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the converts' marriage dissolution bill, 1962(as introduced in laic sabha on 4th sbptbmber, 1962) bnl, 1962 (as introj)ucbd in lok sabra) a billto provide for the dissolution under certain circumstance of marriages of cont'etts and fat matters connected therewi'ua bz it enacted by parliament in the thirteenth year of the republic 'of l1ldia lls follows:-chapter i preliminary5 t (i) tliis°act may 1>e caned theccmverts' mai'riagedimolutlon short title act, 1962 aad extcd& °(2) -it 'extends to tlie whole otindia except the·state·of jammu '8rl4 kashmir 2 in this act, unless the context otherwise :requires,-j)cftnitiodl 10 (a) "conversion" means change of 'religion °ahd "includes renunchafion 'of 'religion; (b) "diatrict court" means, in any area for which there is ' city civil court, that court, and in any other area the principal civil court of ariginal jurisdiction, and includes any other civil 15 court which may be specified by the state government, by notification in the ° o!(c!ial gaietfe, as having jurisdiction in respect of the matters dealt with in this act; :(c) 64fntiia"omettfls the territoric!stb whidl tms"actextemis; and (d) "minor" means a person who has not completed the age of eighteen years ° ° chapter ii ej'li'ilct ar conversion on marriages a-effect of conversion generallyconvenloll by iuelfnot to dillolve maniqe 3 notwithstanding anything contained in any other law for the time being in force, the conversion of a husband or wife shall not by s itself t'perate to dissolve his or her marriage prohibition c every person who, during the life-time of his or her spouse by ofbipmy a marriage contracted before conversion, contracts any other marriage after his or her conversion, shall be subied to the penalties provided in section 494 and section 495 of the indian penal code 10 f 86~ for the offence of marrying again dutin~ the life-time of a wife or i 45 0 i husband, and the marriage so contracted shan be void ~i=:= 5 no marriage shall be dissolved at the instance of a spouse on on pound of the ground of the conversion of that spouse, except as provided in codvcnlo~ this act is dot permlt- ted except uacler mo b-dinoluticm of man-iage on refusal to cohabit after conversion e (1) if in consequence of the conversion of a husband or a dillolution of marriage od conver- wife, the other spouse, not being 8 minor, repudiates, or refuses to :::, o~~c:c cohabit with, such husband or wife the marria«e, whether solemparty refuaes nized before or after the commencement of this act, may, on a peti- 20 to cohabit tion presented by such husband or wife be dissolved by a decree of divorce on the ground of such repudiation or refusal (2) no petition shall be entertained under this section unless at the time of the presentation of the petition a period of not less than two years has elapsed since the conversion of the petitioner 25 :t'drr::r: 7 where a decree of dissolution of marriage under this act has penoua been passed, and the time for appealing has expired without an appeal having been presented, or an appeal lias been presented but bas been dismissed and the decree of dissolution has become final, but not sooner, either party to the marriage may marry again 30 chapter m jurisdiction and proceduu8 every petition under this act shall be presented to the atstrlct eourt within the local limits of whose' ordinary arlglnal civil jurisdictiod-35 (4) the respondent is restdfng 'at the time of the presentatlon of the petition, or (b) the marriage was solemnized, or (c) the husband and wife lajt resided together, or 5 (d) the petitioner is residing at the time of presentation df the petition, provided the respondent is, at that time, residing outside india t no court shall entertain any petition for the dissolution of an, jurijlctioa marriage under this act unless the parties are domiciled in india at of indian the time of the presentation of the petition ourti 10 (1) every petition presented under this act shall state dis- con~ 10 unct1y the facts of the case and shall also state that there is no ~~~ of collusion between the petitioner and the other party to the marriage~ peti~ (2) the statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints and may, at 15 the hearing, be referred to as evi&!nee 11 subject to the other provisions contained in this act and to a,~tiod luch rules as the high court may make in this behalf, all proceed- ~'vil :~ 1ngs under this act shall be regulated, as far as may be, by the code d~re of civu procedure, j908 j of 1~,8 20 12 where in any pl'oceeding under this act it appears to the maintcd&dcc court that either the wife or the husband, as the case may be, has t""":::d no independent income suffic·jent for her or his support and the e~ of necessary expenses of the proceeding, it may, on the application of the proccedidp wife or the husband, order the respondent to pay to the petitioner 25 ~e 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, may seem to the court to be reasonable 13 (1) any court exercising jurisdiction under this act on the p~rmancnt application of any person, may, at the time of passing any decree of ~~te!a~ 30 dissolution of marriage or at any time subsequent thereto, order that the petitioner shall, while the respondent remains un-married, pay to the respondent for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the respondent as, having regard to the petitioner' 35 own income and other property, if any, the income and other property of the respondent and the conduct of the parties, may seem to the court to be justj and any such payment may be secured, if necestary, by a charge on the immovable property of the petitioner (2) where a petition for dissolution of a marriage under this act 40 has been filed by the husband, the court shall not pass a decree of dissolution of the marriage without passiag an order under subsection (1) unless, fer special reasons to be recorded, the court ~: ,~~ ,sllck, ordr i~ wmlee~ (3) if the court is satided that there is a change in the circumstances of either party at any time after it has made an order under s !lulhiection (1), it loay" althe, in$p,ce, of ~i: pa,rty, vbrf, inp,dify or dt8lzijid my, such 0j:d~ ~ su:ca ll)bluler ~ the, court, n;a41 ,'deem just ' ", , , (f) ~ the court is satisfied that the party in whose favour an o~:d~ has been made under this section has re-married' or, if such 10 party is the wife, that she has not remained chaste, or, if such party is the husband, that bee hq, hac:i se~ intercour:se with any woman outside wedlock, it sbe1l r~ the order ' 14 (1) in any proce~, under this act, the co~ ~y m8~e such provisions in the decree as it deems just and proper with respec~ is ~ any property presented, at, or about the time of,' t~e lllal'riage, which may beleng jo1ntlly to both the husbaw;l and the wife (2) in any proceeding under this act in which the c~, pro-j:lp~,c;es a decr~ for ~lution of marriage, the court may inquire h;lto ,the, e?,i~ence of an~e-nuptial or post-nuptial settlements madezo on the pa~i~ whose maniage'is the subject of the decree, and may make such' orders,' with' reference to the application of, the whole or iply pa~ ,o!- the property ~ settled (whether the seulementis for tile benefit of the children of the marriage or of the parties to ~e ~iage or both), 'as the court thinks fit 25 (3) the court shall not make any order under subsectlon (2) for ,the benefit of ,the parents or either of them at the expense :>f the children of '15: (1) subject to the provisions at sub-section (z), many ,proc~ding under this act, the court may from time to ttm"pasa such 30 interim orders ad make such provisions in the decree as it, d\by de,em just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wlh~ver possible, and may, after the decree, upon application by,petition for the purpose, make, from time to time, all such orders andpravislc;ms 3s with re~pect !o the custody, maintenance and education of such children as might have been made by such decree orinteiim orders in case tb,e proceecling for obtaining such decree were s~ill pending, ~the co1p1 may al~o from time to tipte revoke, suspend or vary any such orders and provisions previously made -40 ~) ~ anwriaae is dlsa9lved ~r this ~ ~ the ~ioi1 of any person, the respondent shall ~ enti~d t9 ~ ellstody of the minor children of the marriage, unless the court, by reason of the special circumstances of the case, deems it just to make an order to s the contraq 1~ all decrees and orders made by the court in any proceeding enforcemcdt under this act shall be enforced in the like manner as the decrees ~d~~: and orders of the cow;t made in the exercise of its original civil jurisdiction for the wne being are ~orcecl' 10 j7 all decree& and orders made by the court in any procee~ing =:creea un,de:r this act sball be appealable as decrees of the court made in dd orden the exercise of its original civil jurisdiction, and such appeal shall lie to the court to which appeals ordinarily lie from 'the decisions of ~~ court given in the exercise of its oriainal civil jurisdiction: , " :' ' , ~ is provided that there shall be no appeal on the subject of ~ts only chapl'er iv miscellaneous18, the high court may, by notification in the official gazette, rul~ ~ make such rules consistent with the provisions contained in this act his 20 as it may consider expedient for the purpose of carrying into effect the provisions of this act 19 in any proceeding under this act, proof of the respondent's proof l of refusal or voluntary neglect to cohabit with the petitioner, after the refu petitioner's conversion and after knowledge thereof by the respon-2s dent, shan be sufficient evidence of such repudiation or refusal being in consequence of the petttioner's conversion, unless some other sufficient cause for such repudiation or refusal be proved by the respondent 20 the dissolution of a marriage under this act shall not operate dilolu~loll 30 to deprive the respondent's children (if any) by the petitioner of ~~n:r:c their status as legitimate children or of any right or interest which ~tui ~ they would have had according to the perslonal law applicable to =lu them, by way of maintenance, inheritance or otherwise, in case the marriage had not been dissolved under this act 35 21 for the purposes of this act, a person to whom the hindu pzovi~~od marriage act, 1955, applies, shall not be deemed to have been con- =n~1li to vert~ to another religion if, even after such conversion, the said act ~nc: ~ continues to apply to such person rlail act appliel both before add aftcrcomv- special mar riaae act &epeai 23 (1) the converts' marriage dissolution act, 1866 and ahy 21 of 1866-enactment corresponding to that act in force in any area immediately before the commencement of this act, are hereby repealed (2) nothing contained in this section shall aftect any proceeding s under the converts' marriage dissolution act, 1866, or any such 21 of 1866 coltesponding enactment, pending at the commencement of this act and any such proceeding may be continued and determined as if the converts' marriage dissolution act, 1866 or such coltesponding 10 21 of 1866 enactment, as the case may be, had not been repealed (3) the provisions of sub-section (2) shall be without prejudice to the provisions contained in section 6 of the general clauses act, 1897, which shall also apply to the repeal of the coltesponcling enaet-10 of 1891 ~~ is 'tatement of objects and reasonsthe converts' marriage dissolution act, 1866, provides that when - husband or wife changes his or her reugion to· christianity and if in consequence of such change the other party to the marriage deserta or repudiates the convert, the convert can move the court for a decree dissolving the marriage, and the court may pass such a decree after complying with the procedure prescribed therein during the examination by the law commission of the law relating to marriage and divorce among christians in india, this act was criticised as being discriminative in character in that it applied only to cases of conversion from hinduism and it gave reuef only in cases of conversion to christianity in its 18th report the law commjssion has recommended the replacement of this act by a law applicable to all c0n-verts uniformly which would confer on a convert the right to have the marriage contracted before conversion dissolved on such terms u amght be just and proper this bill seeks to implement the 18th report of the law c0mmission the notes on clauses explain in detau the sa11ent featurel of the bill a k sen new delhi; the 24th auvu", 1962 ,~~ l-the existijig ,act namely the converts' martial bi~sbl:ution act, 1866 does not extend to the union territory of mmipur a1j there is no longer any justiftcatlon for its exclusion tlieproposed l~wwi11 no\v 'extend to the whole of india except tlmnu and kashmir czawe 2-the expresslon "eonversion" h8s been defined to include a mere renunciation of religion not followed up by conversion to another religion clause a-tile oeject of' 'this clause is to provide that the cod-~ersltm of a spouse win not by itself put an end to the marriage ~e law at present is that conversion from one monogamous r~lig1on to another does not 'ipso facto put an end to the marriage where the conversion is from a monogamous religion to a polygamoua religion, the law is equally well-settled that such conversion will not operate as a dissolution 'of the marriage urider'section 4: of the dissolution of mu~im marriages act, 1939,' the renunciation of islam by a married muslim woman or her conversion to anotherfaith does not by itself operate to dissolve her marriage where a muslim husband changes his religion the law is however, di1ferent, and this clause while largely declaratory of the existing law, seeks to make a slight modification in muslim law for the sake of uniformity ciawe 4-the object of this clause is to ensure that merely by conversion a person is not enabled to contract a second marriage so long as the marriage contracted before the conversion is not duly dissolved in most cases the personal laws now applicable prohibit bigamy and in such cases this clause will be merely of a declaratory nature where, however, the personal law does not prohibit bigamy, this clause will afford tile non-converted spouse a much needed relief clawe 5-this clause provides that the only method by which a convert can get his pre-converslon marriage dissolved would be under this law claule 6-thls follows sections 4: and 5 of the converts' marriage dissolution act 1866, but the requirement that the desertion or repucjfatidn must have been for the space of six continuous montha has been omitted as unnecessary further, the word "desertion" has also not been used as it is inappropriate in the context of the relief which is based not on any matrimonial offence of the non; converted party but on the ground of conversion not being acceptable to that party instead, the words "refuses to cohabit" have been used a minimum interval of two years between the conversion and the petition is provided for the purpose of dibcourag-' ing sham conversions clause 7-this clause provides that the parties to a decree ~or divorce may re-marry once the decree has become final and is on the lines of the c;:orresponding provision in other matrimonial laws clause 8-subject to the restriction contained in clause 9, this clause seeks to define the district court which will have jurisdiction' in respect of petitions under the proposed law the respondent's residence is the main basis but provision is made to meet other cases as in the hindu marriage act, 1955, and the special marriage act, 1954 clause 9-following sections 4 and 5 of the converts' marriage dissolution act, 1866 (read with the definitions of "husband" and uwife" in that act), and in accordance with well-accepted principles of private international law, jurisdiction under this law will be exercised only if the parties are domiciled in this country clauses 10, 11 a7fd 12-these are modelled mainly on the corx:es,,: ponding provisions in the hindu marriage act 1955, and the special marriage act, 1954 clause 13-this clause deals with permanent alimony and maintenance and is modelled, subject to important qualifications on the corresponding provisions in the special marriage act 1954, and the hindu marriage act, 1955 it is considered that only the respondent in the main proceedings should 'be entitled to relief under this clause so far as the petitioner is concerned, he or she would have instituted proceedings on account of his or her own act, and hence it is not desirable that the petitioner should be given a right to claim maintenance from the other party sub-clause (2) makes a special provisiot:l that unless the court decides otherwise, a decree for dissolution 01 marriage should be passed, where the petitioner is the husband, only after suitable orders have been made for the maintenance of the wife the reason being that once a decree for dissolution has been passed, the husband will be free to marry again and he might thereafter become indifferent and remiss in carrying out his obugatinns to the divorced wife and it would work great hardship if she were to hang on to the court fqr en~orcin~ her rights cz,\&8e h-bubclause (1) is intended to enable the court to put 0~4'~s relatini to the dispoaal of property presented to the parti ~, ul~ t~e of marriage and belonging to them jointly it is based ~ a ~4u: provision in ilie hindu marriage act, 1955 sub-clauses w ~q (3) are ~tended to eiupower the court to deal with propertilt ~ued before or after the marriage of the parties, and are based on similar prov!sions in the indian divorce act, 1869 ~ 14-sub-clause (1) is intended to enable the court to pass qij\er arts ~i with dissolution of marriage makes comprehensi- pro~ w~th l'eapect to custody, maintenance and education o{ ~or chudren sub-clause (2) embodies a special provwon ~efrini il prefefential right to the c\lstpdy of the children on the d9jl-c,onverted spo\lse subject to the paramount consideration of the weuare of the children clgum j6-thia clause makes the usual provisions as to execution of decrees and orders clci'u!it 11~this provides for appeals &gamst decrees and amers :u ~ been modeued o~ the conef\poi)diog pt'o¥ia,idns of ouler ac$1t t~jdg to marriage aud divorce, with the difference that decl'eea ~ ordera are made appealable as "decrees" and dot as "orders," ls orders are dot normally appealable under the civil procedure cqde under the converts' marriage dissolution act, 1866, no provision ~ been made for any appeal, though a provision has been made for a reference of the case to the high court it is felt that all appeal would be more appropriate and convenient than a reference e'l4uae 19~-this clause, based on secuon 21· of the ccdftverts' marriage diuolution act, 1886 embodies a uaeful presumption clause 2o-this clause embodies the substance of section 27 of the c~verts' marriage dissolution act, 1866, and is intended to ~~r~ the status and property rights of the children of the ~arrlg,~ cli11j,je ?~-thi$ clause is intended to ensure that c);ijlng~ froll1 9~ sect to another within tbe fold of hindu law will nqt be d~emed ·\0 b,e con:verslon, clawon- 22,-this dause excludes meti'i~ges solenujiseci under the $teeial ma~ge act, 1954, from ~e purview: of the proposed ~lauon ·8inoe a difterence of religion doa not codle in the way af it naa~riage undertaat act, any subsequent change of: i'eligion ~ not abo have any effect ·on a marciage· eontracted under act clause 23-seeks to repeal the converts' marriage di8lo1ution act, 1866, with the necessary saving provisions clause 18 of the bill, like section 62 of the indian divorce act, 1869 and section 41 of the special marriage act, 1954 authorises the high court to make rules for carrying into effect its provisions chapter in lays down in detail ule procedure to be followed by that court in matters arising under the proposed legislation, but rules may still be necessary to supplement its provisions as for example, in respect of matters relating to the form of petitions, the particulars to be contained therein, the payment of costs, etc the delegation of legislative power is of a normal character - -, , a bill to provide for the dissolution under certain circumstances of maniages of converts and for matters connected therewith - (shri asoke k· sen, minister of law)

Parliament_bills

9a44e4cd-9944-57f6-8869-d53c17e101a6

bill no 105 of 2016 the prevention of cruelty to animals (amendment) bill, 2016 by shrimati poonam mahajan, mp a billfurther to amend the prevention of cruelty to animals act, 1960be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement1 (1) this act may be called the prevention of cruelty to animals (amendment) act,20165(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of section 1159 of 1960102 in section 11 of the prevention of cruelty to animals act, 1960 (hereinafter referred to as the principal act), in sub-section (1), for the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both", the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than three thousand rupees but which may extend to five thousand rupees, and in the case of a second or subsequent offence committed within three15years of the previous offence, with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees or with imprisonment for a term which may extend to six months, or with both" shall be substituted3 for section 12 of the principal act, the following section shall be substituted, namely:—5substitution of new section for section 12penalty of practising phooka, doom dev or use ofoxytocin10"12 if any person performs upon any cow or other milch animal the operation called phooka or doom dev or any other operation (including injection of any substance or oxytocin) to improve lactation which is injurious to the health of the animal or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with imprisonment for a term which may extend to four years, or with both, and the animal on which the operation was performed shall be forfeited to the government"amendment of section 20154 in section 20 of the principal act, for the words "which may extend to two hundredrupees", the words "which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees" shall be substitutedamendment of section 26205 in section 26 of the principal act, for the words "he shall be punishable on convictionwith fine which may extend to five hundred rupees, or with imprisonment which may extend to three months, or with both", the words "he shall be punishable on conviction with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with imprisonment which may extend to six months, or with both" shall be substituted6 for section 31 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 3125cognizability of offences2 of 1974"31 notwithstanding anything contained in the code of criminal procedure,1973, any offence punishable under this act shall be a cognizable offence within the meaning of that code"amendment of section 387 in section 38 of the principal act, for sub-section (3), the following sub-section shallbe substituted, namely:—30''(3) if any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with imprisonment for a term which may extend to six months, or with both'' statement of objects and reasonsthe prevention of cruelty to animals act, 1960 was enacted to provide for prevention of infliction of unnecessary pain or suffering on animals however, the same has not achieved its purpose owing to lesser penal provisionsthe act has failed to protect animals for more than decades now animal abusers have continued to take advantage of the obsolete act and continue to inflict unfathomable amount of cruelty on animals and remain unpunishedin animal welfare board of india vs a nagaraj, dated 07052014, the hon'ble supreme court observed, inter alia,—�parliament is expected to make proper amendment of the prevention of cruelty to animals act, 1960 to provide an effective deterrent to achieve the object and purpose of the act and for violation of section 11, adequate penalties and punishments should be imposed�parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honourthus, there is an urgent need to amend the penal provisions of the act in compliance with the judgment of the supreme court and to prevent the unnecessary pain and suffering to animals and to ensure that the act is deterrent to animal abusersthis bill, therefore, seeks to replace penal provisions of the prevention of cruelty to animals act, 1960 with increased penalty the amended provision will promote the constitutional duty of compassionhence this billnew delhi;poonam mahajanmarch 22, 2016 annexure extracts from the prevention of cruelty to animals act, 1960| | | | | ||------|------|------|------|-----|11 (1) if any person—treating animals cruelly(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treatsany animal so as to subject it to unnecessary pain or suffering or causes, or being the owner permits, any animal to be so treated; or (o) promotes or takes part in any shooting match or competition wherein animalsare released from captivity for the purpose of such shooting:he shall be punishable 19 [in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend, to one hundred rupees or with imprisonment for a term which may extend, to three months, or with both]| | ||-------------|------|| penalty for | || practising | || phooka | or || doom dev | |12 if any persons upon any cow or other milch animal the operation called practising phooka or 21 [doom dev or any other operation (including injection of any or doom devsubstance) to improve lactation which is injurious to the health of the animal] or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to the government| ||---------------------------------------------------------------------------|| penalties || 20 if any person— || (a) contravenes any order made by the committee under section 19; or || (b) commits a breach of any condition imposed by the committee under that || section: |he shall be punishable with fine which may extend to two hundred rupees, and, when the contravention or breach of condition has taken place in any institution the person incharge of the institution shall be deemed to be guilty of the offence and shall be punishable accordingly| | | ||--------------------|------|------------------------------------------------------------------------------|| offences | | || 26 if any person— | | || ( | a | ) not being registered under this chapter, exhibits or trains any performing || animal; or | | |(b) being registered under the act, exhibits or trains any performing animal with respect to which or in a manner with respect to which, he is not registered; or(c) exhibits or trains as a performing animal, any animal which is not to be used for the purpose by reason of a notification issued under clause (ii) of section 22; or(d) obstructs or wilfully delays any person or police officer referred to in section 25in the exercise of powers under this act as to entry and inspection; or(e) conceals any animal with a view to avoiding such inspection: or(f) being a person registered under this act, on being duly required in pursuance of this act to produce his certificate under this act, fails without reasonable excuse so to do; or(g) applies to be registered under this act when not entitled to be so registered, he shall be punishable on conviction with fine which may extend to five hundred rupees or with imprisonment which may extend to three months, or with both cognizability of offences31 notwithstanding anything contained in the code of criminal procedure, 1898, (5 of1898) an offence punishable under clause (1) or clause (n) or clause (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of that code 38 (1) power to make rules(3) if any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both ———— a billfurther to amend the prevention of cruelty to animals act, 1960————(shrimati poonam mahajan, mp)gmgipmrnd—33ls(s3)—25-04-2016

Parliament_bills

c4658b58-53a2-5839-b02c-b1903af6854b

the national volunteer force bill, 1955(as introduced in loic sabha) 11m national volunteer force bill, 1955 (as introuced in lok sabha) a billto provide for the constitution of a national volunteer force for impmti~ mutary trrainil1g to citizens ,of india be it enacted by parliament in the sixth year of the republic of i,mia as fohows:--short title 1 (1) this act may be called the national volunteer force act, andextcnt 1955 5 (2) it extends to the whole of india definitions 2 l1il this act, unless the context otherwise tequires,-(a) 'camp' means any place established under section 4 as a eamp where any 'body of volunteers is ,for the --time being undellqoilbg training; 10 (b) 'force' means the national volunteer force 'constitut-'ed under this act; (c) 'prescribed' means prescribed by rae made undel' this act; 15 l{d) 'superior afticer' means any ,officer, junior eommissioned officer, warrant officer or non-commissioned officer iof the regular army or of the territorial army; (e) <volunteer' means a ]!ierson enrolled in the ~ce under this act; 20 (f> all words and expressions used in this act and not, de'fined but defined in the army act, 1950, or in the territorial army act, 1948, shall have the meanings respectively assigned to them in the said acts 3 there shall be raised and maintained by the central government a force to be designated the national volunteer force by the enrolment of volunteers in the manner hereinafter provided constitution of the national volun~r force establishment of campti 4 th~ central government may establish such number ot camps for the purposes of the force as it thinks fit and may close s down or re-establish any such camps enrolment 5 any citizen of in,dia not below the age of eighteen years and not above the age of forty years may offer himself for enrolment as a volunteer and may, if he satisfies the prescribed conditions, pe enrolled in the prescribed manner by the prescribed authority for 10 such period and subject to such conditions as maybe prescribed duties of volunteers 6 no person shall, on the ground only of being a volunteer be liable for military service, but subject thereto a volunteer may be called upon to undergo such training as may be prescribed, and while undergoing such training shall perform such duties and dis- is charge such obligations as the prescribed authority may, by gene- ral or sjliecial order, direct diachargc 7 every volunteer shall be entitled to receive his discharge from the force on the expiration of the period for which pe was enrolled, but may, prior to the expiration of that period, be dis- 20 charged from the force by such authority and subject to such conditions as may be prescribed offences and 8 (1) if any volunteer commits any of the following offences, penalties that is to say,-(i) without sufficient cause fails to attend at any place 2s when· duly required to do so; or (ii) while in camp on duty-(a) absents ~imself from the camp without leave; (b) uses criminal force or uses threatening or insubordinate language to a superior officer or assaults a supe- 30 riorofficer; (c) disobeys any lawful command of a superior officer; (d) neglects to obey any standing, general or other orders by the officer commanding the camp; (e) uses criminal force to, or assaults, any volunteer 3s xlvi 0' or any person subject to the army act, 1950, or the ter-1950 ritorial army act, 1948; lvi of (f) knowingly d~ any act which is prejudicial to 1948 the maintenance of good order or military discipline in camp; 40 he shall be punished summarily by order of the prescribed authoritr with fine which may extelld to fifty rupees or, in default, by bemg confined to barracks for a term which may extend to seven days (2) any fine imposed by order of the prescribed authority under 4s sub-section (1) may, on application made in this behalf by the prescribed authority to a magistrate having jurisdiction in the place where the volunteer resides or has a place of business, de recovered in accordance with the provisions of the code of criminal procedure, 1898, as if it were a fine imposed by such magistrate v or 189 - 9 if any volunteer wilfully or negligently causes lo~s of, or lia~llity for 5 damage to, any property of the government, the prescribea autho- c:usmct::s rity may, after giving him an opportunity of being heard and after ~ or govc: making such inquiry into the matter as it thinks nt, make an order ment requiring him to make good the loss or damage within such time property as may be specified in the order or within such further time as 10 may be allowed by the prescribed authority in this behalf, and where the amount thereof as determined by the prescribed authority is not paid within the time allowed, it shall, on application made by the prescribed authority to the collector of the district in which the volunteer resides or has a place of business, be i s recovered from him in the same manner as an arrear of land revenue 10 where a volunteer is required by or in l'ursuance of any presumption rule made under this act to attend at any place, a certificate pur- d' to certain porting to be signed by the prescribed officer stating that the ocuments 20 volunteer so required to attend failed to do so in accordance with such requirement shall without proof of the signature or appointment of such officer, be evidence of the matters stated therein 11 (1) the central government may, by notification in the power to official gazette, make rules to carry out the purposes of this act make rules 2s (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 authorities by which, the manner in which, the period for which, and the conditions subject to which, any 30 person may be enrolled as a volunteer; (b) the training, discipline, duties and obligations which a volunteer has to undergo, observe, perform or discharge under this act; (c) the authorities by which, and the conditions subject 35 to which, a volunteer may be discharged; (d) the manner in which, and the conditions subject to which, a volunteer may be called out for training or duties; (e) the determination of authorities for the purposes of this am; 40 (f) the officers by whom certificates may be signed under section 10; and (g) any other matter which under this act is to be or may be prescribed s:i"atement of objects and reasonsthe object of the scheme envisaged in the bill is to provide for the constitution of a national volunteer force for imparting military training to the members of the public with a view to inculcating among them a sense of discipline, security and selfreliance and' interest in national service military training will be given in camps, which will be set up at convenient places and, wherever possible, in the vicinity of community projects all able-bodied male citizens between the ages of 18 and 40 are eligible to join' the national volunteer force the bill' seeks to provide the legal basis for the imparting of training, the establishment of training camps and the exercise of disciplinary control over the trainees while in the camps matters of administrative details connected with training, remuneration payable to trainees, issue of sto:r:es and the like will be regulated by means of rules to be framed under the proposed law k n katju nsw denhi; the 21st september, 1955 financial memorandumthe forillaj:ion of the national volunteer force, originally cal~ led auxiliary territorial army subsequently renamed as auxiliary territorial fol!ce involves expenditure from the consolidated ]j'und of india at the auxiliary territorial force rural camps, the trainees were provided with free rations and tented or other accommodation for the period of training trainees in urban camps were not required to stay in camps but they were entitled to a small refreshment allowance all trainees were given an out·ofpocket allowance of rs 5/-on completion of training a rural camp was of one week's duration (subsequently increased to 10 ~) and in urban camps, training v:as g·:ven for 3 hours per day for two weeks in the national volunteer force the duration of training will be 30 days on completion of which an out-of'pucket allowance of rs 15/- per trainee will be given each camp is i,ntended to train 500 persons 200 such camps will be held each year the scope of tra':ning will be more comprehensive 2 the cost of training will depend on the number of persons to be trained it is estimated that the expenditure involved in its implementation would amount to approximately rs 1 crore per annum which will be partly met by reducing non~ssential equipment and personnel in the territorial army necessary financial provision has been included in the defence service estimat~s fqf 195~56, memorandum regarding delegated legislationthe broad features of the scheme envisaged in the bill, namely, the constitution of the national volunteer force, the establishment and closure of camps, the recruitment of citizens of india as members of the force and the penalties to which they will be liable are laid down in the bill itself sub-~lause (1) of clause 11 of the bill empowers the central government to make rules for carrying out the purposes of the act the particular matters in relation to which such rules may be made have been enumerated in subclause (2) of that clause these matters are matters of adminis-~rative detail necessary for the il1lplementation of the scheme and day-to-day administration of the act and deal with such things as the prescription of the authorities by which members of the force may be recruited, the manner in which, the period for which, and the conditions subject to which, such persons may be enrolled, the training, discipline, duties and obligations which such persons may undergo, observe, perform or discharge, the manner in which, and the conditions subject to which, such persons may be called out for training, the allowances or other remuneration to be paid to such persons, the conditions subject to which such persons may be discharged and so on the d~legation of legislative powers is thus of the normal type, because it is both unnecessary ahd difficult to lay down matters of administrative deta:ls in the ennctment itself a bill to provide for the constitution of a national volunteer force for imparting military training to citizens cf india the president has, in pursuance of clause (3) of article i 17 of the constitution of india, recommended to the lok sabha the consideration of the bill m, n kaul, secretary (dr kailas natk katju, minister of defence)

Parliament_bills

062aa907-d20d-55d0-af23-4f315611628f

bill no 122 of 2014 the delhi special police establishment (amendment) bill, 2014 a billfurther 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:—short title1 this act may be called the delhi special police establishment (amendment) act,201425 of 19462 in the delhi special police establishment act, 1946, in section 4a,—amendment of section 4a5(a) in sub-section (1), for clause (b), the following clause shall be substituted, namely:—"(b) 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"; (b) after sub-section (1), the following sub-section shall be inserted, namely:—10"(2) no appointment of a director shall be invalid merely by reason of any vacancy or absence of a member in the committee" statement of objects and reasonssection 4a of the delhi special police establishment act, 1946 (25 of 1946), as amended by the lokpal and lokayuktas act, 2013 (1 of 2014), provides for a committee for recommending a panel of officers to the central government for appointment of the director of the delhi special police establishment as per the existing provision in clause (b) of sub-section (1) of section 4a, the leader of opposition in the house of the people is one of the members of the said committee2 in the absence of a provision as to how the selection may be made when there is no leader of opposition recognised as such in the house of the people, it is considered appropriate to amend clause (b) of sub-section (1) of section 4a of the delhi special police establishment act, 1946 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 keeping in view the legislative practice followed in this regard, it is proposed to provide that no appointment of a director shall be invalid merely by reason of any vacancy or absence of a member in the committee3 the bill seeks to achieve the aforesaid objectsnew delhi;jitendra singhthe 18th november, 2014 annexure extract from the delhi special police establishment act, 1946 (25 of 1946) 4a (1) the central government shall appoint the director on the recommendation of the committee consisting of—committee for appointment of director (b) the leader of opposition in the house of the people—member; ———— a billfurther to amend the delhi special police establishment act, 1946————(dr jitendra singh, minister of personnel, public grievances and pensions)

Parliament_bills

420b92fe-808d-5197-aa54-d5a060eba6f5

bill no i of 2007 the divorcee women welfare bill, 2007 abillto provide for maintenance and welfare measures to be undertaken by the state for the divorcee women or separated women 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 divorcee women welfare act, 2007(2) it extends to the whole of indiashort title extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) ''advisory committee" means the divorcee women welfare advisory committee constituted under section 4(b) ''appropriate government'' means in the case of a state, the government of that state and in other cases, the central government25 of 1955 43 of 1954 4 of 1869(c) ''divorcee woman" means a woman whose marriage has been dissolved under section 13 of the hindu marriage act, 1955 or under sections 27 and 28 of the special marriage act, 1954 or under section 10 of the indian divorce act, 1869 or under muslim personal law or on any other ground she has been separated from her husband and who has no relative to support her or who has no independent source of livelihood including her minor children dependent on her(d) "fund" means the divorcee women welfare fund created under section 3 (e) "prescribed" means prescribed by rules made under this act3 there shall be formed a fund to be called the divorcee women welfare fund after due appropriation made by parliament in this behalf for the purpose of undertaking welfare measures and providing facilities to divorcee womenformation of divorcee women welfare fundconstitution of the advisory committee4 (1) the appropriate government shall constitute a divorcee women welfare advisory committee in each district within its jurisdiction for the purposes of performing functions assigned under this act(2) the district collector shall be the ex-officio chairperson of the advisory committee and other members shall be nominated by the appropriate government in such manner as may be prescribed(3) each advisory committee shall consist of such number of members as may be prescribed which shall also include the representatives of the organisations which are working for upliftment of destitute and helpless women of the society5 it shall be the duty of the advisory committee to:—(i) promote the welfare measures for the divorcee womenfunctions of advisory committee(ii) examine the eligibility of the divorcee woman and recommend to the appropriate government to provide facilities to her under this act(iii) give wide publicity through the electronic and print media about the welfare measures provided under this act(iv) perform such other functions not inconsistent with the provisions of this act as may be assigned to it by the appropriate government from time to time6 the appropriate government shall on the recommendations of the advisory committee provide the women covered under this act, the following facilities, namely:—(a) monthly allowance to lead a minimum standard of living; (b) residential accommodation free of cost; (c) free education including technical education to dependent children; (d) free medical aid; (e) gainful employment; (f) free vocational education wherever necessary;(g) such other facilities, as may be necessary for her rehabilitation, proper development and for maintaining a respectable life in the society:provided that if any woman covered under this act either gets gainful employment or remarries, all the facilities provided to her and to her dependent children in accordance with the provisions of this act, shall be withdrawn from the date she gets the gainful employment or remarries as the case may begovernment to provide fund7 the central government and the state governments shall contribute adequate funds to the divorcee women welfare fund from time to time in such proportions as may be prescribed for carrying out the purpose of this actpower to make rules8 the central government may by notification in the official gazette make rules for carrying out the purpose of the act statement of objects and reasonsin our country there is great disparity between the economic ramifications of divorce between men and women men remain relatively unaffected while women, especially those with children, face difficulty in "providing food, clothing and shelter for themselves and their children" often a women is not able to rely on her family for support because many parents feel they have discharged their obligations to a daughter by arranging her marriage and providing dowry dowries are not return after divorce also, due to the social stigma of divorce, women find it difficult to remarry and usually attempt to establish an independent householdwhile one should have the right to divorce, it is still a highly stigmatizing actionwomen are looked upon more harshly than men in this regard there continue to be segments of indian society that feel divorce is never an option, regardless of how abusive or adulterous the husband may be which adds to the greater disapproval for women a divorced woman often will return to her parents family, but may not be whole heartedly welcomed she puts, especially if she has children, an economic burden on her family and is often given lowly household tasks to perform there is also the risk that a divorced woman's presence would ward off possible marriages for other daughters within the household unavoidably, the overall status of the family and household are lowered by having a divorcee living with them a woman's class and caste are a major factor in her acceptance back into society women from higher classes tend to have an easier time than middle or lower class women in returning to the social order after a divorce an exception to this model is the extreme bottom of the society who have experienced little rebuff from peers after a divorce this results from their already a typical status in societyas is well known among the poor who form the majority of the population—families are in no position to support even unmarried daughters or sisters exposures of questionable 'marriages' of young girls to foriegn tourists, by poor families, of continued 'sale' of young women of different communities, and the high incidence of suicides, and destitution among poor women after divorce, provide substantial evidence of the inability of their parents or other relatives to provides maintenancemore impracticable, unrealistic and unjust is the expectation that a divorced woman will sue her parents/other relatives to obtain maintenance it is an unfortunate fact of life that the inheritance right of daughters to their fathers' property generally remain unimplemented because most women find it inadvisable to sue their brothers field research provides ample evidence that widowed, divorced or deserted women dependent on their parental families find their lives unbearable, particularly after the death of the parents also social research among poor women of all communities, has already identified growing irresponsibility of husbands and fathers as a serious problem the question also needs to be asked—why should the brother shoulder the responsibility, while the husbands, responsible (in the majority of cases) for the act of divorce are absolved of all responsibility? moreover the position of a divorcee woman is more aweful in rural area because of being illiterate due to the conservative attitude of villagers, they are exploited to the extent possibleours being a welfare state, it is expedient to liberate the divorcee women from exploitation by providing them financial assistance and other necessary facilities so that they live honorably in the society for this purpose divorcee woman welfare fund should be created to ensure that life of no divorcee woman will become so miserable due to poverty which may enable the unscrupulous elements of the society to exploit the situation and make their lives disgraceful in the societyhence this bill financial memorandumclause 3 of the bill provides for creation of the divorcee women welfare fundclause 4 provides for the constitution of divorcee women welfare advisory committee clause 6 provides for various facilities to the divorcee women clause 7 provides that the central government shall contribute to the divorcee women welfare fundthe 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 from the consolidated fund of indiaa non-recurring expenditure of rupees hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purpose of this bill the rules will relate to matters of detail onlythe delegation of legislative power is of normal character————abill to provide for maintenance and welfare measure to be undertaken by the state for the divorcee women or separated women and for matters connected therewith or incidental thereto————(ms pramila bohidar, mp)

Parliament_bills

234b78ab-f0b8-5492-a8c2-1452c47ff380

bill no xxi of 2016 the prevention of atrocities on women bill, 2016 a billto prevent atrocities against women in the country, to propvide for special courts for the trial of such offences committed against women and for the relief and rehabilitation of the victims of such offences 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 atrocities on women act, 2016(2) it extends to the whole of indiashort title, extent and comencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of state, the government of that state and in all other cases the central government:(b) "atrocity" means an offence punishable under section 3:52 of 1974(c) "code" means the code of criminal procedure, 1973:(d) "employer" means,—(i) in relation to an establishment under the control of the appropriate government, the head of the department or ministry as the case may be;10(ii) in relation to an establishment under any local authority or local self government, the chief executive officer by whatever designation called;(iii) in relation to other cases, the person or the authority who has the ultimate control over the affairs of the work place (e) "special court" means a court of session specified as a special court in section 7;15 45 of 1860(f) words and expressions used but not defined in this act and defined in code or the indian penal code shall have the meanings assigned to them respectively in the code, or as the case may be, in the indian penal code 3 (1) whoever,—punishment for offences of attrocities20(i) makes any lewd remarks, gestures, signs or insinuations against a woman in office or in any public place(ii) assaults or uses force against any woman with intent to dishonour or outrage her modesty;25(iii) forcibly removes cloths from the person of a woman or parades her naked or with painted face or body or commits any similar act which is derogatory to human dignity;(iv) compels or entrices a woman to do 'begar' or other similar forms of forced or bonded labour;(v) being in a position to dominate the will of a woman and uses that position to harass or exploit her sexually to which she would not have otherwise agreed;30(vi) intentionally insults or intimidates with intent to humiliate a woman in any place within public view;(vii) institutes false, malicious or vaxatious suit or criminal or other legal proceedings against a woman;35(viii) takes pictures or video of a woman without her consent or knowledge by violating her privacy;(ix) forces or compels any woman into prostitution; (x) declares any woman witch or daiyan or by any other name called;40shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which may extend to twenty-five thousand rupees (2) whoever, being a public servant,commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to the maximum punishment provided for that offencepunishment for neglect of duties4 whoever, being a public servant, willfully neglects his duties required to be performed by him under this act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one yearspecial court5| 5 ||------------------------------------------------------------------------------------------------|| the concurrence of the chief justice of high court, by notification in the official gazette, || specify for each district a court of sessions to be a special court to try offences under this || act |10procedure to be followed by special court6 (1) where the special court is satisfied, upon a complaint or a police report that a persons is likely to commit an offence under this act, it may, by order in writing, direct such person to remove himself beyond the limits of such area, within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding one year, as may be specified in the order(2) the special court shall, along with the order under sub-section (1), communicate to the person directed under that sub-section the grounds on which such order has been made15(3) the special court may revoke or modify the order made under sub-section (1), for the reasons to be recorded, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order20| 7 ||----------------------------------------------------------------------------------------|| be punishable with imprisonment for a term which may extend to two years and with fine || which may extend upto ten thousand rupees || punishment || for contra- || vention of || order of || special court || declaration || of area prone || to attrocities |258 a district magistrate or a sub-divisional magistrate or any other executive magistrate or any police officer not below the rank of a deputy superintendent of police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this act and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take preventive action in such manner as may be prescribed309 (1) the appropriate government shall provide such relief and rehabilitation to thewictims of the atrocities under this act by framing schemes as may be notified from time to timeappropriategovernmentto frame scheme35(2) without prejudice to the generality of the aforesaid provision the appropriategovernment shall provide free board and lodging and medical facilities to the severely affected victims of atrocities under this act10 the central government shall, after due appropriation made in this behalf, providesuch requisite funds for being utilised for the purposes of this actcentral government to provide funds power to remove difficulty4011 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 it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this act45protection of action taken in good faith12 no suit, prosecution or other legal proceeding shall lie against the central government or against the state government or any officer or authority of government or any other persons for anything which is in good faith done or intended to be done under this actact to have over-riding effect13 save as otherwise provided in this act, the provisions of this act shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or ussage or any instrument having effect by virtue of any other lawpower to make rules514 the central government may, by notification in this official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonswomen are the most vulnerable lot of our society every now and then, women are subjected to atrocities and violence in one form or the other they are subjected to all kinds of torture which more often than not go unreported at times, the administration does not respend with the kind of agility that is required on the incidents of atrocities on women there is no dearth of incidents when women are paraded naked in many places in our country and, at time, also declared as witches or daiyans this is the worst kind of treatment given to women without any fault they are left at the mercy of their fate and no one comes to their rescue further, sexual harassment of women in work place is also very common and frequent the supreme court of india has taken this issue very seriously in the case of vishaka and others vs state of rajasthan and others [1997 (7) sec 323] the supreme court has laid down norms and guidelines to be followed by employers or other responsible persons in the work places or other institutions to prevent or deter the commission of acts of sexual harassment and also to provide the procedures for resolution, settlement or prosecution of acts of sexual harassment by taking all steps required including setting up of complaints committees for redressal of the complaint made by the victim pending the enactment of suitable legislative the national commission for women had also taken up this issue very seriously it was, however been found that the complaint committees were not formed in a number of cases women are continued to be mentally and sexually exploited and pushed into flesh trade in, 2013, the government enacted a legislation namely the sexual harassment of women at work place (prevention, prohibitions and redressal) act, 2013 in order to provide protection against sexual harassament of woman at work place and for the prevention and redressal of complaint of sexual harassment etc there is however, a need for strict punishment which will serve as deterrent for others and also special courts for expeditious trial of those accused of offences committed against womenshence this bill financial memorandumclause 9 of the bill provides that the appropriate government shall provide relief and rehabilitation to the women and children who are victims of atrocities further, clause 10 of the bill provides that the central government shall provide requisite funds for the purposes of this bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty crore will be required for the purpose non-recurring expenditure to the tune of rupees one crore will also be required memorandum regarding delegated legislationclause 14 of the bill gives power of the central government to make rules for carrying out the purposes of this bill the rules will relate to the matters of details only the delegation of legislative power is of normal character rajya sabha———— a billto prevent atrocities against women in the country, to propvide for special courts for the trial of such offerences committed against women and for the relief and rehabilitation of the victims of such offences and for maters connected therewith or incidental thereto————(shri vijay jawaharlal darda, mp)gmgipmrnd—680rs(s3)—03-05-2016

Parliament_bills

0afad232-caab-5912-922d-940184d3d6c6

bill no xiv of 2009 the special economic zones (amendment) bill, 2009 a billfurther to amend the special economic zones act, 2005be it enacted by parliament in the sixtieth year of the republic of india as follows:— 1 (1) this act may be called the special economic zones (amendment) act 2009short title and commencement(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint28 of 200552 after section 24 of the special economic zones act, 2005, the following section shallbe inserted, namely:—insertion ofnew section24apenalty on misrepresentation of facts"24a if any "developer", "co-developer" or "entrepreneur" misrepresents any material fact before any authority, constituted under the act, he shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five lakhs rupees statement of objects and reasonsever since, the special economic zones act, 2005, and the schemes prepared under the act have come into force, respective state governments have recommended the cases of various developers, co-developers and entrepreneurs for establishing special economic zones in their respective statessince the concept involves grant of considerable amount of land to the applicants, with a number of facilities, concessions and tax exemptions, number of applicants seeking to establish sezs, is increasing, although, world-wide recession has reduced the number of applicants to some extent, in recent timeshowever, since a number of procedural formalities are involved in obtaining approvals/permissions/licenses under the act, there may be cases where applicants may be tempted to misrepresent facts before the authorities under the actland is becoming a scarce commodity, and, therefore, it cannot be allowed to be misused in the name of establishing units or projects under the act there has been a criticism that many a developers intend to apply for projects in the name of special economic zones but their object tends to be, clandestinely for commercial purposes such applicants exaggerate and misrepresent the requirement of land before the authorities some also intend to sublet the rights over the land without the permission of the authorities, while, others give misleading projection regarding the export potentials of their products some applicants also lack basic potential to establish such projects and are expert in manipulating vital figures and facts in all such matters, element of misrepresentation, remains the main culprit, and, therefore, such acts should not go unnoticed and unpunishedhence, this billshantaram laxman naik annexureextract from the special economic zones, 2005 (section 24) 24 appeal to high court—any person aggrieved, by any decision or order of the court designated under sub-section (1) of section 23, may file an appeal to the high court within sixty days from the date of communication of the decision or order of the courts so designated to him on any question of fact or law arising out of such orders: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days explanation - in section 23 and in this section "high court" means the high court of the state in which the special economic zone is situated ———— a billfurther to amend the special economic zones act, 2005————(shri shantaram laxman naik, mp)gmgipmrnd—3554rs(s5)—31-07-2009

Parliament_bills

82a93bfd-3e93-50c9-9786-80757339a1d8

bill no 67 of 1983 the salary, allowances and pension of members of parliament (amendment) bill,1983 abnl "further to amend the sa14ry, allowcnces 4na pension of members 01 parliament act, 19m be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1 this act may be called the salary, allowances and pension of members of parliament (amendment) act, 1983 5 2 in section 3 of the salary, allowances and pension of members of 30 of 1954 parliament act, 1954,-, (a) for the words "five hundred rupees", the words ~'sevell hulldred aad fifty rupees" shall be substitu'ted; (b) for the words "fifty-ore rupees", the words "seyenty-five 10 rapees" shall be suwituted statement of objects and reasonsaccording to section 3 of the salary, allowances and pensio~ of members of parliament act, 1954, a member is entitled to receive salary at the rate of rs 500 per mensem this rate was fixed by an amendment made in 1964 according to the same section, a member is entitled to an allowance at the rate of rs 51 for each day during any period of residence on duty and this rate was fixed by an amendment made in the principal act in 1969 the emoluments of members at these rates have become highly inadequate in relation to the high cost of living 2 the joint committee on salaries and allowances of members of parliament had recommended that the salary of members may be raised from rs 500 to rs 750 per month and that therr daily allowance may be raised from rs 51 to rs 101 per day it is proposed that while the salary " may be raised as recommended by the joint committee, the rate of daily allowance may be revised so as to be rs 75 for each day during any period of residence on duty 3 tj11! bill seeks to give effect to the above objecw " -new delhi; 'buta singh the 3rd may, 1983 financial memorandumclause 2 of the bill seeks to amend section 3 of the salary, allowances and peuion of members of parliament act, 1954 for the purpose at increasing the salary of members of parliament from rs 500 to rs 750 per month and also for the purpose of increasing the rate of daily allowance payable to them for each day during any period of residence on duty from'rb 51 to rs75 this would involve additional expenditure of a recurring nature the additional experiditure on account of increase in salary of members would, be approximately rs 25,00,000 per year and the additional expenditure on account of increase in the rate of daily auowanc~ of members would be approximately rs 75,00,000 per year 2 the provisions of the bill do not involve any other expenditure, whether of a recurring or non-recurring nature annexureextract from the salary, ailow ances and pension of members or parliament ac:r, 1954 (30 of' 1954) - - - - salaries and daily allowadgiii i 3 a member shall be entitled to receive a salary at the rate of ave hundred rupees per mensem during the whole of his term of oftlce and subject to any rules made under this act an allowance at the rate of fifty-one rupees for each day during any period of residence on duty - - - - - a billfur1her to amend the salary, allowances and pension of members af parliament act, 1954 (shri buta singh, minister of parliamentary affairs, sports and works and housing)

Parliament_bills

26ca91f7-fc28-52a8-bcca-7bae3874831b

bill no iii of 2010 the infiltration of illegal immigrants (prevention, identification and deportation) bill, 2010 a billto provide for the prevention of infiltration of illegal immigrants into the country fromthe neighbouring countries and for their identification and deportation to thecountries of their origin by setting up a national commission for thatpurpose and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the infiltration of illegal immigrants (prevention, identification and deportation) act, 2010short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effect2 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 other cases, the central government(b) "commission" means the national commission on the illegal immigrants established under section 3 of this act5(c) "illegal immigrants" means any foreign national who comes to india or infiltrates through the borders or otherwise without any visa or proper and valid documents issued by the designated authority of government of india in any foreign country;(d) "prescribed" means the prescribed by rules made under this act;31 of 194610(e) terms and expressions used and not defined in this act, but defined in the foreigners act, 1946 shall have the meanings respectively assigned to them in that actestablishment of commission3 (1) the central government shall within six months of the commencement of this act, establish a commission to be known as the national commission on illegal immigrants for carrying out the purposes of this act15(2) the commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued(3) the commission shall consist of,—20(a) a chairperson who shall be a serving or retired judge of the supreme court to be appointed by the president of india in consultation with the chief justice of india and the prime minister;(b) four other members, with such qualifications and experience as may be prescribed, to be appointed by the president of india25(c) a vice-chairperson to be elected from amongst its members who shall exercise such powers and perform such of the functions of the chairperson as may be prescribed and as may be delegated to him by the chairperson from time to time (4) the chairperson and other members of the commission shall hold office for a term of five years and shall be entitled to such salaries and allowances and facilities as may be prescribed(5) the head office of the commission shall be at shillong in the state of meghalaya30(6) the commission shall have a secretariat consisting of a secretary and such other officers and employees to assist the commission in discharging its functions with such terms and conditions of service as may be prescribed and determined by the central government from time to time35(7) the commission may associate with itself in such manner and for such purposes, as may be prescribed, any person whose assistance or advice it may desire in complying with any of the provisions of this act and the person so associated shall have the right to take part in the discussions of the commission relevant to the purposes for which he or she has been associated but shall not have the right to vote40(8) the commission while discharging its functions shall follow such procedure and meet in such manner as may be prescribedestablishment of state commission4 (1) the central government may, by notification in the official gazette, establish a state commission on illegal immigrants for a state or group of states for carrying out the purposes of this act(2) the state commission shall consist of,—45(a) a chairperson who shall be a serving or retired judge of a high court; and(b) three other members with such qualifications, as may be prescribed(3) the provisions of the commission relating to tenure of office, salary and allowances, secretariat and procedure to be followed shall apply mutatis mutandis to the state commission5functions of the commission5 (1) the commission shall be an advisory and implementing body for the preventionof infiltration of illegal immigrants from the porous borders of the neighbouring countries and for the identification of illegal immigrants throughout the country and for their deportation to their countries of origin within time frame(2) without prejudice to the generality of sub-section (1) of section 5, the measures referred to therein may provide for,—10(a) prescribing guidelines for prevention of infiltration of and identification ofillegal immigrants and their nationality throughout the country;(b) identification of illegal immigrants and their nationality in the union territories; (c) direct the appropriate government for deportation of illegal immigrants fromtheir territorial jurisdiction in the manner prescribed by it;15(d) facilitate speedy hearing of cases against illegal immigrants; (e) hear any complaint against or appeal against the findings of the statecommission; and(f) taking such measures as the commission may deem necessary or expedient for carrying out the purposes of this act| 6 | the state commission shall perform the following functions, namely:— ||------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------|| 20 | || functions of | || the state | || commission | || ( | a || their respective nationality residing in their respective territorial areas of jurisdiction in | || a time bound manner; | || 25 | || ( | b || commission and the appropriate government for their deportation to their countries of | || origin | |7 notwithstanding anything contained in any other law for the time being in force, the commission shall have the powers of a civil court in respect of the following matters, namely:—commission to have powers of civil court30(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; (d) requiring any public record or copy thereof from any court or office;35(e) issuing summons for examination of witness or documents; (f) any other matter as may be prescribed8 (1) notwithstanding anything contained in any other law for the time being in force, the commission may direct the appropriate government to,—power of the commission to direct the a p p r o p r i a t e governments40(a) stop all assistance whether provided by the government or otherwise enjoyedby the illegal immigrants forthwith;(b) impound the ration card, voter's identity card and other forged or genuine documents of their residential proof obtained illegally by such illegal immigrants;(c) delete the names of illegal immigrants from the electoral rolls of the territorial jurisdiction of the respective governments;(d) terminate the services of illegal immigrants in case they got employment either in public or private sector;(f) take immediate action for deporting the illegal immigrants to their countries of origin5(2) the appropriate government shall, as soon as may be, take such appropriate actionas directed by the commissionrepresentation to the commission109 (1) any illegal immigrant or person, as the case may be, aggrieved or who has anycomplaint against a decision or finding of any state commission shall have the right to represent to the commission who shall consider the same and dispose it of within one month(2) whoever represents to the commission under sub-section (1) of section 9 shall be given an opportunity of being heard before disposing of such application by the commission1510 it shall be the duty of the appropriate government and the state commissions to ensure that no inconvenience is caused to any bonafide citizen of the nation during the implementation of the actbonafide citizens not to be harassed 11 the central government shall after due appropriation made by the parliament by law on this behalf, provide the requisite funds for carrying out the purposes of this actcentral government to provide requisite funds power to remove difficulty2012 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may make such order not inconsistent with the provisions of this act, as apprears to it to be necessary or expedient for the removal of the difficultyact to have overriding effect2513 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 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 applicable to illegal immigrants and foreign nationals in the countrypower to make rules14 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 is surrounded by many countries with porous bordersas a result, many foreigners find it easy to infiltrate into the country be it for livelihood or with dubious intentions but the fact of the matter is that this infiltration into our country is going on unabated as a result there are millions of illegal immigrants staying in various parts of the country and more so in the north-eastern states, west bengal and even in the national capital and the national capital region these illegal immigrants are not only increasing the number of our over-populated nation but have also been found indulging in criminal and anti-national activities and try to destabilize the country by helping terrorists from across the borders our country is not in a position to feed and sustain these illegal immigrants as we are already over-populated and struggling hard to provide basic necessities of life to our people unfortunately, these illegal immigrants are from our neighbouring countries they easily mix up with the local population and it is difficult to detect them unless sincere efforts are made by the authorities with the help of local people it is also very stunning that many of them have become voters and got their electors cards alongwith ration cards and other documents to show themselves as indian citizens this nexus has to be broken and therefore it has become entirely necessary to identify these illegal immigrants and deport them from our countryearlier there was a law namely the illegal migrants (determination by tribunals) act,1983 to deal with the problem of illegal immigrants but the same has since been struck down by the supreme court as such practically there is no law at present to deal with this serious problemhence this billthomas sangma financial memorandumclause 3 of the bill provides for the establishment of the national commission on illegal immigrants clause 4 provides for the establishment of the state commissionclause 11 makes it obligatory for the central government to provide requisite 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 estimated that a sum of rupees three hundred crore may involve as recurring expenditure per annuma sum of rupees two hundred 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 prevention of infiltration of illegal immigrants into the country from the neighbouring countries and for their identification and deportation to the countries of their origin by setting up a national commission for that purpose and for matters connected therewith and incidental thereto————(shri thomas sangma, mp)gmgipmrnd—2326rs(s5)—03-05-2010

Parliament_bills

cf0ffde3-1023-5476-917d-a98b8e4d2103

financial memorandumclause 3 of the bill seeks to amend section 8a of the act, to provide for increase in the amount of pension for ex-members of parliament 2, the above provisions would involve a recurring expenditure from the consolidated fund of india to the extent of rs 345 crores per annum approximately i 3 the provisions of the bill will not involve any other expenditure either recurring or non-recurring annexure extracts from the salary, allowances and pension of members of parliament acr, 1954(30 or 1954) 5 (2) (2) every member shall be entitled to an amount equal to the fare by air for each single journey by air [other than a journey referred to travelling allowances for intermediate journeys in section 4 or the second proviso to sub-section (1) of this section or section 6c] performed by him from any place in india to any other place in india during his term of office as such member: provided that no member shall be entitled to any payment under this sub-section in respect of any journeys in excess of sixteen performed by him during any year, y explanation i—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 to travelling allowances payable under that section explanation ii—for the purposes of this section, "year" means - | 74 of | 1985, ||---------------|----------|| (i) | || in | || the | || case | || of | || a | || person | || who | || is | || a | || member | || at | || the | || commence- | || ment | || of | || the | || salary, | || allowances | || and | || pension | || of | || members | || of | || parlia- | || ment | || (amendment) | || act, | || 1985, | || the | || year | || beginning | || with | || such | || commencement | || and | || each | || of | || the | || subsequent | || years; | || (ii) | || in | || the | || case | || of | || a | || person | || who | || becomes | || a | || member | || after | || such | || commencement, | || the | || year | || beginning | || with | || the | || date | || on | || which | || his | || term | || of | || office | || as | || such | || member | || commences | || and | || each | || of | || the | || subsequent | || years | || { | || | || | || | || | || | || | || pension, | || 105 | of || 8a | || (1) | || with | || effect | || from | || the | || commencement | || of | || the | || salaries | || and | || allowances | || of | || members | || of | || parliament | || (amendment) | || act, | || 1976, | || there | || shall | || be | || paid | || a | || pension | || of | || five | || hundred | || rupees | || per | || mensem | || to | || every | || person | || who | || has | || served | || for | || a | || period | || of | || five | || years, | || whether | || continuous | || or | || not,— | || i | |(i) as a member of the council of states; or (i) as a member of the house of the people; or (iii) partly as a member of the council of states and partly as a member of the house of the people; or | (iv) as a member of the provisional parliament; or (v) partly as a member of the provisional parliament and— (a) partly as a member of the council of states and partly as a member of the house of the people, or (b) partly as a member of the council of states or partly as a member of the house of the people: 21 of 1981, provided that with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1981, any person who has served as aforesaid for a period which falls short of five years by not more than sixty days, shall also be paid a pension of five hundred rupees per mensem: provided further that where any person has served as aforesaid for a period exceeding five years, there shall be paid to him an additional pension of fifty rupees per mensem, for every year in excess of five: provided also that every person, who has served for any period as a member of the provisional parliament and who is not entitled to any pension under the foregoing provisions of this sub-section, shall, with effect from the commencement of the salary, allowances and pension | | | | | | | | | | 74 | of | 1985 ||---------------|--------------|----------|---------------|--------------|--------------|-------------|--------------|----------|----------------|---------|---------|| of | members | of | parliament | (amendment) | act, | 1985, | be | entitled | to | a | pen- || sion | of | five | hundred | rupees | per | mensem | | | ( | | | || explanation | 1—for | the | purposes | of | this | sub-section | "provisional | | | | || parliament" | shall | include | the | body | which | functioned | as | the | constituent | | || assembly | of | the | dominion | of | india | immediately | before | the | commence- | | || ment | of | the | constitution | ! | | | | | | | | || 43 | of | 1951 | | | | | | | | | || explanation | 2—where | in | any | general | election | held | for | the | purpose | | || of | constituting | a | new | house | of | the | people, | poll | could | not | be || parliamentary | constituency | or | any | part | thereof | on | the | date | originally | | || fixed | under | clause | (d) | of | section | 30 | of | the | representation | of | the || act, | 1951 | on | account | of | snowfalls | or | other | weather | conditions | of | an || treme | nature | in | such | constituency | or | part | thereof | or | on | account | of || constituency | or | part | thereof | being | inaccessible | for | any | reason, | the | mem- | || ber | elected | to | such | house | from | such | constituency | shall | be | deemed, | for || the | purposes | of | this | sub-section, | to | have | served | as | member | for | such || house | from | the | date | of | publication, | under | section | 73 | of | the | said || the | notification | relating | to | such | house | | | | | | |(3) where any person entitled' to pension under sub-section (1) is also entitled to any pension from the central government or any state government or any corporation owned or controlled by the central government or any state government or any local eee under any jaw or otherwise; then— | (a) where the amount of pension to which he is entitled under such law or otherwise, is equal to or in excess of that to which he is entitled under sub-section (1), such person shal! not be entitled to any pension under that sub-section; and , | (b) where the amount of pension to which he is entitled under such law or otherwise, is less than that to which he is entitled under sub-section (1), such person shall be entitled to pension under that sub-section only of an amount which falls short of the amount of pension to which he is otherwise entitled under that sub-section: provided that any pension (whether known as swatantraia sainik samman pension or by any other name) received by such person as a freedom fighter shall not be taken into account for the purpose of this sub-section and such person shall be entitled to receive such pension in addition to the pension to which he is entitled under sub-section (1)

Parliament_bills

adc84821-a984-5bda-a333-8cb2077a26f7

the indian post office (amend- ment) bill, 1956(as introducbd in loe sabra) the indian post office (amendment) bill, 1956 (as introduced in lok sabha)a bill j/ii< pflfu't:d 'bu tk","b:,j'()w,' fl:e:'~ji:~ lutther to amend the indian post office act, 1898 be it enacted by parliament in the seventh year of the republic of india as follows :-i (1) this act may be called the indian post office (amendment) short title act, 1956, and commencement, 5 (2) it shall come into force on such date as the central govemment 6 of 18\,10 may, by notification in the official gazette, appoint 2 for the first schedule to the indian post office act, 1898, the fo1- s b' , u stltut1l1n lowing schedule shall be substituted, namely :-of a new schedule for "the first schedule ~~hedu~ir:~ act 6 of inland postage rates j898 10 (see section 7) lettersfor a weight not exceeding one tola 13 naye paise for every tola, or fraction thereof, exceeding one 15 tola 6 naye paise postcards5 naye paise single, 10 naye paise reply book, paltetn and sample packetsfor the first five tolas or fraction thereof - 6 nay!! paise for every additional two and a half tolas, or fraction thereof, in excess of five tolas 3 naye paise registered newspapers s for a weight not exceeding ten tolas 2 naye paise for a weight exceeding ten tolas and not exceeding twenty tolas 3 naye paise for every twenty tolas, or fraction thereof, exceeding twenty tolas 3 naye paise [0 in the case of more than one copy of the same issue of a registered newspaper being carried in the same packet-for a weight not exceeding ten tolas 3 nqye paise for every additional five tolas, or fraction 15 thereof, in excess of ten tolas 2 naj'e paise provided that such packel shall not be delivered at any addressee's residence but shall be given to a recognised agent at the post office parcels for a weight not exceeding forty tolas 50 1wye paise for every forty tolas, or fraction thereof, exceeding forty tolas 50 naye paise 20 with the amendment of the indian coinage act, 1906 c3 of 1906) by act 31 of 1955, it has become necessary to refix the postage rates in terms of decimal system of coinage the bill accordingly amends the first sche· dule to the indian post offic! act, 1898, so as to fix the postage rates in terms of the naye paise for the different categories of postal articles specified in that schedule in so fixing the rates the principle has been kept in view that there should be an approximate equivalence between the new rates and the existing ratcs new delhi; jagjivan ram the 13th august, 1956 - the first schedule inland postage rates(s,e section 7) letters for a weight not exceeding one tola two annas for every tola, or fraction thereof, exceeding oac tola one anna postcards nine pies one and a half annas boole, pattern and sample paclcels for the first five tolas or fraction thereof one anna for every additional two and a half tolas, or fraction thereof, in excess of five tolas six pies registered nefljspapers for a weight 110t exceeding ten tolas ' three pies for a weight exceeding ten tolas and not exceeding twenty tolas six pies for every twenty tolas, or fraction thereof, exceeding twenty tolas six: pies, in the case of more than one copy of the same issue of a registered newspaper being carried in the same packet-for a weight not exceeding ten tolas six pies for every additional five tolas, or fraction thereof, in excess of ten tolas three pies: provided that such packet shall not be delivered at any addressee's residence but shall be given to a recognised agent at the post office parcels for a weight not exceeding forty tolas eight annas for every forty tolas, or fraction thereof, exceeding forty tolas eight annas gipd-ss-joos m of law-z4-8-s6-j8,50 a bill further to amend the indian post office act, 1898 the president has, in pursuance of clause (i) of article 117 of the constitution of india, recommended to lok sabba the inttoduction of the bill, pa88" by the lute nab, m n kaul secretarjl (shrijagji'datt ram, minister of communicatiom)

