrashira 8 basor, burud, bansor, bansodi lh bhambi, bhambhi, asadaru, asodi, chamadia, chamar, chaniari, chambhar, champar, haralayya: harali, khalpa, machiga, mochigar, madar, 'madig, mochi, telegu mochi, kantati mochi, raniga, rohidas, nona, ramnami, rohit, samga, samagara, satnami, surjyabanshi, surjyaramnami 12 bhangi, mehtar, olgana, rukhi, malkana halalkhor, lalbegi, batmiki, korat, zadme"i pari xin--orissa 19 chamar, mochi, muchi, satnami 42, kandra, kandara

Parliament_bills

3cbaf4cd-116d-58ac-8449-16c54a8e8ab5

bill no 29 of 2013 the fodder bank bill, 2013 byshri hansraj gangaram ahir, mp a billto provide for establishment of a fodder bank for making available fodder and water to animals in places affected by natural calamities like famine, drought or floods and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the fodder bank act, 2013(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "animal" means domestic animals which consume fodder; (b) "bank" means fodder bank established under section 3; and (c) "prescribed" means prescribed by rules made under this act5establishment of fodder bank3 (1) the central government shall, within a period of three months from the date of coming into force of this act, establish a bank to be known as the fodder bank with its headquarter at nagpur in the state of maharashtra(2) the central government shall establish a branch of the bank in every district of the country10(3) the central government shall constitute an authority to be known as the fodder bank authority to manage the affairs of the fodder bank(4) the authority shall consist of a chairperson and four other members to be appointed by the central government15(5) every branch of the bank shall consists of a general manager and such other officers and staff as may be required(6) the terms and conditions of service and appointment, salaries and allowances of chairperson, members and employees of the bank shall be such as may be prescribed4 the bank shall—functions of fodder bank(i) establish fodder store houses in every district;20(ii) purchase fodder from farmers at such rate, as it may deem fit; (iii) provide facility for transportation of fodder from the fodder store house to places affected by famine, drought, flood or any other natural calamities;25(iv) acquire land, in consultation with the state government, for cultivation of fodder in order to enhance the availability of fodder in famine, drought or flood prone areas;(v) ensure availability of fodder and drinking water for animals free of cost in places affected by famine, drought, flood or any other natural calamities;(vi) encourage research in collaboration with agricultural research institutions and universities for cultivation of better quality of fodder; and30(vii) collect data of animals reared in every village through its branch in every district and prepare exigency plan to supply fodder and drinking water to animals affected in places affected by famine, drought, flood or any other natural calamities 5 (1) the central government shall, by notification in the official gazette, establish a fund to be known as the fodder fund with an initial corpus of rupees one thousand croreestablishment of fodder fund35(2) the state governments shall contribute to the fund in such ratio as may be prescribed(3) the fund shall be administered by the fodder bank authority constituted under sub-section (3) of section 340(4) the fund shall be utilized to produce, procure or collect and store fodder and distribute fodder and drinking water for animals in places affected by natural calamitiessupply of fodder6 (1) any person who intends to avail fodder shall inform the branch office of the fodder bank in the district about the requirement of fodder, in such manner as may be prescribed(2) the concerned branch shall, on receipt of information under sub-section (1), supply the requisite quantity of fodder to such person within a period of two days7 the central government shall give wide publicity to the provisions of this act in such manner as may be prescribed| publicity ||----------------|| the provisions || of the bill || power to make || rules || 5 |8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act10(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the 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 statement of objects and reasonsnatural calamities such as famine, drought and floods result in heavy loss of human lives and property including loss of livestock due to the priority given to save the lives of people, it becomes very difficult to save lives of animals during such situations, to save the lives of animals, availability of sufficient fodder becomes the main requirement however, the transportation of fodder and drinking water to the affected areas is not an easy task therefore, it is necessary to evolve a mechanism so that fodder and water is made available in places affected by natural calamitiesdue to increase in the population of the country, the area of agriculture land is decreasing the availability of fodder is also continuously decreasing due to harvesting of new varieties of crops in place of traditional crops there is a need for intervention on the part of the state and to take cognizance of shortage of fodder and drinking water for animals particularly during natural calamities and to address the problem being faced by lakhs of farmers and others in rural areas across the country on this accountin the absence of any exigency plan to meet the demands of fodder and drinking water during natural calamities, the farmers and animal rearers are compelled to sell their livestock at throw away prices to meat-vendors which results in mental agony and heavy financial loss to themthe bill, therefore, seeks to provide for establishment of a fodder bank to produce, procure or collect and store and distribute fodder and drinking water for animals in places affected by natural calamitieshence this billnew delhi;hansraj gangaram ahirfebruary 8, 2013 financial memorandumclause 3 of the bill provides for establishment of a fodder bank and a fodder bank authority to manage the affairs of the bank clause 4 provides for establishment of fodder store houses, facilities of transportation of fodder and drinking water for animals during natural calamities, collection of data of animals and preparation of exigency plan, etc by the fodder bank clause 5 provides for constitution of a fodder fund with initial corpus of rupees one thousand crore clause 7 provides for giving wide publicity to the provisions of the actthe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve recurring expenditure of rupees fifteen hundred crore per annuma non-recurring expenditure of two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character—————— a billto provide for establishment of a fodder bank for making available fodder and water to animals in places affected by natural calamities like famine, drought or floods and for matters connected therewith or incidental thereto————(shri hansraj gangaram ahir, mp)

Parliament_bills

b9724d47-a157-5200-9b16-77fb02868247

bill no xxx of 2012 the payment of bonus (amendment) bill, 2012 a bill further to amend the payment of bonus act, 1965be it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the payment of bonus (amendment) act, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 221 of 1965 52 in section 2 of the payment of the bonus act, 1965 (hereinafter referred to as the principal act) in clause (13), the words "not exceeding ten thousand rupees per mensem" shall be omitted3 section 12 of the principal act shall be omittedomission of section 12 statement of objects and reasonsthe bill proposes to amend definition of "employees" as given in sub-section (13) of section 2 of the payment of bonus act, 1965 which entitles only those employees for getting bonus by his employer who are employed on a salary or wage not exceeding ten thousand rupees per mensemmoreso, section 12 prescribes the limit of three thousand five hundred rupees per mensem for calculation of bonus with respect to the employeesin today's world of money inflation, high prices and salaries, imposing ceiling on the wages for denying bonus to the employees is totally unjust at least all the workers should be entitled to get the bonus irrespective of their salary or wages under the payment of bonus actthe bill proposing amendment to section 2 and section 12 of the act seeks to achieve the aforesaid objectiveshence this billrama chandra khuntia financial memorandumclauses 2 and 3 of the bill seek to amend clause (13) of section 2 and omit section 12respectively of the payment of bonus act, 1965 by omitting the eligibility limit of rupees ten thousand per mensem for payment of bonus and the limit of rupees three thousand five hundred per mensem for calculation of bonus as prescribed by the payment of bonus (amendment) act, 20072 the bill, if enacted shall entail additional expenditure on this account to the tune of rs 1000 crore per annum which shall be met from the consolidated fund of india3 the bill does not involve any other recurring or non-recurring expenditure annexure extracts from the payment of bonus act, 1965 (21 of 1965) definitions2 in this act, unless the context otherwise requires,— (13) "employee" mean any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand rupees per mensem in any industry to do any skilled or skilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied; 12 where the salary or wage of an employee exceeds three thousands and five hundred rupees per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were three thousand and five hundred rupees per mensemcalculation of bonus with respect of certain employees rajya sabha—————abillfurther to amend the payment of bonus act, 1965—————(shri rama chandra khuntia, mp)mgipmrnd—2092rs(s3)—09-08-2012

Parliament_bills

84ddd624-3dd1-52ca-be85-f5de4f8e21ac

bill no 26 of 1989 the punjab appropriation (vote on account) bill, 1989 a billto provide for the withdrawal of certain stl:rnb from and out of the consolidated fund oj the state of punjab for the services of a part of the financiaz year 1989-90 be it enacted by parliament in the fortieth year of the republic of india as follows:-1 this act may be called the punjab appropriation count) act, 1989 (vote on ac-short title 5 2 from and out of the consolidated fund of the state of punjab witbthere may be withdrawn sums not exceeding those specified in column 3 drawalof of the schedule amounting in the aggregate to the sum of two thousand :7~7::o seven hundred and twenty-six crores, forty-two lakhs and seventy-seven fr~m' and thousand rupees towards defraying the several charges which will come out of join course of payment during the financial year 1989-90 the cod_ solidated fund of the state of t punjab for the financial year 1989-90 3 the sums authorised to be withdrawn from and out of the consoli- approdated fund of the state of punjab by this act shall be appropriated for priation the services and purposes expressed in the schedule in relation to the said year voted by parliament fund total | sums | not | exc:eedioa ||-------------------|--------|---------------|| ~:i----- | | || -----------, | | || ----'-----1------ | | || of | | || ~ | | || services | and | purpose || ~ | | || i | | || x:'ii | | |as rs 10 i agriculture and forests z,s7,ooo revenue capital i i rs i t 49,54,30,000 : j 2,72,33,000 49,55,87,000 12,72,33,000 21 animal husbandry ! and fisheries revenue capital 16,71,31,000 1,31,25,000 16,72,71,000 is 1,31,25,000 3 co-opcration 1,40,000 i i 15,000 i reveoue capital 7 ,46,06,000 ~ 27,29,50,000 7,46,21,000 27,29,50,000 4 defence services welfare 9,000 i revenue capital 1,74,84,000 i 10,00,000 : )74,93,000 20 10 00,000 5 , education j'~~4'000 i revenue capital 227,84,06,000 i 2a,43,ooo 231,14,4()ooo 24,43,000 ··8,000 i reveoue 56,2a,ooo 56,32,000 6/ elections _ 1lc~1ic 5,94,61,000 7 ibciie ud taxation 5,94,93,000 25 33,000 i 8 i finance 104,70,32,000 , 3,79,00,000 ' revenue capital 327,20,82,000 616,00,29,000 332,50,50,000 i 612,2z,ag,ooo i 9 food alld supplies revenue capital 1,75,75,000 500,34,47,000 1,75,75,000 500,16,27,000 t ;,·80,000 i 7,67,24,000 jo general administration revenue 8,0),73,000 30 11 i healtb and family wofftre revenue 72,r7,51,ooo 5449,000 i j 1,47,000 12 i home affairs and jullice ~ ,07,52,000 reyenue capital 72,r6,04,000 i i j0464,17,ooo i 17,00,00,000 i 105,71,69,000 35 ) 7,0000,000 42,000 13 : industries revenue i capital 6,85,60,000 10,58,43,000 6,85,18,000 i to,58,43,ooo i 2,34,00,000 8,000 revenue 234,08,000 14 ; information and i public ~iations 2,50,000 65,11,60,000 339,03,85,000 f revenue capital 65,14jo,ooo 40 339,03,85,000 2,23,63,000 2,24,13,000 $0,000 ! 15 i irriptlon and power i i ! 16 i labour and employment revenue -__----------i no i sum not exceeding 5 vote! r-v~ted by, cbatpd the of i services and purpoles -i'---'-~-:! ' , ! ~~ i total ri -i -1---------------- ---------'-:----rs ri i 10 17 local gov," i i houainl and urban devd~t rewaue, 14,00,57;800 zs,ooo i' r z,'lo,oos 14,oo,1'1j1i» ]0, 79,9sij{» capital i 10,78,25,000 i 18 t pl:nonnel and admi-i niltrative reforms revenue j 47,64,000 ! i r z6,7z,ooo i 64,35,000 revenue , 11,92,79,000 11,92,80,000 19 i planning z,ooo ! so,ooo revenue 50,000 20 programme imple· mentation , z6,oo000 21 public works 77,06,34,000 39,73,35,000 revenue capital 76,90,34,000 39,73,35,000 22,30,25,000 22,26,39,000 20 22 i revenue and rehabi· iitation revenue r? ,86,000 ! ! 2,22,000 ! 21,39,85,000 35,00,000 25 23 i rural development and panchayats reveoue i capital ! , 24 ! science, technololy 18,00,000 1,30,13,000 i and environment revenue capital 21,37,63,000 35,00,000 i 18,00,000 i 1,30,13,000 , i i 30 25 social and women's welfare and welfare of scheduled cutos reveilue _ blgkwa14 0iaii0s qqiitai 26,10,00,000 ~,ooo 26,09,75,000 64,68009 l,oa,97,fxk) l,01,l6,gcio 26 state lesislature re9aae ~s,ooo ; i ,-i f8z,ooo i 9,71,16,000 9,7166,000 15;1$,000 27 t~l bciucauoo llewnue aad industrfill trainljl, capital ~ j 5',85,080 !'~o,ooo i 9j,oofj i 99,55,000 83,75,000 35 28 tourism and cultural revenue , attairs capital i 98,62,000 i 83,75,000 i i 29 transport revenue capital 1020,50,000 10,20,so,ooo 45,10,06,000 65,40,000 46,05,46,000 revenue r93,97,ooo z,ooo i 93,98,000 30 vigilance total i 1886,19,10,000 8402ho7,;;-j2726;'i77,ooo statement of objects and reasonsthis bill is introduced in pursuance of articles 204(1) and 206 of the constitution read with the proclamation issued under article 356 of the constitution in respect of the state of punjab on the 11th may 1987 to provide for the appropriation out of the consolidated fund of the state of punjab of the moneys required to meet the expenditure charged on the consolidated fund of the state of punjab and the grants made 1n advance by the lok sabha in respect of the estimated expenditure of the government of punjab, for a part of the financial year 1989-90 b k gadhvi president's recommendation under article 207 of the constitution of india[copy of letter no f2(63)-b(s)/89, dated the 16th march, 1989 from shri b k gadhvi, minister of state in the department of expenditure in the ministry of finance to the secretary-general, lok sabba] the president, having been informed of the subject matter of the bill to provide for the withdrawal of certain sums from and out of the consolidated fund of the state of punjab for the services of a part of the financial year 1989-90, recommends the introduction of the punjab appropriation (vote on account) bill, 1989 in lok sabha and also the consideration of the bill under clauses (1) and (3) of article 207 of the constitution of india read with clause (2) of article 206 thereof and the proclamation dated the 11th may, 1987 issued under article 356 of the constitution a billto provide for the withdrawal of certain sums from and out of the consolidated fund of the state of punjab for the services of a part of the financial year 1989-90 (shri b k gadhvi, minister of state in the department of eapenditure in the ministry of finance)

Parliament_bills

f5369269-ae65-58ae-88c3-7a24e3dd4d10

bill no 216 of 2018 the asha workers (regularization of service and other benefits) bill, 2018 by shri nk premachandran, mp a billto provide for regularization of the services of asha workers conferring the status of permanent employee of the government on them and for matters connected therewithbe it enacted by the parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the asha workers (regularization of service and otherbenefits) act, 2018short title, extent and commencement5(2) it extends to the union territories only(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—10(a) "asha worker" means accredited social health activist working as communityhealth worker instituted by the government of india, ministry of health and family welfare as a part of national health mission; and (b) "prescribed" means prescribed by rules made under this actregularization of services of asha workers3 (1) the central government shall, by notification in the official gazette, take steps to regularize the services of asha workers and confer the status of group "c" employees of the government on such asha workers who are serving in national health mission immediately before the commencement of this act5(2) every asha worker whose service has been regularized shall be entitled to such tenure, terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as are available to group "c" employees of the central government104 the central government shall take steps to provide accommodation to all ashaworkers within the vicinity of their workplaceaccommodation to asha workers power to remove difficulty5 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty:15provided that no order shall be made under this section after expiry of two years from the date of commencement of this act6 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceprovisions of the act to be in addition to other laws power to make rules207 (1) the central government may make rules for carrying out the purposes of this act25(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both houses agree in making any modification in the rule or both the 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 statement of objects and reasonsasha workers the accredited social health activist are working under the ministry of health and family welfare as part of national health mission contributing remarkable service in health sector the asha workers working as link between health department and common man so as to create awareness and promote health activities in the country the contribution of asha workers are helpful to improve the health standard of the country the asha workers are good promoters of various schemes of the central government and state government and ensuring the health of common man the duties and service rendered by the asha workers are very important for the protection of the health the asha workers do not have job security and the honorarium given to them are not sufficient for meet their immediate requirement this may adversely affect the working of the integrated child development schemethe asha workers are one of the main link between government and general publicthey are helping the government for the effective implementation health programmes considering the importance of their duties and service, it is highly necessary to protect their service and welfarehence this billnew delhi;nk premachandrannovember 19, 2018 financial memorandumclause 3 of the bill provides the regularization of service of asha workers and confer the status, wages and welfare not less than the status, wages and welfare of group "c" employees of the central government clause 4 provides for provision of accommodation to asha workers the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees three thousand crore per annum is likely to be incurred from the consolidated fund of indiaa non-recurring expenditure of about rupees five thousand crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules will relate to matters of detail only, the delegation of legislation powers is of a normal character———— a billto provide for regularization of the services of asha workers conferring the status of permanent employee of the government on them and for matters connected therewith————(shri nk premachandran, mp)mgipmrnd—2260ls(s3)—18-12-2018