Parliament_bills

7a2c0227-d730-585d-b73d-2e5fee4fb464

bill no 34 of 2012 the piracy bill, 2012 a bill to make special provisions for suppression of piracy and to provide for punishment for the offence of piracy and for matters connected therewith or incidental thereto whereas india is a signatory to the united nations convention on the law of the sea adopted by the united nations on the 10th december, 1982;and whereas the aforesaid convention, among other things, states that all states shall co-operate to the fullest possible extent in the repression of piracy on high seas or any other place outside the jurisdiction of any state;and whereas it is considered necessary to implement the provisions relating to piracy contained in the conventionbe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the piracy act, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 (1) in this act, unless the contest otherwise requires,—2 of 1974(a) "code" means the code of criminal procedure, 1973; (b) "convention state" means a state party to the united nations convention of the law of the sea 1982;5(c) "designated court" means a court of session specified as a designated court under this act;(d) "notification" means a notification published in the official gazette; (e) "piracy" means, —10(i) any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed —(a) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;15(b) against a ship, aircraft, persons or property in a place outside the jurisdiction of any state; (ii) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts, making it a pirate ship or aircraft;(iii) any act of inciting or of intentionally facilitating an act described in sub-clauses (i) and (ii);20(iv) any act which is deemed piratical under the customary international law; (f) "pirate ship or aircraft" means a ship or aircraft which, if, —25(i) it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in sub-clauses (i) to (iii) of clause (e);(ii) it has been used to commit any such act, so long as it remains under the control of the persons guilty of that act45 of 186030(2) the words and expressions used in this act and not defined but defined in the indian penal code or the code shall have the meanings respectively assigned to them in those codes(3) any reference in this act to a law which is not in force in any area, shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that areapunishment for piracy353 whoever commits an act of piracy shall be punished with imprisonment for life except where the accused has caused death in committing the act of piracy or attempt thereof in which case he may be punished with death and in addition the designated court may also subject to any restitution or forfeiture of property involved in the commission of the offence40attempt to commit piracy4 an attempt to commit piracy or any unlawful attempt intended to aid, abet, counselor procure for the commission of an offence of piracy shall also constitute an offence and is liable on conviction to be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to finepunishment to accomplice to piracy455 every person who is an accomplice to an act of piracy shall be liable on convictionto be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fineconferment of power of investigation6 (1) notwithstanding anything contained in the code, for the purposes of this act, the central government may, by notification, confer on any gazetted officer of that government or of a state government the powers of arrest of any person, investigation and prosecution exercisable by a police officer under the said code5(2) the designated court shall have jurisdiction to prosecute— (a) any person who apprehended by or in the custody of the coast guard vessel or an indian naval warship regardless of the nationality or citizenship of such person and is accused of committing an act punishable under this act;10(b) when a person is accused of committing an act of piracy is a citizen or national of india or is a resident foreign national in india or is a stateless person;15(c) when an offence under this act is committed on board a foreign flag ship, where the law enforcement or other public authority of the port or place where the ship is located has been requested to intervene by the state whose flag the vessel is entitled to fly, or by the owner of the ship or its master or other person on board the ship: provided that nothing in this sub-section shall apply if the ship in question is a warship or auxiliary ship or is a government owned ship employed in non-commercial service and under the control of the government authorities at the time of the act of piracy otherwise giving rise to jurisdiction to the court20 (3) notwithstanding anything contained in any other law for the time being in force, the designated court shall have the jurisdiction to try a proclaimed offender in absentiapresumption7 in any prosecution of an offence under this act, if it is proved—25(a) that the arms, ammunition, explosives and other equipments were recovered from the possession of the accused and there is a reason to believe that such arms, ammunition, explosives or other equipments of similar nature were used in the commission of the offence; or(b) that there is evidence of use of the force, threat of force or any other form of intimidation caused to the crew or passengers of the ship in connection with the commission of the offence; or30(c) that there is evidence of an intended threat of using bomb, arms, firearms, explosives or committing any form of violence against the crew, passengers or cargo of a ship,35the designated court shall presume, unless the contrary is proved that the accused had committed such offence and the burden of proof that the accused has not committed such offence shall shift to the accuseddesignated courts8 (1) for the purpose of providing for speedy trial of the offences under this act, the central government shall, after consulting the chief justice of the concerned high court, by notification, specify—(i) one or more court of session in the state, to be designated court for the purposes of this act; and40(ii) the territorial jurisdiction of each such court(2) notwithstanding anything contained in the code, a designated court shall, as far as practicable, hold the trial on a day-to-day basis9 (1) notwithstanding anything contained in the code,—45offences triable by designated court(a) all offences under this act shall be triable only by the designated court specified under sub-section (1) of section 8;5(b) where a person accused of or suspected of the commission of an offence under this act is produced before a magistrate under sub-section (2) or sub-section(2a) of section 167 of the code, such magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such magistrate is a judicial magistrate and seven days in the whole where such magistrate is an executive magistrate: provided that where such magistrate considers —(i) when such person is forwarded to him under this sub-section; or10(ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be produced before the designated court having jurisdiction;15(c) the designated court may exercise, in relation to the person produced before him under clause (b), the same power which a magistrate having jurisdiction to try a case may exercise under section 167 of the code, in relation to an accused person in such case who has been forwarded to him under that section;20(d) a designated court may, upon a perusal of a complaint made by an officer of the central government or the state government, as the case may be, authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial (2) while trying an offence under this act, a designated court may also try an offence other than an offence under this act, with which the accused may, under the code, be charged at the same trial2510 save as otherwise provided in this act, the provisions of the code shall apply to the proceedings before a designated court and the person conducting a prosecution before a designated court shall be deemed to be a public prosecutor appointed under the said codeapplication of code in proceedings before a designated court provisions asto bail3011 (1) notwithstanding anything contained in the code, no person accused of an offence punishable under this act shall, if in custody, be released on bail or on his own bond unless—(a) the public prosecutor has been given an opportunity to oppose the application for such release; and35(b) where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail (2) nothing contained in this section shall be deemed to affect the special powers of the high court regarding grant of bail under section 439 of the codeprovision as to extradition12 (1) the offence under this act shall be deemed to have been included as extraditable offences and provided for in all extraditable treaties made by india40(2) in the absence of a bilateral extradition treaty, the offences under this act shall be extraditable offences between india and other convention states on the basis of reciprocity34 of 196245(3) for the purposes of application of the provisions of the extradition act, 1962 to the offences under this act, any ship registered in a convention state shall, at any time while that ship is plying, be deemed to be within the jurisdiction of that convention state whether or not it is for the time being also within the jurisdiction of any other country(4) for the purposes of this section, the provisions of section 188 of the code shall applyarrest and seizure of property13 (1) on the high seas, or in any other place outside the jurisdiction of any state, every state may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board5(2) a seizure on account of piracy may be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorised to that effectgeographic scope14 (1) for the purposes of geographic scope, the provisions of this act shall also extend to the exclusive economic zone of india10 80 of 1976 (2) in this section, the expression "exclusive economic zone of india" shall have the same meaning as assigned to it in section 7 of the territorial water, continental shelf, exclusive economic zone and other maritime zones act, 1976 statement of objects and reasonssince 2008, a major spurt in attacks by pirates, particularly in the gulf of aden and off the coast of somalia, has seriously affected the safety and security of maritime traffic and personnel plying between asia and europe and the east coast of africa with the enhanced naval presence in the gulf of aden, pirates have been shifting their area of operations eastwards and southwards and some piracy incidents have also taken place close to india's exclusive economic zone on its western coast the indian navy and the coast guard have enhanced their vigil and successfully conducted several operations against pirates as a result, a number of somali pirates are presently in the custody of indian police authorities and are undergoing trial2 india does not have a separate domestic legislation on piracy prosecution for piracy as a crime has not been included in the indian penal code, 1860 or in the code of criminal procedure, 1973 the provisions of the indian penal code pertaining to armed robbery and the admiralty jurisdiction of certain courts have been invoked in the past to prosecute pirates apprehended by the indian navy and the coast guard but in the absence of a clear and unambiguous reference to the offence of maritime piracy in indian law, problems are being faced in ensuring prosecution of the pirates3 given the increasing incidence of piracy, including within india's exclusive economic zone, and the increasing number of pirates apprehended by the indian naval forces, a need was felt for a domestic legislation on piracy which could provide the necessary legal framework within the country for prosecution of persons for piracy related crimes4 in the above backdrop, it is felt necessary to introduce an overarching legislation which would provide certainty and clarity in the law as well as sound basis for effective prosecution of pirates apprehended by the indian authorities irrespective of their nationalities it would also promote the safety and security of india's maritime trade including the safety of our vessels and crew members5 the piracy bill, 2012, inter alia, provides for the following, namely:—(a) to define the expression "piracy" so as to include various acts, as given in1982 united nations convention on the law of the sea as acts of piracy;(b) to provide punishment for an act of piracy, attempt to commit piracy and accomplice to piracy;(c) confers power on any gazetted officer of the central government or of a state government with the powers of arrest of any person, investigation and prosecution exercisable by a police officer under the code of criminal procedure;(d) to specify by the central government after consultation with the chief justice of concerned high court, by notification, one or more court of session in the state to be designated court for providing speedy trial of the offences under the proposed legislation and the territorial jurisdiction of each such court;(e) provides for application of code of criminal procedure in the proceedings before a designated court; provisions relating to bail of accused persons;(f) provision as to extradition of persons involved in an act of piracy; (g) for the purpose of geographic scope, to extend the proposed legislation to the exclusive economic zone of india 5 the proposed bill strives to achieve the above objectivesnew delhi;s m krishnathe 21st march, 2012————— a bill to make special provisions for suppression of piracy and to provide for punishment for the offence of piracy and for matters connected therewith or incidental thereto—————(shri sm krishna, minister of external affairs)

Parliament_bills

51e42c8f-3de5-512c-80af-d1b8a2250cd1

the state-associated banks (m!scellaneou s provisions) bill, 1962(as introduced in lok sabra on 19th november, 15)62) the state-associated banks (miscellaneous provisions) bill, 1962 (as introduced in lok suiia) a billfurther to amend the state bank of india act, 1955, the state bark of india (subsidiary banks) act, 1959, and the bankers' books eipide9ace act, 1891, and to prooide fot the winding up of certain minor state-associated banks and for matters connected therewith be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 (1) this act may be called the state-associated banks (mis- shon title cellaneous provisions) act, 1962 ~!:m s (2) section 3, except clauses (ii) , (iv) and (vii) thereof, shall come into force on iulch date as the central government may, by notiftcation in the official gazette, eppoint; and the rest of this act shall come into force at once 2 in the state bank of india act, 1951>-~ ': of ac ~ cd{; - 10 (i) in sub-section (3) of section 31, the following proviso 19s5 · shall be inserted at the end, namely:-"provided that nothing contained in this sub-sectiod shall apply to such director by reason only of his being-is i of 1956 (i) a shareholder (other than a director) holding not more than two per cent of the paid-up capital in any public company as defined in the companies act, 1956, or any corporation established by or under any law for the time being in force in india or any co-operative society, with whioh or to which the state bank has entered into or made, or proposes to enter into or make a contract loan, arrangement or proposal; or (ii) a director ex ot1icio of the state bank or a director of a subsidiary bank"; (ii) in section 34,-(a) in sub-section (5), after the words "without security", the words "or without security of a description autho-s rised by this act" shall be inserted; (b) in sub-section (6)-(i) for ·the word and figures "section 33", the words "this act" shall be substituted; (ii) the words "interest in" shall be omitted; and 10 (iii) in section 50, in clause (q) of sub-section (2), efter the words "without security" in both the places where they occur, the words "or without security of a description authorised by this act" shall be inserted is 3 in the sta·te bank of india (subsidiary banks) act, 1959-amendment of act 38 of 19s90 sub-clause shall be (i) in section 2, sub-clause (iii) of clause (b), (iii) of clause (c) and sub-clause (iii) of clause (d) omitted; (ii) in cbaptei' ii, for the existing heading, the heading shall be substituted, namely:-following 20 "constitution of new· banks and change op name op any subsmlary bank";(iii) in section 3, clause (c) shall be omitted; (iv) after section 3, the following section shall be inserted, namely:-25 "3a (1) the central government after consulting the state bank and the reserve bank may, by notification in the official gazette, direct tlpltt the name of any subsidiary bank shall, with effect from such date as may be specified in this behalf, be changed to any other name and thereupon 30 any reference to that subsidiary bank in this act or any other law for the time being in force or in any contnlct, instrument or document shall be construed as a reference to that bank by its new name (2) the change in the name of a subsidiary bank under 3s sub-section (1) shall not affect any rights or obligations of that bank or render defective any legal proceedings by or against it, and any legal proceedings which might have been continued or commenced by or against that bank by tt former name may be continued by or against it by its new name"; s (v) in section 12, after sub-section (3), the following section shall be inserted, mmely:-- (4) for the purposes of this section,-10 (4) "corresponding new bank" means in relation to the bank of jaipur limited, the institution eonstftuted under section 3 as the state bank of bikaner; (b) "existing bank" includes the bank of jaipur limited'; (vi) in section 13 for sub-section (13), the following subsection shall be substituted, namely:-- (13) for the purposes of this section,-(4) "corresoonding new bank" does not include the smte bank of patlala and means in relation to the baak of jaipur limited the institution constituted under section 3 as the state bank of bikaner; 20 (b) "existing bank" ineludes the bank of jafpur limited but does not include the bank of patfala'; (vu) in section 34 for the orovfso to sub-section (5), the following proviso shall be substituted, namely:-"provided that nothinj( contained in this sub-seetlon 2s shall apply to such director by reason only of his being-(i) a shareholder (other than a director) holding not more than two per cent of the paid-up capital in any pubilc company as defined in the companies act, 1956, or anv corooration established bv or under any law for the time befn~ in force in india or any co-operative society with which or to which the subsidiary bank has entered into or made, or proj)oses to enter into or make, a contract, loan, arrangement or proposal; or 35 (u) a director of the state bank or of any other subsidiary ba·nk beinl! a director under clause (0) or clause (e) of sub-section (1) of section 25 or befng an officer of the reserve bank or the state bank nominated under clause (b)· or clause (c) of that sub-section"; (viii) in section 36, sub-sections (3) and (4) shall'be omitted; and (iz) for section 59, the following section shall be'substitut- 5 ed, namely:-eonatruction of referencd· - to cxiatina banb u59 (1) for the purposes of sections 45, 49, 55, 58 and ,the first schedule, the expression 'existing bank' shall include the bank of jaipurlimited; (2) except as otherwise provided in any general or 10 special order made ,by the central government, any reference in any law, other than this act, or in any contract or other instrument-(a) to an existing bank, shall be construed as a reference to the eorresponding new bank; 15 (b) , to the 'bank of j aipur· limited" shall be construed as a reference to the state bank of bikaner" -, , -in the bankers' books evidence act, 1891, in section 2-amendment, of act 18 of 1891, "(i) for" clause (1), the following clauses shall be substituted, namely:-20 , (1) "company~' means any company as defined in section ,3 9f the companies act, 1956, and ir)cludes a foreign company within the meaning of section 591 of that act; i of 1956 '(ja) '-~colporatign" means any body corporate established by any law for the time being in 'force in ,lndia and 25 includes the reserve bank of india, the state bank of india "ndllny subsidiary bank 'as defined in'the state bank of -india (subsidiary banks) act; 1959;'; , (ii) for sub-clause (cz) of dause (2) the following clause 38 of 1959· shall·be substituted, namely:-"'(4) any c!ompany 'or' corporation earrying on the busi- 30 'ness'of 'banking," ' proviion 's: -(1) notwithstanding anything to theconttary oontained in thin res~s ct of'any"ot1ier low or in any orderor other instruinen~ e tate", , bank, (a) the central government may, by order appoint one or 35 dholpur more officers to take over the management of the dholpur bank or to wind up its affairs -ahd distribute its 'assets and any ex-" peaditure incurred in connl!ction with 'liuch appointment, - 'mari'agejl\~t w,inding up or distribution shall be ,payable by that bank: , 40 s 10 20 (b) the principal civil court of original jurisdiction in the district in which the dholpur bank's head office is situated shall have exc'usive jurisdiction to entertain and decide any claim made by or against the dholpur bank or any question whatever, whether of law or of fact, which may relate to or arise in the course of the windi,ng up of that bank, whether such claim br question has accrued or arisen before or accrues or arises after the date of the winding up order, and any suit or other legal proceeding, whether of a civil or criminal nature, relating to any such claim or question and pending in any other court at the commencement of this act shall not be proceeded with except in accordance with this section; (c) in regard to the admissibility of the entries in the books of account as evide~ce in the course of the proceedings for the winding up of the bank, the settlement of the list of debtors of the bank, the passing of orders for the payment of the amounts due by the said debtors, the execution of the said orders or any other orders or decrees -of the court, the priority of the claims on the bank, the making of preferential payments and the discharge of the other liabilities of the bank and any other incidental or connected matters, the law relating to the winding up of banking companies, as in force for the :time being, shall apply as if the dholpur bank were a banking company; (d) the period of limitation for any suit or app'ication relating to' any payment due to the dholpur bank which has accrued before or ~ay accrue on- or after the date of the first appointment of the officer in charge of winding up of the bank shall be twelve years from the date of the accrual of the claim or five years from the date of such first appointment of the officer aforesaid, whichever may end later; and 30 3s (e) after the repayment of all the deposit liabilities and any other amounts due to be paid by the bank including the amounts due to the government of rajasthan, the remaining assets, ifany, of the bank shall be utilised, as far as may be, for the purposes and objects specified in the state bank, dholpur act, 1915, and other relevant documents (2) in this section, "dholpur bank" mea·ns the bank known as the dholpur state bank and governed at the commencement of this section by the state bank, dholpur act, 1915 6 in the state bank of kurundwad (junior) act, 1933,-amendment of the state bank of (4) in section 22, for the words "the indian companies act ku~ndwad as applied to the state," the words and figures "the companies ~~t~l~i33 act, 1956" shall be sub~tltuted; and (b) after section 22, the followi·ng section shall be inserted, namely:-"22a no provision of law relating to the ~nding up of companies or corporations shall apply to the bank and-(i) the provisions of section 5 of the state-associated banks (miscellaneous provisions) act, 1962, except the previsions of clauses (d) and (e) of sub-section (1) thereof, and " (ii) the provisions of section 45-0 of the banking companies act, 1949, shall apply to or in relation to the bank as if references to the court were references to the principal civil court of original jurisdiction in the district in which the bank's head office is situated and references to the dholpur bank were references to the state bank of kurundwad (junior) ltd" statement of objects and reasonsit has been decided, in consultation with the state bank of india and the reserve bank that the state bank of bikaner, which has been constituted as a subsidiary of the state bank of india under section 3 of the state bank of india (subsidiary banks) act, 1959, should take over the undertaking, assets and liabilities of the state bank of jaipur, another subsidiary of the state bank of india, in accordance with the provisions of section 38 of the act the state bank of india and the banks concerned have indicated that they would like the name of the transferee institution, after the amalgamation, to be changed so as to include a reference therein to both bikaner and jaipur as the existing provisions of the law do not provide for a change in the name of any of the statutory subsidiaries of the state bank of india, it is proposed to amend the state bank of india (subsidiary banks) act, 1959 suitably, so as to provide for any such change in the name 2 the opportunity provided by this amendment is also being utilised to clarify the provisions of the state bank of india act, 1955, relating to voting by the directors of the state bank, to modify the provisions of the bankers' books evidence act, 1891 so as to make it applicable to the reserve bank of india, the state bank of india and other statutory banking corporations, and to provide for the orderly winding up of two minor state-associated banks, namely, the state bank of dholpur and the state bank of kurundwad (junior), which were established under statutes enacted by the former indian rulers but have not been functioning normally for some time new delhi; morarji desai the 12th nowember, 1962 mcctin,s of the central board :u (l) the central board shall meet at such time and place and shall observe such rules of procedure in regard to the transaction o~ b\lsiness at its meetings as may be prescribed (3) a dire(!tor who is directly or indirectly concerned or in rere:;ted in any contract, loan, arrangement or proposal entered into or pl·oposed to be entered into by or on behalf of the state bank shall at the earliest possible opportunity disclose the nature of his interet to the central board and shall dot be present at any meeting of the central board when any such contract, loan, arrangement or proposal is discussed unless his presence is required by the other directori for the purpose of eliciting informatiod, and no director· so required to be present shall vote on any such contract, loan, arranpment or p~oposal business which the state bark may not transact power of centtal boan to make reaulationa :m - - - - - (5) nothing contained in this section shall prevent the state bank from allowing any person who keeps an account with the state bank to overdraw such account without security to such extent as mjy be pr~scribed (6) sl\ve as otherwise provided in section 33, the state bank shall not own or acquire any interest in in:unovable property except for the purpose of providing buildings or other accommodation in which to carry on the business of the state bank or for providing residences for its officers and other employees: provided that if any such building or other accommodation is not immediately required -for any of the purposes of the st~te bank, the state bank may utilize it to the best advant~e by lett1,ng it out· ~ in any other manner - - - - - 50 (1) - - - (2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for-- - - (q) the maximum amounts which may be advanced or lent to, or for which bills may be discounted for, any individual or partnership without security, the conditions under which advances may be made on security and the extent to which accounts may be overdrawn without security; - - - - - thi: state bank of india (subsmiary banks) ai:r, 1959 (no 38 of 1959)z in this act, unless the context otherwise requires,-- - - - - (b) "corresponding bank" means,-- - - - - (iii) in relation to the state bank of jaipur, the bank of jaipur, limited; - - - - - (c) "corresponding new bank" meana,-- - - - - (iii) in relation to the bank of jaipur, limited, the state bank of jaipur; - - - - - (d) "existing bank" means any of the following banks, namely:-- - - , - (iii) bank of jaipur, limited; - - - - - chapter ii constitution of new banlcsbatabliah-3 with eftect from such date as the central government may, by :of new notification in the official gazette, specify in this behalf, there shall be constituted the following new banks, namely:- - - - - - - (c) the state bank of jaipur; - - - - - and different dates may be specified for diffenmt new banks <:ampensa-13 (1) every person who and any state government which t~~ i:e- immediately before the appointed day is registered as a holder of existing shares in the books of an existing bank shall be given by the state ~=·tb!her bank such compensation in respect of the transfer to the state bank ba~k of of the shares in the capital of that bank as is determined in accor-patlala dance with the principles contained in the first schedule - - - - - (13) in this section, the expression "existing bank" does not include the bank of patiala, and the expression "corresponding new bank" does not include the state bank of patiala - - - - meetinp of 34 (1) the board of directors of a subsidiary bank shall meet at th~ board of such time and place and shall observe such rules of procedure in dll'cctors regard to the transaction of business at its meetings as may be prescribed - - - - (5) a director of a subsidiary bank who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal, entered into or proposed to be entered into or made by or on behalf of the subsidiary bank shall, ,at the earliest possible opportunity, disclose the nature of his interest to the board of directors of that bank; and any such director shall not be present at any meeting of the board of directors when any such contract, loan, arrangement or proposal is discussed, unless his presence is required by the other directors for the purpose of eliciting information and where any director is so required to be present, he shall not vote on any such contract, loan, arrangement or proposal: provided that nothing contained in this sub-section shall apply to such director by il'eason only of his being a shareholder (other than a director) holding not more than two per cent of the paid-up capital [ of 1956 in any public company as defined in the companies act, 1956, with which the subsidiary bank has entered into or proposes to enter into a contract or other arrangement - - - - - 36 (1) a subsidiary bank shall, if so required by the state bank, subsidiary act as agent of the state bank at any place in india forabank to ct as agent (a) paying, receiving, collecting and remitting money, bul- ~~:l~ state lion and securities on behalf of any government in india; and (b) undertaking and transacting any other business which the reserve bank may, from time to time, entrust to the state bank ' (3) until an arrangement is made by the state bank with the hyderabad bank or the state bank of mysore, as the case may be, under this section, or until the expiry of a period of six months from the appointed day (which period may from time to time be extended by the reserve bank) whichever is earlier, the hyderabad bank and the state bank of mysore may respectively act as agent of the reserve bank, at the same places where and for the same purposes for which, and on the same terms and conditions on which, the hyderabad bank or the bank of mysore limited, as the case may pe,' was acting as agent of the reserve bank immediately before the appointed day or with the previous approval of the central government at any other place or for any purpose (4) until an arrangement is made by the state bank with the state bank of bikaner, the state bank of jaipur, the saurashtra bank or the state bank of travancore, as the case may be, under this section or until the expiry of a period of six months from the appointed day (which period may from time to time be extended by the reserve bank) whichever is earlier, the state bank of bikaner, the state bank ,of jaipur, the saurashtra· bank or the state bank of travancore may act as agent of the state government of rajasthan or the state govemment1of gujarat or the state government of keraia, as the case may be, at the same places where and for the same purposes for which, and on the same terms and conditions on which, the bank of bikaner, limited, or the bank of jaipur, limited, or the saurashtra bank, or the travancore bank, limited, as the case may be, was acting as agent for the state government immediately before the appointed day or with the previous approval of the central government at any other place or for any purpose - - - - - reference in 59 on and from the appointed day, any reference to an existing :t::i:;s to bank in any law, other than this act, or in any contract or other banks inst!'ulllent, shall, except as otherwise provided in any general or definition •• special order made by the central government, be construed as a reference to the corresponding new bank - - - - - extract from the bankers' books evidence act, 1891 (no 18 of 1891) - - - - - 2 in this act, unless there is something repugnant in the subject or context,-(1) "company" means a company registered under any of the enactments relating to companies for the time being in force in any part of his majesty's dominions or incorporated by an act of parliament (of the united kingdom) or by an indian law or by royal charter or by letters patent:) (2) "bank" and "banker" mean-(a) any company carrying on the business of bankers, - - - - - translationthe copy of the st4te bank, dholpur act (palled btl shri huzut on 25th june, 1915) preliminarythe bank has been established in dholpur state in 1894 out of the funds allotted by the late shri badi maharani sahiba as the late maharaj rana nihalsinh saheb bahadur desired that the amount of the allotment (vaqf) be invested so as to earn interest until such time that sufficient amount could be had to raise a magniftcent and lasting memorial to the late maharani sahiba as the bank is cod-nected with the state, it is ~amed as state bank as it was also one of the aims of the bank to help the deserving employees, agriculturists and the people of the state, the high offtclals of the finance department, military and judicial departments have been appointed as the members of the bank, i so that the recoveries of the bank may not be at the mercy of the· court procedures and the people can avail of the help of the bank very easily it was also felt necessary that all the rules and orders issued by the bank from time to time may be reconsidered and put together so that the people may get acquainted therewith and can avail of the help of the bank as and when needed this act of the state bank, having been passed by shri huzur, has been issued in 1915 kameshwar nath batal, secretary, state bank, dholpur extract from general rulesr 1 the amount allotted (vaqf) by the late shri badi maharani sahiba shall be invested so as to earn the interest thereon as d~ired by the late maharaj rana nihalsinh, saheb bahadur and the interest so earned shall be adejed to the principal amount until such time that sufficient amount can be had to raise a magnificent and last memorial to the late badi maharani sahiba in this connection, all such sums that are allotted (vaqf) or donated for any particular purpose by other people shall also be invested so as to earn interest - - - - - r 3 the management of the bank shall vest with a committee of seven members t'vil fel' 8 members - - - - - r 53 the members of the committee shan be free to recover the 108d8 of the badk through the orders of the state in the same way as the dues of the state are recovered - - - - - - - - - - 22 the indian companies act, as applied to the state, shall not apply to this bank which shall be governed by this act: - - - - - a blll further to amend the state bank of india act, 1955, the state bank of india (subsidiary banks) act, 1959, and the bankers' books evidence act, 1891, and to provide for the winding up of certain minor state-associated banks and for matters connected therewith (shri morarji desai, minister of firumce)

Parliament_bills

095d4b01-4fef-5722-a2c8-676634d56a8c

bill no lxii of 2008 the constitution (amendment) bill, 2008 a bill further to amend the constitution of indiabe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2008 2 in article 130 of the constitution, the following proviso shall be inserted, namely:— statement of objects and reasonsthere are at present 28 states and 7 union territories in the last 59 years, workload of the supreme court has increased with the result that there are a large number of cases pending in the supreme court, and as such, justice to the people has considerably been delayed there is a need to establish a permanent bench of the supreme court at hyderabad to deal with the cases of the southern states urgently as the people from these states have to travel all the way to new delhi in connection with their cases this will also reduce the expenditure to be incurred by the states or individuals who have to spend a lot of money coming from the states to the supreme court in delhi and engage the lawyers and arrange for their stay, etc in delhi it will also reduce arrears of the supreme court of india the idea behind this amendment is only to facilitate the work of the supreme court of india and not to bifurcate the present court or reduce its importancehence this billt subbarami reddy financial memorandumthe bill if enacted will involve expenditure from the consolidated fund of india in respect of administration of the supreme court bench at hyderabad it is likely that it will involve a recurring expenditure of about rupees one crore per year and rupees fifty crore as a non-recurring expenditure annexure extract from the constitution of india 130 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 ———— a billfurther to amend the constitution of india—————(dr t subbarami reddy, mp)gmgipmrnd—2540 rs(s5)—03072009

Parliament_bills

5932f3b1-7da9-54dd-9a58-730d4447b014

lok jabha co rri gendumtothe aligarff 1v!uslim un iversity (third 4l'1el'dl1e]\;t) bill, 19801(to be/as introduced in lok sabha)page 4, line 27,-~after "commencement" insert-11, as amended by that act, 11december22,198rp"ausa1,1902 (saka) ~ 8u1 no 212 of 1980 the aligarh muslim university (third amendment) bill, 1980 a billfurther to amend the illigarh muslim university act, 1920 be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 (1) this act may be called the aligarh muslim university (third amendment) act, 1980 short title and 5 (2) it shall come into force on such date as the central government commenom 1 g t cement may, by notification in the cia aze te, appoint 40 01 1920 2 in the aligarh muslim university -act 1920 (hereinafter referred amendto as the principal act), in the long title and in the preamble, the words ment of "establish and" shall be omitted long title and pre_ amble 3 in section 2 of the principal act,-10 amendclause shall be inserted n;lent of , section 2 (i) after clause (h), the fol1owing namely:-'(hh) "non-teaching staff" means the'employees be versity other than the teachers;'; the unl-(ii) clause (j) shall be omitted; (iii) for clause (1), the fqllowing clause shall be substituted, namely:-'(z) "university" means the educational institution of their choice established by the muslims of india, which originated as s the muhammadan anglo-orjental college, aligarh, and which was subsequently incorporated as the aligarh muslim university' amendment of section 5 4 in section 5 of the principal act--(i) in clause (2), after sub-clause (b) the fqllowing sub-clause 10 shall be inserted, namely:-"(c) to promote especially the educational and cultural advancement of the muslims of india;"; (ii) in clause (7) the words "and determine their conditions of service in accordance with the statutes" shall be added at the end; is (iii) for clause (9) the following clause shall be substituted, namely:-"(9) to institute and maintain halls for the students of the university;"; (iv) in clause (11b) the words "and determine their conditions 20 of service in accordance with the statutes" shall be added at the end 5, for section 8 of the principal act the following section shall be substituted, namely:-"8, the university shall be open to all persons (including the teachers and taught) of either ~ex and of whatever race religion, 25 creed caste or class: substitution of new section for section 8 university open to all persons provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the ordinances to those who hflve '!onsented to receive it" 6 in section 16 of the principlll act-30 amend-'ment of section 16, (i) after clause (~a) the followin,~ clause shall be inserted, namely:-",(3b) the honorary, treasurer;"; (ti) existing c1ause~ (3b), (se) and (3d) shall be renumbered as clauses (3c) (3d) and (3e) thereof respectively 3s 7, in section 17 of the principal act, for sub-section (1) the fflllowing sub-section shall be substituted, namely:-, amendment of section 17 "(1) the chnncellor of the university shall be e'ected by the ' court in such manner and tor s~~b terl'l'\ /ils: may be prescribed by the stat\ltes 8 in section 18 of the principel act, for sub-section (1), the follow-~ anllulcl ing sub-section shall be substituted, nam'l!ly: _ ment of section 18 "(1) the pro-chancellor sb::tll be elected by the court in such ljl:8i)ller and for such term as may be prescribed by the statutes" sections 20b and 20c respectively, and before section 20b as so renumbered, the followlog section shall be inserted, namely:-5 9 sections 20a and 20b of the principal act shall be renumbered as insertion of new section 20a "20a (l) the honorary treasurer shall be elected 'by the court the in such rnanner a'nd for such tcrm as may be ptescribed by the honorsty 10 statutes treasurer (2) the honorary trcasufi'lr shall exercise such powers and perform such functions as may bf' prescribed by the statutes" 10 in section 21 of the principal act after the words "the pro-vice-chancellor,", the words "the honorary treasurer," shall be inserted amendment of section 21 is -11 in section 22 of the principal act,-amendment of (i) after clause (3), the fchowing clause shall be inserted, section 22 namely:-"(3a) the finance committee;"; (ii) in clause (3b), the word "and" shall be inserted at the end; (iii) dause (3c) shall be omitted 20 12 for section 23 of the principal act, the following section shall be substisubstituted, namely:-tution of new section for section 23 "23 (1) the court shall ci)nsist of the chancellor, the pro-the chancellor, the vice-chancellor end the pro-v ice-chancellor (if any) court for the time being, and :;uch other persons as may be specified in lz5 the statutes 30 (2) the court shall be the supreme governing body of the university and shall exercise all the powers of the university, not otberwise provided for by this act, the statutes, the ordinancesa,nd the regulations and it shall have power to review the acts 0'£ the executive and the academic councils (save where such councils have acted in accordance with powers conferred on them under this act, the statutes or the ordinances) (3) subject to the provisions of this act the court shall exercise the following powers and perforrr the following duties, namely:-35 (a) to make statutes and to amend or repeal the same; (b) to consider ordinances; , (c) to co~derand pass resolutions on the annual te~, the' adbual ~~oud1l and tbe twine's) eat' ," (d) to elect su~h per~pns to serve~n theauthori~es 'of ~ university and to appoint such officers as may be prescribed by' this aet or' the statutes; ,md (e) to exercise such cth~r po~er~ and' perform'~uch other duties as may be conferrepor iplposed upon it by this ~ct or the 5 statutes", amendment of section 26 13 in section 26 of the principal act, for the' words ;'and r'unctions of the faculties and of ,the, students', council", ttte, y,rords "and functions of the finance, committee andof the f'al;ulties" shall, ~e substi~uted 14, after section 26 of the prin<:ipal act, the following section shall 10 be inserted, namely:-insertion of new section 26a "26a a person shall be di~qualified for being chosen as, and for being, a member of any of the authorities of the university if he is not a citizen of india" disqualificationsror member ship 15 in section 27 of the principal act,-is amendment of section 27 (i) in clause (a), the words ", the finance cpmmittee" snail be omitted; (ii) for clause (c), the 'frjluwing clause shall be substituted, namely:-"(c) the manner of ~l~ction or appointment, as the case may 20 be, of the chancellor, the pro-chancellor, the vice-chancellor and other officers of the university;" 16 for section 28 of the principal act, the following section shall be substituted, namely:-substitution of new section for section 28 statutes "28 (1) on the commencement of the aligarh muslim univer- 2s sity (third amendment) act, 1980, the statutes in force imme-'diately before such commencemeont shall be the statutes of the university ! (2) after the commencement of the aligarh muslim university (third amendment) act, 1980, the court may, notwithstanding any- 30 thing contained in sub-section (1), make new or additional statutes or may amend or repeal the stfitutes referred to in sub-section (1) in the manner hereinafter provit1ed in this section (3) the executive coun('il may propose to the court the draft of any statute for its consideration and such draft shall be consider- 35 ed by the court at its next mneting: provided that the executbe council shall not propose, the draft , of 'any statute ,or ?f any~endt~ic~'nt ofa statute aftecting the status, powers or con:stltutionot "my authority 'of the' univ6r&fty until - ~~rity has been givf:n an opportunity of expressing an op'l~n ~ writing upon the··proposal and any opinion so expressed shall be c~idered by the court (4) the court may' approve any such draft as is referred to in 5 sub-section (3) or reject it or rt'turn it to the executive council for ~ec6nstderaiioti, efther in whole· or in part, together with any amendments' which the court may suggest (5) any member of the c(lurt may propose to the court, the draft of any· statute and the court i'1ay reject the proposal or refer such 10 draft for consideration to thp executive council, which may either reject the proposal or submit the draft to the court in such form as the executive council may approve and the provisions of this section shall apply in the case of any draft so submitted as they apply in the case of a draft proposed by the executive council 15 (~) no new statute or amendment or addition or repeal of any statute shall come into force unless it is approved by the visitor, who may sanction or disallow it, or return it for further consideration" :if 17 in sub·section (3) of section 31 of the principal act, after the amendwords "this section", the wurds ", other than any regulation made by ment of 20 the court," shall be inserted section 18 in section 34 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:-31 amendment of section 34 "(3) a copy of the annual report as submitted to the visitor shall also be submitted to the central government, which shall, as 25 soon as may be, cause the same to be laid before both houses of parliament" 19 for section 35 of the pripcipal act, the following section shall be substitusubstituted, namely:-tion of new section for section 35 "35 (1) the annual accounts and balance sheet of the univer-annual 30 'sity shall be prepared under the direction of the executive council accounts and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of india or by such person or persons as he may authorise in this behalf 3s (z) a copy of the annual accounts, together with the audit report thereon, shall be submitted to the court and the visitor along with the observations of the executive council (3) any observations made by the visitor on the annual accounts shaii be brought to thp notice of the cow-t and the observations of the court, if any, shall, after being considered by the executive council, be s'llbmitted to the visitor, " ~ \", - (4) a copy of the annual 2ccounts, together with the a1j&t report, as submitted to the vlsitor, shall also be subrriitted··to'· die central government, which shall, as soon as may be,ca1ise·the'nme to be laid before both houses of parliament (5) the audited anilual accounts, after having been wd ~re s both the houses of parliament, shall be published in the gazette of india" 20, notwithstanding anything conta;ned in the principll act, the statutes of the university shall be amended as follows:-amendment of statutes (i) throughout the statutes, for the \yords "head of depart- 10 ment", wherever they uccur, the words "chairman of department" shall be substituted, and such consequential amendments as the ru1es of grammar may require shall also be made; (ii) for statutes 1 and la, the following statutes shall be substituted, namely:-is "1 (1) the chancellor shall be elected by the court by a simple majority the chancellor (2) the chancellor shall hold office for a term of three years and shall be eligible for re-election (3) the chancellor shall, if present, preside over the 20 meetings of the court (4) every prc?osal for the conferment of an honorary d~gree shall be subject to confirmation by the chancellor la (1) the pro-chancellor shall be elected by the court by a simple majority 25 the pro-chancellor (2) the pro-chancellor shall hold office for a term of three years and shall be eligible for re-election (3) any casual vacancy in the office of the pro-chancellor shall be filled by the chancellor on the recommendation of the 30 executive council and the person so appointed shall hold office until the next annual meeting of the court (4) the pro-chancellor shall, in the absence of the chancellor, perform the functions of the chancellor"; (iii) in statute 2, for claw'~ (1) and (2), the following clause 35 shall be substituted, namely:-· "(1) the vice-chan('ellor shall beappoiil~ by, t,j;1e visitor from a panel of at least three persons recommended by the court from a panel of five persons recommeiidecl by the executive council: 40 provided that if the visitor does not approve of any of the qersons recommended by the court, he may call fdrfresh recommendations" ; tiv)atter statute 4, the following statute shall be lnst!rted, namely:-honorary treasurer "~ (1) the honorary treasurer shall be elected by the court by a simple majority s (2) the honorary treasurer shall hold office for a term of three years and shall be eligible for re-election for another term (,1) 'pie honorary treasurer shall hold office on such terms andcqnduions as may be prescribed by the ordinances (4) the honorary treasurer shall be a member of the fin-10 ance committee and shall exercise general supervision over the funds of the university"; (v) in statute 6, for clause (4), the following clause shall be substituted, namely:-"(4) the finance officer shall advise the university as re-is gards its financial policy and perform such other financial functions as may be assigned to him by the executive council or as may be prescribed by these statutes or the ordinances: provided that the finance officer shall not incur any expenditure or make any investment exceeding ten thousand t'lii;jees 20 without the previous approval of the executive council"; (vi) statute 9 shall be omitted; (vii) for statute 14, the following statute shall be substituted, namely:-"14 (1) the court shah consist of the following members, court 25 namely:- ex-offi·cio mem'bers(i) chancellor; (ii) pro-chancellor; (iii) vice-chancellor; (iv) pro-vice-chancellor; (v) honorary treasurer; (vi) all ex-vice-chancellors; (vii) all deans of faculties; (viii) dean of students' welfare; (ix) librarian: 35 (x) registrar; (xi) five provost~ by rotation according to seniority; (xii) proctor; representatives of the departments and colleges (xiii) twenty chairmen of departments by rotation according to seniority; , (riv)principals of colleges; reptesentatit'es of teachers other than chairmen of departments and principals of colleges (:tv) two professf'f!ll who are not chainnen of departments, to be elected from amongst themselves; (xvi) three readers to be elected tram· ·~ selves; (xvii) five lecturers to be elected from amongst themselves; representatives of schools maintained by the u",iversity s(xviii) two principals of schools maintained by the university by rotdtion according to seniority; representatives of non-teaching staff(xix) five representatives of non-teaching staff, to be elected from amongst themselves; 10 repre'1entath'es of ex-students(;rx) twenty-five l'('presentatives of ex-studenta to be elected by the alumni (old boys') association; representati1'es of donors(xn) ten representatives of donors wbp''have donated 15 at least a sum of ten thousand rupees or transferred qroperty worth at least ten thousand rupees to the university, to be elected from amongst themselves; representatives of learned professions, industry and commerce(xxii) ten perso",,-~ representing the learned prafe& ~ sions industry and commerce, to be elected by the court; representatives of the au-india muslim education conference(xxiii) five representatives of the all-india muslim education conference; representatives of parliament(xxiv) ten members of parliament, six to be elected by the house of the people (lok sabha) from amongst its members and four lo be elected by the council of states (rajya sahha) from amongst its members; representati1'es of muslim cutture and learning 30 (xxv) fifteen persons representing muslim culture and learning to be elected by the c9urt, of whom ten shall be persons residing outside the state of uttar pradesh; (xxvi) six persons representing muslim colleges of oriental learning in india, ,lobe el~ted, by the court; 3s (xxvii) four pei'3ons from amongt the chairmen (including presidents) of the wild boards constituted under lie wakf act, 1954 (29 of 1954), orund« 'a!ly other i" !d force in a stclte,tobe electeq by tae~court; (ttxviii) two persons'representing urdu lanpa add 4'l literature, to be elected by the pourti , (rrix) five persons representing muslim educatjonal and cultural societies situated outside the state of uttar pradesh, to be elected by the court; representatives of students(xxx) (a) president, vice-president, secretary and one nominee of the executive cooncil of the students' union, e:r:-ojjicio ; 10 (b) eleven students to be elected by a simple majority by students of the various faculties classified into groups in the manner prescribed by the ordinances; nominated persons(xxxi) five persons to be nominated by the visitor; (xxxii) one person to be nominated by the chief rector; (xxxiii) one per£on to be nominated by the chancellor is provided that in making nominations under items (xxxi) to (xxxiii), due regard shall be had to the representation of the different areas of the country in view of the all-india character of the university: provided further that no employee of the university shall be eligible to be a member under items (xx) to (xxix) or under items (xxxi) to (xxxiii) (2) all the members of the court, other than ex-officio members and members representing students, shall hold office for a term of three years 25 (3) an ex-afjicio member shall cease to be a member of the court as soon as he vacatf's the office by virtue of which he is such (l member (4) members representing students shall hold office for a period of one year or till such time as ij1ey continue to be students, whichever is earlier"; (viii) in statute 11>-(a) for clause (3), the following clause shall be substituted, namely:-3s "(3) one-third of the members of the court shall form a quorum for a meeting of the court"; , ' '" i/' ~ ' ' (b) ' in the proviso to' clause ( 4), for the words "thirty-five members'\ the' words "one-third' of the members" shall be p ,- ' t substituted~ 'r , (i::e) for statute 16, the following'statute &hall be substituted, 4o·· "'hamel:t:- , , ~ , ~ c;~ "16' "(h"th~ exec~tive council sh~ ~~ist of the following members, namely: - executive council (i) vice-chancellor; (ii) pro-vice-chancellor; (iii) honorary treasurer; (iv) five deans of faculties, by rotation, according to seniori ty ; ~ (v) two princip",ls of colleges, other than the principal of the women's college, by rotation according to seniority; (vi) principal, women's college; (vii) one provost, by rotation according to seniority; 10 (viii) proctor; (ix) six members of the court, none of whom shall be an employee of the university, to be elected from amongst themselves; (x) two representatives of professors and readers to be elected from amongst themselves; is (xi) two representatives of lecturers to be elected from amongst themselves; (xii) three persons to be nominated by the visitor; (xiii) one person to be nominated by the chief rector: provided that no employee of the university shall be eligible 20 for nomination under items (xii) and (xiii) (2) all the members of the executive council, other than ex-otjicio members, shall hold office for a term of three years (3) fifteen members of the executive council shall form a quorum for a meeting of the executive counci1"; 25 (x) in statute 18-(a) in clause (1)-(1) in item (iv) , for the word "heads", the word "chairmen" shall be substituted; (2) item (vii) shall he omitted; 30 (3) after item (xii) the foljowing items shall be inserted namejy:-"(xiii) the president, student'3' union; (xiv) two ~%t-graduate students, one research student and one under-graduate student, to be elected 3s by the students from amongst themselves: provided that no student member of the academie council shall participate in the discussions in respect of matters relating to examinations, selection committees, appointment and conditions of service of the teaching 40 staff"; - ,(b) in ciause(2) after the words "e;r-olficio membtn", the words "and stuoent members" sball be inserted; (c) alter clause (~), the foj!owlllg clause sball be inlel1ed, namely:;-s "(2a) the president, students' union shall hold office for so long as ne conllnues to nolo tne oltice oj: tne t'resluent, j:;~uaents' uruou, ana every otner stuaent-memoer snau nola olllce tor a pen{)d of one year: provided that a student-member shall cease to hold office upon hls ceasmg to oe a f:tuaem of the uruverslty"; 10 (xl) statutes 24 and 25 shah be omitted transi tional pruvisiona 21 (1) the court and the executive councll of the ali'garh muslim umversny snah, as soon as may oe, ailer tne col1uut!j1ct!meul 01 uub lict, be constllurea 10 accoraance whn tne pr·ov::'jons 01 tne pl'lllcl1'cll lict ana is 0,[ ide ;)laules, as ameuaea oy trus act, ana unu! the lourt or ule j!:xecuuve council is so constjtutea, the court or tne lxecutlve cowicl! iuncllohlhg linmeojately oeiore such commencement, snall conllhue to exercise all the powers and perlorm ail the luncljolls unaer the pnnclpal act, as so amenaed 20 (2) the chancellor and the pro-chancellor shall, as soon as may be, after the commencement of this act, be elected 10 accoraailce wtn tne proviswns 01 the prillcjpal act and of the ::itatutes, as amended by tjus act, and the person holding any such oltice lmmedialely oel0re such commencement, shall contlnue to hold that office until his successor enters 2s upon nls oltice (3) the vice-chancellor and the pro-vice-chancellor and the heads of departments of the allgarh muslim university holding office immewately before the commencement of this act, shall, on and from such commencement, hold their respective offices by the same tenure and upon 30 the same tenns and condltlons as they held it immediately before such commencement 22 anything done, any action taken or any degree or other academic saving distinction conferred by the aligarh muslim university before the commencement of this act shall, notwithstanding any change made by this ac:t in the constitution of the court or the executive council, be valid as if 3s such thing was done, action was taken, or degree or academic distinction was conferred under the provisions of the principal act, as amended by this act statement of objects and reasons-~ --\, - °':1 -x sill to' ameiidthe allgarh muslim university act, 1920; w'a~i'in~ ducea in -the -lok sabha on 12tii august; 1980, so as' to amend the definition of the expression 'university' and introduce' various other changes in the act subsequently, representations were received from various muslim organisations, the vice-chancellor and the representativ~ of the university teachers and student~ that amendments to the statutes of the university should also be incorporated in the bill and passed by p¥,liament along with the amennments to the act after examining these representations, it has been decided to introduce a consolidated bill to amend both the act and statutes of the aligarh muslim university 2 the main features of the bill are as follows:-(if omission of the words "establish and" from the long title' and preamble to the act; (2) amendment of the d~fnition of the expression "university" " -occulting in the act; (3) empowering the univ('fsity to promote especially the "educational and cultural advancement of the muslims of india; (4) restoring the status of the supreme governing body of the-·· university to the court and modifying its composition; (5) change in the procedu:e of appointment of thec~cellor, pro-chancellor and vice-chancellor; -(6) restoration of the office of the honorary treasurer; and (7) modification of the composition of the executive council and the academic council 3 the bill seeks to achieve the above objects new dblhi; s b- chavan-·--the 19th december, 1980 ,~~·:~r ':') ~:t',j clause 16 of the bill which proposes to substitute a new "~ :rot section 28 of the aligarh muslim university act, 1920,' enables the court· of the university to make new i)';' additional· statutes of the university or to amend or repeal such statt!te-s the matters in respect of which the court may exercise this power relate to the constitution, powers and functions of the authorities of t!1e university, the manner df appoint:-ment or election, of the chancellor, the pro-chancellor, the vice-chan<:el~ lor and other officers of the university, the manner of appointment ot teachers and other employees of the university and other matters 2 the above matters pertain to matters of procedure or detail and as such the delegation of legislative power is of a normal character " ,j ' f (', - , " " j • , ' ) "; r: 'q , f'~ \ •• (:1 ", l) ,- annexure extracts 'from '11ie aligarh muslim university aer, 1920 (40 or 1920)an act to establish and incorporate a teaching and residential muslim university at aligarh - - - - - whereas it is expedient to establish and incorporate a teaching and residential muslim university at augarh, and to dissolve the societies registered under the societies' registration act 1860 (21 of 1860), which are respectively known as the muhammadan anglo-oriental college, aligarh, and the muslim university association and to transfer to and vest in the said university all properties and rights of the said societies ~d of the muslim university foundation committee; - - - - - de6ditiedb 2 in this act and in all statutes made hereunder, unless the context otherwise requires,-- - - - - (j) "students' c<1uilcil" means the students' council of the university; - - - - - (1) "university" means the aligarh muslim university - - - - powers of the univenltir 5 the university shall have the following powers, namely:-- - - - (2) (a) to promote oriented and islamic studies and give instruction in muslim theology and religion and to impart moral and physical training; - - - - - (7) to institute professorships, readerships, lectureships and other teaching or academic posts required by the university and to appoint persons to such professorships, readerships, lectureships and other posts; - - - - (9) to institute and maintain, within a radius of twenty-five kilometres of the university mosque, halls and hostels and to recognise places of residence for the students of the university within the said limits and to withdraw such recognition accorded·to any such place of residence; - - - - (llb) to create administrative, ministerial and other posts add to make appointments thereto; - - - - - - university open to all classes, castes and creeds j4 of 1972 8 the university shall be 9{)eil to peraons of either sex and: ~t wha,," ever race, creed, caste, or class, an 1 it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teachel" or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privi1~ge thereof, except in respect of any particular benefaction accepted by the university, before the commencement of the aligarh muslim university (amendment) act, 1972, where such test is made a condition thereof by any testamentary or other instrument creating such benefaction: provided that nothing in this s!'ction shall be deemed to prevent religious instruction being give'll in the manner prescribed by the ordinances to those who have consented to receive it - - - - 16 the following shall be offirers of the university:-- - - - - officers if the university the chancellor 17 (1) the chancellor of the university shall be appointed by the visitor in such manner as may be prescribed by the statutes - - - - - the pru~ chancejloe 18 (1) the pro-chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes - - - - powers of other officers 21 the powers of officers other than the chancellor, the pro-chancellor, the vice-chancellor, the pro-vice-chancellor the registrar and the finance officer shall be prescribed by the statutes - - - - - 22 the following shall be the authorities of the university:-authorities ot the university - - - - (3b) the faculties; (3c) the students' councij; and - - - - - 23 (1) the constitution of the court and the terttn of ofiice of its meinbers shall be such as may be prescribed by the statutes the court (2) subject to the provisions of this act, the court shall have the following powers and functions, namely:-(a) to review from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university; (b) to consider and pass resolutions on the ann\1&l report, mn~l accounts of the university and the audit report thereop; (e') to advise the vibitor in respect of any matter which'may be referred to it for' advice: and (d) to perform such other functions as may be prescribed by the statutes - - - - 26 the constitution, powers and functions of the faculties and of the students' council and of such other authorities as may be declared by the statutes to be authorities of the university, shall be prescribed by the statutes other authorities of the university 27 subject to the provisions of this act, the statute!6 may provide for all or luly of the following matters, namely:-power to make statutes (a) the constitution, powers and functions of the authorities of the university, the finance committee and such other authorities as may be comtituted from time to time; - - - - - (c) the manner of appointm~nt of the chancellor vice-chancellor, and other officers of the l:niversity; - ' - - statuia 28 (1) on and from the commencement of the aligarh muslim university (amendment) act, 1972, the statutes, as set out in the schedule, 34 ot 1972 shall be the statutes of the university: 340t 1972 provided that the provisions of statutes 29 to 45, both inclusive of the university (relating to provident fund, pension and gratuity for the em ployees of the university), as in force immediately before such commencement, shall be deemed to be included in the statutes set out in the schedule and shall, until new statutes are made under gu,b-section (2), continue in force subject to such modifications [being modifications necessary for bringing them into accord with the provisions of this act as amended by the aligarh muslim university (amendment) act, 1972] as the executive council may, with the approval of the visitor, make 34 ot 1972 (2) after the commencement df the aligarh muslim university (amendment) act, 1972, the executive council may, notwithstanding anything contained in sub-6ection (1), make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1): provided that the executive council shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority ,of the university until such autho,rity of the university has been given an opportunity of expressing the opinion on the proposed changes which shall be in writing and shall be considered by the executive council (3) every new statute or addition to the statutes or any 8j!l8ii1dment or repeal of a statute shaurequire the previous approvlll ,dfthe visitor who may sanction or disallow it or return it to the executive council for further eonsideration - - '" - - (3) the exec'lltive council may direct the amendment, in such :manner as it may specify, of any regulation made under this section or the annulment of any such regulation - - - - - 35 (1) the annual accounts and balance-sheet of the universityhall annual be prepared under the direction of the executive council, and shall once accouilb at least every year and at intervals of not more than fifteen months be audited by the comptroller and auditor-general of india (2) the annual accounts when audited shall be published in the omcial gazette, and a copy of the accounts, together with the report of the c()mptroller and auditor-general shall be submitted to the court, the visitor and the chancellor alongwith the observations of the executive council (3) any observations made by the visitor on the annual accounts shall be brought to the notice of the court and of the chancellor and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor - - - - - the statutes of the university1 (1) the chancellor shall be appointed by the visitor on the re-the chancommendation of the court cellor (2) the chancellor '>hall hold office for a term of three years and shall be eligible for re-appointment la (1) the pro-chancellor shall be appointed by the visitor on the recommendation of the court the pro-chancellor (2) the pro-chancellor shall hold office for a term of three years and shall be eligible for re-appointment the vice-chancellor 2 (1) the vice-chancellor shall be appointed by the visitor from a panel of not less than three persons selected by' a committee as constituted under clause (2) and the panel shall be prepared in the 'alphabetical order and will not indicate any order of preference: provided that if the visitor does not approve of any of the persons included in the panel, he may call for a 'fresh panel (2) the committee referred to :n clause (1) shall consist of three persons, none of whom shall be an ~mployee of t?-e university or a member of the court, executive councilor acadenuc council out of the three persons, two shall be nominated b~ the executive council and one by the visitor the nominee of the visitor shall be the convener - - - - - 6 (1) - - - - - , ~inance ,'officer (4) the finance officer shall-,,(4) exaercise-general supervision over the f\wds; of ute ,university and shall advise it as regards its fidancial policy; and (b) perform such other financial functions as may be assigned to him by the executive council or as may be prescribed by these statutes or the ordin-anees: provided that the finance officer shall not incur any eixpeaditure or , make any investment exceeding rs 10,000 without the previous,'approval of the executive council - - - - - 14 (1) the court shall consist of the following members, namely:-court ex-ofjicio members(i) v ice-chancellor, (ii) an ex-vice-chancellors, (iii) pro-vice-chancellor, (iv)' all deans of faculties, (v) chairman, students' council, (vi) dean of students' welfare, (vii) librarian, (viii) registrar, (-ax) 50 per cent provosts, by rotation according to seniority, (x) proctor; representatives of departments and coueges(xi) all principals df cojl<>ges and polytechnic, (xii) heads of departments of studies by rotation according to seniority in each faculty as shown below-faculty of arts 4 | faculty | of engineering | and ||------------|-------------------|----------|| faculty | of | medicine || 5 | | || f'aculty | | || of | science | || 5 | | || faculty | | || o'f | social sciences; | || 4 | | | represet'atatwes of unioetsity teachers othet than' heads of ~pments and principals(rii'i) '(a) five' professors to be eh!cted from ambngst themselves, 1 (bvfi've readers to be elected from amongst "the:imelves, '(c)'five ,lecturers to be- elected tram amongst th8nu1e1vesj repraemaiiues of 'students (xi~) (a) president, vice-president, secretary and one nominee of the executive committee of the- students' union, (b) secretary, students' council, (c) two persons to be elected by the students! c01mbt} frctim: its own members, provided that on~ of them shall be a secretaty":of"the:c studen~ advisory committee of a faculty, i (d) j'aur membeiis to be elected by -an eleetoralcollege,mdiii" lng oftudents who have shown their academic merit in the manner prescribed by the ordinances, : (e) four members to be elected by an electoral college or colleges· consisting of the student members of the cultural cqimmttee, social service committee 'and the games committee in the manner' prescribed by the ordinances; representatiues of e;vstudents(w) fifteen representativec; to be elected by the alumni (old' boys') association; representatives of parliament(xvi) ten representatives of parliament, six to be nominated by' the speaker of the lok sabh3 from among the members thereof and" four to be nominated by the' chairman of the rajya sabha from 'among the members thereof; persons representing learned professions and special i'llte1"es"(xvii) ten members from learned professions and special interests including representatives of industry, commerce, trade trnioris; banking and agriculture to be nominated by the visitor; nominated members(xvi'ii) a person nominated by the chief rector; (xix) three person's nominated by the chancellor; remaining members of the executive cou~il (xx) the members of the executive council not specified above; 'i" i' representatives of non-teaching staff(xxi) ten representatives of the non-teaching staff to be el~ted from amongst themoselves; representatives of muslim culture and learning(xxii) five persons reprc!:cntlng muslim culture and learnil'lg' to be elected by the court; representatives of donors(xxiii) representatives of persons making to the university a donation of rs 5,000 or more or transferring property of like value to be elected from amongst them>elves there shall be one representative for every fifty such donor/! liut>ject to a ~mum of ~ representatives; donots(xxiv) every person who has made to the univen>ity, a donation of one lakh of rupees or more or transferred property of the like value; representatives of au-india muslim education conference(xxv) two representativt':'! to be elected by the all-india muslim education conference: provided that the election under items (xiii), (xiv), (xv), (xxi), (xxii) and (xxiii) shall be in accordance with the system of proportional representation by means of single transferable vote (2) (i) all the members of the court other than ex-ojjicio members and members representing the stwients, shall hold office for a term of three years (ii) an ex-officio member shall cease to be a member of the court as soon as he vacates the office by virtue of which he is such member (iii) members representing students will hold office for a period of one year or till such time as they continue to be students, whichever is earlier (3) no student, who has pass~d the high school or an equivalent examination more than eight years earlier or the pre-university or an equivalent examination more than se"ven years earlier or has taken more than one year in excess of the period prescribed for the course for which he is a student shall be eligible to hecome a member under item (xiv): provided that no student shall be eligible to b~ome a member of the court unless he has been on the rolls of the university for at least one year before he enters upon his offic~ as such member (4) no employee of the university or of a recognised institution shall be eligible to be a member of the court under any of the items (xv) to (xviii), 15 (1) - - - - - (3) thirty-five members of the" court shall form a q'uorum meetings of the court (4) special meetings of the court may be convened by the executive council or the vice-chancellor, or, if there is no vic~chancellor:, by the pro-viceochancellor, or, if there is no pro-vice-chancellor, by the registrar: provided that a special meeting of the court shall also be called if thirty-five members of the court make a requisition in writing in this behalf 16 (1) the executive council shall consist of the following membera, namely:-executive council (i) vice-chancellor; 1 (ii) pro-vice-chancellor; 1 (iii) (a)' ~p, faculty of arts; (b-) dean, faculty of soci&l sciences; (c) dean, faculty of sci~nce; (d) one dean, by rotation from among the deans of the faculties of medicine and engineering; (e) one dean, by rotation from among the deans of the faculties 0'£ law, commerce and theology; 5 (iv) one principal from the principals of women's college, zakir husain engineering collf:'ge and jawaharlal nehru medical college by rotation according to seniority !lsi principal; 1 (v) one professor, other than a dean or a principal by rotation according to seniority; 1 (vi) three teachers to he e"lected by the teachers of the university from amongst themselves in accordance with the system of proportional representation by means of single transferable vote; 3 (vii) five persons to be elected by the court from among its members by a system of proportional representation by means of a single transferable vote none of whom shall be an employee or a student of the university or a college maintained' by the university of whom at least three shall be' persons normally residing outside the state of uttar pradesh; 5 (viii) four persons to be mminated by the visitor: 4 21 provided that until the members referred to in sub-clause (vii) are duly elected, the executive coiincil shall consist of the members specified in sub-clauses (i) to (vi), both inclusive, and sub-clause (viii) (2) all the members of the executive council other than e:r-ojjicio members shall hold office for a term of three years (3) no employee of the university shall be eligible to be a member under s'ub-clause (viii) of clause (1) (4) seven members of the executive council shall form the quorum (5) when an elected member of the executive council becomes also an ex-afficio member thereof he shall cease to be an elected member thereof and continue as such ex-ojjicio member - - academic counc'll 18 (1) the academic council shall consist of the following members, namely:- - - ' (iv) heads of departments of studies; - (vii) chairman, students' council; - - - (ix) three professors; five readers; and seven lecturers to be elected from each categorv by the teachers in that category in accordance with the system of proportional representation by means of a single transferable vote; - - (2) ~the members of the academic council, members shall hold office for a term of two years otherthane:t,o~ - - - - - 24 v)', the,compositiod of ,the students' council m~y be as fouow~:,­students' couddl (i) chafrman; (~ all tbetu~t members, of the court; (iii) fifteen students be elected by the students in accordance with ,the' system' 'of ·proportional representation and by means ·of ostngle traftsferable vote on the basis of 'allocation of seats to difterent facul ties!",ccording to their strength as may be prescribed i ' in the orairumcaa: proy\~e~ that no student who has passed the high school or an equivalent exai!]ination more than eight years earlier or the pre-university or an equivalent! examination more than seven years earlier or has taken mwe th~ one year in excess of the period prescribed for' the course for whi~h he is a stuqent shpu be eligible to become a member of the students' council (2) 'the ~cretaryof 'the studenfls' council shall be elected by it from amongst its members through the system of proportional representation by meas of single transferable vote 25 (1) thepowej;s and function·s of the students' council shall be as fal1o~=-powers and functions of students' council (i) to make recommendations to the executive and academic councils in matters ~ffecting the academic work of the students such as the structure of courses, pattern of instruction, food, the corporate life of the university in so far 3s it concerns the students, and the co~curri'cular and extra-curricular activities in the university; (ii)~ all" rules affecting dift'iptine, welfare, sports, literary and· d~rtill~ntal ~ieties, management of hostels, student homes, nonresj~ stu4~tlt centres, extension work, '~ocial work, studepts health, national service scheme, national cadet corps, etc, shall ordimuily be placed before the students' council for obtaining its views, which will then be communicated to the academic and execu- _ -~ tiv~, c~~ils for deciosion; (im the council shall have the right to communicate its views, observations and recommendations to the vice-chancellor or any authority of the university, in respect of any matter which concerns the '3tudents (2) the meetings of the students' council shall be held at least three times every year, and not more than six months shall elapse between two meetmgs extraordinary meetings may be held either at theinst&nce of the chairman, or at the request of not less than half ·of the membel:s: of the council ten members of the council shall form the quwllm fo'l" a meeting of the student's' council a billfurther to amend the aligarh muslim university act, 1920 (shri s b chavan, minister of education and socid1 welfare)