Parliament_bills

3b1fe29b-63e3-5316-8a09-876538e722b4

the indian tariff (second amendment) bill, 1962(as introducbd in lok sabra on 3rd dbcembbr, 1962) lol< sarha cor mren da to the inlian tariff (second amendmfnn bill, 19g2(to be/a lnmhwud in lok sabia,,) 1 page: line 38 -for 'committed' read 'omitted' 2 pase a line aa -for 'tid_ regtl '-tide' 3 correct line aamben on pap-5 ad 7 new· ddhi ' not/ember 30 1962 agraaayq/ja 9 1884 (sua) 05& l5-rp-80 i lti2/l, 150 b , 1962 (as dmloduced in lok sabka)a bill further to amend the indian tariff act, 1934 b it enacted by parliament in the thirteenth year of the republic of india as follows:-1 (1) this act may be called the indian tarf1f (second amend- short title ment) act, 1962 and commencement , (2) this section and clause (1) of section 3 shall come into force at once and the rest of this act shall come into force on such date as the central government may, by notification in the omcial gazette, appoint f6 i,u z in the indian tariff act, 1934 (hereinafter referred to as the inaertloll of 10 princf1pal act), after section 2, the following section shall ?e ~~,:t~~, ~ _dod namey:-' '2a (1) any article which is imported into india shall be levy of liable to customs duty equal to the excise duty for the time being ::n~~: leviable on 8 like article if produced or manufactured in india , i' j::rplanatfcm-in this sub-section, the expression ''the excise duty for the time bein~ leviable on a like article if produced or manufactured in india" means the excise duty for the time being in force which would be leviable on a like article if produced or manufactured in india or if a like article is not so produced or ao manufactured, which would be leviable on the class or description of articles to which the imported article belon~s and where such duty is leviable at different rates, the highest duty (z) the customs duty referred to in sub-sectlon (1) than be in addition to any duty imposed under this act or under uy other law for the time being in force' 3 in the first schedule to the principal act,-amendment of firat schedule (1) in each of the items nos 15 (6) and 15 (7), in the entne ~ in the fourth and sixth columns, the words "plus the excles duty for the time being leviable on like articles if produced or manufactured in india" shall be omitted; (2) in item no 22 (5) (b) (if), in the entries in the fourth, fifth and sixth columns, the word, "plus th8 ~~ duty for 10 the time being leviable on like articles if produced or manufactured in india, and where such duty is leviable at different rates, the highest duty" shan be omitted; (3) in each of the iteill' nos 27 (3), 27 (5) and 27 (7) (b) in the entry in the fourth column, the words "plus the excise is duty for the time being leviabie on ·1ike articles if produced or manufactured in india", whe:rever thqy occur shall bit ~~t~; (4) in items nos 30, 30(2), 30(11), 49(4) and 73(18), in the entries in the fourth and fifth columns, the words ~tu the excise duty for the time being leviable on like arucl •• if ~ produced or manufactured in india, and where such duty ii leviable at different rates, the highest duty", wherever·· they 0~~1p' shall be omitted; (5) in item no 46(6), in the entry in the fourth ~ t,l,l words "plus the excise duty for t~e time being leviable on like s, products if produced or manufactured in india, and wb,rct 8~h duty is leviable at difte:rent rates, the lushest duty""'au be omitted; (6) in each of the items nos 22(4) (b) (u), 38('), 28(8), 28(14),28(30),28(34),29(1),30(1)30(3),30(), 30(13), ~(~4), 30 30 (15), 30 (16), 44, 44 (4) , 47 (2), 47 (3), 47 (4) , '7(~), 47 ta) , 48, 48(2), 48(3), 48(4), 48(5), 48(6), 48 (7), 48 (8), 48 (9), 49 (3), 60 (2), 60 (5), 63(4), 63 (10) - ~, 66 (1) , 70 (1), 73 (7), 73 (15) and 75 (8), in the entry in tl1~ fpunn ~91w,nn, the words !"plus the excise duty for t~ time being t~~~p'j~ on 35 like articles if produced or ~n1lfa~1,u"ed in indi~, an4 wpere such duty is leviable at diffet'ent rates, th~ hi&h~st du~", wherever they occur shall b9 conu:mtt~; (7) items nos 11)(11), 28(25), 52(4), 13(2) and e(2) iball be omitted; ~ 0 , " (8) items' nos 27(10), 28(35), 28(36), 28(37), 39(4), 42(1), 60 (ia)", 5'8 (ia); 59 (7), 60 (9), 63 (36), 64 (6), 68 (5), 72 (41), 73(4a), 73(21), 73(22), 73(24), 75(19), 77(1), 79(1), and 82(6) and the entries (mcluding the explanation, if any) relating thereto shall be omitted; (9) in item no 40(2), in the second column headed unam of article", for the existing entry, the following entry shall b m'bstftuted, n~ly: -! ufurniture and cabinetware, and parts thereof, not other-10 wise specified, excluding mouldings"; (10) in item no 42, in the second column headed "name of article", for the existing entry, the following entry shall bo iubstituted nameiy:-ufurniture of wicker-work or bamboo, and pan of i, uch furniture, not otherwise specified"; (11) in item no 45(b), in the second column headed "name of article", for the existing entry, the followin~ entry hall be substituted, namely:-ustationery, not otherwise specified, including drawina and copy books, christmas, easter and other cards, including' cards in booklet form; including also waste paper, and also parts of such stationery, not otherwise specified"; (12) in item no 71, in the second column headed "name of utiele", for the existing entry, the following entry shall be aubstituted, namely:-uhardware, lronmongery and tools, and parts thereot, all sorts, not otherwise specified, including incandescent mantles but excluding machine tools and agricultural lm1jl~ent&-(a) tools and parts thereof; '0 (b) others"; (13) in item no 71 (1), in the second column headed "name of articles", for the existing entry, the following entry shall be iubstituted, namely:~ 3' "the following hardware, ironmongery and tools, and parts thereof, not otherwise specified, namely, agr!-cwttn'al implements not otherwise specified, buckets of tbmed or 8s1vanized iron, and pruning-knives!'; (14) in item no, 71 (3), in the second column headed "name of article", for the existing entry, the followin, ent1'1 shall be substituted, namely:- (a) metal furniture and cabinetware; (b) parts of metal furniture and cabinetware, not s otherwise specified" (15) in item no 71 (9), in the second column headed "name of article", for the existing entry, the followinl entrj shall be substituted, namely:-ci (a) stoves for use with kerosene gasolene, or other 10 liquid fuels, and burners therefor; (b) parts of stoves specified in sub-item (a), not otherwise specified"; (16) in item no 72(31), in the second column headed "name of article", for the existing entry, the following entry is ahall be substituted, namely:- (a) hay presses; (b) parts of hay presses not otherwise speclfted"; (17) in item no 72 (32), in the second coiullul headed "name of article", for the existing entry the followin, entry shall be 20 substituted, namely:-- • (a) milking machines; (b) parts of milking machinee not otherwise specified" (18) in item no 72 (38), in the second column headed "name of article", for the existlng'entry the following entry 2' shall be substituted, name1y:-"ball and roller bearings for use with shaftings of more than 51 millimetres bore diameter and adapter bearinp, not otherwise specified, which are specially designed for 11111 exclusively with power driven mac:binery, and parts of iuch 30 bearings not otherwise apeclfled"; (19) in item no 73, in the second column headed "name of article", for the existing entry, the following entry 8ha1l be substitut~d, namely:-"electrical instruments, apparatub and appuanc81, not, otherwise specified (excluding telegraph1c and telephod1c) and parts thereof, not otherwile pec1fted (~o) in item no 73(1), in the second column heachd "ham of article", for the existing entry, the following entry shall be lubstituted, namely:-"the following electrical instruments, apparatus and j appliances other than those specified in item no 73 (16), and parts thereof not otherwise specified, namely:-electrical control gear and transmission gear, namely, switches (excluding switch boards), fuses and current breaking dievices of all sorts and descriptions, designed for use in circuits of less than ten amperes and 10 at a pressure not exceeding 250 volts; and regulators for use with motors designed to consume less than 187 watta; insulated copper wires and cables, anyone core of which, not being one specially designed as a pilot core, has a sectional area of less than 8' 0645 square millimetres and 15 wires and cables of other metals and alloys of not more than equivalent conductivity, not otherwibe specified; and line insulators including also cleats, colulectors, leading-in tubes and the like, of types and sizes such as are ordinarily used in connection with the transmission of power for purposes other than industrial, and the fittings thereof but i excluding electrical earthenware, brassware and porcelain otherwise specified,"; (21) in item no 73 (2), in the second column headed ''name of article", for the existing entry, the following entry shall be a, lubstituted, namely:-10 "the following electrical instruments, apparatus and appliances, and parts thereof not otherwise specifted, namely, telegraphio and telephonic instruments, apparatus and appliances, not otherwise specified, condensers, and bell apparatus, and switch-boards designed for use in circuits of less than ten amperes 8jld at a pressure dot exceeding 250 volta"; (22) in item no 73 (9), in the second column headed ''name of article", for the existing entry, the rollowing entry ihall be i' substituted, namely:-"(4) electro-medical apparatus; (b) parts of electro-medical apparatus, lpeciaed" ; not otherwfse (21) ·fjl' item nc;~ '13(1t), in ute aecod4 cof:1idm headed "nania of artf:ele", for the u1lfmlerrtry, the fouowtni entry shall be substituted, namely:- "flash lights, and parts thereof, not otherwise specifted, including flash light cues"; s (24) mi~ lid '1!(t5), in the recmc! ticlutfiti jleiw t'name of article", for the existing entry, the following entry shall be sudili£iitect; ili:inmy:'-"(e) batteries for motor vehicles (including batteriea which are interchangeable far automobue purposes on th1! 10 one hand and radio, telephone and telegraph on the other) and plates for illch batteries; (b) parts of batteries specift'ed in, 8ub;item (a), ,not oth~~"; (25) in item no 73(16), in the second column headed t'name i, of article'' for the existing entry, the following entry shall be aubltituted, namely:-uelectrical 'accesllorieil made of ~lastics, such as wall phtp, twitches,' cewni rose and lamp holders designed for uie in clreu1ts of 'i· than ten amperes, and parts of such·20 electrical aeceuories not otherwflle speeified"; (26) in item no 75 (12), in the ieeond column headed uname of article", for the emtina entry, the followina entry shall be aubstituted, naineiy:-"articles other than rubber tyt'es,tubei, batteries and a, such other components as are specified in items ~os 72 (35), 75'(9), 7s(10), 75(11), 75(14), 75(15), 75(16) and 75(18) (b) adapted for lzie as parts and accessories of motor vehicles oth1ll' than motor cycles and motor scooter , (27) in item n6 '17, in the awecond column headed unam~ so of ~ete", tor' ste' ~g $ltrj, the fouowin, entry shall be idbftt'dw~ d~:';';" ttldstruments, apparatus and! appliances 6tliei than electried, all aorta, not otherwise specified, and- pa:rta thereof not otherwise ~ecl"; u (28) in item no 77 (2), in the seeond eoltjiftd ~ded -'name of article", for the existing entry, the following entry shall be substltuted, namely:- (a) scientific ariel surilcai mstrurrients apparatua and awn•d ,;· f 4 (b) parta of selentiftc and surgleal fnlirumellta, apparatus and appliances, not otherwise specifled"; (29) in item no '11 (4), in the second eohmm headed "name pi aj"tiq1e", iqf tbe ~§tmg entry, tbe ~ollowing entry ,~all ~ ;~,utlj~, jljljlleiy:-"optical instnmlenta, apparat", qd ~dplimcijii, fl~ otherwile speculed, and parts ~, ilqt quatnn ,,- fled"; (30) in lt~ no '17(5), in th,e econd j:olumn !leaded ''n~ -10 of article", for the existing entry, the followin, entry shall be ubstituted, namely:-"photographic instruments, apparatus and ap~ and parts thereof, not otherwise apec1fted"; (31) in item no m(a), in the second column headed "name 15 of article", for the existing entry, the following ~~ i~ b substituted, namely:-"(i) toys, games, and requisites for games and sportl '(excluding fishing hooks), bird shots, toy cannons; air gunj and air pistols for the time being excluded in any part of india from the operation of all the prohibitions and directions contained in the arms act, 1959, and bows and arrows; (u) parts of toys, games and requisites for games and ports (excluding fishing hooks), bird shots, toy cannons; air guns and air pistols for the time being excluded in any a, part of india from the operation of all the prohibitions and directions contained in the arms act, 195~, and bows and arrows; not otherwise speclfted"; (32) in item no 85(1), in the second column headed "name of article", for the existing entry, the following entry shall be jo substituted, namely:-"smokers" requisites, excluding tobacco and matcbea, and parts of such requisites not otherwise specifted"; (33) the ezplanation at the end shall be omitted 4 section 4 of the mineral on (additional duties of excise and re,rlo , c mct il" , ustoms) act, 1958, is hereby repealed ai:c 37 01 1" • statement of objects and reasonsthe bill aeeks to amend the" fucllan tariff act, 1934 (32 of 19m) with a view to providing for automatic levy of countervailing duty on imported articles where an excise duty is leviable on similar articles produced indigenously the bill also provides for applying the normal rates of duty to certain items on which the duties were originally reduced due to commitments under the general agreement on tari1!s and trade (gatt) but where such commitments no longer exist opporlunity 1& also being taken for making the tariff schedule more specific and rational by providing component parts of various articles being assessed under the same items as the articles themlelva new d:amj manubhai shah the 26th november, 1962 a bill further to amend the indian tariff act, 1934 the president has, in pursuance of clause (i) of article 117 of the constitution of india, recommended to lok sabha the introduction of the bill mnkaul, secretary (shri manubhai shah, minister of internatiofull trade in the ministry of commerce and industry)

Parliament_bills

f5c5e3e0-76e5-5a6f-a573-352c69fc519b

bill no liv of 2006 the prohibition of littering and defiling of public places bill, 2006 abillto prohibit littering, smoking, spitting and defiling by way of attending the call of naturein public places which are meant for the general public so as to maintain cleanliness, hygiene and healthy atmosphere in and around such public places and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the prohibition of littering and defiling of public places act, 2006 (2) it extends to all the union territoriesshort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state which has adopted this act, the government of that state and in other cases, the central government;(b) "litter" means anything which is likely to cause or contribute to the defilement of the place where it is thrown or left to stink;(c) "publice place" means any place to which the general public, at the material time has, or is entitled or permitted to have access with or without payment and includes road and highway, street, lane, railway station, hospital, bank premises, theatre, court premises, race course, circus, music hall, gymnasium, swimming pool, dancing hall, market shopping mall, park, educational institutions, religious place and such other places3 (1) notwithstanding anything contained in any other law for the time being in force, smoking, spitting, littering urinating, defecating in a public place and defiling or defacement thereof is hereby prohibitedprohibition of smoking, spitting, littering, urinating in public places(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actpenalty4 (1) whoever contravenes the provisions relating to(a) smoking in a public place shall be liable,—(i) in the case of first offence, to a fine of five hundred rupees; and (ii) in the case of second or subsequent offence to a fine of five thousand rupees (b) spitting, urinating defecating in a public place shall be liable to a fine of two thousand rupees(c) littering in a public place shall be liable,—(i) in the case of a first offence to a fine which may extend to one thousand rupees; and(ii) in the case of second or subsequent offence, to a fine which may extend to five thousand rupees (d) defiling or defacement shall be punishable with imprisonment for a term which may extend to one year and also with fine which may extend to one lakh rupees (2) in penalising a person convicted of an offence under this act, the court shall take into consideration not only the purpose of this act but also the risk of diseases or injury resulting to persons or animal or of damage to property 5 for the purposes of this act, the central government shall set up such number of mobile courts as it may deem necessary for carrying out such purposescentral government to set up mobile courtssummary trial of offences6 the mobile courts set up under section 5 may try the offences summarily to deliver instant justice under this actpower to make rules7 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasons in our country littering and defiling of public places is very common people do not hesitate to spit anywhere particularly after chewing paan or consuming paan masala, gutkha, khaini and other tobacco mixed products without bothering about the ill effects of such spitting similarly people can be seen smoking even in 'no smoking zones' or while using public transport many a time people smoke right under the banner reading "somking is prohibited" without bothering for the environment which is polluted by the toxic smoke generated by such smoking the smokers also foreget that they are also compelling nonsmokers to inhale the deadly smoke and to suffer without fault sometimes burning cigarettes or beedi butts are thrown carelessly resulting in devastating fires many a time in the senstitive and important placessimilarly people can be seen urinating or even defecating in public places anywhere along the road side or along any wall including those of important national or historical buildings without bothering about the public health resulting in such areas or walls to stink with odour and germinate various viruses crippling of which cause diseasesit is also a common sight that people leave or throw litter wherever they like including the public places without caring for the health hazard that it may causeit has therefore, become necessary to impose a strict ban on smoking, spitting, urinating, defecating, littering, defacement and defilement so that a healthy atomosphere prevails at public placeshence this bill financial memorandumclause 5 of the bill provides for setting up of mobile courts for carrying out the purposes of the bill the bill, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one hundred crore may involve as recurring expenditure per annuma non recurring expenditure to the tune of rupees five hundred crore may also involve from the consolidated fund of india memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character rajya sabha———— abillto prohibit littering, smoking, spitting and defiling by way of attending the call of nature inpublic places which are meant for the general public so as to maintain cleanliness, hygiene and healthy atmosphere in and around such public places and for matters connected therewith and incidental thereto————(shri em sudarsana natchiappan, mp)mgipmrnd—1778rs(s1)—28-07-2006

Parliament_bills

5b55d03c-f0f5-5161-b6f2-30bb8be64160

bill no xviii of 2013 the medical consultancy and other services (rationalisation of fees) bill, 2013 a billto rationalise the consultancy and other medical services fees for making them affordable for the common man in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the medical consultancy and other services(rationalisation of fees) act, 2013short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "committee" means the medical consultancy and other services rationalisation of fees committee constituted under section 3;(b) "diagnostic laboratory" means a place owned or run by an industrial or agroup of persons or by a private or corporate hospital where pathological tests or investigations are conducted on the advice of a bonafide medical practitioner or consultant;(c) "medical consultancy and other services" includes,—(i) consultancy by qualified medical practitioners in all branches of medicines/surgery including alternative branches, namely, allopathy, homeopathy, ayurveda, unani and siddha, whether in private clinics or in the private or corporate hospitals;5(ii) all such pathological tests as are prescribed by the qualified doctors whether in a private clinic or in a private and/or corporate hospital; and(iii) all such scanning or imaging services, namely, x-ray, ultra sound, mri, ct scan, etc whether in a private clinic or in a private/corporate hospital10(d) "medical practitioner" means a person legally qualified and duly recognized by the medical council of india and engaged in the business of consultancy and providing advice to patients whether as a private practitioner or in a private corporate/ hospital; and(e) "prescribed" means prescribed by rules made under this act153 (1) the central governemnt shall be notification, constitute a committee to be known as the medical consultancy and other services rationalisation of fees committee to determine the fees of a medical practitioner and prices of pathological tests, scanning and imaging(2)the committee shall consist of—20constitution of the medical consultancy and other services rationalisation of fees committee| ( | i | ) the minister of health and family welfare, | - | chairman, ex-officio ||----------------------------------------|-----|------------------------------------------------|-----|------------------------|| government of india | | | | || ( | ii | ) chairman of the department-related | - | member || parliamentary standing committee on | | | | || health and family welfare | | | | || 25 | | | | || ( | iii | ) three representatives of major | - | member || hospitals/laboratory including | | | | || government run hospitals/laboratory | | | | || 30 | | | | || ( | iv | ) three representatives of the | - | member || non-governmental organisation | | | | || in the health sector; | | | | || ( | v | ) two representatives of medical practitioners | - | member || ( | vi | ) one representative each from the national | - | member || political parties | | | | || 35 | | | | || ( | vii | ) secretary to the government of india | - | secretary, ex-officio || ministry of health and family welfare | | | | |(3) members under clauses (iii), (iv) and (v) shall be appointed by the central government in such manner as may be prescribed(4) members under clause (vi) shall be appointed by the central government on the recommendation of the respective political party404 the central government shall provide the committee such assistance as may be necessary for the efficient functioning of the committeecentral government to provide assistance to the committee5 the committee shall discharge the following functions:—functions of the committee(i) fixation of the consultancy fees to be charged by the medical practitionersfrom patients either in their private clinics or in a private hospital/corporate hospital after taking into consideration such factors as may be necessary5(ii) fixation of the rate for the pathological tests and scanning taking into theconsideration the inputs used in carrying out the tests(iii) promotion of the free consultancy for the local community by making itmandatory for the private practitioners to organize free medical camps on a regular basis10| 6 | ( | 1 ||-----------------------------------------------------------------------------------|-------|---------------------------------------------------------------------------------------|| fixed by the committee; | | || mandatory | | || display of | | || consultancy | | || and other | | || fees | | || ( | 2 | ) it shall be mandatory for all the medical practitioner and diagnostic laboratory to || display the fees as decided by the committee in such manner as may be prescribed | | || penalty | | |15| 7 ||---------------------------------------------------------------------------------------------|| imprisonment for a term not less than a year and with fine which may extend up to five lakh || rupees |(2) where an offence under this act has been committed by a company/hospital/laboratory, the license of such company/hospital/laboratory shall be cancelled forthwith20explanation—for the purpose of sub-section (2), "company", means any body corporate, and includes a firm or other association of individualspower to make rules8 (1) the central government may, be notification in the official gazette, make rules for carrying out the purposes of this act25 30(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the 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 statement of objects and reasonsthe medical practitioners are charging exorbitant consultancy fees from patients ranging from rs 500 to rs 2000 per visit the pathological tests and scanning, etc in the private hostpitals are exceedingly expensive and becoming out of reach for the common people the government is committed to provide health services free of cost to its citizens regardless of their economic status however, considering the enormity of our population and the unmatched health facilities, it is imperative that the private practitioners either in their private clinics or in the private/corporate hospitals should provide the medical consultancy at a reasonable price which can be afforded by a common man, particularly when the majority of private hospitals are running on the leased government land and the private clinics do not pay commercial charges for their premises from where they run their clinics the consultancy fee of private medical practitioners is arbitrarily high as a result, the government hospitals are overcrowded with patients in this background, it is felt that the consultancy by the private medical practitioners and other medical services all over the country needs to be rationalizedit is therefore, proposed to constitute a committee to fix the consultancy fees and pathological and other test charges, promote the free medical campus and rationalizes the fees for medical services for the poorthe bill seeks to achieve the above objectives hence, this billrenuka chowdhury financial memorandumclause 3 of the bill provides for constitution of a committee to be known as the medical consultancy and other services rationalisation of fees committee to rationalize the medical services fees clause 4 provides that the central government shall provide assistance to the committee for its efficient functioning the bill, therefore, if enacted, would involve expenditure for the consolidated fund of india it is likely to involve a recurring expenditure of about rupees fifty crore per annum no non-recurring expenditure of is likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details onlythe delegation of legislative power is of a normal character———— a billto rationalise the consultancy and other medical services fees for making them affordable for the common man in the country and for matters connected therewith or incidental thereto————(shrimati renuka chowdhury, mp)gmgipmrnd—2130rs(s3)—08082014

Parliament_bills

4b46767c-200d-52e2-b238-3aa4613d122b

bill no 66 of 2015 the private vehicles (exemption from toll) bill, 2015 by shri prahlad singh patel, mp a billto exempt owners of private vehicles from payment of toll on national highwaysbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the private vehicles (exemption from toll) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "private vehicle" means a vehicle owned by any person for personal use but does not include a commercial vehicle;5(b) "toll" means a fee charged from a driver or owner of a motor vehicle for using any section of a national highway; and(c) "toll plaza" means a structure built on a national highway for the purpose of collecting toll by the national highway authority of india or by any other entity under the public private partnership 3 no toll shall be charged for using any section of any national highway from a person driving in a private vehicle at any toll plaza10exemption to private vehicles from payment of tollpenalty4 any person who violates the provision of section 3 shall be punished with imprisonment for a term which may extend to one year and fine which may extend to ten thousand rupees statement of objects and reasonsthe recent increase in initiatives of public private partnership model infrastructure projects of highways and other roads have satisfactorily increased the safety and security of passengers and speed of vehicular traffic at the same time, it has created additional burden on private vehicle owners as they have to pay user fee at toll plazas on highways even when they use the vehicle for personal purpose most of the times the heavy vehicular traffic leads to long traffic jams causing significant loss of valuable time along with precious fuel causing stress on individual and nations' economy as we have to import petroleum products the share of amount collected from private vehicles is hardly ten per cent of total amount of toll collections therefore, exemption to private vehicles from payment of user fee will not lead to financial burden on national highways authority of india or the agency concerned under public private partnership to save time, protect valuable natural resources, foreign exchange and also environment, it is necessary to exempt the owners of private vehicles from payment of user fee at toll plazas for using any section of national highways for personal purposehence this billnew delhi;prahlad singh patelfebruary 10, 2015 lok sabha———— a billto exempt owners of private vehicles from payment of toll on national highways————(shri prahlad singh patel, mp)gmgipmrnd—4774ls(s3)—04-03-2015

Parliament_bills

4156bad6-7a07-5075-90b1-4d04e5fc5b92

bill no 155 of 2014 the repealing and amending (second) bill, 2014 a billto repeal certain enactments and to amend certain other enactmentsbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the repealing and amending (second) act, 20142 the enactments specified in the first schedule are hereby repealed to the extentmentioned in the fourth column thereofrepeal of certain enactments53 the enactments specified in the second schedule are hereby amended to the extentand the manner mentioned in the fourth column thereofamendment of certain enactmentssavings4 the repeal by this act of any enactment shall not affect any act in which suchenactment has been applied, incorporated or referred to;10and this act shall not affect the validity, invalidity, effect or consequences of anythingalready done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;5nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;nor shall the repeal by this act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force ———— the first schedule10 (see section 2) repeals| year | no | short title | extent of repeal ||-------------------------------------------------------|------------|---------------------------------------------------------|--------------------|| 1999 | 1 | the export-import bank of india (amendment) act, 1998 | the whole || 15 | | | || 1999 | 7 | the high court and supreme court judges (salaries | || and conditions of service) amendment act, 1998 | the whole | | || 1999 | 16 | the salary, allowances and pension of members of | || parliament (amendment) act, 1999 | the whole | | || 2000 | 1 | the recovery of debts due to banks and financial | || institutions (amendment) act, 2000 | the whole | | || 20 | | | || 2000 | 7 | the small industries development bank of india | || (amendment) act, 2000 | the whole | | || 2000 | 12 | the food corporations (amendment) act, 2000 | the whole || 2000 | 15 | the national housing bank (amendment) act, 2000 | the whole || 25 | | | || 2000 | 17 | the salary, allowances and pension of members of | || parliament (amendment) act, 2000 | the whole | | || 2000 | 18 | the leaders and chief whips of recognised parties and | || groups in parliament (facilities) amendment act, 2000 | the whole | | || 2000 | 22 | the major port trusts (amendment) act, 2000 | the whole || 2000 | 23 | the insecticides (amendment) act, 2000 | the whole || 30 | | | || 2000 | 35 | the border security force (amendment) act, 2000 | the whole || 2000 | 39 | the state financial corporations (amendment) act, 2000 | the whole || 2000 | 44 | the multimodal transportation of goods (amendment) | || act, 2000 | the whole | | || 2000 | 55 | the national bank for agriculture and rural development | || (amendment) act, 2000 | the whole | | || 35 | | | || 2001 | 10 | the chit funds (amendment) act, 2001 | the whole || 2001 | 23 | the warehousing corporations (amendment) act, 2001 | the whole || 2001 | 27 | the food corporations (amendment) act, 2001 | the whole || 40 | | | || 2001 | 38 | the government of union territories and the government | || of national capital territory of delhi (amendment) | | | || act, 2001 | the whole | | || year | no | short title | extent of repeal ||-----------------------------------------------------|------------|---------------------------------------------------------|--------------------|| 2001 | 40 | the inland waterways authority of india (amendment) | || act, 2001 | the whole | | || 5 | | | || 2001 | 46 | the salary, allowances and pension of members of | || parliament (amendment) act, 2001 | the whole | | || 2001 | 54 | the explosive substance (amendment) act, 2001 | the whole || 2002 | 14 | the inter-state water disputes (amendment) act, 2002 | the whole || 2002 | 29 | the salaries and allowances of officers of parliament | || and leaders of opposition in parliament (amendment) | | | || act, 2002 | the whole | | || 10 | | | || 2002 | 30 | the sugar development fund (amendment) act, 2002 | the whole || 2002 | 31 | the salaries and allowances of officers of parliament | || (second amendment) act, 2002 | the whole | | || 15 | | | || 2002 | 34 | the salary, allowances and pension of members of | || parliament (amendment) act, 2002 | the whole | | || 2002 | 40 | the general insurance business (nationalisation) | || amendment act, 2002 | the whole | | || 2002 | 42 | the insurance (amendment) act, 2002 | the whole || 20 | | | || 2002 | 51 | the homoeopathy central council (amendment) | || act, 2002 | the whole | | || 2002 | 52 | the indian medicine central council (amendment) | || act, 2002 | the whole | | || 2002 | 55 | the negotiable instruments (amendment and | || miscellaneous provisions) act, 2002 | the whole | | || 25 | | | || 2002 | 56 | the salaries and allowances of officers of parliament | || and leaders of opposition in parliament (second | | | || amendment) act, 2002 | the whole | | || 2002 | 62 | the consumer protection (amendment) act, 2002 | the whole || 30 | | | || 2003 | 7 | the high court judges (salaries and conditions of | || service) amendment act, 2002 | the whole | | || 2003 | 8 | the supreme court judges (salaries and conditions | || of service) amendment act, 2002 | the whole | | || 2003 | 10 | the scheduled castes and scheduled tribes orders | || (amendment) act, 2002 | the whole | | || 35 | | | || 2003 | 11 | the companies (second amendment) act, 2002 | the whole || 2003 | 35 | the delhi high court (amendment) act, 2003 | the whole || 2003 | 37 | the essential commodities (amendment) act, 2003 | the whole || 2003 | 44 | the sixth schedule to the constitution (amendment) | || act, 2003 | the whole | | || 40 | | | || 2003 | 48 | the national bank for agriculture and rural development | || (amendment) act, 2003 | the whole | | || 2003 | 51 | the railways (second amendment) act, 2003 | the whole || year | no | short title | extent of repeal ||----------------------------------------------------|------------|--------------------------------------------------------|--------------------|| 2003 | 58 | the indian medicine central council (amendment) | || act, 2003 | the whole | | || 2003 | 59 | the merchant shipping (amendment) act, 2003 | the whole || 2004 | 4 | the prevention of terrorism (amendment) act, 2003 | the whole || 5 | | | || 2004 | 6 | the citizenship (amendment) act, 2003 | the whole || 2004 | 9 | the salary, allowances and pension of members of | || parliament (amendment) act, 2003 | the whole | | || 2004 | 16 | the foreigners (amendment) act, 2004 | the whole || 10 | | | || 2004 | 24 | the banking regulation (amendment) and miscellaneous | || provisions act, 2004 | the whole | | || 2004 | 30 | the enforcement of security interest and recovery of | || debts laws (amendment) act, 2004 | the whole | | || 15 | | | || 2005 | 19 | the government of union territories and the government | || of national capital territory of delhi (amendment) | | | || act, 2005 | the whole | | || 2005 | 32 | the citizenship (amendment) act, 2005 | the whole || 2005 | 40 | the sree chitratirunal institute for medical sciences | || and technology, trivandrum (amendment) act, 2005 | the whole | | || 2005 | 45 | the warehousing corporations (amendment) act, 2005 | the whole || 20 | | | || 2005 | 46 | the high court and supreme court judges (salaries and | || conditions of service) amendment act, 2005 | the whole | | || 2006 | 2 | the criminal law (amendment) act, 2005 | the whole || 25 | | | || 2006 | 5 | the government of union territories and the government | || of national capital territory of delhi (amendment) | | | || act, 2006 | the whole | | || 2006 | 6 | the contempt of courts (amendment) act, 2006 | the whole || 2006 | 26 | the reserve bank of india (amendment) act, 2006 | the whole || 2006 | 40 | the salary, allowances and pension of members of | || parliament (amendment) act, 2006 | the whole | | || 30 | | | || 2006 | 45 | the banking companies (acquisition and transfer of | || undertakings and financial institutions laws | | | || (amendment) act, 2006 | the whole | | || 2006 | 54 | the essential commodities (amendment) act, 2006 | sections 2 to 5 || 2007 | 17 | the banking regulation (amendment) act, 2007 | the whole || 35 | | | || 2007 | 18 | the national tax tribunal (amendment) act, 2007 | the whole || 2007 | 30 | the state bank of india (subsidiary banks laws) | || amendment act, 2007 | the whole | | || 2007 | 32 | the state bank of india (amendment) act, 2007 | the whole || 2007 | 35 | the inland vessels (amendment) act, 2007 | the whole || 40 | | | || 2007 | 40 | the merchant shipping (amendment) act, 2007 | the whole || year | no | short title | extent of repeal ||------------------------------------------------------|------------|------------------------------------------------------------------|--------------------|| 2008 | 4 | the sugar development fund (amendment) act, 2008 | the whole || 2008 | 30 | the salaries and allowances of officers of parliament | || (amendment) act, 2008 | the whole | | || 5 | | | || 2009 | 5 | the code of criminal procedure (amendment) act, 2008 | the whole || 2009 | 11 | the supreme court (number of judges) amendment | || act, 2008 | the whole | | || 2009 | 20 | the agricultural and processed food products export | || development authority (amendment) act, 2009 | the whole | | || 10 | | | || 2009 | 23 | the high court and supreme court judges (salaries | || and conditions of service) amendment act, 2009 | the whole | | || 2009 | 48 | the state bank of saurashtra (repeal) and the state | sections || bank of india (subsidiary banks) amendment act, 2009 | 3 to 11 | | || 2010 | 27 | the state bank of india (amendment) act, 2010 | the whole || 15 | | | || 2010 | 37 | the salary, allowances and pension of members of | || parliament (amendment) act, 2010 | the whole | | || 2010 | 41 | the code of criminal procedure (amendment) act, 2010 | the whole || 2010 | 43 | the indian medicine central council (amendment) | || act, 2010 | the whole | | || 20 | | | || 2011 | 7 | the state bank of india (subsidiary banks) amendment | || act, 2011 | the whole | | || 2011 | 17 | the state bank of india (subsidiary banks laws) | || amendment act, 2011 | the whole | | || 2012 | 5 | the new delhi municipal council (amendment) act, 2011 the whole | || 25 | | | || 2012 | 8 | the life insurance corporation (amendment) act, 2011 | the whole || 2012 | 11 | the export-import bank of india (amendment) act, 2011 | the whole || 2012 | 26 | the north-eastern areas (reorganisation) and other | || related laws (amendment) act, 2012 | the whole | | || 30 | | | || 2012 | 36 | the chemical weapons convention (amendment) | || act, 2012 | the whole | | || 2013 | 1 | the enforcement of security interest and recovery of | || debts laws (amendment) act, 2012 | the whole | | || 2013 | 4 | the banking laws (amendment) act, 2012 | the whole || 2013 | 27 | the wakf (amendment) act, 2013 | the whole | the second schedule (see section 3) amendments| year no | short title | amendments ||---------------------------------------------|-------------------------------------------|----------------------------------------------|| 5 | | || 2008 | 11 the railways (amendment) act, 2008 | in section 2,–– || ( | | || i | | || ) the words and figure "section 2 of" shall | | || be omitted; | | || 10 | | || ( | | || ii | | || ) after the brackets and words | | || "(hereinafter referred to as the principal | | || act)", insert the words and figure "in | | || section 2" | | || 2008 | 22 the indian maritime university | in section 2, for the words "in all statutes || act, 2008 | made hereunder", substitute the words "in | || the statutes made thereunder" | | | statement of objects and reasonsthis bill is one of those periodical measures by which enactments which have ceased to be in force or have become obsolete or the retention whereof as separate acts is unnecessary are repealed or by which the formal defects detected in enactments are corrected2 the notes which follow explain the reasons for the amendments suggested in such of those items of the bill in respect whereof some detailed explanation is necessary3 clause 4 of the bill contains a precautionary provision which it is usual to include in the bill of this kindnew delhi;dv sadananda gowdathe 2nd december, 2014 notes on the second schedule1 the railways (amendment) act, 2008—the amendment proposed to the act seeks to rectify the mistake that had inadvertently crept in at the time of enactment of the act2 the indian maritime university act, 2008— the amendment proposed to the act seeks to rectify patent errors annexure extract from the railways (amendment) act, 2008 (11 of 2008) amendment of section 224 of 19892 in section 2 of the railways act, 1989 (hereinafter referred to as the principal act),— ———— extract from the indian maritime university act, 2008 (22 of 2008) definitions2 in this act, and in all statutes made hereunder, unless the context otherwise requires,— lok sabha———— a billto repeal certain enactments and to amend certain other enactments————(shri dv sadananda gowda, minister of law and justice)

Parliament_bills

23287c9a-15ed-52c2-b157-3a81650046ef

bill no 36 of 2016 the constitution (amendment) bill, 2016 byshri kunwar pushpendra singh chandel, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20162 in the eighth schedule to the constitution,—amendment of the eighth schedule5(a) the existing entries from 4 to 9 shall be re-numbered as entries 5 to 10,respectively and before entry 5 as so renumbered, the following entry shall be inserted, namely:—"4 bundeli"; and10(b) the existing entries from 10 to 22 shall be renumbered as entries 12 to 24 andbefore entry 12 as so renumbered, the following entry shall be inserted, namely:—"11 kumaoni" statement of objects and reasonsbundeli language has its own glorious history the very mention of bundeli emerges a picture of such culture and region that does not show its reluctance to even sacrifice one's life the 'alha-udal' drama of bundelkhand region is world famous bundeli language has been in use for official purposes for more than one hundred years and as per 2001 census nearly three crore people belonging to various states use this language bundeli language is the fulcrum of identity and contact for these peoplebesides bundeli, kumaoni language too has its illustrious background kumaoni was official language of chandel rulers of uttarakhand and even today it continued to be local language in the region in various states of the country, nearly 25 crore people use kumaoni in their day to day interaction kumaoni literature is fairly enriched and is frequently used in public literature as well as in conventionsboth the languages, that are historically and traditionally enriched ones, are being subjected to gross neglect these days both of these languages run the risk of losing their existence and call for assistance on the part of the government it is unavoidable and desirable both on having been included in the eighth schedule, the usage and popularity of these languages shall spread all acrossneither of these two languages has so far been in the scheme of examination being conducted by the union public service commission as a result students proficient in these languages cannot use them in the examination by including these two languages in the eighth schedule, avenues of employment shall also be generated therefore, these two languages call for inclusion in the eighth schedule to the constitution with immediate effect in order that they may receive their due recognitionhence this billnew delhi;kunwar pushpendra singh chandelfebruary 9, 2016 annexure extract from the constitution of india eighth schedule[articles 344(1) and 351]languages1assamese2bengali3bodo4dogri5gujarati6hindi7kannada8kashmiri9konkani10maithili11malayalam12manipuri13marathi14nepali15oriya16punjabi17sanskrit18santhali19sindhi20tamil21telugu22urdu lok sabha———— a billfurther to amend the constitution of india————(shri kunwar pushpendra singh chandel, mp)gmgipmrnd—4261ls(s3)—26-02-2016

Parliament_bills

18e06054-e422-5d30-a685-3fe06d97b7ef

bill no 124 of 2016 the welfare of homeless persons living near railway tracks, railway yards and railway land bill, 2016 by shri ajay misra 'teni', mp a billto provide for welfare and rehabilitation measures to be undertaken by central government for the homeless citizens living near railway tracks, railway yards and railway land in metropolitan cities and other urban areas and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "persons living near railway tracks" include persons living near railway tracks or bridges or yards or under over-bridges or at any public place and land of the railway in metros and urban areas;(c) "prescribed" means prescribed by rules made under this act; and (d) "railway" means the union ministry of railways103 (1) the central government shall, within one year of the commencement of this act, in consultation with state governments and union territory administrations, formulate a national policy for the welfare of homeless persons living near railway tracks, which shall be uniformly implemented across the country15(2) without prejudice to the generality of the foregoing provisions, the national policy may provide for—formulation of national policy for the welfare of homeless persons living near the railway tracks(a) recognition of the right of the persons living near railway tracks to keep living near railway tracks without any hindrance or interference from police or civic authorities till alternative shelter is made available to them;20(b) rehabilitation of persons living near railway tracks on the land of railway, wherever possible;(c) humanitarian approach towards homelessness and acute poverty of persons living near railway tracks;25(d) construction of sufficient number of night shelters with basic facilities at conspicuous places;(e) provision of necessary healthcare with free checkup including diagnostic services and medicines through mobile dispensaries;(f) provision of potable water;30(g) facility of mobile toilets or sulabh shauchalya, wherever possible, with facility of bathing;(h) provision of medical facilities for pregnant women living near railway tracks;(i) provision of two time meal for persons living in night shelters at minimum cost;(j) free distribution of mosquito nets and provision of ambulance facility to protect them from malaria, dengue and other vector borne diseases;35(k) free education to the children of persons living near railway tracks including provision of free books, uniform, stationery, shoes, hostel facility and other educational material and vocational training and career counselling for the development of such children;40(l) necessary assistance in cash or in kind and advice and skill development for self-employment of persons living near railway tracks;(m) rehabilitation of persons engaged in begging in a time bound manner; and (n) such other measures as may be necessary for the purposes of this act4 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds, from time to time, for carrying out the purposes of this actcentral government to provide requisite funds5power to remove difficulty5 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and the appropriate government shall be guided on questions of policy by such directions and instructions as may be given by the central government:provided that no such order shall be made after the expiry of two years from the date of commencement of this act10act to have overriding effect6 (1) the provisions of this act and rules made there under shall have effect notwithstanding anything incosistent therewith contained in any other law for the time being in force(2) the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this act15power to make rules7 (1) the central government may by notification in the official gazette make rules for carrying out the purposes of this act2025(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 the 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 statement of objects and reasonsa large part of our population is living near railway tracks, yards, below the railway bridges and on the land of railways whereas railway needs its own land to meet its increasing demand, the persons living near railway tracks and yards are compelled to live there due to poverty and non-availability of dwelling units for homeless persons most of the persons living in illegal settlements in these places are struggling with poverty, starvation and unemployment and lack of facilities of water, health and education as a result, the number of sick persons are increasing due to adverse effect of unhygienic conditions on their health these persons are being drawn towards crime due to insecurity and unemployment and lack of proper permanent settlement and this affects the society at largetherefore, it is necessary that the government rehabilitates these homeless persons living on the land of railways and if it is not possible, rehabilitate them at some other convenient places it has also to be ensured that they are not removed from their places till any alternate arrangement is made for their rehabilitation moreover, health, education, drinking water and employment should also be provided to themhence this billnew delhi;ajay misra 'teni'april 11, 2016 financial memorandumclause 3 of the bill provides for formulation of national policy for the welfare of homeless persons living near the railway tracks, which shall include, inter alia, rehabilitation of persons living near railway tracks on the land of railway, wherever possible, construction of sufficient number of night shelters with basic facilities, provision of necessary healthcare with free checkup including diagnostic services and medicines through mobile dispensaries, facility of mobile toilets, two time meals, distribution of mosquito nets, free educational facilities to the children and financial assistance to these persons clause 4 provides that the central government shall provide requisite funds to the state governments for carrying out the purposes of this bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five thousand crore will be involved as recurring expenditure per annuma non-recurring expenditure to the tune of rupees ten thousand crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for welfare and rehabilitation measures to be undertaken by central government for the homeless citizens living near railway tracks, railway yards and railway land in metropolitan cities and other urban areas and for matters connected therewith or incidental thereto————(shri ajay misra 'teni', mp)gmgipmrnd—406ls(s3)—03052016