Parliament_bills

5b8e22db-771c-50d0-bcff-3ac8ffffb377

bill no 33 of 2008 the appropriation (vote on account) bill, 2008 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 2008-09be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title1 this act may be called the appropriation (vote on account) act, 2008 2 from and out of the consolidated fund of india there may be withdrawn sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of four lakh thirty-nine thousand two hundred nineteen crores and eighty-seven lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2008-09withdrawal of rs 439219,87,00,000 from and out of the consolidated fund of india for the financial year 2008-09:appropriation3 the sums authorised to be withdrawn from and out of the consolidated fund by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year4 reference to the ministries or departments in the schedule are to such ministries or departments as existing immediately before the 6th december, 2007 and shall on or after that date be construed as references to the appropriate ministries or departments as constituted from time to timeconstruction of references to ministries or departments in the scheduleno of votethe schedule(see sections 2, 3 and 4)123sums not exceedingservices and purposesvoted bycharged on theparliamentconsolidatedtotalfund rs rs rs1department of agriculture and cooperation revenue2117,89,00,000 2117,89,00,000capital14,24,00,00063,08,00,00077,32,00,0002department of agricultural research and education revenue446,67,00,000 446,67,00,0003department of animal husbandry, dairying and fisheries revenue320,98,00,000 320,98,00,000capital2,67,00,000 2,67,00,0004atomic energy revenue482,83,00,00017,00,000483,00,00,000capital333,84,00,00017,00,000334,01,00,0005nuclear power schemes revenue247,31,00,000 247,31,00,000capital254,48,00,000 254,48,00,0006department of chemicals and petrochemicals revenue30,22,00,000 30,22,00,000capital8,37,00,000 8,37,00,0007department of fertilisers revenue6868,64,00,000 6868,64,00,000capital7,67,00,000 7,67,00,0008ministry of civil aviation revenue79,34,00,000 79,34,00,000capital28,66,00,000 28,66,00,0009ministry of coal revenue57,58,00,000 57,58,00,000capital5,00,00,000 5,00,00,00010department of commerce revenue470,62,00,0008,00,000470,70,00,000capital118,50,00,000 118,50,00,00011department of industrial policy and promotion revenue103,91,00,000 103,91,00,000capital8,33,00,000 8,33,00,00012department of posts revenue1260,35,00,0004,00,0001260,39,00,000capital71,10,00,000 71,10,00,00013department of telecommunications revenue989,88,00,000 989,88,00,000capital33,46,00,000 33,46,00,00014department of information technology revenue252,75,00,000 252,75,00,000capital16,58,00,000 16,58,00,00015department of consumer affairs revenue38,67,00,000 38,67,00,000capital5,34,00,000 5,34,00,00016department of food and public distribution revenue5622,58,00,000 5622,58,00,000capital62,57,00,000 62,57,00,00017ministry of corporate affairs revenue26,33,00,000 26,33,00,000capital7,50,00,000 7,50,00,00018ministry of culture revenue163,11,00,000 163,11,00,000capital7,72,00,000 7,72,00,00019ministry of defence revenue1292,83,00,0004,00,0001292,87,00,000capital167,78,00,000 167,78,00,00020defence pensions revenue2593,96,00,0004,00,0002594,00,00,00021defence services - army revenue6276,96,00,0002,75,00,0006279,71,00,00022defence services - navy revenue1250,28,00,00023,00,0001250,51,00,00023defence services - air force revenue1881,14,00,00034,00,0001881,48,00,00024defence ordnance factories revenue1108,99,00,00017,00,0001109,16,00,00025defence services - research and development revenue568,83,00,00011,00,000568,94,00,00026capital outlay on defence services capital7996,02,00,0005,15,00,0008001,17,00,00027ministry of development of north-easternregion revenue221,08,00,000 221,08,00,000capital23,92,00,000 23,92,00,00028ministry of earth sciences revenue91,34,00,0002,00,00091,36,00,000capital70,81,00,000 70,81,00,00029ministry of environment and forests revenue279,45,00,000 279,45,00,000capital5,06,00,000 5,06,00,00030ministry of external affairs revenue799,63,00,0001,00,000799,64,00,000capital140,99,00,000 140,99,00,00031department of economic affairs revenue687,47,00,000 687,47,00,000capital99,85,00,000 99,85,00,00032payments to financial institutions revenue1210,60,00,000 1210,60,00,000capital468,20,00,000 468,20,00,000no of vote123sums not exceedingservices and purposesvoted bycharged on theparliamentconsolidatedtotalfund rs rs rs33department of financial services revenue10,00,00,000 10,00,00,000charged - interest payments revenue 345,77,49,00,00034577,49,00,00035transfers to state and union territorygovernments revenue8680,56,00,0005732,07,00,00014412,63,00,000capital811,25,00,000811,25,00,00036loans to government servants, etc capital60,00,00,000 60,00,00,000charged - repayment of debt capital290929,06,00,000 290929,06,00,00038department of expenditure revenue6,98,00,000 6,98,00,000capital1,00,00,000 1,00,00,00039pensions revenue1321,79,00,0005,90,00,0001327,69,00,00040indian audit and accounts department revenue207,28,00,0006,14,00,000213,42,00,000capital49,00,000 49,00,00041department of revenue revenue1551,65,00,000 1551,65,00,000capital14,00,000 14,00,00042direct taxes revenue315,00,00,000 315,00,00,000capital70,33,00,000 70,33,00,00043indirect taxes revenue300,77,00,00020,00,000300,97,00,000capital148,36,00,000 148,36,00,00044department of disinvestment revenue3,50,00,000 3,50,00,000capital388,33,00,000 388,33,00,00045ministry of food processing industries revenue42,43,00,000 42,43,00,000capital7,40,00,000 7,40,00,00046department of health and family welfare revenue2992,51,00,000 2992,51,00,000capital155,28,00,000 155,28,00,00047department of ayurveda, yoga and naturopathy, unani, siddha and homeopathy(ayush) revenue103,50,00,000 103,50,00,000capital33,00,000 33,00,00048department of health research revenue88,63,00,000 88,63,00,000capital98,71,00,000 98,71,00,00049department of heavy industry revenue35,83,00,000 35,83,00,00050department of public enterprises revenue2,42,00,000 2,42,00,00051ministry of home affairs revenue148,20,00,0002,00,000148,22,00,000capital11,71,00,000 11,71,00,00052cabinet revenue50,45,00,0002,00,00050,47,00,000capital13,33,00,000 13,33,00,00053police revenue2753,30,00,00065,00,0002753,95,00,000capital890,75,00,0001,17,00,000891,92,00,00054other expenditure of the ministry of home affairs revenue166,51,00,000 166,51,00,000capital4,37,00,000 4,37,00,00055transfers to union territory governments revenue294,73,00,000 294,73,00,000capital12,00,00,000 12,00,00,00056ministry of housing and urban poverty alleviation revenue117,50,00,000 117,50,00,000capital25,00,000 25,00,00057department of school education and literacy revenue6637,00,00,000 6637,00,00,00058department of higher education revenue1593,98,00,000 1593,98,00,00059ministry of information and broadcasting …… revenue249,62,00,0001,00,000249,63,00,000capital68,72,00,000 68,72,00,00060ministry of labour and employment revenue352,89,00,000 352,89,00,000capital21,61,00,000 21,61,00,00061election commission revenue2,58,00,000 2,58,00,00062law and justice revenue114,31,00,000 114,31,00,000capital1,00,000 1,00,000charged - supreme court of india revenue 9,76,00,0009,76,00,00064ministry of micro, small and medium enterprises revenue182,67,00,000 182,67,00,000capital139,00,000 1,39,00,000no of vote123sums not exceedingservices and purposesvoted bycharged on theparliamentconsolidatedtotalfund65ministry of mines revenue64,51,00,0002,00,00064,53,00,000capital8,63,00,000 8,63,00,00066ministry of minority affairs revenue156,47,00,000 156,47,00,000capital12,50,00,000 12,50,00,00067ministry of new and renewable energysources revenue98,98,00,000 98,98,00,000capital5,03,00,000 5,03,00,00068ministry of overseas indian affairs…… revenue9,17,00,000 9,17,00,000capital1,67,00,000 1,67,00,00069ministry of panchayati raj revenue796,75,00,000 796,75,00,00070ministry of parliamentary affairs revenue1,00,00,000 1,00,00,00071ministry of personnel, public grievances and pensions revenue59,20,00,0001,38,00,00060,58,00,000capital7,50,00,0001,50,00,0009,00,00,00072ministry of petroleum and natural gas revenue485,50,00,000 485,50,00,00073ministry of planning revenue15,96,00,000 15,96,00,000capital1,67,00,000 1,67,00,00074ministry of power revenue1014,87,00,000 1014,87,00,000capital51,09,00,000 51,09,00,000charged - staff, household and allowancesof the president revenue 3,33,00,0003,33,00,00076lok sabha revenue52,37,00,0007,00,00052,44,00,00077rajya sabha revenue19,00,00,00010,00,00019,10,00,000charged - union public service commission revenue 12,96,00,00012,96,00,00079secretariat of the vice-president revenue28,00,000 28,00,00080department of rural development revenue12594,96,00,000 12594,96,00,000capital25,00,000 25,00,00081department of land resources revenue400,65,00,000 400,65,00,00082department of drinking water supply revenue1416,98,00,000 1416,98,00,00083department of science and technology revenue287,25,00,000 287,25,00,000capital11,15,00,000 11,15,00,00084department of scientific and industrialresearch revenue345,23,00,000 345,23,00,000capital110,00,000 1,10,00,00085department of biotechnology revenue153,17,00,000 153,17,00,00086department of shipping revenue175,42,00,000 175,42,00,000capital62,46,00,000 62,46,00,00087department of road transport and highways revenue2159,46,00,0008,00,0002159,54,00,000capital2224,38,00,0001,17,00,0002225,55,00,00088ministry of social justice and empowerment revenue383,33,00,000 383,33,00,000capital23,17,00,000 23,17,00,00089department of space revenue382,35,00,0007,00,000382,42,00,000capital296,53,00,0006,00,000296,59,00,00090ministry of statistics and programme implementation revenue312,45,00,000 312,45,00,000capital4,05,00,000 4,05,00,00091ministry of steel revenue17,34,00,000 17,34,00,000capital2,58,00,000 2,58,00,00092ministry of textiles revenue510,76,00,000 510,76,00,000capital43,16,00,000 43,16,00,00093ministry of tourism revenue81,00,00,000 81,00,00,000capital93,50,00,000 93,50,00,00094ministry of tribal affairs revenue43,84,00,000303,42,00,000347,26,00,000capital8,34,00,000 8,34,00,00095andaman and nicobar islands revenue205,67,00,000 205,67,00,000capital125,14,00,000 125,14,00,00096chandigarh revenue212,89,00,0006,72,00,000219,61,00,000capital38,28,00,0006,00,00038,34,00,00097dadra and nagar haveli revenue199,94,00,000 199,94,00,000capital5,23,00,000 5,23,00,000 rs rs rsno of vote123sums not exceedingservices and purposesvoted bycharged on theparliamentconsolidatedtotalfund rs rs rs98daman and diu revenue82,26,00,000 82,26,00,000capital7,88,00,000 7,88,00,00099lakshadweep revenue64,28,00,000 64,28,00,000capital30,01,00,000 30,01,00,000100department of urban development revenue191,04,00,0004,26,00,000195,30,00,000capital817,98,00,0004,33,00,000822,31,00,000101public works revenue132,35,00,00017,00,000132,52,00,000capital59,20,00,00017,00,00059,37,00,000102stationery and printing revenue36,85,00,000 36,85,00,000capital2,00,000 2,00,000103ministry of water resources revenue132,26,00,000 132,26,00,000capital18,29,00,00050,00,00018,79,00,000104ministry of women and child development revenue1209,50,00,000 1209,50,00,000105ministry of youth affairs and sports revenue162,88,00,000 162,88,00,000capital22,42,00,000 22,42,00,000total106733,36,00,000332486,51,00,000439219,87,00,000 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 from and 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 2008-2009p chidambaram———— president' s recommendation under article 117 of the constitution of india————[copy of letter no 2(1)-b(d)/2008 dated the 10th march, 2008 from shri p chidambaram, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation(vote on account) bill, 2008 to 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 2008-2009, recommends the introduction and consideration of the bill in lok sabha under article 117 (1) and (3) of the constitution of india, read with article 116(2) thereof———— 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 2008-09————(shri p chidambaram, minister of finance)

Parliament_bills

28bdfa64-2f7b-580e-9bff-744504b8af44

bill no xc of 2010 the health insurance for persons living below poverty line bill, 2010 a billto provide for health insurance for the benefit of persons living below poverty line and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:1 (1) this act may be called the health insurance for persons living below povertyline act, 2010short title, extent and commencement(2) it shall extent to the whole of india2 in this act, unless the context otherwise requires,—definitions(a) "person living below poverty line" means any person, whose annual income from all sources is less than rupees fifty thousand; and(b) "prescribed" means prescribed by rules made under this act53 the central government shall frame a health insurance scheme for persons living below poverty linehealth insurance scheme4 (1) the central government shall, through the state government or the union territory administration, as the case may be, issue a health card to every citizen living below poverty linehealth card to persons living below poverty line10(2) the health card shall contain the details such as name and age, address, detailsof family members, annual income and such other information of the citizen living below poverty line as may be prescribed5 any citizen, who is entitled to a health card but has not been issued the same, may approach the district administration, which shall, after necessary verification, issue the health card15citizens to approach district administration if card is not issued6 (1) any person, who has been issued a health card, may approach any hospital, including a privately run hospital for treatment of self or any of his family members, whose name has been included in the health cardright of health cardholders to get treatment from hospitals20(2) the hospital shall make entries in the health card regarding the total expenditure incurred by it in the treatment of the cardholder or his family and shall also provide the prescribed medicines free of cost(3) the hospital shall not charge any fees from the cardholder for his treatment or any of his family members and send a copy of the detailed expenses to the central government in such manner as may be prescribed257 the total expenditure on the treatment in respect of a health cardholder and his family members shall not exceed rupees twenty-five thousand per year:limit of expenditure on the treatment of cardholdersprovided that the cardholder may submit an application in the form as may beprescribed, to the central government for enhancing the limit in case of any critical illness and the central government may allow an enhanced expenditure for the treatment of a particular disease308 subject to the provisions of section 7, no hospital shall refuse treatment to any cardholder, on the ground that the cardholder has not made any advance deposit with the hospital for treatmenthospitals not to refuse treatment to cardholderspenalty forviolation359 if any hospital refuses to treat any cardholder or member of his family without anyvalid reason, the central government shall issue directions for cancellation of the license of the hospitalprocedure for reimbursement10 the hospital shall make its claim for reimbursement of expenses in connectionwith treatment of a cardholder or a member of his family to the central government in such manner as may be prescribed40reimbursement to be made within a month11 the central government on receipt of a claim under section 10, shall processthe same and reimburse the expenses within a month of receipt of the claim to the hospital concerned12 (1) every cardholder shall be insured for a sum of rupees twenty-five thousandlife insurance of the cardholder45(2) the amount of insurance shall be paid to a nominee of the cardholder in case ofhis death(3) the premium for insurance of the cardholder shall be paid by the central government13 the central government may, be notification in the official gazette, make rules for carrying out the purposes of the actpower to make rules statement of objects and reasonspoor people cannot afford treatment in hospitals as it has become a costly affairhuge crowds in government hospitals discourage elderly, physically challenged persons and women from taking treatment there as a result, they are left uncared and unattended for want of medical treatment even in government hospitals, they have to spend money for purchasing medicines, etcindia being a welfare state, care has to be taken by the government for under-privileged sections of the society it is proposed to provide that persons living below poverty line may be allowed to take treatment in hospitals including private hospitals and there is also a provision for their life insurancethis, it is hoped, will mitigate the hardship of the poor people to some extent who die for want of the medical treatmenthence, this billavtar singh karimpuri financial memorandumclause 3 of the bill provides for health insurance scheme for all persons living below poverty line clause 4 provides for issuance of health cards to all persons living below poverty line to enable them to take treatment in hospitals clause 11 provides for reimbursement of expenses by the central government to the hospitals concerned there is also a provision for life insurance of the cardholder under clause 12this bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five thousand crore per annuma non-recurring expenditure of about rupees one thousand crore will also be involved for issuing health cards memorandum regarding delegated legislationclause 13 of the bill gives power to the central government to make rules for carrying out the provisions of the billas the rules will relate to matter of details only, the delegation of legislative power is of normal character rajya sabha———— a billto provide for health insurance for the benefit of persons living below poverty line and for matters connected therewith or incidental thereto————(shri avtar singh karimpuri, mp)gmgipmrnd—6692rs(s3)—28-02-2011

Parliament_bills

91733909-822c-56e4-a6cf-13e3ce30352b

bill no lxi of 2012 the protection of women from domestic violence (amendment) bill, 2012 a billfurther to amend the protection of women from domestic violence act, 2005be it enacted by parliament in the sixty-third year of the republic of india as follows:— 1 (1) this act may be called the protection of women from domestic violence(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, appoint2 after section 18 of the protection of women from domestic violence act, 2005, the following proviso shall be inserted, namely:—amendment of section 18 of act 43 of 2005"provided further that the commissions constituted to protect the interest ofwomen under the state legislations and also service providers recognized, if any, under such legislations, may also issue protection orders under the above section, which shall remain in force for a period of eight days, from the date of the order, until a magistrate having jurisdiction to decide in the matter of domestic violence in question, takes cognizance of any complaint field by the aggrieved person and passes an appropriate protection order in the matter, whichever is earlier" statement of objects and reasonsparliament has enacted the protection of women from domestic violence act, 2005, which has empowered the magistrate to pass orders in the nature of protection orders under section 18, residence orders under section 19, orders for monitory relief under section 20, custody orders under section 21 and compensation orders under section 22, etc however, till the time an aggrieved person approaches a protection officer to file a case before the magistrate on behalf of an aggrieved person, it takes a considerable time and aggrieved person gets no protection whatsoever, till that timetendency among aggrieved person is to first approach the national commission for women appointed under the national commission for women act, 1990 or a similar state commission appointed under the respective state legislations these commissions have powers to hear the parties and arrive at settlement in the event there is an agreement between parties the next course open to these bodies is to advise the aggrieved person to approach the protection officer or police authorities, as the case may bethe proposed amendment brings the commissions appointed under the state legislations within the ambit of the protection of women from domestic violence act and extend the powers of issuing protection order to a limited extent also to the commissions and service providers under the said state legislations, so that, aggrieved persons approaching the commissions in the first instance can also get relief from the commissions as the case may be instead of, merely, an advice or guidancehence this billshantaram naik annexure extract from the protection of women from domestic violence act, 2005 (43 of 2005) 18 protection orders—the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—(a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order rajya sabha————— a billfurther to amend the protection of women from domestic violence act, 2005—————(shri shantaram naik, mp)gmgipmrnd—3953rs(s3)—07122012

Parliament_bills

d965cfe3-7e06-5843-b32d-ba3f744084f7

bill no xiv of 2014 the constitution (amendment) bill, 2014 a billfurther to amend the constitution of india 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 constitution (amendment) act, 2014(2) it shall come into force at onceshort title and commencement2 in article 324, clause (1), of the constitution, after the following proviso shall be inserted, namely:—amendment of article 3245"provided that notwithstanding any judgement or order of any court, nothing in clause (1) of article 324 shall authorise the election commission to pass any order or issue any instruction covering a substantial area of law with respect to which parliament has the legislative competence" statement of objects and reasonsunder article 324(1) of the constitution of india, election commission of india has power of superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to parliament and to the legislature of every state and of elections to the offices of president and vice-president held under this constitution shall be vested in a commissionhowever, at times the commission issues instructions and orders purportedly under the above clause, which cover substantive area of law india has two substantive laws relating to the subject, namely, the representation of the people act, 1950 and the representation of the people act, 1951 these legislations are exhaustive in nature and no other legislations are needed to conduct elections in free and fair manner the central government, in fact, should constitute a committee to examine the orders and instructions issued by the commission from time to time and identify such orders and instructions which fall within the jurisdiction of parliament of india even presuming that certain reforms are needed in the two legislations referred to above, failure on the part of the government to carry out any reforms, by way of amendments, does not entitle commission to step in into the shoes of parliament, when the two legislations cover each and every aspect related to electionshence, this billshantaram naikrajya sabha—————a billfurther to amend the constitution of india—————(shri shantaram naik, mp)gmgipmrnd—1758rs(s3)—25072014