Parliament_bills

9c7f9d8b-d751-5006-882c-7174f38d5260

the indian railways (second amendment) bill, 1961(as introduced in lok sa8ha on 28th november, 1961) the indian railways (secojs]) amendment) bill, i¢>i (as introduced in lok sabra) a billfurther to amend the indian railway act, 1890 be it enacted by parliament in the twelfth year of the republic of india as follows:~ i 1 this act may be called the indian railways (second amend- short tide ment) act, 1961 9 of 1890 5 2 in section 82a of the indian railways act, 1890 (hereinafter amendment referred to as the principal act), in sub-section (2), for the words ohection "ten thousand rupees", the words "twenty thousand rupees" shall 82\ be substituted 8 ot 1923 3 for section 82h of the principal act, the following section shall substitution 10 be substituted, namely:"""; '1' ofn~w section for tcction 82h "82h (1) the right of any person to claim compensation saving alto under section 82a shall not affect the right of any such person to ~rtain recover compensation payable under the workmen's compensa- rights tion act, 1923 or any other law for the time being in force; but is no person shall be entitled to claim compensation more than once in respect of the same accident 20 (2) nothing in sub-eection (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compenaation for death or personal injury or f()r damage to property or any um payable under any policy of insurance": ! amendment ot"section 126 4 in section 126 of the principal act, for the words "with transportation for life or with imprisonment for a term which may extend to ten years", the following shall be substituted, namely:-"with imprisonment for life or with rigorous inlprisonment for a term which may extend to ten years: 5 provided that in the absence of special and adequate reasons 1;0 the contrary to be mentioned in the judgment of the court, where a person is prescribed with rigorous imprisonment, such rigorous imprisonment shall-(a) in the case of a first conviction, be not less than 10 three years, or ('b) in the case of a subsequent conviction, be not less than seven years" 5 in section 127 of the principal act, for the words "transportation for life", the words "imprisonment for life" shall be substituted is amendment oflection 127· amendment ofaection 128 6 in section 128 of the principal act, for the words "with 1mprisonment for a term which may extend to two years", the following shall be substituted, namely:-"with imprisonment for a term which may ext~nd to five years: 20 provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall-(a) in the case of a first conviction, be not less than six months, or (b) in the case of a subsequent conviction, be not less than two years" statement of objects and reasonsunder section 82a of the indian railways act, 1890, the maximum liability of the railway administration for loss occasione« by the death of a passenger dying as a result of a railway accident aad for personal injury and loss of property is limited to rs 10,000 in respect of anyone person in view of the present increased colt of living and the per capita income, it is proposed to raise thij limit to rs 20,000 section 82h of the act provides that the right to claim compensation under section 82a does not affect the right to claim compensation under the workmen's compensation act or any other law for the time being in force this has been interpreted to mean that, ia respect of the same accident, claims may be made' for compensatior under the railways act as well as under the workmen's compensation act or any other law prima facie, there seems to be no reason why compensation should be paid under more than one law especially when the railway has assumed liability whether there is negligence on the part of the railway or not and also when the maximum limit of liability is to be increased to rs 20,000 it is accordingly proposed to restrict the right to claim compensation under anyone of the laws referred to above this does not, however, affect the right to claim compensation under any contract or scheme or policy of insurance section 126 of the act provides a penalty of imprisonment which may extend to 10 years in practice, however, the courts haye usually let off the criminals with lighter punishments which have not proved to be sufficiently deterrent it is, therefore, proposed to amend the section so as to provide for a minimum punishment unle there are special and adequate reasons for not awarding the minimum sentence it is also proposed to amend section 128 (which deals with a cognate offence) on similar lines the bill is intended to give effect to the above proposals opportunity has also been taken to make certain other amendment of - formal nature new delhi; jagjivan ram the 21st november, 1961 financial memorandumunder section 82a (2) of the indian railways act, the maximum limit of liability of the railway administration in respect of anyone person is rs 10,000 clause 2 of the bill seeks to increase this maximum limit to rs 20,000 in view of the increase in the maximum limit of compensation, it will be necessary to revise the rates at which compensation is payable this involves additional expenditure from the consolidated fund of india it is estimated that the additional expenditure on this account will approximately be rs 8 lakhs per annum; in other words, the total expenditure is likely to be rs 135 lakhs as against rs 5·5 lakhs at present :\~ ' annexure extracts from the indian rail~ays act, 1890(9 of 1890) 82a, liability of railway administration (2) th i ' b'l't f 'i d' 't t' d thi ,in respect or e la 11 y 0 a ral way a mmls ra ion un er s section lccidcnts'to shall in no case exceed ten thousand rupees in respect of any one ~rain8 can'j'" inl gers as ed-person - - - - 82h nothing contained in the foregoing sections relating to the sa\'l~1 al to right of any person to claim compensation under section 82a shall ~:~~ affect the right of any such person to recover any compensation pay-~ of 1923, able under the workmen's compensation act, 1923, or any ather law for the time being in force or under any contract or scheme providing for payment of compensatio:1 for death or personal injury or for damage to property or any sur! payable under any policy of insurance, 126, if a person unlawfully-maliciously wrcckin, or any wood attemptiol , to wreck a train (a) puts or throws upon or across any railway stone or other matter or thing, or (b) takes up, removes, loosens or displaces any rail, sleeper or other matter or thing belonging to any railway, or (c) turns, moves, unlocks or diverts any points or other machinery belonging to any railway, or (d) makes or shows, or hides or removes, any signal or light upon or near to any railway, or (e) does or causes to be done or attempts to do any other act or thing in relation to any railway, with intent, or with knowledge that he is likely, to endanger the safety of any person travelling or being upon the railway, he shall be punished with transportation for life or with imprisonment for a term which may extend to ten years, maliciously 127 if a person unlawfully throws or causes to fall or strike at, hurting or against, into or upon any rolling-stock forming part of a train any ~~~~pt~'n~ wood, stone or other matter or thing with intent, or with knowledge tr~"efling by that he is likely, to endanger the safety of any person being in or railway upon such rolling-stock or in or upon any other rolling-stock forming part of the same train, he shall be punished with transportation fc'r life or with imprisonment for a term which may extend to ten years endangering 128 if a person, by any unlawful1lct or by any wilful omission or =-;'~na ;:_ neglect, endangers or causes to be endangered the safety of any ve,liina br person travelling or being upon any railway, or obstructs or causes =ilfui~ tz to be obstructed or attempts to obstruct any rolling-stock upon any omit,iod railway, he shall be punished with imprisonment for a term whic1 may extend to two years - - - - - a bill further to amend the indian railways act, 1890the president has, in pursuance of clauses (i) and (3) cf article 117 of the constitution of india, recommendt:d to lok sabha the introduction and cl'nsideration of the bill m n kaul, secretary (shrijagjiwan ram, mimster of railways)

Parliament_bills

8922e162-c7e8-5b36-8109-d50bcf9251d6

bill no 73 of 2014 the indian penal code (amendment) bill, 2014 by shri baijayant panda, mp a bill further to amend the indian penal code, 1860be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint545 of 18602 for section 124a of indian penal code 1860, the following section shall be substituted, namely:—substitution of new section for section 124a10advocating overthrow of government by force or violence"124a whoever, knowingly or wilfully, by words, either spoken or written, or by signs, or by visible representation or otherwise, advocates the overthrow of the government or an institution established by law, by use of force or violence or by assassinating or kidnapping any employee of such government or institution or any public representative or provokes another person to do such acts shall be punished with imprisonment which may extend to seven years, or with fine or with bothexplanation—mere criticism or comments expressing disapproval of any act of the government shall not constitute an offence under this section" statement of objects and reasonsthe debate around section 124a of the indian penal code, 1860 (ipc) is not new this section penalizes sedition and was first introduced by the then british colonial regime in the year 1870 to deal with people spreading disaffection against the government mahatma gandhi described it as the "prince among the political sections of the ipc designed to suppress the liberty of the citizen" gandhiji himself was charged with sedition many a times under this section other victims of this law include renowned nationalists like bal gangadhar tilak and annie besantseveral members of the constituent assembly—km munshi and ttkrishnamachari—in particular had questioned the relevance of such a law in a modern democracy even pandit nehru had termed it as "highly objectionable and obnoxious" however, section 124a not only remains in the statute book, but continues to be used regularly there are several instances when this section has been misused by authorities and applied frequently against innocent civilians, activists, journalists and political opponentsrecently, the arrest of anti-corruption activist and cartoonist assem trivedi on charges of sedition for making caricatures of parliament, constitution and the national emblem created huge public outcry it is important to note that this was not a one-off incident previously, the sedition law had been applied to civil rights activist binayak sen and writer arundhati roythis raises serious questions about the relevance of this law in a modern constitutional democracy mahatma gandhi, during his trial in 1922 had said, "affection cannot be manufactured or regulated by the law if one has no affection for a person, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote or incite violence" the supreme court has also taken a similar stand while evaluating the constitutional validity of this section in the kedar nath vs state of bihar case, wherein the court clearly laid down that the section should be applicable only for acts that incite violence or public disorder the problem thus lies at the lower courts and the investigating authorities that continuously disregard supreme court's interpretation of the lawif we compare the said provision in our statute book with other countries, we find that in most developed countries, the crime of sedition has been abolished from their statute books united kingdom and new zealand have abolished it australia has also toned it down considerably it has been used rarely in the united states and the courts have given wide protection to persons giving political speech, except in cases where it leads to lawlessness the offence of sedition is considered unnecessary and inappropriate in modern liberal democracies, where the right of the citizen to criticise and challenge government structures and processes is well acceptedthus, this bill seeks to replace section 124a of indian penal code with a new section that allows for exchange of ideas, however unpopular or radical they may be it specifically excludes criticism of the government from the ambit of the section however, it imposes some reasonable restrictions on the exercise of this freedom by penalizing people who advocate the overthrow of government by force or violence or by assassination or kidnapping of government employees or public representatives the maximum punishment is also reduced from life imprisonment to seven yearsthese changes are aimed at safeguarding the right of the citizens to freedom of expression, while at the same time ensuring that unfettered freedom of some does not lead to violence or disorder for othershence this billnew delhi;baijayant pandajuly 7, 2014 annexure extract from the indian penal code, 1860 (45 of 1860) sedition124 whoever by words, either spoken or written, or by signs, or by visible representation or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in [india,] shall be punished with [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fineexplanation 1—the expression "disaffection" includes disloyalty and all feelings of enmityexplanation 2—comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this sectionexplanation 3—comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contemt or disaffection, do not constitute an offence under this section ———— a billfurther to amend the indian penal code, 1860————(shri baijayant panda, mp)gmgipmrnd—1433ls(s3)—24-07-2014

Parliament_bills

3ba18b8b-e4cd-53ba-a658-d53cdd2bcb8e

to be introduced in lok sabhaas introduced in lok sabha bill no 204 of 2017 the dentists (amendment) bill, 2017 a billfurther to amend the dentists act, 1948be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the dentists (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, bynotification in the official gazette, appoint16 of 1948amendment of section 32 in section 3 of the dentists act, 1948 (hereinafter referred to as the principal act),in clause (f), the words and letter "and at least two shall be dentists registered in part b of astate register" shall be omitted3 in section 21 of the principal act, clause (b) shall be omittedamendment of section 21104 in section 23 of the principal act, clause (b) shall be omittedamendment of section 23 statement of objects and reasonsthe dentist act, 1948 (the act) was enacted with a view to regulate the profession of dentistry section 3 of the act provides for the constitution of the dental council of india (council) for promoting dental education and dental profession in india section 31 of the act provides that the council shall maintain a register of dentists known as the indian dentists register which consists of entries in all the state register of dentists the register of dentists shall be maintained in two parts, namely part a and part b, part a consisting of all dentists possessing recognised dental qualifications and part b which contains persons not holding such qualifications but engaged in practice of dentistry as principal means of livelihood for a period not less than five years prior to the date appointed under section 322 registration under part b was allowed from a date prior to the commencement of the act ie 29th march, 1948 for the persons displaced during partition and displaced from bangladesh or repatriated from burma or ceylon after 14th april, 1957 and before 25th march, 1971 however, no person has been registered in part b after the year 1972 there are approximately 950 dentists registered in part b against 16 lakh dentists registered in part a moreover, only few states and union territories like west bengal, kerala, jammu and kashmir, puducherry, punjab and delhi have dentists registered in part b3 section 3 of the act provides that the central government nominates six members to the council as central government nominees, of whom at least two shall be dentists registered in part b of a state register the act also provides for the constitution of state dental councils with four members and joint state dental councils with two members elected from among themselves by dentists registered in part b of the state register4 in view of above, it is proposed to amend the dentists act, 1948 so as to take away the mandatory requirement of the representation of part b dentists in the council, state dental councils and joint state dental councils5 the proposed dentists (amendment) bill, 2017, provides for the following, namely:—(a) to amend clause (f) of section 3 of the act relating to membership of council so as to omit the provision for nomination of at least two members registered in part b;(b) to omit clause (b) of section 21 of the act relating to election of four members from part b to the state dental councils; and(c) to omit clause (b) of section 23 of the act relating to election of two members from part b to the joint state dental councils 6 the bill seeks to achieve the above objectivesnew delhi;jagat prakash naddathe 21st november, 2017 annexure extracts from the dentists act, 1948 (16 of 1948) chapter ii dental council of india3 the central government shall, as soon as may be, constitute a council consisting of the following members, namely:—constitution and composition of council(f) six members nominated by the central government, of whom at least one shall be a registered dentist processing a recognised dental qualification and practising or holding an appointment in an institution for the training of dentists in a union territory, and at least two shall be dentists registered in part b of a state register; chapter iii state dental councils21 except where a joint state council is constituted in accordance with an agreement made under section 22, the state government shall constitute a state council consisting of the following members, namely:—constitution and composition of state councils(b) four members elected from among themselves by dentists registered in part b of the state register; 23 a joint state council shall consist of the following members, namely:—composition of joint state councils(b) two members elected from among themselves by dentists registered in part b of the state register of each of the participating states; lok sabha———— a billfurther to amend the dentists act, 1948————(shri jagat prakash nadda, minister of health and family welfare)

Parliament_bills

937eccc2-1519-502d-8b07-c08da2d6cf5d

biltno~, 38 of,1179 the pondicherry appropriation bill, 1979 a billto authorise payment and appropriation 0/ certain further sums from and out of the consolidated fund of the union territory of pondichef'f'y [0'1' the services of the financial year 1978-79 be it enacted by parliament in the thirtieth year of the republic of india as follows:-1 this act may be called the pondicherry appropriation act, 1979 short title i from and out of the consolidated fund of the union temtory of 5 pondicherry there may be paid and applied sums not exceedi1'lg those specified in column 3 of the schedule amounting in the aggregate to the sum()f three crores, sixty leiths and tw~ty-three thousand rupees towards defraying the several charges which will come in course of payment during the financial year'1978-79, in respect of the services specified in 10 column 2 of the schedule issue of a 3,60,23,000 from and out ot the consoli dated fund of the union territory of pond!-cherry tor the ftnanclal year 1978·79 appropriation 3 the sums authorised'to'be paid and applied from and out of the consolidated fund of the union territory of pondicherry by this act shall be appropriateafor' the semcesand purposes expressed in the schedule in relation to the said year | no | "----servi--· ||---------------------------------------------|------------------|| cl's--ad-d-p-ui'pciki-----~ | || sums not | || excecdid, | || ba | || ri | || ri | || dc· | || i | || i | || v~te | || i | || voted | || by | || chiuljcd | on || parliament | the || conioli- | || 5 | || 1'otal | || i | || datccl | || fudd | || --------------------i-------~-------~------ | || i | || i | || revrduc | || i | || 54-,000 | || 10 | || 2 | || i | || adminiltrator | || 311,000 | || 3 | || 2 | || ,000 | || revenue | || 4 | adminutration || j | || uauce | || 10,000 | || 10,000 | || revalue | || 7 | sales || 53,000 | || revenue | || 90,000 | || revenue | || 90,000 | || 8 | taxes || on | || vehicles | || i | || 9 i | || secretariat | || 10 | || dutrict | adaainutration || revenue | || capital | || revenue | || 86,000 | || ii | || treasury | || add | || acc:oudti | || adminiltration | - || revenue | || 12 | || i' | || police | || 3,88,000 | || 20 | || , | i! || laellreiaeatt'bei1c!at | || i | || i~-+ | || ___ | _, || \' | || revenue | || "=r' | || revenue | || 17 | || ! | || puhl;ic | || w~! | || 1 | || i | || 8 | || i ed | || i | || i | || ucauon | || revenue | || rcycdue | || 1,111,000 | || i | - || 19 | i medical || i | || 110 | ; || information | || and | || polblicity | || i " | || , | || r~ue | || 21 | || ~ | || | || knal»ra-eat | || | || " | || | || 22 | || social | || welfare | || i " | || 41,000 | || reveoue | || capital | || capital | || i | || 23 | || i | || co-opbratiod | || , | || 30 | || 15,000 | || revenue | || 2411 | || miacellaneoua gcueral | || bcxmondc servicea - | || '5,000 | || 1,40,000 | || :\ | i || 2 | || 5 | a,rieulture || s,8t,ooo | || 5,69,000 | || revenue | || capital | || 8043,000 | ' || 5,69,000 | || ·00000tal | || ',117,000, | || , | jleyeaue || '8,118,000 | || • | ',saooo || 35 | || 1~hui~ | || t | || 27 | || filberts | ' || , 11,116,000 | || i~ | || regedue | || capital | || 11,0&,000 | || ,u,ooo | || 28 | || i | || c,rna:diidlty | || development | || i | ' || induatries - | || pooo | || 10,17,000 | || llevedue | || ' | opltal || p,ooo | || o,37eoo | || revenue | || 87,000 | || 3 | || 0 | || food | || add | || nutridod~ | || 3 | || 1 | || blcctrici | || ty - | || revenue: | || capital | || revenue | || 32 | porta || and | pilotare || revenue | || capital | | t;,_ lok sabra corri g&\jdt;~/; fo r "bene fi til read "benefits" ~ / i-::~f, 2, al~ainst vote no16, it] ('oljlmh ?, nnder the heb,d "set'7ices and p1,~rp()se s";-l to bel as jij"~roguced ir, ink s!:l!,hhaj l~ew delhi; tfe ~'o~'~dlr;f8ftrt ;\ppp,,(,f'nt atj:)l~ br,l, 197~ 17 ~979 , marc: ,1 , ~'):~c - slma ~ , 1900 (saka) statement olt' objects and reasonsthis bill is introduced in pursuance of sub-section (1) of section 29 of the government of union territories act, 1963, read with section 30 there of and the order of the president made on the 12th november, 1978 under section 51 of that act, to provide for the appropriation out of the consolidated fund of the union territory of pondicherry of the moneys required to meet the supplementary expenditure charged on the con solidated fund of the union territory of pondicherry and the grants made by the lok sabha for the expenditure of the union territory of pondi cherry for the financial year 197879 satish agarwal president's recommendation under the government of union territories agt, 1963[copy of letter no f 3 (132) -b (s) 178, dated the 12th 'march, 1~79 from shri satish agarwal, minister of state'in the ministry of finance to the secretary, lok sabha] the president, having been informed ot the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the union territory of pondicherry f<>r the services of the financial year ending on the 31st march, 1979, recommends under sub-sections (1) and (3) of section 23 of the government of union territories act, 1963, read with sub-sectlod (2) of section 30 thereof and the order made by him on the 12th november, 1978 under section 51 of the said act, the introduction of the pond!-cherry appropriation bill, 1979 in and the consideration o~ the bill by lok sabha 2 the bill will be introduced in the lok sabha immediately after the supplementary demands for grants for expenditure of the union territory of pondicherry for the year 1978-79 have been voted a biijto authorise payment and appropriation of certain further sums from and out of the consolldated fund of the union territory of pondicherry for the services of the finaricial year 1978-79 (shri satish agarwal, minister of state in the ministry of finance)