Parliament_bills

beaf77d5-1ba2-5abe-8486-719a6c03b69d

clauses106 f clauses88 of patent with th licewes effect of endorser of right" revocation of patents by the controller for non-working ag 36 when reasonable requirements of the public deemed not satisfied right of exelusive licensee fo take proceedir against infringement gl power of controller to adjourn applications for compulsory right of hcensee under section $4 to take proceedings licences, etc, in certain cases against infringement procedure for dealing with applications under sections 84, 92 restriction on power of court to grant damages or account mi 86 and 88 of profits for infringement powers of controller in granting compulsory licences 93 12 restriction on power of court to grant injunction in certain cases, general purposes for granting compulsory licences 94 al3 terms and conditions of compulsory ucences 95 certificate of validity of specification and costs of subsequent suiis for infringement thereof licensing of related patents 96 4, belief for infringement of partially valid specification special provision for compulsory licences on notification gf py central government scientific advisers 115 order for licence to operate as a deed between parties con- 98 chapter xixcerned appeals chapter xviiappeals, 116 use of inventions for purposes of government and acquisition of ynventions by central government117 procedure for hearing of appeals 1 99 meaning of use of invention for purposes of government chapter xx100 power of central government to use inventions for pur poses of government penalties101 118 rights of third parties in respect of use of invention for purposes of government contravention of secrecy provisions relating to certain inventions 102 119 falsification of entries in register, ete acguisition of inventions and patents by the central government 120 unauthorised claim of patent rights 103 reference to high court of disputes as to use for purposes of government 121, wrongful use of words "patent office" chapter xviii122 refusal or failure to supply information suyvrs concerning infringement of patents13 practice by non-registered patent agents jurisdiction 104 offences by companies 105 power of court to make declaration as to non-infringement, clauses pateiesax of patent agents 125 regist yion as paten' agents 426 qualifications tor regis' t agents 427 rights of paten geation of certain documents by 198 subscription and veri patent agents 199 restrictions of practice as patent agents rom register ol pa storation- 130 removal tent agents and re! ex of coniroller to refus gents e to deal with certain 2: 131 pow: 192 savings in respect of other persons authorised to act as agents, ° boss or destiuuction of patent cuaprer xo - eons of centvotier co be qlaced betore p international arrangements ")bsrent tos meni 2 before davie teat 133 notification as to convention countries na t of severnmeut to sell or use a ol high courts to make ok articles su power of central governm a verinment io make rules on as to countries not providing for reciprocity 134, notificati placed before parliament 135 convention applications ating to convention applications fal special special provisions with re t} si 136 special provisions yeli 137 multiple priorities 5 to convention applications 138 supplementary provisions et 16% repeal uf a al of act 2 344 antion applications of 1311 in so far as it relates 4 relates to pate 188 am patents 83, amendment of act 43 of 195% ig5&, ions of act to apply to conv 439, other provisi chapter sckim miscellaneous140 avoidance of certain restrictive conditions 14 determination of ff certain contracts 142 fees 143 restricti £ specifications ons upon publication © miners to be confidential 144 reports of exe a of patented inventions 145 publicatio of specifi specuile , and iuspes 160, rules te bes ct te tat tm applications deemed to have been refus 3 act 2 0 i ave bee use ig f i9ti ' | | and savings, the schedule, fellows: chapter 1 preliminary(2) this act may be called the p atenty act, 1967 @) yw extends to the whole of india the centrat govern (3) tt shall came into ¢ om such date a ment may, by notification in the oficial gazette, appeir ided that different dates may be appointed for ifferent proy 10 provisi my reference in any sue th: ons of this act, and commencement of this act shall be construed bh provision to as a relerence la that provision, the coming into force of lele sthere uns act, unless the coote pad factawexien prebecions, issngne e aed ye tu the a that person: (d} "comino! controller gene designs and frade mevks re hatred to tn section fed "oonventin: (c2 "convention ation'? ab applicalion for a patent made hy virtue ¢ section id} "convention conntry p notified as suck under sud-seetion a) of seetion te} "district court" has neaning on by the coda of @ ik beocednre, 5d ef tena, cp "exclusive less s22 hicenee irom a which confers on the heansee or an the licenses and a by him, te the ; lag the patentee), any and "exclusive heense, ot all othe pespeed of th ented inve: constrned accordingly: means iq) "foo babies, stance intended for the 4 drink: at copvalescents ag an, article food op (2) "government undertaking" means any industrial wodertaking carried on-~ mt of the goverpment, or @) by a deparime: (i) by a corporation estab: hod by a -entral, provin cial or state act, whi ertunent, or controlled by the coy his owned (iii) by a government combeny as defined in section 61 of the companies act, 1956, 1 of 1996, ific and tadust win tadic aud aay othe lis fnaneet and includes the council of seieny gay univ rsily cslabtished hy ¥ mstilation for scientifie or technical education whict wnolly or for the me ajor part by the government: g) "high coupe: ans, tation to the union tearcire of meth? ana the ¥ © lervivery gt wiimae, al pradesh the ilgii court ii} in relation to che union versite ry of the val nicobar islanes, the ti bh woh at calculia: fe) in reladion to the union tettitory of the laccadive minicoy and amindivi tslas ds, the high court of kerala darvat fe} to veletion lo the nien fersitory uf go and din and the union territory of dadra and na 3 vel, the uigh court of bombay; (vi} in relation to the unions vervitory of bondichert the high court of madrias; (hy in relation lo the union ie: ritery of cl the high court of punjab and haryana; and (vii) in relation to any other state, the high caurt foe thas state: "invention" meas any new aud nsetul— g) art, process method or manner of manulaclares 4) machine, apparatus or othe article; (47) substance produced by manufacture, 20 and includes any new and useful improve: ment of any of thena, and an alleged invention; e pes (a) "legal representative" means a 'person who in law re yee sents the estate of a dec eased person; () "medicine or drug' includes @) ali medicines for internal or external use of human beings or animals, (i) all substance: intended 10 be used for or im the jagnosis, | in reatment, mitigation oy prevention of diseases human beings or animals, 30 (2) all substances intended to pe used tor or in the maintenance of public health, or the prevention or control af any epidemic disease among human beings or animals, (iv) all chemieat substances which are ordinarily used s intermediates in the preparation or manufacture of any "2 at the medicines or substances above referred to, but does not inchide insecticide, sermicide, fungicide ot any used for the protection or preseyother subsiance intended to be vation of plants: 4 is a patent ranted under this act and s 44, 49, 50, 51, 52, 54, 55 includes for the purposes of sectiar 78, 134, 140, 158, 164 and 196 and 88, b7, 58, ent mted under ihe rvi, xvii and indian patents and designs act, chapte wise } "patent agent" meaus a person for the time being ¥ under this act as a patent agent; tev (9) "patented article' and "patented process" mea ospece lively an article or process in respect of which a patent ig in force; (p) "patentee" means the person for the time being entered on the register as the grantee or proprietor of ihe patent; on" means o patent granted in accord- (q) "patent of addit: ance with section 54; meang the patent office referred to in (r) "patent off section 74; {s) "person" includes the government; {t} "person inter ; ) ' sted" includes a on engaged in or in promoting research in the same field as that to which the invention relates; mi fi) prescribed" means, in relation to proceedings belore a higa court prescribed by rules made by the high court, and in other cases, prescribed by rules made under this act; (w) "pr ibed manner" includes thi 3 eribed ton les the payment of the pres- (we) "priority date" has the meaning assigned to it by section y) "true rst inv a i am oe ; c and firs tiny entor does not inciude either the first porter of an invention into india, or a person to whom an nye a i f invention js first communicated from outside india (2) in this act, unless the context otherwis requir any vet (a) to the controller shall be construed as including a refer a 5, hi ' : erence to any officer discharging the functions of the co rolier in pursuance of sub-section (2) of section 73: i (b) to the patent office shall be construed as inc ing a aut all be construed id 1 ine reference to any branch office of the patent office " the following are nol dewentions within the vaca acie lo hich clalmty ary (a) an invention which is i ary io well established natural laws: obviously cork y or intended use of which (bo) an invention lhe prim puhliz ar morality or injurious bk would be contrary to law health; g ; of a gcientifie principle or the for- (ey the mere giscove mulation of an abstract the: {d) the mere discovery of any new property or new use for a known subsiance or ol the inere new use of a krown proce 15 machine or apparatus ixture resulting {e) a substance obtained by a mere adr only in the aggregation of the properties of the components thereof or a process for producing such substance; (f) the mere a ngement or re-arzangement or duplication of known devices each functioning independency ef one another in a known way; (g) a method or process of testing applicable during the process of mxnufacture for rendering the machine, apparatus 02 ie or other equipment more efficient or for the improvement of vestoration of the existing machine, apparatus of other eyuipment or for the improvement or eontrol of manufacture; we a (h) a method of agriculture or horticulture; 30 (i) any process for the medicinal, surgical, curative, lactic or other treatment of human beings or any proces similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products 4 no patent shall be eranted in respect of an invention relating inventions to atomic energy falling within sub-section (j) of section 20 of the rela:ing 2, atomic energy /act, 1962 to atomic 33 of 196: " energy not patent able 5 in the case of inventions—- fa) claiming substances intended for use, or canvable af hyo inventions where only nicineds ing used as food or as medicine er drag, or oy pro (b} velocing to substances prepared or produced by chemiex] processes cincluding optical gla metallic compounds}, and int 2s ut reanutacture and sbslances when pro duced by the patent shall be granted o in res, of claims for the method laiiig or process of manulaclure and in respect af for the sub stances whe uced by such method or process, selle me ov pros esses patent ale, chapter jit applications for patentsan 6 (7) subject io the provisions contained in section : a made be any application for a patent for an javenlion may be made by any of (he following persons, thai is to say,— sons entitled to apply for patents, (a) by any person claiming to be the true and first ine ys ventov of the invention; (b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to raake such an application; (c) by the legal representative of any deceased person who immediately before his death was entitled to make such 29 an application, (2) an application under sub-section () may be made by any of the persons referred to therein either alone or jointly with any other person | form ||----------|| opplica- || tion |7 u1) every application for a patent shall be for one mvention only and shall be made in the prescribed form and filed in the patent office (2) where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be 3° furnished with the application or within such period as may be preserived after the filing of the application, proo! of the rigat to make the application (3) every application under this section shall state that the applicant is in possession of the invention and shall name the owner °" where the person s¢ 8 () where an applicant for a patent under this act is x secuting either alone or jointly wi oa at appli cation for a patent in any countey outside indi pect of the yo same or substantially the invention, or 6 kis knowledge such an appiliecati eing prosecuted iby mne person ough whom he claims or by some person deriving title from him, he shall file slong with his application— applica tions, (a) a statement seiting ont the na of country 15 where the application is being prosecuted, the seria? number and date of filing of the application and such other particulars as may be preseribed; and (®) an undertaking that, up to the date of the acceptance of his complete specification aled in india, he would keep the 20 controller informed in wr ing, m time to time, of details of the nature referred to in clause (a) ia resp of every other application celating to the same or substantially the same invention, if any, filed in any country outside india subsequently to the filing of the statement referred to in the aforesaid clause, 25 within eight weeks from the date of the matter coming to his knowledge @) the controller may slso require the applicant to furnish, as far as may be available to the applicant, details relating to the objections, if any, taken te any such apopliest as is referred to vw 30 in sub-section (1) on the ground that the invention is lacking in novelty or patentability, the amendments effected in the specifica-~ tions, the claims allowed in respect thereof and such other particulars as he may require 9 (1) where an apptication for a petent (not being a convention 35 application) is accornpanied by a provisional specification, a complete specification shall be filed within twelve months from the date of provislonal and complore filing of the application, and if the complete specification is not so 5 filed the application shall be deemed to be abandoned: provided that the complete speci mo omay be filed at any 4o time after twelve months but within fifteen months from the date aforesaid, if a request to that effect is made to the controller an" the prescribed fee is paid on or before the date on which the co plete specification is filed 8 {the same (2) where twe or yaure applications in the nase 6 nt are accompanied by provisional specifications appl of inventions wh ich ate cognate or of which one controller is of opie that the whele of such of another and the fnventions are such as to constitute a single jnvention and may 3 patent, he may allow one complete properly be included in one pect of all such provisional specificespecification te be &! in tions a patent (not being a sonvention (3) where an application for cation purporting to be a come jg accompanied by a specifi application plete specification, the controller may, if the applicant so requests at any time before the acceplance of the application, direct that such specification shall be treated for the purposes of this act as a provisional specification and caed with the application accordingly (4) where a complete specification has been filed in pursuance a5 of an application for & patent accompanied by a provisional specifieation or by @ specification treated by virtue of a direction under sub-section (3) as a provisional specification, the controller may, if the applicant so requests at any time before the aceeptance of the application, cancel the provisional specification and post-date 20 the application to the date of filing of the complete specification of 10 (1) every specification, whether provisi shall begin with coatents specifica- lions ona! or complete, shall describe the invention and a title sufficiently indicating the subject-matter to which the invention relates (2) subject to any rules that may be made in this behalf under 75 this act, drawings may, and shail, if ihe controfler so requires, he supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the controiler otherwise directs, be deemed to form part of the specification, and references in this act to a specification shall be construed 3° necordingly controller considers that an (3) if in any particular case the ad py a model or sample application should be further supplemente of anything illustrating the invention or alleged to constilute an invention, such model or sample as he may require shall be furnished 35 before the acceptance of the application, but such model or sample shall not be deemed to form part of the specification (4) every complete specification shallits (a) fully and particularly describe the jnvention and ds 4 operation or use and the method by which it is to be performe! (b) disclose the pest method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and ; (3) the claim or of to a § i / : to a single invention, 3 vased on the matter (6) such cases as a808 ab yy be preseri nue es rescr iby 2 fuss; with the complete specificeti " - within such pe ; ; sx ation or breseribed after the filing of that a ration, '7 _ (?) sabject to th j to the foregoing x of this section, a comnplete " hon play include claims specificatic voviienat se sifeation fled after a provisional on beet of developments of, ov ad ens to, the invention s described in the previsiona , additions in 1g wecifeation, be ts the nan wn respect of which th: applicant w a oe eiemments or isions of section 6 s sepaiale an patent of section 6 fo make 4 sep ote ore application for a 44 (2) there shall be a nity date for each claim of 2 i it priority date for each clat £ each mob a specification complete priori =z 'ity claims complete specification 20 which the (2) each claim of a see applicant considers to be the pri we dae ante fhe eee oom ori : ity date of that claim, complete sf | specifi- jed in pursuance of a cation, (2) where a ; : complete speci i single application accompanied bn vy (a) a provisional specification; or hich is te hich is treated by virtue of a direc ; tion @ a specification wi tion, under sub-secti, ction (3) of seeti ection 9 as a provisiona} specific: a and the claim is fair ased on the matter disclosed ix the - f bi ly based i on faa s in the specifi ne hey the priority date of that claim shall be the dat 2 2 0: i 30 ic relevant i i ; (4) where the com, "en on plete specification is 4 occ 1 ee or proceeded with accompanied by si 'ations ac y su section (3) and the claim ie in pursuance of two specifications as are mi fairly based on the may or more applications entioned in sub oo, tier disclosed— ; im one of tho @ specifications, the of fling of tee priority date of that application accompanied 35 claim shall be the date by that specification: notes, the priority date of (b) partly i ; 'y in one and pa i hat claim shall be the date ots ompanied by the specification of ling of the applicatio the later date, ° (5) where the complete specification has been med in pursuance jaim he mat of a further app m made by virtue of sub-section (1} of section 16 sud the claim is fairly based on the matter disclosed in any of the earlier specifi 3, provisional cr complete, as the case may be, the priority date of that hall be the date of the filing of ¢ that specification rhich was grst disclosed 7 (6) where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that elairn shall be the earlier or earliest of those dates 10 which subsection (3), (4, (5) and (6) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification (8) the reference to the date of the filing of the application or of the complete specification in this section shall, in cases where 15 there has been a-post-dating under section 9 or section 17 or, as the case may be, an ante-dating under section 16, be a reference to the date as so post-dated or ante-dated (9) a claim in a complete specification of a patent shall not be invalid by reason only of— 20 (@ the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or (b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date 25 chapter iv examination of applicationsxami- 12 (1) when the complete specification has been filed in respect nation of an application for a patent, the application and the specification of appli relating thereto shall be referred by the controller to an examiner 39 cation for making a report to him in respect of the following matters, namely: - (a) whether the application and the specification relating thereto are in accordance with the requirements of this act and of any rules made thereunder; 35 (6) whether there is any lawful ground of objection to the grant of the patent under this act in pursuance of the applieation; (@ whether the pr the ant is the this act; and (2) the examincr to whom pplicaiion and the relating thereto are referred w ion (1) make the report to the controle: a pericd of eightet from the date of such reference, x0 «13 (7) the examiner to whom an application for a patent is rex ¢ ferred under section 12 shall wake investigation for the purpose of ascertaining whether the invention so fay as claimed ia any clair cipation af the complete specificalion— by pre~ vious (a) has been anticipated by publication before the date of pape jon an filing of the applicant's complete specification in any specifieaby_ prior 1s tion filed in pursuance of an application for a patent made in claim, india and dated on or after the ist day of january, 4912; (b) is claimed in any claim of any other complete specifi- | cation published on or after the date of filing of the applicant's 20 complete specification, being a specification filed in pursuance of 'an application for a patent made in india and dated before ox claiming the priority date earlier than that date (2) the examine shall, in addition, make such investigation as the controller may direct for the purpose of ascertaining whether 25 the invention, so far as claimed in any claim of the complete specifieation, has been anticipated by publication in india or elsewhere in any document other than those mentioned in sub-section (2) before | the date of filing of the applicant's complete specification, | (3) where a complete specification is amended under the provi- 30 sions of this act before it has been accepted, the amended specificas tion shall be examined and jnvestigated in like manner as the origi- ! nal specification (4) the examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the and ne liability shail be incurred by the any officer thereof by reason of, or in coumor investigation or avy report 3g validity of any patent, central government ot nection with, any such examinatio: or other proceedings consequent thereon, consicdeation of to eusure corapliance made thereunder ance with the provisions he (2) where th the application cr any specificatio: $ not ly with require controller may either amend- se plie {a} refuse to preceed with the application mons ia {bo} require the application, specification or drawings to be 1 ease2, amended to his satisfaction before he proceeds with the appli- 5 pation, {2) if it appears to the controiler that the invention claimed in the specification is not an invention within the meaning of, or is not patentable under, this act, he shall refuse the application (3) if it appears to the controller that any invention in respect af which aa application for a patent is made might be wsed in any inanner contrary to law, he may refuse the application, unless the specification is amended by the insertion of such dis-claimer in respect of that use of the invention, or such other reference io the iiegality thereof, as the controller thinks fit 25 power 16, (1) a person who has made an application for a patent under trofler this act may, at any time before the acceptance of the complete tomake specification, if he so desires, or wilh a view to remedy the objection orders raised by the controller om the ground that the claims of the comrespect» plete specification relate to more than one invention, file a further ingdiviapplication in respect of an invention disclosed in the provisional sion of spect n ; applica- of compleie specification already filed in respect of the first mention- hon ed application (2) the further application under sub-section (j) shall be accompanied by a complete specification, but such complete specifica- 35 tion shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application tion aod the » u) sub | i | of | hefare | accep' ||------|-------|-----------|-----------|troller may, a make anders as may be specified > respectshall be ¢ and pro ly: ing dating prov of anplication, 20 section to application shall this subhe posi-dated und from the date on ich it was 2c (2) where an dicstion ling drawings} is requived io be amended unde: (b) of sub-section (7) of ection 15, the application or specification shall, if the controller so directs, be deemed ¢ been made on the ate on which the here the application or speci o-fled is © ith or uraed to the applicant, on the date on which it is complying with the requirement nvention $0 le @ 30 18 (1) where it appears to the controlier that the far as claimed in any claim of the complete specification has been an~ ticipated in the manner referred to in clause (a) of sub-section (1) ov sub-section (2) of section 13, he may refuse to accept the complete specification unless the applicant— powers of contro'ler in vases of anti+ cipation ss (a) shows to the satisfaction of the controller that the priority date of the claim of his complete specification is ne than the date on which the relevant document was publishe: ib ib) amend: e controller, (2 we i 1on is claimed ification referred io in clause in a claim ¢ he may, subject to the preovithat a reference to that other 3 d by way of notice to the public in the 's cormplete specification unless within such time as may be claim is not later than the pricrity id other specificetion; or @) under the invention so far as claimed in any claim of the i i + tion has been claimed in any other sub-section applicant's applicant's complete le specifi sp ; 8 complete specification referred to in clause (a) of (1) of section 13; and (b) that such other complete specification was published on or after the priority date of the applicant's claim; then, unless it is shown io the satisfaction of the controller that 'he piovity date of the applicant's claim is not later than the prioxity ne claim of that specification, the provisions of sub-section 2 tt g as they apply to a speciz) 3 apply thereta in the same manner as ; 4 vention pableh a on or after the date of filing of the applicant's fication publi complete specif sub- c any order of controller under sub-section (2) or su on vnecti o ne inwee i e fe ce to another complete section (3) directing the insertion of a referen: , mpiete specification shail be of no effect unless and until the other pat granted powers of controller in case of potential infringement, 19, (1) il, in consequence of the investigations required by ne foregoing provisions of this act or of proceedings under se in appears to the controller that an invention in teepe 03 ye oat application for a patent has been made cannot be per: orme wie substantial risk of infringement of a claim of any other patent, pe may direct that a reference to that other patent shall be ins in the applicant's comy uniess within such ti fe} the that there ave reasonab: the said ol, patent: or (b) the complete speciiieation is erended in the satisfaction of the controller; (2) where, after a reference to another patent has been inserted in a complete specification in pursuance of s direc: hen under sub: 7° section (]— 10 {a) that other patent is revoked or otherwise ceases to be in force; or: (®) the specification of that other patent is aniended by the deletion of the relevant claim; or {c} it is found, in proceedings before the court or the controller, that the relevant claim of that other patent is invalid or 18 not infringed by any working of tho applicant's invention, the controller may, on the application of the applicant, delete the reference to that other patent powers 20 25 25 of controller to make orders regard ing substi tution of applicants, ete, 30 20 (7) if the controller is satistied, on a claim made in the presbefore a patent has been granted, that by agreement in writing made by the applicant or one of the applicants for the patent or by operation of law, the claimant would, if the patent were then granted, be entitled thereto or to the interest of the applicant therein, or to an undivided share of the patent or of that interest, the controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, aceordingly as the case may require, 30 (2) mo such direction as aforesaid shail any assignment or agreement made by one applicants for a patent except with the co: applicant or applicants, 35 (3) no such direetion as aforesaid shall be given by virtue of any assignment or agreement for the assi an invention unless— 38 (a) the invention is indentified therein b y reference to the number of the application for the patent; or {b} there is produced to the controller an acknowledgment hy the person by whom the assignment or agreement was made that the assignment or agreement relates to the ention im vespect of which that application is made, or (2) the rights of the claimant in respect of the invention 5 have been finally established by the decision of a court; or (d) the controller gives directions for enabling the appllcation to proceed or for veyulating the manner in which it should be proceeded with under sub-section (5) {4) where one of two or more joint applicants for a patent dies ro at any time before the patent has been aranted, the controller may, wpon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone 15 (5) if any dispute arises between juint applicants for a patent whether or in what manner the application should be proceeded with, the controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such direciions 20 as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require time for putting application in order tor acceptance, 21 (1) an application for a patent shall be deemed to have been 25 abandoned unless within fifteen months from the date on which the first statemeni of objections to the application or complete specification is forwarded by the controller to the applicant or within such longer period as may be allowed under the following provisions of this section the applicant has complied with all the 30 requirements imposed on him by or under this act, whether in connection with the ermplete specification or otherwise in relation to ihe application explanation—where the upplication or any specification or, in the case of a convention application, any document filed as part of the application has been revurned to the applicant by ine controller aft in the course of the proceedings, the applicant shall not be deemed to have complied with such requirements unless and until he has re-filed it, @) the psvios a shall, on reque: m jon u2) the prescribed manner fore the ad, be extended for a ar period so ion of ihe period so sp iested chereaite ° extended period}, so, however, that the total period for with the requirem of the controller does 1 inouths from the daie or f ich the objection: section {7} are forwarded to the applicant = ecilie : (8) tt at the expiration cf the period of fifleen months sx yo in sub-section (2) or the extended period— ; {a} an appeal to the high court is pending in respect of the application for the patent for the main invention, or : (d) in the case of an application for a patent of addition, at appeal to the high court is pending in respect of either that 1s application or the application for the main invention, the time within which the requirements of the controller shall be complied with shall, on an application made by the applicant before the expiration of the said peviod of fifteen months or the extended period, as the case may be, be extended until such date as the 20 high court may determine 4 if the time within which the apycal mentioned in subsection (3) mav be instittitted has not exvired, the controller may extend the period of fifteen months, or as the case may be, the extended -veriod, until the expiration of such further veriod as he may 25 determine: _pro vided that if an appcal has been filed during the said further period and the high court has granted any extension of time for complying with the requirements of the controller, then, the requirements may be complied with within the time granted by the 30 court 22 subject to the provisions of section 21, the complete speci- 4, fication filed in pursuance of an application for a patent may be oneane accepted by the controller at any time after the applicant has com- com plied with the tequirements mentioned in sub-section (1) of that plete 35 section, and, if not so accepted within the period allowed under specithat section for cempliance with thase requirements, shall be ea accepted as soon as may be thereafter: hea provided that the applicant may make an application to the controller in the prescribed manner requesting him to postpone accep- 4o tance until such date (not being later thah eighteen months from the date on which the objections referred to in sub-section (j) of section 21 are forwarded to the applicant} as may be specified es emer - 2 give uutice thereof to the applicant and shall ai official ifi @ the complete specifi zation inspection, 24 gn and from the date of advertisement of the acceptance of effect a complete specification and unili the date of sealing of a patent in 10 respect thereot, the applicant shail have the lke privileges and rights as if a patent for the invention lad been sealed on the date of udvertiserment of acceptance of the eomplete specification: of aceeptance of eomplete apecification, provided that the applicant shall not be entitled te institute any proceedings for infringement until the patent has been sealed 15 chapter v opposition to grant of patent28, (1) at any time within four months from the date of advertisegnent of the acceptance of a complete specification under this act oppoattion to grant of patient, {or within such further period not exceeding one month in the 2° aggregate as the controller may allow on application made to him in the prescribed manner before the expiry of the four months aforesaid) any person interested may give notice to the controller of opposition to the grant of the patent on any of the following grounds, namely: - 25 (a) that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention cr any part thereof from him cr from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the 30 complete specification has heen published before the priority date of the claim— i) in any specification filed in pursuance of an application for a patent made in india on or after the ist day of january, 1912; or 35 gi) in india or elsewhere, in any other document: frovided that the ground specified in sub-clause (i) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub- 40 section (8) of section 29; (ec) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete ® pricrity date of the appliapplication for a patent 1 her than 5 of the complata spe the priority date that claim 'or the pure: of this clause, an invention ; t s for which a patent is claimed shall be deern- 10 ed to have been known or used in india before the priority date of the claim if a product made by that process had already been imported into india before that date except where such importafon has been for the purpose of reasonable trial or experiment ys 1s (e) that the invention so far as claimed in any claim of the compiete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in cleuse (6) or having regard to what was used in india before the priority date of the applicant's claim; 20 ; ie) that the subject of any ciaim of the complete specification is not an invention within the meaning of this act, or is not patentable under this act; : , © at the complete specification does not sufficiently and clearly describe the invention ot the method b it i, as be pevormad, y which it is to oy that the applicant has failed to disclose to the controller the information required by section 8 or has furnished the inormation which in any materia particular was false to his fe hh ticul: is fals oh 30 : @) that in the case of a convention application, the applica- tion was ot made within twelve months from the date of the first application for protection for the invention made in a cons vention country by the applicant or a person from whom ie y ps fi hi h 35 but on no other ground 2 where any such notice of opposition is duly given, the coniro er shall notify the applicant and shall give to the applicant and © opponment an opportunity to be heard before deciding the case (3) the grant of a patent shall n ; r 8 ot be refused on th 40 stated in clause (c) of sub-section (d if no patent has been een in pursuance of the application mentioned in that clause; and for the purpose of any inquiry under clause (dj or clause (e} of that sub-section, nu account shall be taken of any socret use position proceeding under this 'ack— 26 (1) where in any of in cases (a) the controller finds that the invention, so far as claimed in any claim of the complete specification, was obtained frora the opponent in the manner set out ja clause {a} of sub-section | of | 'ob ||----------|---------|| taining" | || control- | || jer | may || treat | || applica- | |(1) of section 25 and refuses the application on thet ground, he may, on reguest by such opponent raade in the prescribed manner, direct that the application shall proceed in the mame rf the opponent as if the application and the specification had filed by the opponent on the date on which they were actually tion as application of opponent, filed (b) the controller finds that a part cf an invention deseribed in the complete specification was so obtained from the opponent and passes an order requiring thal the specification be amended by the exclusion of that part of the invention, the opponent may, subject to the provisions of sub-section (2), file an application 25 in accordance with the provisions of this act aceompanied by a complete specification for the grant of a patent for the invention so exeluded from the applicant's specification, and the controlier may treat such application and specification as having been filed, for the purposes of this act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the earlier applicant, but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this act (2) where an opponent has, before the date of the order of the controller requiring the amendment of a complete specification 30 referred to in clause (6) of sub-section (1), filed an application for a patent for an invention which includes the whole or a part of the invention held to have been obtained from him and such application is pending, the controler may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this act, relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the earlier applicant, but for all other purposes the application of the opponent shall be proceeded with 40 as an application for a patent under this act 27, if at any time after the acceptance of the complete specifica tion filed in pursuance of an application for a patent and before the refusal of patent without opposigrant of a patent thereon it comes to the notice of the controller otherwise than in consequence of proceedings in opposition fo the tion 45 we at ation, so far as claimed in aity fant vader section 25, ii os nm, has £ been published before the im ¢ complete sp: date of the clai {a} in any sp filed in pursuance of an application 3 for a patent made in india and dated on or after the ist day of january, 1912; {0} in any other docuraent in india or elsewhere, the controller may refuse to grant the patent unless, within such lime as may be peescribed, the complete specification is amended to s satisfaction: provided that the controller shall not refuse to grant the patent on the ground specified in clause {h) if such publication does not constitute an anticipation of the invention by viriue of sub-section section (3) of section 28, b 1s 28, (1) if the controller is satisfied, upon a request or claim made : con , up mi in accordance with the provisions of this section,— mention of inven vor as such in patent (@) that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which apyilication for a patent has been made, or of a substantial part 20 of that invention; and (6) that the application for the patent is a direct consequence of his 'being the inventor, the controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance 2: of the application in the complete specification and in the register a of patents: provided that the montion of any person as inventor under this section shall not confer or derogate from any sights under the patent, 30 (2) a request that any person shall be mentioned as aforesaid may be made in the prescribed manner ly the applicant for the patent or (where the person alleged to he the inventor is not the applicant or one of the applicants) by the applicant and that person (3) if any person [other than a person in respect of whom a re- 35 quest in relation to the application in question has been made under sub-section (2)]} desires to be mentioned as aforesaid, he may make a claim in the prescribed manner in that behalf (4) a request or claim under the foregoing provisions of this section shall be made not later than two months after the date of qo advertisement of acceptance of the complete specification or within such further period (mot exceeding one month) as the coniroller may, on an application made to him in that behalf before the expiraiion uf the said period of two months and subject to the payiment of the prescribed fec, allow (5) no request or claim under the foregoing provisions of this 5 section shall be entertained if it appears to the controiler that the request or claim is based upon facts which, if proved in the case of an opposition under the provisions of clause (@) of sub-section (1) of section 25 by the person in respect of or by whom the request or elaim is made, would have eniitled him: to relief under that section 1¢ (6) subject to the provisions of sub-section (5), where a claim is made under sub-section (3), the controller shall give notice of the elaim to every applicant for the patent (noi being the claimant) and to any other person whom the controller may consider to be interested; and before deciding upon any request or claim made under sub- 15 section (2) or sub-section (3), the controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, in the case of a claim under sub-section {3}, any person to whom notice of the claim has been given as aforesaid (7) where any person has been mentioned as inventor in pursu- 20 ance of this section, any other person who alleges that he ought not to have been so mentioned may at any time apply to the controller for a certificate to that effect, and the controller may, after hearing, if required, any person whom he may consider to be interested, issue such a certificate and if he does so, he shall rectify the specification 25 and the register accordingly chapter ¥i anticipation29 (1) an invention claimed in a complete specification shall not anticipation by previous publica hon be deemed to have been anticipated by reason only that the inven- 5 tion was published in a specification filed in pursuance of an application for a patent made in india and dated before the ist day of january, 1912, (2) subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated 35 by reason only that the invention was published before the priority date of the relevant claim of applicant for the patent prov fa} that the matte here he is not f from whom he deri § per his consent ot the consent of any such per 10 hat the applicas the case tion or the application in the convention country, may be, was made ag soon 2s reasonably practicable thereafter: provided that this sub-section shall not apply if the invention 1g was before the priority date of the claim commercially worked in tadia, otherwise than for the purpose ai reasonable trisi, either by the patentee or the applicant for ine patent or any person trom whom he derives title or by any other person with the consent of the paten- tee or the applicant for the patent or any person from whem he 20 derives title 25 30 (3) where a complete specification is fled in pursuance of an application for a patent made by a person being the truco anid first inventor or deriving title from him, an invention claimed in that specification shall not be deemed to have been anticipated by reason only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by season only that after the date of filing of that other application the invention was used or published, without the consent of that person, by the applicant in respect of that other application, or by any other person in consequence of any disclosure of any inven by that applicant an invention claimed in a complete specification shall not anticipa_ med to have been anticipated by reason only of the communi son by on of the invention tc the government or to any person aulnc ones ae government to investigate the invention or its merits, © cation to ad by 'ing done, in consequence of such a communication, for the govern ~ of an} purpose of the investigation ment 31 an invention claimed in a complete specification shall not be to a a 4 - ion by deemed to have been anticipated by reason only of - public 40 (a) the display of the invention with the consent of the true display and first inventor or a person deriving title frorn him at an &¢ 1883 (b)ls—5 "ason only that any mate or or in the speciti ping ia og buiblishe: industrial or other exhibition to which the provisions of thid section have heen extended by the central governme ; notification in the official 6 ation wes ean : esti a8 @ provisions consent for the purpose of such an exhibition in ¢ time aéter the date of the a ing of th, "a ae endtia or elsewne it is held; or 5 rg mat speciflcotion, invention in {b) the publication of any description of the sve specification ig a 12) where convention consequence of the display or use of the invertion at any such fled in pursuance of a application, then, not tm this act, the contra u exhibition as aforesaid; or 7" (c) the use of the invention, after it has been displayed any matter disclosed in any application for protection ne only tbat or used at any such exhibition as afor and during the io 70 tion country upon which the conv on application a in & wee period of the exhibition, by any person withcut the consent ot used in india op published in india or elsewhere at cman led was the true and first inventor or a person deriving title from him; the date of that application for protection a y hime after or 34 notwithstandin rthi 4 s g anything contained in this act the ; (d) the description of the invention in a paper read by the ler shall not refuse to fecepl a complete specification "an control ipsa true and first inventor before a learned society or published 1 rg or to grant a patent, and a patent shall not he revoked or me aa elven with his consent in the transactions of such a society; | by eesoa only of any circumstances which by virtue of scetig ote stances + ~ or section 36 or secti or seats 6 7 ny ' section ar 1 if the application for the patent is made by the true and first invention of the nen 31 or section 32 do not constitute an anticipa- aden tor or a person deriving tile from him not later than six months vention claimed in the specification, cribed in after the opening of the exhibition or the reading or publication of - bestons the paper, as the case may be 20 ama 31 | ote ate anticipa- 32 an invention claimed in a complete specification shall not be : chapter vit | i t it y time tionby deemed to have beon anticipated by reason only that at any | 20 prove cenee o public within one year before the priority date of the relevant claim of the ° ovisions for secrecy of certain inventions working i i he inventi blicly worked in india— 35 te im wes : specification, the invention was publicly the one in respect of an application made before ov after g, (a) by the patentee or applicant for the patent or any 25 trollen th sepment of this act for » patent, it appears to the con geen person from whom he derives title; or central gown e fevention 18 one of a class notified to him by the relating ° fs ttoment as relevant for defer ' i (b) by any other person with the consent of the patentee | 25 otherwise the invention appears to hin tae bo a of where tenet or applicant for the patent or any person from whom he : give directions for prohibiting or vestrictin e i relevant, he may vant ton derives title; information with tespect to the invention on the tome wication o defence ; a 8 informati munication of purposes if the working was effected for the purpose of reasonable trial only 30 see eration to any person or class of persons specified in 'the and if it was reasonably necessary, having regard to the nature of ions : the invention, that the working for that purpose should be effected | 30 (2) where the controller ives any such directions as ane vet in public : ted to in, sub-section (1), he shall give notice of the application or viet aa gt + : jperets io anticipa- 33 (1) where a complete specification is filed or proceeded with of the directions to the central government, and the centra] gn hionby in pursuance of an application which was accompanied by a provi- 35 ernment shall, upon receipt of such notice, consider whether "the useand - sional specification or where a complete specification filed along with publication of the invention would be prejudicial to the defence pale an application is treated by virtue of a direction wader sub-section 35 india, and if upon such consideration, it appears to it that the b provi- (3) of section 9 as a provisional specification, then, notwithstanding lication of the invention would not so prejudice, give notic t pub sional anything contained in this act, the controller shall not reuse to ° i controller to that effect, who shall thereupon revoke the direct: © specifica srani the patent, and the patent shall not be revoked or invalidated, 4 and notify the applicant accordingly stions tion to the provi unernt is of op as under may at any the fig the controller ¢ a shall asa notified by the central roller shall give notice to the ed by him respect of which 10 an invention secrecy thon sé on 38 continues te be relevant direcdirections have bsen given under msidered by the central governof such directions tons to be seg shall be re-co for defence purposes sha t arin thin nine months from the date of issu h viewed int jing twelve months, and if, on viewed, and thereafter at intervals not exceeding twe en such re-consideration it appears to the central government a the 5 publication of the invention would no longer be prejudicial to e defence of india it shall forthwith give notice to the controller accordingly and the controller shall thereupon ravoke the directions previously given by him (2) the result of every re-consideration under sub-section 2 20 shall be communicated to the applicant within such time and in suc' manner as may be preseribed conse 37, (1) so long as any directions under section 35 are in force or secrecy in respect of an aoplication— dies: (a) the controller shall not pass an order refusing to accept 25 hous, the same; and (>) notwithstanding anything contained in this ae nm appeal shall lie from any order of the controller passe i respect thereof: the directions, 3° i icati subject to provided that the application may, su fons proceed un to tho stage of the acceptance of the complete specifica tion, hut the accetance shall not be advertised nor the specification published, and no patent shall be granted in pursuance of the application (2) where a complete specification filed in pursuance om ane cation for a patent for an invention in resnect of whic: rections have been given under section 35 is accepted during the contin in force of the directions, then—~ ; (a) if, during the continuance in force of the directions any 4 use of the invention is made by or on behalf of, or to the ore of the government, the provisions of sections 100, 101 an 3 had been government that the appli ; @ hardship by reason of the b force of the direr cons, the ¢ ! government may ach payment {if any) by way of solativra 88 appears to the contral government to be reasy having regard to the novelty and utility of the invention and the purto pose for which it is designed and ta any other relevant cireumstances, (3) where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fea shall be payable in respect of any period during which those directions were in force, ig 38 when any direction given under section 35 is revoked by the revoca controller, then, notwithstanding any provision of this act specify ton of ing the time within which auy step should be taken or any act done secrecy in connection with an application for the patent, the controller may, i subject to such conditions, if any, as he thinks fit to i id exten sion 0 ; , 7" 5 5 ht to impose, extend extension the time for doing anything required or authorised to be done by or of time, under this act in connection with the application, whether or nat that time has previously expired ; 39 (1) no person resident in india shall, except under the autho- residents as rity of a written permit granted by or on behalf of the controller, not to make or cause to be made any application outside india for the grant 2pply for of a patent for an invention unless—- patents side : indi (a) an application for a patent for the same invention has ithe < without been made in india, not less than six weeks before the applica prior pertion outside india; and mission, 30 (6) either no divections have been given under sub-section (2) of section 35 in relation to the application in india, or all such dircetions have been revoked, (2) the controller stall not grant written permission to any person to make any application cutside india without the prior con- 35 sent of the central government " @) this section shall not apply in relation to an invention 'for which an application for protection has first been filed in 9 country outside india by a person resident outside india ' 328 i che a ti i vovigions contained in chapter 2s, liability 49, without, prejudice to the provisions contall 1 ne venes ave se iy reapect of an application for a patent ony person © wvenes tion of it ject ' aiven, by the controller wader section 5! tion of any direction as 10 secrecy given 9 oo eto th we ote erent section 35 oy makes or causes to be made an app) fon for on ae orsection outside india in contravention of section 39, the v leathe aa the der this act shall be deemed to have beer al ame om ' nen te patent granted, if any shail be liable to pe revoked under sece patent : : iwi eect as to sec: y as finality ia all orders of the controller giving aivections 6 » sen oforde® well as all orders of the central government 1 nce this ey 2 ot aer shall be fal and shall not be called in question in any ' roller ond ground whatsoever central govetn- _ r e disclosure by 42 nothing in this act shall be heid to prevent he ont savings ret controller of inforrnation concerning av ae nae ee sainte me specification filed in pursuance the of ° the ifeation ce as ' he ication tion closue ment for the purpose of the apph oo eter this chanter s oer examined for cousidering vwhetbe® an of whould be ken ae mother an order so ™m: ~~ should be made or w : chapter viigrant and sealing of patents and rights conferred therep by ran ion i oplica- 20 43, (1) where @ complete specification 19 pursuance of an appli ona i for a patent has been accepted and either— "ean 98 sea mn ication has not been opposed under section e a " see mt oe pene { the opposition has expired; or "— i a mg 0! » and the time for the filing ae ton was n opposed an of the applicant; or 25 plication has bee: ded in favour (b) the ap been finally deci 4 been refused by the controller | {c) the applica' nm him by this act: tion has no wer vested i py virtue of any po in the prescribed il, on request made b the applicant or, in the case of @ joint application, troller shall cause the patent to 30 the patent sha yy the applicant form, be granted to jy, and the co' he date on which cal ent office and t d in the register to the applicants join be sealed with the seal of the pat the patent is sealed shall be entere -section (1) and of the sub provi- (2) subject to the provisions of tent of additic n, a tequest under e i ith respect to pa nf re the sealing of 4 patent shall be made not later than 35 this' sec re { advertisethe expiration of a period of six months from oe of at tment af the acceptance of the complete specifical : provided that— e at the expixation of the said six mo lation to £ application for the patent & iler or the high court, the request may be the prescribe iod after the final deterroination (by where the applicant or one of the applicants has died betore the expiration of the time in which under the provisions of this sub-section the request could otherwise be made, 10 the said request may be made at any time within twelve months aiter the date of the death or at such 1 i : f rs at such later time as th roll may allow e controller (3) the period within which under sub-section (2) a request f the sealing of a patent may be made may, from time to time be 15 tended by the controller to such longer period as may be st ecified in an application made to him in that behalf, if the anplicatio is made and the preseribed fee paid within that longer period: 7 provided that the first mentioned period shall not be extended under this sub-section by more than three months in the aggregate 20 explanation—foy the purposes of this section a proceeding shall be deemed to be pending so long as the time for any appeal therei (apart from any future extension of that time) has not expired md a proceeding shall be deemed to be finally determined when th, 'e for any appeal thercin (apart from any such extension) has on ined 5 without the appeal being brought ee i 44 where, at any lime aftera a a patent has hb i é of an application under this act, the controlter ie satnded then fee poner' " ly at the person to whom the patent was granted had died, or, in the case of patent, a ody corporate, had ceased to exist, before the patent was sealed, stanted 30 the controller may amend the patent by substituting for thi : 2 10 deceasof that person the name of the person to whom the patent a' ht te owe ; : ou; 0 n have been granted, and the patent shall have effect, and shall be ont eemed always to have had effect, accordingly , 45, (1) subject to the other isi @ provisions contained in this act, 35 every patent shall be dated as of the date on which the co: vete patent specification was filed mplete, pater! (2) the date of every patent shall be entered in the register (3) notwithstanding anything contained in t section, no suib ox other procecding shall pe commenced or prosecuted in respect of an intringement committed before the date of advertisement of the ao acceptance of lhe complete spec: 46 (1) every patent shall be in the prescribed form and shail § have effect throughout india @) a patent shail be granted for one invention co ed form, extent and effect of patent provided that it shall not be competent for any person in a suit or other proceeding to take any objection tv a patent on the ground that it has been granted for more than one invention 10 rights of patentees 47, (1) subject to the other provisions contained in this act, @ patent granted, whether before or after the commencement of this act, shall confer upon the patentee— (a) where the patent is for an article or substance, the exclusive right by himself, his agents or licensees to make, use, 15 exercise, sell or distribute such ariicle or substance in india; (®) where a patent is for a process of manufacturing an article or substance, the exclusive right by himself, his agents or licensees to use or exercise the process in india and of using or selling in india articles or substances made by such process 39 and of authorising others so to do (2) the rights conferred on the paten'ee by this section shall be exercisable only subject to the provisions of any other law for the time being in force 48 notwithstanding anything contained in this acty- 25 (a) the inportation by or on benali of the government of any patented machine, apparatus or other article for the purpose merely of its own use, or patent rights not infringed when used for certain purposes (b) the importation by or on behalf of the government of any patented medicine or drug for the purpose merely of its own 30 use or for disiribution in any dispensary, hospital or other medical institution maintained by or on behalf of the government or any other dispensary, hospital or other medical institution which, the central government may, having regard to the public service that such dispensary, hospital or medical institu- 35 tion renders, specify in this behalf by notification in the official gazette, or (c) the making of a patented machine, apparatus or other article or the use of s patented process or the making of an article by the use of the patented process by or on behalf of the gov- 40 ernment for the purpose merely of its own use or by persons on its behalf who may be specially authorised tor the purpose, ot i 48 (1) where a vessel or ait 4° ov a land vehicle owned by a p country comes into india {inclu inged wien temporarily or aecidentally on used on for an invention shalf not be deemed to be infringed by f foreign the invention— vessels, 1 | ; ate, 3 (a) in the body of the vessel or in the machinery, 'ike, tempo ar as the invention rarily or apparatus or other accessories thereof, so ral needs only; or is used on board the vessel and for ; ° aliy in (b) in the construction or working of the aircraft or land indio, vehicle or of the accessories therecf; 20 as the case may be is, (2) this section shall not extend to vesse aireraft or land vehicles owned by persons ordinarily resident a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned 25 by persons ordinarily resident in india while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts 30, (1) where a patent is granted to two or more persons, cach nights of those persons shall, unless an agreement tv the contrary is in of co- 3° force, be entitled to an equal undivided share in the patent owners (2) subject to the provisions contained in this section and in of patents section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall he entitled, by himself or his 35 agents, to make, use, exercise and sell the patented invention for his own benefit without accounting to the other person or persons (3) subject to the provisions contsined in this section and in sec- tion 51 and to any agreement for the time being in force, where two o or more persons are registered as grantee or proprictor cf a patent, then, a licence under the patent shall not be granted ard a share in the patent shall not be assigned by onc of such persons excent with the consent of the other person or persons : 1833(b)ls—6, = 4 articte is sold by one of two or more perieior of a patent, the purchaser atl be entitled io deal with a had been sold by a jeat to the provisicns contained in this section, the rules ppiicable to the ownership and devolution of movable pro- th apoly in relation to patents; and nothing cona ction (1) or sub-section (2) shall affect the mutual or obligations of trustees or of the legal representatives of a 10 or their rights or obligations as such per ; ta this section shalt affect the rights of the assignees 2 interest in a patent created before the sommencement power of re two or more persons are segistered as grantee of 15 patent, the controller may, upon application made ascribed manner by any of those persons, give such accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 50 in relation 20 thereto, as he thinks fit (2) uf any person registered as grantee of proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of 25 the other persons so registered, the controller may, wpon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to-do-that thing in the name and on behalf of the person in default 3) before giving any directions in pursuance of an application 30 section, the controller shall give an opportunity to be under this heard— (a) in the case of an application under sub-section {1}, to the other person or persons registered as grantee or proprietor of the patent; 35 {b) in the case of an application under sub-section {2), to the person in default (4) no direction shall be given under this section so as to affect the mutual rights of obligations of trustees or of the legal representat¢ives of a deceased person or of their rights or obligations as such, 4o or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent the petitioner or where in @ peti ' egf revo 3 patent, directs the comple specifi eee ects t sbecification te ¢ eusion of a claim or claixas in consequen > if ti oe hee hae zo) ente of petite ered by such claim or claims had beer permit ak the court may, by order passed i th bermnit ihe arent to the petitioner af the wha! : ion which the co fi been wrang the court finds & the patentee finds has been wrong in lew @ pat amend a of the patent se revoked or is (2) where any such order is quest by the petitioner oot os made in the prescribed manner grant j bim- 5 me date and nu a) in vhere ¢ - ot the to cases where the ecurt permits the whole of tt granted, a new patent bearing the sa "date and wianbe as the patent revoked; pues (ii) in cases wher: here ¢ ermi patent to be granted, a none sont os aes 20 date as the patent revoke: rt ts apart only of the patent for such part bear ® tine 'dang numbered in such as may he prescribed: provided t ci require the vette tofiean sy ad comnlen ee auch an the weti p a new and comple evification to pat as raction of the controller describing wad eee 28 ¢ invention for which the patent is te mee ate 'hal ¥ is te be granted (3) no suit shalt b i e brought for any infri g granted under this section committed before the tect so on whieh =] gare of such petent was granted which 33 (1) subj ject to the provisipre 35 30 patent granted under this act shall of this act, the texin of wey ' - " perm of patent a) i , cose @ ceapeet of an invention claiming the methad o: cture of a substan j ir "abet whe ce, (including i st z ced by such method or proeess) vihere the suhctonee or use, or is capable of bei "food on as 2 nari ; le of being used, as foc ae 'ine or drug, be ten years from the date of the pica oa patent; and (b) in respect-of any other invention, be fourteen y from f other br ~ fourteen years from (2) notwi 5 i ana design ae ane anything contained in the indian patent; oat , , in the patent grante, rth " 40 of every patent granted under that act in sopeet or aa ie sion 2 an invention claiming a substance or the methad or process of manufacture in i bste t had o: is f s respect thereaf, l th v % the es c medicine or drug shall be able of being armencement of this act, or (a) ten @ sealed under whichever is less: provided that where at the commencement of this act any such patent is im force by reason of an extension granted under the act aforesaid, the patent shall cease to have effect om the expiration of the period of such exiension (3) a patent shall cease to have effect notwithstanding anything therein or in this act on the expiration of the peviod prescribed: for the payment of any renewal fee, if that fee is not paid within the preseribed pericd or within that period as extended under this section (4) the veriod prescribed for the payment of any renewal fee shall 15 be extended to such period, nct heing more than six months longer than the prescribed period, as may be specified in a request made to the controller if the request is made and the renewal fee and the prescribed additional fee paid before the expiration of the period so specified chapter ix patents of additionpatents of 54, (1) subject to the provisions contained in this section, where addition an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete 25 specification filed therefor (in this act referred to as the "main invention") and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the controlier may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition (2) subject to the provisicns eontained in this section, where an invention, being au improvement in or modification of another invention is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention the controller may, if the patentee so requests, 35 by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked (3) a patent shall not be granted as a patent of addition uniess the date of filing of the complete specification was the same as or 49 later than the date of filing of the complete specification in respect of the main invention (4) a patent of addition shall not be sealed before the sealing of the patent for the main invention; and if the period within which, uw or the s within meniioned p 55 (1) a pa 2 that of the patent fer the main inve ton, of has not expired, and shall rema a dit 10 m equal terr of thereof ag patents that teem or of er of the patent for it ; additi of the patent for ihe main invention and ?@ition zo until the previous ¢ no longer: invention is revoked @ may be, the controller, on ent provided that if the pat : th under this act, the court, on oe request made to him by the > fen! ; in the prescribed manner, may ail oecome an independent patent ve patent for the main invention inue in force as an independent 20 15 order that the patent al additi for the remainder of the term for and thereupon the patent shall cont patent accordingly @) no renewal tees shall be nay i 20 addition, but, if any stick valent reams vn tnd rade tae nt under sub-section (1}, the same fees shall thereafter, ne pepable upon the same dates, as it batent had been originally granted as o08, the pat hi ml of: granted 56 (1) the gr & ition re srant of a patent of addition shall not be efused, and , 25 4 patent 5 invalidates a os a patent of addition shall not be revoked or patents const scant only that the invention claimed in the addition toes not involve i i i regard to any publication or use of— any faventive step having 30 i (©) the main invention describ 30 tion telating thew ed in the complete specificab) any i fi (6) any improvement in or modification of the main inven tion described in the complete s ecification of a patent of addi- , ; i complete specification of a p: i hon to the patent for the main invention or of an application for ; questioned on to have been the subject of an 35 8nd the validity of a iti ¥ a patent of addition sh: 2 the ground that the invention ought wave been independent patent 2) fs removal of i ning el we ee ee doubts it is hereby declared that in deter : ove le itvention claimed i - : | feat claimed in the compl - crore 40 m filed in pursuance of an application for a patent mt dante addition regard shall be had also sn to th e i pan main invention is described © complete specification in which the the application $ v7 be amended subject io thinks fib: amexdagen'? amendgj (iy su act to the p mentof = upon application made ue ae by an applicant for a patent or specificafor the patent or the complete £p der allowing of tion before such conditions, if any, as the controle: an apt controller provided that the controtier shall mot pass any or refusing a application to amend tention for a patent or specification under tints secti aynile any sult before a court for the 10 jnfringement of the paient of any proceeding before the high court for the revocatit on of the patent is pend ing, whether yhe suit or proceeding commenced pefore or after the filing of the application to amend (2) every application for leave to amend an application for a 15 patent or 4 specification ander this section shall state the nature of the proposed amendment, and shall give full particulars of the reagong for which the application is made mend at application for a (3) every application for leave to ab patent or 4 specification under this section made after the acceptance 29 of the complete specification and the nature of the proposed amendment shall be advertised in the prescribed ynanner (4) where an application js advertised under sub-section q@), any person interested mey, within the prescribed period after the advertisement thereof, give notice to the controller of opposition 25 thereto; and where such a notice is given within the period aforesaid, the controller shall notify the person by whore the application under this section is made and shall give to that person and to the oppo nent an opportuni ty to be heard before he decides the case (5) an amendment un der this section of a complete specification 3° may be, or include, an amendment of the priority date of a claim (6) the provisions of this section shall he without prejudice to the right of an applicant for @ patent to graend bis specification to comply with the directions of the controller issued before the acceptance of the complete specification of in the course of proceedings in 35 opposition to the grant of 4 patent 'amend- 58 (1) in any proceeding before the high court for the revocation qnent of of a patent, the high court may, subject to the provisions containee specificain section 59, allow the patenice to amend his complete specification advertisement 40 tion before in such manner and subject to such terms as ta costs, court or otherwise, as the high court may think fit, and if in any proceedings for revoestion the high court decides that the patent is invalid, jt may allow the specification to be amended under this section instead of revoking the patent v the patentes ¥ the high court lo 1 enizy thereof 39 u2) as oo a! 2 ro aad nent of an ap; : specification shell j an applical! a se cation shall be ma onsen lication for patent or a complet suppl ¢ explanation, and wo am xcept by way ot disclaimer, meee pansies for the purpoze no amendment therecf she er, correction mentery of burpore of correct bai f shell be allowed, exe provisions a complete specifics tic obvious mistake, and 1 except 35 to would he tt "pecines non shall allo: 3 no amendment 15 @ that the cpecificatior lowed the effect of whi amendmatter not in substance di a as amended would claim o tle ich ment of ona p ees r describe application ce disclosed im ¢ ame a oe closed ij lant mdment, or that any claim nm the specification before the specifica "a = ane spec: ication as amended he stope of a claim of the specifi = ca would not fall wholly wit ion before fhe amendment " (2) wher det e after t wi he date of advertisement of accept: anee of a complete specificati tion, ic} , any arnend y the controller or by the igh come, the specification is allowed tourt,—— (a) the amend: ment shall for part of the specification: all for all purposes be deemed to form (b) e fact thai specification has been ei 6) the fact that the specificati b amended shall be (c) the right of the applicant or patentee to endig ft e applic or pat: e to make amend ment shall not } e : fraud be called in question except on the ground of 43) 1 (e n cnstrul £ censtruing the specification as ar ie ication as amen 3° my, nade to the specificali specification as originally accepted reference may be chapter xi bs restoration of lapsed patents60 (2) where a at failure to pay any & patent es ct d te have effect by re gs that period as extended ee within the prescribed period ason of applicapatentee or his j nded under sub-section (4) of 'od or within tions tor byt is legal representative ° of section 53, the restoration y two or mor ve, and where tt ° tee pe sna 2 perso jointly, then, with the l he patent was held oeanees © ot thee woithee sa ary ine ieave of the c stents year from the dat ithout jcining the othe 'ontroller, 40 application ft e on which the patent ceased t ws may, within one 'ot the restoration of the patent 0 have effect, make an ion (2) shall atse apply 16 patents (2) 'the provisions of s 0 the mod: } before the commence @ sub-section 2 te the period s act, dil 5 2of30lt (4) of se! prescribed therefor section 14 0: or to sub-section {8) of an application under verified in the prescribed manner, 1 which led to the failure to pay the ys may require from the applicant such £ think necessary 61 (7) if, alter hearing the applicaat in eases, where the appli- procedure ior cant so desires or the controller ks fit, the controlier is prima isp os facie satisfied that the failure te pay the renewal fee was unintenfor restotional and that there has heen no undue delay in the making of the 15 yationof application, he shall advertise the 9] plicalion in the preseribed manlapsed ner; and within the prescribed pet ad any person interested may patents give notice to the controller of opr ion thereto on either or both of the following grounds, that is to say (a) that the failure to pay the renewal fee was not uninten- 2° tional; or (b) that there has heen vadue delay in the making of the application (2) if notice of opposition is given within the period aforesaid, the controller shall notify the applicant, and shall give to him and 25 to the opponent an opportunity to be jeard before he decides the case, (3) hf no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the controller is in favour of the applicant, the controller shall, upon payment of any unpaid renewal fee ang such additional fee as may be prescribed, 30 restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent (4) the controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be yaade in the register of any document cr matter which, wader the provisions of this act, has to 35 be entered in the register but whieh has not been 50 entered rights of 62 (1) where a patent is restored, the rights of the patentee shall patentees be subject to sueh provisions as may be prescribed and to such other of lapsed provisions as the controller thinks fit to impose for the protection or ech compensation of persens who mav have begun to avail themselves 40 have been of, or have taken definite steps by contract or otherwise to avail restored themselves of, the patented invention between the date when the patent ceased to have effect and the date of the advertisement of the application for restoration of the patent under this chapter ment of a patent commiite: on which the patent 2 aged to have effect a jeation for restoralon omernt of the 5 chapter eel and urvocation oy pats:sntee may, at any lime by giving io the controller, offer to surrende 9 a eribed manner (2) where such an offer is made, the controller shall adv su notify ev pie) offer in the prese! person other han the patentee whose as having am interest in the patent (8) any person interested may, within the prese: ped period alter such advertisoment, give notice to the conivollor of opposit nm te ere 15 eurrender, and where any such notice is given the controtler shall notify the patentee {4 tf the controller jg satisfied afier hearing the patentee and any opponent, if desirous of being heard, that the patent may priperly be surrendered, he may accept the offer and, by order, revolkc 20 the patent 64 (1) subjeet to the provisions contained iu this act, a patent, whether granted before or atter the commeneement of this act, may, on the petition of any person interested or of the central government or on a counter-claim in a suit for infringement of the 2§ patent, be revoked by the high court on any of the following grounds, that is te say-—~ (a) that the invention, so far ag claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification st another 30 patent granted in india; (b) that the patent was granted on the application of a person not ontitled under the provisions of this act to apply therefor: provided that a patent granted under the indian patents and 4 of 1911 35 designs act, [911 shall not be revoked on the ground that the applicant was the communicaiee or the importer of the invendion in todia and therefore not ent d to make an application ior the grant of a patent under this act; (c) that the patent was obtained wrongfully in contraven- 40 tien of the rights of the petitioner or any person under or through whom he claims; 1883(b)ls—-7,ym of une cumplote specifi- act {d) that the cation ig nob an wes af the claim or fe) that th: complete specifies imownh cr used published in india or elsewhere in any of the d to in section to what was documents refer: ated under the todian ation te palents gaa shall have effcet as if 2 of 1911 1, this clas n ommitbeds 10 whe hha bex provided that in vel patents and designs act the words "or é g) that the invention so far as claimed in any claw cf the eomplete specification is obvious or does not involve any inventive step, having re wikat was known or used in india or what was published in india or clsewhere before the priority date of the claim: 15 vig granted under the have 2 of 1811 provided that iu relation to pat indian patents and designs act, 1911, this elause shall effect as if the words "or elsewhere" hag been omitted; (g) that the invention, so far as claimed in any claim of the complete specification, is not usegul; 20 (h) that the complete specification does not sufficiently and fairly describe the invention and the roethod 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 know to the applicant for the patent and for which he was entitied to claim protection; 30 (@) that the scope of any claim of the complete specification js not sufficiently and clearly defined or that apy claim of the complete specification is not fairly based on the matier disclosed in the specification; (j) that the patent was obtained on a false suggestion or 35 representation; (k) that the subject of any claira of the complete specification is not patentable under ahis act; (d that the invention so for as elaimed in any claim of the complete specification wae secretly used in india, otherwise yo than as mentioned in sub-section (2), before the priority dale of the claim; (@) that vo to a ia section 57 a¢ ee vet uses and aa re the palent 3 ar for a product ag ts nee by a process described op 'd, the importation ante : ini of the product made a ; t process shall consti keept where g tule knowle: ie or ue the importation, & the purpose of % © invention on the date of tation has been for ment only 20 (8) for the purpe sé of clause (1) of sub-se shall be taken of : tion (2), no ac any use of the invertion— (, no account (a) for the purpose of ress i yy; purpose of rezsonahle trial or experiment only; > (b) by the gover any person authorised by the ¥ the government or by y per: ised th goveniment or by a government om ae x dertaking, in consequence of the applicant for th or wey @ patent or an ile having communice se disehowed om, om be diene > ha nunicated or disclosed the i i é i ly or indirectly to the government or zerson autherisea s on or to the government undertaking: or mnerises c} by any ether i o y cther person, in consequ i x0 for th y > sequence of the a i connree tent or any person from whom he derives die hee 'ated or disclosed the invention, and without ine consent or acquiescence the applican: ol any person from cf ce of opt ft f £ : r ry a is f (4) wi retudi 45 w paout brejudice to the provisions contained in sub-section yd ent on be revoked by the high court on the petition of patente ies overamnent, it the high court satisfied that th eect ot 8 without reasonable cause failed to comply with ° st of the central governm to make, use or exercise ihe patented invention fo: pi es over nt within e x the purposes of g it with: th i event poses rovernmel ithi 49 meaning ot section a9 upon reasonable forms {5) a notice of any petilion for re section shall be served on all pe "hebesting obs the seu fils served on a ersons appearing frora thy st i 51 € register te : interesis therein f a r to have shares or interes' raters of that paieni or to le 6 thers be prox and it shall net he nee a agtity do serve a nelice on ang other persor en » me o acceptance of evocation where any time at a sed that of patent a government ig satished: i je energy for 4 ox amend ati oy a vatent is or an invention relating to a ty oe a te 36 en a pa +y-gecti section 2 ment of no patent can be granted under sub-section () con 'caller to e x £ ae y direct the conirolie ete of the atomic energy act, 1962, it may direct on vovelte the specifica af the : ion or ta xe a or wit @ application o fon on refuse to proceed further with ae op oy the controiler, after direc patent, e case may be, and ther a nay be, to the patentee 10 tions from giving notice lo the applicant or, as the case may be, to central ad a be! red in the register whose name has been entered in e7 and every other person whose nam nters ha ment i oe hi ving an interest in the patent, and after aiving hem 2 ee coe tunity of se to proces: urther it oe tunity of being heard, may refuse to proceed naenae application or may revoke the patent che controller 1s cmergy (2) in any proceedings under sub-section (i), may allow the applicant for the patent or the patentee ne cont oe ane omnplete specification in such manner as he considers c e ecifica 1 t jcath ing the instead of refusing to proceed with the application or revokin patent ini 2b tent 20 @ vei +t is of opinion thet a pa 2 s 88 where the central governmen' of ¢ ; tion of or the mode in which it is exercised is mischievous 10 ee atentee patent generally projudicial io the public, it may, after givin g ihe bate in public rtuni heard, make a declaration to tha ne oa cate ont : all be deemed to be retoterest official gazette and thereupon the patent shall be deem 5 voked chapter xiit register of patents 'ister 0! register 67 (1) there shall be kept at the patent office a regis ofpatents patents, wherein shall be entered— ent 7 and parti- (a) the names and addresses of grantees of patents; : _ 3 5 + issions be entered (b) notifications of assignments and of trgnsmissio se therein, patents, of licences under patents, and of ame! sions, and revocations of patents; an ; - particulars of such other matters affecting the validity or proprictorship of patents as may be prescribed 38 (2) no notice of any trust, whether express, implied or nani tive, shall be entered in the register, and the controller sha vtiected by any such notice ; ; 1 (3) subject to the superintendence and direction of tre ont yo government, the register shall be kept under the con management of the controller same te im writing and between the parties concerned is reduced embodying all the terms aad conditions gover obligations and the application for registration af 30 is filed in the prescribed manner with the contr: months from the execution thereol or within such further period not exceeding six months in the aggregate as the controller tion made in the prescribed manner allows: provided that the document shail, when registered, have elfect 15 from the date of tts execution, viting in the preseribed ents, as the as the 2° 69 (1) where any person becomes entitled by mission or operation of law to a patent or ta a share ia a patent becomes entitled as a taortgagec, } rt atherwise te any other ec interest in a patent, he shall apply in w 20 manner to the controller for the registration of his liile or, case may be, of notice of his interest in the register, (2) without prejudice 2 to the provisions of sub-section {1), application for the registration of the title of a entitled by assignment to a patent or a sh: 25 ing entitled by virtue of a mortga, any other interest in a pp ner by an my person becoming are in a patent or becom ge, licence or other instrument te atent may be made in the prescribed man the assignor, mortgagor, licensor or other party to that in strument, as the case may be mder this section for the regige@ controller shall, upon proof (3) where an application is made u 3° tration of the title of any person th of title to his satisfaction,— (¢) where that person is entitled a patent, register him in the register prietor of the patent, and enter in the to a patent or a share in as proprietor or ca-proregister particulars of the 35 instrument or event b y which he derives title; or (b) where that person is entitled ta any other interest in the patent, enter in the register notice of hig inlerest, with particulars of the instrument, if any, creating it: s provided that if there ig any dispute he v 4° the assignment, inorigage, lie: any other such trans: tween the parties whether ence, transmission, operation of jaw or action has validly vested in such person a title to the patent or any share or interest therein, the controller may tefuse to take any action under clause (a) ox, as the case may be, aa a getermined om under clause (b), until the rights of the by a eormpetent court eseribed (4) there shail be supplied to the controller in th manner for being fled in the patent office cople of all agreements, licences and other documents affecting the title to any patent or any $ ticance thereunder authenticated in the prescribed manner aed also such other documents as may be prescribed relevant to the subjectmatter: provided that in the case of a licence granted under a patent, the controller shall, if so requested by the patentee or heensee, take '° steps for securing that the terms of the licence are not disclosed to any person exeept under the order of a court (5) except for the pucposes of an application under sub-seetion (2) or of an application to yectify the register, a document im respect of which no entry has been ynade im the register under 15 sub-section (2) shall not be admitted by the controtler or by any court as evidence of the tile of any person to a patent or to a share ov interest therein aniess the controller or the court, for reasons to be recorded in writing, otherwise directs 79, subject to the provisions contained in this act relating to co- 20 ownership of patents and subject also to any rights vested in any entered in the register, the person ot power of registered grantee of other person of which notice persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any 25 proprictor to deal with patent such assignment, licence or dealing: provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property 11 (1) the high court may on the application of any person aggrieved-— ister of any (a) by the absence of omission from the reg! entry; of rectification of register by high court de in the register without sufficient (b) by any eniry ma cause; of on the register; or 35 (c) by any eniry wrongly remaining eniry in the register; (d) by any error or defect in any make such order for the making, variation or deletion, of any entry therein as it may think fit dient to decide in 49 roceeding under this section the ssaty or expel (2) in any p high court may decide any question that may be nece: connection with the rectification of the register (not shall be gi mher io the cs a on tt upon the of stich notice zee 72 (4) subject + 7 ca ject to lhe prov ro s i © provisions contained in thi cules made thereunder, the register shall wn ah iu this act ex bg open to inspection by t tall c : y the puble; anc ti seal of the patent offi ; and certified copies, sealed ° 7 entry : i any person venaiving of any entry in the register shall be giv hem om paymeni, of the prescribed fee shall be prima faci (2) the register —— cvidexee of any matters 14 required or authoris: d by or onder th: act to be entered therein chapter xiv parent opetce patent office and its establishment73 () t smtr 3 ) the controller general of paients, designs and 'trad: signs ade marks appointed ed ib-secti under sub-section (1) of section 4 of the tr: controlier 'ade and and other 43 of i952, 7° merchandise marks act, 1958, shall be the c 3 se e ci t - the purposes of this act ontroller of patents for officers and directions of der this act as it (2) the central g overnment i and thes ; ; may appoint i putea af thane and with such designations as it think ft fox the as fhe conta arene under the superintendonc 1 dire he r, such functions of th a the ce : ; i e cont ay from time to time authorise them to teak we scharg 30 74 (2) for the pi purposes of this act il shall be known as the patent office 7 there shall'be an office whieh al office and 2 of 1911 its hall be the patent office tanches (2) the patent offi go the indien patents amd provided by the central governt under this act s and designs act, 1911, s rovetnment under lace as (3) the head offie e of the pat the central g patent office shall be at 5 tating the vegisteation a may specify, and for the an such ph ation of patents there may be ost hehes of facili ablished, at such 35 other places as the central government may tbink fit, offices he niral gor ly i gt, branch offic > (4) there shall be a seal of the patent office, ate fice shall be iit a a rees of the patent office s tbe i ay officers aad employees they hold their ppointments, fy on ep! by inkeritance of or indirectly, © (py eee im army patent issued vy that oft bequest, any 1 restriction on ayes employees in acquire of of patent office us a ecourt,—~ (@) for ' a matter which is being, or has sa 3 sener ie det he indian patents and ? et or under =_ in the patent office shall not, except 5 : 96 £0 officer or employes in me pp der diection in officers 7 equired or authori: by this 4 eee os by onder of on vue a | overnment or the controle employees writing of the central g sat to furnish information, ete heen, dealt with under this designs act te er a rati f locument reme) 'prepare or assist in the preparation of & ooo ana ' is ac und i ot on permitted by or under this act or quin ery " in the patent office, patents and designs act, a911, to be lodged in p '5 tent office (c) conduct a seareh in the records of the pate 2 i chapter xv powers or controller generally controller in this behalf, the con! 7 ject to any rules made in controller 37 (1) subjec oo 3 act shall have the powers 2 f re hi thi: to have in any proceedings ixefore him ane tho code of civil procedure, fa civi rt while trying a suit e certain of a civil court while trying ing matters, namely:— powers of 1908, in respect of the following eee of any person ae (a) summoning and enforcing the atte: oe and examining him on oath; ery and production of any docu- 2: (b) requiring the discov ment; {c) receiving evidence on affidavils; ses 1) iss ' 0 @) issuing commissions for the examination of witnes: (¢) sb 1 8 or documents; x0 (2) awarding costs; (f) reviewing his own decision on application made within he prescribed manner; the prescrihed time and in t! passed ex parte on application prescribed manner; i i rder setting aside an orde d 23 3 made within the preseribed time and in the _ x costs awarded by 4 upon him under su ( i scribed atter which may be pres ; oa oe eo the controller in exercise of @ ay et a b-section (1) shall be exethe powers conlerr cutable as a decree of a eivil court such application er in other document fled in pursuar application jor a nt or any clerical error in any maiter which is entered in the ter, @) a corvection may be made in 'uanee of this section either 10 pon 9 request in writin and accor g made by any person i panied by the prescribed fee, or without such a request, (3) where the controtler proposes to make any such correction fof i9ll as aforesaid otherwise than in pursuance of a request made under he shall give notice of the proposal to the patentee or 2 of i911 t for the patent, as the case may be, and to any other appears to him to be concerned, and shall give them an ty to be heard before making the correction, opportun (4) where a requesi is made under this section for the correetion 20 of any error in a patent or application for a patent or any document "filed in pursuance of such an application, and it appears to the controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without netice to persons affected thereby, he shall require _ rotice of the nature of the proposed correction to be advertised in 5 of 1908 25 the prescribed manner, 5 (5) within the prescribed time after any stich advertisement as aforesaid any person interested may give notice to the controller of opposition to the request, and, where such notice of opposition is given, the controller shall give notice thereof to the person by whom 3° the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case, 79 subject to any rales made in this behalf in any proceeding evidence under this act before the controller, evidence shall be given by paleanen affidavit in the absence of directions by the controller to the con- powers of 35 trary, but in any case in which the controller thinks it ci ight so to controiier do he may take oral evidence in lieu of, or in addition to, evidence in respect by affidavit, or may allow a ny perty to be cross-examined on the therect contents of his affidavit 35 80 without prejudice to any provision contained in this exercise 4o act requiring the controller to hear any party to the proceedings ae thereunder or to give any such party an opportunity to be heard, the powers by controller shall give to any applicant for a patent, or for amendment controlier of a specification (if within the prescribed time the applicant so 1883 (d)ls—8, yequires) an opportunity to be heard before ¢ the applicant any discretion vested in the centr fact disposal bl, where under the provisions of this act or t made there bt under the controller may extend the time for doing any ect, nothin; xy v s controlin this act shall be deemed to require him to give notice to or hear ter of interested in opposing the ex ion, nor shall any appeal applica any order of the controller granting such extension tions for & s extension chapter xvi of time working of patents, compulsory licences, lm 's of right and ic revocation definitions oz in this chapter, unless the context otherwice requires,— eee (a) "patented article" includes any article made by a patentand ed process; and "patentee" {b) "patentee" includes an exclusive licensee general 83 without prejudice to the other provisions contained in this 15 principles act, in exercising the powers conferred by this chapter, regard shall applicable be had to the following general considerations, namely,— to working 5 of patented (a) that patents are granted to encourage inventions and to inventions secure that the inventions are worked in india on a commercial seale and to the fullest extent that is reasonably practicable 20 without undue delay; and (b) that they are not granted merely to enable patentces to enjoy a monopoly for the importation of the patented article $4 (1) at any time after the expiration of three years from the compulgate of the sealing of a patent, any person interested may make an 25 'hee application to the controller alleging that the reasonable requireicences nents of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price and praying for the grant of a eompulsory licence to work: the patented invention 30 (2) an application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not available 35 to the public at a reasonable price by reason of any admission made by him, whether in such a licence or otherwise or by reason of his having accepted such a licence {3) every application under sub-section (1) shall contain a statement setting out the nature of the applicant's interest together with 4° ms upon which the | not ||--------|| ia || he || public || se || to || grant || a || heenes || pon |xo (5) where the cent td \ j the controller directs the patentee ts ne may as incidental thereto exerci; 2 powers cel out in see as ercio exercise the powers set out in section 85 in determini i n delermining whether or not to make an ef an application filed me 35 account, under section 84, the contr order in pursuance 8 a matter: 'oller shall take into to be taken inte {i) the nature of the inventi i in gon sines the ean t® of he invention, the time which has elapsed jn ranting the patente: as 1 patent and the measures already tal heenees miee or any licensee to make full use of the vention py heenres (4) the abilit i oa { y of the appl i so publle adventeoe ipplicant to work the invention to the (i) the capacity of the appli i were granted: € applicant to undertake the risk in but shall not be required to take ¢ int to the making of ake application o account matters subsequent 86 (1) at i 25 date en sealing time after the expiration of three years from the sppieation to awe ot be ent, the central government may mak pndorsechtoreed we, ee oo for an order that the patent ma be patent words "licences of right" i the with reasonabl i with tenes 50 vented ne turements of the public with respect the vate ne the ane oni ot peer satisfied or that the patented invention nt words public at a reasonable price isrof "licences of right" (2) ¢ controller, if satisfied that the reasonable requirements of 2) the control if nts the public with respect to t ve have not been satis- : bl spect to the patented i i j ; invention i 'ed or that the patented invention ig not available to the public public at 35 » reasonable price, may make an order that the pi et a rea bi rice, y mak n order that t , ve "te 'ake a é the patent be endorsed (3) where a' patent of additi '01 application made patent of addition ig ; ¥ app! v a ; is in force, an i ua der this section for an endorsement either of the original patent sr of the patent of addition sha be treated as an application for the io granted sand where a paient of addition endorsement of beth pat section, ndorsed under th is al in respect of a patent wh the patent of addition shall al gazet le for (4) all endors entered in the re such other mann endorsement tc the notice 87 (1) notwithstanding anything contained in this act,~ (a) every patent in force at the commencement of this act in respect of inventions relating to— (i) substances used or capable af being used as food or as medicine or drug; (ii) the methods or processes for the manufacture or certain patents deemed to be endorsed with the words "licences of right" production of any such substance as is referred to in sub- 1s clause (i); ii) the methods or processes for the manufacture or prodhiction of chemical substances (including alloys, opti- cal glass, semi-conductors and inter-metallie compounds); and 80 {b) every patent granted after the commencement of this act in respect of any such jnvention as is referred to in section 5; shall be deemed to be endorsed with the words "licences of right", in the case of inventions referred to in clause @), from the com- 25 mencement of this act, and, in the case of inventions referred to in clause (b), from the date of sealing of the patent ch is deemed to be endorsed 2) in respect of every patent whii or: et i ler this seclion, the provisions with the words "licences of right" und of section 88 shall apply 88 (1) where a patent has been endorsed with the words "licences 30 of right", any person who is interested in working 'the patented invenfion in india may require the patentee to grant him a licence for the such terms as may be mutually agreed upon, notwithpe holder of a licence under the patent purpose on standing that he is already t effect of endorse~ ment of patent oith the words "licences of right" (2) if the parties are unable to agree on the terms of the hence, 35 éither of them may apply in the prescribed manner to the controller 40 seltle the terms thereof (3) the controller shail, after giving notice to the parties and hearing them and after making such enquiry as he may deem fit, jocide the terms on which the licence shall be granted by the patentee 49 at re decided by licence: applicat je to hire i by any person any such requisition ag can 5 to wo: think at to (®) ia words "li feemed to be endow: beclause {i} or sub is 10 clause ( by, io on 87, whether the patont was granted before ar after the comraencement of this act, the royalty and other remuneration reserved to the patentee under 4 liceace granted to any person after such commencement shali in no case exceed four per cent of the net ex-factory sale price 1s in bulk of the patented article (exclusive of taxes levicd under any law for the time being in force and any commissions payable} determined in such manner as may be prescribed (6) save as otherwise provided in sub-section (5), the provisions of sub-sections (7), (2), (4), (5) and (5) of section 93 (regarding 20 the powers of the controller) and of sections 94 and 95 shall apply to heences granted under this section ag they apply to licences granted' under section $4, 89 (1) where, in respect of a patent, a compulsory heence has been granted or the endorsement "licences of right" has been made 25 or is deemed to have been made, the central government or any person interested may, after ihe expiration of two years frotn the dete of patents by the controller for nonworking of the order granting the first compulsory licence or, as the case may be, the date of the grant of the first licence under section 88, apply to the controller for an order revoking the patent on the 30 ground that the reasonable requirements of the public with respect to the patented invention have net been satisfied or that the patented inveition is not available to the public at a reasonable price, (2) every application under swb-section (1) shall contain such particulars as may be prescribed and the facts upon which the appli- 35 7ation is based, and, in the case of an application other than by the central government, shall also set out the nature of the applicant's interest {3) the controller, if satisficd that the reasonable requirements of the public with respect to the patented invention have not been 40 satisfied or that the patented invention is not available to the public at a reasonable price, may make an order revoking the patent we (4) every application under sub-section (1) shall ordinarily be decided within one year of its being presented to the controller 90 for the purposes of sections 84, 86 and 69, the reasonable réi be deerned to have been satisfied-— jrements of the public shall be deemed not fo have be =e re teatee ta manufacture (a) ii, by reason of the default of tf es 8 in india fo an adequate extent aud supply on reasonable terms the patented article or 4 part of the patented licle which is ioe sary for ite efficient working or ii, by reason ot the refusal of the patentee to grant a licence or licences on reasonaule terms,— when reasonable vequirements of the public deemed noi satisfied (i) an existing trade or industry or the development thereof or the establishment of any new trade or industry ia india or the trade or industry of any person or lasses of per 19 sons trading or manufacturing in india is preiudiced; or the patented article is not being met (ai) the demand fo : to an adequate extent or on yeosonable terms from manufacture in india; or ; export of the patented article 15 (iii) a market for the 3 mauufactured in india is not being supplied or developed or such market capable of being created is not being ereated; or (wv) the establishment or development of eormmercial activities in india is prejudiced; or ions imposed by the patentee (whee o¢ encement of this act) upon the upon the purchase, hire or the manufacture, use or (b) if, by reason of conditi ther before or after the comm grant of licences under the patent, or use of the patented article or process, tent, or the establishment sale of materials not protected by the paten t is prejudiced; 25 or development of any trade or industry in india, or {c) if the patented invent jon is not being worked in india on quate extent or is not being 80 at is reasonably practicable; or a commercial scale to an adet worked to the fullest extent t d article in india is being 30 (d) if the demand for the patente \ ia met to a substantial extent by importation from abroad by— {i) the patentee or persons claiming under him; or (it) persons directly or indirectly purchasing from him; or (i) other persons 2, gainst whom the patentee is not tak- 35 ing or has not taken proceedings for infringement; or i i i tion in india on a © if the working of the patented inven! i © being prevented or hindered by: the importa- : ale i cora proad © tion from abroad of the patented artic je by the patentee or the other persons referred to int he preceding clause ot (2) wher ail application unc tion 89, as the case may he, (2) of section 90 and th s roade on t contreller sinee the sealing of th ua has elapse insufficient to scale to an adequate ext ion to be so wer ed to the fullest extent that is ceasonably practicable, he may, by order, adjourn the further hearing of the application for such period not es ing twelve months in the aggregate as appears to him te ~ ient for lhe invention fo be so vked: 16 be suffic provided that in any case where the patentee establishes that the reason why a patented invention could nct be worked as aforesaid before the daic of the application was due to any state or central act or any rule or regulation made thereunder or any order of the zg government imposed otherwise than by way of a condition for the working of the invention in tndia or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or appatatus then, the period of adjournment ordered under this sub-section shall he reckoned froma the date 20 0n which the period during which the working of the invention was prevented by such act, rule or regulation or order of government as computed from the date of the application, expires (3) no adjournment under sub-section (1) shall be ordered unless the controller is satisfied thai the patentee has taken with prompti- 25 tude adequate or reasonable steps to start the working of the invention in india on a coramercial scale and to an adequate extent 92 (1) where the controller is satisfied, upon consideration of an application under section 84, section 86 or section 89, that a prima 30 procedure for dealing with appliation under tions 24, focie case has been made out for the making of an order, he shail direct, the applicant to serve copies of the application upon the patentee' ahd anyother person- appearing from the register to be interested in the patent in respect of which the application is made, and shatl advertise the application in the official gazette 86 and 89 (2) the patentee or any other person desiring to oppose the 3 ta application may, within such lime as may be prescribed or within such further time as the controller may on application (made either pefore or after the expiration of the prescribed time) allow, give to the contreller notice of opposition 40 (3) any such notice of opposition shall contain a staternent setting out the grounds on which the application is opposed ait (4) where any such notice of opposition is duly given, the controller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case sa jon made fowers ot of maicrials not 93 (7) where the controller is satisficd on under section 84 that the man' er ea imps tis ng protected by the pa , oer upon _ grant of eompulsors licenses -d article or process, he may," by the patenice upon the the purchase, hire or use of ihe pa subject to the provisions of that sec , ord gr under the patent to such customers of the applicant as he thinks fit as well as to the applicant (2) where an application und: ex seciion 84 is made by a person |, being the holder of a licence uncer the ent, the controller may, ces an order for the grant of a licence to the ayplicant, order ing licence to be ca alted, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended (3) where on an application made under section 84, the control- 7 jer orders the grant of a licence, he may direct that the licence shall nperate— {a) to deprive the patentee of any right which he may have ag patentee to make, use, exercise or vend the invention or to 20 grant licences under the patent; {b) to revoke all existing licences in respect of the invention (4) where two or more patents are held by the same patentee and an applicant for a compulsory licence establishes that the reasonable requirements of the public have not been satisfied with respect to 25 some only of the said patents, then, if the controller is satisfied that the applicant cannot efficiently or satisfactorily work the licence granted to him under those patents without infringing 'the other patents held by the patentee, he may, vy order, direct ihe grant of a licence in respect of the other patents also ta enable the licensee to work the patent or patents in regard to which a licence is granted under section 84 (5) where the terms and conditions of a licence have peen settled by the controller, an application may be made to the controller by m of the terms on the ground that the the licensee for the revisio nd be more onerous than originally ex terms settled have proved to a pected and that jn consequence thereof the licensee 1s unable to work the invention except at a loss: provided that no such application shal! be entertained,— {a) unless the licensee has worked the invention on 2 com- 49 mercial scale for a period of at least twelve months, or (b) a second time (6) the decision of the controller shali be subject to the high court , $4 the powers of the section &4 all be oxe general purposes, that ie to s: wn a | granting {a} that patented inventions are worked on a carn ercial compul~ seale in india without undue delay and ic the fullest extent that o'y hie is reasonably practicable; fences {b) that the interests of any person for the time being work 10 ing or developing an invention in india under the protection of a patent are not unfairly prejudiced 95, (1) in settling the terms and conditions of a licence under terms section 84, the controller shall endeavour to secure— and con- ' aiti {i) that the royalty and other remuneration, if any, reserved compa wmts to the patentee or other person beneficially entitled to the patent, s0'¥ lis is reasonable, having regard to the nature of the invention, the eeness, expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; 20 (ii) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him; (iii) that the patented articles are made available to the public at reasonable prices, 25 (2) no licence granted by the controller shall authorise the licensee to import the patented article or an article or substance made by a patented process from abroad where such importation would, but for such authorisation, constitute an infringement of the rights of the patentee 30 (3) notwithstanding anything contained in sub-section (2), the central government may, if in its opinion it is necessary so to do in the public interest, direct the controller at any time to authorise any licensee in respect of a patent to import the patented article or an article or substance made by a patented process from abroad 35 (subject to such conditions as it considers necessary to impose relating among other matters to the royalty and other remuneration, if any, payable to the patentee, the quantum of import, the sale price of < the imported article, and the period of importation), and thereupon the controller shall give effect to the directions 40 96 (1) notwithstanding anything contained in the other provi- licensing sions of this chapter, at any time after the sealing of a patent, any of related person who has the right to work any other patented invention either patents ise, may apply ive ov others as patentee or as vicensee thereof, exe! 0 t mentioned ta the controller for the grant ef a licence of the patent on the ground that he is prevented or hi lice ficiently ot io ihe best 1 te from working the other inv jently ct ie the bes advantage possible (2) no order under sub-section (1) shell be made untess the controller is satisfied - (i) that the applicant is able and willing to grant, or pra- cure the grant to the patentce and his licensees if they 5 of, a licence in respect of the cther inve: terms; and (ii) that the other invention hag made a substan' ; bution to the establishment or development of commercial or industrial activities in india, (3) when the controller is satisfied that the conditions mentioned 15 in sub-section (1} have been established by the applicant, he may make an order on such terms as he thinks fit granting a licence under the first mentioned patent and a similar order under the other patent if so requested by the proprietor of the first mentioned patent or his licensee (4) the provisions of sections 92 and 110 shall apply to licences granted under this section as they apply to licences granted under section 84, 87 (1) if the central government is satisfied in respect of any patent or class of patents in force that it is necessary or expedient 25 in the public interest that compulsory licences should be granted at any time after the scaling thereof to work the invention or inventions, it may make a declaration to that effect in the official gazette, and thereupon the following provisions shall have effect, that is to 30 say— special provision for com pulsory licences 'on notification by central government, (@) the controller shall on application made at any time after the notification by any person intérested grant to the applicant a licence under the patent on such terms as he thinks fit; () in settling the terms of a licence granted under this seetion, the controller shall endeavour to secure that the articles 35 manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights (2) the provisions of sections 92, 93, 94 and 95 shall apply in re: lation to the grant of licences under this section as they apply in 40 relation to the grant of licences under section 84 38 any order tor the grant of a lice: eperaie ag if it were a deed concern ed tue chapter zvil use of inventions for purposes ox government anb acquisition of inventions by central government98 (1) for the purposes of this chapter, an invention is said to meaning be used for the purposes of government if it is made, used, exercised of use of to ox vended tor the purposes of the central government, a state gov- pavontion ernment or a government undertaking or any other undertaking in |, oo oe a class or classes of indusiries which ihe central government, having govern_ regard to the interests of the general public, may notify in this behalf ment in the official gazette 15 (2) nothing coatained in this chapter shall apply in the case of any such use of an invention as is deemed not to constitute an infringement of the patentce's rights under section 48, 169, (1) notwithstanding anything contained in this act, at any power of time after an application for a patent has been filed at the patent central 20 office or a patent has heen granted, the contral government and any governperson authorised in writing by it, may make, use, exercise or vend nto the invention for the purposes of government in accordance with ventiong the provisions of this chapter for pur ses of (2) where an invention has, before the priovity date of the rele- govern: 25 vant claim of the complete specification, been duly recorded in a ment document, or tested or tried, by or on behalf of the government or a government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention 30 by the central government or any person authorised in writing by it for the purposes of government may be made free of any royalty or other renuneration to the patentee (3) if and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the central 35 government or any person authorised by it under sub-section (1), at any time after the acceptance of the complete specification in respect of the patent or in consequence of any such comrounication as aforesaid, shall he made upon terms as may be agreed upon either before or after the use, between the central government of any person authorised under sub-section (1) and the patentee, or, as may in default of agreement be determined by the high court on a reference under section 103 (4) the authorisation by the central government in respect of an 3 invention may be given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend the inven- 10 tion, (5) where an invention has been made, used, exercised or vended by or with the authority of the central government for the purposes of government under this section, then, unless it appears to the government that it would be contrary to the public interest so to do, 15 the government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the making, use, exercise or vending of the invention as he may, from: time to time, reasonably require; and where the invention has been made, used, exercised or vended for the purposes of a government undertaking or an undertaking in a class or classes of industries notified by the central government under section 99, the cendral government may call for such information as may be necessary for this purpose from such undertaking (6) the right to make, use, exercise and vend an invention for 25 the purposes of government under sub-section (1) shall include the right to sell the goods which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to: deal with the goods as if the central government or the person authorised under sub-section (1) were 30 the patentee of the invention (7) where in respect of a patent which has been the subject of an authorisation under this section, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other 3 benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor, as the case may be, and the reference to the patentee in sub-section (3) shall be deemed to include a reference to 40 such assignor or exclusive licensee 101, (1) in relation to ai u1) in relation to any use of a patented invention, or an in on, of a right, thir part vention in r hie! i vention ia espect of which an application for a patent is x i made for the purposes of government— seme bending, {a} by the contr, vernme y on 2 rised by ? sy the contral government a | ©: ent or any pers thori, he { 'y person autho: i by 5 the central government under section 100; or ° (b} by the patente ppli the p @ of applicant f pe, to + made by the central govenmnent wf the baten! fo the ordex use invention for pur poses of govern ment, the provisions i sf of any licence, assi made y signinent or agreemeni alter maces ipsther before or after the commencement of thence ros ¢ e patentee or applicant for the paient (or may sn en lerives title from him or from w: tie) eon wae hom he deri other than the centr, le derives title) and any per: al go y' person as those provisions vernment shall be of no effect so far @) restrict or regulate the us, e for the purposes of govern~ any model, document or information 15 ment of the invention, or o relating thereto, or (ii) provide for ihe makin, 0 f ig of payments i a a ne invention or of the model, document or into oe tion feat 8 ereto for the purposes of government (includi ne pay 20 $ by way of minimum royalty); mens pay" 20 and the reproduction or : the model or document 25 (2) whore the patent, or the ri, patent, has been assigned te wight to apply dor or obtain the , ighed, to the pat i i! pa patentee in consid i ves or aa benefits determined by reference to the ns i royalvente to ane ae payments by way of minimum royally) then mn q use of the invention sof gow aan made for the i 30 oat by g patentee to the order of the cental gen waren', made by ai of section 100 shall have effect as if that use wore © of an authority given under that section; and ena i any ssignor in such proportion as may as may in default of agreement be be agreed upon between them o determined by the high court on a reference under section 103, section (3) of section 100, payments he central government 'or ers s 40 (3) where by virtue of sub ate required to be made by t suthorised under sub-section use of an invention for the pl (1) of that section in respect vot th : urposes of government and where in respect of such patent there is an exclusive licensee authorised under ament, his licence to use the invention tor the purposes of go such such sum shall be shared by the patentee and such licensee upon between them or as mey proportions, if any, as m determined by the high court on a 3 ard to any expenjn default of agreement b: reference under secticn 103 to be just, having diture incurred by the licensee— (a) in developing the said invention; or (b) in making payments to the palentces other than royal- ties or other benefiis determined by reference to the use of the £0 invention, including payments by way of minimum royalty in consideration of the licence 402 (1) the central government may, if satisfied that it is acquisition ot necessary that an invention which js the subject of an application inventions for a patent or a patent should be acquired from the applicant or ts anfents the patentee for a public purpose, publish a notification to that by the effect in the official gazette, and thereupon the invention' or patent central and all rights in vespect of the invention or patent shall, by force governof thig section, stand transferred to and be vested in the central men it government (2) notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent (3) the central government shall pay to the applicant, or, as the case may be, the patentee and other persons appearing on the a5 in the patent such compensation as ernment and the appliregister as having an interest i may be agreed upon petween the central gov eant, or the patentee and other persons; or, as may, in default of agreement, be determined by the high court on a reference under section 103 to be just, having regard to the expenditure in- 3° curred in connection with the invention and, in the casc of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made -during such period by the patentee or by his licensee whether © exclusive or otherwise) and other relevant factors 35 reference 103 (1) any dispute as to the exercise by the céntral governto high court of ment or a person authorised by it of the powers coriferred by secdisputes tion 100, or as to terms for the use of an invention for the purposes as touse of government thereunder or as to the right of any person to made jn pursuance of sub-section 49 for purreceive any part of a payment poses of (3) of that section or as to the amount of compensation payable for ment the acquisition of an invention or a patent under: section 102, may be referred to the 5 (a) if the pater $ way of counter-claim ¢ of ec on any por wilich a patent ma revoked under secti sa, 3 ed under section $4 (b) whett re i ings one "ether & patentee is or is not a part the proceed , pl n issue the validity 2 pa : 0 for ite revere ¥ he patent without petitioning ch i proceedings as aforesaid any question arises @) ifin whether an ir tioned in section 1 ior s r tried | ; wo pen recorded, tested or tried as in menthe teens 2 , the iselosure of any document re: ing ta ton, ov of any evidence of the test or trial thers pe vouke 1g 'nthe opinion of the cent: g : dicial te the nublie sttownn ob © ral government, be prejudicial to the test, the disclosure may be made confidentially to th tial 7 e 20 advocate of the other par pencent ex ic y i party or to-an independent e pert mutually 20 ce: (4) ng ini i he o govenanining under this section any dispute between 'the cntion foe the q and any person as to terms for the use of an voverd trees purposes: of government, the high court shall 'h: y benefit or compensation which that person or ny person from whom he derives title ay have receiy or may be 1e derives tit h: d, be or mi e receive entitled to receive, directly or indirectly in respect of the use- of tl e f th ef the nvention § aestion for the purposes of go: 'ernment 25 mn im question for the purposes of gov: this section, the high court may "edings or any question or issue of onan ane oan official referee, issi 30 "eferonces ator on such terms as the high court 'maj ire ot and coane e high court in the foregoing provisi ws of this cee om shall be construed accordingly send prowisons of this 'acee in made by a as in the service of the central (6) where the i i 7) ere the invention claimed i person who at the time it was made so isin the wotynn government or of a state gov 35 cobermen ; ernment or was an it undertaking and the subject-matter of the meen, ne 7 vention is certified by the relevant vernment or the principal officer of the e ant go ; r th i rovernment undertaking to be connected with the work done in the course of the normal duties of the government servant or employee employe 488 62, of the government undertaking, then, notwithstanding anything contained in this section, any dispute of the nature referred to in gub-section (j) relating to the invention shall be disposed of by the central government conformably to the provisions of this section eo far as may be applicable, but before doing so the central govern- § nent shall give an opportunity to the patentee and such other parties as it considers have az interest in the matter to be heard chapter xviiisuits concerning infringement of patents vo 1 ) muance of the threats; and 2 (e) gaeh byes ban surisdic- 404, no suit for a declaration under section 105 or for any relief 10 (2) uni has sustained thereby tion, if 7 infrt insti 4 tes ae ° on, under section 106 or for infringement of a patent shall be instituted pect of which tie ; vaant proves that the acts in resin any court inferior to a district court having jurisdiction to try the would consti £ ere threatened constitute or, if done, suit: slituia, an i cata acig , a the publication of & comulete opociheation in tenet sans brom provided that where a counter-claim for revocation of the patent {5 the specifica' a specification in teapect of a claim of is made by the defendant, the suit, along with the counter-claim, 15 may grani to the ple ' ay the plaintiff to be invalid, the couri vb, shall be iransferced to the high court for decision evol i ce eplanation mmee gover of 105 (1) notwithstanding anything contained in section 34 of the 47 of 1963 does not sonstibite 2 thee mento specific relief act, 1963, any person may institute a suit for @ section declaration that the use by him of any process, or the making, use or 107 ut 3 sale of any article by him does not, or would not, constitute an 24 e which i 4) in any sult for infringement of a patent, e : revoledt atent, every - infringement of a claim of a patent against the patentee or the ground fer ne be revokes under section 64 shall be available ag " ees in geholder of an exclusive licence under the patent, notwithstanding i aelence, euita for ins nt, that no assertion to the contrary has been made by the patentee or (2) ina suit for infringement of a patent gr , fringethe licensee, if it is shown— , 'method or process of manufacture of 2 cbs granted in respect ofe ™&™ cad 4 a i : fa substai ; (a) that the plaintiff has applied in writing to the patentee 25 25 hon 5, any substance of the same chemical connaiten ne to in secor exclusive licensee for 4 written acknowledgment to the cffect in the first mentioned substance shall be presumed fal constitution of the declaration claimed and has furnished him with full partirary is proved, to hove been made by the aforesaid > hie less the conculars in writing of the process or article in question; and or process, patented method (b) that the patentee or jicensee has refused or neglected _ 108 the reliefs which a court may grant i ; f : to give such an acknowledgment 30 30 fingement inelnde an injanction (subject to such terms, if any in reliefs 3 : : e court thinks 3 an ue a terms, if al in suits 2 _ (2) the costs of all parties in a suit for a declaration brought by or an tart eins fit) and, at the option of the plaintiff, either dome - for ini -rstue of this section shall, unless for special reasons the court thinks of profits ss tringe- at to order otherwise, be paid by the plaintiff 109, (1) the holder oi an exclusive licence shall h: ment (3) the validity of a claim of the specification of a vatent shall in the patentee le ute a suit in respect of ony, 'one like right right of nat be called in question in a suit for a declaration prousht by virtue 35 35 das patent commit av ih 'e of the licence, and in awardi of feneee of this section, and accordingly the making or refusal of such a mages of an acco profits or grantin ' in awarding to take es such suit the court ae s og any other relief in any declaration in the case of a patent shall not be deemed to imply or likely to b all take into consideration any loss suffered proceed: : + cepa kely to be sv ce ered j : hat the patent is valid or invalid , ; : case may be, the pe an ive licensee as such or, as the against b (4) a suit for a declaration may be brought by virtue of this goas it constituies an int is by mes ns of the infringement so far infringe-! section at any time after the date of advertisement of aceentance of 40 licensee as such i ' ent of the rights of the exclusive ment 4 the complete specification of a patent, and references in this section gmgipnd,—18 os ' to the patentec shall be construed accordingly a 1833 (bi ls--10 alenk of ks ms amy ¢ court to t of a patent by the jaulder of ath , the patente: hall, unless he ef dded as a defendani, but 2 as oi ant shall not be lable for any © wis unless patentee so adde takes part in the prozeedings 5 he enters an appeare seenee hag been granted under sertion right of 110 any persor 24 shall be entitled to call upon the patentee to take proceedings to prevent any infringemcnt of the patent, and, if the patentee refuses licensee under section 84 or neglects to do so within twa months after being sc called upon, the licensee may institute proceedings for the infringement in his own 10 name as though he were the patentee, making the patentee 2 defendant; but a patentee sc added as defendant shall not be liable for any costs unless he erters an appearance and takes part in the proceed= | to ||--------------|| proceed- || ings || against || infringe- || ment || ings || restric- || 4ii || (1) || in || a || suit || for || infringement || of || & || patent || damages || cr || 4m || 15 |nt of profits shail not be granted against the defendant who proves that at the date of the infringement he was hot aware and had no reasonable grounds for believing that the patent existed faplonation—a person shall not be deemed to have been aware or to have had reasonable grounds for pelieving that a patent exists 20 | tion | on ||---------|-------|| power | of || court | to || grant | || damages | || or | || account | 'z || of | its |by reason only of the application to an article of the word "patent", "patented" or any word or words expressing of implying that a for intringe- patent has heen obtained for the article, unless the number of the patent accompanies the word or words in question (2) in any suit for infringement of a patent the court may, if it 25 thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a failure to pay any renewal fee within the prescribed: period and before any extension of that period (@) where an amendment of a specification by way of disclaimer, 30 correction or explanation bas peen allowed under this act after the publication of the specification, no damages or account of profits shall be granted in any proceeding in respect of the use of the invention pefore the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was 35 framed in good faith and with reasonable skill and knowledge (4) nothing jn this section shall affect the power of the court to suit for infringement of a patent grant an injunction in any 312 if in proceedings for the infringement of a patent endersed or deemed to be endorsed with the words "licences of right" (otherwise yo than by the importation of the patented article from other countries) restriction on power of court the infringing defendant is ready and willing to take a licence upon anno ° wf such a licence an gran 5 lieence fy ont ce had been grar ~ certain ge cases, r yi pat, , i138 (1) ef in any proceedings befnre @ lon of a patent under section 64 tt ey l 4 the v alidity of a 7 heation is contested and that claim c 2 ir r the revoca- certificate im of a speci of validity to be valid, of spectt certify that the val in thos the vauidily at aan hose proceedings and was upheld bh end es contested coat ; subsequent (2) where any such certificate 3 intrnge subsequent suit before a fa anes ort ae dete if in ment ourt for infringement of that : the ment claim of the 2 for revocation of the patent 'hereot patentee or other person rely- bsteat or in any subsequent proceedin, sh 'ar as it relates to that claim, the ing on the validity of the claim obtai ns a final order or judgment in fe > he shal! be entitled t hull cosas ar n oo an order for the i or proce : ae and expenses of and incidental to any aut o ied ag tespect of which erly incurred so far as they con h "tle in 20 ich the certificate was "the com inging the sui a v he suit or proceeding otherwise dieeten unless the court trying provided that th € casts a: i f i he ordered wh as specified in this sub-secti the court: that he the party disputing the validity of the ely ae fe he vised fe gee s$ not aware of the grant of the conten etees 25 bent pute and withdrew forthwith stones thee ne aware of such a certificate seh defence when he be construed ag rorders in sui ¢ s suits cation to pass orders for costs f i i auth eine contained in this section shall puthonis ig courts hearing appeals from di tingement or petitions for re mm to pa 30 on the scale referred to therein, me 114 (1) if in i l proceedings for infri gement of a patent it is found reli elief for ng a claim in reg; i espect of which inert phat any claim of the specification belt ringement is alleged, is valid, but tl hat any other claim is invalid ment @ court may grant relief in respec 3s east spect of any valid claim which i> partially valid esa specifies ided that the court shall not " grant relief exce ; pt by wa: ances mentioned in subsection 'o injunctio save in the circumst: vag framed » the court shall ged subject 1 good grant relief im re: lot any the date from ced, and in 3 eration the to the diseretion of the cant which damages or an aveount o! exercising such discretion the court conduct of the parties in insert: vation or permitting them to r 145 (1) in any suit for in ding before ether or net 1° a court uader this act, the court may scientific sdvisers an application has becn made by any "nce, appoint tor to inquire and an independent scientific adviser te 2 report upon any such question of fuel or invelving a question of interpretation of law) 29 how for the purpose 1s » shall be fized by (2) the remuneration of the sehen: report and a proper the court and shall include the costs of daily fee for any day on which the eci¢: we may be required to attend before the court, and such remnacration shell be defrayed out of moneys provided hy parliament by law for the purpose 20 chapter xix cision, order or direc- 116, (1) no appeal shali lie from any de appeals 1 goverament, or tion made or issued under this act by the cent: irom any act or order of the controller for the purpose of giving 25 effect to any such decision, order or direction any of the follow 42) save as otherwise expressly provided in sub-section (1), at appeal shall lie to a high co trom any decision, order or direction of the controller tnder ng provisions, that is to say, 30 section 15, section 16, section 17, section 18, section 19, section 20, section 25, section 27, section 28, section b1, section 54, section 57, section 60, section €1, section 8, action (3) of section 69, section 78, section 84, section 36, section 89, section 93, section 96 and 35 section 97 y and (3) every appeal under this section shall be in writing shall be made within three months from the date of the decision, order or direction, as the case may be, of the controller, or within such further time as the high court may in accordance with the rules made by if under section 158 allow 4a wader ne snall h appeai shall be provided that aay such judge mey, of the proceeding to a bench of th period of twelve months from the date « chapter 2x penaliresm under contra 118, if any person fails ta comply with any diree ¢ 15 section 35 or makes or causes to be made an appl atinn for e grani vention of of 2 patent in contravention of section 39, he shall be punishisble with searecy imprisonment for a term which may extend to two years, or with provisions fine, or with both, relating to certain 419 if any person makes, or causes to he made, a ialse entry in mo 2o 8ny register kept under this act, or a writing cf ly purporting te tae fbe a copy of an entry in such a register, or produces or tender 3, or ontiiey is yauses fo be produced or tendered, in evidence any such writing register, i ving the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two wears or with 25 fine, ox with both icle sold by him unautho- 12a, if any person talsely represents that any is patented in india or is the subject of an application for a patent in rised claim india, he shall he punishable with f a of pate: a i ho fine which may axtend -t , patent hundred rupees, ich may extend "to five rights, 0 «explanation i—for the purposes of this section erson s: e 3 hi: > , 2 person shal fa) that an article is patented in india i ; : 2 nadia if is stamped, engraved or impressed on, or otherwise appiied to, the vaticte the word patent" or "patented" or some other word express): or implying that a patent for the article has been obtained in india; 35 (0) that an article is the subject of an application for patent in india, if there are stamped, engraved or 'mprossed : or otherwise applied to, the artiéie the words "patent "applied for patent pending", or some other words implying that a 40 "pplication for a patent for the article has been made in thdla, ve, unless there is 5 peen obtained of ss or any document a¢ office" or any other words jef that his place of tases: t paten! office, he shall be punishable with imprisonment for « term which may extend to six months, or with fine, ot with both ils to furnish— 422 (1) if any person refuses or f (a) io the central government any information which he is 15 required to furnish under sub-section (5) of section 100, refusal or failure fo supply information (b) to the controller any information or statement which he jg required to furnish under section 146, he shall be punishable with fine which may extend to one thousand rupees " (2) if any person, being required to furnish any such inforraation as is referred to in sub-section (1), furnishes information of statement, which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with iraprisonment which may extend to six months, 25 ot with fine, or with both 123, lf any person contravenes the provisions of section 129, he shall be punishable «with fine which may extend to five jrundred rupees in the case of a first offence and two thousand rupees in the case of a second or subsequent oifence 30 practice by nonregistered patent agents offences by companies 424 (1) uf the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the 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 jiable to be proceeded against and °- punished accordingly: provided that nothing contained in thts sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of % ich offence 40 notwiths nm okt bie) a | hor | the | p ||--------|-----------|------|| {a} | "company" | : || fum | | || or | | || other | | || as: | | || {0} | "direct | || firm | | | 1 os 5 chapter zelparent acmrrg tert the controller shali maintain a y i io be called the vegisite of patent agents in which shall be ente es of all 5 persons qualified to have their names so entered ed the names and address of patent under 8ents 2o section 128, 126 (1) a person shall be tified to have his name entered in qu the register of patent namely patent agents he fulfi (a) he is a citizen of india; is the following conditions, hons for reg istras tion as patent agents, 25 (0) he has completed the age of 21 years: {c}) he has obtained a gree fi ¥ e he / ix degree tr y i y territory of : e from any university in ¢ ° ¥ : india or bessesses such other equivalent ¢ slifies and, { idit entral government may speci vin th an i" a i 'on '¥ specify in this behalf, (@® is an advocate within the m act, 1961; ae neaning of the advocates 25 of 1981, 3° (i) has passed the for te purposes qualifying examination presoriied : fore tt t of prescribed f une before the sd ¢ : sified to have his 1 ster of paten ons contained in this act and zz sabject te te gs 427 babjeci patent agent whose name is © rights of patent rules made thereur a agents, mi the register ecl— 7 {n) to practise before the controller: and i iness and dis: fh s, transact ail business and ¢ oe on ee an ane be prescribed in connector marge such olher functions as y be pr el with any proceeding before the controller under this i fee , isi tained in sub-section ( 9 subject to the provisions conta in sl ction 2) aie <8 a mule : de under this act, all applications ana wom 15 vera: we ee te the der this act may be signed by 4 verificas »yynications to the controller under | sf ay te the person hon of patent agent authorised in writing in this certain ger documents concerned by patent we agents: (2) the following documents, namely, (® applications for patents; nats: (ii) applications for the restoration of lapsed patents: i e! he time gii) applications for the sealing of patents ws ee at ed for that purpose by or under sub-section (2), allowe: at purr »; nde section (2) of section 43 has expired; 25 (iv) applications for leave to amend; tion; i revoca (v) applications for compulsory licences or for and i ices rrender of patents; (vi) notices of surren oo d and verified in the manner preseribed by the person 5, be signe: \ th ; nese onating such applications or giving such notices / 4 from india, they may he : rson ig absen 5 provided that if such person 's tent agent authorised by verified on his behalf by a p iunea and naan in that behelf him in writing aseli cut as i ageni, held owt, ante: is regise be, unless he aud all bis 2) no cam y or other bady corporate shall pra ctise, describe if or held itself out as patent agents or permit jiself to be so bed or held oat, evxolunaticn--for the purposes of this section, practise ase patent to agent includes any of the following acts, namely: - {a} applying for or obtaining patents in india or elsewhere; (6) preparing specifications or other documents for the pure poses of this act or of the patent law of any other country; tc) giving advice other than of a svientifie or technical na 415 ture as to the validity of patents or their infringement 130 (1) the 'central government may remove the name of any removal person from the register when it is satisfied, after giving that person from a reasonable opportunity of being heard and after such further inregister of woe wk abe lent quiry, if any, as it thinks fit to make— agents and resto- 20 (i) that his name has been entered in the register by error or ration, on account of misrepresentation or suppression of material fact; (i) that he has heen convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the centra? 25 government renders him unfit to be kept in the register, (2) the central government may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom 231 (1) subject to any rules made in this behalf, the controller power of jo may refuse to recognise as agent in respect of any business under thig controller eck to refuse i act— to deal (a) any individual whose name has been removed from, and with a not restored to, the register; agents, 1883 (b)ls—11 : fo serson who has been canvieted of un offence under aga patent agent, who gaged wholly or mainly in 3 - paients in india or elsewhere in : employed; : , person whom the controller "tof any business under er ef the comp: nise ab agent im respect of ho neither resides nov } el any person ww a place of basiness in india 122 nothing in this chapter shali be deemed ta prohibit— 15 e icant for a patent or any person, mot being a (a) the applicant fcr a paten' c a patent agent, who is duly authorised by the applicant from draft savings in respect of oiber persona authorised ing any specification or appearing or acting before the controller; or fo get bb agente (by en advocate, not being a patent agent, from taking pat in any proceedings under this act otherwise than by way 0! 20 ing any specification chapter ket international arrangementsnotifice~ ion as to convention cmunces, 133 (1) with a view to the fulfilment of a treaty, convention ; arrangement with any country outside india which affords a apple 25 eants for patents in india or to citizens of india similar priv ges ot ake granted to its own citizens in respect of the grant of pal n ee the protection of patent rights, the central government may, by oh fication in the official gazette, declare such country to be a conv tion country for the purposes of this act 30 (2) & declaration under sub-section 60) may be made for the or poses cither of all or of some only of the provisions of this act, an a country in the case of which a declaration made for the purposes © some only of the provisions of this act is in force shall he deemed to be a convention country for the purposes of those provisions only 35 134, where any country specified by the central government is this behalf by notification in the official gazette does not econ ° citizens of india the same rights in respect of the grant of et ent sand the protection of patent rights as it accords to its own nationals, ni' notification as to eountries not providing recipro~ olty national ot su nt with any other perso: (a) te the pe patent; or fe} to apply for granted under this act 135 (1) without prejudice io the 10 8, where a p an invention ia a convention country (hereinafier "basic application"), and that verson or the legal assignee of that person makes an application un t patent within twelve months after the date on teh the basic ap- 1§ plication was made, the priority date of a claim of ithe complet specification, being a claira based on matter disclosed in the basic application, is the date of making of the basic application explanation—where applications have been made for similar protection in respect of an invention in two or more convention 20 countries, the period of twelve months referred to in this sub- tes shall be reckoned from the date on which the earlier or earliest of the said applications was made (2) where applications for protection have been made in one or more convention countries in respect of two or more inventions 25 which are cognate or of which one is a modifieation of another, a single 'convention application may, subject to the provisions contained in section 10, be made in respeet of those inventions at any time within twelve roonths frara the date of the earliest of the said applications for protection: 30 provided that the fee payable on the making of any such application shall be the same as if separate applications have been cade in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case af any such application, apply separately to the applications for protection 35 in respect of each of the said inventions 136, (1) every convention epplication shall— {a) be accompanied by a complete specification; and i (b) specify the date on which and the convention country donvontee in which the application for protection, or as the case may be, ameliea 4o the first of such applications was made: and hens {c) state that no application for protection in res} invention had been made in a convention country date by the applicant or by any person from whom he derives title (2) subject to the provisions confained in section 10, a complete specification bled with a convention application may include claims in respect of develupments of, or additions to, the invention in res- 5 pect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section § to make a separate application for a patent (3) a convention application shall not be posi-daied under sub- 10 section (2) of section 17 to a date later than the date on which under the provisions of this act the application could have been made 187 (1) where two or more applications for patents in respect multiple priorities of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, 15 one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the entlier or earliest of those applications was made, in respect of the javentions disclosed in the specifications which accompanied the basic applications {2) the priority date of a claim of the complete specification, being a claim based! on matters disclosed in one or more of the basic applications, is the date on which that matter was first so gisclosed a (3) for the purposes of this act, a matter shall be deemed to 2: have been disclosed in: a basie application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior act) in that application, or any documents submitiea vy the applicant for protection in support of and at the same time as tha aplication, but no account 30 shall be taken of any disclosure effected by ony such document un- jess a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application 138 (1) where a convention application is made in accordance 34 with the provisions of this chapter, the applicant shall furnish, in supplenentary provisions addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country in which the basic application was made, certified by the official chief or head of the patent 4o | as ||----------|| conven || tion || applica- || tions |office of the convention country, or otherwise verified to the satisfaction of the controller, along with the application or within three months thereafter, or within such further period as the controller may on gocd cause allow (2) if an such specificaiion or other document is in a foreign fication ur document, janguage a tr verified by affidavit x5 ich an applica purposes of this act, the date tion was made in a con ion coumiry is such da the control ler is satisfied, by certificate of the offic head of the patent office of the convention country or otherwise, is the date on which the application was made in that convention country 139 save as otherwise provided in this chapter, all the provisions other proof this act shall apply in relation to a convention application and isions of a patent granted in pursuance thereof as they apply in relation to sent ta an ordinary application and a patent grant i pursuance thereof conven tion applicas tions chapter zxui miscellaneous1s 440 (1) it shall aot be lawful io insert— avoidance @® im any contract for or in relation to the sale or lease of of ceztain a patented article or an article made by a patented process; or eee (ti) in a licence to manufacture or use a patented article; or 20 (iii) in a licence to work any process protected by a patent, a condition the effect of which may be— (a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or ¢o restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor o7 his nominees, any article other than the patented article or an article other than that made by the patented process; or (b) to prohibit the purchaser, lessee or licenses from using, 30 or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the, vendor, lessor or licensor or his nominee; or (c) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purehaser, lessee or heensee tu process other than the patented process; and any such condition shail be void clause («} of clause (2) a condition of the w {b) ov clause (e) of sub-section (2) shall noi cease to be a condition § falling within thal sub-section merely by veason of the fact that the agreement containing hes 1 entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process (3) in proceedings against any person tor the infringement of 10 a patent, it shall be 2 defence to pro that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section: provided that this sub-scetion shall not apply if the plaintiff is not a party to the contract arxi proves to the satisfaction of the +5 court that the restrictive condition s inserted in the contract without his knowledge and consent, express of implied (4) nothing in this section shall— by which a person is 1 those of a particular 20 (a) affect a condition in a cont prohibited from selling goods other person; (b) validate a contract which, bul for this section, would be invalid; (ec) affect a condition in a contract for the lease of, or jicence to use, a patented article, by which the jessor or licensor 25 reserves to himself or his nominee the right to supply such new parts of the patented article as may pe required cr to put of keep it in repair (5) the provisions of this section shall also apply to contracts made before the commencement of this act if, and in so far as, any } restrictive conditions declared unlawful hy this section continue in force after the expiration of one year from such commencement 141 (1) any contract for the sale or lease of a patented article determination of certain contracts or for licence to manufacture, use or work a patented article or process, or relating to any such sale, iease or licence, whether made 3< before or after the commencement of this act, may at any time after the patent or all the patents y which the article or process was protected al ceased ta by: contrary in the con ; the pur chaser, lessee, ar ving § tlree mon fotice in jadice to om this 2} the provi any right af dceiermini section 142, (2) there sholl | id i shall be paid in respect uf the grant "ees, ; 2) there | x sect grant of patents fees 10 ae applications therefor, and in respect of ofher matters in relation 0 the grant of patents under this act, such fees as may be preserib ed by the central governrnent —_ (2) where a fee is payable in respect @ is payable in respect of the doing of an aet by the controller, the controller shall no re 6 of an ae by 15 been paid, , the controller shall not do that act until the fee has j & where a fee is payable in respect of the fling of a document at the patent office, the docurnent shall be deemed not ta have been filed at the office until the fee has been paid so fe (@) where a principal patent is granted later than two years om the date of the application for patent, the fees which ha become due in the meantime may be paid within a term of th ve months from the date of the recordal of the patent in the register, ' ms subject to the provisions of chapter vii, an application restric- 'or a patent and any specification filed in pursuance thereof, shall "ors 25 not, except with the co ; ; @ thereof, shall upon controll consent of the applicant, be published by the publi- 'ontroller or be open to public inspection at any time bi cation of date of advertisement of acceptance of th ay time before the specifica of section 23, a @ application in pursuance ons 144, the reports of examiner: ss a s to the controller under thi ri 5 mn) under this act reports 3 shal not be open to public inspection or be published by the con- cxami ie er; and such reports shall not be liable to production or inspec- febecon" ion in any legal proceeding unless the court certifies that the pro- fdential duction or inspection is desi i i justi faction o» insp esirable in the interests of justice, and ought 35 provided that the controller may, on application made in the lane eal a by any person, disclose the résult of any search under section 13 in respect of an: icati a 'y application for a ft where the complete specification has been 'published poten 145, 'the controlier shall issue periodically a publication of pat- publication ented inv g such information as the central govof pate ernment ma 448, the controller may, at any time during the continuance of ted inventions, power of controller the patent, by notice in writing, yequire a patentee or @ licensee, exclusive or otherwise, to furnish to him within two months from to call for information from patentees, the date of such notice or withia such further time as the controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in india as may be specified in the notice gned by the controller 147 (1) a certificate purporting to be sii as to any entry, matter or thing which he is authorised by this act evidence af entries, documents, ate or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done 15 (2) a copy of any entry in any register or of any document kept jn the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof 2° or production of the original (3) the controller or any other officer of the patent office shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes 448 (1) if any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything re- 30 quired or permitted by or under this act, the lawful guardian, committee or manager (if any) of the person subject to the disability, declaration by infant, lunatic, ete or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, 35 and do such thing in the name and on behalf of the person subject to the disability ay be made by the court for the purposes (2) an appointment mi of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested 4o in the making of the statement or the doing of the thing 44% any notice required or authorised to be given by ov this act, and any application or other decurnent so authoris required to be made ar filed, may he given, made or filed by © 458 if any par whom notice of amy opposition i wa & this aet or by w ration, nade to the control e grant of a licence under a patent neither resides nor carrics business in india, the controller may require him to give sec for the costs of the proceedings, and in default of such security be given may treat the opposition or application as abandoned 10 0 , asl ad every order of the high court on a petition for revaration, including orders granting certificates of validity of ony ela shall be transmitted by the high court to the controller who shali ° courts to controller, cause an entry thereof and reference thereto to be made in, the register ts (2) where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid as the case may be, the court shall transmit a copy of its judgment and decree to the controller who shall on receipt thereof cause an 20 entry in relation to such proceeding to be made in the prescribed manner in a supplemental record (3) the provisions of sub-sections (7) and (2) shall elso apply to the court to which appeals are preferred against decisions of the courts referred to in those sub-scctions, 25 152 copies of all such specifications, drawings and amendments ny 5 left at the patent office as become open to public inspection under the provisions of this act, shall be transmitted, as soon as may be, after the printed copies thereof are available, to such authorities as the central government may appoint in this behalf, and shall be 30 open to the inspection of any person at all reasonable times at places transmis~ sion of copies of specifications, ete and inspection thereof ta be specified by those authorities and with the approval of the central government 153 a person making a request to the controller in the prescribed manner for information relating to any such matters as may be information relat ing to patents 35 prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly 154 if a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the controller, the controller may loss or destruction of patents, i) at any time, on application made in the prescribed manner and on reportsnt centrojier ip be plac before parliament, govern+ ment, in this act shail affect the power of the government right of government to ox cf any person deriving title directly or indirectly from the 10 government {o sell or use any articles forfeited under any law for the time being in force aell or use forfeited articles, 458 vhe high court may make rales consistent with this act ae e conduct and procedure in respect of all proceedings before az ict this act it und power of high courts to make rules (2) the central government may, by notification in the its } gazette, make rules for carrying out the purposes of this act off 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 ail or ar of the following matters, aamely+— 20 (i) the form and manner in which any application for a or drawings and any other application patent, any specific or document may be filed in the patent office; > within which any act or thing may be done peluding the manner in which and the ime 25 be advertised under this act; v any mater m2 the fees which may be payable under this act and the notuse of payment of such fees; {ix} the matters in respect of which the examiner may make a report to the controller; - = 130 fs) the form of request (ou which any uotice may load fait 'ati avi res have alter the f {ylit) the estanlish and the regulation general including its branch off io giz) the maintenance of th matters to be entered th (x) the matters in respect of wh a civil cou have powers of ner in which the reg: (xi) the time when aad the c 13 spection may be inspected and any other document open to under this act; 1 (wii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; (citi) the manner in which any compensation for acquisition by government of an invention may be paid; (wiv) the manner in which the be maintained; the canduct of quality: evister of patent agents may examinations for and patent agents; and matters connected with their pre conduct, including the taking of discip! proceedings against 25 patent agents for miscondt e mak (xv) the regulation of t setling of indexes to, and abridgmen's of, , printing, publishing and 'secifications and other spection of indexes and documents in nt office; and the $ abridgments and other document 30 (xvi) any other matter which has to be or may be preseribed (2) the power to make rules under this section shall he subject to the condition of the rules being made after previous publica tion 160 every cule made under this act shali be laid, as scon as may be after it is made, before each house of parliament while it is im 5 session for a total period of thirty days which may be comprised in ic one session or in iwo successive sessions, and, if before the expiry 5 rules to i e placed before parliament, of the session in which it is so laid or in the session immediately following, both houses agree in making any modification in the rule er both houses agree that the rule should not be made, the rule shall y5 | thereafler have effect only in such modified form or be of no effect, | ag the casc may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, 161, (1) where, as a result of action taken by the controller 15 29) of 1948 under section 12 of the atomic energy act, 1948, or under section 20 of the atomic energy act, 1962, an application for a patent made before the commencement of this act could not be accepted within the time specified for the purpose in the indian patents and designs act, 1911 (hereafter in this section referred to as the repealed 2° 9 o¢1911 act), and, consequently, was deemed to have been refused by reason of sub-section (4) of section 5 of the repealed act, the application may, if the applicant, or, if he is dead his legal representative, makes special provisions with respect to certain applications deemed to have been refused under act 2 of 1911 a request in that behalf to the controller in the prescribed manner within three months from the commencement of this act, be revived 25 and shall be disposed of as if it were an application pending at the commencement of this act to which the provisions of this act apply by reason of sub-section (3) of section 162 (2) the controller may, before proceeding to act upon any such request as is referred to in sub-section (1), refer the matter to the 30 central government for directions as to whether the invention is one relating to atomic energy and shalt act in conformity with the directions issued by it ' (3) where in pursuance of any such application as is referred to in sub-section (/) a patent is granted, the rights of the patentee shall 35 be subject to such conditions as the controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention before the date of advertisement of the acceptance of the complete specification, 40 (4) 4 patent granied in p e of any such application es is referred to in sub-section (7) shall be on which the request for reviving such applicat: minder subseetion @2) wl 162 (1) the indian patents and designs act, 1911, in so far as it repeat of selates to patents, is horeby yepevled, that is to say, the said act shall 7", ~ of : ents ' isti in se be amended in the manner specified in the schedule far as it relates te - cstecte as ; ae patents (2) notwithstanding the repeal of the indian patents and designs ang act, 1911, in so far as it relates to patents— savings ra (a) the provisions of section 21a of that act and of any rules made thereunder shall continue to apply in relation to any pateni granted before the commencement of this act in pursuance of that section, and 33 of 1962 (6) the renewal fee in respect of a patent granted under ts that act shall be as fixed thereunder (3) save as otherwise provided in sub-section (2), the provisions of this act shall apply to any application for a patent pending at the commencement of this act and to any proceedings consequent thereon and to any patent granted in pursuance thereof 16-of 1897, 20 (4) the mention of particular matters in this section shall not prejudice the gencral application of the general clauses act, 1897, with respect to repeals (5) notwithstanding anything contained in this act, any suit for 23 infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this act, may be continued and disposed of, as if this act had not been passed, of l911 163 in sub-section (2) of section 4 of the trade and merchandise amend marks act, 1958, the words and figures "and the controller of ment of patents and designs for the purposes of the indian patents and act 43 of jo designs act, 1911" shall be omitted 1958 amendments1 long title —omit " 2, preamble—-omit 3, section 1—in sub-section 4 section 2—- {a) omit clause g); {b) in clause (2) omit "(as te: (c} for clause (8), 2 ca fe 3 & ® ® 5 a cs s g 8 and merchandises 43 of 1958 a trade maris: ction dof the trade (3) "controiler' patents, designs an section (1) of marks act, 1958); defined in section "trade 1 (d) in clause (8) for ag gofir d in clause (v) of sub- 15 erchandise mark: vehandise marks 45 4: 1958, of the trade and me pe 478", substitute "trade ta section (j) of section 2 act, 1958"; (2) omit clause (8); (f) in clause (d- foe "punjab", substitute "delhi"; 29 g@) in sub-clause (6), ) after sub-clause (€), insert— (ca union tersitories of dadra goa, daman and diu, the high "(fy in relation to the and nagar haveil and go court of bombay the unioa territory of pondi- 25 {g) in relation tc cherry, the high court o ma a jerritory et chandito the u y and haryana"; (h) im relati court of pu garh, the hig (0) and (15 {g) omit clauses (3, rbstitute— (h) for clause (22) means the patent office referred to ©(12) "patent offic of the patents act, 1967' in section 74 5, omit part 1 84 aid in veapect of the registration of deand im respect of other matters et such fees as may be preseribed 10 signs and applications relating io by the cont 10, omit scetion 594 omit sub li scetion 62 15 12 por section 62, subst nev raay, om request im writing accompanied power "62 the by the ee, correct any clerical error in the repre- of yin the name or address of the proprietor come! ler to 20 register of designs" soviet clerical errors, 13 section 63— (a) in sitb-section (/1, omit "to a patent or" and "patent or"; i "patent or' and for "patents , substitute "designs,"; 7 "patent or" wh pression occurs; wherever that ex- (d) in sub-section (4), orait 'to a patent or" 14 section 64— 30 patents or" and omit "either" {¢) wherever 30 nl {5), omit clause (a) {b) in subs 15 omit section 66 16 section 67--omii "for ; mit "for a patent, or for ar 2 + eation or of a specification or" amendment of an appli- 35 17 section 69—in sub-seetion (j), omit "io grant a patent for an invention or" 18 section t1a—omit "or from patents, specifications and other", ; ' i test : th : the design im indig 18 omit section 72 ' " im th tion as that within which 20 omit sections 744 and 765 i 8 7 (3) the application for the reg jon of a design under 21, section 76— : this section must be made in 1 (a) in sub-section (j}, omit "other"; (b) in sub-section (2), in clause (c), omit "opponent" (4) where it is made to appear to the central gov: ny : ernment 22 section 77— {a) in sub-section (1)— (@ in clauses (c) and (¢)}, omit "specifications"; | satisfactory provision for the protection of designs registered sutbes to in india, the central government may, by notification in the ofreial gazette, direct that the provisions of this section, with suc jati ith , we oe ene) aihtate 1s sa waniations or additions, if any, as may be set out in such "(e) providing for the inspection of documents in the patent office and for the manner in which they may be published;"; : 1s 25 omit the schedule (dt) omit clause (eee); {b) omit sub-section (2a) 23 omit section 78 24 for section 78a, substitute— "7ga, (1) any person who has applied for protection for reciproany design in the united kingdom or his legal representative or | , arrange assignee shall, either alone or jointly with any other person, i ment be entitled to claim that the registration of the said design under t we this act shall be in priority to other applicants and shall have kingdom the same date as'the date of the application in the united kingi and dom: 25 other common- provided that— wealth countries, (a) the application is made within six months from the application for protection in the united kingdom; and (b) nothing in this section shall entitle the proprietor of the design to recover damages for infringements happen- s ing prior to the actual date on which the design is registered in india, : 5 eation may be made @ same manner as an ordinary i application under this act, 10 that the legislature of any such commonwealth country as may : be notified by the central government in thig behalf has made ay tet : : : ation, shall apply for the protection of designs registered | in that commonwealth country", i statement of objects and reasonsthe existing indian patents and designs act was enacted in i9tt and since then there have been substantial changes in the political and economic conditions of the country, the need for a comprehensive law so zs to ensure more effectively that patent rights are not worked to the detriment of the consumer or to ihe prejudice of the trade or the industrial development of the country was felt as early as 1948-and in that year the government appointed the patents enquiry committee to veview the working of the patents law in india the committee submitted its final report in 1950 the patents bill 1953, based largely on the uk patents act, 1949 and incorporating some of the yecommendations of the committee was introduced in the lok sabha on 7th december, 1953 the bill, however, lapsed on the dissolution of the first lok sabha 2 in 1957, the government of india appointed shri justice n rajagopala ayyangar to examine afresh and review the patents law in india and advise the government on the changes necessary the judge submitted a comprehensive report on patents law revision in september, 1959 the patents bill, 1963; based mainly on the recommendations contained in his detailed report and incorporating a few more changes in the light of further examination made particularly with reference to patents for food, drugs and medicines, was introduced in the lok sabha on 2lst september, 1965 this bill was referred on 25th november, 4965 to a joint committee of parliament, the joint committee, after a careful consideration of the matter, adopted a number of amendments to the bill the report of the joint committee, with the amended bill, was presented to the lok sabha on 1st november, 1966 the patents bill, 1965, as reported by the joint committee was formally moved in the lok sabha on 5th december, 1966, but could not be proceeded with for want of time and eventually lapsed with the dissohition of the third lok sabha on 3rd march, 1967 mprehensive provisions to amend 3 the present bill contains co! and consolidate the existing law and also contains the amendments recommended by the joint committee referred to above the notes plain the provisions of the bill, wherever necessary en clauses ex] fakhuruddin ali ahmed new deum; the lth august, 1967 @ different ; act inte force on different dates as it may not be pi some of the provisions of the act which impose additional duti the patent office into force immediately after the bill is ens clause 2—the definition of 'invedtion' in the existing act has been, modified so as to represent more accurately the existing position as defined by ease-law several new definitions have also been ineluded for example, a definition oi 'person' has been included in order to remove any doubt as to whether it includes the govern, ment a definition of 'government underiakins' has become neces~ sary in, view of the occurrence of this expression in several-places in the bill in the new definition of 'true and 'first inventors' it is made clear thatit dees net include the first importer of the invention and the first communicatee from abroad clause 3—in this clause are set out the several types of inventions or alleged inventions which are regarded universally or almost universally as not being patentable in view of the non-availability of case-law on the subject in india, it, would be advantageous to codify this part of the law as generally understood and applied clause 4—for making this law self-contained, a reference to sec- gon 20 of 'the atomic energy act, 1962, is included under which no patent can be granted for inventions relating to atomic energy clause 5—in the case of inventions relating to baby 'and invalid food, medicines and drugs it' would not be in the interests of an under-developed country like india to grant patents in respect of the substances themselves but there is no such objection in relation to the processes involved and' also in reldtion ta: the substances when produced by such processes this clause accordingly restricts patentability, to the processes involved in the manufacture or production of such substances and to the substances when produced by such processes clouse 6—this replaces sub-section (1) of section 3 of the existing act, but has been remodelled on the lines of section 34 of the australian patents aci, 1952 and section 1 of the uk patents aci, 1949, by expressly including assignees, legal representatives, tc among persons entitled to apply for patents clause 7 dealing with the form of application seeks to make it clear that 'every application shall be for one invention only clouse &—as the majority of the applicants for patents in india are foreign nationals and as in several cases the application in india is'for the same or substantially the same invention as that for which a patent has already been applied for in a foreign ecuntry, this clause seeks to ensure that all relevant information as respects such foreign invention ig made available to the controller for the purpose of disposing of questions relating to novelty of invention, patentability, ete, clause %—this clause replaces section 4a of the existing act 'the inerease in the time limit, namely, fifteen months in all in subclause (1) should benefit indian nationals to get the complete specifications in proper order for being filed clause 10—this clause dealing with contents' of specifications corresponds to section 4 of the existing act but has been amplified in the light of section 4 of the uk patents act, 1949, clause 11—this clause seeks to: make provision respecting -the priority date for each claim of a complete specification and is based on section 5 of the uk patents act, 1949, and sections 44 and 45 of the australian patents act, 1952, but its scope is enlarged in order 'to provide for the various contingencies which may arise in the determination of the priority date for each such claim clauses 12 and 13—the existing act does not contain any specifie provision requiring the controller to make a compulsory search for ascertaining the novelty of an invention before its acceptance these clauses make it obligatory for searches to be made by examiners in respect of all patent applications clause 12 also prescribes the time-limit within which such searches should ordinarily be completed anticipation by publication is not to be confined to publication in india as at present and publication of an invention in india or any foreign country before the priority date claimed would constitute anticipation such a provision will enhance the commercial value attached to indian patents clause 14—this clause is intended 'to make it clear that the applicant should be given an opportunity of being heard before any objections raised by the examiner are upheld by the controller clause 15 deals with ike application for patent may be clauses 1§ te 20— these clauses: deal wi suitable orders, under clause 18, where an application and the claims based thereon relate to move than one invention, the controlier may allow the applicant to amend the complete specification by confining it to a single invention clause 17 deals with the powers of the controller for the purpose of post-dating applications, clause 18 deals with the powers of the controller in cases ef anticipation clause 19 deals with the powers of the controller in cases where an invention cannot be performed without risk of infringement of some claira of an earlier patent clause 20 deals with cases where substitution in the names of 'applicants becomes necessary clause 21—this clause provides for the maximum limit of time within which an application or a complete specification should be accepted if the application is not to be regarded us abandoned, as the subject-matter in all these cases is the complete specification, time should commence to run from the date of the complete specification and not from the date of the application' as under section 5(4) of the existing act it would also be necessary to provide for further extension of time where delay takes place in the office of the controller by reason of the investigations to be made by the examiner sub-clause (2) contains the necessary provisions in this behalf clause 22 makes provisions similar to those contained in section 13(1) of the uk patents act, 1949, as respects acceptance of complete specification clause 23 deals with 'advertisement of acceptance of the com plete specification and replaces section 6 of the ex ting act, clause 24—this corresponds to section 7 of the existing act except that the rights and privileges of the applicant commence not fram the date of the accepiance of the application as the existing act but from the date of the acceptance af the coraplete pec: ation, clause 25—this clause purports to retain th procedure for opposition to the grani of patents as being the pubfor oppesition lic interest, at the same time enlarging the grounds mentioned in section 9 of the existing act clause: 26 deals with cases of 'ebtaini which are brought to authorise the controlier light in opposition proceedings and secks to to deal suitably with the opponeni's claim im such cases clause 27—-this clause, modelled on section 15 of the ut patents act, 1949, would be useful where anticipatory publications are brought to the notice of the controller without the informant filing a formal opposition to the grant clause 28—this clause seeks io give recognition to the right of the first inventer to be mentioned in the patent, if he so desires, although he may have parted with his proprietary interest therein clauses 29 to34 seek to afford guidance to the controlier in determining what constitutes anticipation under'the other provisions of the law (for example, clause 13) clauses'35 to 42—these clauses replace in a more comprehensive manner section 21a of the existing act and are intended to secure that inventions relevant for defence purposes which are the subjectmatter of applications for patents are in the interests of national security kept secret any secrecy orders passed by the controller in respect of such inventions are to be notified to the central government and are to be periodically reviewed though applications which are subject to secrecy directions may proceed up to the stage of acceptance they may not be advertised and no patent shall be granted in respect thereof it is also provided that no person: resident in india shall,'except with the prior permission of the controller apply for a patent outside india unless an application for patent for the same invention has been made in india not less than six weeks before the application outside india and either no secrecy directions have been made in india "or such directions have been revoked ariy contravention of secrecy directions will, apart from any criminal liability, render the applicant ineligible to proceed with the application payment by way of solatium is also provided for an applicant who may suffer hardship by reason of any secrecy directions tncidentally it 10(2) for the s of the compl hon +k pd makes ; ; } ion the oe the patent and not the date of the application'as in the existing aci [compare ui the ue, patents act 1949 and 5 co tion 67(l) of the australian petents act, 195: ch 8 replaces see 1 3 a ause 46 replaces section 12 of the existing aci relating te the effect extent and form of pateri in 2 modified form, , clause 47 seeks 1o define in clear terms the rights of a patente rights which rave at present te he determined with reference ve decided cases, in the case of a patent tor a process' it is sought to be made clear that the patentee has the exclusive right 0 the sal in india of article: de by the patented process "such a pr wis " would be of advaniage to indian pétentees, "eee clause 48-—this clausé seeks to provide that the importation o making by or on behalf of the government of any patented imachiri apparatus or other article for the ptirpose merely of its own : tise and the importation by or on behalf of the government of an: _ tented medicine or drug 'for' the purposé merely of its owti nad for distribution 'in certain dispensariés, hospitals or meilical westit: tions shall not' be regarded as an infringement of patent tigh' : the : clause also provides that the use of patented inventions in the course of research as distinguished from use tor commercial pur 0s will not be regarded 'as infringement of patent rights, vee clause 49 replaces section 42 isti u : sg 2 of the existing act and at + same time seeks to ensure reciprocity 5 the mee 50—this clause which ig in modification of section 37 of he existing act, seeks to define the rights inter se-of joint paten tees and follows 'section 54 of the u:k patents act, 1949 tn ade, tion ta cases where a patent has been granted to 'two or more on sons, this clause also covers cases where registered owneérshi ke patent has arisen by assignment or devolution pie clause 51, modelled on section 55 'of the u:k patents act, 1949, seckks to authorise the controller to give directions to co-owners with respect to the exetcise of their rights wherever necessary ° ause 5% secks e! e gecti 2 f the existing act and use 5% seeks to replace section 13{2} of the meh ot clause 5% see! 1 rides for cases where patents have to be vevoke the provides ca dd true and first inventor this clause seeks & every pat 2 modifications the term covery pa clause 53 act with sui it hereatter but n years and not sixteen years as the ca: _ atents e f medicine and drug, where he of patents in the field of food, med g in the cas a hen proi s d the substance w! : r fi roducing a substance an a nen duced coy cach wrooess alone will hereafter be eens ee duced 3 the term will be ten years the fom ot xe ne potent tthe field ef food, medicine and drug would, howe i ven pene ink af f their life or for a peri the remaining period 0! ' fe ee trom the commencement of the new act whichev 3 i 7 the uk patents led on section 26 of t! ts 4, 55 end 56—modelle > : tee at the at £ tom, 'hese clauses considerably modify seetion ae 'isting 'act dealing with the grant of patents o! exis' § t pect of improvements and modifications lications clauses 57 to 59—these deal with amendments of applies ors cc fat ( contro: : l specifications before the 6 eter afin a court he scope of permissible amendments pei at aiken nan 'gnve of an application or a complete specificatio! the coveptance oy ek - 59 it is sought to be made clear that a se ee ae ie paneer 4 i such amendments hax f ecification, only suc pot bave th one et vnaking the claims wider or larger pen thos sneeifcation before amendment will bepermissible : : gti ct and seek " claises 60 to 62 replace section 16 of the existing act storices of i a al moze elaborately with ae be f on wed and the conditions 0 de: to be followed a c rocedure to s, lapsed patents arepesed in connection with such restorations which may use 63 deals with voluntary surrender of patents it is now clause 63 d st i dvertised ided that in addition to the offer of surrender being a vit their pro' i id 1d be notified an in the patent shoul f ted ay ration, paw nonsicerea before the surrender is accep opposition, y, tj ts 6 se and with section 64 deals pedings for rei osed that pracees t isting act it is now prop een: voce 26 of one ould ie only in the high court rhe ground ot peeve clause of patents replaces revocation tom are tion are ni ow amplified in the light of exe en ean person ; oes ° ' i itions under this clause i ; mo aoe rover inte oct and also to the central government:-to apply interes' tion clause 65 is new re mpower the cont specification arne; patent or to have invention relates clause 66—this reprod suitable ga: eguards and is the countey s$ national etonamy, clause 67 seoks to provide for the mainlenay gister and the particul, ats ta be entered into ai preseni plete information as 3 the same cannot he s clause 68 sceks to pro patents which is registradle should be enie in the soon as possible after the: transaction while patent re isters furnish conn prietary interests, interests, regards proaid of licences ang other clauses 69 and 70 deal with the registration of pruprie terests in patents and the power of registered if tors to deal with such patents, clause 71 seeks to provide for the rectific, the high court, ation of registers by clause 72 seeks to dectare tha t the register shall be open to publie inspection clauses 73 to 76 deal with clausé 75 which is new seeks xcept by way of inhich is also new, requires the office from acquiring any interest in batenis e: heritance or bequest clause 76, w employees of the patent office (upc 1 pain ef punishment) to ob- sefve secrecy in tespect of confiden: tial information and documents to which they may h lave access in the discharge of their duties, the general powers of the controller clauses 77 to 81 deal with and their exercise the power: errors in patents or in specific: register, 's include a power to correct clerical 'ations or in other doeumenis or in the \ + he purposes of includes an ex- clause 82 contains certain special definitions, for chapter xvi it has to be made clear that a patenteo clusive licensee who has the sol € vight to grant a sub-licence, clause 82 séeks to emphasize as does clause 94 from another aspect that the main purpose for which a paten: the invention worked in this country t is granted is to have to its advantage, heerc]es wed) in the plioge 3 isting aer clause 86 replaces sections ihe ¢ act, che right at of patents entra g £ as "persons | a cire that other persons to obtain heences he field of drugs, for chemical inz words "licences yy compulsory licence, tances other than cher y respect of is sought to be regel: a 88 suitable proviapplicant re also being made to le a for a licence to iy lon ding smination of the roya visions are intended to secure the preper developm: drug and chemical industries in the country clause 89 seeks to vest a residuary power in the controller to revoke a patent in the event of the invention nct bemg worked to an adequate extent in the country or not being available to the pub- vie at a reasonable price notwithstanding the compulsory vieensing provision, etc such a provision will also have the indirect cffect 4 inducing patentees to imparl to heensees sufficient details as to the know-how for working inentions the clause slso lays down che time limit for the disposal of applications for revocation of patents, clause 90 seeks to define what is meant by the expression "reahave not been satisfied" for the sonable requiremenis of the py parposes of the preceding clauses in the context of an under-developed country hike india clause 91 seeks to empower the controller to adjourn asy proceeding under this chapter for a per od not exceeding 12 months se ag to cover cases where it is sought to be shown that the time netween the sealing of a patent and the apolication under this chapter is not sufficient to enable the patentee to work the invention to an adequate extent & power heences to royalty aad ofner d other matters, clause 9? seeks te sisting act use 99—for governmenis nment undertaking is res cauivale tn addition, the powers scusht to be confe: red @ ito be invoked in relation to cer : private sector which may be notified for th ce: pres 1 government the © pases of government i heing su cases eak to regula clauses 100 and 104 rpas bu s of covernment and the rights of third pa use of any i thereto the authority te autharis he the central government, but th nelude the ovrpotes of a dertakin tion may be use ment government ime tse 109 i clouse 102—this clause enables gavernment to acquire an {sr a public purpose when cl r payment of compensation, clause 102 jurisdiction is sought to be vested in th to decide disoutes relating to the use of any invention for t noses of government clause w4—wh: be brought befor ing 4, dic of patents effe to the, proceedings is given at seyond t court under classe 64, 6€ of the uk patents act, the court to grant declaratory yhere the defendent has not or has not asserted any adverse clause 106 soeks to replace section 36 of the existing act provides for a remedy in case ef groundless threat of jegal pracee; huts ' clause 197—based on : ction 32(4) of the uk patents act, 1949, this clause secks to nrovide that the grounds on which a patent may be revoked would be available as grounds of defence ta an action for infringement the clause also provides that in actions for infringement of a patent in respect of a process for manufacturing a substance, it shall be presumed unless the contrary is proved that every such substance has been produced hy the patented process clause 108 provides for reliefs which may be granted in a suit for infringement, the acts constituting infringement being determined with reference to clause 47 and the terms of the patent cluvses 109 and 110 deal with the right of exclusive hcensees and licensees under section 84 to take proceedings against_infringe- —¥ ment i clauses 111 and 112 seek to replace section 30 of the existing act and restrict the power of the court to grant damages, injunction, etc in certain cases clause 113 seeks to replace section 32 of the existing act, but the power to grant certificates of validity is confined to politions ; for revocation where any such certificate has been granted, this clause secks to regulate the ensts in suits for infringement where a matter is taken to an appellate court hy the patentee, the attack on th? validity of the elairn cannot be said to be frivolous and therefore sub-clause (3) does not vest any such power as to costs in the appellate court 4 clause 114 modeled on section 62 of the uk patents act, 1949, seeks to replace section 5a of the existing act relating to infringement of partially valid specifications (nace senceclause 115-section 35 of 4 under tha nearing of suit: clause seeks to st in mn be appointed, th function remunerstic clause 116 seeks to provide jor peals from orders of frofler in this econnectio: able to provide expressly uo appeal shall lie from ¢ or nd ord 1 covernmeni on the lines of section 109¢l) of ihe trade and merchandise marks act, (988 for the hearing of clause 117 seeks to lay down the proced appeals under section 116, it is in modificalio contained in section 28g of the ex 105(4) and (5) of the trade and w of the provisions sting act and follows section erchandise marks act, 1958 provision is also made that an appeal under the section 116 shouid be heard as expeditioussy as possible and that eve endeavour shall be made to dispose of the appeal within a period of fwelve months from the date on which it is filed clauses 118 to 124 seek to provide for the punishment of offences under the new law the existing act docs not contain adequate provisions in this behalf, the only penalty provided therein (section 78) being in respect of the wrongiul use of the wordy "patent office" clauses 125 to 132— vhe provisions contained in sections 75 and 76 of the existing act on the subject of agency are insufficient to regulate appearances before the controller by persons styling themselves as patent agents it is desirable, as in other countries, that patent agents should be properly qualified to do their work—a work which involves great skill and responsibility "hese clauses, which are new, therefore provide for statutory contrel of patent agents no person whose name is not entered in the register of patent agents will hereafter be permitted to describe himself 9s a patent agent, but nothing in this chaptee would compel an individual to resort to a patent agent for aling his apolication or prevent him from acting in the matter himself or through an authorised agent, clauses 133 to 139 seek to replace section 78a of the existing act which is confined to reciprocal arrangements between indis and the united kingdom and other parts of her majesly's dominions by more comprehensive pravisions apart from making due provision for the mutual protection of inventio a clause on the lines of section 132 of the trade and merchandise marks act, 1958, has also been ineluded (clause 184) whereby nationals of countries which do not accord reciprocity to our citizens will be denied the right to apply for patents, etc in india, clause 149 based on section 57 of the uk section 112 of the austvalian patents act, 1952, and is ime tended to onsure that patent + mt of a monopoly wider in scope o¢ longer ip duration then afforded under the patents by the statute acco dingly, conditions tracts, leases or licences which tend to impose other party with regard to ihe purchase of « of precesses other than the patented article or patented process are yen dered void as being 5 on de injurious te the public interest this cla will also oly to contracts made pefore the commencement of this new law in so far as any such restrictions re allowed in continue after the expiration of one ¥ from such commencement the perind of one year would enable the to have the contracis suitably altered, if they ro choose clause 141 is also new and is designed to counter attempts by¥ patentees to extend the duration o eir patent monopoties beyond the period allowed by statute this clause will enable the patentee, lessee or licensee to determine a contract containing any eh restrictions on giving three months' notice cleuses 143 and 144—these clauses while placing upon the publication of reports of examiners, specificatio seck to vest o discretion in the controller as to the publication of the result of any search under clause 13, such a provision would be of value to inventors who desire to know the extent of a prior mvention, clause 146—this provision which is regarding the extent to which an invention worked in india is necessary for the proper working of this law, part from its statistical value clause 147--sub-clauses (2) and (2} are based on section tl and t1a of the existing aci and sub-section (8) is based on section 116 of the trade and merchandise marks act, 1958 isting ciause 151 seeks to replace section 33 of the ex ore elaborate provisions while orders of high courts re; cevocation of patents or certificates of validity of claims are to be entered in the register of patents, orders of other courts in suits for ;jringement, etc are to be filed in a supplemental register as such orders affect only the parties thereto clause 161—this, clause makes special provisions in respect ot applications for patents which were referred from time te time to the department of atomic energy for directions as they had referto alemie one ibe app ptance pres: iimued ing act now ha thereot; and (3) infringement 3 and sults foc revocation of rinse : atenta pending at the commencement of the new act = tinancial memorandumthe bill seeks to amend end conselidate the law celating to patents contained in the indian patents and designs act, 1911, with 2 view to stimulate inventious among indians and to encourage the development and exploitation of new inventions for industrial progress in india and to ensure that patent rights are not abused, to the detriment of the national interests the patent office, which administers the indian patents and designs act, will have to keep a ciese watch over the commercial exploitation of patents and licensing and other proceedings under the act the steady increase in the number of applications for patenis year after year, the proposal tor extensive world-wide search for novelty, the expansion of the grounds of opposition, grounds for the grant of compulsory licences and the provisions for revocation for non-working, will involve additional functions on the patent office clause 13 of the bill envisages compulsory search for ascertaining 'novelty' of an invention and for determining 'anticipation', the scope of search extending to prior publication not only in india but elsewhere involving as it does much heavier work and responsibility than at present, it will necessitate an appreciable augmentation of the examining and supervisory officers of the patent office further, it will necessitate the setting up of a special abstracting section at the patent office, calcutta, which will engage itself on the collection of all foreign patent specifications and other technical documents, classification of the same industry-wise, preparing abstracts of the same and printing or duplication of the abstracts, ete clause 74(2) of the bill provides for the establishment of branch offices of the patent office at different centres in the country in order to meet the growing requirements of the public and to facilitate registration of patents to begin with, it is intended to have 3 branch offices of the patent office this is on lines similar to the three branch offices of the trade marks registry functioning at caleutta, delhi and madras under the trade and merchandise marks act, 1958 the branch offices will be concerned with receiving of applications for patents, preliminary examination of the applications and amendments thereto, taking hearings and attending to all further correspondence such as communication of orders and the like, except of course detailed search for anticipation which will be conducted at the head office, calcutta la rs 2,57,000 (b) al t sundts, 8 i r ° tb) asst § a s 98,700 3 incidental expenses rs 44,300 total: bs 4,00,000 taking the average of the past 3 years, the annual expenditure of the patent office is of the order of rs 9-5 laiths, while the annual income by way of fees realised amounts io rs, 13-2 lakhs it is to be mentioned im this context that while a general j ase in - 5 b eneral increase revenues may be expeci 'fling of iorges number on account of the filing of larger of applications for paien's year after year and 'also on ceoant ae the enhanced rates of fecs for applications and for renewals yet the reduction of the term of patosts from 14 years to 10 years and the stopping of the grant of product patents in the fields of zood drugs and medicinc will probably offsel to some extent the above ' however, on balance it may expected that the present revenue is ely to be maintained, apart from that as so pertinently pointed out by shri justice rajagouala ayyangar in his report on the revib4 1 be i a palent office shou ance of ae sion of patents lay naintenance patient office should be i > ¢ law "the mainteni : fice i ' a service rendercd to the public, anc this is how 7 considered f yther val } sal a pon th ui & usa a coun poked apor the and other advanced countries & an avs wort het ' e ot merease in the cost ghouid result in 2a mere e in tne therefore if nereast t ne he service, the cost is aly) efficiency of me morandum regardidclause 158 authorises the conduct of procedure in respect of proceed: law clause 159 authorises the ceniral government to make rules for carrying out the purposes of this law the rules are subject to the condition of previous publication the matters set out in that clause in respeet of which rules may be made are matters of a procedural nature and are merely ancillary to the proper implementation of this law the rule-making power sought to be conferred by the above two clauses is of a norraal character snnezuse "wetracts prom cag indian patents and destons acy, vo (2 of 4911)an act to amend the jaw relating to the protection of inventions law relating to the proand desigas by enacted a5 {ollows>— wrervas it 18 expedient 10 arnenc the tection of yavertions and designs; tt is here preleminary yitle, the indian pat ents and designs short dent an com 4, @) this act ray be called act, 1911 / ' mencement _, definitions 2 in this act, unless there is anything repugnant yn the subjec or context-— (yy «advocate general" means an advocate general appointed under the constitution and in relation to the state of jammu and kashmir, the 'advoeate-general for that state: ( "article" means (as respects designs) any article of mantle facture and any substance, artificial ot natural, of partly artificial and partly natural: troller of patents and designs @ "controller" means the co appointed under this act: ¥ (6) "designs" means only the features of shape, configuration; pattern of ornament applied to any article by any jndustrial process or means, whether ynanual, mechanical or chemical, separate or combined, which in the §nished article appeal to and are judged solely by the eyes put does not include any mode or principle of constxuction of anything which is in substance @ mere mechanical device and does nol include any trade mark as defined 0 section 478, = 46 of 1860 property mark as defined in section 479 of the indian penal code: (6) "pisirich court" has the meaning assigned to that expression 5 of 1908 by the code of civil procedure, 1908: x ' roy "ayve os , & "nvention" means any yaanner of new manufacture and includes av improvement and an alleged invention rh, px (l0y "manufacture" inviudes am aking an article, and ducing, or produced by manufacture: g1) "patent" 2 ak pratt 5, (il "patent" means @ paten: gr anied under ovisions of this act: a (12) "patentee" means the person for the time being entered on he register of patents kept under this act as thi or erie s kep is a he grantee or proprietor of the patent: score % ® part !parents application for and grant of patent application 3 () an application for a patent may be made by any person whether he is a citizen of india or not, and whether alone or jointly with any other person : (2) the application must be made in the prescribed form and must be left at the patent office in the prescribed manner , (3) the application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at jeast of the applicants claims to be the true and first inventor or the legal ropresentative or assign of such mventor and for which he desires to obtain a patent, and must be accompanied by either 4 provisiona} or complete specification and by the prescribed fee ; (4) where the true and first inventor is not a party to the application, the application must contain a statement of his name and such particulars for his identification as may pe preseribed, and the applicant must show that he ig the legal representative or 'assign of such inventor specifica— tions , aa (qa provisional specification must describe the nature of the invention (2) a complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed sch fa vhe se8¢ i ethes @) & spect mence with th a distinel sia end with | of the | the conti oller € (4y where suitable drawings -@ of the application, ete 5) acification ating tae 1 applicaiioa was acc , case tre controller application by ot anything west? invention, such model of 3aynp ed before the acceptance of the applic sarnple shall not be deemed to form specification isional § y meys where in purporting to be & complete § he specification as pacification ime for (6) the contro by @ specification applicant go requests, treat fication and proceed with the application ° e wilhia + does not leave a complete aa @) lt the applicant may leave fe at any gutseequen? tims with his application, he nine months from the date of the application: couplet specifica iien ths shall be extended to such of the app cation, 4 to the consaid nine mon! provided that the ding ten youths from the date period, not excee' as may be specified in & request made by the applica® qd the preseribed fee is paid wilhit troller, if the coquest ig made an the period se specified on shall pe dee! e date thereot @) jg the complete allowable under sub-section ), the be abandoned at the expiration of ten = 4 wuauce bro ent therefor and the date ot sealing & sional jou betweco the date proviap g) ad invention may, quring the peri application for a pat and published without pre! quences of use and at, application, be ui tion jonal protection 4, and such protection in this act referred 4 -dated of antethe expression "date of an application for 2 (ay in this section, jeation which 18 post: patent" qmeans, a5 espe! dated under this act, the date to which the applicati dated of ante-dated and means, as respects ny, wher i ily made the date om whi ; drawings vibed manner, cr ° ¢ in the pre application s en wet ation spe been prepare a > he t 2 specification ot-matter tion does not st ect-matter of the invention, or ot suffi o staiernent of claim d at of claim does not lefé after hen complete specification : rly deserihed in ° neh spec eee the invention p ally the same as that plote specificaiion 3 si bstan ed in the pr val § fey the inventio osert b imed is prema face mytion as deseribed and claimec med prima facie facie not a manner of new man ctare mpreyei n y of ne anufact or imprevem! ement, of ecification relates more than one inve: 1, 0: es th one | ver - a or (g} in the ¢ of av: applicati tion tba, the speci ; application claiming priori st an earinens describe: en under tnsvontion disclosed na or substantially different ° prone made outside india hy ane filed with the applic the py virtue of which priority sere of an applicati ' ° 2 ee dew for @ patent of addition yeation is not an i a ven desevibed and claimed in the aprovement or if and clairred in @ modification ed in the original specification, >of that reise to aveept the applicat application or br i i eification op drawings requive that ee i" pain be amended before he yee th ; 1¢ latte oy i ae ae eee wo aitec atter case the application shall foe ee com ; from the time when the requ _ en t ireprovided that, wh en et, wher a specificati 4 invention, the appli ioe entrolten invention, © < application shall, if the controller or ihe a than one je made the 'subie 9 ong invention and the other im aes ne oo heation re ee of fresh applications; ay au pe ee nt | pe proceeded with as a sub dntive a oi on sntrolier may, in bis discretion, direct shat ony weet sek that any such fresh wameg of tag original op application or such lati road application made efore the shail bear the date of the or ia application shall be deemed, for the purof this act, ta have been made on the date which it hears it uch direction: hie may fix, and the f pos accordance with 3 provided further that where a complete spec? jon is left aiter a provisional specification, the controller may, if the applicant so requests, cancel the provisional specification and direct that the application shall be deemed 1 ve been made on the date on which he complete specification was left, and proceed with the application accordingly (1a) if the controller considers, at any time before the acceptance of an application, that the invention claimed therein has been whelly or in part claimed in a specification published on or after the date which the patent applied for would bear if granted, appertaining to an application for a patent which if granted will be of price date co the patent applied for, he may require that the applieeal's specification be amended by the insertion of a reference to such other specification, by way of notice to the public (2) where the controller refuses to accept an application or requires an amendment ot the insertion of a reference, the applicant may appeal from his decision to the central government (3) the investigations required by this section shall not be held in any way to guarantee the validity of any patent, and no lab shall be incurred by the central government or any officer by reason of, or in connection with, any such investigation, or any proceeding consequent thereon (4) unless an application is accepted within eighteen months irom the date of the application, the application shall (except where an appeal has been lodged) be deemed to have been refused: provided that where, before or within three months alter, the expiration of the said period of eighteen months, a request is made to the contraller for an extension of time, the application shall, on payment of the prescribed fee, be continued for any period $9 requested not exceeding in all three months from the expiration of the said period of eighteen months 6 on the acceptance of an application the controtier shall give notice thereof to the applicant and shall advertise the acceptance; and the application and specifications with the drawings (if any) shall be open to pithhe inspection, hilect of accent ance of applica tion, provided that the ayplicant shali not he entitled to not be i eee en giat the al itute any proceedings for infringement until the patent has heen sealed by the indian patents and 8 unquiry before sealing patent re designs (amends th act, 1930 (7 of 1930), s 4 ' me nero person may, on payment of the prescribed ies, at any opposition to grant of patent vithin four months from the date of the isement h e ths fror i f advertisement of acceptance of an application giva natice at the patent office me opposition to the grant of the patent namely srant of the patent on any of the following grounds, {a} that the applicant obtained the invention from him, or om a person of whom he is the legal representative or assi of whom hi ut fr 'al representative or assign {b) that the invention has been claimed in any specification filed in india which is or wil! be of pri a a is ! be of prior date t grant of which is opposed; or © the patent, the _ (c) that the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the specifications; or : (2) that the invention has been i i _ v een publicly used in any part of india or has been made publicly known in any part of tadie: ar , (e) that the complete specification describes or claims an invention other than that described in the provisional specifi tion, and that such other invention either forms the subject af an application made by the opponent for a patent which if granted would bear a date in the interval between the date of the application and the leaving of the complete specification, or has been made available to the public by publication in an: document published in india in that interval; ¥ hut on no other ground (2) where such notice is given, the controller shall give notice of the opposition to the applicant, and shall, on the expiration f those four months, after hearing the applicant, and the oppon im advertisement on acceptance of application, if desirous of being heard, decide on the case , poner' ihe subject fo ap n of the cont (3) 'the nigel government grant soposition, or, ta if the gnd seat: shall ing of such condi- patent ment, to the any) as or in applicants tmf nen 3 ooieation io the vas ® patent to be sealed with 2 patent to be in sub-section (1) utained g that on ike grant to ; ; in writ le (a) en applicant has agreed in w a joint es rill assign it ¢ ther party or to pira of a patent will assist to another party f tent he i assign it pplicant and refuses to proceed ¥: th the application, or applicant ar i od fh thy hy disp arise belween joint 2 ants as to proceeding th) disputes arise betweea joi applicants 95 to ww z | with an application, e rolle: e is satisiic: e 2 f such agreement i i tisfled of the ex ies 0 ee the controller, if he is s a eels im p agreense ae, t in ¢ other ¢a: or, in any otn , direct that such other ty + proceed with the application v ¥ a to be allowed to proceed alone, m oint anali applicants appli ; or joint anplicant or applican : eet a as the ense may c nly atent t t ingly accordingly an and may grant a p: 13) be: 'ovided that— _ onan i controller shall not give any such eared a oy inter sted has had an opportunity of being every party interes him; and ii} an appeal from any su ection shall lie to the cen- (ii) ppeal fro ch direction e to 2 an aa} he ( tral government, 2) a patent shall be s i scon as y be, not after mal , and not af p i be sealed as s as ; inn th oe ation of twenty-four months from the date of application the expirati 2 ri hat,— i f the provide : the controller has allowed an ortension ote (a) where jeation may be accepted, a ~~ time within which an ppphent the said twenty-four months shall as ° be allowed for the sealing of the patent; b) where the sealing is delayed by an appeal to the cen' tral nes ed the se! is government or by opposition to the grant of the patent or by any pr oceedings taken for obtaining a direction of the controller dings ig which wouid ot alix patent ma be seaicd at any y the date of his death or at such later tir: think fit; {d) where for any reason a ; the period allowed by any of the £ séclion, that period may, on payin tof ¢ on compliance with the prescribed condition: extent applied for but rol exceeding th: date of palent, ui except as otherwise expressly pr ovided by thi shall be dated and se aled 28 of ihe date of the application: provided that no pr infringement committed before the advertiser of the application, 12, (1) a patent sealed with the seat ot the patent offre shall, subject to the other provisions of this act, co sfer on the patentee ri¥ect, extent and form of patent, of making, selling and using iavention the exclusive privilege throughout india and of authorizing others so to do, (2) every patent may be in the prescribed form and shall be granted for one invention only, but the specification may contain more than one claim; and it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been stanted for more than one invention or his idaied by an appli- fraudu jent applications for patents 13 (1) a patent granted to the true and first inventor legal representative or assign shall not be invali cation in fraud of him, or by protection obtained thereon oy by any use or publication of the invention subsequent to that fraudulent application during the period of protection (2) where a patent has been revoked by the high court the ground 'that it has been obtai ned in fraud of the truc and first saventor, or where the stant of a patent hos been refused by the controiler under section 9 on the ground stated in clause (2) of subon (1) of that section, the controller may, on tha application of the true inventor or his legal representative or ass: ign made in accordance with the provisio ns of this act, grant to hire a patent for the whole or any par t of the iavention, and the patent so granted shall bear the same date as the patent so revoked, or, in the case of a patent the grant of which has been refused, the same date as would have been borne by the patent tac: iil nad been grar no suit shall be brought ior any infringe cnt ot provided that te when such the patent so granted commitied before the actual da patent was granted, pul in two of mote gingie 13a, (1) where the same applicant has are cognate or modipatent provisional specifications for javentions which fications one of the other, and has obtained thereby concurrent for cognate inprovisional protection for the same, and the controller is of opinion ventions that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification in respect of the whole of such applications and grant a single patent thereon, t the date of the earliest of such applihe validity of the same, and in deter- @) such patent shail bea! cations, but in considering t mining other questions under thi ss act, the court or the controller gard to the respective dates of the eral matters claimed in as the case may be, shall have re provisional specifications relating to the sev the complete specification term of patentpatent for the duration thereof term of 14, (1) the term limited in every yy this act, be sixteen patent shall, save as otherwise expressly provided b: years {rom its date (1a) any patent the origin al term of which had not expired on 1930, shall have effect as if the term nstead of fourteen years, and has been granted for the ving been granied for the or betore the ist day of july, mentioned therein was sixteen years i any license existing at that date which term of the patent shall be treated as ha term as su extended if the licensee so desires, ariy to a contract with the patentee or any into before the ist day of january, 1930, is (ib) where any p other person entered subjected to loss o¢ ability by reason of the extension of the term any district court having juristhis behalf, determine in what liability shall be borne of any patent under this section, diction may, on application made in manner and by which parties such loss or anything therein or in this (2) a patent shall, notwithstanding he prescribed fees within act, cease if the patentee fails to pay u the prescribed times: before, or within three months ment, applies tc the content shall, on payment for eeding in oll three ie for payment, » proceeding is inken ia + coe patent co pret "ecing is taken espect of an infringement of ihe be i committed after a failure to pay any fee within th ribed ti 2 for n ; i i pelore orined sme, and ator any enlargement thereof, the court clone v1 the proceeding is tuken may, if it +h : 1s we a : s tuken may, if it thinks fir x proceed q , teluse to award my damages in respect of such infringement aware extension 45 (i) a patent (i) a patentee may present a petition te the central govern oftermof rent bravine £ patent ah ves: that his patent may be extended for a further term but ich petition must be left at the patent off on @ farther term but re i _ cs t si hs fore the lime hmited for the expi ot whe palenann months beaccompanied by the prescribed f tent and must be aitht ce and must b: arly patentee within the prescribed time and in the meee by the "es a nanner, (2) any person may ¥ i ly si ry within such time as n i on a p 4 ent oe ss may be preser?! 7m bayment ot the prescribed fee give notice to the © wiles at objection to the extension, ontroer of (3) where a petition is ot? is presented under sub-sectio: central government may, as it thinks fit, dispose of th ), the 'self or refer it to a high court for decision e petition (4) if the petition be refi i b crred to a high court, th ing of such petition under this section, the patentee end anys non pve i f , whe as given notice under sub-section {2) of objection, mle! be parties to the proceeding, and the controller shall ve entitled > appear and be heard nett be entified (5) the central gove: © rnment or the high c i tox c c ent ¢ ¢ high court to wh ition as referred shall in considering the petition have venord t wy me aad merits of the invention in relation to the public te the le on the patent and to all the circumstances of the ease, (6) if it appears to the central governm nt ppears ament or i weno petition is referred to it, that the patent has ret bern saat gently oe eeerative, the central government o¥ the high court, fs ie | ase > ay i er anay by order extend the term of the patent for a may orden the nene ing five or in exceptional cases ten years or years es may e 2 ° anew patent for such term not exceeding ten odie ee ied in the order and subject to any restriction court eee sions which the central government or the hi h 7 may be, may think fit 8 yt for am invention bas peett applied for of patents of case mey pe apy addition mnodiiiwa () where @ pate granted, and the applicant of che patentee, as the plies for a further patent in yaspent ch any iraprove! cation of te invention, he mey a applicator the furtbet serra lim that patent for the duration sya} patent of so raueh of that smatter teo if he does 5 a patent met patent request that the thereof be the same 25 that of the eo for such yerm as term as is une! ired, and, ferred 10 a8 & patent of addition) may pe grad aforesaid act, a patent of essly provided 'ray this 7 (2) save as otherwise ¢p addition shall remain jn force a8 sone as the pp i , but ne jonger, and in yespect ©: wat tor the original invention yemains force, fq patent of addition no fees shall be payable tor renewal: provided that if the patent for the original invention is revoked, then the patent of addition shall, if the quinority by which it is fe voked so orders, become an independent patent, and the fees payable, and the dates when they become payable, shall be determined py its date, but its duration shall not exceed ihe unexpired germ of the patent for the original yavention (3) the grant of a patent of addition shall be conclusive evidence that the invention 15 4 proper supjec! tor & patent of addition, and the validity of the patent shall not be questioned on the ground that the invention ought to have beet the subject of an jadependent a patent 5 ceased owing to the jailure of the restorareseribed time, the tion of lapsed patent 46 (1) where any patent ha patentee to pay any prescribed fee within the p patentee may apply to the controller ip the preseribed raanner for an order for the restoration of the patent ent of the eit- (2) every such application shall contain & stavern ayment of the cumstances which have jed to the omission of the p prescribed fee (3) f it appears from such statement yhat the omission was une intentional or unavoidable and that 1° undue delay hag occurred in the making of the application, the controller shat) advertise the application in the prescribed manner, and within such time as may be osition of the patent prescribed any person may give notice of opp office given the controller shall notify the apescribed period the controller (4) where gueh notice is plicant thereo! (5) after the expiration of the pr o the central govern~ subject to any shall hear the case and, subject to an appeal + ment, issue an order either restoring the patent g deerme lo he ad ep conditions and restrict! appli ud rastriclong deers oplication: ton of in of persang who + mg er of atter of the patent al amendinent of app ation of n or specification at, (1 sae ia w (1) an applicant or a po = reasons for, the proposed a tion or ing lett g left at the pate: © may at ai specifica ct fee, seek patent office and y at any time, hy tion b drawi ave to an jhice and accompanied 7 os request hon by rawings forming mend his application mied by the preseriby contre} explanati ting part thereof, w n or specification, inch ibe lew planation, stating the i ereof, way of thelones tion, including he nature of " er, correcti ction or amendment - (2) if the the applicati jon for a patent has not be en accepted, ; the controlle: r shall d ; (if any) th etermine whet! if any) the amendment shall wer and {mblect to what condit stet wed conditions (3) tn an y other a mendment shall be cas fee the request and the nat advertised in the ores pe detore of the proposed prescribed manner, set 'ime within thr vy of 'aree month: y give notice at the mao its first advertiseme , and at anv office of opposition to the any person e amendment (4) where such a notice is ¢i of the opposition to the oe is given the controller sh: person makin r shall give noti 2 notice and decide the case g the r (5) wh ; : equest, and shall hear 'here no noti notice of o; 10 notice ef opposition i pposition sition is give : whether and subject goes not appear, the con or the person so givi fe bead g tie to what conditions, if controller shail determine f y, the amend etermine ment ought (6) the isi decision of the controller i rin eithe to an a an appeal to the cen! 'en'ral government, t case shall be subject ' ent shall (7) no no amendm oath on or specification, a3 at be alowed that would 'n, a3 amended uld make ¢ 1, ake & claim an inv cn in invention substantatly 'y jjarger than, + ; or subsi se the application or tantioly utr ls 'erent from ; leatio <i , the inventi t (8) leave to emend sh nm as it stood before ee claimed by : to amend shall be endm fe make the amendment be conelusive as t ent endiment shall be ad: allowed, except in o the right of the part vertised in th case of f arty a the prescrib: tau > and the and sh form part of the i in all courts ieati and for plication or sneeifinton purposes be deemed ¢, ed manner 1 oo , ue i apply 21 ad @ ag any suit for (8) this section shall not apply when and so long y infringement or proceeding vefore a court for the revocation of the iniring patent is pending gement of a patent or p 48 in any suit for inirin, t 'court may by order allow a court for the revocation of a patent the © ay of disclaimer, correcroreeding before amend~ ment of spetifice— tion by the patentee to amend his specification by wa ch terms a8 to the court tion or explanation in such manner, and subject to su: costs, advertisement or otherwise, as the court may think fit: provided that no amendment shall be so allowed that would make the specification, as amended, claim an invention substantially larger than, or substantially different from, the invention claimed by me specification as it stood before the amendment, and where an spp eation for such an order is made to the court notice of he applica~ tion shall be given to the controller, and the controfer shall have the right to appear and be heard selaimer, restriere an amendment of a specification by way of di : convection oe explanation has been allowed under this act no gam ter very ages shall be given in any suit in respect of the use of the inven wn of before the date of the decision allowing the amendment, unless " damages patentee establishes to the satisfaction of the court that his original claira was framed in good faith and with reasonable skill and know ledge register of patentst the patent, office a book called the register 20 (1) there shall be kept al register of patents wherein shall be entered the names and ade patents resses of grantees of patents, notifications of assignments and ot transmissions of patents, of licenses under patents, and of amen ments, extensions, and revocations of patents and such other mat crs affecting the validity or proprietorship of patents as may be prescribed inventions and address book existing 2t the 2) the register of mn nent commencement of this act shall bi e incorporated with, and form part ; of, the register of patents under this act atents shall be prima facie evidence of any the register of p: ; 'er i ted or authorised to be inserted therein matters by this act direc (4) copies of l deeds, licenses and any other documents affecting license thereunder, must ibed manner for filing ia the proprietorship in any patent or in any be supplied to the controller in the prescr! the patent office covernmenthemselves or (2) the officers or 2 the service of govern be authori agents, contractors or them, at any time after the applica tien, and se the invention for the ms ag may, either before or the applicant or patentee, make service of the government on after the use thereof, be agrecd on, with the approval ef the central government, between such officers cr authorities and the applicant ar patentee, or, in default of agreement, as may be settled in the mariner hereinefter provided and the terms of any agreement or license concluded between the anplicant or patentee and any person other than such officers or authorities, shall be inoperative so far as concerns the making, use or exere ention for the service ise of the inv: of the government (3) where an invention which is the swoject af any patent has, before the date of the patent, been duly recorded in a document by, or tried by or on behalf of, the officers or authorities administering any department of the service of government '(such invention not having been communicated directly or indirectly by the applicant or patentee), such officers or authorities, or such of their agents,-centractors, or others, as may be authorised in: writing by them, may, after giving:notice to the applicant or patentee, make use or exer- o cise the invention so recorded or tried for the service of the govern, ment free of any royalty or other payment to the applicant _ or patentce, notwithstanding the existence of the patent, tf, im the opinion ofsuch officers or authorities, the disclosure to the applicant or patentee, as the case may be, of the document recording the invention, or the evidence of the trial thereof, if required, would be detrimental to the public: interest, it may be made confidentially to counsel on behalf of the applicant or patentee, or to any independent expert mutually agreed upon (4) in the event of any dispute as to the making, use or exercise of an invention under this section, or the terms therefor, or as to the existence or scone of any record or trial as aforesaid, the mattez shall be referred to the high court for decision, whe shall have power to refer the whole matter or any question or issue of fact arising thereon to be tried before:a special or official referee or an avibitrater upon such terms as it may direct, the court, referee or arbitrator, ag the case may be, may sideration the validity cf the p reference 2 cant or patentee and n which entitled to take into cansice in the the applicant or 'patentee, 0: the govern or "4 of such patent: patent, may have received directs ment or from such officers of authorities mment servant y the central h work done provided that, if the inventor or pate ation 3 'and 'the subject-matter of the taver government or state government fo all be setiled by tor patentee and or patent jn the course of such ser any 5! the central government after b any other person having & govern- (5) the right to use an invention for or which ment under the provisions cf this section, or & this section is substituted, shail include, 2 o sell any articles made in pursuance -to have included, the power ed for the seevices of the ger requ of such 'right which are no ton: government (6) nothing in this section shall affect the right of 'the goversiment or of any person deriving title divectly or indircetiy frora the government to scll or use any articles forfeited under any law fer the time being in force relating to customs or excise qa (1) the inventor af any improvement by instruments or maunitions 'of war may (either for or without yaluable consideration) assign to the central government all the benefit of the invention ang of any patent obtained or to be obtained for the invention; and the central government may pe a pariy to the assignment (2) the assignracnt shall effectually vest the penefit of the invention and patent in the central government, and all covenants and agreements therein contained for ic g@ the invention secret and otherwise shall be valid and 'effectual (notwithstanding any want of valuable consideration) and msy he enforced accordingly = by or on-behalf of the central government gnment has heen made, the central gov- @ the publication of the specification, est of the public service, mer in which if is to (3) where any such assi ernment may, at any' time befor 'certify to the controller that, in the inter the particulars of the jnvention and of the max be performed should be kept secret plication and spe amendment of the any copie nts and drawings, shall et af the patent office, be thority of "the again kept sealed | rant aibet shaasia ees ies _ &) on the os shall be deliver (8) where the c application for a pate p 8 as aforesaid after an the publication 'of th s deen leit at the patent office bi vith the drawing we ony), shel the application and specifications , ? ngs gi any}, shall be forthwi y seal > orthority ; > 1 be forthwith pl i s hn by authority of the controller, and the nacket shall 5 a packet oe the auboing provisions respecting a packet subject ¢ central government see sealed by authority (8) no proceeding by "cing by on or othervwii sion ct non } ov otherwise shall lie aon anes ee vent granted for an invention in relation: to rho as been given oy the central government as af cosa s s aforesaid assignment of patent (10) no copy of any specification or ott p ' my as £ p other doc! i 2 etme ee to be placed in a sealed packet, cull ie ae eee ever be published or open te the inspection of tne » oe, " s ; as otherwise provided in this section, the isi " to the central govern ment ct shail apply in respect of any such invention and vatent y atent as aforesaid, ' 1 (11) the central gov ° 1 'al government may at y ti i : of sa ent 'i ry at any time waivi k vpeeifectans with respect to any particular vention aad the < ations, documents and drawings shall be th : wt and dealt with in the ordinary way snceforh kept (12) e communication of any inventi or any improvemen: 12) the commutication of any inv 6 iv on £ in instruments munitions of war to the ¢ al g or to or mu: s of war to the central government or t or any person or persons authorised vernmen in ; auth by the cent ns ' ntral go i vestigate the same or the merits thereof, shall not not shall anyth ing st! : hit jgation, be deemed use ot publigrant of validity of judice the ct done for the purposes of the inv eation of such invention so as to pr any patent for the same compulsory licences and revocation " respect of 22, (1) at any time aiter the expiration of three years trom the applica~ an appliae a > cation date of the sealing of & stent any person interested ma' apply to 'on for ealing » ey ve ° y aep yo seence under nection 22, one or more of the grounds specified in ier the patent the controller upon any sub-section (2) for a licence und n- application under sub-section {2} the greunds vpon which a: (i) may be made are as follows, that is tp say, (a) that the patented, invention, " being capable of being commetcially worked in india, has not been commercially worked therein or is not being so worked to the fullest extent that is reasonably practicable; (b) that a 'demand for being, mact to an adequate extent or on @ the patented article in: india: is not easonable terms, or is tation of the patented , being met to a substantial extent by impor article from other countries; (c) that the commercial working of th ¢ invention in india tation of the patent- "ig being prevented or hindered by the impor - ed article from other countries; i the patentee to grant a (d) that by reason of the refusal o: jicenete or licences on reasonable terms-— @ a market for the export of the patented article manufactured in india is not being supplied, or (ii) the working or efficient working in india of - any other patented invention which makes a substantial contrior development of commercial bution to the establishment or industrial activities in india is unfairly prejudiced; (e) that by reason of conditions imposed by 'the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent or the establishment or development of commercial or industrial n india is untairly prejudiced activities i 1 this section may be made by-any per (3) an application unde! son notwithstanding that he is already the holder of @ licence under the patent; and no person shall be estopped from alleging any of the matters specified in sub-section (2} by reason of any admission made by him, qvhether in such a licence or otherwise, or by teason of his having accepted such a licence reli controller 8 fit; and ma tequie direct that alf of! patent shall be revoke right which he may ha vend the invention or io € use, exercise or the patent; (b) revoke any grant a new licence » he comittee thivks arent a mew the controller think: 7 carey a ice: | 4 mnie ami ny licence held by the applicant in such manner as the controiler may think fil; 3 ty (c) grant a licer x cence under the patent t ) gran u ae f © such cust tre applicant and on such ferms as the controller paiare pel ; a _ ; 2 inks ft, t ihe © neolier is satisfied that the manufaciure, use or sal : - rials not protected by th i y pre cod by 2 he patent is unfairl judi aeosone af ro nd by x s unfairly prejudiced by ons nf eoneitions imposed by the patentee upon the grant ot er the patent or upon th m : 3 b e rch irs c the patented article or process: purchase, hire or use of provided that where t i an e the application i nat 4 ed that y ; tion is made on thi " tene bstenved invention is not being commercially aed im india © act pens worked to the fullest extent that is ' iy icable and it appears t feasonel) ' 's to the controll on wich has elapsed since the granting of the vatent has fon nen eae insufficient to enable it to be so worked he may, rdec, adjourn the applicatic 'will » ore < 'ation for su ri i in-his opinion, give sufficient time for th soe vont ose me ¢ e invention to he so (2) except in cases where the terms of a li : ° 5 @ iicen ave c by salad agreement and such terms otherwise rowite ee wrean to pom @ tee ce as been granted! under sub-section w shalt te any infringesnent ae the patentee to lake proceedings to preve: " any inf neemer fe he patent and if the patentee refuses or ne; toots ar inctiate ure oo months after being so called upon, the ieee ne thigh he ie oevedings for the infringement in his own name " ooatantee ve te patentee, making the patentee a defendant | a patente: a ide as defendant shall not be liable for an son es an appearance and takes part in the procendinate '@ndorsement of govertment, ga at any time 3 the date of th sealing, patent of apply to the controller a amy of applica sion () et § tigm 22 for the ¢ of the tion by fed in subs ces of right" as ade om the patent with the wor diced é qq) an application wr s section may also be @ ground that by the refusal patentee 40 grant licence of g the gablishment of gevelopment of asonable terres qqyities in india is untaicly pp licences © ac mich by the wi ndustrial nm te ° , be one ma have been payable , the contrat of commercial of i ga the pubne expedient or the developmen! t of an imdusty jiament by law union is declared by pat lic interest, js being prevented or hindered (3) where @ patent of addition i aplication under @t sub-section qa either for tno endot qa patent or any 2} the provisions of suba (2) of se the patent of addition shall be deemed to be ap application for the sranied : granted under sub 2} 2 section 23 shall apply te endorsement of both the patents aad where any such application exerct gramied under the said ) as they apply to a licence is granted or refused it shall be dzermed 10 pave been granted or ot powers bic c1) the pow oa i oth the patents es section 22 powers 92 the ; refused in respect of bo hy the pales on applithe fellowine section 238a! shall on application nnder ' ; ; ollowing gener: hoa view + (4) all endorsements of patents made under this section ghail be under wing general purposes, that is to "me a view to securing entered in the register of parents maintained under section 20 section (a) that inventions - : ; 2% or seale in india en be worked on a commerci (6) for the removal of doubts it is hereby deciared that nothing eer worked shall be w ich should in the public inter pmercial in this section shall affect the tight of the central government ot z fullest extent het 4 d theroin without undue delay "s a so any state government to make an application for the grant of a het is reasonably practicable; y and to the licence in respect of any industrial yndertaking of wading activity , (b) that the iaventor « a ; i c ent 'oa patent si : or or other person benefici | owned or earried on py such government to the 'ent shal receive teasonable essen, donel ally entitled : ature i ° e yernuneratio: rf 23pm (1) where the controller jas made an endorsement upon provision ; of the invention; m having regard a patent "licences of right' & sents worling en deve interests ot any person for th m or de t ang - ee 'or 1 sme : (a) any person shall at any time after such endorsement pe endorsed tion of a ten ieee an invention in india under n e being entitled as of right to 2 cence under the patent upon such terms pene } os rt is not unfairly prejudiced re protee~ , ight" 2) subject to t ag in default of agreement yay be settled by the controller on c shall ) 'blest to tha provisions of sub-secti the application either of the patentee or of the person applying such apy determining whether tc make an near ; (1), the controller tor a licences hae ape feation or not, take account of mn _ al fae pursuance of any tet oe mh ce tas cwing matters (b) the controller may, op the application of a person g matters, that jolding a licence granted under the patent pefore the endorsesine (a) the nature of the invention, the ti ment, order the yicence to be yevoked and grant a new licence ' " the sealing of the patent and iime which has elapsed by virtue: of the endorsement upon terms to be settled in the y the patentee or any licensee to make fine a already taken aforesaid manner (b) 'the ability of wake full use of the invention; aren y of any 7 (e) if in proceedings for the infringement of the patent a granted under the tee te work to whom a licence is to be (otherwise than by the importation of the patented articte from advantage; and work the ation to the public other countries) the infringing defendant is ready and will: © th p {d) the renewol fe dorsed shall, as fr tw of the & only of the fees which ¢) the risks to be und i taken by capital and lei incicr m by that person in pr: but shall not a working the invention if the a teation ie geenteds yee 7m } = ranted; the application of matters eubsequent to the sante eerie tions re- 230, lating 8 aet, wh jeine, it~ food er af food, medicine, 7 ate 7 aforesaid; {b} a process for gendueing euch ~ or ' ng o¢ ag part of & (c) any invention capable of being used as of 2°) e) any rave' , ; > rative devici surgical or cnivadt person ade to him by x the controller shall ot bs of adiconce under the interested, order the gr th aifess hh appears to him that such terms as he thi orn atent on such application _ there ave gond reasons 4of vefus pe the con here ate £ 1 the af ge: s under ne a ing the terms of heence: anes insecticides, (2) in settling t to secure that food, medicines, in nal be ao jeavour "oo ive devices sha troltes ides, fungicides, end al and a actent with the fat idles, 2m") - reg! ag cops: ale ee coo ie to the public at the lowest prict availanic fa teaconable edvantage fr patentees' deriv 3 ence granted under tot acts all entitle the lic o ection shail entitl he (3) a licence gta nied vader this 6 aon to ach i rend the inve: j to make, use, exercise and \ ord he rae ose 08 el nore oe ae punsici s part anwecticide, germicide ot fungici ti pe ae or os tose eae medicine insecticide germicide or fang, tion of mn 7 4 ther purposes of a surgical or curative devic ui for no 0 tion ch j jo-0c~ t an a patent referred to in sub - (4) where a patent othe ° substance or process for produc eee the com government fs satisfied that it is ~ con aie inter st that a licence under suc! ing a substance anc gor weaiiont or necessary in the poo eel aa yment may yy notions of sub-secand , patent 5 anted, the c ; a vatent should be arms ite direct that the pre 5 a tion ; ng the erant of licences i far as they can be made aan 4 a patent, and on the issve of such 4 2 os shall apply aneordinglyfen settling of the term: cabic, shall apply to suc jon the said provisions con 22, section 234 of sec- (1) every aoplication under section 2 ne at ee ify the nature of the order sough' by thy mee aien 23cc, shall spechiy ord oe auc i gta + se at cant and shall eomrtain a state em ts he eh uh se ication arest, tf any, ene e facts uf applicant' is based jg satisfied, upon © sideration of any i up ons tion of (2) where the controtle ha: be nn made out for the ise has bee it to serve copies o pearing applicat that a prene facie ; anc oe a order, he shall direct the applican raking r a the patentee and any other pers ons 4 the application upo th tentee and a th e" he ap r jz invener ithin vneh time as as the comivoller me or after the expiration of 7 controller notice of opposition > any such notice of opposition shall contain a statement getting out the grounds on which the application is opposed, {5} where any such notice of opposition is duly given the convoller shall notify the applicant, and shall give ta the applicant and tbe opponent an opportunity to be heard before deciding the case supple- 23k (1) any order made by the controller under section 23, rovitieas ction 23b or section 23cc for the grant of a licence shail, without with res- prejudice to any other mode of enforcoment have effect as if it pect to were a deed, executed by the patentee and all other necessary orders parties, granting a licence in accordance with the order under section 23, (2) notwithstanding anything coniained in this act xno order section shall be made in pursuance of an application under section 23 or section section 234 or section 23b or section 283cc which would bé at 2300 variance with any treaty, convention, arrangement or engagement applying to india and any other country appeals 23f, (1) an appeal shall lie to the high court-at calcutta from any order of the controller made under section 23 or section 238a or under clause (a) or clause (b) of sub-section (1) of section 23b or under section 23cc (2) every such appeal shall be made within three months of the date of the order passed by the controller and shall be in writing (3) in calculating the said period of three months, the time, if any, occupied in granting a copy of the order appealed against shall be excluded : procedure 23g, (1) when an appeal has been preferred to the high court forhear at calcutta under section 23f, it shall be heard by a bench of not ing of less than two judges appeals (2) the bench hearing the appeal may, if it thinks fit, and shall, on the request of ithe parties to the appeal, call-in the aid of an assessor specially qualified for the purpose, and hear the appcal wholly or partially with his assistance procedure on application under section 22, section 23a of section 23cc, if any, to be paid to an assessor under (a) the case this section § be deiermined by the high court cpenses of the execution of this of the aid by it as pa d ales i, ach gd a patentee may at any time, by giving notice in the preserib- power of ye controller ed manner to the controjler, offer to surrender nis patent, and th controller may, it afler gviig nolive of the offer and hearing ail ® revoke parties who desire io be heard he thinks si, accept the offer, and aed thereupon rnake an order for the revecation of the patent potent pe deemed to be royoked if the central gov- revoca- 23 a patent shall he patent tion ot erninent declares, by notification in the official gazette, t or the mode in which it is exercised to be mischievous to the state patent on public or generally prejudicial to the public prounds i legal proceedingsotain- petition { wi __ voeation following grounds, namely: of patent 26 (1) revocation of a patent in whole or in part may be o ed on petition to or on @ counter-claim in 2 suit for infringemen pefore a high court on ail or any of the (a) that the jnvention has been the subject of a valid prior grant of a patent in india; (b) that the true and first inventor or his 'legal representa- hive or assign was not the applicant or one of the applicants for the patent; ained in fraud of the rights of (c) that the patent was obt: any person under the person applying for the revocation or of or through whom he claims; (a) that the invention was not, at the date of the patent, 2 manner of new ymanufacture or improvement, {e) that the invention does not involve any inventive step, having regard to what was known or used prior +o the date of the patent; (f) that the invention is of no utility; (g) that the complete spe cification does not sufficiently and the nature of the invention and formed fairly describe and ascertain the manner in which the invention is to be per (h) that the complete specification does not sufficiently and clearly ascertain the scope of the invention claimed: (i) that the patent was obtained on a false suggestion of yepresentation; 129 ~~that ¢} that the primary or intend ed use or exe gs vention: is contrary to law: gs) that the nstent wiih, the con ' de ; est (i) that the compiate vest me metic ethod of performance of the i left kant for the patent at the th ne when eft at the patent: office; ne be ete or (m) th i that pr other penn tor to the date of the patent, mont ce hot geing authorities adra nish rg any der u service of gove ve agents or ane of of any othes of government, or the agent se cnnteciars tat goes eens authorised in that be sie by, the cons er per n that be: + for re- ' ecretly wr i mercial scah 7 ercly by we cee woele andes ne mvent experiment) i: i ra cheney : exnerime via tndlia, and thereby mm: de "ireet oc indivest ia te yom dire yt fon of ake ° such amount as court 3 vin ns ne cireustances of the case di 'tessonables he ca sem reasonable; 2; _ (0) that thei ; is not the sare avantion claimed in the complete specificati tion, and that the in at contained in the provisional speciaen, in the provisional vention claimed, so far ag it is al specifica the complete g _ specification, was not ni ss not contained specification was filed: ew at the date when provided that thi ection ve effsct in rel the is sub-secti 4 arcu a see ion shall have effsct in relation to th ek ss h (@) in clause ( subject to th; ovisions 6 o wba or lau: b), 7 fo the provisions of s ms of seclion 78a, fon 38 and () in clause e (d), subject (2) of sectio: (d} subject to the provisi section 40 1 13, sub-section (12) of seetion 214 of gub-section (2) a petiti on for revocation of a patent may hb t e "presented— {a) by the advocate genera any person authorize, peate g al or a ks by erson i th d (6) by any person alleging - a whom he (i) that the patent wa: ' or of the ri s obtained in £ ey us claims; or rights of any person ander ov through bis rights, i) that he : , of any pel claims, was the true an person under or through whom he cluded i c d first inve i led in the claim of the pat centr of any invention inentee; or iii) that he, or any person under or through whom he claims an interest in any lrade, bus or manvyfacturc, had publicly marnifactured, used or sold the date of the patent, anything clali his invention s6f 1908 (3) the high court may, irrespective of any provisions of & code of civil procedure, 1908, in this behalf, require any person other than the advocate general or any person authoriz ad by him, applying for the revocation of a patent te give security for the © y ment of all costs incurred or likely to be ineurred by any pers: appearing to oppose the petition 27, gq) notice of any petition for revocation of a pater under novice of section 26 shall be served on all persons appearing from the rogistt® paes i" to be proprietors of that patent or to have shares or interests 4 ae persons in, and it shall not be necessary to serve the notice on any other jy evesi person ed (2) the notice shall be dezmed to be sufficiently served ia copy thereof is sent by post in a registered letter directed to the perso and place for the time being stated in the register 28, (1) a high court may, if it thinks fit, direct an issue for ee duel trial, before itself or any other high court, or any district trial i jon 2 of any question arising upon a petition to itself under section 2, proce and the issue shall be tried accordingly ater (2) if the issue is directed to another high court, the andine shall be certified by that court to the high court directing tn? issue - (3) if the issue is directed to a district court, the anding of tat court shall not be subject to appeal, but the evidence al " pon the trial shall be recorded and a copy thereof, certified by tbe judge of the court, shall be transmitted, together wi 1 marks which he may think fit to make thereon, to the 'at en directing the issue, and the high court may there pon he the finding of the district court, or dispose of the peti i ann evidence recorded, or direct a new trial as the justice of tne may require i +t in a district rt having suits for 29, (1) a patentee may institute a suit in a district court ing fringe £ i t vho, duting tot jurisdicti suit against any person who, ming ment 6 a rere of 2 on hee by him unde: this act in respect patents covitinuance of a patent acquired by him ul t oe bis of an invention, makes, sells or uses the invention i its it, or imitates it: license, of counterfeits it, provided that where counter claim for revacation of the patent made by the defendant, the suit, alon, (2} every ground on which a patent lion 26 shall be available by way of det ment ' 30 a patentee shall not be entitled to recover any damages in respect of any infringement of a palent granted after the commencement of this act from any defendant who proves that at the date of the infringement he was not aware, nor had reasonabia means exemption of innocent infringer from liability for darnages of making himself aware, af the existence af the patent, and the marking of an article with the word "patent", "patented", or any word or words éxpressing or implying that a patent has been obtained for the article, stamped, engraved, impressed on, or otherwise applied to the stticle, shall not be deemed to constitute notice of the existence of the patent unless the word or words are accompanied by the year and number of the patent: provided that nothing in this section shall affect any proceed- 's¢s for an injunction 31 in a suit for infringement of a patent, the court may, on | order | for ||----------|--------|| inspec- | || tion, | ete || in | suit, |the application of either party, make such order for an injunction, inspection or account, and impose stich terms and sive such directions respecting the same and the proceedings thereon, as the court may see fit 32 in a suit for infringement of a patent the court may certify that the validity of the patent came in question and if the court so certifies, then in any subsequent suit in that court for infringement of the same patent the plaintiff, on obtaining a final order or indgement in his favour, shall, unless the court trying the suit certifi cate of validity questionedand costs thereon otherwise directs, have his full costs, charges and expenses of and incidental to the said suit properly incurred 33 a court making a decree in a suit under section 29 or an order on a petition under section 26 shall send a copy of the decree or order, as the case may be, to the controller, who shall cause an entry thereof and reference thereto to be made in the register of natents ! ° transmission of decrees and orders to the contro}ler, resented under power a been presented un of poe 4 & high court to which a petition ha jismise the petition if eete yings on or dismiss the p' meout fn a ito esd be ais osed of more justly of slay proopinion the petition would be dispes say pr ently by another high court wee roceeding for infringement of if it thinks fit, and shall on @ ; revocation of hearing he request of sessar spec call in the aid of an as: ly or partially with 35 (i) in a sult or p watent, the court may, | thi oy! thie panties to the proccedings ll pially qualified, and try the case who - mee «of nh sayt ton t spect of sucr ; 2) a court exercising appellate: jurt oie 7 ne q proceeding may, if it thinks ft, callin the suit or : ng aforesaid (3) the remuneration, i any, to be paid to an assesso » this y, i ssessor under © paid to an ass 5 'ne secoronned by the court and be pal section shall in every case cution of this act, : it as part of the expenses of the exe ny ained in section i9, it the grant of atent finds that any one rater ot « a withstanding anything con are fringement of a pi i ion for in p court in any action a or rnore of the claims in the specifica imfringement is alleged are valid, it may espect of which the perionlar subject to its discretion a aims amages should be reekones to costs and as to the date from wrien 'i ae oom ni able grant to amendment as gs and to such terms as infri y without ims which are infrin ; ut ief i any of such claims which fnged i voeerd ¢ ret valtdity of any other claim in fhe sp ao efon regard: to och discretion the court may take into saar whe cond f the parties in inserting such inv the conduct 0 s rer specification or permitting them to remain here: m a patent, remedy a i est to have af er any other incase of 26 where any person claiming te ie, threatens en cased ; "oh lars, advertisements or © se bi in respect of any ary by circulars ceedings or liability thereby 183 person with any lexet pm tent, any person aggrieve threats of pers ent: erso infrt the pe avi nurisdictio® tesa] pr ea ee ait caeinst him in a district court havin 6 may bring a sur 'yy ins contl ceedings: inj i st the | co! cee' ast it, and may: obtain an gnjunction - agat ta try the suit, a yer such damage hf any) as 2 ti uch damage ( , and may recover sue va which the nuance of such threats, net eee yaising wt to neh & veewate ' tin fact an qnfiringement of the paten threats related was not i jon for 7 if an action of tion shall not apply i on due utes 4 is commenced and prosec! provided that this sec' infringement of the paten diligence miscelianeousgrant of i ib 37, where, after the commencement of this aci, granted to two or n cng jointly they spall va: itor the pi persons, joing tenants contract to the contrary, each of such, persons use the invention for his own profit without others, but shall not be entitled to grant a licence w consent, and, if any such person dies, his beneficial + 'atent shall devolve on his legal representatives, public | use | or ||-----------|-------|| know- | || ledge | of || invention | |38 the publie use or knowledge of an invention in india before the date of the application for a patent thereon shall not invalidate the patent granted thereon if the knowledge has been otained surreptitiously or in fraud of the true and first inventor ev hig legal representative or assign or has been communicated to the public in fraud of such inventor 'or his jegal representative or wisign or in breach of confidence: provided that such inventor or his legal representative or assign has not acquiesced in the public use of his invention, and that he applies for a patent within six months after the commencement 'ot such use diseon formity 38a a patent shall not be held to:be invalid 'on the ground thas the complete specification claims a further or different invention to that coniained in the provisional, if the invention therein claimed, so far a3 it ig not contained in the provisional, was novel al the date when the complete specification was put in, and the applicant for the patent was the true and first invenior thereof, or the legal representative or assign of such inventor, | loss | or ||---------|-------|| destruc | || tion | of || patent, | |39 lf a patent is lost or destroyed, of its" non-production is accounted for to the satisfaction of the controller, the controller may at any time, on payment of the prescribed fee, seal a duplicate thereof 40 the exhibition of an invention at an industrial: or other exhibition to which the provisionsof this section: have been extended by the central government by notification in the official gazette, or the publication of any description of the invention during: the period of the holding of the exhibition, or the use of the invention for the purpose of the exhibition in the place where the exhibition sions as to exhibi tons and readings before learned societies, is held, or the use of the invention or the publication cf any deseription thereof, during or after the period of the holding of the exhibition, by any person elsewhere without the privity or consent of the inventor or the reading of a paper an inventor society, or the publication of that paper in the s shall not prejudice the right of the inventor to apply for learned asactions and obtain t foany pf a patent in respect of the invention, or the validity granted on the application: provided that— (a) the exhibitor exhibiting the invention or the inventor reading the paper or authorising the publication thereof, as the case may be, gives to the controller previous notice in the preseribed form; and : (b) the application for a patent is made before or within six months from the date of first exhibiting the invention or of the reading of the paper, as the case may be, or when it has not been so read, of the said publication 41, the trustees of the indian museum may ai, any time require models to a patentee to furnish them with a model or sample of his invention b® ne on payment to the patentee of the cost of the manufacture of the ™s7© indian model or sample, the amount to be settled, in case of dispute, by the juseum central government 42, (1) a patent shall not prevent the use of an invention for the foreign purposes of the navigation of a foreign vessel within the jurisdiction vessels in of any court in india, or the use of an invention in a foreign vessel indian within that jurisdiction, provided it is not used therein for or in connection with the manufacture or preparation of anything intended to be sold in or exported from india (2) this section shall not extend to vessels of any foreign state of which the laws do not confer corresponding rights with respect to the use of inventions in indian vessels while in the ports of that state, or in the waters within the jurisdiction of its courts 51b the provisions of section 21 shall epply to registered designs registraas if those provisions were re-enacted herein and in terms made tion of a ; designs to applicable to registered designs pind the government 34, the provisions of this act with regard to certificates of the appiica validity of a patent, and to the remedy in case of groundless threats tion of of jegal proceedings by a patentee shall apply in the case of regis- certain tered designs in like manner as they apply in the case of patents, oe with the substitution of references to the copyright in a design for aut ast references to a patent, and of references to the proprietor of a design patents to for references to the patentee, and of references to the designs for designs references to the invention grnbralent office and proceedings thereat a p of 58 (1) the central government may provide y the purposes pateny ver office of this act, an office which shall be called, and is in th: to as, the patent office (2) the patent office shall be under the immediate contro! of the controller of patents and designs, who shall act under the supcrintendence arid direction of the central governrnent (3) there shall be a seal for the patent office (4 any act or thing directed to be done by or te the controller may be done by or te any officer authorized by the central government 56, the central government may appoint the controller, and so officers many officers and clerks, with such designations and duties, as i) and thinks fit clerks, fees57 (1) there shall be paid in respect of the grant-of patents and fees the registration of designs, and applications therefor, and ih respect of other matters with rélation to the patents and designs under 'this act, such fees as may be vreseribed by the central governrhent, so however that the fees prescribed in respect of 'the instruments and matters mentioned in the schedule shall not exceéd those there specified : , $ = 59a a person making a request to thecontroller in the brescti>- toma ed manner as respects any patent specified in the request or (a8 tion relat respects any application for a patent so specified, for information ing to to be furnished to him by the controller of any such matters as may patents be prescribed affecting that patent or application, shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly, ' | | | % | a | ea ||------|------|------|------|-------|61 (1) where an application for a patent has been abandoned of pryonibi- 4 i ings (if tion fications and drawing: shea been refused, the speci: : saw a pubties deemed fe ne : oe lett in connection with such applicatio! sh ton of se ee ae others : ssly provided by this act, al any time ois se e : : : not, save agotherwise expr vo ished by the controller cation, be open to public inspection or be published 8 drawings, where application abandon ed, ete ; , power 62 the controller:inay, on request' in writing accompanied by for con a troller the' prescribed fee,— to correct i i i ith an : {a) correct any clerical error in or in connestion with cleric : i specifica 3 rs application for a, patent or in any patent or any spec 3 erro! (b) correct any clerical error fo ihe sere ot any stent i i me or address of the pr see eae in ae other matter which is entered upon the register of patents or the register of designs - atey of erson becomes entitled by assignment, trans assign wo oo ther open tion of law to a patent or to the copyright in ments and register rae on he may make 'application to the controller _to transmisa registered te eed the controller shall, on receipt' of such applica- sions tn sey on pret of title to his satisfaction, régister him as the x oe "ctor of such patent or design, and shall cause an ony toe ede in the prescribed inanner in the register of thé assign transmission or other instrument affecting the title, veunsoe on (2) where any person becomes entitled as mortgagee, re ane otherwise to any interest in a patent or registered oe pied make application to the controller to register is fe and oe troller, shall, on receipt of such application an @ cave me te his satisfaction, cause notice of the interest to we eee prescribed manner in the, register of patents or des oe tine ao may' be with particulars of the instrument, if any, interest a ; : 7 - (3) the person registered as the proprietor ofa pants anne : hail subject to the provisions of this act and to any hts ap ee fi the register to be vestéd in any other person, p wen abe tutet to assign, grant licences as to, or otherwise deal a 5 the vatent or design and to give effectual receipt for any consideration 'for any such assignment, licence or dealing: provided that any equities in tespeect of the patent or design may be enforced in manner ag in respect of any other moveable property (4) except in the case of an applicai made ander section 84, a document or instrument in tespect of which no entry his been made in the register in accordance with the' provisions of subisactions (1) and (2) shall not be admitted in evidence in any court in proof of the title to a patent or to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs, rectificae &4 (1) the controller may, on the application in the prescribed tion of manner of any person aggrieved by the non-insertion in or ornission register from the register of patents or designs of any entry, or by any entry made in either such register without sufficient cause, an error or defect' in any entty in either such register, make such order for making' expunging or varying such entry as he thinks ft and rectify the register accordingly - oe la e ar '& " (5) nothing in this section: shall be deemed to empower the controller— : (a) to rectity the register of patents, or to decide any question relating to a patent, otherwise than for the purpose of correcting a mistake of fact apparent from a reference either to the patent itself or to some order of &,competent authority made under any other provision of this act, or |' a + id ve publica- 66 the controller shall issue periodically a publication of patention of ted inventions containing such information' as the central governpatented ment may direct, 7 inven 2 : ; cee tions - - exercise 67 where any discretionery power ig by or unde¥ thisact given ofdiscre to the controller, he shall not exercise that power adversely to the tionary applicant for a patent, or for amendment of an application: or of 'a power specification, or for registration of a design' without (if' so' required pense within the prescribed time by the applicant) giving the applicant an opportunity of being heard - - = ee, ad & = a grant a patent tor @9 (1) the controller may refuse to use would, in his invention, or to register 2 design, of which the opinion, be comtrary to law of morality es " + es a if docuyitten copies or extracts, purporting 46 la, printed or w certified by the controller an office, of or from patents, specificat geal of the paieut & d sealed with the contin jons and other documents in the batent patent office, and of or from registers and other books kept there omee, shall be admitted in evidence in all courts in in ang in all pro- hout further proof or production of the originals: ecedings, wit fs % 72, copies, of all such specifications, drawings and amendments transmisleft atthe patent office, as become open to public inspection under sien of the provisions of this act, shall ve transmitted, as scon as ma be, copiss of after the printed copies thereof are availabic, to such authorities 'fore n tin thig bebal!, and shall anding at_all reasonable times at pection the weceot ag the central government may appoin pe open to the inspection of any person places to be appointed by those authorities and approved by central government = g notice of any opposition under this gconrit f appeal from any decision ot for costs, s nor carries on business q4a where a person givin: act or giving notice to the court o the controller under this act, neither reside: in india, the controller or the court, as the case may be, may require such person to give security for the payment of all costs jncurred and likely to be incurred in the procecdings or appeal, as the case may be, and, in default of stich security being given, may disallow the opposition or dismiss the appeal , agency75 the following documents, namely ,— subsorip- saeed e, tent, tion and (), applications for a pal ent, verifica- (2) notices of opposition, tion of (8) applications for extension of terms of a patent, certain (4) applications for the restoration of lapsed patents, docu ments (5) applications for leave to ameénd, (6) applicatioiis for compulsory licence or revocation, (1) riotices of surrenders of patent, and: (8) applications for entlorsement of patent with- the words "licenses of 'right', : " shall be signed and verified, in the manner' prescribed, by the person making such applications or giving such, notices: prayi ad that absent trom india, ray he signed authoriz signed by, and all att yor through a le: o the satisi lor or hy oner or by controller if he sees fit, reyuive— + he persona on a i the personal signature or prese of a pplica i " ' mee ny applicant of powers ate tral wwers, etc of central government 37, (1) the central g think: ar ~ i overnment may make hinks expediont subject to the provisions of this uch rules as it fs power for central govern-~ ment to make rules, (c} for making i ¢ taking or requiring duplicates 1 i crawings and other documents: - © of "specifications, gy ¢£ ; copie, > fer secu ing and regulating the publishing and selling of spies, ch prices and in such me e serine of government think: manner as the central s fit, of specificati i ntra documents; pecifications, drawings and other {e} for securing and regulati gulating th i inti list " 7: : ya gu ig the making, printiy ishing and selling of indexes to, and abridgment of see ee, ' s and other documents in the patent office; and sevichng or the inspection of indexes and abridgment 4 providing ments: ents and other cecu- {eee} for ensuring secrecy with respect to patents to w ecy u z cowtion mee pect nts to whieh i (2a) nothing in sud-section (j _ ga) n is m (2) shall apply in the ¢ nade ier the purpose specified in clause tee) oat sub-section oy noma i ra i 3 y such rules may modify any of the provisions 'of thi pas as may be necessary for that purpose 8 act so for ¥ offences7@ if any person uses on his slace of business, or on any document issued by him, or otherwise, the words "patent office", or any other wor ling that his place of busin: is officially wrengtul use of words "patent oifice" 1¢ pateiwt office, he shall be punishable with io two hundred rupees, and, in the case ith further fine of twenty rupees for each ued alter coiviction therefor, of a continuing offcenec day on which the off reciprocal arrangements with the united kingdom und other parts of his majesty's dominions 78 (4) whereas his majesty has by order made on the 28th united kingdorn and other parts of his majesty's dominions day of july, 1938, declared british india to be a convention country within the meaning of section 91a of the patents and designs acts, 1907 to 1938, any person who has epplied for protection for any invention or design in the united kingdom, or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the patent that may be granted to him under this act, for the said invention or the registration of the said design under this act, shall be in priority, to other applicants and shall have the same date as the date of the application in the jaited kingdom: provided that— (a) the application is made in the case of a patent within twelve months, and, in the case of a design, within six months from the application for protection in the united kingdom; and (b) nothing in this section shall entitle the patentee or the proprietor of the design to recover damages for infringements »appening prior to the actual date on which, in the case of a patent, his application jis accepted or, in the case of a design, the design is registered, in india (2) 'the patent granted for an invention: or the registration of @ design shall not be invalidated— (a) in the case of a patent by reason only of the publication of a description of, or use of, the invention, or (b) in the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design, section as that within in india during the period specified in this which the application may be made, 3) t e applicati ki n under this section an ordinary application unde; provided that in the ca (a) the application sha? by a complete specification; and eighteen raoaths artes r ss(b) if the application is from the date of the application fot protection in the tjnited kingdom, the specification shall, with the drawings gf any) supplied therewith, be open te public inspection at the exp of that period (4) where il is made to appear to the central goverament that the legislature of any other pari of his majesty's dominions has made satisfactory provision for the protection of inventions er desi, s patented or registered in india, the central govern: ent may, by notification in the official gazette direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection af inventions or designs patented or registered in that part of his majesty's dominions os f v the bdule(see section §; pres be on application for a patent accompanied by provisional specification : : on filing complete specification after provisional specification on application for a patent accompanied by complete specification : : : for sealing a patent before the expiration of 4ih year from the date of the patent before the expiration of the sth year from the date of the patent before the expiration of the 6th year from the date of the patent b: fore the expiration of the 7th year from the date of the patent before the expiration of the 8th ycar from the date of the patent 100 before the expir ion of the 9th year from the date of the patent here) before the expiration of the 10th year from the date of the patent 100 before the expiration of the r1th year from the date of the patent before the expiration of the 12th year from the date of the patent before the expiration of the 13th year [rom the date of the parent before the expiration of the 14th year from the date of the patent before the expiration of the 1th year from the date of the patent provided that the fees for two or more years may be paid in advance on application to extend the term of a patent in respect of each year of the extended term of a patent or of a new patent granted under section 15 an application for registration of a design