Parliament_bills

e344eba5-5222-5baf-b185-10e754d1cac9

bill no 207 of 2018 the population (stabilization & planning) bill, 2018 by shri anurag singh thakur, mp a billto provide for a comprehensive policy towards stabilizing the population of the country byproviding voluntary and safe access to methods of contraception, establishment of a population planning agency, promotion of schemes that incentivizes the small family norm, creating awareness on family planning and providing access of education to empower every girl child and for all matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india, as follows:—1 (1) this act may be called the population (stabilization and planning) act, 2018short title, extent and commencement(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 notificationin the official gazette, appoint52 in this act, unless the context otherwise requires,—definitions(a) " agency" means the national population planning agency constituted under section 3;(b) " appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(c) " hospital" means any private and public healthcare institutions that provides general, critical care or specialized healthcare;5(d) "prescribed" means prescribed by rules made under this act; and (e) "small family" means a family having two living children or less3 (1) the central government shall, within one year of the coming into force of this act constitute an agency to be known as the national pupulation planning agency for carrying out the purpose of this actconstitution of a national population planning agency10(2) the agency shall consist of:—(a) secretary, ministry of health and family welfare - ex-officio, chairperson; (b) chairperson, national commission for women—ex-efficio member;(c) secretary, ministry of women and child development —ex-officio member;(d) secretary, ministry of social justice and empowerment—ex-officio, member;15(e) secretary, ministry of human resource development—member; and (f) two persons, with experience of at least fifteen years in the social sector, one of whom shall be a women; (3) the central government shall appoint such number of officers and staff as it considers necessary for the functioning of the agency20(4) the salary and allowances payable to and terms and conditions of services of the members, officers and staff of the agency shall be such as may be prescribed4 the agency shall:—functions of the agency(a) conduct nation-wise surveys at an interval of every five years to assess the growth in population and trends;25(b) ensure dissemination of proper information regarding safe family planning methods such as contraception and spacing between births;(c) include in school curriculum a proper syllabus on the importance of pupulation stabilization;30(d) formulate schemes to provide for education up to college level for the first child and to the second child only if gap between the two is greater than three years;(e) establish recreational centres at panchayat level to host traditional art forms and also use them as medium to disseminate messages regarding family planning;(f) undertake, promote and publish studies relating to the indian pupulation;35(g) conduct awareness campaigns relating to medical procedures regarding birth control; and(h) undertake such other activities as may be prescribed by the central governmentmeetings of the agency5 the agency shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed40 6 (1) the appropriate government shall establish family planning quality assurances committees at the state and district level(2) the committee shall,—(a) ensure quality care in family planning services through accreditation of every hospital or clinic providing such services;establishment of family planning quality assurance committees at state and district level(b) conduct regular inspections to ensure that services are disseminated in accordance with standards established by the committee; and(c) establish a citizen's grievance redressal mechanism to assess into faulty disservice at any clinic or hospital57 notwithstanding anything contained in any law for the time being in force, every person, who adopts the small family norm, shall be entitled to—incentive based population control measures(a) one additional increment as incentive if the person is employed with thecentral or the state government;(b) free healthcare at all the public healthcare institutions for the entire family;10(c) subsidised education for the children at public schools; and (d) receive such other benefits as may be precribed by the central governmentfrom time to time158 the appropriate government shall ensure that people have access to quality and affordable contraceptive devices, medicines and healthcare pertaining to family planning and matters incidental and consequential theretoaccess of safe and voluntary family planning measures9 the appropriate government shall—access to quality education to the girl child(a) ensure that measures are taken to secure the right to education of goodquality for women and girls, on an equal basis with men and boys, and that they complete a full course of primary education; and20(b) review efforts to improve and expand the education of girls and women at alllevels, including at the secondary and higher levels, as well as vocational education and technical traning, in order to, inter alia achieve gender equality, empowermentof women and poverty eradication2510 the central government shall, after due appropriation made by parliament bylaw in this behalf, from time to time, provide requisite funds for carrying out the purposes of this actcentral government to provide funds power to remove difficulties 11 if any difficulty arises in giving effect to the provisions of this act, the central government, in consultation with the state governments, may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:30provided that no such order shall be made under this section after the expiry of three years from the commencement of this actpower to make rules12 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of this act35 40(2) every rule made under this act by the central government shall be laid, as soon asmay be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the 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 rule40(3) every rule made by the state government under this act shall be laid, as soon asmay be after it is made, before the state legislature statement of objects and reasonsindia is the third most populous country in the world despite the fact that it was the first country to enact a national population control policy conversely, india's population has grown steadily since independence studies suggest that the country could surpass china's population by the year 2030, therefore, becoming the most populous country in the worlda high human population can impact natural resources and social infrastructure, which in turn places pressure on a country's sustainability indian population accounts for twenty per cent of the total world population, however, the indian land area is only 25 per cent of the total in a developing country such as india where a large section of the population still lives in abject poverty with little to no resources, the need for stabilization of the population growth becomes crucial a stabilised population ensures that every citizen can get access to the right amount of resources to live a life of dignityadopting a rights-based approach, the need is to provide for voluntary and safe access to family planning services the increase in access will empower women additionally, access to these services allows spacing of pregnancy which can reduce pregnancy related health risks in women it would also ensure that the infant is healthier thereby reducing infant mortality rate in the country therefore, a comprehensive policy for population stabilisation can help in moving towards a healthier populationnew delhi;anurag singh thakurnovember 19, 2018 financial memorandumclause 3 of the bill provides for constitution of a national population planning agencyit also provides for appointment of persons with experience in social sector as members, officers and staff to the agency clause 6 provides for establishment of family planning quality assurances committees at the state and district level by the appropriate governments clause 7 provides for certain incentives for small family norm clause 8 provides for access to quality and affordable contraceptive devices, medicines and healthcare pertaining to family planning clause 9 provides for access to quality education to the girl child clause 10 provides that the central government shall provide requisite funds carrying out the purposes of the act the, bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees two thousand crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the appropriate government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for a comprehensive policy towards stabilizing the population of the countryby providing voluntary and safe access to methods of contraception, establishmentof a population planning agency, promotion of schemes that incentivizes thesmall family norm, creating awareness on family planning and providingaccess of education to empower every girl child and for all mattersconnected therewith or incidental thereto————(shri anurag singh thakur, mp)mgipmrnd—2325ls(s3)—17-12-2018

Parliament_bills

e6f900e2-7a6b-56c3-8139-23979889f072

bill no iv of 2014 the constitution (scheduled castes) orders (amendment) bill, 2014 a billfurther to amend the constitution (scheduled castes) order, 1950 to modify the list of scheduled castes in the states of haryana, karnataka and odisha and the constitution (dadra and nagar haveli) scheduled castes order, 1962be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled castes) orders(amendment) act, 20145co 192 in the schedule to the constitution (scheduled castes) order, 1950,—(a) in part v—haryana, for entry 19, substitute,—amendment of the constitution (scheduled castes) order, 1950"19 kabirpanthi, julaha, kabirpanthi julaha";(b) in part vii—karnataka, for entry 23, substitute,—"23 bhovi, od, odde, vaddar, waddar, voddar, woddar, bovi (non-besta), kalluvaddar, mannuvaddar";(c) in part xiii—orissa,—(i) for entries 26 and 27, substitute,—"26 dhoba, dhobi, rajak, rajaka 27 dom, dombo, duria dom, adhuria dom, adhuria domb";(ii) for entries 44, 45 and 46, substitute,—5"44 katia, khatia 45 kela, sapua kela, nalua kela, sabakhia kela, matia kela, gaudia kela46 khadala, khadal, khodal";(iii) for entry 91, substitute,—10"91 turi, betra";(d) in part xxiv—uttaranchal, for "uttaranchal", substitute,''uttarakhand"15co 643 in the schedule to the constitution (dadra and nagar haveli) scheduled castes order, 1962, for entry 2, substitute,—''2 chamar, rohit''amendment of the constitution (dadra and nagar haveli) scheduled castes order, 1962 statement of objects and reasonsin pursuance of the provisions of clause (1) of article 341 of the constitution, presidential orders were issued specifying scheduled castes in respect of various states and union territories these orders have been amended from time to time by acts of parliament enacted under clause (2) of article 341 of the constitution2 the state governments of haryana, karnataka and odisha and the union territory of dadra and nagar haveli have proposed for certain modifications in the list of scheduled castes, by way of inclusion of certain communities therein the registrar general of india and the national commission for scheduled castes have conveyed their concurrence to the proposed modifications3 in order to give effect to the above modifications, it is necessary to amend the following two constitution (scheduled castes) orders, namely:—(i) the constitution (scheduled castes) order, 1950; in respect of haryana, karnataka and odisha; and(ii) the constitution (dadra and nagar haveli) scheduled castes order, 1962 4 the bill seeks to achieve the aforesaid objectivesnew delhi;mallikarjun khargethe 5th february, 2014 financial memorandumthe bill seeks to include certain synonymous communities in respect of entries in the list of the scheduled castes for the states of haryana, karnataka and odisha and the union territory of dadra and nagar haveli this will entail some additional recurring and non-recurring expenditure on account of benefits of schemes meant for the development of the scheduled castes to which the persons belonging to the newly added communities will become entitled, as a result of enacting this bill2 it is not possible to estimate with any degree of precision the likely expenditure which would have to be incurred on this account due to non availability of caste-wise data annexureextracts from the constitution (scheduled castes) order, 1950(co 19) the schedulepart v—haryana19 kabirpanthi, julahapart vii— karnataka23 bhovi, od, odde, vaddar, waddar, voddar, woddarpart xiii—orissa26 dhoba, dhobi 27 dom, dombo, duria dom44 katia 45 kela, sapua kela, nalua kela, sabakhia kela, matia kela 46 khadala91 turipart xxiv—uttaranchal————extract from the constitution (dadra and nagar haveli) scheduled castesorder, 1962(co 64) the schedule(2) chamar———— a billfurther to amend the constitution (scheduled castes) order, 1950 to modify the list of scheduled castes in the states of haryana, karnataka and odisha and the constitution (dadra and nagar haveli) scheduled castes order, 1962————(shri mallikarjun kharge, minister of social justice and empowerment)gmgipmrnd—4197rs(s-3)—07-02-2014

Parliament_bills

21dd76c5-3f60-5e39-bf28-ccb901cc46a2

bill no 261 of 2015 the control of rising prices bill, 2015 a bill by shri rajesh ranjan, mpto provide for the deterrent measures for the control of consistently rising prices of essential commodities particularly of foodgrains, pulses, edible oils, fruits and vegetable and items of daily use which have adversely affected the common man and for prevention of hoarding, profiteering and determination of prices of all consumer goods by the appropriate government to give the desired relief to the common man and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the control of rising prices act, 2015(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "consumer goods" includes all essential commodities of daily use of consumers such as wheat and wheat products mainly flour, rice and other cereals, pulses and beans, edible oils, ghee including desi and vanaspati, sugar and jaggery, salt, soaps and detergents but does not include seasonal vegetables and fruits;(c) "dealer" means any person, by whatever name known or called, who carries on the business of selling any consumer good or goods in any manner;10(d) "hoarding" means accumulating consumer goods and their stocks meant for sale to the general public with a view to concerning such goods and stocks so as to create artificial scarcity with malicious intention to raise their prices which are very high and are not competitive;(e) "prescribed" means prescribed by rules made under this act;15(f) "profiteering" with its grammatical variations and cognate expressions means the sale of any consumer goods at a price or rate higher than the fixed maximum retail price or prevailing market price; and(g) "retail price" means such fixed price at which a dealer can sell consumer goods in retail and such price shall include all taxes levied on such products203 (1) notwithstanding anything contained in any other law for the time being in force, the hoarding of, profiteering in and over pricing of consumer goods and articles in any manner whatsoever is hereby prohibited(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actprohibition of hoarding of, profiteering in and over pricing of consumer goods and articles254 (1) the central government shall, by notification in the official gazette, set up a commission for price fixation of consumer goods for the purposes of this act(2) the commission shall consist of,—constitution of a commission for price fixation of consumer goods(a) a chairperson to be appointed by the central government with such qualifications and experience as may be prescribed;30(b) five members to be appointed by the central government from amongst the experts in the field of commodities and consumer goods including representatives of the public and dealers respectively in such manner as may be prescribed;| ( | c | ) four members to be nominated by the state governments by rotation in the ||----------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------------|| alphabetical order | | || 35 | | || ( | 3 | ) the terms of office of the chairperson and members and the procedure to be || followed in the discharge of their functions, and the salary and allowances shall be such as | | || may be prescribed | | || ( | 4 | ) the central government shall provide secretarial assistance to the commission in || such manner as may be prescribed | | || 40 | | || function of | | || the | | || commission | | || 5 | ( | 1 || selling retail price of all consumer goods and commodities which may be charged by a dealer | | || or the minimum price which is to be paid by a consumer to the dealer | | || ( | 2 | ) the commission may while fixing the prices of the consumer goods, take into || account,— | | || ( | i | ) the quality and durability of the goods || 45 | | || ( | ii | ) the supply and demand position of consumer goods; || ( | iii | ) the overall cost of production; |(iv) the losses, if any, during production; (v) the price of accessories, which in any manner affect the price factor of theconsumer goods;(vi) the prevailing price and availability position of similar products in theinternational market;5(vii) the export potential of the consumer goods; (viii) any other relevant factor which may be deemed necessary in determiningthe price factor of the consumer goods;10(ix) fixation of defferent prices for different consumer goods in different statesor regions as per the local production, consumption and availability and other factors(3) after taking into consideration all the relevant factors, the prices fixed under this act shall be revised from time to time by the commission(4) the prices fixed under this act shall be given wide publicity throughout the country through print, electronic and media in such manner as may be prescribed156 (1) it shall be duty of the appropriate government to implement the provisons of thisact and the price structure fixed under this act within its territorial jurisdiction in the manner it may deem necessary or exepedient to do so for the purposes of this actappropriate government to implement the privisions20(2) the appropriate government shall, by notification in the official gazette, ban the export of consumer goods which are in short supply in the country and allow free import of such goods in the countrymiscellaneous7 notwithstanding anything contained in any other law for the time being in force, every dealer of consumer goods shall,—(a) display a board showing the maximum retail price of every consumer goodswhich he sells at a conspicuous place of his shop or establishment;25| ( | b | ) display the stock position on daily basis of all the consumer goods available ||--------------------------------------------------------------|-----|-----------------------------------------------------------------------------------|| with him; | | || ( | c | ) maintain a register for the consumer goods and make entries about the goods || giving such details and in such manner as may be prescribed | | || penalty | | |308 (1) any dealer who contravenes the provisions of sub-section (1) of section 3 and profiteers in any consumer goods shall be punishable with rigorous imprisonment which shall not be less than four years but may extend to seven years and also with fine which shall not be less than five lakh rupees but may extend to ten lakh rupees and the consumer goods in respect of which the offence has been committed or such part thereof as the trial court may deem fit shall be confiscated by the appropriate government35(2) any dealer, consumer or person who in contravention of the provisions of this actfound deliberately hoarding consumer goods or articles of daily use shall be punished with rigorous imprisonment which shall not be less than five years but may extend to ten years and also with fine which may extend to ten lakh rupees and the hoarded stock shall be confiscated by the appropriate government unders the orders of the trial court40(3) any dealer who, without valid and reasonable ground refuses to sell any consumergoods shown in the stock by him to any consumer desirous to purchase the goods or refuses to sell it at the price fixed under this act shall be punished with regorous imprisonment which may extend to five years and also with fine which may extend to five lakh rupees45(4) any dealer who contravenes the provisions of section 6 shall be punished withimprisonment for a term which may extend to three years and also with fine which may extend to two lakh rupeespower of search and seizure59 when any police officer not below the rank of inspector of police has reasonablegrounds for believing or has definite information that there has been a contravention of any provisions of this act, such officer may, after recording in writing the grounds on his belief,at all reasonable hours enter and search and place where a dealer keeps, or is for the time being keeping, any consumer goods covered under this act and seize the goods under this act2 of 197410 (1) notwithstanding anything contained in the code of crminal procedure, 1973 alloffences punishable under this act shall be cognizable and non-bailablecognizance of offence andarrest without warrant10(2) any police officer, not below the rank of inspector of police, may arrest withoutwarrant any person against whom a reasonable complaint has been made or creditable information has been received of his having been involved in any of the offences punishable under this act11 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceact to have overriding effect1512 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in force dealing with any of the matters dealt with in this actact to supplement other laws power to make rules13 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act20 25(2) every rule made under this act by the central government 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 session aforesaid, both houses agree in making any modification in the rule or both the 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 statement of objects and reasonsthese days the general public particularly the poor, middle class and housewives have adversely been affected by sharp increase in the prices of consumer goods of daily use it is becoming difficult for the households to have two square meals as the atta, rice, pulses, edible oils, ghee, spices, sugar, vegetables and fruits have become very costly and gone out of the reach of the common man this is causing resentment, concern and frustration amongst the people be it salaried class, middle class, daily wage earners, poor or those living below the poverty line and mostly the housewives whose budget for kitchen is shrinking very fast in order to maintain the balance and keep check on increasing expenditure, the housewives resort to cut the items or reduce their quantity but in vain even daal-roti has become a luxury for almost all the households nutrition has become the victim and survival has become the main issue on the other hand, the dealers are resorting to profiteering and selling the goods on premium at their whims and fancy the wholesellers and others are in most cases creating artificial scarcity by hoarding the goods with intention of profiteering later there is no check on the pricing of any commodity prices are fixed by the dealers as per their choice and it is said that syndicates in different parts determine the prices on daily basis resulting in price rise of every thinghence, a system of checks and balances has become necessary in order to stabilize the prices of different consumer goods, which are used by the common man if a commission is set up for this purpose it may fix the retail prices of all consumer goods to protect the poor consumers in the country penal provisions have to be provided for those who do not comply with the prices determined by the commission and those who resort to hoarding and profiteering so as to deter them this will control the price rise to a great extent and give the desired results to the common man, those living below poverty line, daily wage earners and housewives whose household budget has become nightmare for themhence this billnew delhi;rajesh ranjannovember 13, 2015 financial memorandumclause 4 of the bill provides for setting up of a commission to fix the retail prices of consumer goods for the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one hundred crore may involve as recurring expenditure from the consolidated fund of india per annuma sum of rupees one hundred crore may also involve as non-recurring expenditure from the consolidated fund of india memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only the delegation of legislative power is normal character———— a billto provide for the deterrent measures for the control of consistently rising prices ofessential commodities particularly of foodgrains, pulses, edible oils, fruits andvegetables and items of daily use which have adversely affected the common manand for prevention of hoarding, profiteering and determination of prices of all consumer goods by the appropriate government to give the desired relief to the common man and for matters connected therewith and incidental thereto————(shri rajesh ranjan, mp)

Parliament_bills

14537f9b-7946-520d-92bd-f8c8795b8485

bill no 196 of 2017 the constitution (amendment) bill, 2017 by shrimati meenakashi lekhi, mpabillfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—2 in article 102 of the constitution,—amendment of article 102(a) in clause (1),(i) for the words "being chosen as, and for being", the words "being chosen as or for being" shall be substituted;5(ii) for the explanation, the following explanation shall be substituted, namely:—"explanation - for the purposes of this clause(a) "the expression office of profit" means any office—10(i) under the control of the government of india, or the government of a state, as the case may be, where the salary or remuneration for such office is paid out of the public revenue of the government of india or the government of any state and the holder of such office is capable of exercising legislative, judicial or quasijudicial power; or15 20(ii) under a body, which is wholly or partially owned by the government of india or the government of any state and the salary or remuneration is paid by such body and the holder of such office is capable of exercising powers by means of disbursement of funds, allotment of lands, issuing of licenses and permits or making of public appointments or granting of such other favours of substantial nature; (b) a person shall not be deemed to hold an office of profit under the government of india or the government of any state by reason only that he is a minister either for the union or for such state25(c) "office" means the permanent substantive position which exists independently of the holder of the office and being—(i) directly under the government; or (ii) under statutory authorities or corporations in which government has the power either to appoint or remove or both; or30(iii) under public sector undertakings owned wholly or partly by the government where the government has the power to appoint or remove; or(iv) under local authorities or other authorities within the meaning of the constitution; or35(v) under institutions of self government as defined under clause (d) of article 243 and clause (e) of article 243p of the constitution; or(vi) under other authorities, significantly funded by the government where the government has pervasive control;40(d) "remuneration" means any pecuniary gain commensurate with the status and responsibilities attached to the office and any remuneration payable but not drawn or forfeited shall also be considered as remuneration earned; and45(e) "salary" means salary or pay scale attached to the office whether or not the holder of such an office draws such salary"; and(b) after clause (1), the following clause shall be inserted, namely:—"(1a) notwithstanding anything in sub-clause (a) of clause (1), if a member of either house of parliament has become subject to any disqualification mentioned in that sub-clause, he shall not be so disqualified,—5(i) unless he has not resigned from such office which is the subject to disqualification with respect to the following:—10(a) offices that must be given up before an election— such persons (civil servant under articles 310 and 311 and members of the judiciary), shall seek unconditional leave from their office before becoming a candidate in an election and shall be relieved from such office before being allowed to take the oath of office to the office so elected to;15(b) offices (under article 12), institutions or bodies and legislators or some other legislative body or panchayat that must be given up after an election but before taking oath as a member of the legislature;20(ii) if the appointment has been made only in the public interest for a specific purpose with defined terms of reference and approved by the union cabinet and the cabinet committee on appointment, if any, concurrently and—(a) a public statement has been made that such an appointment is in the public interest with an explanation—(i) giving the reasons for such an appointment;(ii) full disclosure of the perks and emoluments;25(iii) the public statement must be simultaneously placedbefore the house concerned;(iv) the appointment be made for the term of that legislature; and30(v) all efforts be made for the appointment on a voluntary and pro bono basis and for a limited period of time only" statement of objects and reasonsthe term "office of profit" is used with reference to executive appointments a number of countries forbid members of the legislatures from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve the separation of powers in all democracies including the united states of america and the united kingdom, the holders of offices under the government, as a rule are disqualified for being members of legislature the inherent idea seems to be that the personal and pecuniary interest should not come in the way of discharging their obligations by the legislatorsin india, this principle is embodied in articles 102(1)(a) and 191(1)(a) of the constitutionthe principle contained in article 102 is based on the sound public policy of ensuring impartiality and neutrality in the public duty and avoidance of conflict between duty and interest of an elected member, enabling him to carry on his duties freely and fearlessly without being subjected to any governmental pressure thereby maintaining purity of the legislature the provision is undoubtedly designed to protect the independence of the members of parliament the object of article 102(1)(a) is to disqualify a person from the membership of parliament if he is obliged by the government for an office of profit which carries profit or benefit and thus compromising his independencethe expression "office of profit" has not been defined in the constitution or any other statute it has, therefore, been open to the courts to explain the significance and meaning of this concept most of the cases which have arisen under article 191(1)(a) of the constitution are also relevant to article 102(1)(a) of the constitutionin pursuance of above articles, the parliament (prevention of disqualification) act,1959 was enacted by parliament the said act has been amended from time-to-time to include office exempted from disqualification from the purview of office of profit in pursuance of article 191(1)(a) of the constitution, the state legislatures have enacted their own laws relating to removal of disqualificationif any question arises as to whether a member of parliament has become subject to any of the disqualification laid down in the constitution including the one whether he is holding an office of profit or not, the question is referred to the joint parliamentary committee on office of profit the joint committee on office of profit makes its recommendation in the report which is presented to the house the decision of the president shall be final on this question however, before giving any decision on any such question, article 103(2) of the constitution requires the president to consult the election commission and the commission may make such enquiry as it deems fit it is important to note that in this matter the president does not act on the advice of council of ministerssubstantial questions of law have arisen with regards to the tests for an office of profit which have been laid down and used by the joint parliamentary committee on offices of profit as follows:—(a) whether government makes the appointment? (b) whether government has a right to remove or dismiss the holder of office? (c) whether the government pays the remuneration? (d) what are the functions of the holder of office? and (e) does the government exercise any control over the performance of those functions?however, this is a matter of parliamentary and legal convention and have not been provided with constitutional or legal backingbeing an extremely important topic in the realm of the application of the principle of separation of powers, followed by the constitution of india, though not written explicitly into it, it is important to place them and define "an office of profit" within the constitution itself and not in any other legal statute this is to ensure that democracy in the nation and the constitutional scheme is strengthened in itself, allowing for its greater and unambiguous progress, while freeing the courts as legal direction will be established for the same through this constitutional amendmentthe law with regards to "offices of profit" as per status quo does not allow for an elected member of parliament to retain his position until the time of his election he has to necessarily vacate it or face disqualification the process of elections is variable and the ultimate will of the people is only determined after the counting of votes and not before it hence, it is imperative to allow the individual to have a surety of his employment by taking leave from it during the time of elections and returning to it if unsuccessful in election the individual should, however, vacate it before being allowed to take the oath of office if so successful in an electionnumerous times it is also felt that if the appointment has been made only in the public interest for a specific purpose with defined terms of reference and subject to certain limitations as prescribed in the amendment so proposed above, it should be allowed and not attract disqualification for being chosen as or for being a member of parliamentthe bill seeks to achieve the above objectives hence, this billnew delhi;meenakashi lekhinovember 23, 2016 annexure extract from the constitution of india 102 (1) a person shall be qualified for being chosen as, and for being, a member of either house of parliament—disqualification for membership(a) if he holds any office of profit under the government of india or the government of any state, other than an office declared by parliament by law not to disqualify its holder;(b) (c) (d) (e) explanation— for the purposes of this clause a person shall not be deemed to hold an office of profit under the government of india or the government of any state by reason only that he is a minister either for the union or for such state lok sabha———— a billfurther to amend the constitution of india————(shrimati meenakashi lekhi, mp)

Parliament_bills

9573cc9e-6e80-58d0-82b7-066e5f57a9d4

as introduced in the rajya sabhaon 27th april, 2007 bill no xx of 2007 the prevention of hoarding and profiteering and protection of common man through control of prices bill, 2007 a billto provide for the prevention of hoarding and profiteering in essential commodities of daily use by the common man and control of prices of such commodities to give relief to the common man by constituting a commission for determination of prices of all consumer goods and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the prevention of hoarding and profiteering and protection of common man through control of prices act, 2007short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at once and shall remain in force for a period of five yearsdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state the government of that state and in other cases the central government;(b) "commission" means national commission for price fixation of consumer goods constituted under section 3;(c) "consumer goods" include all grocery items including wheat, rice and other types of cereals, pulses, sugar, edible oils and ghee, salt, soaps and detergents and such other items which are used for daily use by common public but does not include seasonal vegetables and fruits, finished goods or services;(d) "dealer" means any person carrying on the business of selling any scheduled article and includes a producer, manufacturer, an importer, a wholesaler or retailer;(e) "hoarding" means accumulating consumer goods or stocks meant for sale with a view to cornering such goods so as to raise their prices by creating a short supply or artificial shortage or by bringing them for sale at prices which are very high and are not competitive;(f) "prescribed" means prescribed by rules made under this act; (g) "profiteering" with its grammatical variations and cognate expressions means the sale by a dealer of any scheduled article at a price or rate higher than that fixed under this act;(h) "retail price" means such price at which the consumer goods shall be sold in retail and such price shall include all taxes levied on such goods;(i) "scheduled article" means an article specified in the first schedule of this actconstitution of a commission3 (1) the central government shall, as soon as may be, by notification in the official gazette, constitute the "national commission for price fixation of consumer goods" for carrying out the purposes of this act(2) the commission shall consist of,—(a) a chairperson to be appointed by the central government having such qualifications and experience as may be prescribed;(b) four members to be appointed by the central government who are experts in the field of commodities;(c) four members to be nominated by the state governments by rotation in alphabetical order(3) the commission may associate with itself any person whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purposes for which he has been associated but shall not have the right to vote(4) the terms of office of the members and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed(5) the commission shall have a secretariat consisting of such number of officers and staff, as may be prescribed, to assist it in carrying out its functionsfunctions of the commission4 (1) the commission shall, by order notified in the official gazette, fix the maximumprice or rate of any consumer good shown as scheduled article in this act, which may be charged by a dealer or the minimum price which is to be paid by a purchaser(2) the commission may, before fixing the prices, take into account relevant factors especially,—(i) the quality of the products; (ii) the supply and demand of the consumer goods; (iii) the cost of production; (iv) the loss during the production; (v) the prices of accessories or which directly or indirectly affect the price factorof the consumer goods;(vi) the price and availability of similar products in international market; (vii) the export potential of the goods;(viii) any other relevant factor as may be deemed necessary(3) the commission may fix different prices for different consumer goods in different states or regions as per the local production, consumption and availability and other factors(4) the commission shall, from time to time, after taking into consideration the relevant factors revise the prices fixed for different consumer goods(5) the commission shall cause the price structure fixed by it be given wide publicity throughout the country through the print, electronic or through such means as it may deem fit5 notwithstanding anything contained in any other law for the time being in force, it shall be the duty of the appropriate government to implement the price structure decided by the commission within its territorial jurisdiction in the manner it may deem necessary and expedientappropriate government to implement the price structure of the commission6 (1) the hoarding of and profiteering in consumer goods by any dealer or person is hereby prohibited(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actprohibition of hoarding of and profiteering in consumer goodspenalty7 (1) any dealer who profiteers in any scheduled article or consumer goods shall be punishable with rigorous imprisonment which shall not be less than three years but may extend to seven years and also with fine which may extend to ten lakh rupees and the scheduled consumer goods in respect of which the offence has been committed or such part thereof as the trial court may deem fit shall be forfeited to the appropriate government(2) any dealer or person found deliberately hoarding any scheduled consumer goods or article shall be punished with rigorous imprisonment which shall not be less than three years but may extend to seven years and also with fine which may extend to ten lakh rupees and the hoarded stock of the scheduled consumer goods shall be forfeited to the appropriate government(3) any dealer who, without reasonable ground refuses to sell any scheduled consumer goods to any purchaser or refuses to sell it at the rate fixed for it by the commission shall be punishable with rigorous imprisonment which may extend to three years and also with fine which may extend to two lakh rupeespower of search and seizure8 when any police officer not below the rank of inspector of police has reasonable grounds for believing that there has been a contravention of any of the provisions of this act, such officer may, after recording in writing the grounds of his belief, at all reasonable hours enter and search any place where a dealer keeps, or is for the time being keeping, any scheduled consumer goods and seize the goods under this act2 of 19749 (1) notwithstanding anything contained in the code of criminal procedure, 1973 alloffences punishable under this act shall be cognizable and non-bailablecognizance of offence and arrest without warrant(2) any police officer, not below the rank of inspector of police, may arrest withoutwarrant any person against whom a reasonable complaint has been made or creditable information has been received of his having been involved in any of the offences punishable under this actpower to add to the schedule10 the central government may, by order notified in the official gazette, add to theschedule any other consumer goods of daily use and thereupon that schedule shall be deemed to be amended accordingly and the consumer good so added shall be deemed to be a scheduled consumer goods within the meaning of this actact to have overridingeffect11 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forcepower to make rules12 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act1 wheat and wheat products; 2 rice and rice in husk; 3 coarse cereals and their products; 4 pulses and byproduct like besan, etc; 5 spices, raw and powder form; 6 edible oil, butter, vanaspati and desi ghee; 7 sugar and jaggery; 8 tea and coffee; 9 salt;10 soaps, detergents and washing powders; 11 baby food and skimmed milk powder; 12 paper; 13 kerosene and other petroleum products; 14 cement and other building materials; 15 steel; 16 coal; 17 drugs and medicines statement of objects and reasonsof late, prices of essential consumer goods have increased manifold, which has adversely affected the household budget of the common man there is resentment and concern on this issue amongst the people, be it the middle class people, salaried class, daily wage earners, and poor and those living below poverty line the increase in prices is not restricted to seasonal commodities but also to items of daily use dal-roti has become luxury for almost all the households sugar and edible oils have also gone out of the reach of the common man the dealers are selling the products at their whims and fancy they are creating artificial scarcity of essential goods by hoarding the goods with a view to profiteering later there is no check on the pricing of any commodity no price list is displayed and the poor, downtrodden and illiterate people are exploited by the dealers and retailers there is an immediate need to have a system in place, which will help in stabilizing the prices of different consumer goods, that are used by the common man hence it has been proposed in the bill to constitute a commission for the purpose of fixing the prices of all consumer goods to protect the poor, downtrodden and the common masses of the country those found guilty of not complying with the price structure prescribed by the commission and found involved in hoarding and profiteering should be severely punished this will certainly help in containing the dreaded mehangaihence this billabhishek manu singhvi financial memorandumclause 3 of the bill provides for the establishment of a commission to fix the prices of consumer goods sub-clause (5) of clause 4 directs the commission to give wide publicity through the print, electronic and other means to the price structure fixed by it the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore may involve as recurring expenditure per annuma sum of rupees fifty crore may also involve as non-recurring expenditure from the consolidated fund of india memorandum regarding delegated legislationclause 12 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the prevention of hoarding and profiteering in essential commodities of dailyuse by the common man and control of prices of such commodities to give relief to the common man by constituting a commission for determination of prices of all consumer goods and for matters connected therewith or incidental thereto————(dr abhishek manu singhvi, mp)mgipmrnd—1764rs(s3)—27-04-2007