Parliament_bills

29246c32-e00e-5c6e-a53f-b6276ecbc970

from ninety-five years to less fifty per cent of basic pension or than hundred years family pension from hundred years or more hundred per cent of basic pension amendment of 11 in section 23 of the supreme court judges act, in sub-section (/a), the words section 23 "plus thirty per cent of the dearness pay" shall be omitted amendment of 12 in section 23b of the supreme court judges act, for the words "ten thousand" and section 23b "seven thousand five hundred", the words "twenty thousand" and "fifteen thousand" shall respectively be substituted amendment of 13 in the schedule to the supreme court judges act,— the schedule sali (a)in part — (iin paragraph 2,— (a) in clause (4), for the letters and figures "rs 6,030", "rs, 1,82,820" and "rs 15,360", the letters and figures "rs 12,180", "rs 3,69,300" and "rs 31,030" shall respectively be substituted; (b) in the proviso, for the letters and figures "rs 2,97,000", the letters and figures "rs 6,00, " shall be substituted; (ii) in the proviso to paragraph 3, for the letters and figures rs 2,70,000", the letters and figures "rs 5,40,000'" shall be substituted; (6) in part i1,— (jin paragraph 2, in clause (6), for the letters and figures "rs 16,898", the letters and figures "rs 33,795" shall be substituted; (c) in part i11,— (i) in paragraph 2,— (a) in clause (6), for the letters and figures "rs 7,800", the letters and figures "rs 16,020" shall be substituted; (b) in the proviso, for the letters and figures "rs 2,97, "and "rs, 2,70,000", the letters and figures "rs 6,00,000" and "rs 5,40,000" shall respectively be substituted or family pension ) ° is 5 statement of objects and reasonsthe salaries, allowances and pensions of the judges of the supreme court and high courts were last revised with effect from the | st day of january, 1996, as per the high court and supreme court judges (salaries and conditions of service) amendment act, 1998 the sixth central pay commission recommended revision in the salaries and other allowances, and pensionary benefits of the central government employees including the members of all india services the government has accepted the majority of the recommendations of the commission and issued orders the revised pension rules have come into force on the ist day of january, 2006 2 the need to increase the salaries, allowances and pension of the judges of the supreme court and the high courts has been necessitated because of the increase in the salaries and allowances and pensions of the central government employees on acceptance of the recommendations of the sixth central pay commission by the government 3 the high court and supreme court judges (salaries and conditions of service) (amendment) bill, 2008 seeks to revise the salaries of the judges with effect from the ist day of january, 2006, as follows:— chief justice of india - from rs 33,000/- pm to rs 1,00,000/- pm judges of supreme court - __ from rs 30,000/- pm to rs 90,000/- pm chief justice of high court - from rs 30,000/- pm to rs 90,000/- pm judges of the high courts - from rs 26,000/-pm to rs 80,000/- pm the bill also seeks to revise the rates of sumptuary allowance and scale of free furnishing admissible to the judges of the supreme court and high courts by doubling the existing rates with effect from the i st day of september, 2008 4 the rates of pension of the judges of high court and supreme court were last enhanced with effect from the ist january, 1996 by the high court and supreme court judges (salaries and conditions of service) amendment act, 1998 and the high court and supreme court judges (salaries and conditions of service) amendment act, 2005 the sixth central pay commission recommended revision in the pensionary benefits of the central government employees including the members of all india services the revised pension tules have come into force on the ist day of january, 2006 it is, therefore, necessary to increase suitably the existing pension, additional pension and maximum pension of the judges of the high courts and the supreme court 5 based on the recommendation of the sixth central pay commission the central government has decided to grant additional quantum of pension and family pension with reference to the age of the central government pensioner and family pensioner on the same analogy, it has been decided to extend the similar benefit to all retired judges 6 the bill seeks to achieve the above objectives new deut; the 9th december, 2008 [copy of letter no l-11017/1/2008-jus, dated the 11th december, 2008 from shri hr bhardwaj, minister of law and justice to the secretary- general, lok sabha] the president, having been informed of the subject matter of the high court and supreme court judges (salaries and conditions of service) amendment bill, 2008, recommends the introduction and consideration of the bill in lok sabha under article 117(1) and (3) of the constitution financial memorandumthe bill seeks 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 so as to revise the salaries of the chief justice of india, judges of the supreme court, chief justices of high courts and judges of high courts 2 the bill also seeks to revise the pension, family pension of the judges of the supreme court and high courts it further increases the sumptuary allowance so as to enable the judges to get double the existing rates of sumptuary allowance 3 the additional expenditure in respect of the judges of the high courts is to be borne by the concerned state governments under article 290 of the constitution of india the bill, if enacted and brought into operation, will involve an additional expenditure of approximately rs 46 crore out of which a recurring expenditure of rs 4 crore per annum for payment of salary and rs 42 crore as non-recurring expenditure towards arrears of salaries, pension and family pension from the consolidated fund of india 4 the bill does not involve any other expenditure of either recurring or non-recurring nature extracts from the high courr jupces ( salaries and conditions of service) act, 1954 28 of 1954 chapter il salaries and pensions13a (1) there shall be paid to the chief justice of a high court, by way of salary, thirty thousand rupees per mensem (2) there shall be paid to a judge of a high court, by way of salary, twenty-six thousand rupees per mensem 17a (7) where a judges who, being in service on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, dies 38 of 1986 whether before or after retirement in circumstance to which section 17 does not apply, family pension calculated at the rate of fifty per cent of his salary plus fifty per cent of his dearness pay on the date of his death amount to payable shall be paid from the day following the date period up to the date on which the judge would have attained the age of sixty-five years, had the survived, whichever is earlier, and thereafter at the rate of thirty per cent of his salary plus thirty per cent of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees per month explanation— for the purposes of determining the person or persons entitled to family pension under this sub-section: ded that in no case the amount of family pension calculated under this provi' sub-section shall exceed the pension payable to the judge under this act (in relation to a judge who elects or is eligible to received pension under part i of the first schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer ofthe central civil services, group 'a' shall apply; (ii) in relation to a judge who elects to receive pension under part i or part ilof the first schedule, the ordinary rules of his service if he had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and his service as a judge being treated as service therein (2) where any judge, who has elected to received the pension payable to him under part ii or part ii of the first schedule, retires, or dies in circumstances to which section 17 does not apply, gratuity, if any, shall be payable to the person or persons entitled thereto under the ordinary rules of his service if he had not been appointed a judge, his service as a judge being treated as service therein for the purpose of calculating that gratuity 22a (/) (2) where a judge does not avail himself of the use of an official residence, he may be paid every month an allowance equivalent to an amount of thirty per cent of the salary plus thirty per cent of the dearness pay 22c the chief justice and each of the other judges of every high court shall be entitled to sumptuary allowance of seven thousand and five hundred rupees per month and six thousand rupees per month, respectively salaries of the judges family pensions and gratuities facility of rentfree houses sumptuary allowance the first schedule (see sections 14 and 15) pensions of judges parti() (2) subject to the other provisions of this part, the pension payable to a judge to whom this part applies and who has completed not less than seven years of service for pension shall be,— (a) for service as chief justice in any high court, rs 21,945 per annum for each completed year of service; (b) for service as any other judge in any high court, rs 16,725 per annum for each completed year of service: provided that the pension under this paragraph shall in no case exceed rs 2,70,000 per annum in the case ofa chief justice and rs 2,34,000 per annum in the case of any other judge $ notwithstanding anything contained in the foregoing provisions of this part, the pension payable to judge who has completed fourteen years of service for pension, including not less than six years of service as chief justice of one or more of the high courts, shall be rs 2,70,000 per annum 9 where a judge to whom this part applies retires or has retired at any time after the 26th january, 1950 without being eligible for pension under any other provision of this part, when, notwithstanding anything contained in the foregoing provisions, a pension of rs76,785 per annum shall be payable to such a judge: provided that nothing in this paragraph shall apply— (a) to an additional judge or acting judge; or (b) to a judge who at the time of his appointment is in receipt of pension (other than a disability or wound pension) in respect of any previous service under the union or a state i 2 the pension payable to such a j udge shall be— (a) the pension to which he is entitled under the ordinary rules of the indian civil service if he had not been appointed judge, his service as a judge being treated as service therein for the purpose of calculating that pension; and (b) the additional pension, if any, to which he is entitled under paragraph 3: provided that the pension under clause (a) and the additional pension under clause (6) together shall in no case exceed rs 2,70,000 per annum in the case ofa chief justice and rs 2,34,000 per annum in the case of any other judge 3 if such a judge has completed not less than seven years of service for pension in a high ccurt, he shall be entitled to an additional pension in accordance with the following scale:— for seven completed years of service for pension 16,898 for eight completed years of service for pension 20,280 part iifor nine completed years of service for pension 23,649 for ten completed years of service for pension 27,033 for eleven completed years of service for pension 30,420 for twelve or more completed years of service for pension 33,799 part ill& 2 the pension payable to such a judge shall be— (a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a judge, his service as a judge being treated a service therein for the purpose of calculating that pension; and provided that the pension under clause (a) and the additional pension under clause (6) together shall in no case exceed rs2,70,000 per annum in the case of a chief justice and rs 2,34,000 per annum in the case of any other judge extracts from the supreme court judges ( salaries and conditions of service) act, 195841 of 1958 chapter iii salaries and pensions12a (1) there shall be paid to the chief justice of india, by way of salary, thirty-three salaries of the thousand rupees per mensem judges (2) there shall be paid to a judge of the supreme court, by way of salary, thirty thousand rupees per mensem 16a (/) where a judges who, being in service on or after the commencement of the family high court and supreme court judges (conditions of service) amendment act, 1986,— pensions and 1 jratuity (a) dies before retirement, family pension calculated at the rate of fifty per cent "a of the pension admissible to him on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the judge for period of seven years or for a period up to the date on which the judge would have attained the age of sixty-five years, had he survived, whichever is earlier, and thereafter at the rate of half of the family pension so admissible; and (6) dies after retirement, family pension calculated at the rate of half of the pension so admissible to him shall be payable to the person or persons entitled thereto explanation— for the purposes of determining the person or persons entitled to family pension under this sub-section,— (i) in relation to a judge who elects or is eligible to received pension under part i of the schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the central civil services, group 'a', shall apply; (ii) inrelation to a judge who elects to receive pension under part ii or part il of the schedule, the ordinary rules of his service ifhe had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and his service as a judge being treated as service therein; | | | | | | | | | | | | | 23(/) | | | | | ||------------|---------------|-------|----------|-----------|------------|-------|---------|----------|--------|----------|----------|-----------|-----------|------------|--------|------|------|| (1a) | where | a | judge | does | not | avail | himself | of | the | use | of | an | official | residence, | he | may | be || facility | of | | | | | | | | | | | | | | | | || rentfree | | | | | | | | | | | | | | | | | || houses | | | | | | | | | | | | | | | | | || paid | every | month | an | allowance | equivalent | to | an | amount | of | thirty | per | cent | of | the | salary | plus | || thirty | per | cent | of | the | dearness | pay | | | | | | | | | | | || sumptuary | | | | | | | | | | | | | | | | | || allowance | | | | | | | | | | | | | | | | | || 23b | the | chief | justice | and | each | of | the | other | judges | shall be | entitled | to | sumptuary | | | | || allowance | of | ten | thousand | per | month | and | seven | thousand | and | five | hundred | rupees | per | | | | || month | respectively | | | | | | | | | | | | | | | | | the schedule(see sections 13 and 14) pensions of judges parti| | | | | ||------|------|------|------|------|(2) subject to the other provisions of this part, the pension payable to a chief justice to whom this part applies shall be an amount equal to the sum of the following amounts, that is to say,— | | | | | ||------|------|------|------|------|(®) an additional amount of rs 6,030 per annum for each completed year of service as the chief justice of the supreme court until he has become entitled to a pension of rs 1,82,820 per annum, and thereafter an additional amount of rs 15,360 for each completed year of such service: provided that the aggregate amount of his pension shall in no case exceed rs 2,97,000 per annum part ii 2 the pension payable to such a judge shall be— (c) _ the additional pension of rs 16,898 per annum for each completed year of service for pension in the supreme court: provided that the pension under clause (a) and the additional pension under clause (4) together shall in no case exceed rs 2,97,000 per annum in the case ofa chief justice and rs 2,70,000 per annum in the case of any other judge part iii 2 the pension payable to such a judge shall be— (4) a special additional pension of rs 7,800 per annum in respect of each completed year of service for pension as a judge in india: provided that the pension under clause (a) and the additional pension under clause (5) together shall in no case exceed rs 2,97,000 per annum in the case ofa chief justice and rs 2,70,000 per annum in the case of any other judge

Parliament_bills

e352eee1-9c8c-505a-91b4-9bd4ffefcf08

bill no 147 of 2019 the central universities (amendment) bill, 2019 a billfurther to amend the central universities act, 2009be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the central universities (amendment) act, 2019short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointinsertion of new sections 3c and 3d"3c there shall be established a university, which shall be a body corporate, to be known as the central university of andhra pradesh, having its territorial jurisdiction extending to the whole of the state of andhra pradesh, as specified in the first schedule to this actestablishment of central university of andhra pradesh53d there shall be established a tribal university, which shall be a body corporate, to be known as the central tribal university of andhra pradesh, having its territorial jurisdiction extending to the whole of the state of andhra pradesh, as specified in the first schedule to this act, to provide avenues of higher education and research facilities primarily for the tribal population of india"establishment of central tribal university of andhra pradesh10amendment of section 53 in section 5 of the principal act, the following proviso shall be inserted at the end, namely:—"provided that the tribal university established under section 3d shall take additional measures for paying special attention to the tribal centric higher education and research, including art, culture and customs"154 for the first schedule to the principal act, the following schedule shall be substituted, namely:—substitution of new schedule for first schedule"the first schedule[see section 3(4)]serial name of thename of the universityterritorial jurisdiction20no state (1) (2)(3)(4)1 andhra pradeshcentral university of andhra pradesh whole of the state ofandhra pradesh252 andhra pradeshcentral tribal university ofwhole of the state ofandhra pradeshandhra pradesh3 biharcentral university of south biharterritory in the south ofthe river ganges in the state of bihar304 biharmahatma gandhi central universityterritory in the north of theriver ganges in the state of bihar5 gujaratcentral university of gujaratwhole of the state ofgujarat356 haryanacentral university of haryanawhole of the state ofharyana7 himachalcentral university ofwhole of the state ofpradeshhimachal pradeshhimachal pradesh408 jammu andcentral university of kashmirkashmir division of the kashmirstate of jammu and kashmir9 jammu andcentral university of jammujammu division of thekashmirstate of jammu and kashmir10 jharkhandcentral university of jharkhandwhole of the state ofjharkhand4511 karnatakacentral university of karnatakawhole of the state ofkarnataka| serial name of the | name of the university | territorial jurisdiction ||-------------------------|----------------------------------|----------------------------|| no state | | || (1) | (2) | (3) || 12 kerala | central university of kerala | whole of the state of || kerala | | || 5 | | || 13 odisha | central university of odisha | whole of the state of || odisha | | || 14 punjab | central university of punjab | whole of the state of || punjab | | || 10 | | || 15 rajasthan | central university of rajasthan | whole of the state of || rajasthan | | || 16 tamil nadu | central university of tamil nadu | whole of the state of || tamil nadu" | | | statement of objects and reasonsthe central universities act, 2009 was enacted to establish and incorporate universities for teaching and research in various states and for matters connected therewith or incidental thereto2 establishment of one central university and one central tribal university in the state of andhra pradesh will increase access and quality of higher education and also facilitate and promote avenues of higher education and research facilities for the people of the state further, the tribal university will promote advance knowledge by providing instructional and research facilities in tribal art, culture and customs and advancement in technology to the tribal population of india apart from being focused to the tribal education, the central tribal university shall carry out all educational and other activities like any other central university at present, there is no central university in the state of andhra pradesh while all other states, except goa, have one or more central university moreover, the establishment of a central university and a central tribal university in the state of andhra pradesh is obligatory under the andhra pradesh reorganisation act, 20143 accordingly, it has been decided to amend the central universities act, 2009 to provide for the establishment of one central university by the name of "central university of andhra pradesh" and one tribal university by the name of "central tribal university of andhra pradesh" in the state of andhra pradesh4 the bill seeks to achieve the above objectivesnew delhi;ramesh pokhriyal nishankthe 28th june, 2019 financial memorandumclause 2 of the bill seeks to insert new sections 3c and 3d in the central universities act, 2009, so as to establish two new universities as the body corporates to be known as the central university of andhra pradesh and the central tribal university of andhra pradesh, having its territorial jurisdiction extending to the whole of the state of andhra pradesh2 the infrastructure for the two universities shall be set up in two phases, with a cap on expenditure, for four years approximately fifty per cent of the projected cost will be spend in phase i, with a cap of four hundred fifty crore rupees for the central university and four hundred twenty crore rupees for the central tribal university, being the total cost for phase i for the two universities as eight hundred seventy crore rupees however, the expenditure would be met from the consolidated fund of india, through the budgetary provisions of the ministry of human resource development annexure extract from the central universities act, 2009 (25 of 2009)| | | | | ||------|------|------|------|-----| the first schedule [see section 3(4)]| sl | name of the | name of the university | territorial jurisdiction ||------------------------------|------------------------------|-----------------------------------------------------------------------|----------------------------------|| no state | | | || 1 | bihar | central university of south bihar territory in the south of the river | || ganges in the state of bihar | | | || 1a bihar | mahatma gandhi central | territory in the north of the river | || university | ganges in the state of bihar | | || 2 | gujarat | central university of gujarat | whole of the state of gujarat || 3 | haryana | central university of haryana | whole of the state of haryana || 4 | himachal | central university of himachal | whole of the state of himachal || pradesh | pradesh | pradesh | || 5 | jammu and | central university of kashmir | kashmir division of the state of || kashmir | jammu and kashmir | | || 5a jammu and | central university of jammu | jammu division of the state of jammu | || kashmir | and kashmir | | || 6 | jharkhand | central university of jharkhand | whole of the state of jharkhand || 7 | karnataka | central university of karnataka | whole of the state of karnataka || 8 | kerala | central university of kerala | whole of the state of kerala || 9 | orissa | central university of orissa | whole of the state of orissa || 10 | punjab | central university of punjab | whole of the state of punjab || 11 | rajasthan | central university of rajasthan | whole of the state of rajasthan || 12 | tamil nadu | central university of tamil nadu whole of the state of tamil nadu | || | | | |———— a billfurther to amend the central universities act, 2009————(shri ramesh pokhriyal nishank, minister of human resource development)mgipmrnd—1226ls(s3)—04-07-2019