Parliament_bills

83ff393f-23c2-5104-8cd5-6b813acffd78

bill no 299 of 2016 the taxation laws (second amendment) bill, 2016 a billfurther to amend the income-tax act, 1961 and the finance act, 2016be it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminarycommencement chapter ii income-taxamendment of section 115bbe43 of 1961102 in the income-tax act, 1961 (hereinafter referred to as the income-tax act), in section 115bbe, for sub-section (1), the following sub-section shall be substituted with effect from the 1st day of april, 2017, namely:—"(1) where the total income of an assessee,—15(a) includes any income referred to in section 68, section 69, section69a, section 69b, section 69c or section 69d and reflected in the return of income furnished under section 139; or(b) determined by the assessing officer includes any income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d, if such income is not covered under clause (a), the income-tax payable shall be the aggregate of—5(i) the amount of income-tax calculated on the income referred to in clause (a) and clause (b), at the rate of sixty per cent; and(ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (i)"103 in the income-tax act, in section 271aab,—amendment of section 271aab(i) in sub-section (1), after the words, figures and letters "the 1st day of july,2012", the words, brackets and figures "but before the date on which the taxation laws (second amendment) bill, 2016 receives the assent of the president" shall be inserted;15(ii) after sub-section (1), the following sub-section shall be inserted, namely:—20"(1a) the assessing officer may, notwithstanding anything contained in any other provisions of this act, direct that, in a case where search has been initiated under section 132 on or after the date on which the taxation laws (second amendment) bill, 2016 receives the assent of the president, the assessee shall pay by way of penalty, in addition to tax, if any, payable by him,—(a) a sum computed at the rate of thirty per cent of the undisclosed income of the specified previous year, if the assessee— (i) in the course of the search, in a statement under sub-section (4) of section 132, admits the undisclosed income and specifies the manner in which such income has been derived;25(ii) substantiates the manner in which the undisclosed income was derived; and(iii) on or before the specified date—(a) pays the tax, together with interest, if any, in respect of the undisclosed income; and30(b) furnishes the return of income for the specified previous year declaring such undisclosed income therein;35 (b) a sum computed at the rate of sixty per cent of the undisclosed income of the specified previous year, if it is not covered under the provisions of clause (a)";(iii) in sub-section (2), after the words brackets and figure "in sub-section (1)", the words, brackets, figure and letter "or sub-section (1a)" shall be inserted4 in the income-tax act, after section 271aab, the following section shall be inserted with effect from the 1st day of april, 2017, namely:—insertion of new section 271aac40penalty in respect of certain income45"271aac (1) the assessing officer may, notwithstanding anything contained in this act other than the provisions of section 271aab, direct that, in a case where the income determined includes any income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d for any previous year, the assessee shall pay by way of penalty, in addition to tax payable under section 115bbe, a sum computed at the rate of ten per cent of the tax payable under clause (i) of sub-section (1) of section 115bbe:provided that no penalty shall be levied in respect of income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d to the extent such income has been included by the assessee in the return of income furnished under section 139 and the tax in accordance with the provisions of clause (i) of sub-section (1) of section 115bbe has been paid on or before the end of the relevant previous year5(2) no penalty under the provisions of section 270a shall be imposed upon the assessee in respect of the income referred to in sub-section (1)(3) the provisions of sections 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section" chapter iii finance act105 in the finance act, 2016,—28 of 2016amendment of section 2(a) in chapter ii, in section 2, in sub-section (9),—(i) in the third proviso, the figures and letters "115bbe" shall be omitted; (ii) after the sixth proviso, the following proviso shall be inserted, namely:—15'provided also that in respect of any income chargeable to tax under clause (i) of sub-section (1) of section 115bbe of the income-tax act, the"advance tax" computed under the first proviso shall be increased by a surcharge, for the purposes of the union, calculated at the rate of twenty-five per cent of such advance tax';20(b) after chapter ix, the following chapter shall be inserted, namely:—insertion of new chapter ix a 'chapter ixa taxation and investment regime for pradhan mantri garib kalyan yojana, 2016short title and commencement199a (1) this scheme may be called the taxation and investment regime for pradhan mantri garib kalyan yojana, 201625(2) it shall come into force on such date as the central government may, by notification, in the official gazette, appointdefinitions199b in this scheme, unless the context otherwise requires,—(a) "declarant" means a person making the declaration under sub-section (1)of section 199c;| 43 of 1961 ||----------------------------------------------------|| ( || b || ) "income-tax act" means the income-tax act, 1961; |(c) "pradhan mantri garib kalyan deposit scheme, 2016" (hereinafter in this chapter referred to as "the deposit scheme") means a scheme notified by the central government in consultation with the reserve bank of india in the official gazette; and35(d) all other words and expressions used in this scheme but not definedand defined in the income-tax act shall have the meanings respectively assigned to them in that actdeclaration of undisclosed income40199c (1) subject to the provisions of this scheme, any person may make, on or after the date of commencement of this scheme but on or before a date to be notified by the central government in the official gazette, a declaration in respect of any income, in the form of cash or deposit in an account maintained by the person with a specified entity, chargeable to tax under the income-tax act for any assessment year commencing on or before the 1st day of april, 201745(2) no deduction in respect of any expenditure or allowance or set-off of any loss shall be allowed against the income in respect of which a declaration under sub-section (1) is madeexplanation— for the purposes of this section, "specified entity" shall mean—(i) the reserve bank of india;10 of 19495(ii) any banking company or co-operative bank, to which the banking regulation act, 1949 applies (including any bank or banking institution referred to in section 51 of that act);(iii) any head post office or sub-post office; and (iv) any other entity as may be notified by the central government in the official gazette in this behalfcharge of tax and surcharge10199d (1) notwithstanding anything contained in the income-tax act or in anyfinance act, the undisclosed income declared under section 199c within the time specified therein shall be chargeable to tax at the rate of thirty per cent of the undisclosed income15(2) the amount of tax chargeable under sub-section (1) shall be increased by a surcharge, for the purposes of the union, to be called the pradhan mantri garib kalyan cess calculated at the rate of thrity-three per cent of such tax so as to fulfil the commitment of the government for the welfare of the economically weaker sections of the societypenalty20199e notwithstanding anything contained in the income-tax act or in anyfinance act, the person making a declaration under sub-section (1) of section 199cshall, in addition to tax and surcharge charged under section 199d, be liable to pay penalty at the rate of ten per cent of the undisclosed incomedeposit of undisclosed income25199f (1) notwithstanding anything contained in the income-tax act or in anyother law for the time being in force, the person making a declaration under sub-section (1) of section 199c, shall deposit an amount which shall not be less thantwenty-five per cent of the undisclosed income in the pradhan mantri garib kalyan deposit scheme, 201630(2) the deposit shall bear no interest and the amount deposited shall be allowedto be withdrawn after four years from the date of deposit and shall also fulfil such other conditions as may be specified in the pradhan mantri garib kalyan deposit scheme, 2016manner of declaration35199g a declaration under sub-section (1) of section 199c shall be made by aperson competent to verify the return of income under section 140 of the income-taxact, to the principal commissioner or the commissioner notified in the official gazette for this purpose and shall be in such form and verified in such manner, as may be prescribed199h (1) the tax and surcharge payable under section 199d and penalty payableunder section 199e in respect of the undisclosed income, shall be paid before filing of declaration under sub-section (1) of section 199ctime for payment of tax, penalty, surcharge and deposit(2) the amount referred to in sub-section (1) of section 199f shall be depositedbefore the filing of declaration under sub-section (1) of section 199c40(3) the declaration under sub-section (1) of section 199c shall be accompaniedby the proof of deposit referred to in sub-section (1) of section 199f, payment of tax,surcharge and penalty45199-i the amount of undisclosed income declared in accordance with section199c shall not be included in the total income of the declarant for any assessment year under the income-tax act27 of 1957undisclosed income declared not to be included in total incomeundisclosed income declared not to affect finality of completed assessments50199j a declarant under this scheme shall not be entitled, in respect of undisclosed income referred to in section 199c or any amount of tax and surcharge paid thereon, to re-open any assessment or reassessment made under the income-tax act or the wealth-tax act, 1957, or to claim any set-off or relief in any appeal, reference or other proceeding in relation to any such assessment or reassessmenttax, etc, not refundable199k any amount of tax and surcharge paid under section 199d or penalty paid under section 199e shall not be refundable5declaration not admissible inevidence against declarant199l nothwithstanding anything contained in any other law for the time beingin force, nothing contained in any declaration made under sub-section (1) of section199c shall be admissible in evidence against the declarant for the purpose of any proceeding under any act other than the acts mentioned in section 199-odeclaration by misrepresentation of facts to be void10199m notwithstanding anything contained in this scheme, where a declarationhas been made by misrepresentation or suppression of facts or without payment of tax and surcharge under section 199d or penalty under section 199e or without depositing the amount in the deposit scheme as per the provisions of section 199f, such declaration shall be void and shall be deemed never to have been made under this schemeapplicabilityof certainprovisions of income-tax act199n the provisions of chapter xv of the income-tax act relating to liability in special cases and section 119, section 138 and section 189 of that act shall, so far as may be, apply in relation to proceedings under this scheme as they apply in relation to proceedings under the income-tax act15199-o the provisions of this scheme shall not apply—scheme not to apply to certain persons(a) in relation to any person in respect of whom an order of detention has been made under the conservation of foreign exchange and prevention of smuggling activities act, 1974:52 of 197420provided that—(i) such order of detention, being an order to which the provisions of section 9 or section 12a of the said act do not apply, has not been revoked on the report of the advisory board under section 8 of the said act or before the receipt of the report of the advisory board; or25(ii) such order of detention, being an order to which the provisionsof section 9 of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or on the report of the advisory board under section 8, read with sub-section (2) of section 9, of the said act; or30 35(iii) such order of detention, being an order to which theprovisions of section 12a of the said act apply, has not been revokedbefore the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the advisory board under section 8, read with sub-section (6) of section 12a, of thesaid act; or(iv) such order of detention has not been set aside by a court ofcompetent jurisdiction;4045 of 1860 61 of 1985 37 of 1967 49 of 1988 45 of 1988 15 of 2003(b) in relation to prosecution for any offence punishable under chapter ixor chapter xvii of the indian penal code, the narcotic drugs and psychotropic substances act, 1985, the unlawful activities (prevention) act, 1967, the prevention of corruption act, 1988, the prohibition of benami property transactions act, 1988 and the prevention of money-laundering act, 2002;(c) to any person notified under section 3 of the special court (trial of offences relating to transactions in securities) act, 1992;27 of 19924522 of 2015(d) in relation to any undisclosed foreign income and asset which ischargeable to tax under the black money (undisclosed foreign income and assets) and imposition of tax act, 2015removal of doubts199p for the removal of doubts, it is hereby declared that save as otherwise expressely provided in sub-section (1) of section 199c, nothing contained in this scheme shall be construed as conferring any benefit, concession or immunity on any person other than the person making the declaration under this schemepower to remove difficulties5199q (1) if any difficulty arises in giving effect to the provisions of this scheme,the central government may, by order, not inconsistent with the provisions of this scheme, remove the difficulty:provided that no such order shall be made after the expiry of a period of twoyears from the date on which the provisions of this scheme come into force(2) every order made under this section shall be laid before each house ofparliament10power to make rules199r (1) the board may, subject to the control of the central government, bynotification in the official gazette, make rules for carrying out the provisions of this scheme(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—15(a) the form and manner of declaration and verification to be made undersection 199g;(b) any other matter which is to be, or may be, prescribed, or in respect ofwhich provision is to be made, by rules20 25(3) every rule made under this scheme shall be laid, as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule' statement of objects and reasonsevasion of taxes deprives the nation of critical resources which could enable the government to undertake anti-poverty and development programmes it also puts a disproportionate burden on the honest taxpayers who have to bear the brunt of higher taxes to make up for the revenue leakage as a step forward to curb black money, bank notes of existing series of denomination of the value of five hundred rupees and one thousand rupees (hereinafter referred to as specified bank notes) issued by the reserve bank of india have been ceased to be legal tender with effect from the 9th november, 20162 concerns have been raised that some of the existing provisions of the income-tax act, 1961 could possibly be used for concealing black money it is, therefore, important that the government amends the act to plug these loopholes as early as possible so as to prevent misuse of the provisions the taxation laws (second amendment) bill, 2016, proposes to make some changes in the act to ensure that defaulting assessees are subjected to tax at a higher rate and stringent penalty provision3 in the wake of declaring specified bank notes as not legal tender, there have been representations and suggestions from experts that instead of allowing people to find illegal ways of converting their black money into black again, the government should give them an opportunity to pay taxes with heavy penalty and allow them to come clean so that not only the government gets additional revenue for undertaking activities for the welfare of the poor but also the remaining part of the declared income legitimately comes into the formal economy thus, money coming from additional revenue as a result of the decision to ban rs 1000 and rs 500 notes can be utilised for welfare schemes for the poor4 therefore, an alternative scheme namely, the 'taxation and investment regime for pradhan mantri garib kalyan yojana, 2016' (pmgky) is proposed to be provided in the bill the declarant under this regime shall be required to pay tax @ 30% of the undisclosed income and penalty @ 10% of the undisclosed income further, a surcharge to be called 'pradhan mantri garib kalyan cess' @ 33% of tax is also proposed to be levied in addition to tax surcharge and penalty, the declarant shall have to deposit 25% of undisclosed income in a deposit scheme to be notified by the central government in consultation with the reserve bank of india under the 'pradhan mantri garib kalyan deposit scheme, 2016'this amount is proposed to be utilised for the programmes of irrigation, housing, toilets, infrastructure, primary education, primary health, livelihood, etc; so that there is justice and equality5 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 26th november, 2016 ———— president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no 142/33/2016-tpl, dated 26th november, 2016 from shri arun jaitely, minister of finance and corporate affairs in the ministry of finance to secretary-general, lok sabha]the president, have been informed of the subject-matter of the taxation laws (second amendment) bill, 2016, recommends under clauses (1) and (3) of article 117 read with clause (1) of article 274 of the constitution of india, introduction of the above bill in lok sabha financial memorandumthis bill seeks to impose a higher rate of tax and levy of penalty in respect of certain incomes it also provides for a scheme for payment of tax, penalty and surcharge on the undisclosed income and investment of certain amount of such income in the pradhan mantri garib kalyan deposit scheme the bill is proposed to be administered by the central board of direct taxes thus, no additional expenditure is contemplated on the enactment of the bill memorandum regarding delegated legislationclause 5 of the bill seeks to insert a new section 199g, in respect of the taxation and investment regime for pradhan mantri garib kalyan yojana, 2016 the proposed section199g provides that a declaration under section 199c shall be made by a person competent to verify the return of income under section 140 of the income-tax act, to the principal commissioner or the commissioner notified in the official gazette for this purpose and shall be in such form and verified in such manner, as may be prescribed2 the matters in respect of which rules may be made or notifications may be issued in accordance with the provisions of the bill are matters of procedure and detail and it is not practicable to provide for them in the bill3 the delegation of legislative power is, therefore, of a normal character annexure extracts from the income-tax act, 1961 (43 of 1961) 115bbe (1) where the total income of an assessee includes any income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d, the incometax payable shall be the aggregate of—(a) the amount of income-tax calculated on income referred to in section 68, section 69, section 69a, section 69b, section 69c or section 69d, at the rate of thirty per cent; and tax on income referred to in section 68 or section 69 or section 69a or section 69b or section 69c or section 69d(b) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (a) penalty where search has been initiated271aab (1) the assessing officer may, notwithstanding anything contained in any other provisions of this act, direct that, in a case where search has been initiated under section 132 on or after the 1st day of july, 2012, the assessee shall pay by way of penalty, in addition to tax, if any, payable by him,—(a) a sum computed at the rate of ten per cent of the undisclosed income of the specified previous year, if such assessee—(i) in the course of the search, in a statement under sub-section (4) of section 132, admits the undisclosed income and specifies the manner in which such income has been derived;(ii) substantiates the manner in which the undisclosed income was derived;and(iii) on or before the specified date—(a) pays the tax, together with interest, if any, in respect of the undisclosed income; and(b) furnishes the return of income for the specified previous year declaring such undisclosed income therein;(b) a sum computed at the rate of twenty per cent of the undisclosed income of the specified previous year, if such assessee—(i) in the course of the search, in a statement under sub-section (4) of section 132, does not admit the undisclosed income; and(ii) on or before the specified date—(a) declares such income in the return of income furnished for the specified previous year; and(b) pays the tax, together with interest, if any, in respect of the undisclosed income;(c) a sum which shall not be less than thirty per cent but which shall not exceed ninety per cent of the undisclosed income of the specified previous year, if it is not covered by the provisions of clauses (a) and (b) extract from the finance act, 2016 (28 of 2016) chapter ii rates of income-taxincome tax 2 (1) (9) subject to the provisions of sub-section (10), in cases in which income-tax has to be charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section174a or section 175 or sub-section (2) of section 176 of the income-tax act or deducted from, or paid on, income chargeable under the head "salaries" under section 192 of the said act or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" shall be charged, deducted or computed at the rate or rates specified in part iii of the first schedule and such tax shall be increased by a surcharge, for the purposes of the union, calculated in such cases and in such manner as provided therein: [10] m cprovided also that in respect of any income chargeable to tax under section 115a,115ab, 115ac, 115aca, 115ad, 115b, 115ba, 115bb, 115bba, 115bbc, 115bbd, 115bbda, 115bbe, 115bbf, 115e, 115jb or 115jc of the income-tax act, "advance tax" computed under the first proviso shall be increased by a surcharge, for purposes of the union, calculated,—(a) in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, calculated at the rate of fifteen per cent of such "advance tax", where the total income exceeds one crore rupees;(b) in the case of every co-operative society or firm or local authority, calculated at the rate of twelve per cent of such "advance tax", where the total income exceeds one crore rupees;(c) in the case of every domestic company, calculated,—(i) at the rate of seven per cent of such "advance tax", where the total income exceeds one crore rupees but does not exceed ten crore rupees;(ii) at the rate of twelve per cent of such "advance tax", where the total income exceeds ten crore rupees; (d) in the case of every company, other than a domestic company, calculated,—(i) at the rate of two per cent of such "advance tax", where the total income exceeds one crore rupees but does not exceed ten crore rupees;(ii) at the rate of five per cent of such "advance tax", where the total income exceeds ten crore rupees; provided also that in the case of every company having total income chargeable to tax under section 115jb of the income-tax act, and such income exceeds ten crore rupees, the total amount payable as "advance tax" on such income and surcharge thereon, shall not exceed the total amount payable as "advance tax" and surcharge on a total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees ———— a bill further to amend the income-tax act, 1961 and the finance act, 2016————gmgipmrnd—3435ls—26112016

Parliament_bills

74be6d67-a02c-56a3-a2a0-538a86b8867d

bill no 190 of 2014 the lokpal and lokayuktas and other related law (amendment) bill, 2014 a billto amend the lokpal and lokayuktas act, 2013 and further to amend the delhi special police establishment act, 1946be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the lokpal and lokayuktas and other related law(amendment) act, 2014short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint chapter i amendment of the lokpal and lokayuktas act, 20131 of 2014amendment of section 42 in the lokpal and lokayuktas act, 2013 (hereinafter referred to as the principal act), in section 4,—10(a) in sub-section (1),—(i) for clause (c), the following clause shall be substituted, namely:—"(c) the leader of opposition recognised as such in the house of the people or where there is no such leader of opposition, then, the leader of the single largest opposition party in that house —member;";(ii) after clause (e), the following proviso shall be inserted, namely:—''provided that the eminent jurist shall be nominated for a period of three years and shall not be eligible for re-nomination";(b) for sub-section (2), the following sub-section shall be substituted, namely:—5"(2) no appointment of a chairperson or a member or the nomination of an eminent jurist shall be invalid merely by reason of any vacancy or absence of a member in the selection committee"; (c) in sub-section (3), after the second proviso, the following proviso shall be inserted, namely:—10"provided also that no appointment of a person in the search committee or the proceedings of the search committee shall be invalid merely by reason of any vacancy or absence of a member in the selection committee or absence of a person in the search committee, as the case may be"3 in section 10 of the principal act,—amendment of section 1015(a) in sub-section (1), for the words "in the rank of secretary to the governmentof india", the words "in the rank of additional secretary to the government of india" shall be substituted;20(b) in sub-section (2), for the words "not below the rank of additional secretary to the government of india", the words "not below the rank of joint secretary to the government of india" shall be substitutedamendment of section 164 in section 16 of the principal act, in sub-section (1), for clause (f), the followingclause and explanation shall be substituted, namely:—25"(f) the headquarters of the lokpal shall be in the national capital region and the benches thereof shall sit at such other places as the lokpal may, by regulations, specifyexplanation—the expression "national capital region" shall have the meaning assigned to it in clause (f) of section 2 of the national capital region planning board act, 1985"2 of 1985amendment of section 235 in section 23 of the principal act, in sub-section (1), the words, figures and letter "orsection 6a of the delhi special police establishment act, 1946" shall be omitted25 of 1946306 in section 44 of the principal act,—amendment of section 44(a) for sub-section (2), the following sub-section shall be substituted, namely:—35"(2) a public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to—(a) all his assets, including—40(i) immovable property owned by him, or inherited or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person;(ii) movable property inherited by him or similarly owned, acquired or held by him; (b) all his debts and other liabilities, incurred by him directly or indirectly,45under the relevant provisions of the acts or the rules or regulations, in case of—43 of 1951(a) public servants referred to in clauses (a), (b) and (c) of sub-section (1)of section 14, in the manner provided in the representation of the people act, 1951 and the rules made thereunder;61 of 1951(b) public servants referred to in clauses (d) and (e) of sub-section (1) of section 14, in the manner provided in the all india services act, 1951 and the rules and regulations made thereunder or the rules made under the provisions of article 148 or article 309 of the constitution, as the case may be;5(c) public servants referred to in clause (f) of sub-section (1) of section 14,in the manner provided under the relevant acts and the rules and regulations respectively applicable to them; and(d) public servants not specifically covered under (a) to (c), in such manner as may be specified, by regulations by the lokpal";10(b) sub-section (5) shall be omitted; (c) for sub-section (6) and the explanation, the following sub-section shall be substituted, namely:—15"(6) notwithstanding anything contained in any other law for the time being in force, the competent authority shall, in public interest, ensure that the information referred to in sub-section (2), is published in such manner as may be prescribed, by 31st august of that year"amendment of section 597 in section 59 of the principal act, in sub-section (2), for clause (k), the following clause shall be substituted, namely:—20"(k) the manner of publication of information, in public interest, relating to assets and liabilities of public servants under sub-section (6) of section 44;"amendment of section 608 in section 60 of the principal act, in sub-section (2), after clause (d), the following clause shall be inserted, namely:—"(da) the manner of furnishing information to the competent authority by public servants under clause (d) of sub-section (2) of section 44;" 25 chapter ii amendment of the delhi special police establishment act, 194625 of 19469 in the delhi special police establishment act, 1946 (hereinafter referred to as the special police act), in section 4ba,—amendment of section 4ba30(a) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:—"(1) there shall be a directorate of prosecution, headed by a director, for conducting prosecution of cases under this act(2) the following persons shall be eligible for consideration for appointment as director of prosecution, namely:—352 of 1974(a) an officer from the indian legal service holding the post of jointsecretary and who is eligible for appointment as special public prosecutor within the meaning of sub-sections (8) and (9) of section 24 of the code ofcriminal procedure, 1973;4049 of 1988 15 of 2003(b) in the absence of an eligible officer referred to in clause (a), aperson who has been in practice as an advocate for not less than fifteen years and has experience in handling cases on behalf of the government relating to offences under the prevention of corruption act, 1988, the prevention of money-laundering act, 2002 and such other laws relating to economic offences";45(b) after sub-section (4), the following sub-sections shall be inserted, namely:—"(5) in case of difference of opinion between the director and the director of prosecution, the matter shall be referred to the attorney - general for india for his advice and such advice shall be binding(6) the annual performance appraisal report of the director of prosecution shall be recorded and maintained in the ministry of law and justice, in such manner as may be prescribed"insertion of new section 7510 after section 6a of the special police act, the following section shall be inserted, namely:—power to make rules"7 (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:—10(a) the manner of recording and maintenance of the annual performance appraisal reports under sub-section (6) of section 4ba;(b) any other matter which is required to be, or may be, prescribed15 20(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 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" statement of objects and reasonsthe lokpal and lokayuktas act, 2013 (1 of 2014), providing for the establishment of a body of lokpal for the union and making enabling provision for establishment of lokayukta for states to inquire into allegations of corruption against certain public functionaries, was enacted and brought into force with effect from 16th january, 20142 sub-section (1) of section 4 of the lokpal and lokayuktas act, 2013 (the lokpal act)provides for a selection committee for making recommendations to the president for appointment of the chairperson and members of the lokpal as per the existing provision in clause (c) of sub-section (1) of section 4, the leader of opposition in the house of the people is one of the members of the said selection committee sub-section (1) of section 4 does not contain any provision as to how the eminent jurist is to be recommended for nomination by the president under clause (e) of sub-section (1) or how the search committee shall be constituted by the selection committee under sub-section (3), when there is no leader of opposition recognised as such in the house of the people therefore, it is considered appropriate to amend clause (c) of sub-section (1) of section 4 of the lokpal act and make enabling provision for inclusion of the leader of the single largest opposition party in the house of the people as a member of the said committee further, sub-section (1) of section 4 does not specify any tenure for the eminent jurist it is, therefore, proposed to insert a proviso to sub-section (1) so as to lay down that the eminent jurist shall be nominated for a period of three years and shall not be eligible for re-nomination3 it is also proposed to amend sub-section (2) of section 4 so as to provide that no appointment of a chairperson or a member or the nomination of an eminent jurist shall be invalid merely by reason of any vacancy or absence of a member in the selection committee, on the lines of the recent amendment made in the delhi special police establishment act, 1946 similarly, it is proposed to add a proviso to sub-section (3) of section 4 so as to provide that no appointment of a person in the search committee or the proceedings of the search committee shall be invalid merely by reason of any vacancy or absence of a member in the selection committee or absence of a person in the search committee, as the case may be4 it is proposed to amend section 44, with consequential amendments in sections 59and 60 on account of the following reasons, namely:—(a) section 14 of the act defines "public servant", which, inter alia, includes prime minister, ministers and the members of either house of parliament section 44 of the act makes provision for declaration of assets and liabilities by the public servants in this regard, the representation of the people act, 1951 (43 of 1951) makes detailed provisions which provide for conduct of elections of the members of parliament, their qualifications and disqualifications for the membership of the houses, corrupt practices and other offences, etc the said act and the rules framed thereunder make elaborate provisions for filing of affidavits giving full details of the movable and immovable property and the consequences of filing false affidavits, etc in view of this, it is proposed to provide that the provisions of the representation of the people act should be applicable to them as regards the manner of filing of information regarding their assets and liabilities, instead of making a different provision under the lokpal act this will bring coherency between the lokpal act and the representation of people act(b) in case of government servants, there is a requirement of filing of property returns both at the time of joining service and annually, giving details of property transactions, under the rules framed under article 148 and article 309 of the constitution and the acts of parliament such as the all india services act, 1951 (61 of 1951) the existing rules which regulate the property transactions of the government servants are much elaborate and comprehensive in comparison to what is intended to be provided under section 44 of the lokpal act hence there is need for harmonising the said act and the rules with the provisions of the lokpal act(c) in addition to the categories of public servants covered in (a) and (b) above, there are public servants in statutory and autonomous bodies whose conduct is regulated in terms of relevant acts applicable to them and the rules and regulations made thereunder, and this also requires to be harmonised with the provisions of the lokpal act (d) for the remaining categories of public servants not specifically covered under clauses (a) to (c) above (eg ngos, etc), the power to frame appropriate regulations for matters relating to furnishing of information about assets and liabilities by them should appropriately vest in the lokpal which may either extend any set of rules or regulations applicable to government servants for such categories of public servants, or provide for a separate set of regulations, under its powers to make regulations it is accordingly proposed to amend sub-section (2) of section 44 to provide for a scheme wherein the filing of information by public servants under the provisions of the section are brought in harmony with the provisions of the respective acts, rules or regulations, as applicable to different categories of public servants it is also proposed to amend sub-section (6) in order to enable the central government to prescribe the manner in which information furnished by public servants of different categories is to be published, keeping public interest in view, by the respective competent authorities it is also proposed to amend sections 10, 16 and 23 of the lokpal act5 section 4ba of the delhi special police establishment act, 1946 (25 of 1946), as inserted by the lokpal and lokayuktas act, 2013, provides for the establishment of a directorate of prosecution headed by a director of prosecution, who will function under the overall supervision and control of the director of the delhi special police establishment the provisions of section 4ba do not lay down any eligibility conditions for appointment to the post of director of prosecution in view of this, it is proposed to substitute sub-sections (1) and (2) of section 4ba with new sub-sections, so as to provide for appropriate eligibility conditions for appointment to the post it is also proposed to insert two new sub-sections after sub-section (4) of section 4ba so as to ensure functional independence to the director of prosecution in the delhi special police establishment6 the bill seeks to achieve the aforesaid objectivesnew delhi;dr jitendra singhthe 15thdecember, 2014 memorandum regarding delegated legislationclause 7 of the bill seeks to substitute clause (k) of sub-section (2) of section 59 of the lokpal and lokayuktas act, 2013 (the lokpal act), so as to empower the central government to make rules for the purpose of prescribing the manner in which the competent authority shall, in public interest, ensure that the information referred to in sub-section (2) of section 44 is published2 clause 8 of the bill seeks to insert a new clause (da) in sub-section (2) of section 60of the lokpal act, so as to empower the lokpal to make regulations specifying the manner of furnishing information to the competent authority by public servants under clause (d) of sub-section (2) of section 443 clause 10 of the bill empowers the central government to make rules for the purpose of carrying out the provisions of delhi special police establishment act, 1946 sub-clause (2)of the said clause specifies that such rules may provide for the manner of recording and maintenance of the annual performance appraisal reports of the director of prosecution in the delhi special police establishment, under sub-section (6) of section 4ba sub-clause (3) of clause 10 of the bill provides that the rules made by the central government under the proposed new section 7 are required to be laid before each house of parliament, as soon as they are made4 the matters in respect of which rules or regulations may be made under the proposed amendments are matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the lokpal and lokayuktas act, 2013 (1 of 2014)appointment of chairperson and members on recommendations of selection committee secretary, other officers and staff of lokpalconstitution of benches of lokpal2 of 1974 25 of 1946 49 of 1988power of lokpal to grant sanction for initiating prosecution 4 (1) the chairperson and members shall be appointed by the president after obtaining the recommendations of a selection committee consisting of— (c) the leader of opposition in the house of the people—member; (e) one eminent jurist, as recommended by the chairperson and members referred to in clauses (a) to (d) above, to be nominated by the president—member(2) no appointment of a chairperson or a member shall be invalid merely by reason of any vacancy in the selection committee(3) the selection committee shall for the purposes of selecting the chairperson and members of the lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a search committee consisting of atleast seven persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the selection committee, may be useful in making the selection of the chairperson and members of the lokpal:provided that not less than fifty per cent of the members of the search committee shall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes, minorities and women:provided further that the selection committee may also consider any person other than the persons recommended by the search committee 10 (1) there shall be a secretary to the lokpal in the rank of secretary to government of india, who shall be appointed by the chairperson from a panel of names sent by the central government(2) there shall be a director of inquiry and a director of prosecution not below the rank of additional secretary to the government of india or equivalent, who shall be appointed by the chairperson from a panel of names sent by the central government 16 (1) subject to the provisions of this act,— (f) the benches of the lokpal shall ordinarily sit at new delhi and at such other places as the lokpal may, by regulations, specify 23 (1) notwithstanding anything contained in section 197 of the code of criminal procedure, 1973 or section 6a of the delhi special police establishment act, 1946 or section 19 of the prevention of corruption act, 1988, the lokpal shall have the power to grant sanction for prosecution under clause (a) of sub-section (7) of section 20 chapter xiiideclaration of assetsdeclaration of assets44 (1) (2) a public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to—(a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries;(b) his liabilities and that of his spouse and his dependent children (5) the information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed(6) the competent authority in respect of each ministry or department shall ensure that all such statements are published on the website of such ministry or department by 31st august of that yearexplanation—for the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood 59 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (j) the form and the time for preparing an annual return giving a summary of its activities during the previous year under sub-section (5) of section 44;(k) the form of annual return to be filed by a public servant under sub-section (5) of section 44; ———— extracts from the delhi special police establishment act, 1946 (25 of 1946) director of prosecution4ba (1) there shall be a directorate of prosecution headed by a director who shall be an officer not below the rank of joint secretary to the government of india, for conducting prosecution of cases under this act(2) the director of prosecution shall function under the overall supervision and control of the director ———————— a billto amend the lokpal and lokayuktas act, 2013 and further to amend the delhi special police establishment act, 1946————(dr jitendra singh, minister for personnel, public grievances and pensions)

Parliament_bills

986dd26e-9e91-5ce5-9caf-7bd2ee9b22e6

the customs and central excises (amendment) bnl, 1963 a billto amend the customs act, 1962 and fvrth,8f' to a'fl\etl&d the ctrl e:rcibes 4nd salt act 19h be it enacted by parliament in the fourteenth year of ule repub1le of india &'1 follows:-1 (1) this act may be called the customs and ctmu'a1 exci811 smtt - (amendment) act, 1963 aa4 ~ (2) it shall come into force on such date as the central government may, by notification in the offtcial gazette, appoint z in section 12 of the customs act, 1962, for sub-aeetion (2) tl1e aldciicimaa& following sub-section shall be substituted, namely:-~a:;: ~ 10 "(2) the provisions of sub-section (1) shall apply in resped i •• of all goods belonging to government as they apply in respeet at goods not belonging to government" 3 in section 3 of the central excises and salt act, 1944, fof·· aub- mi section (1a), the following sub-section shall be substituted name- ~ ~ ; ly:--i~ 1,5 (la) the provisions of sub-section (1) shall apply in r- peet of all excisable goods other than salt which are produced os manufactured in india by, or on behalf of, government, , ttiey apply in respect of loods which are not produee4 01 maau factured by government" statement of objects and reasonsclause (1) of article 289 of the constitution provides that "the property and income of a state shall be exempt froin union taxa tien" clause (2) of that article, however, permits the union to impose taltes ill respect of a trade or business of any kind carried on by il state governm~nt, or any operations connected therewith 2 the question whether customs and excise duties though levied in respect~f goods, were taxation on property and as such when any goods were imported or exported, or produced or manufactured, by state govel"nments, they enjoyed exemption under clause (1) of article 289 of the constitution, was examined from the legal and conswutional points of view and the government of india were advised that such duties were not taxation on property it was, therefore, proposed that provision be made in the customs act and the central excises and salt act for the levy of import duty and excise duty on all goods imported or exported, or produced or manu· taeitured, by state governments, whether such import, export, production or manufacture was in connection with any trade or busi-~esscarried on by the state governments or not 3 in view of the importance of the matter, and the objections raised by the state governments to the proposed provisions, a special reference was made by the president to the supreme court for its opinion under article 143 of the constitution on the interpretation of article 289 of the constitution the supreme court confirmed that the prnposed provisions would bc' eonsistent with the provisions of article 289 4 thtt legal position having been clarified, it is proposed to amend the customs act, 1962 and the central excises and salt act, 1944, so as to provide that duties of customs and excise will be leviable on all goods imported or exported, or produced or manufactured by state governments hence this bill morarji desai niw dliaii; the 1st august, 1963 1-, ,''',:''' ,~- 274 of the constitution of india{copy of letter no 2/9/61cus vi, dated the 8th august, 1m3 from shri morarji desai, minister of finance to the secretary,lok sabha] the president having been informed of the subject matter of the proposed bill recommends under articles 117(1), 117(3) and 274(1) of the constitution of india the introduction and consideration of the bill clauses 2 and 3 of the bill would have the effeet of render-in, liable to customs and central excise duties respectively certain goodl which heretofore were free of duty to that extent it would add to the work of the customs and central excise departments no addi-onal expenditure is likely on this account extractlii nom tim constitution of india •• •• 'ii •• 143 (1) if nt any time it sppears to the president that a question power of of law or fact has arisen, or is likely to arise, which is of such a prea:1e~ to nature and of such public importance that it is expedient to obtain =: b::~ the opinion (if the suprem(~ court upon it, he may refer the question to that court for consideration and the court may, after such hear ing as it thinks fit report to the president its opinion thereon (2) the president may, notwithstanding anything in the proviso to article 13], refer & dispute of the kind mentioned in the said proviso to the supr€me court for opinion and the supreme court shall, after such hearine, as it thinks fit, report to the president its opinio!l thereon 'ii •• - • •• 281 (1) the property nnd income of a state shall be exempt from bxcmpt:od union taxation ofl~perty ad income (2) nothing in clause (1) shall prevent the union from imposing, of i s~ate or authorising the imposition of, any tax to such extent, if any, al ~=~~on parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the government of a state, or any operations connected there~th, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith (3) nothing in cl:lu"le (2) shall apply to any trade or business, or to any cia !is of trade or business, which :parliament may by law declare to be incidental to the ardimry functions of government •• •• •• •• extract prom thb customs aerr, 1962 (52 01' 1962) •• •• •• chapter v levy 01', and exemption prom, customs dutiils12 (1) except as otherwise provided in this act, or any other law dutiable for the time being in force, duties of customs shall be levied at such ,oodl 3' or 1934 rates as may be specified under the indian tariff act, 1934, or any other law for the time being in force, on goods imported into, or exported from india (2) the pruvisions of sub-section (1) shall apply in respect of-(a) all ~oods belonging to the central government; and (b) all goods belonging to the government of a state and used for the purposes of a trade or business of any kind carried on by, ot on behalf of, that government, or of any operations eonnec~ with such trade or business; as they apply in respect ,of goods not belonging to any government •• •• •• - • extrac'!' from the central excises and salt aer, 1944 (1 of 1944) •• •• •• - • dut'olpecified in the first schedule to be levied 3 (1) there bhall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which are produced or manufactured in india, and a duty on salt manuf-aetured in, or imported by land into, any part of india as,and at the rates, set forth in the first schedule (la) the provisions of sub-section (1) shall apply in respect of all ~xcisab]e goods other than salt which are produced or manufactured in india by, or on behalf of, the government of a part a state or a part b state and used for the purposes of a trade or business of any kind carried on by, or on behalf of, that government or of any operations connect~ with such trade or business as they apply in respect of goods which are not produced or manufactured by any government; (2) the central government m'ay, by notification in the otftcial gazette, fix, for the purpose of l~ing the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the first schedule as chaz:geable with duty ad valorem and may alter any tariff values for the time being in force; (3) different tariff values may be fixed for different classes or descriptions of th~ same article •• •• - • - a bnj to amend the customs act, 1962 and further to amend the central excises and salt act, 1944 (shri morarji desai, mi"i,ter of fi"ance)

Parliament_bills

7a04110f-a70c-5578-9a5a-700148e9e913

bill no 24 of 2014 the sanskrit language (promotion) bill, 2014 byshri om prakash yadav, mp a billto provide for promotion of sanskrit language including its compulsory teaching in schools and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "board" means the board for promotion of sanskrit language constituted under section 8; and(c) "prescribed" means prescribed by rules made under this act3 from such date, as the central government may, by notification in the official gazette specify, the sanskrit language shall be taught as a compulsory subject in all schoolscompulsory teaching of sanskrit language in schools104 the appropriate government shall, immediately after issuance of the notification under section 3, issue directions for compulsory teaching of sanskrit language in all schools from such class onwards as it may determine, within its jurisdiction5 subject to such rules, as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching sanskrit language in schoolsappropriate government to issue directions for compulsory teaching of sanskrit language in schools appointment of sanskrit language teachers156 notwithstanding anything contained in this act, the provisions of this act shall apply to minority institutions only if the management of such institutions convey to the appropriate government their willingness to include the sanskrit language in their school curriculum207 the appropriate government shall derecognize a school, which does not comply with the provisions of section 4:provided that such school shall be given reasonable opportunity of being heard before any decision on derecognition is taken258 (1) from such date, as the central government may, by notification in the official gazette appoint, there shall be constituted a board for the promotion of sanskrit languageact to apply to minority educational institutions in certain situation derecognition of schools for noncompliance of the provisions of the act board for the promotion of sanskrit language(2) the board shall consist of a chairperson and not more than four members to be appointed by the central government in such manner as may be prescribed30(3) the salary and allowances payable to, and other terms and conditions of the service of the chairperson and other members of the board shall be such as may be prescribedfunctions of the board9 (1) the board shall perform such functions for the promotion of sanskrit language as it may consider necessary for the purpose(2) without prejudice to the generality of the foregoing provision, the board shall:—(i) monitor the progress of promotion of sanskrit language in the country;35(ii) take steps for collection and safekeeping of sanskrit manuscripts from differentparts of the country;(iii) organize workshops and fairs in different parts of the country with a view topopularize sanskrit language especially among the youth; and(iv) encourage the translation of sanskrit books in various indian languages40central government to provide fund10 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the states for carrying out the purposes of this act11 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the act power to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act510(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 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 the 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 statement of objects and reasonsthe sanskrit language represents the soul of india it has been the vehicle of indian thoughts for millions sanskrit contains literature of exemplary value and the finest indian minds found the expression in itit is indeed very sad that such a language has suffered utter neglect although, it is included in the eighth schedule to the constitution, enough has not been done to promote it in a situation where the new generation is running away from its own roots and has developed a contempt for the cultural traditions of our country, the importance of teaching sanskrit becomes crucial the time has come when we must make sincere efforts to make the new generation aware of the great traditions and thoughts of india accordingly, it is proposed in the bill to make teaching of sanskrit compulsory in schools to enable our children to identify themselves with noble traditions and thoughts of our countrythe bill also envisages creation of a board for the promotion of sanskrit language the proposed board will not only oversee the progress being made for the promotion of sanskrit language, but will also take other pro-active measures including translation of sanskrit epics and plays in other indian languages and safekeeping of priceless sanskrit manuscripts lying in various parts of the countryhence this billnew delhi;om prakash yadavjune 6, 2014 financial memorandumclause 5 of the bill provides for appointment of sanskrit language teachers in all schools clause 8 provides for creation of a board for promotion of sanskrit language clause 10 provides for payment of adequate funds to the states for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five hundred crore per annum will be involveda non-recurring expenditure of rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for promotion of sanskrit language including its compulsory teaching in schools and for matters connected therewith or incidental thereto————(shri om prakash yadav, mp)gmgipmrnd—685ls(s-3)—27062014

Parliament_bills

a62aebf7-2e01-58e1-9276-15fa6b535df1