Parliament_bills

5d506924-3f02-5a56-ab8d-9ea21ce21814

bill no 60 of 2010 the banking laws (amendment) bill, 2010 byshri asaduddin owaisi, mp a billfurther to amend the banking regulation act, 1949, the reserve bank of india act, 1934 and the government securities act, 2006whereas, the committee constituted by the reserve bank of india to examine the carrying on of non-interest banking business in india, has opined that the extant provisions of the banking regulation act, 1949 (10 of 1949) do not allow such an activity as such, certain amendments in the banking regulation act, 1949 and other related laws have become imperative and, therefore, the present bill proposes to incorporate necessary modifications in the laws so as to allow the banking companies to carry on non-interest banking business in indiabe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the banking laws (amendment) act, 201010 of 19492 in the banking regulation act, 1949, after part v, the following part shall be added, namely:— "part vi application of the act to companies carrying on non-interest banking5amendment of banking regulation act, 194957 the provisions of this act, as in force for the time being, shall apply to, or in relation to banking companies and branches of banking companies carrying on non-interest banking business as they apply to, or in relation to, banking companies subject to the following modifications, namely:—10(a) throughout this act, unless the context otherwise requires,—(i) references to "bank" or "a banking company" or "the company" or"such company", except in part v, shall be construed as reference to a banking company carrying on non-interest banking businessact to apply to banking companies carrying on non-interest banking subject to modifications(ii) reference to "commencement of this act" shall be construed as reference to commencement of banking laws (amendment) act, 2010;"15(b) in section 5,—(i) in clause (a), after sub-clause (ii), the following proviso and sub-clauses shall be inserted, namely:—20'provided that the securities mentioned in clauses (i) and (ii) above, are certified by the shariah of the bank as not involving any element of riba;(iii) mudaraba savings bond or any other profit linked bond, issued by the government;252 of 1882(iv) such of the securities, fund certificates and sukuk certificates, which have been structured in accordance with the principles of shariah and which have been authorized by the central government under clause (f) of section 20 of the indian trusts act, 1882, as may be prescribed;'; (ii) after the clause (ca), the following clause shall be inserted, namely:—30'(cb) "borrower" means a person on whose request the bank has opened a loan/investment account in his favour and/or extended to him any credit facility and the liability thus arising has not been fully repaid and includes the surety/guarantor of such a borrower;'; (iii) (a) after the clause (d), the following clause shall be inserted, namely:—35'(da) "compensation" means such financial penalty as is imposed on a borrower over and above the instalment amount agreed to, when such a borrower fails to repay to a banking company the amount due, in accordance with the contract;';(b) the existing clause (da) shall be re-numbered as clause (db);(iv) after the clause (db), as so re-numbered, the following clause shall be inserted, namely:—40'(dc) "customer" means a person who has under any arrangement availed or agreed to avail the services provided by a bank and includes a person having any deposit or loan account;';(v) after the clause (f), the following clauses shall be inserted, namely:—5'(fa) "deposit" means the placement of money with bank either on al-wadiah basis or for the purpose of investment, which is structured in accordance with the principles of shariah, bearing risk in the investment, with an entitlement to a share in the profit thereto (if any), and which represents an undivided ownership interest in the underlying assets of the investment;10(fb) "deposit account liability" means the deposit liabilities of a bank in respect of funds placed by a depositor with that bank on al-wadeeah or mudaraba principle and forming part of the permitted deposit transactions;'; (vi) after clause (ff) the following clause shall be inserted, namely:—15'(ffa) "depositor" means any person from whom deposit has been received by a banking company whether the account is a current account on al-wadiah principle or a savings account or short notice deposit account or a long term deposit account on mudaraba principle;';(vii) after the clause (ffb) the following clauses shall be inserted, namely:—'(ffba) "lending or financing" in relation to a banking company carrying on non-interest banking business means extending credit facility to its customers and includes:20 25(i) an accommodation or facility provided on the basis of participation in profit and loss, mark-up or mark-down in price, hirepurchase, equity support, lease rent sharing, licensing charge or fee of any kind, purchase and sale of any property including commodities, patents designs, trademarks and copy rights, bills of exchange, promissory notes or other instruments with or without buy-back arrangements, participation term certificate, musharika, morabaha, musawama, istisnah or modaraba certificate and term finance certificate; and30(ii) any other dealings or transactions or facilities specified by the reserve bank as permitted mode of financing a banking company carrying on non-interest banking business;35(ffbb) "loans or advances" in relation to a banking company carrying on non-interest banking business means the amount invested in the business or industry of a customer at the request of such customer under one of the permitted investment transactions;(ffbc) "mudaraba certificate" means a certificate issued on the basis of mudaraba;(ffbd) 'musharika certificate' means a certificate issued on the basis of musharika;40(ffbe) "non-interest banking" means the business of banking carried on in conformity with the principles of islamic shariah both in forms and substance and avoiding riba in all its transactions;45(ffbf) 'permitted deposit transactions' means such deposit transactions as have the sanction of shariah council and is not in conflict with any provision of this act as applicable to a banking company carrying on non-interest banking business and includes deposits:(i) under the al-wadeeah principle, in terms of which, the depositor places the fund at the disposal of a banking company5with a clear understanding that the fund is available to the bank at its own responsibility and the depositor is not entitled to share any profit earned or for any loss suffered by such use and that the bank has to pay back the deposit on demand made by the depositor and it includes (a) current account deposits (b) saving account deposits;10(ii) under the mudaraba principle, in terms of which, the depositor places the fund at the disposal of a banking company to be used at the discretion of the bank and the profit earned by the bank is shared at a predetermined ratio and the loss if any is borne by the depositor in proportion to his amount and it includes;(a) mudaraba savings deposit (msd);(b) mudaraba short notice deposit (msnd); (c) mudaraba term deposit (mtd); and (d) any variations of the above deposits;15(ffbg) 'permitted mode of financing' in relation to a banking company carrying on non-interest banking business, means such mode as is based on islamic shariah and hence permitted for such companies to carry on and includes grant of loan at the request of the customer for any one of the following transactions;20(i) "bai-muajjal" means a contract of sale whereby the seller delivers the goods to the purchaser on the spot, ie, at the time of signing of the sale contract and the purchaser is obliged to pay the ascertained purchase price on deferred payment basis;25(ii) "bai-salam" means a contract for the purchase or sale of commodities or equipments with prompt payment of the price for delivery of the commodity or equipment on a specified future date as per the agreed quality and quantity;30(iii) "ijara" or "lease" in terms of which a banking company agrees to place the assets owned by it on rent to be paid at a predetermined rate by the user thereof and such user binds himself to return the assets at the end of the contract period;35(iv) "ijara muntahia bittamleak" or a "hire purchase agreement" in terms of which a banking company agrees to place the assets owned by it at the disposal of the customer who agrees to pay the price in installments and after all the installments have been paid, the customer acquires the title/ownership over the assets under the contract;40(v) "ijara musharaka mutanaqasa" or "ownership-cum-hirepurchase agreement" in terms of which the banking company agrees to part finance the purchase of any asset and acquires joint ownership with the customer where the customer uses the assets partly owned by the bank on rental basis and acquires full ownership over the same by paying such amount as agreed;45(vi) "istisna" means a contract of sale of a described asset or item to be manufactured or constructed on spot or deferred payment basis;(vii) "mudaraba" means a contract between two parties where sahib-al-maal, ie banking company as the owner of the finance, provides capital and the other party provides labour, efforts or expertise and agree to share profits in accordance with the agreed ratios, and losses, if any, are borne by the party providing the funds;(viii) "murabaha" means sale of goods by a seller to the purchaser at the price which is an aggregate of the actual cost price of the goods and a determined quantum of profit;510(ix) "murabaha to the order of the purchaser" means a sale contract in which a purchaser identifies goods and provides an irrevocable and legally enforceable promise to purchase the identified goods from the seller on a murabaha basis once the seller purchases the identified goods from a third party supplier relying on purchaser's promise;(x) "musharaka" means a partnership between two or more partners and is classified into the following:15(a) "sherkat al aqd or contractual partnership" meansan agreement between two or more parties to combine their assets (in kind or in cash) or to merge their services with the aim of making profit in accordance with the principles of shariah;20 25(b) "sherkat al melk or partnership of ownership"means a partnership, which is constituted by virtue of co-ownership of assets by two or more persons thereby resulting in entitlement of each partner to the profits or revenues from the joint asset or appreciation in value thereof in proportion to the ownership of each partner and in bearing the loss accordingly in the same proportion, if any;30(xi) "parallel istisna" means a contract of istisna except that it is entered into between the seller under the istisna contract and a third party whereby the described asset or item to be manufactured or constructed is procured by the seller under the istisna contract from the third party;(xii) "parallel salam" means a contract of salam except that it is entered into by the seller under the salam contract and a third party whereby the described goods are procured by the seller under the salam contract from the third party;35(xiii) "financing of work contract" means a transaction where bank pays a specified amount of money to a person with a view to facilitate rendering of a specified service by such person and share the profit at an agreed rate;40(xiv) "mossat" means contract between the owner of a field, orchard or garden on the one hand and the bank on the other, for providing agricutural advances with an agreement to divide the harvest in a specified ratio between the two parties;45| ( ||------------------------------------------------------------------------|| specified plot of land for a specified period of time to another party || for the purpose of cultivating the land and sharing the harvest; |(xvi)"salam" means a contract of sale of goods which are described with precise and agreed specifications on the basis that the sale price should be paid by the purchaser in lump sum on the date of signing of the salam contract with delivery of the described goods on an agreed future date; and5(xvii) "other modes of investments" which includes investments where it is permissible for islamic banks to adopt any other mode of investment not covered in clauses (i) to (xvii) above or any variations thereof, provided that the underlying contract is considered by the shariah council of the bank as confirming to islamic jurisprudence;';(viii) (a) after the clause (j), the following clauses shall be inserted, namely:—10 15'(ja) "principles of shariah or shariah" in relation to banking business means such principles of commercial and business transaction as have their origin in holy quran and the sunnah of the prophet (pbuh); along with what has been supported by ijma'a or unanimity or proved by qiyas or analogy and also includes the rulings of renowned scholars based on the aforementioned sources of shariah;(jb) "profit" and "loss" means income or erosion or shortfall, as the case may be, from the investment made in the business, manufacturing or service sector, or industries run by the customers of the banking company;20(jc) "profit linked bond" means an investment bond issued by the central or the state governments or any other authority, as the case may be, where the yield is linked to the profit or loss of the investement;",25(jd) "qurd hassan" means a contract of benevolent loan entered into between a lender and a borrower free of any interest or charge or an access for the benefit of lender and repayable either on agreed future date(s) or on demand of the lender, if agreed so;30 35(je) "riba" in the context of deposits, means any predetermined positive return on the original amount for the use of money by the bank as acceptor of deposit and includes an amount in excess of the principal sum payable on the money lent by the bank, as a condition attached to the grant of loan or any other credit facility, without reference to the operational result of the activity undertaken with the help of such loan or credit facility;'; (b) the existing clause (ja) shall re-numbered as clause (jf);(ix) after clause (l), the following clause shall be inserted, namely:—40'(m) "savings accounts liabilities" in relation to a banking company carrying on interest free banking means the total deposit at that bank which normally require the presentation of passbook or such other document as approved by reserve bank for the deposit and withdrawal of moneys;';45(x) (a) after clause (n), the following clause shall be inserted, namely:—50'(na) "sight liabilities" in relation to a banking company means the total deposit at the bank which are repayable on demand but does not include savings account liabilities or the deposit of any other bank or any financial institutions;';(b) the existing clauses (na), (nb), (nc), (nd), (ne), (ni) shall be re-numbered as clauses (nb), (nc), (nd), (ne), (nf) and (ng), respectively;5(xi) after clause (ng), as so re-numbered, the following clause shall be inserted, namely:—10'(nh) "sukuk or sukuk certificate" means certificates, which are structured in accordance with the principles of shariah, representing investment, bearing risk in the investment, with an entitlement to a share in the profit thereto, if any, and which represents an undivided ownership interest in the underlying assets;15(ni) "time liabilities" in relation to a banking company carrying on non-interest banking, means the total deposit at that bank which are repayable otherwise than on demand and does not include savings account liabilities or the deposit of any other bank;(nj) "transaction" in relation to banking companies, means such business activity as are in accordance wtih the principles of shariah as approved by the shariah council;20(nk) "wakala" means a contract whereby a principal or muwakkil appoints the agent or wakeel as its nominee or representative to perform a defined shariah compliant activity on behalf of the principle for a fixed fee or without the consideration of a fee;';25(c) in section 6, after caluse (o), the following clause shall be inserted, namely:—'(p) carrying on non-interest banking business, by adopting any of the permitted modes of financing, subject to the condition that all transactions stipulated in clauses (a) to (o) is carried out in a manner that does not involve any element of riba and is so certified by the shariah council of the bank';30(d) after section 6, the following sections shall be inserted, namely:—'6a an islamic banking company may accept deposits under each of the following heads, namely:mobilization of monetary resources(i) qarz al hasna,35(ii) savings deposits both an al-wadeeah principles and on term investment deposit,(iii) term deposit to be used in joint ventures, investment based on modarabah principle, installment transaction, forward dealing and joalah transaction406b in order to mobilize deposit on al-wadeeah principle, the bank may give following reward to its depositors, namely:—award for mobilization of loan(a) non-fixed bonus in cash or in kind to depositors in current accounts;(b) grant discount in payment of commission and/or fee for servicesrendered to the customer; and45(c) accord priority in the use of banking facilities;(e) in section 8, after the existing proviso, the following provisos shall be inserted, namely:—'provided further that this section shall, in the case of a banking company carrying on non-interest banking, apply subject to such exceptions as is allowed, under a general or special permission granted by the reserve bank:5provided also that in order to meet the requirement of working capital, the bank may, at the request of an unit on its providing an undertaking to purchase and utilize the raw material as requested may purchase and resell the same to the unit on installment or otherwise or provide finance upon an agreement to purchase on a forward basis products of the said unit'; (f) after section 8, the following section shall be inserted, namely:—10'8a no banking company shall involve itself either directly or indirectly in the buying or selling of real estate, ie land and building:no banking company to involve itself in real estate business15provided that a banking company carrying on interest free banking may acquire land for construction of residential units for lower and medium income group subject to such conditions as may be imposed by the reserve bank and subject also to the compliance of relevant laws'; (g) after section 9, the following section shall be inserted, namely:—`9a a banking company may acquire, hold or dispose of any movable or immovable property subject to the condition that the same as acquired under the permitted mode of financing', acquisition, holding and disposal of banking assets20(h) after section 10d, the following sections shall be inserted, namely:—shariah council`10e (1) every banking company carrying on non-interest banking business shall constitute a shariah council and the members of the shariah council shall be nominated by the board of directors of the concerned bank25(2) the salary and allowances payable to, and other terms and conditions for the appointment of the members of shariah council, their qualifications and their number shall be as laid down in section 10f:30provided that a banking company carrying on non-interest banking business through its branch or an extension counter may appoint a shariah advisor in place of constituting a shariah council and the person so appointed shall meet such criteria as may be fixed for being a member of the council2 of 193435(3) it shall be open to a shariah council to refer to the shariah committee as constituted under section 11a of the reserve bank of india act, 1934, to seek their advice on any matter relating to the operation of the banking business on shariah principle and the shariah committee of the reserve bank shall dispose of the matter as early as possible'members of shariah council10f except as may otherwise be authorized the reasons for which may be recorded in writing by the reserve bank, every person who is or is to be appointed as a member of the shariah council or as a shariah advisor of a bank shall fulfil the following conditions:—40(a) an alim or fazil or mufti from recognized islamic educationalinstitutions with a minimum of second class bachelor degree in economics from any recognized university or 3 years of experience of research and development in islamic banking and finance; or45(i) is a law graduate from any recognized indian universitywith at least three years experience in any bank or financial institution at a senior position and believes in shariah or(ii) is a post-graduate in muslim personal law from anyrecognized indian university and believes in shariah; and(b) has a reasonable knowledge of arabic and english languages; (c) has not been debarred for giving religious rulings by any religious body;5(d) does not hold any office of profit under the central government or the state government or any local body; and(e) is not a shariah advisor of any other bankresponsibilities of shariah council1010g the shariah council shall function as a body responsible to decide whether or not, the business being carried on or proposed to be carried on by the islamic banking company conforms to the principles of shariah and the view taken by the shariah council shall be binding on the banking company10h in addition to the responsibilities assigned to it under the articles of association, the board of a banking company shall in consultation with the shariah council:—responsibilities of the board of the bankingcompany(a) lay down broad features of various permissible transactions;15(b) lay down, the duties and responsibilities of the banking companyin relation to a particular transaction;(c) provide draft model document proposed to be used by such banking company for various transactions;20(d) specify any other conditions as deemed appropriate for giving full effect to the principles of shariah in relation to a particular transaction or arrangement;(e) develop new products and services which are shariah compliant;25(f) list out prohibited transactions/arrangement which it considers not complying with the principle of shariah and shall ensure that no such transactions are carried out; and(g) report to the reserve bank every quarter or as frequently as directed by the reserve bank, whether or not the business of such a banking company including its branches, is being carried on in accordance with the principles of shariah ';30(i) after section 17, the following section shall be inserted, namely:—reserve fund and other funds`17a (1) without prejudice to the provisions of section 17, the reserve bank may lay down the extend and the manner in which a banking company carrying on non-interest banking business shall create a "capital and loss offsetting reserve"3540(2) if the reserve bank is satisfied that in any particular year, the aggregate reserve fund of a banking company carrying on non-interest banking is adequate for its business, it may by order, grant exemption to such a banking company from allocating any amount to the "capital and loss off-setting reserve'' for a specified period or may require the banking company to put the whole amount as "capital and loss off-setting reserve"'; (j) in section 20, in sub-section (2), for the words "loan or advance together with interest, if any'', the words "loan or advance together with interest or profit as agreed to including compensation, if any'' shall be substituted;(k) in section 21, in sub-section (2), in clause (e), after the words "the rate of interest and'' the word "/or'' shall be inserted;(l) in section 21, in sub-section (2), after clause (e), the following clause and proviso thereunder shall be inserted, namely:—5`(f) without prejudice to the provision of section 21, submission to the reserve bank after the last day of each month the particulars of all investment facilities granted by a banking company carrying on non-interest banking:10 15provided that on examination of the particulars supplied by the banking company carrying on non-interest banking, it appears to reserve bank that any investment facility is being granted, to the detriment of the interests of the depositors of that bank, the reserve bank may by order to be recorded in writing, prohibit that bank from granting any further investment or credit facility or impose such restrictions on the grant thereof as reserve bank thinks fit and may further direct that bank to secure repayment of any such investment facility within such time and to such extent as may be specified in the order'; (m) for section 21a, the following section shall be substituted:—10 of 191820rates of profit or return charged by a banking company not to be subject to scrutiny by courts'21a notwithstanding anything contained in the usurious loan act, 1918, or any other law relating to indebtedness in force in any state, a transaction based on written contract, between a banking company and its debtor with whatever name called, shall not be reopened by any court only on the ground that the rate of profit or return or compensation as fixed by the bank in respect of such transaction, was excessive or unreasonable'; (n) after section 22, the following sections shall be inserted, namely:—25'22a (1) without prejudice to the provisions of section 22 of this act, while granting license to a company to carry on non-interest banking business, the reserve bank shall further satisfy itself that—licensing of interest free banking companies(a) the aims as also the operations of the banking business which the said company proposes to carry on, is in conformity with the principles of islamic shariah both in form and substance;30 35(b) in the article of association of the said company, there is a provision for the establishment of a shariah advisory council, to advise the bank on the operation of its banking business and ensure that none of the transactions carried out by the bank involves any element which has not been approved by the shariah; and(c) the members of the proposed shariah council are persons who meet the fit and proper criteria, possess knowledge and understanding of islamic fiqh or jurisprudence and are conversant with financial dealings or commercial contracts4022b (1) subject to prior approval by the reserve bank, a banking company may undertake non-interest banking business in the following manner:—(a) through the establishment of a branch; or(b) through the establishment of a subsidiary; or45(c) by carrying on its entire business and operations conforming to the principles of shariah(2) the banking company or a subsidiary or a branch of a banking company carrying on business in terms of sub-section (1) shall comply with all shariah regulatory standards and requirements as directed by the reserve bankcancellation of the license522c (1) without prejudice to the provisions of section 22 of this act, the reserve bank has any reason to believe that a banking company is pursuing such aims, or carrying on such operations, as is not in conformity with shariah, it may, in the manner to be prescribed, cancel the license of such banking company or its branch for carrying on non-interest banking'; (o) for section 24, the following section shall be substituted, namely:—10maintenance of percentage of assets'24 (1) every banking company carrying on non-interest banking business, shall maintain either in cash, gold or in any other unencumbered approved security, the value of which shall not at the end of business on any day, be less than such percentage of the total time and demand liabilities in india as may be prescribed by reserve bank from time to time15(2) the manner of determining assets and liabilities and the proportion of class wise maintainable assets shall be fixed by the reserve bank and the reserve bank may, in its discretion, provide ratios and the method of computing the amount for a banking company carrying on non-interest banking, at a rate different from the one applicable to banking companies carrying on interest based banking business20 25(3) for the purpose of ensuring compliance with the provisions of this section, every banking company shall, not later than twenty days after the end of the month to which it relates, furnish to the reserve bank in the prescribed form and manner a monthly return showing particulars of its assets maintained in accordance with this section and its demand and time liabilities in india at the close of business on each alternate friday during the month or if any such friday is a public holiday on the close of business on the preceding working day30(4) the minimum amount or amounts of the assets to be held shall be expressed in the form of a percentage or percentages which such assets bear to the savings account, time and other deposit liabilities of each bank and such other liabilities thereof as may be decided by reserve bank and the same may be varied by reserve bank from time to time by notice in writing to the bank35(5) whenever reserve bank issues a notice, under sub-section (2), varying the amount of liquid assets to be maintained by a banking company carrying on non-interest banking business or under sub-section (3), varying the components of the liabilities, it shall allow a period of grace, in which to comply with the provisions thereof as may be specified by the reserve bank40(6) a banking company shall not, during any period of grace, in which it has failed to comply with any, notice under sub-section (1) without the approval of the reserve bank, lend to or invest any money with any person45(7) without prejudice to the provisions of sub-section (2), the reserve bank may require a banking company to furnish to it a return in the form and manner prescribed by it showing particular of its assets maintained in accordance with this section and its demand and time liabilities in india, at the close of business on each day of a month50(8) where a banking company fails to comply with the requirement of sub-section (1), it shall become liable to pay penalty at such rate as may be fixed by the reserve bank and thereafter if the amount required to be maintained on the next succeeding alternate friday is still below the prescribed minimum, every director, manager or secretary of the banking company who is knowingly and willingly a party to the default shall be punishable with a fine and if such default continues, with further fine for each subsequent alternate friday on which the default continues(9) notwithstanding anything contained in sub-section (7), if the reserve bank is satisfied on an application made by a defaulting banking company, that it had sufficient cause for its failure to comply with the provisions of sub-section (1), the reserve bank may waive off fine from the officials of the bank'; (p) for section 27, the following section shall be substituted, namely:—'27 (1) every banking company carrying on non-interest banking business shall, before the close of the month succeeding to which it relates, submit to the reserve bank such returns and in such forms as the reserve bank may prescribe for such companymonthly returns and power to call for other returns and information(2) without prejudice to the generality of sub-section (1) such returns may relate to maintenance of cash reserve ratio/statutory liquidity ratio, capital adequacy, asset quality, management of investment account, balance sheet, profit & loss account, quality of earning and liquidity of the banking company(3) the reserve bank may call upon banking companies carrying on non-interest banking business to prepare their financial statement, balance sheet and profit and loss account, in such form as may be notified for this purpose'; (q) after section 28, the following section shall be inserted, namely:—'28a every banking company carrying on non-interest banking business shall exhibit in a conspicuous position in its every office or place of business in india—certain information to be available to constituents(i) the full names of all its directors;(ii) the full names of the members of its shariah council; and(iii) the names and addresses of all the subsidiaries, for the time being, of the bank';(r) in section 29, for sub-section (4), the following sub-sections shall be substituted, namely:—'(4) the central government, by a notification in the official gazette, may prescribe the form suitable for a banking company carrying on noninterest banking business to enable it to submit its balance sheet and profit and loss account as required under sub-section (2) of this section(5) a banking company carrying on non-interest banking business shall follow the accounting standard as laid down by the reserve bank from time to time'; (s) for section 31, the following section shall be substituted, namely:—'31 (1) every banking company carrying on non-interest banking business shall,—be published(a) within fourteen days of the laying of its accounts in its annual general meeting, a copy each of its latest audited annual balance sheet and profit and loss account together with any note thereon and the report of the auditor, publish in at least two daily newspapers in india;510 15 20 25 30 35 40 45 505(b) forward to the reserve bank within three months of the closure of accounts of each financial year or such further period as the reserve bank may specify, three copies each of its latest audited annual balance sheet, profit and loss account, together with any note thereon and the reports of the auditor and the directors;(c) in the case of a banking company having branches outside india, forward to the reserve bank, three copies of its latest audited annual balance sheet and profit and loss account in respect of its operations in each country outside india; and10 15(d) the reserve bank may require a banking company carryingon non-interest banking business to submit further or additional information as it may deem necessary either by way of explanation or otherwise with regard to the balance sheet and profit and loss accounts forwarded by the said banking company and such information shall be submitted within such period and in such manner as the reserve bank may specify';(t) after section 35a, the following section shall be inserted, namely:—20'35aa (1) without prejudice to the powers vested in the reserve bank in terms of section 35a of this act, the reserve bank may, for banking company carrying on non-interest banking, issue such directions as it deems necessary in relation to,—additional power of the reserve bank in relation to companies carrying on non-interest banking business(a) duties and responsibilites of the banking company in relation to each of the permissible transactions or class of transactions;25(b) preparation of model document for the use by a banking company; and(c) prohibited transaction/arrangement30(2) where the reserve bank is of the opinion that any income earned by a banking company is not in conformity with the principles of shariah, it may after allowing such company to have its say, direct the banking company to credit such income into the prime minister's fund or any charity fund in such manner and under such terms as may be specified by the reserve bank'; (u) after section 53, the following section may be inserted, namely:—3543 of 196140'53a notwithstanding anything contained in the income tax act, 1961 or any other law relating to land revenue, the central government may, on the recommendation of the reserve bank, by notification in the official gazette, declare that certain transactions entered into or arrangements agreed to, between a banking company and its customers in terms of this part as may be specified in the notification, will not be subjected to levy of any tax including central sales tax, excise duty and the value added tax'tax neutrality of transactions or arrangements which conform to the principles and practice of non-interest banking business application of the reserve bank of india act, 1934 to companies carrying on non-interest banking2 of 19343 the reserve bank of india act, 1934, shall apply to companies carrying on noninterest banking with the following modifications, namely:—amendment of the reserve bank of india act, 19345(a) in section 9, in sub-section (1), for the words "the interest of co-operative and indigenous banks", the words "the interests of non-interest banking companies and of co-operative and indigenous banks" shall be substituted;(b) after section 11, the following section shall be inserted, namely:—act to apply to banking companies carrying on non-interest banking subject to modifications shariah committee10 15 20 25 30 35 40'11a (1) the central board shall constitute a shariah committee consisting of the following:—(a) a chairman to be appointed in the prescribed manner by the central board;(b) a director to be appointed by the central board from amongst the directors nominated under clause (c) of sub-section (1) of section 8 having such qualification and/or experience as may be deemed relevant for the committee;(c) at least three additional members who shall be experts in the matter assigned to the committee subject to the condition that such a person is not subject to disqualification as specified in sub-section (1) sub-section (2) of section 10 and is not a member of the either house of parliament or the legislature of any state or of any local authority; and(d) a member-secretary who shall be nominated by the central board and who shall be an officer of the reserve bank, not below the rank of deputy general manager (2) the shariah committee shall meet at least once in three months or as frequently as decided by the chairman(3) the shariah committee shall perform the following functions:—(a) assist the central board in formulating policies for such banking companies and financial institutions as are carrying on non-interest banking/financing based on the principle of islamic shariah;(b) monitor the products and services of non-interest banking companies and financial institutions operating on the principles of islamic jurisprudence and advise the central board, from time to time, whether such products and services are in conformity with the islamic commercial law or shariah and on matters related thereto;(c) advise the central board on the propriety or otherwise of the products and services of the banking companies and financial institutions carrying on non-interest business;(d) call for such information from the shariah councils of banking companies and financial institutions as it considers necessary for the purpose of carrying out its duties and each of the shariah councils shall be bound to provide the information called for;(e) give decision on the matters referred to it by the shariah council for decision;(f) without prejudice to the generality of the provisions of clause (a)and (e), the shariah committee shall have such other functions as may be assigned to it by the central board(4) where on a complaint or otherwise, the shariah committee is of the opinion that any product or activity of a banking company or a financial institution is not in conformity with the islamic commercial law or shariah, the matter will be placed before the central board and the decision of the board shall be final and binding on the banking company or financial institution, as the case may be5(5) no member of the shariah committee shall be a member of the shariah council of any banking company or financial institution except when he is so nominated by reserve bank as a member of shariah council of any banking company or financial institution10(6) a person appointed in terms of clause (a) or (b) of sub-section (1), shall be liable to be removed by the central government(7) a person appointed in terms of clause (c) or (d) of sub-section (1), shall be liable to be removed by the central board'; (c) in section 42,—15(i) for sub-section (3), the following sub-section shall be substituted, namely:—20 25'(3) if the average daily balance held at the bank by a scheduled bank during any fortnight is below the minimum prescribed by or under sub-section (1) or sub-section 1a, such scheduled bank shall be liable to pay to the bank in respect of the fortnight a fine by way of penalty as may be decided by the bank and if during the next succeeding fortnight such average daily balance is still below the prescribed minimum, the amount of fine may further be enhanced in respect of that fortnight and each subsequent fortnight during which the default continues and such fine may be imposed as a percentage of the amount by which such balance at the bank falls short of the prescribed minimum'; (ii) in sub-section (3a), for the words "the penal interest at the increased rate of five per cent above the bank rate", the words "the fine" shall be substituted30(iii) in sub-section (5), in clause (c), for the words "the penal interest or the penalty, as the case may be", the words "the fine at the normal or enhanced rate, as the case may be" shall be substituted(iv) in sub-section (6), after clause (iii), the following clause shall be inserted, namely:—'(iv) is a banking company carrying on non-interest banking business in india'35 application of the government securities act, 2006, to companies carrying on non-interest banking38 of 20064 the government securities act, 2006, shall apply to companies carrying on noninterest banking with the modification—40that in section 2, for clause (f), the following clause shall be substituted, namely:—amendment of the government securities act, 2006'(f) "government security" means a security created and issued by the government for the purpose of raising a public loan or for any other purpose as may be notified by the government in the official gazette only having one of the forms mentioned in section 3 and shall include mudaraba savings bond or any other profit linked bond, issued by the government;'45act to apply to banking companies carrying on non-interest banking subject to modification statement of objects and reasonsnon-interest banking has gained popularity all over the world some of the cities like london, singapore, tokyo and hong kong have emerged as hubs of non-interest banking it is expected that introduction of such a banking system in india, will expand the outreach of credit facility to a vast section of the population it is also likely to play an important role in expanding consumer choice and help in ensuring that all have access to competitively priced financial servicesthe nationalisation of banks was an important step towards achieving financial inclusion it has substantially increased credit access yet, a large section of the population is still left out of the ambit of banking services even after forty years since nationalisation about sixty percent of the population do not have access to formal banking and only 52% of villages have bank branches those who need finance most, like marginal farmers, landless labourers, oral lessees, self employed and un-organised sector enterprise, ethnic minority and women continue to form the financially excluded class the financial exclusion of a large segment of the population has far-reaching implications for the socio-economic and educational uplift of the masses these financially excluded class would not hesitate in sharing a "return" on their investment but they often find it difficult to meet the demand of a pre-determined return unrelated to the yield if finance is available without the burden caused by pre-determined interest rates, it will be a welcome development specially for sme sectorin the case of muslims, the financial exclusion is partly because of certain beliefs that needs to be addressed a large fund, earned as interest is lying in suspended accounts as depositors have not claimed the same this money, if invested in profit-sharing basis can have a major impact on the economy the raghuram rajan committee report on financial sector reforms, submitted to the government of india in 2006, observed that "certain faiths prohibit the use of financial instrument that pays interest the non-availability of interestfree banking products results in some indians, including those in the economically disadvantaged strata of society, not being able to access banking products and services due to reasons of faith" a larger section of the population may feel inclined to avail credit facility if interest-free banking products are available if non-interest banking is introduced in india, it will also unleash the financial resources, which are at present lying dormant because of the non-availability of a suitable financial products india with its present economic scenario is an attractive investment destination introduction of islamic banking system may also open up opportunity of large shariah compliant investments in india in the infrastructure and other sectorsin the year 2006, rbi had constituted a committee to examine the issue of non-interest banking in india which came to the conclusion that in view of the current statutory and regulatory framework it would not be feasible for banks in india or for branches of indian banks abroad, to undertake non-interest banking activities the present bill is intended to promote certain modifications in the banking regulation act, 1949 (10 of 1949), the reserve bank of india act, 1934 (2 of 1934) and the government securities act, 2006 with a view to allow the banks in india and branches of indian banks located abroad, to undertake noninterest banking activitynew delhi;asaduddin owaisidecember 3, 2009 ———— president's recommendation under articles 117 (1), 274(1) and 117(3) of the constitution[copy of do no 6/6/2010-bo ii, dated 16 april, 2010 from shri pranab mukherjee, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the banking laws(amendment) bill, 2010 by shri asaduddin owaisi, mp, recommends under clause (1) of article 117 and clause (1) of article 274 for introduction and clause (3) of article 117 of the constitution for consideration of the bill in lok sabha financial memorandumclause 3 of the bill provides that the central board of the reserve bank of india shall constitute a shariah committee for the purposes of this act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of indiait is likely to involve a recurring expenditure of rupees twenty crores per annuma non-recurring expenditure of about rupees ten crores is also likely to be involved———— a billfurther to amend the banking regulation act, 1949, the reserve bank of india act, 1934and the government securities act, 2006————(shri asaduddin owaisi, mp)gmgipmrnd—1840ls (s4)—05-07-2010

Parliament_bills

f40eded6-3760-5584-b20b-dd738bfc739a

to be introduced in lok sabha bill no 73 of 2007 the national waterway (lakhipur-bhanga stretch of the barak river) bill, 2007 a billto provide for the declaration of the lakhipur-bhanga stretch of the barak river to bea national waterway and also to provide for the regulation and development of the said stretch of that river for the purposes of shipping and navigation on the said waterway and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the national waterway (lakhipur-bhanga stretch of the barak river) act, 2007(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 the lakhipur-bhanga stretch of the barak river, the limits of which are specified in the schedule, is hereby declared to be a national waterwaydeclaration of lakhipur- bhanga stretch of barak river to be national waterway82 of 19853 it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation and development of lakhipur-bhanga stretch of the barak river for the purposes of shipping and navigation on the national waterway to the extent provided in the inland waterways authority of india act, 1985declaration as to expediency of control by the union of lakhipur- bhanga stretch of barak river for certain purposes the schedule (see section 2) limits of the national waterway (lakhipur-bhanga stretch of the barak river)the eastern limit of the waterway shall be a line drawn across the barak river in the state of assam at lakhipur ferry ghat (at latitude 24º 47º 26º north and longitude 93º 00º 14º east) and the western limit shall be a line drawn across the barak river at a distance of two hundred meters east of its bifurcation point at bhanga (at latitude 24º 52º 33º north and longitude 92º 29º 48º east) statement of objects and reasonsin the absence of a suitable organisation and paucity of resources with state governments, development of inland water transport has not made much headway there are certain advantages in this mode of transport, such as its low cost of transport, energy efficiency, generation of employment among weaker sections of the society and eco-friendly nature various committees set up by the government for the purpose of looking into this matter recommended that the central government should declare certain waterways as national waterways and assume responsibility of their development2 the central government has accordingly constituted the inland waterways authority of india under the inland waterways authority of india act, 1985 (82 of 1985) for the regulation and development of inland waterways for the purposes of shipping and navigation the allahabad-haldia stretch of the ganga-bhagirathi-hooghly river has already been declared as a national waterway under the national waterway (allahabad-haldia stretch of ganga- bhagirathi-hooghly river) act, 1982 (49 of 1982) similarly, the sadiya-dhubri stretch of the brahmaputra river and the kollam-kottapuram stretch of the west coast canal along with champakara and udyogmandal canals have also been declared as national waterways respectively under the national waterway (sadiya-dhubri stretch of the brahmputra river) act, 1988 (40 of 1988) and the national waterway (kollam-kottapuram stretch of the west coast canal and champakara and udyogmandal canals) act, 1992 (25 of 1992) consequently, the inland waterways authority of india has taken up the development, maintenance and management of these national waterways3 it is now proposed to declare the lakhipur-bhanga stretch of the barak river as a national waterway infrastructural facilities currently available on this waterway are not adequate for safe, convenient and sustained shipping and navigation by large mechanised crafts therefore, the waterway is required to be developed by providing adequate infrastructure for safe, convenient and sustained shipping operations the regulation and development of the proposed national waterway under the control of the union for the purposes of shipping and navigation is in the public interest and declaration to that effect has also been made in this bill4 the bill seeks to achieve the above objectsnew delhi;tr baaluthe 21st august, 2007 ———— president's recommendation under article 117 of the constitution of india[copy of letter no nw-12013/1/2000-iwt(vol ii) dated the 6th august, 2007 from shri tr baalu, minister of shipping, road transport and highways to the secretary- general, lok sabha]the president, having been informed of the subject matter of the proposed national waterway (lakhipur-bhanga stretch of the barak river) bill, 2007, recommends to the house the consideration of the bill under article 117 (3) of the constitution financial memorandumthe regulation and development of the proposed national waterway will be carried out by the inland waterways authority of india constituted under the inland waterways authority of india act, 1985 consequently, three distinct functions namely, development, maintenance and management of the proposed waterway will devolve on the inland waterways authority of india it has been visualised that inland water transport traffic to the tune of 1053 lakh tones is likely to be carried on the proposed national waterway after its full development by the year 2011-12 this traffic is expected to be handled at four terminals, namely, lakhipur, silchar, badarpur and bhanga the development of the river along with provisions of infrastructure facilities for the purposes of shipping and navigation to handle the above mentioned traffic includes the development of the waterway for navigation, channel marking, construction of terminals, transit sheds, installation of handling equipment, etc it is estimated that the expenditure with respect to the said development will be of the order of rupees forty-six crores which will be of a non-recurring nature2 in addition, it is estimated that an expenditure of recurring nature of the order of rupees four crores twenty lakhs annually will be incurred for operating the waterway and terminals lok sabha————abillto provide for the declaration of the lakhipur-bhanga stretch of the barak river to be a national waterway and also to provide for the regulation and development of the said stretch of that river for the purposes of shipping and navigation on the said waterway and for matters connected therewith or incidental thereto ————

Parliament_bills

321c9773-6ba3-5fc0-b697-fdb1b2466a29

annexure extract from the constitution of inquiry act, 1952(no 60 of 1952) 3 (1) the appropriate government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by each house of parliament or, as the case may be, the legislature of the state by notification in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification and the commission so appointed shall make the inquiry and perform the functions accordingly: provided that where any such commission has been appointed to inquire into any matter— (a) by the central government, no state government shall, except with the approval of the central government, appoint another commission to inquire into the same matter for so long as the commission appointed by the central government is functioning; (b) by a state government, the central government shall not appoint another commission to inquire in to the same matter for so long as the commission appointed by the state government is functioning, unless the central government is of opinion that the scope of the inquiry should be extended to two or more states (2) the commission may consist of one or more members appointed by the appropriate government, and where the commission consists of more than one member, one of them may be appointed as the chairman thereof, (3) the appropriate government may, at any stage of an inquiry by the commission fill any vacancy which may have arisen in the office of a member of the commission (whether consisting of one or more than one member) (4) the appropriate government shall cause to be laid before each house of parliament or as the case may be the legislature of the state the report, if any, of the commission on the inquiry made by the commission under sub-section (/) together with a memorandum of the action taken thereon, within a period of six months of the submission: « of the report by the commission to the appropriate government

Parliament_bills

e2cef122-3c6f-59ea-b61a-8fb9656204fa

(43 of 1951) 8 (/) a person convicted of an offence punishable under— (a) section 153a (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maintenance of harmony) or section 171e (offence of bribery) or section 171f (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376a or section 376b or section 376c or section 376d (offences relating to rape) or section 498a (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the indian penal code (45 of 1860), or (5) % (c) (d) (e) ()) : (g) ( h) (i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135a (offence of booth capturing) or clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this act, shall be disqualified for a period of six years from the date of such conviction

Parliament_bills

80ea108e-4947-5906-b9bb-9293b4b93abb

statement of objects and reasons'this bill is introduced in pursuance of articles 204(1) and 205 of the constitution and 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 supplementary expenditure charged on the consolidated fund of the state of punjab and the grants made by the lok sabha for expenditure of the government of punjab for the financial year 1990-91, yashwant sinha president's recommendation under article 207 of the constitution of india{copy of leiter no f 2(40)|b(s)|91, dated the 3rd mareh, 1891 from shri yashwant sinha, 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 the state of punjab for the services of the financial year ending on the 81st day of march, 4091 recommends under clauses (1) and (3) of article 207 of the constitution read with clause (2) of article 205 thereof and the proclamation dated the 11th may, 1987 issued under article 356, the introduction of the punjab appropriation bill, 1991 in lok sabha and also the consideration of the bill | | 2 the bill will be introduced in lok sabha after all supplementary demands for grants for 1990-91 have been voted

Parliament_bills

258cc7e6-41d8-5e20-9f1d-cd92ffd258fe

annexure extract from the constitution of india ea 'appointment 217 (i) every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultations with the chief justice of india, the governor of the state, and, in the case of appointment ofa judge other than the chief justice, the chief and conditions of the office of justice of the high court, and shall hold office, in the case ofan additional or acting judge, a judge of high court as provided in article 224, and in any other case, until he attains the age of sixty-two years: provided that— @ (6) ©),

Parliament_bills

12c41e68-4da3-53e3-aaf5-37acb118439f

lok sabha corrigenda tothe essential oo~odities (amendment) bill, 1966 (to be/as introduced in lok sabha) 1 p~ge 6, line 9,-iju: "(ii) it ~ "(iii)'~ -,~ 2 page 6, line 7 from bottom,-,w' "implemeting" ~ "implementing" 3 page 7, line 4 from bottom,-for "forefi ture" read "forfeiture" ne~ delhi; au~_st 1 7 1 g66 sravana 26 1888 csaj~:!] __ ~ ~~_ bm no 55 of 196' the es~ential commodities (amendment) bill, 1966 ~·'··<··· rt' ;\'r 1,:, h , ia bill ,'''' futther to amend the essential commodities act, 1955 ~l) be it enacted by parliament in the seventeenth year ~f the k~ republic of india as follows:-1 this act may be called the essential commodities (amend- short f~:''''' ment) act, 1966 title l~, z in the essential commodities act, 1955 (hereinafter referred amend-~i teras the principal act), in section 3, after sub-section (3a) the me~t ot ~'following sub-section shall be inserted, namely:-sechon3 ~i-'!~\' '(3b) where any person is required by an order made with reference to clause (f) of sub-section (2) to sell any grade or ft';~riejty of foodgrains, edible oilseeds or edible oils to the central ""~~~lldllent or a state government or to an officer or agent of such government and either no notification in respect of such _~oodgrains, edible oilseeds or edible oils has been issued under sub-section (3a) or any such notification having been issued has ceased to remain in force by efflux of time, then, notwithstanding anything contained in sub-section (3), there shall be paid to that person such price for the foodgrains, edible oilseeds or edible oils as may be specified in that order having regard to- ~ - (i) the controlled price, if any, fixed under this section or by or unlier any other law for the time being in force for such grad~ or variety of food grains, edible oilseeds or edible oils; and ' (ii) the price for such grade or variety of foodgrains, 10 edible oil seeds or edible oils prevailing or likely to prevail during the post-harvest period in the area to which that order applies explanation-for the purposes of this sub-section, "postharvest period" in relation to any area means a period of three 1$ months beginning from the las't day of the fortnight during which harvesting operations normally commence' "ga where any foodgrains, edible oil seeds or edible nils are 20 seized in pursuance of an order made under section 3 in relation insertion 3 mter section 6 of the principal act the following sections shall of new be inserted, namely:-sections 6a to6d confiscation ot foodgrains, edible oilseeds and edible oill thcttet~ th~ may be produced, without any unreasonable delay, before the collector of the district or the - presidency-town,· in which such foodgrains, edible oilseeds or edible oils are trelzed and whether or not a pl'()5«ution is instituted for the contra- 2, vention of such order, the collector, if satisfied that there hos been a contravention of the order ma:v order confiscation of the food grains, edible oilseeds or edible oils 6b no order confiscating any foodgrains, edible oilseeds or edible oils shall be made under section 6a unless the owner of 30 such articles or the person from whom they are seized-(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the articles: issue of showcause notice before confiscation of food-il"ains etc (b) is given an opportunity of making a representation in writing within such reasonable time as may be specified 3s in the notice against the grounds of confiscation; and (c) is given a reasonable opportunity of being heard in the matter: provided that the notice referred to in clause (a) or -the representation referred to in clause (b) may, at the request 40 ot the person concerned, be oral 6c (1) any person aggrieved by an order of confiscation appeal under section 6a may, within one month from the date of the communication to him of such order, appeal to the state government concerned and the state government may, after giving 5 an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against 10 15 (2) where an order under section 6a is mocufied or annulled by the st~te government, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6a, the person concerned is acquitted, and in either case it is' not possible for any reason to return thefoodgrains or edible oilseeds or edible oils seized, such person shall be paid the price therefor as if the foodgrains, edible oil seeds or edible oils, as the ease may be, had beensglld to the government; and such price shall be determined in accordance with the provisions of sub:isectlon (38) of section 3 11'" 20 -"bd:-the award of any confiscation under this act by the 'collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this act" award of confiscation not to interfere , / with other punishments 4 in section 7 of the principal act, in clause (b) of sub- amendsection (1)-'irient of " _ " , (a) in the opening paragraph, after the words "seem fit", section 7 , the words ~"incluqing, in the case of an order relating to foodgrains, any pa-ckages, cov'etiiigs or receptacles in which they are found and any animal, vehicle, vessel or other conveyance used in carrying foodgrains" shall be inserted; (b) in the proviso, after the words "any part of the property", the words "or any packages, coverings or receptacles or any animal, vehicle, vessel or other conveyance" shall be inserted ' 5 (1) the essential commodities (amendment) ordinance, 1966, repeal is hereby repealed arid savin, (2) notwithstanding such repeal, anything done or any action taken under the principal act as amended by the said ordinance &hall be deemed to have been done or taken under the principal act u amended by this act as if this act had come into force on the 12th day of july" 1966 consequent upon the decision to restrict the application of the defence ·of india act, 1962 (51 of 1962), and the rules made thereunder, namely, the defence of india rules, 1962, in areas other than border areas, to purposes connected only with the defence of india, civil defence, etc, the provisions of that act and those rules will not be available in such areas for regulating the supply and distribution of essential commodities some of the state governments have issued orders under rule 125(3) (c) of the defence of india rules, 1962, fixing prices for foodgrains compulsorily acquired from producers, traders and millers by imposing a levy & government have now assumed a p~itive role in holding the price line following devaluation and for procurement of substantial stocks of foodgrains, edible oilseeds and edible oils at prices specially fixed, for release at reasonable prices particularly to people in areas hit by scarcity, it has become absolutely necessary that the government should be clothed with the power to fix prices as mentioned above the bill, therefore, seeks to amend the essential commodities act, 1955 (10 of 1955), for conferring such power on the government as also the powers specified below in order to make the administration of the essential commodities act more strict, it is proposed to provide for the forfeiture of packages, vehicles, animals, etc, involved iii the contravention of orders issued under that act by amending section 7 of that act such power is now available under rule 125 (9) (b) of the defence of india rules, 1962 it is also proposed to insert new provisions in the essential commodities act, 1955, for the confiscation, by collectors of districts, of the foodgrains, edible oil seeds and edible oils which have been seized ior contravention of any order issued under that act and for appeals from the orders of the collectors to the state governments specific provision is also proposed to be made for the return, if possible, of the articles seized or for payment of the value thereof if the person aggrieved by the order of confiscation succeeds in appeal or is acquitted by ~ourt where prosecution is launched for the same contravention this follows the pattern of rule 125 (8) of the defence of india rules, 1962, but has been strengthened with a view to ensure the observance of the principles of natural justice as parliament was not in session, an ordinance was promulgated on the 12th july, 1966, amending the essential commodities act, 1955, taking powers in regard to the matters specified above the present bill seeks to replace the essential commodities (amendment) ordinance, 1966 new delhi; the 25th july, 1966 manubhaishah president's recommendation under article 117 of the constitution of india[copy of letter no f26(7) com-genl/66, dated the 12th august, 1966 from shri manubhai shah, minister of commerce to the secretary, lok sabha] the president having been informed of the subject matter of the essentiul commodities (amendment) bill, 1966, recommends under article 117 (3) of the constitution of india, the consideration of the bill in the monsoon session of the lok sabha, 1966 ror taking certain powers, similar to those contained in rule 125 of the defence of india rules, 1962, under the essential commodities act, 1955, in respect of 'foodgrains, edible oilseeds and edible oils, it is proposed to amend the essential commodities act, 1955 this bill provides for (i) fixing the price for foodgrains, edible oilseeds-and edible oils acquiretl by government under the act, (ii) confiscation of these commodities where an order issued under the act is contra· vened, and (ii) for forfeiture of packages, coverings or receptacles in which foodgrains are carried and animals, vehicles, vessels or other conveyances used in carrying them the proposed amendments seek to confer certain statutory powers on the executive as well as on the courts for implemeting the provisions in respect of confiscation of commodities in relation to union territories under orders of collectors, it may become necessary to employ additional staff even an approximate estimate of the addi tional expenditure cannot be made at this stage as it is not possible to foresee the number of cases in which resort to confiscation may become necessary , annexure extracts from the essential commodities acr, 1955(10 of 1955) - - - - 7 (1) if any person c~ntravenes any order made under section 3-- penaltiet - - - - (b) any property in respect of which the order has been contravened or such part thereof as to the court may seem fit shall be forfeited to the government: provided that if the court is of opinion that it is not necessary to direct forefiture in respect of the whole or, as the case may be, any part of the property, it may, for reasons to be recorded, refrain from doing so_ - - - - , a bill further to amend the essential commodities act, 1955 (slzri mamdjhai shah, minister of commerce)

Parliament_bills

01c8a67c-9e65-55b2-8b5a-96dc609d8d85

the food safety and standards bill;2005 arrangement of clauses chapter i preliminary1 short title, extent and commencement 2 declaration as to expediency of control by the union 3 definitions chapter 11 food safety and standards authority of india4 establishment of food safety and standards authority of india 5 composition of authority and qualifications for appointment of its chairperson and other members 6 selection committee for selection of chairperson and members of food authority 7 terms of ofice, salary, allowances and other conditions of service of chairperson and members of food authority 8 removal of chairperson ~ n d members of food authority 9 offcers and other employees of food authority 10 functions of the chief executive officer 11 central advisory committee 12 functions of central advisory committee 13 scientific panels 14 scientific committee 15 procedure for scientific committee and scientific panel 16 duties and functions of food authority 17 proceedings of food authority chapter 111 general principles of food safety18 general principles to be followed in administration of act chapter iv general provisions as to articles of food19 use of food additive or processing aid 20 contaminant, naturally occurring toxic substances, heavy metals, etc 2 1 pesticides, veterinary drugs residues, antibiotic residues and micro-biological counts 22 genetically modified foods, organic foods, functional food, proprietary foods, etc 23 packaging and labelling of foods 24 restrictions on advertisements and prohibition as to unfair trade practice chapter v provisions relating to import25 all import of articles of food to be subject to this act chapter vi special responsibilities as to food safety26 responsibilities of the food business operators 27 liability of the manufacturers, distributors and sellers 28 food recall procedures chapter vii enforcement of the act29 authorities responsible for enforcement of act 30 commissioner of food safety of the state 3 1 licensing and registration of food business 32 improvement notices 33 prohibitions orders 34 emergency prohibitions notices and orders 35 notification for food poisoning 36 designated officer 37 food safety officer 38 powers of the food safety officer 39 liability of food safety oficer in certain cases 40 purchasers may have food analyzed 4 1 powers of search, seizure, investigation, prosecution and procedure thereof 42 procedure for launching prosecution chapter vii analysis of food43 recognition and accreditation of laboratories, research institutions and referral food laboratory 44 recognition of organization or agency for food safety audit 45 food analysts 46 functions of food analyst 47 sampling and analysis chapter viii offences and penalties48 general provisions relating to offences 49 general provision relating to penalty 50 penalty for selling food not of the nature or substance or quality demanded 5 1 penalty for sub-standard food 52 penalty for misbranded food 53 penalty for misleading advertisement 54 penalty for food containing extraneous matter 55 penalty for failure to comply with the directions of the food safety officer 56 penalty for unhygienic or unsanitary processing or manufacturing of food 57 penalty for possessing adulterant 58 penalty for contraventions for which not specific penalty is provided 59 punishment for unsafe food 60 punishment for interfering with seized items 6 1 punishment for false information 62 punishment for obstructing or impersonating a food safety officer 63 punishment for carrying out a business without license 64 punishment for subsequent offences 65 compensation in case of injury or death of consumer 66 offences by companies 67 penalty for contravention of provisions of this act in case of import of articles of food to be in addition to penalties provided under any other act chapter lx adjudicat~on and food safety appellate tribunal68 adjudication 69 power to compound offences 70 establishment of food safety appellate tribunal 7 1 procedure and powers of the tribunals 72 civil court not to have jurisdiction 73 power of court to try cases summarily 74 special courts and public prosecutor 75 power to transfer cases to regular courts 76 appeal 77 time limit for prosecutions 78 power of court to implead manufacturer, etc 79 magistrate's power to impose enhanced punishment 80 defences which may or may not to allowed in prosecution under this act chapter x finance, accounts, audit and reports8 1 budget of food authority 82 finances of the food authority 83 accounts and audit of food authority 84 annual report of food authority chapter xi miscellaneous85 power of central government to issue directions to food authority and obtain reports and returns 86 power of central government to give directions to state governments 87 members, offcers of food authority and commissioner of food safety to be public servants 88 protection of action taken in good faith 89 overriding effect of this act over all other food related laws 90 transfer of existing employees of central agencies governing various food related acts or orders to the food authority 9 1 power of central government to make rules 92 power of food authority to make regulations 93 laying of rules and regulations before parliam"ent 91 power of state governinents to make rules 95 reward by state government 96 recovery of penalty 97 repeal and savings 98 transitory provisions for food standards 99 milk and milk products order 1992 shall be deemed to be regulations made under this act 100 amendments to the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) act, 1992 101 power to remove difficultiesthe first schedule the second schedule the food safetyand standards bll, 2005 a billto consolidate the laws relating to food and to establish the food safety and standards authority of india for laying down science basedstandards for articles offood and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto be it enacted by parliament in the fifty-sixth year of the republic of india as follows:- chapter i1 (i) this act may be called the food safety and standards act, 2005 short title, extent and 5 (2) it extends to the whole of india ~~mmencement (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision 10 2 it is hereby declared that it is expedient in the public interest that the union should declaration take under its control the food industry as to expediency of control by the union 3 (1) in this act, unless the context otherwise requires,- (a) "adulterant" means any material which is or could be employed for making the food unsafe or sub-standard, mis-branded or containing extraneous matter; (b) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic 5 media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents; (c) "chairperson" means the chairperson of the food authority; (4 "claim" means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, j 0 processing, composition or otherwise; ' (e) " commissioner of food safety" means the commissioner of food safety appointed under section 30; u> "consumer" means and includes person and families purchasing and receiving food in order to meet their personal needs; is (g) "contaminant" means any substance, whether or not added to food, but which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect 2 0 fragments, rodent hairs and other extraneous matter; (h) "designated officer" means the officer appointed under section 36; (i) "extraneous matter" - means any matter contained in an article of food which may be carried fkom the raw materials, packaging materials or process systems used for its manufacture or which is added to it, but such matter does not render such article of lt food unsafe; (j) "food" means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food, genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, 3 0 including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances: provided that the central thvernment may declare, by notification in the official 3s gazette, any other article as food for the purposes of this act having regards to its use, nature, substance or quality; (k) "food additive" means any substance not normally consumed as a food by itself or used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological~(including organoleptic) 4 o purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food results, or may be reasonably expected to result (directly or indirectly), in it or its by-products becoming a component of or otherwise affecting the characteristics of such food but does not include "contaminants" or substances added to food for maintaining or improving nutritional qualities; 45 (i) " food analyst" means an analyst appointed under section 45; (m) " food authority" means the food safety and standards aut9ority of india established under section 4; (n) "food business" means any undertaking, whether for profit or not and whether public or private, carrying out any ofthe activities related to any stage of manufacture, processing, storage, transportation and distribution of food and includes food services, sale of food or food ingredients; 5 (0) "food business operator" in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this act, rules and regulations made thereunder; (p) "food laboratory" means any food laboratory or institute established by the central or a state government or any other agency and accredited by national i o accreditation board for testing and calibration laboratories or an equivalent accreditation agency and recognized by the food authority under section 43; (q) "food safety" means assurance that food is acceptable for human consumption according to its intended use; (r) "food safety audit" means a systematic and functionally independent if examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf; (s) "food safety management system" means the adoption of good manufacturing practices, good hygienic practices, hazard analysis and critical control 20 point and such other practices as may be specified by regulation, for the food business; (t) " food safety officer " means an officer appointed under section 37; (u) "hazard" means a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect ; (v) " import" means bringing into india any article of food by land, sea or air; 25 (w) "improvement notice" means an order issued under section 32 of this act; (x) "infant food" and "infant milk substitute" shall have the meanings assigned to them in clauses (n and (g) ofsub-section (i) of section 2 ofthe infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) (4 1 of 1992) act, 1992, respectively; 30 (y) "ingredient" means any substance, including a food additive used in the manufacture or preparation of food and present in the final product , possibly in a modified form; (z) "label" means any tag, brand, mark, pictorial or other descriptive matter , written, printed, stencilled, marked, embossed, graphic, perforated, stamped or 35 impressed on or attached to container, cover, lid or crown of any food package and includes a product insert; (za) " licence" means a license granted under section 3 1 ; (16) "local area" means any area , whether urban or rural , notified by the commissioner of food safety, to be a local area for the purposes of this act; 40 (zc) "manufacture" means a process or adoption or any treatment for conversion of ingredients into an article of food, which includes any sub-process, incidental or ancillary to the manufacture of an article of food; (zd) "manufacturer" means a person engaged in the business of manufacturing any article of food for sale and includes any person who obtains such article from 45 another person and packs and labels it for sale or only labels it for such purposes; (ze) "member" means member of the food authority and includes the chairperson; (zfl "misbninded food" means an article of food-(a) if it is purported, or is represented to be, or is being- ( i ) offered or promoted for sale with false, misleading or deceptive claims either: (a) upon the label of the package, or 5 (6) through advertisement, or (ii) sold by a name which belongs to another article of food; or (iir) offered or promoted for sale under the name of a fictitious individual or company as the manufacturer or producer of the article as borne on the package containing the article or the label on such package; i0 (b) ifthe article is sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer bearing his name and address but- (i) the article is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name ofwhich i 5 it is sold, and is not plainly and conspicuously labelled so as to indicate its true character; or (ii) the package containing the article or the label on the package bears any statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material 2 0 particular, or if the package is otherwise deceptive with respect to its contents; or (iii) the article is offered for sale as the product of any place or country which is false; or (c) if the article contained in the package- 25(i) contains any artificial flavouring, colouring or chemical preservative and the package is without a declaratory label stating that fact or is not labelled in accordance with the requirements of this act or rules made thereunder or is in contravention thereof; or (ii) is offered for sale for special dietary uses, unless its label bears 3 o such information as may be specified by regulation, concerning its vitamins, minerals or other dietary properties in order sufficiently to inform its purchaser as to its value for such use; or (iii) is not conspicuously or correctly stated on the outside thereof within the limits of variability laid down under this act 3% (zg) "notification" means a notification published in the official gazette; (zh) "package" means a box, bottle, casket, tin, barrel, case, pouch, receptacle, sack, bag, wrapper or other thing in pre-packed condition, in which an article of food is packed; (zi) "premises" include any shop, stall , hotel , restaurant, airline services and 4 0 food canteens, place or vehicle or vessel where any article of food is sold -or - manufactured or stored for sale ; (zj) "prescribed" means prescribed by rules made by the central government or the state government, as the case be under this act ; (zk) "primary food" means an article of food, being a produce of agriculture or 4( horticulture or animal husbandry and dairying or aquaculture in its natural form, resultkg from the growing, raising, cultivation, picking, harvesting, cchlection or catching in the hands of a person other than a farmer; (zt) " prohibition order" means an order issued under section 33 of this act; (zm) "risk", in relation to any article offood, means the probability of an adverse effect on the health of consumers of such food and the severity of that effect, consequential to a food hazard; 5 (zn) "risk analysis", in relation to any article offood, means a process consisting of three components, ie risk assessment, risk management and risk communication; (zo) "risk assessment" means a scientifically based process consisting of the following steps: (i) hazard identitication, (ii) hazard characterization, (iii) exposure assessment, and (iv) risk characterization; l b (zp) "risk communication" means the interactive exchange of information and opinions throughout the risk analysis process concerning' risks, risk-related factors and risk perceptions, among risk assessors, risk managers, consumers, industry, the academic community and other interested parties, including the explanation of risk assessment findings and the basis of risk management decisions; / s (zq) "risk management" means the process, distinct from risk assessment, of evaluating policy alternatives, in consultation with all interested parties considering risk assessment and other factors relevant for the protection of health of consumers and for the promotion offair trade practices, and, if needed, selecting appropriate prevention and control options; 2 0 (zr) "sale" with its grammatical variations and cognate expressioas, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such 2 5 article; (zs) "sample" means a sample of any article of food taken under the provisions of this act or any rules and regulations made thereunder; (zt) " specified by regulations" means specified by regulations made by the food authority 30 (zu) "standard", in relation to any article pf food, means the standards notified by the food authority; (n) '' state govenunent" in relation to a union territory means the administrator of that union territory appointed by the president under article 239 ofthe constitution; (zw) "substance" includes any natural or artificial substance or other matter, 34 whether it is in a solid state or in liquid form or in the form of gas or vapour; (w) "sub-standard" - an article of food shall be deemed to be sub-standard if it does not meet the specified standards but not so as to render the article of food unsafe; (zy) "tribunal" means the food safety appellate tribunal established under 40 section 70; (z2) "unsafe food" means an article of food whose nature, substance or quality is so affected as to render it injurious to health: (i) by the article itself, or its package thereof, which is composed, whether wholly or in part, of poisonous or deleterious substances; or 4 5 (ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or diseased animal substance or vegetable substance; or (iiz] by virtue of its unhygienic processing or the presence in that article of any harmful substance; or (iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or (v) by addition of a substance directly or as an ingredient which is not 5 permitted; or (vz] by the abstraction, wholly or in part, of any of its constituents; or (vii) by the article being so coloured, flavoured or coated, powdered or polished, as to damage or conceal the article or to make it appear better or of greater value than it really is; or l o (viii) by the presence of any colouring matter or preservatives other than that specified in respect thereoc or (ix) by the article having been infected or infested with worms, weevils or insects; or (x) by virtue of its being prepared, packed or kept under in sanitary i>- conditions; or (xz] by virtue of its being mis-branded or sub-standard or food containing extraneous matter (2) any reference in this act to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, 2 0 if any, in force in that state chapter ii4 (1) the central government shall, by notification, establish a body to be known as the food safety and standards authority of india to exercise the powers conferred on, and to !a( perform the functions assigned to, it under this act, establishment of food safety and standards authority of india (2) the food authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued (3) the head office of the food authority shall be at delhi 30 (4) the food authority may establish its offices at any other place in india 5 (i) the food authority shall consist of a chairperson and the following eighteen members namely:- (a) seven members, not below the rank of a joint secretary to the government of india, to be appointed by the central government, to respectively represent the 35 ministries or departments of the central government dealing with- (i) agriculture, composition of food authority and qualifications for appointment of its chairperson and other members (ii) commerce, (iii) consumer affairs, (iv) food processing, (v) health, (vz] legislative affairs, fvii) small scale industries whg shall be members ex officio; (6) two representatives fiom food industry of which one shall be fiom small scale industries; (c) two representatives from consumer organizations; 5 (d) one eminent food technologist or scientist; (e) five members to be appointed by rotation every three years, one each in seriatim from the zones as specified in the first schedule to represent the states and the union temtories; u> one person to represent fanners organisation 10 (2) the chairperson and other members of the food authority shall be appointed in such a manner so as to secure the highest standards of competence, broad range of relevant expertise, and shall represent, the broadest possible geographic distribution within the country (3) the chairperson shall be appointed by the central govimunent fio& amongst the persons of eminence in the field of food science or fiom amongst the persons fioni the j( administration who have been associated with the subject and is either holding or hasjheld the position of not below the rank of secretby to the government of india (4) the chairperson and the members other than ex oficio members of the food authority shall be appointed by the central government on the recommendations of the selection committee 26 (5) the chairperson or members other than ex officio members ofthe food authority shall not hold any other office 6 (1) the central government shall, for the purpose of selection of the chairperson and the members other than ex officio members ofthe food authority, constitute a selection committee consisting of- 2g (a) cabinet secretary - chairperson, selection committee for selection 0 f chairperson and members of food authority (6) secretary-in-charge of the ministry of food processing industries as the convener member, (c) secretary-in-charge of the ministries or the departments of the central government dealing with health , legislative and personnel -members, 3 0 (d) chairman ofthe public enterprises selection board - member, (e) an eminent food technologist to be nominated by the central government - member explanation- for the purposes of clause (e), the central government shall nominate a person fiom amongst persons holding the post of director or the head, by whatever name 3 j called, of any national research or technical institution (2) the central government shall, within two months fiom the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member of the food authority and three months before the superannuation or completion of the term of office of the chairperson or any member of that authority, make a reference to the selection 4 0 committee for filling up of the vacancy (3) the selection committee shall finalise the selection of the chairperson and members of the food authority within two months from the date on which the reference is made to it (4) the selection committee shall recommend a panel of two names for every vacancy referred to it (5) before recommending any person for appointment as a chairperson or other member of the food authority, the selection committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as a member (6) no appointment of the chairperson or other member of the food authority shall be 5 invalid merely by reason of any vacancy in the selection committee 7 (1) the chairperson and the members other than ex officio members shall hold office for a term of three years from the date on which they enter upon their offices, and shall be eligible for re-appointment for a further period of three years: provided that no chairperson or a member other than ex officio member shall hold f 0 off~ce as such after he has attained- (a) in the case of the chairperson, the age of sixty-five years, and term of office, salary, allowances and other conditions of service of chairperson and members of food authoiity (b) in the case of a member, the age of sixty-two years - (2) the salary and allowances payable to, and the other terms and conditions of service of, the chairperson and members other than ex-officio members shall be such as i 5 may be prescribed by the central government (3) the chairperson and every member shall, before entering upon his office, make and subscribe to an oath of office and of secrecy in such form and in such manner and before such authority as may be prescribed by the central government (4) notwithstanding anything contained in sub-section ( i ) , the chairperson or any 20 member may- (a) relinquish his office by giving in writing to the central government a notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 8 (5) the chairperson or any member ceasing to hoid office as such shall not represent 25 any person before the food authority or any state authority in any manner 8 (i) notwithstanding anything contained in sub-section (i) of section 7, the central governrnent may, by order, remove from office the chairperson or any other member, if the chairperson or as the case may be, such other member,- removal of chairpers~n and members of food authority (a) has been adjudged an insolvent; or 36 (6) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude: or (c ) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interests as is likely to affect prejudicially his functions as a member; or 35 (e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) no member shall be removed under clauses (d) and (e) of sub-section ( i ) unless he has been given a reasonable opportunity of being heard in the matter 9 (1) there shall be a chief executive officer ofthe food authority, not below the rank 40 ofadditional secretary to the government of india, who shall be ex officio commissioner of food safety, t i be appointed by the central government officers and other employees of food au!hority (2) the food authority may, with the approval of the central government, determine the number, nature and categories of other officers and employees required to the food authority in the discharge of its hnctions 45 (3) the salaries and allowances payable to, and other conditions of service of, the chief executive officer, officers and other employees shall be such as may be specified by regulations by the food authority with the approval of the central government 10 (1) the chief executive officer shall be the legal representative of the food functions of 5 authority and shall be responsible forthe chief executive (a) the day-to-day administration of the food authority; oficer (b) drawing up of proposal 'for the food authority's work programmes in consultation with the central advisory committee ; (c) implementing the work programmes and the decisions adopted by the food la authority; (4 ensuring the provision ofappropriate scientific, technical and administrative support for the scientific committee and the scientific panel; (e) ensuring that the food authority carries out its tasks in accordance with the requirements of its users, in particular with regard to the adequacy of the services i 5 provided and the time taken; cf) the preparation of the statement of revenue and expenditure and the execution of the budget of the food authority; and (g) developing and maintaining contact with the central government, and for ensuring a regular dialogue with its relevant committees 20 (2) every year, the chief executive officer shall submit to the food authority for approval- (a) a general report covering all the activities of the food authority in the previous year; (b) programmes of work; (c) the annual accounts for the previous year; and (d) the budget for the coming year (3) the chief ~xecutive oficer shal1,following adoption by the food authority, forward the general report and the programmes to the central government and the state govenunents and shall have them published 30 (4) the chief executive officer shall approve all fmancial expenditure of the food authority and report on the authority's activities to the central government (5) the chief executive officer shall exercise the powers of the commissioner of food safety while dealing with matters relating to food safety of such articles (6) the chief executive officer shall have administrative control over the officers and 35 other employees of the food authority 11 ( i ) the food authority shall, by notification, establish a committee to be known central as the central advisory committee advisory committee (2) the central advisory committee shall consist of two members each to represent the interests of food industry, agriculture, consumers, relevant research bodies and food ko laboratories, and all commissioners of food safety, and the chairperson of the scientific committee shall be ex ofticio member (3) the representatives of the concerned ministries or departments of the central government in agriculture, animal husbandry and dairying, bio-technology, commerce and industry, consumer affairs, environment and forests, food processing industries, hf health, panchayati raj, small scale industries and food and public distribution shall be invitees to the deliberations of the central advisory committee (4) the chief executive officer shall be ex officio chairperson of the central advisory committee (5) the central advisory committee shall follow such rules ofprocedure including its transaction of business as may be specified by regulations 12 (1) the central advisory committee shall ensure close co-operation between the 5 food authority and the enforcement agencies and organisations operating in the field of food functions of central advisory committee (2) the central advisory committee shall advise the food authority on- (a) the performance of its duties under this section and in particular in drawing up of a proposal for the food authority's work programme, 10 (b) on the prioritisation of work, (c) identifjring potential risks, (d) pooling of knowledge, and (e) such other hctions as may be specified by regulations (3) the central advisory committee shall meet regularly at the invitation of the i i>' chairperson of central advisory committee or at the request of at least one third of its members, and not less than three times a year scientific panels 13 (1) the food authority shall establish scientific panels, which shall consist of independent scientific experts (2) the scientific panel shall invite the relevant industry and consumer representative 20 in its deliberations (3) without prejudice to the provisions of sub-section (i), the food authority may establish as many scientific panels as it considers necessary in addition to the panels on: (a) food additives, flavourings, processing aids and materials in contact with food; 2 5 (b) pesticides and antibiotics residues ; (c) genetically modified organisms and foods; (4 functional foods, nutraceuticals, dietetic products and other similar products; (e) biological hazards; (f) contaminants in the food chain; 30 (g) labelling ; and (h) method of sampling and analysis (4) the food authority may fiom time to time re-constitute the scientific panels by adding new members or by omitting the existing members or by changing the name of the panel as the case'may be 35 scientific committee 14 (1) the food authority shall constitute scientific committee which shall consist of the chairpersons of the scientific panels and six independent scientific experts not belonging or affiliated to any of the scientific panels (2) the scientific committee shall be responsible for providing the scientific opinions to the food authority, and shall have the powers, where necessary, of organizing public hearings 4 a (3) the scientific committee shall be responsible for the general coordination necessary to ensure consistency of the scientific opinion procedure and in particular with regard to the adoption of working procedures and harmonisation of working methods of the scientific panel (4) the scientific committee shall provide opinions on multi-sectoral issues falling within the competence of more than one scientific panel, and on issues which do not fill within the competence of any of the scientific panel (5) wherever necessary, and particularly in the case of subjects which do not fall 5 within the competence of any of the scientific panel, the scientific committee shall set up working groups and in such cases, it shall draw on the expertise of those working groups when establishing scientific opinions 15, (i) the members ofthe scientific committee, who are not members ofthe scientific panel and the members of the scientific panel shall be appointed by the food authority, for procedure for scientific committee and scientific panel 16 a period of three-years, which shall be renewable, for such period, and the vacancy notice shall be published in the relevant leading scientific publications and on the food authority's 'website for a call for expressions of interest (2) the scientific committee and the scientific panel shall each choose a chairperson fiom amongst their members 1s (3) the scientific committee and the scientific ,panel shall act by a majority of their members and the views of the members shall be recorded (4) the procedure for the operation and co-operation of the scientific committee and the scientific panel shall be specified by regulations (5) these procedures shall relate in particular to- 3 0 (a) the number of times that a member can serve consecutively on a scientific committee or scientific panel; (b) the number of members in each scientific panel; (c) the procedure for re-imbursing the expenses of members of the scientific committee and the scientific panel; 2 5 (4 the manner in which tasks and requests for scientific opinions are assigned to the scientific committee and the scientific panel; (e) the creation and organisation ofthe working groups of the scientific committee and the scientific panel, and the possibility of external experts being included in those working groups; 3 0 (j) the possibility of observers being invited to meetings of the scientific committee and the scientific panel; (g) the possibility of organising public hearings and (h) quorum ofthe meeting, meeting notice, agenda of the meeting and such other matters 35 16 (1) it shall be the duty of the food authority to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure safe and wholesome food duties and functions of food authority (2) without prejudice to the provisions of sub-section (i), the food authority may by regulations specify-- (a) the standards and guidelines in relation to articles of food and specifying an 40 appropriate system for enforcing various standards notified under this act; (b) the limits for use of food additives, crop contaminants, pesticide residues, residues of veterinary drugs, heavy metals, processing aids, myco-toxins, antibiotics and pharmacological active substances and irradiation of food ; (c) the mechanisms and guidelines for accreditation of certification bodies 4 5 engaged in certification of food safety management system for food businesses; (d) the procedure and the enforcement of quality control in relation to any article of food imported into india; (e) the procedure and guidelines for accreditati9 of laboratories and notification of the accredited laboratories; u> the method of sampling, analysis and lkxchange of information, among 5 enforcement authorities; (g) conduct survey of enforcement and administration ofthis act in the country; (h) food labelling standards including claims on health, nutrition, special dietary uses and food category systems for foods ; and (i) the manner in which and the procedure subject to which risk analysis, risk 10 assessment, risk communication and risk management shall be undertaken (3) the food authority shall a l s e(a) provide scientific advice and technical support to the central government and the state governments in matters of framing the policy and rules in areas which have a direct or indirect bearing on food safety and nutrition; 15 (b) search, collect, collate, analyse and summarise relevant scientific and technical data particularly relating t e (i) food consumption and the exposure of individuals to risks related to the consumption of food; (ii) incidence and prevalence of biological risk; 26 (iii) contaminants in food ; (iv) residues of various contaminants; (v) identification of emerging risks ; and (vi) introduction of rapid alert system ; (c) promote, co-ordinate and issue guidelines for the development of risk 15 assessment methodologies and monitor and conduct and forward messages on the health and nutritional risks of food to the central government, state governments and commissioners of food safety; (4 provide scientific and technical advice and assistance to the central government and the state governments in implementation of crisis management 30 procedures with regard to food safety and to draw up a general plan for crisis management and work in close co-operation with the crisis unit set up by the central government in this regard ; (e) establish a system of network of organization with the aim to facilitate a scientific co-operation fi-amework by the co-ordination of activities, the exchange of 35 information, the development and implementation of joint projects, the exchange of expertise and best practices in the fields within the food authority's responsibility; v) provide scientific and technical assistance to the central government and the state governments for improving co-operation with international organisations ; (g) take all such steps to ensure that the public, consumers, interested parties y 0 and all levels of panchayats receive rapid, reliable, objective and comprehensive information through appropriate methods and means; (h) provide, whether within or outside their area, training programmes in food safety and standards for persons who are or intend to become involved in food businesses, whether as food business operators or employees or otherwise; (i) undertake any other task assigned to it by the central government to carry out the objects of this act; (j) contribute to the development of international technical standards for food, sanitary and phyto-sanitary standards; (a) contribute, where relevant and appropriate, to the development of agreement on recognition of the equivalence of specific food related measures; (0 promote co-ordination of work on food standards undertaken by international governmental and non-governmental organisations; (m) promote consistency between international technical standards and domestic food standards while ensuring that the level of protection adopted in the country is not reduced; and (n) promote general awareness as to food safety and food standards (4) the food authority shall make it public without undue delay- (a) the opinions of the scientific committee and the scientific panel immediately after adoption; (6) the annual declarations of interest made by members of the food authority, the chief ~xecuhve oficer , members ofthe advisory committee and members ofthe scientific committee and scientific panel, as well as the declarations of interest ifany, made in relation to items on the agendas of meetings; (c) the results of its scientific studies; and (d) the annual report of its activities (5) the food authority may, from time to time give such directions, on matters relating to food safety and standards, to the commissioner of food safety, who shall be bound by such directions while exercising his powers underthis act; (6) the food authority shall not disclose or cause to be disclosed to third parties confidential information that it receives for which confidential treatment has been requested and has been acceded, except for information which must be made public if circumstances so require in order to protect public health 17 (1) the food authority shall meet at the head office or any of its ofices at such proceedings time as the chairperson may direct, and shall observe such rules of procedure in regard to the transaction of busi~ess at its meetings (including the quorum at its meetings) as may be authority specified by regulations (2) if the chairperson is unable to attend a meeting of the food authority, any other member nominated by the chairperson in this behalf and, in the absence of such nomination or where there is no chairperson, any member chosen by the members present from amongst themselves, shall preside at the meeting (3) all questions which come up befor? any meeting of the food authority shall be decided by a majority of votes of the members present ar,d voting, and in the event of an equality of votes, the chairperson or the person presiding over the meeting shall have the right to exercise a second or casting vote (4) ail orders and decisions of the food authority shall be authenticated by the chief executive officer (5) the chief executive ofilcer shali take part in the meetings of the food authority but without a right to vote (6) the food authority may invite the chairperson cf the scientific committee to attend its meetings b u without a right to vote (7) no act or proceedings of the food authority shall be questioned or invalidated merely on the ground of existence of any vacancy or defect in the constitution of the food authority chapter 111 general principles of food safi:tygeneral 18 the central government the sta!e governments, the food authoritv and other principles agencies, as the case may be, while implementing the provisions ofthis act shall be guided be followed in adrninistrat~on by the following principles, namely :- of act (1) (4) endeavour to achieve an appropriate level of protection of human life and health and the protection of consumers' interests, including fair practices in all i b kind of food trade with reference to food safety standard and practices; (h) carry out risk management which shall include taking into account the results of risk assessment, and other factors which in the opinion of the food authority are relevant to the matter under consideration where the conditions are relevant, in order to achieve the general objectives of regulations ; it (c) where in ar?y soecitlc circumstances, on the basis of assessment of available information, the possib~lity of harn~ful effects on health is identified but scientific uncertainty persists, provisional risk management measures necessary to ensure appropriate level of health protection may be adopted, pending further scientific iriormation for a niore comprehensive risk assessment ; 2 a (4 the measures adopted on the basis of clause & shall be proportionate and no more restrictive of trade than is required to achieve appropriate level of health protection, regard being had to technical and economic feasibility and other factors regarded as reasonable a!~d proper in the matter under consideration : (e) the measures adopted shall be reviewed within a reasonable period of time, a 9 depending on the nature of the risk to life or health being identified and the type of scientific infonnation needed to clarify the scientific uncertainty and ta conduct a more comprehensive risk assessment ; ci) in cases where there are reasonable grounds to suspect rhat a food may present a risk for human health, then, depending on the nature, seriousness and extent 30 of that risk, the food authority and the commissioner of food safety shall take appropriate steps to inform the general public of the nahlre of the risk to health, identifying to the hllest extent possible the food or type of food, the risk that it may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk; and 35 (g) where any food which fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class or description, it shall be presumed until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements (2) the food authority shall, while framing regulations or specifying standards 00 under this act- (a) take into accounc- (i) prevalent practices and conditions in the country including agricultural practices and handling, storage and transport conditions; and (ii) international standards and practices, where international standards 4 s or practices exist or are in the process ~f being formulated, unless it is of opinion that taking into account of such prevalent practices and conditions or international standards or practices or any particular part thereof would not be effective or appropriate means for securing the objectives of such regulations or where there is a scientific justification or where they would result in a different level of protection from the one determined as appropriate in the country; (b) specify food standards on the basis of risk analysis except where it is of 5 opinion that such analysis is not appropriate to the circumstances clr the nature of the case; (c) undertake risk assessment based on the available scientific evidenc? and in an independent; objective and transparent manner; (6) ensure that tilere is open and transparent pubiic consilltation, directly or lo through representative bodies including all levels of panchayats during the preparation, €valuation and revision of regulations, except where it is of opinion that there is an urgenc) concerning faod safety or public health to make or amend the regulations i~ which case such consultation may be dispensed with : provided that such regulations sha!l be insforce f ~ r not more than six months (e) enscre protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods they consume; (j) ensure prevention of- (i) fraudulent , dcccptive or unfair trade practices which may mislead or harm the consumer; and (ii) unsafe or contaminated or sub-standard food chapter iv g5?;rral, provisions as to aktic1es of fooc19 no article of food shall contain any food additive or processing aid unless it is in accordance with the provisions of this act and regulations made there under use of fond addiliv-, or processing aid zs explanarion-for the purposes o!'this secfion, "processing aid" means any substance or msterial, ~ o t i11c:uding apparatus or utensi!~, and not consumed as a fond ingredient by itself, used in the processing of raw materials, hods or its ingredients to hlfill a certain technological purpose during treatment or processing and which may result in the nonintentional but unavoidable presence of residues or derivatives in the final ~ruduct contaminant^, naturaily occurring 30 20 no article of f ~ o d shall contain any contaminant, naturally occurrlfig toxic substances or toxins or hormone or heavy meta!s in excess of such quantities as may be specified by regulations t o x l c substances, heavy metals, etc 21 (i) no article of food shall contain insetricides or pesticides residue, veterinary drugs residues, antibiotic residues, solvent residues pharmacologicai active substances 3r and micro-biological counts in excess of such toterance limit as may be specified by regulations (2) no insecticide shali be used directly on article offood except fi~migants registered 46 of 1968 and approved under the insecticides act, 1968 pesttcides, veterninary dnlgs residues, antibiotic residueq and microbiological counts explanation-for the purposes of this section,- ?a (i) "pesticide residue" means any specified substance hl food resulting from the use of z pesticide and includes any derivatives of a pesticide, such as conversion products, metabolites, reaction products and impurities considered to be of toxicological significance and also includes such residues coming into food from environment; (2) "residues of veterinary drugs" include the parent compounds or their metabolites or both in any edible portion of any animal product and include residues of associated impurities of the veterinary drug concerned; 22 save as otherwise provided under this act and regulations made thereunder, no person shall manufacture, distribute, sell or import any novel food, genetically modified 5 articles of food, irradiated food, organic foods, foods for special dietary uses, functional foods, neutraceuticals, health supplements, proprietary foods and such other articles of food which the central government may notify in this behalf explanation-for the purposes of this section,-genetically modified foods, organic foods, functional foods, proprietary foods, etc (i) "foods for special dietary uses or functional foods or nutraceuticals or 16 health supplements " means : (a) foods which are specially processed or formulated to satisfy particular dietary requirements which exist because of a particular physical or physiological condition or specific diseases and disorders and which are presented as such wherein the composition of these foodstuffs must differ significantly from the is composition of ordinary- foods of comparable nature, if such ordinary foods exist and may contain one or more of the following ingredients, namely:- (i) plants or botanicals or their parts in the form of powder, concentrate or extract in water, ethyl alcohol or hydro alcoholic extract, single or combination; 20 (ii) minerals or vitamins or proteins or metals or their compounds or amino acids ( in amounts not exceeding the recommended daily allowance for indians) or enzymes (within permissible limits); (iir] substances from animal origin; (iv) a dietary substance for use by human beings to supplement the 25 diet by increasing the total dietwy intake; (b) (i) a product that is labeled as a 'food for special dietary uses or functional foods or nutraceuticals or health supplemellts or similar such foods' which is not represented for use as a conventional food and whereby such products may be formulated in the form of powders, granules, tablets, capsules, ga liquids, jelly and other dosage forms but not parenterals, and are meant for oral administration; (il) such product does not include a drug as defined in clause (b) and ayurvedic, sidha and unani drugs as defined in clauses (a) snd (h) of section 3 of the drug and cosmetic act, 1940 and rules made there under; 35 23 of 1940 (iii) does not claim to cure or mitigate any specific disease, disorder or condition (except for certain health benefit or such promotion claims) as may be permitted by thz rules made under this act; (iv) does not include a narcotic drug or a psychotropic substance as defined in the ~che'dule of the narcotic drugs and psychotropic substances $0 act, 1985 and rules made there under and substances listed in schedules e and 61 of 198s ei ofthe drugs and cosmetic rules, 1945; (2) "genetically engineered or modified food" means food and food ingredients composed of or containing genetically modified or engineered organisms obtained through modem biotechnology, or food and food ingredients produced from but not 4 5 containing genetically modified or engineered organisms obtained through modem biotechnology; (3) " organic food" means food products that have been produced in accordance with specified organic production standards ; (4) "proprietary and novel food" means an article of food for which standards have not been specified but is not unsafe: provided that such food does not contain any of the foods and ingredients prohibited under this act and regulations made thereunder packaging and labelling of foods 5 23 (1) no person shall manufacture, distribute, sell or expose for sale or dispatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner as may be specified by regulations: provided that the labels shall not contain any statement, claim, design or device which is false or misleading in any particular concerning the food products contained in the package la or concerning the quantity or the nutritive value impiying medicinal or therapeutic claims or in relation to the place of origin of the said food products (2) every food business operator shall ensure that the labelling and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the i s information which is made available about them through whatever medium, does not mislead consumers 24 (1) no advertisement shall be made of any food which is misleading or contravenes the provisions of this act, the rules and regulations made thereunder (2) no person shall engage himself in any unfair trade practice for purpose ofpromoting restrictions of advertisement and prohibition as to unfair trade practices 2 a the sale, supply, use and consumption of articles of food o: adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which- (a) falsely represents that the foods are of a particular standard, quality, quantity or grade-composition; 2 5 (b) makes a false or misleading representation concerning the need for, or the usefulness; (c) gives to the pablic any guarantee of the efficacy that is not based on an adequate or scientific justification thereof: provided that where a defence is raised to the effect that such guarantee is based on 30 adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence 25 ( i ) no person shall import into india- 3sc (i) any unsafe or misbranded or sub-standard food or food containing extraneous matter; p11 imports of ai-ticles of food to be subject to this act (ii) any article of food for the import of which a licence is requiredunder any act or regulation, except in accordance with the cooditions of the licence; and (iii) any article of food in contravention of any other provision of this act or of 46 any rile and regulation made thereunder or any other act (2) the central government shall , while prohibiting, restricting or otherwise regulating import of article of food under the foreign trade ( development and regulation )act, 1992, ( 22 of 1992) follow the standards laid down by the food authority under the provisions of this act and the rules and regulations made thereunder 26 (1) every food susiness operator shall ensure that the articles of food satisfy the requirements of this act and the rules anc! regulations made thereunder at all stages of production, processing, import, distribution and sale within the businesses under his control 5- (2) no food business operator shall himse!f or by any person on his behalf manufacture, store, sell or distribute any article of food-- (i) which is unsafe ; or jii) which is misbranded or sub-standard or contains extraneous matter; or (iii) for which a licence is required, except in accordance with the conditions of l a the licence; or (iv) which is for the time being prohibited by the food authority or the central government or the state government in the interest of public health; or (vj in contravention ofany othe~ provision ofthis act or of any rule or regulation made thereunder 1f (2) ?u'o food business operator shall enploy mi person who is suffering from infectious, contagious or loathsome disease (4) no food business operator shall sell or offer for sale any article of f ~ o d to any vendor unless he also give a guarantee in writing in the form specified by regulations about the cature and quality of such article to the vendor : 20 provided that a bili, cash memo, or invoice in respect of the sale of any article of food given by a food bl~siness operator to rhe vendor sha!! be deemed to he a guararltee ander rhis sectioil, even if a guarantee in the specified fonn is not included in the bill casr: memo or invoice (5) wbere any food which is unsafe is part of a batch, lot or consignment of food of the 25 s a w ciass or description, it shall be presumed that all the food in that batch, lot or consignment is also unsafe, unless following a detaiicd assessment within a specified time, it is found that there iq no evidence that the rest of the batch, !ot or consignment is unsafe: provided that any conformity of a food with specific provisions applicable to that food shal! be without prejudice to the competent authcrities taking appropriate measures to 30 impose restrictions on that food being placed on the market or to requlre its withdrawal from the market fa: the reasons to be recorded in writing where such authorities suspect that, despite the conformit?, the food is unsafe 27 (1) the manufacturer ofan article of food shall be liable for such article of food if it does not meet the requiremeats of this act and the rules and regulations made thereunder 3 5 (2) the distributor shall be liable under this act for any article of food which is- liability of the manufacturers, distributors and sellers (a) supplied after the date of its expiry or which is likely to expire; or (6) stored or supplied in violation of the safety instrictions of the manufacturer; or (c) misbranded, or (4) unidentifiable of manufacturer from whom the artic!e of food have been received; c r (e) stored or handled or kept in violation of the provisions of this act, the rules and regulations made thereunder (3) the seller shall be liable under this act, for any article of food which- (a) is sold after the date of its expiry or which is likeiy to expire; or (b) is handled or kept in unhygienic conditions; or (c ) is misbranded ; or (4 unidentifiable the manufacturer or the distributor frdm whom such article of food were received; or (e) received by him with knowledge of being unsafe food recall procedures 28 (1) if a food business operator considers or has reason to believe that a food which it has processed, manufactured or distributed is not in compliance with this act and the rules and regulations made thereunder, it shall immediately initiate procedures to withdraw the food in question from the market and consumers jndicating reasons for its withdrawal and inform the competent authorities thereof (2) a food business operator'shall immediately inform the competent authorities and co-operate with them, if it considers or has reasons to believe that a food which it has placed on the market may be injurious to human healtf! (3) the food business operator shall inform the competent authorities of the action taken to prevent risks to the consumer and shal! riot prevent or discourage zny person from co-operating in accordance with this act, with the competent authorities, where this may prevent, reduce or eliminate a risk arising from a food (1) every food business operator shall follow such conditions and guidelines relating to food recall procedures as the food authority may speci@ by regulations chapter vii29 (1) the food authority and the state food safetyau:horities shal! be responsible for the enforcement of this act authnritirs responsbilc io r enf~3rcen:ent of acr (2) the food authority and the state food safqty authonties shall monitor and verify that the relevant requirements of law are fulfilied by food business onerdtors z: all stages of food business (3) the authorities shall maintain a system of controi anr! ol!ler activ~ties as appropriate to the circumstances, including ptiblic communicatiofi on f o ~ d safety and ris!i, food saiety surveillance and other monitoring ncrivities coverin3 a11 stzges ocfood bilsiness (4) the food safety oflicers shall enforce and execute within their area the provisions ofthis act with respect to which the duty is rot imposed expressly or by necessary implication on some otherauthority (5) the regulations under this act shall specify which of the food safe9 oorci-r are to enforce and execute them, eitti~r ger~erally or in relation to cases ofa particular descr-iption or aparticular area, and any such reguiations or orders may provide for the giving of assistance and information, by any authority concerned in the adminisrration of thr: regulations or orders, or of any provisions ofthis act, to any other authority so concerned, :i:r :he pu:poses of their respective duties under them (6) the commissioner of food safety and designated officer s!lall exetzise the same powers as are conferred on the food safety officer and follow the same prcrcedure specified in this act 30 (1) the state government shall appoint the con~missioner of food safety for the state for efficient implementation of food safety and standards and other requirements laid down under this act and the rules and regulations made thereunder commissioner of food safety of the state (2) the commissioner of food safety shall perform all or any ofthe following functions, namely:- (a) prohibit in the interest of public health, the manufacture, storage, distribution or sale of any article of food, either in the whole of the state or any area or part thereof for such period, not exceeding one year, as may be specified in the order notified in this 5 behalf in the official gazette; (b) cany out survey of the industrial units engaged in the manufacture or processing of food in the state to find out compliance by such units of the standards notified by the food authority for various articles of food; (c) conduct or organize training programmes for the personnel of the ofice of lo the commissioner of food safety and, on a wider scale, for different segments of food chain for generating awareness on food safety; (4 ensure an efficient and uniform implementation of the standards and other requirements as specified and also ensure a high standard of objectivity, accountability, practicability, transparency and credibility; r 5 (e) sanction prosecution for offences punishable with imprisonment under this act; (f) such other functions as the state government may, in consultation with the food authority, prescribe (3) the commissioner of food safety may, by order, delegate, subject to such 20 conditions and restrictions as may be specified in the order, such of his powers and functions under this act (except the power to appoint designated officer, food safety officer and food analyst) as he may deem necessary or expedient to any officer subordinate to him licensing and 31 (1) no person shall commence or cany on any food business except under a registration licence 2c of food business (2) nothing contained in sub-section (i) shall apply to such petty manufacturer who himself manufactures or sells any article of food or a retailer as may be notified by the food authority, or a hawker, itinerant vendor or a temporary stall holder: provided that such petty manufacturer, retailer, hawker, itinerant vendor or a temporary stall holder shall only register their business with concerned municipality or the panchayat, 3 a as the case may be (3) any person desirous to commence or cany on any food business shall make an application for grant of a license to the designated officer in such manner containing such particulars as may be specified by regulations (4) the designated officer on receipt of an application under sub-section (2) may 3 5 either grant the license or after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant a licence to any applica~t, if he is satisfied that it is necessary so to do in the interest of public health and sha!l make available to the applicant a copy of order: provided that if a license is not issued within two months from the date of making the 40 application or his application is not rejected, the applicant may start his food business after expiry s f the said period and in such a case, the designated officer shall not refuse to issue a licence b~it may, if he considers necessary, issue an improvement notice, under section 32 and follow pr~~ccdures in that regard (5) every !icence shall be in such form and subject to such conditions as may be 4 5 specified by regulations (6)asing;e licence may be issued by the designated oficer for one or more articles of food and also for different establishments or premises in the same area (7) ifthe articles of food are manufactured, stored, sold or exhibited for sale at different premises situated in more than one area, separate applications shall be made and separate licence shall be issued in respect of such premises not falling within the same area (8) an appeal against tke order of rejection for the grant of license shall lie to the s commissioner of food sac:?y (9) a licence unless sooner suspended or cancelled shall be in force for such period as may be specified by regulations: provided that if an application for a renewal of licence is made before the expiry ofthe period of validity ofthe licence, the licence shall continue to be in force until orders are i o passed on the application (1 0) the licence shall subsist for the benefit of the deceased's personal representative or any other member of his family, until the expiry of- (a) the period of three months beginning with his death; or (b) such longer period as the designated oflicer may allow i f 32 (1) if the designated officer has reasonable ground for believing that any food improvement business operator has tailed to comply with any regulations to which this section applies, he notices may, by a notice sewed on that food business operator (in this act referred to as an "improvement noticeu)-- (a) state the grounds for believing that the food business operator has failed to 20 comply with the regulations; (b) specify the matters which constitute the food business operator's failure so to comply; (c) specify the measures which, in the opinion of the said authority, the food business operator must take, in order to secure compliance; and 2f; (6) require the food business operator to take those measures, or measures which are at least equivalent to them, within a reasonable period (not being less than fourteen days) as may be specified in the notice (2) if the food business operator fails to comply with an improvement notice, his licence may be suspended 30 (3) if the food business operator still fails to comply with thf: notice, the designated officer may, after giving the licensee an opportunity to show cause, cancel the licence granted to him: provided that the designated officer may s~spend any iicence forthwith in the interest of public health for rezsons to be recorded in writing 35 (4) any person who is aggrieved by- (a) an improvement notice; or (h) rehsal tc issue a certificate as tu improvement; or (c) cancellation or suspension or revocation of licence under this act, may appeal to the co issioner of fooc! safety whose decieon thereon, shall be snal /, 9 (5) the period within which such rn appeal may be brought shall be- + ((i) fifteen dzys from the date on which mtice orthe decisior! was sewed on the persan desiring to appcal; or (6) in the case cf an appeal under sub-section (i), the said period or the period specified in the improven?entiloticc, whichever expires carlier; explanation-for the purposeof this sub-section, the making of the complaint shall be deemed to be the bringing of the appeal prohibition 33 (i) iforders (a) any food business operator is convicted of offence under this act; and (6) the court by or before which he is so convicted is satisfied that the health risk 5 'exists with respect to that food business, the court, after giving the food business operator an opportunity of being heard, may by an order, impose the following prohibitions, namely :- (i) a prohibition on the use of the process or treatment for the purposes of the food business; 1 0 (ii) a prohibition on the use ofthe premises or equipment for the purposes ofthe food business or any other food business of the same class or description; (iii) a prohibition on the use of the premises or equipment for the purposes of any food business (2) the court may, on being satisfied that it is necessary so to do, by an order, impose !27 a prohibition on the food business operator participating in the management of any food business, or any food business of a class or description specified in the order (3) as soon as practicable after the making of an order under sub-section (1) or subsection (2) (in this act referred to as a "prohibition order"), the concerned food safety officer shall- lo (a) serve a copy of the order on the food business operator; and (b) in the case of an order under subsection (i), affix a copy of the order at a conspicuous place on such premises used for the purposes of the food business, and any person who knowingly contravenes such an order shall be guilty of an offence and be punishable with a fine which may extend to three lakh rupees 2 5 '(4) the concerned food safety officer shall with the approval of the designated officer issue a certificate to the effect that the food business operator has taken sufficient measures justifying lifting of the prohibition order, within seven days of his being satisfied on an application made by the food business operator for such a certificate or the said officer shall- 30 (a) determine, as soon as is reasonably practicable and in any event within fourteen days, whether or not he is so satisfied; and (b) if he determines that he is not so satisfied, give notice to the food business operator of the reasons for that determination (5) a prohibition order shall cease to have effect upon the court being satisfied, on an 3 5 application made by the food business operator not less than six months after the prohibition order has been passed, that the food business operator has taken sufficient measures justifying the lifting of the prohibition order (6) the court shall give a direction on an application by the food business operator, if the court thinks it proper so to do having regard to all the circumstances of the case, 40 including in particular, the conduct of the food business operator since the making of the order; but no such application shall be entertained if it is not made- (a) within six months after the making of the prohibition order; or (b) within three months after the making by the food business operator of a previous application for such a direction '6 f~p1anation-for the purpose of this section,- (i) any reference above shall apply in relation to a manager of a food business as it applies in relation to the food business operator; and any reference to the food business operator of the business, or to the food business eperator, shall be construed 5 accordingly (ii) "manager" , in relation to a food business, means any pwon who is entrusted by the food business operator with the day to day running of the business, or any part of the business emergency prohibition notices and orkrs 34 (1) if the designated officer is satisfied that the health risk condition exists with to respect to any food business, he may, after a notice served on the food business'operator (in this act referred to as an "emergency prohibition notice"), apply to the commissioner of food safety for impcsing the prohibition (2) if the commissioner of food safety is satisfied, on the application of such an officer, that the health risk condition exists with respect to any food business, he shall, by an rs order, impose the prohibition (3) the designated officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served notice on the food business operator of the business of his intention to apply for the order (4) as soon as practicable after the making of an emergency prohibition order, the 20 designated officer shall require the food safety officer to - (a) serve a copy of the order on the food business operator of the business; or (b) affix a copy of the order at a conspicuous place on such premises used for the purpcjses of that business; and any person who knowingly con6avenes such an order sh~all be guilty of an offence and 25 shall be punishable with imprisonment for a term which may extend to two years and with h e which may extend to two lakh rupees, (5) an emergency prohibition order shall cease to have effect on the issue by the designated officer of a certificate to the effect that he is satisfied that the food business operator has taken sufficient measures for justifying the lifiing of such order 30 (6) the designated officer shall issue a certificate under sub-section (-5) within seven days of an application by the food business operator for such a certificate and on his being not satisfied, the said officer shall give notice to the food business operator within a period of ten days indicating the reasons for such decision 35 he food authority may, by notification, require registered medical practitioners notification of food poisoning 3y canying on their profession in any local area specified in the notification, to report all occurrences of food poisoning coming to their notice to such officer as may be specified designated officer 36 (1) the commissioner of food safety sha!i, by order, appoint the designated officer, who shall not be below the rank ofa sub-divisional officer, to be in- charge of food safety administration in such area as may be specified by regulations 40 (2) there shall be a designated ofecer for each district (3) the functions to be performed by the designated officer shall be as follows, namely:- (a) to issue ar cancel license cf food business operators; (b) to prohibit the sale of any alticle of food which is in contravention of the 45 provisions of this act and mies and regulations made thereunder ; (c) to receive report and sainples of article of foods from food safety officer under his jurisdiction and get them analysed ; (d) to make recomnendatiorls to the commissioner ncfood safety for sanction to launch prosecutions in case of contraventions punishable with imprisonment ; (i) to siznction or launch prosecutions in cases of cortraventions punishable with fine; ffi to maintain record of all inspections made by eons! safety officers and action 5 taken by them in the performance of rheir dulies; (g) to get investigated any complaint which may be made in writing in respect of any contravention of the provisions of this act and the rules and regu!ations made thereunder; (h) to investigate any complaint which may be made in writing against the food i o safety oficer; and (i) to perform such other duties as may be entrusted by the commissioner of food safety food safety 37 ( i ) the commissioner of food safety shall, by notification, appoint such persons ~fiicer as he thinks fit, having the qualifications prescribcd by the central government, as food 15 safety officers for such local areas as he may assign to them for the purpose of performing functions under this act and the rules and regulations made thereunder (2) the state government may authorize any oficer ~f the state government having the qualifications prescribed under sub-section (i) to perform the functions of a fond safety oficer within a specified jurisdiction 2 6 powers of 38 ( i ) the food safety officer may - food safety officer (a) take a sample- (i) of any food, or any substance, which appears to him to be intended for sale, or to have been sold for human consumption; or fii) of any article of food or substance which is found by him on or in any zs such premises; which he has reason to believe that it may be required as evidence iii proceedings under any of the provisions of this act or of the regulations or orders made there under ; or (b) seize any article of food which appears to the food safety officer to be in contravention of this act or the regulations made thereunder ; and 30 (c) keep it in the safe custody of the food business operator such article of food after taking a sample; and in both cases send the same for analysis to a food analyst for the local area within which such sample has been taken provided that wheire the food safety officer keeps such article in the safe custody of 35 the food business operator, he may require the fcod business operator to execute a bond for a sum of money equal to the value of such article with one or more sureties as the food safety oficer deems fit and the food business operator shall execute the bond accordingly (2) the food safety officer may enter and inspect any place where article of food is mafiufactured, or stored for sale, or st~red for the manufacture of any other article of food, or exposed or exhibited for sale and where any adulterant is manufactured or kept, and take samples of such articles of food or adulterant for analysis (3) where any sample is taken, its cost ca!culated at the rate at which the article is usually sold to the public si~all be paid to the person fiom whom it is taken (4) where any article of food seized under clause (h) of sub-section ( i ) is of a perishable 4 ( nature and the food safety officer is satisfied that such article of food is so deteriorated that it is unfit for human consumption, the food safety officer may, after giving notice in writing to the food business operator, cause the same to be destroyed (5) the food safety officer shall, in exercising the powers ofentry upon, and inspection of any place under this section, follow, as far as may be, the provisions of the code of criminal procedure, 1973 (2 of 1974) relating to the search or inspection of a place by a police officer executing a search warrant issued under that code (6) any adulterant found in the possession of a manufacturer or distributor of, or dealer in, any article of food or in any of the premises occupied by him as such and for the possession of which he is unable to account to the satisfaction of the food safety officer and any books of account or other documents found in his possession or contiol and which would be useful for, or relevant to, any investigation or proceeding under this act, may be seized by the food safety officer and a sample of such adulterant submitted for analysis to a food analyst: provided that no such books of account or other documents shall be, seized by the food safety officer except with the previous approval of the authority to which he is subordinate (7) where the food safety officer takes any action under clause (a) of sub-section (i), sub-section (2), sub-section (4) or sub-section (6), he shall, call one or more persons to be present at the time when such action is taken and take his or their signatures (8) where any books of account or other documentsare seized under sub-section (6); the food safety officer shall, within a period not exceeding thirty days fiom the date of seizure, return the same to the person from whom they were seized after copies thereof or extracts therefrom as certified by that person in such manner as may be prescribed by the central government have been taken: provided that where such person refuses to so certify and a prosecution has been instituted against him under this act, such books qf account or other documents shall be returned to him only after copies thereof and extracts therefrom as certified by the court have been taken (9) when any adulterant is seized under sub-section (6), the burden of proving that such adulterant is not meant for purposes of adulteration shall be on the person from whose possession such adulterant was seized (10) the commissioner of food safety may from time to time issue guidelines with regard to exercise of powers of the food safety oficer, which shall be binding: provided that the powers of such food safety officer may also be revoked for a specified period by the commissioner of food safety 39 any food safety officer exercising powers under this act or the rules and regulations made thereunder who- liability of food safety oficer in certain cases (a) vexatiously and without any reasonable ground seizes any article of food or adulterant; or (b) commits any other act to the injury of any person without having reason to believe that such act is necessary for the execution of his duty, shall be guilty of an offence under this act and shall be punishable for such offence with fine which may extend to twenty-five thousand rupees purchaser may have food analysed 40 (1) nothing contained in this act shall be held to prevent a purchaser of any article of food other than a food safety officer from having such article analyzed by the food analyst on payment of such fees and receiving from the food analyst a report of his analysis within such period as may be specified by regulations: provided that such purchaser shall inform the food business operator at the time of purchase of his intention to have such article so analyzed: provided further that if the report of the food analyst shows that the article of food is not in compliance with the act or the rules or regulations made there under, the purchaser shall be entitled to get refund of the fees paid by him under this section 5- (2) in case the food analyst finds the sample in contravention of the provisions of this act and rules and regulations made there under, the food analysts shall forward the report to the designated officer to follow the procedure laid down in section 42 for prosecution 41 (1) the food safety officer may search any place, seize any article of food or adulterant, if there is a reasonable doubt about them being involved in commission of any 10 offence relating to food: power of search, seizure, investigation, prosecution and procedure thereof provided that no search shall be deemed to be irregular by reason only of the fact that witness for the search are not inhabitants of the locality in which the place searched is situated (2) save as in this act otherwise expressly provided, provisions ofthe code of criminal 15 procedure, 1973 relating to search, seizure, summon, i~vestigation and prosecution, shall 2 of 1974 apply, as far as may be, to all action taken by the food safety officer under this act 42 (1) the food safety oficer shall be responsible for inspection of food business, drawitig samples and sending them to food analyst for analysis procedure for launching prosecution (2) the food analyst afier receiving the sample from the food safety officer shall analyze the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to designated oflicer with a copy to commissioner of food safety (3) the designated officer afier scrutiny of the report of food analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention punishable with imprisonment, he shall send his recommendations within 25 fourteen days to the commissioner of food safety for sanctioning prosecution (4) the commissioner of food safety shall, if he so deems fit decide, within the period presciibed by the central government, as per the gravity of offence, whether the matter be referred to,- (a) a court of ordinary jurisdiction in case of offences punishable with 38 imprisonment for a term upto three years; or (6) a special court in case of offences punishable with imprisonment for a term exceeding three years where such special court is established and in case no special court is established, such cases shall be tried by a court of ordinary jurisdiction (5) the commissioner of food safety shall communicate his decision to the designated 35 officer and the concerned food safety officer who shall launch prosecution before courts of ordinary jurisdiction or special court, as the case may be; and such communication shall also be sent to the purchaser if the sample was taken under section 40 43 (1) the food authority may notify food laboratories and research institutions accredited by national accreditation board for testing and calibration laboratories or any other accreditation agency for the purposes of cawing out analysis of samples by the food analysts under this act (2) the food authority shall, establish or recognize by notification, one or more 4 5 referral food laboratory or laboratories to cany out the functions entrusted to the referral food laboratory by this act or any niles and regulations made thereunder recognition and accreditation o f laboratories, research institutions and referral food laboratory (3) the food authority may frame regulations specifying- (a) the functions of food laboratory and referral food laboratory and the local area or areas within which such functions may be carried out; (b) the procedure for submission to the said laboratory of samples of articles of food for analysis or tests, the forms of the laboratory's reports thereon and the fees payable in respect of such reports; and (c) such other matters as may be necessary or expedient to enable the said laboratory to carry out its fbnctions effectively 44 the food authority may recognize any organization or agency for the purposes of food safety audit and checking compliance with food safety management systems required under this act or the rules and regulations made thereunder recognition o f organisation or agency for food safety audit food - analysts 45 the commissioner of food safety may, by notification, appoint such persons as he thinks fit, having the qualifications erescribed by the central government, to be food analysts for such local areas as may be assigned to them by the commissioner of food safety: provided that no person, who has any financial interest in the manufacture or sale of any article of food shall be appointed to be a food analyst under this section: provided fkrther that different food analysts may be appointed for different articles of food functions of food analyst 46 (1) on receipt of a package containing a sample for analysis fiom a food safety officer or any other person, the food analyst shall compare the seal on the container and the outer cover with specimen impression received separately and shall note the conditions of the seal thereon: provided that in case a sample container received by the food analyst is found to be in broken condition or unfit for analysis, he shall within a period of seven days fkom the date ofreceipt of such sample inform the designated officer about the same and send requisition to him for sending second part of the sample (2) the food analyst shall cause to be analyzed such samples of article of food as may be sent to him by food safety officer or by any other person authorised under this act (3) the food analyst shall, within a period of fourteen days fiom the date of receipt of any sample for analysis, send : (i) where such sample is received under section 38 or section 47 ,to the designated officer, four copies of the report indicating the method of sampling and analysis; and (ii) where such sample is received under section 40 , a copy of the report indicating the method of sampling and analysis to the person who had purchased such article of food with a copy to the designated officer: provided that in case the sample can not be analyzed within fourteen days of its receipt, the food analyst shall inform the designated officer and the commissioner of food safety giving reasons and specifying the time to be taken for analysis (4)an appeal against the report of food analyst shall lie before the designated officer who shall, if he so decides, refer the matter to the referral food laboratory as notified by the food authority for opinion 47 (1) when a food safety officer takes a sample of food for analysis, he shall - sampling and analysis (a) give notice in writing of his intention to have it so analysed to the person fiom whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed ; (b) except in special cases as may be provided by rules made under this act, divide the sample into four parts anc! mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such placeand in such manner as may be prescribed by the central government: 5 provided that where such person refuses to sign or put his thumb impression, the food safety officer shall call upon one or more witnesses and take his signature or thumb impression, in lieu of the signature or thumb impression of such person; (c) (i) send one of the parts for analysis to the food analyst under intimation to the designated officer; \a (ii) send the remaining two parts to the designated oficer for keeping these in safe custody ; and (iii) give one part to food business operator for making available to the said authorities, if required (2) when a sample of any article of food or adulterant is taken ,the food safety officer 15 shall, by the immediately succeeding working day, send the sample to the food analyst far the area concerned for analysis and report (3) where the part of the sample sent to the food anaiyst is iost or damaged, the designated officer shall, on a requisition made to him, by the food analyst or the food safety officer, despatch one of the parts of the sample sent to him, to the food analyst for 20 analysis (4) an article of food or adulterant seized, unless destroyed, shall be produced before the designated officer as soon as possible and in any case not iater than seven days after the receipt of the report of the food analyst: provided that if an application is made to the designated officer in this behalf by the 2 5 person from whom any article of food has been seized, the designated officer shall by order in writing direct the food safety officer to produce such article before him within such time as may be specified in :he order (5) in case of imported articles of food, the authorized officer of the food authority shall take its sample and send to the food analyst of notified laboratory for analysis who 3a shall send the report within a period of five days to the authorised officer (6) the designated oficer, the food safety oficer, the authorised officer and the food analyst shall follow such procedure as may be specified by regulations general 48 (1)a person may render any article of food injurious to health by means of one or provisions more of fie following operations, namelyrelating to offences (a) adding any article or substance to the food; (6) using any article or substance as an ingredient in the preparation ofthe food; (c) abstracting any constibents from the food; or 4 0 (4 subjecting the food to any cther process or treatment, wit! the knowledge that it may be soid or offered for na!e o~ distributed for hma? consumption (2) in determining whether any food is unsafe or injurious to hesl!h, regard sha!l be had to- (a) (i) the normal conditions of use !?f the fo'ood by the consumsr and ik havdling 45 at each stage of production, processing and disrribution, (iq the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods not only to the probable, immediate or short-term or long-term effects of that food on the health of a person consuming it, but also on subsequent generations; (iii) to the probable cumulative toxic effects; (iv) to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers; and (v) also to the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities; (6) the fact where the quality or purity of the article, being primary food, has fallen below the specified standard or its constituents are present in quantities not within the specified limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then such article shall not be deemed to be unsafe or sub-standard or food containing extraneous matter explanation-for the purposes of the this section, "injury", includes any impairment, whether permanent or temporary, and "injurious to health" shall be construed accordingly; 49 while adjudging the quantum of penalty under this chapter, the adjudicating officer or the tribunal, as the case may be, shall have due regard to the following - general provisions relating to penalty (a) the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention, (b) the amount of loss caused or likely to cause to any person as a result of the contravention, (c) the repetitive nature of the contravention, (4 whether the contravention is without his knowledge, and 8 (e) any other relevant factor 50 (1) any person who sells to the purchaser's prejudice any food which is not in compliance with the provisions of this act or the regulations made thereunder, or of the nature or substance or quality demanded by the purchaser, shall be liable to a penalty not exceeding two lakh rupees penalty for selling food not of the nature or substance or quality demanded (2) in a proceeding under sub-section (i), it shall not be a defence that the purchaser was not prejudiced because he bought the article of food for analysis or examination penalty for sub-standard food 51 any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distnbutes or imports any article of food for human consumption which is sub-standard, shall be liable to a penalty which may extend to five 1akh;rupees; penalty for misbranded food 52 (1) any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded, shall be liable to a penalty which may extend to three lakh rupees (2) the adjudicating officer may issue a direction to the person found guilty of an offence under this section, for taking corrective action to rectifl the mistake or such article of food shall be destroyed 53 (i) any person who publishes, or is a party to the publication of an advertisement, which- penalty for misleading advertisement (a) falsely describes any food; or (b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees (2) in any proceeding the fact that a label or advertisement relating to any article of food in respect of which the contavention is alleged to have been committed contained an 5 accurate statement of the composition of the food shall not preclude the court fiom finding that the contavention was committed 54 any person whether by himselfor by any other person on his behalf nanufactures for sale or stores'or sells or distributes or imports any article of food for human consumption containing extraneous matter, shall be liable to a penalty which may extend to one lakh i ci rupees penalty for food containing extraneous matter 55 if a food business operator or importer without reasonable ground, fails to comply with the requirements of this act or the regulations or orders issued thereunder, as directed by the food safety officer , he shall be liable to a penalty which may extend to two lakh rupees is penalty for failure to comply with the directions of the food safety officer 56 any person who, whether by himself or by any o'ther person on his behalf, manufactures or processes any article of food for human consumption under unhygienic or unsanitary conditions, shall be liable to a penalty which may extend to one lakh rupees penalty for unhygienic or unsanitary processing or manufacturing of food penalty for prossessing adulterant 57 (i) subject to the provisions ofthis chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale , or stores, sells or 2 0 distribute any adulterant shall be liable- (i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees; (i~') where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees; 25 (2) in a proceeding under sub-section (i), it shall not be a defence that the accused was holding such adulterant on behalf of any other person | 58 ||--------------------------------------------------------------------------------------------|| thereunder, for the contravention of which no penalty has been separately provided in this || chapter, shall be liable to a penalty which may extend to two lakh rupees || 30 || penalty for || contraventions || for which no || specific || penalty is || provided || punishment || for unsafe || food |59 any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable,- (i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one 35- lakh rupees; (ii) where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees; (iii) where such failure or contravention results in a grievous injury, with 46 imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees; (iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees 60 if a person without the permission of the food safety oflicer, retains, removes or punishment for interfering with seizcd items 5 tampers with any food, vehicle, equipment, package or labelling or advertising material or other thing that has been seized under this act, shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to two lakh rupees 61 if a person, in connection with a requirement or direction under this act, provides punishment for false information ( 0 any information or produces any document that the person knows is false or misleading, shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees 62 if a person without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a food safety officer in exercising his functions 15 under this act, shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupees punishment for obstructing or impersonating a food safety oficer 63 if any person or food business operator himself or by any person on his behalf who is required to obtain licence, manufactures, sells, stores or distribute or imports any article of food without licence, shall be punishable with imprisonment for a term which may 20 extend to six months and also with a fine which may extend to one lakh rupees punishment for carrying out a business without licence punishment for subsequent offences 64 (1) if any person, after having been previously convicted of an offence punishable under this act subsequently commits and is convicted of the same offence, he shall be liable t o- (i) twice the punishment, which might have been imposed on a fmt conviction, 25 subject to the punishment being maximum provided for the same offence ; and (ii) a further fine on daily basis which may extend upto one lakh rupees, where the offence is a continuing one ; and (iii) his licence shall be cancelled (2) the court may also cause the offender's name and place of residence, the 30 offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine; 65 (1) without prejudice to the other provisions ofthis chapter, if any person whether compensation in case of injury or death of consumer 3s by himself or by any other person on his behalf, manufactures or sells or imports any article, of food causing injury to the consumer or his death, it shall be lawful for the adjudicating officer or as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim, a sum- (a) not less than five lakh rupees in case of death; (b) not exceeding three lakh rupees in case of grievous injury; and (c) not exceeding one lakh rupees, in all other cases of injury (2) where any person is held guilty of an offence leading to grievous injury or death, the adjudicating officer or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender's 4 5 expense in such newspapers or in such other manner as the adjudicating officer or the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine (3) the adjudicating officer or the court may also,- (a) order for cancellation of licence , re-call of food from market, forfeiture of establishment and property in case of grievous injury or death of consumer; (b) issue prohibition orders in other cases 66 (1) where an offence under this act which has been committed by a company, 5 offences by companies every person who at the time the offence was committed was in charge of, and was responsible to , the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that where a company has different establishments or branches or different lo units in any establishment or branch, the concerned chief executive or the person in-charge of such establishment, branch, unit nominated by the company as responsible for food safety shall be liable for contravention in respect of such establishment, branch or unit provided further 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 is committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (i), 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, 20 any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation-for the purpose of this section,- (a) " company" means any body corporate and includes a fm or other association 2s of individuals; and (6) "director" in relation to a firm, means a partner in the firm 67 (1) any person who imports any article of food which is in contravention of the provisions of this act, rules and regulations made thereunder, shall, in addition to any penalty to which he may be liable under the provisions of the foreigntrade (development 30 and regulation) act, 1992 and the customs act, 1962 be also liable under this act and shall 22 of 1992 be proceeded against accordingly 52 of 1962 (2) any such article of food shall be destroyed or returned to the importer, if permitted by the competent authority under the foreign trade (development and regulation) act, 1992 or the customs act, 1962, or any other act, as the case may be 3 5 penalty for contravention of provisions of this act in case of import of articles of food to be in addition to penalties provided under any other act chapter x adjudication and food safety appellate tribunaladjudication 68 (1) for the purposes of adjudication under this chapter, an officer not below the rank of additional district magistrate ofthe district where the alleged offence is committed, shall be notified by the state government as the adjudicating officer for adjudication in the 4 o manner as may be prescribed by the central government (2) the adjudicating officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has committed the contravention of provisions of this act or the rules or the regulations made thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to 4 5 that offence (3) the adjudicating officer shall have the powers of a civil cowt and- (a) all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code (45 of 1860); (6) shall be deemed to be a court for the purposes of sections 345 and 346 of the 5 code of criminal procedure, 1973 (2 of 1974) (4) while adjudicating the quantum of penalty under this chapter , tllz adjudicating officer shall have due regard to the guidelines specified in section 49 69 (1) the commissioner of food safety may, by order, empower the designated power to oficer, to accept from petty manufactllrers who himself manufacture and sell any article of offences 1 q food, retailers, hawkers, itinerant vendors, temporary stall holders against whom a reasonable belief exists that he has committed an offence or contravention against this act, payment of sum of money by way of composition of the offence which such person is suspected to have committed (2) on the payment of such sum of money to such officer, the suspected person, if in is custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person (3) the sum of money accepted or agreed to be accepted as composition under sub section (i), shall not be more than one lakh rupees and due regard shall be made to the guidelines specified in section 49: 20 provided that no offence, for which punishment of imprisonment has been prescribed under this act, shall be compounded 70 (1) the central government or as the case may be, the state government may, by notification, establish one or more tribunals to be known as the food safety appellate tribunal to hear appeals from the decisions of the adjudicaring officer under section 68 establishment of food safety appellate tribunal 25 (2) the central government or the state government, as the case may be, shall prescribe, the matters and areas in relation to which the tribunal may exercise jurisdiction (3) the tribunal shall consist of one person only (hereinafter referred to as the presiding officer of the tribunal) to be appointed, by notification, by the central government or the state government, as the case may be: 30 provided that no person shall be qualified for appointment as a presiding oficer to the tribunal unless he is or has been qualified to be a district judge (4) the qualifications, appointment, term of ofice, salary and allowances, resignation and removal of the presiding officer shall be such as may be prescribed by the central government 35 (5) the procedure of appeal and powers of the tribunal shall be such as may be prescribed by the central government 71 (1) the tribunal shall not be bound by the procedure laid down by the code of procedure and powers of the tribunal 5 of 1908 civil procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this act and the rules made thereunder, the tribunal shall have 40 powers to regulate its own procedure including the place at which it shall have its sittings (2) 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 ' 45 on oath; (b) requiring the discovery and production of documents or other electronic records; (c) receiving evidence on affidavits; (4 issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; u> dismissing an application for default or deciding it ex -parte; (g) any other matter which may be prescribed by the central government 5 (3) every 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 ofthe indian 45 of 1860 penal code, 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 2 of 1974 (4) the appeliant may either appear in person or authorize one or more legal practitioners i o or any of its officers to represent his case before the tribunal (5) the provisions of the limitation act, 1963, sha!l, except as otherwise provided in 36 of 1963 this act, apply to an appeal made to the tribun~l (6) any person aggrieved by any decision or order of the tribunal may file an appeal to the high court within sixty days from the date of communication of the decision or order 1 5 of the tribunal to him on any question of fact or law arising out of such order: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appezl within the said period, allow it to be filed within a hrther period not exceeding sixty days civil court 72 no civil court shall have jurisdiciion to entertain any suit or proceeding in respect 20 have of any matter which an adjudicating officer or the tribunai is empowered by or under this jurisdiction ,4ct to deten-ninc 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 ac? power of 73 notwithstanding anything contained in the code of criminal procedure, 1973, all ~ ' 2 of 1974 'o 'v offenoes not triable by a special court, shall be tried in a stunmary way by a judicial magistrate cases summarily of the first class or by a metropolitan magistrate and the provisions of sections 262 to 265 (both inclusive) of the said code shall, as far as may be, apply to such a trial: provided that in the case of any conviction in a summary trial under this section, it shall be lawhi for the magistrate to pass a sentence of imprisonment for a term not exceeding 30 one year: provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall after hearing 32 the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said code special courts 74 (i) notwithstanding anything contained in this act or in the code of criminal "d "blic procedure, 1973, the central government or the state government in their respective'cn2 of 1974 prosecutor jurisdictions may, if consider expedient and necessary in the public interest, for the purposes of the trial of offences relating to grievous injury or death ofthe consumer for which punishment of imprisonment for more than three years has been prescribed under this act, constitute, by notification in the official gazette, as many special courts with the concurrence ofthe chief justice of the high court as mzy be necessary for such area or areas and for exercising such 4 5 jurisdiction, as may be specified in the notification (2) a special court may, on its own motion, or on an application made by the public prosecutor and if it considers it expedient or deskable so to do, sit for any of its proceedings at any place other than its ordinary place of sitting (3) the trial under this act of any offence by a special court shall have precedence 5 over the trial of any other case against the accused in any other court (not being a special court) and shall be concluded in preference to the trial of suck other case and accordingly the trial of such other case shall remain in abeyance (q for every special court, the central government or the state government, as the case may be, shall appoint a person to be the public prosecutor and may appoint more than l o one person to be the additional public prosecutors: provided that the central government or the state government, as the case may be, may also appoint for any case or class or group of cases, a special public prosecutor (5) a person shall not be qualified to be appointed as a public prosecutor or an additional public prosecutor or a special public prosecutor under this section ilnless he has is been in practice as an advocate for not less than seven years or has held any post, for a period of not less than seven years, under the union or a state, requiring special knowledge of law 75 where, after taking cognizance of any offence, a special court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try power to transfer cases to regular courts 20 such offence, transfer the case for the trial of such offence to any court having jurisdiction under the code of criminal procedure, 1973 (2 of 1974) and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence 76 (i) any person aggrieved by a decision or order of a special court may, on payment appeal 25 of such fee as may be prescribed by the central government and after depositing the amount, if any, imposed by way of penalty, compensation or damage under this act, within forty-five days from the date on which the order was served, prefer an appeal to the high court: provided that the high court may entertain any appeal after the expiry of the said period of forty-five days, if it is satisfied that the appellant was prevented by sufficient cause 30 for filing the appeal within the said period (2) an appeal preferred under this section shall be disposed of by the ~igh'court by a bench of not less than two judges 77 notwithstanding anything contained in this act, no court shall take cognizance of an offence under this act after the exphy of the period of one year from the date of commission time limit for prosecutions 35 of an offence: provided that the commissioner of food safety may, for reasons to be recorded in writing, approve prosecution within an extended period of upto three years 78 where at any time during the trial of any offence under this act alleged to have been committed by any person, not being the importer, manufacturer, distributor or dealer of power of court to implead manufacturer, etc bo any article of food, the court, is satisfied, on the evidence adduced before it, that such importer, manufacturer, distributor or dealer is also concerned with that offence, then the court may, notwithstanding anything contained in sub-section (3) of section 3 19 ofthe code 2 of 1974 of criminal procedure, 1973, or in section 71, proceed against him as though a prosecution has been instituted under this act 49 79 notwithstanding anythiig contained in section 29 of the code ofcriminal procedure, 2 of 1974 1973, it shall be lawkl for the court of ordinary jurisdiction to pass any sentence authorised by this act, except a sentence of imprisonment for a term exceeding six years in excess of his powers under the said section magistrate's power to impose enhanced punishment defences 80 (a) defence relating to publication of advertisements- - - which may or may not be ( i ) in any proceeding for an offence under this act in relation to the publication allowed in of an advertisement, it is a defence for a person to prove that the person carried on the prosecution under this business of publishing or arranging for the publication of advertisements and that the ~ c t : person published or arranged for the publication of the advertisement in question in 5 the ordinary course of that business (2) clause ( i ) does not apply if the person: (a) should reasonably have known that the publication ofthe advertisement was an offence; or (b) had previously been informed in writing by the relevant authority that i o publication of such an advertisement would constitute an offence; or (c) is the food business operator or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published (b) defence of due diligence-(?} in any proceedings for an offence , it is a defence if it is proved that the i y person took all reasonsb!~ precautions and exercised al! due diligence to prevent the commission of the offence by such person or by another person under the person's control (2) without limiting the ways in which a person may satis@ the requirements of clause ( i ) , a person satisfies thnze requirements if it is proved: 20 (a) that the con~rnissicrn orrhe offence was due to- (!) an anc? ar default qf another person; or (11') reliance on information supplied by another person; and (h) (9 the penou carried out all such checks of t!re food concerned as were aeasonabte in sll the circi~nstaricen; or 25 (ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied such food to the person; and (c) that the person did not import the food into the jurisdiction from another country; and (4 in the case of an offence involving the sale of food, that- 30 (i) the person sold the food in the same condition as and when the person purchased it, or (r'i) the person sold the food in a different condition to that in which the person prchased it, but that the difference did not result in any contravention of this act or the rules and regulations made thereunder, and 35 (e) that the person did not know and had no reason to suspect at the time of commission of the alleged offence that the person's act or omission would constitute an offence under the relevant section (3) in sub-clause (a) of clause (t), another person does not include a person who was- 46 (a) an employee or agent of the defendant, or (b) in the case of a defendant which is a company, a director, employee or agent of that company (4) without limiting the ways in which a person may satisfy the requirements of clauses (i) and item (i) of sub-clause (6) of clause (z), a person may satisfy those requirements by proving that- (a) in the case of an offence relating to a food business for which a food safety programme is required to be prepared in accordance with the regulations, the person complied with a food safety programme for the food business that complies with the requirements of the regulations, or (6) in any other case, the person complied with a scheme (for example, a quality assurance programme or an industry code of practice) that was- (i) designed to manage food safety hazards and based on national or international standards, codes or guidelines designed for that purpose, and (ii) documented in some manner (c) defence of mistaken and reasonable belief not available- 15 in any proceedings for an offence under the provisions of this act, it is no defence that the defendant had a mistaken but reasonable belief as to the facts that constituted the offence (d) defence in respect of handling food- in proceedings for an offence under section 56, it is a defence if it is proved that the 20 person caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the manner that was likely to render it unsafe (e) defences of significance of the nature, substance or quality of food-it shall be no defence in a prosecution for an offence pertaining to the sale of any unsafe or misbranded article of food to allege merely that the food business operator was 25 ignorant of the nature, substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale budget of food authority 81 (1) the food authority shall prepare, in such form and at such time in each 30 financial year as may be prescribed by the central government , its budget for the next financial year, showing the estimated receipts and expenditure of the food authority and forward the same to the central government (2) the food authority with the prior approval of the central government , shall adopt financial regulation which specifies in particular, the procedure for drawing up and 35 implementing the authority's budget 82 (1) the central government may, after due appropriation, make to the food authority grants of such sumsof money as the central government may think fit finances of the food authority (2) the food authority on the recommendation of the central advisory committee shall specifl a graded fee from licensed food business operator , accredited laboratories or lid food safety auditors to be charged by the commissioner of food safety accounts and audit of food authority 83 (1) the food authority shall maintain proper accounts and relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor general of india (2) the comptroller and auditor-general and any person appointed by him in 45 connection with the audit of the accounts of the food authority under this act shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor general generally has in connection with the audit of 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 food authority (3) the accounts of the food authority , as certified by the comptroller and auditor 5 general or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the food authority and the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliament 84 (1) the food authority shall prepare once every year, in such form and at such lo annual report of food authority time as may be prescribed by the central government, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government and state governments (2)a copy of the report received under sub-section (i) shall be laid, as soon as may be after it is received, before each house of parliament is chapter xi185 (i) without prejudice to the foregoing provisions of this act, the food authority shall, in exercise of its powers and in performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to technical and 20 administrative matters, as the central government may give in writing to it from time to time: provided that the food authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section power of central government to issue directions to food authority and obtain reports and returns (2) 1f any dispute arises between the central government and the food authority as to whether a question is or is not a question of policy, the decision of the central government 95 thereon shall be final (3) the food authority shall furnish to the central government such returns or other information with respect to its activities as the central government may, from time to time, require 86 the central government may give suchdirections, as it may deem necessary, to a 30 state government for carrying out all or any of the provisions of this act and the state government shall comply with such directions power of central government to give directions to state governments 87 the members, officers of the food authority and the commissioners of food safety and their officers shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 2 1 of $45 of 1860 the indian penal code members, off~cers of food authority and commissioner of food safety to be public servants protection of action taken in good faith 88 no suit, prosecution or other legal proceedings shall lie against the central government, the state government, the food authority and other bodies constituted under this act or any officer of the central government, the state government or any member, officer or other employee of such authority and bodies or any other officer acting under this 40 act for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder 89, the provisions of this act shall have effect notwithstanding mything inconsistent therewith contained in any other law for the time being in force or in any instrume3t having effect by virtue of any law other than this act overriding effect of this act over all other food related laws 90 on and from the date of establishment of the food authority, every employee 5 holding office under the central government agencies administering food hws immediately before that dateshall bold his office in the food authority by thesame tenureand upon the same terns and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the food authority had not been established and sbsll continue to do so as an employee of the f o d authority or i 0 utltil the expiry of the period of six months from that date ifsuch employee opts not to be the eniployee &the food authority transfer of existing employees of central government agencies governing various food related acts or orders to the food authority 91 (1) tile ccntra! government may, by notitication en the osctai gazette, m?ke rules for carrying oct the provisions of this act power of central government to make mles (2) in particclar, and without prejudice to the generality ofthe foregoing power, such 15 rules may provide for all or any of the foliowing matters, name1i:- (a) salary, terms and conditions of service of chairperson and members other than ex officio members under sub-section (2) and the manner of s~hscribing to an oath of office and secrecy under sub-section (3) of section 7; (h) oualification of food safety officer under sub-section ( i ) of section 37; 2 a jc ) the mafiner of taking the extract of documer!ts seized under sub-clause (8) of section 38; (4 determination of cases for referring to appropriate courts and time frsme for such determination under sub-section (4) of section 42; (e) qua!ifications of food analysts under sectiorl45; 2 c (f) the manner of sending sample for ana!ysis and details of the ~rccedure to be followed in this regard under sub-section ( i ) of section 47; (g) the procedure to be followed in adiudication of cases under sub-section ( i ) of section 68; (h) qualifications , terms of ofice, resignation and removal of presiding officer 3 0 under sub-section (4), the procedure of appeal and powers of tribunal under subsection (5) of section 70; (i) any other matter relating to procedure and powers of tribunal under clause (g) of sub-section (2 ) of section 7 1 ; ( j ) the fee to be paid for preferring an appeal to the high court under sub-section 35 (1) of section 76; (k) form and time of preparing budget under sub-section(\) of section 8 1 ; (i) form and statement of accounts under sub-section (i) of section 83 ; (m) the form and time for preparing annual report by food authority under subsection(1) of section 84 ; and 4 0 (n) any other matter which is required to be, or may be , prescribed or in respect of which provision is to be made by rules by the central government power of 92 (1) the food authority may, with the previous approval of the central government food and after previous publication, by notification, make regulations consistent with this act authority to make and the rules made thereunder to cany out the provisions of thfs act 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, namely:- 5 (a) salaries and other conditions of service of officers and other employees of the food authority under sub-section (3) of section 9; (b) rules of procedure for transaction of business under sub-section (5) of section 1 1 ; (c) other functions of the central advisory committee under sub-section (2) of lo section 12; (4 procedure of scientific committee and panels under sub-section (4) ofsection 15; (e) notifying standards and guidelines in relation to articles of food meant for human consumption under sub-section (2) of section 16; i s u> procedure to be followed by food authority for transaction of business at its meetings under sub-section ( i ) of section 17; (g) making or amending regulations in view of urgency concerning food safety or public health under clause (4 of sub-section (2) of section 18; (h) limits of additives under section 19; 20 (i) limits of quantities of contaminants , toxic substance and heavy metals, etc under section 20; (j) tolerance limit of pesticides, veterinary drugs residues, etc, under section 2 1 ; (k) the manner of marking and labelling of foods under section 23; (i) form in which guarantee shall be given under sub-section (4) of section 26; 3-5 (m) conditions and guidelines relating to food recall procedures under subsection (4) of section 28; (n) regulations relating to functioning of food safety officer under sub-section (5) of section 29; (0) notifying procedure for the licensing and registration of food business for 30 the manufacture, processing or sale of safe food, the fees payable therefor, the deposit of any sum as security for the performance of the conditions of licensing and the circumstances under which such license or security may be cancelled or forfeited under section 3 1 ; @) the respective areas of which the designated officer shall be in-charge for 3c food safety administration under sub-section ( i ) of section 36; (q) procedure in getting food analysed, details of fees , etc, under sub-section ( i ) of section 40; (r) functions, procedure to be followed by food laboratories under sub-section (3) of section 43; 40 (s) procedure to be followed by officials under sub-section (6) of section 47; (t ) financial regulations to be adopted by the food authority in drawing up its budget under sub-section (2) of section 8 1 ; (u) issue guidelines or directions for participation in codex meetings and preparation of response to codex matters; and 4s (v) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations laying of ru!es and regulations before parliament 93 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation power of state government to make rules 94 (1) subject to the powers of the central government and the food authority to make rules and regulations respectively, the state govenunent may, after previous publication and with the previous approval of the food authority, by notification in the official gazette, make rules to cany out the functions and duties assigned to the state government and the state commissioner of food safety under this act and the rules and regulations made thereunder (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any ofthe following matters, namely :- (a) other functions of the commissioner of food safety under clause (n of subsection ( 2) of section 30; (b) earmarking a fund and the manner in which reward shall be paid to a person rendering assistance in detection of offence or apprehension of offender under section 95; and (c) any other matter which is required to be, or may be prescribed or in respect of which provision is to be made by rules by the state government (3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses or where such state legislature consists of one house, before that house reward by state government 95 the state government may empower the commissioner of food safety to order payment of reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed by the state government 96 a penalty imposed under this act, if it is not paid, shall be recovered as an arrear recovery of penalty of land revenue and the defaulters licence shall be s~spended till the penalty is paid -repeal and savings 97 (1) with effect from such date as the central government may appoint in this behalf, the enactments specified in the second schedule shall stand repealed: provided that such repeal shall not affect :- (i) the previous operations of the enactments under repeal or anything duly done or suffered thereunder; or (ii) any right, privilege, obligation or liabiiity acquired, accrued or incurred under any of the enactments under repeal; or (iii) any penalty, forfeiture or punishment incurred in respect of any offences committed against the enactments under repeal ; or (iv) any investigation or remedy in respect of any such penalty , forfeiture or punishment, and any such investigation, legal proceedings or remedy may be instituted , continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed: (2) if there is ary other law for the time being in force in any state corresponding to this act, the same shall upon the commencement of this act stand repealed and in such case, the provisions of section 6 of the general clauses act 1897 shall apply as if sgch i ( j 111 1847 provisions of tile state law had been repealed (3) notwithstanding :?e repeal or modification of the aforesaid enactments, the 5 licences issued under any si~ch enactment which are in f ~ r c e on :he date ot'commencernent ofthis act, shal! continue to be in force till the date of their expiry for all purposes as if they had been issuec! under the provisions ofthis act nr the rules or regulations tilade thereunder (4)notwithstandinganything corltaincd in 3ny ott!:r 1%1\, tor the time being ir: force no court shall take cognizance ofan nf5i';lce under the repii~!ed aci after tlie expiry of'a period : g ofthree years from the date orthe commencelnent o!'tfiih act transitory provisions for food standards 98 notwithstanding !he repfa1 of the enactnient and orders specitied in the second schedule the standards, safely requiremenr~ and other provisions of the acts and the rulcs and regulations made thereunder and orders listed in that schcd~ile shall continue to be in force'and operate till new standards arc specified ur,der this act or rules and regulastionr; :t made thereunder: provided that anytl~ing done or any action :ahen under rhe enactment and orders under repeal sha!l be dezmed to have becn done or taken under the corresponding p r ~ i s i o n s of this act and shall continue in force accnrdrngly ur:less and until wperseded by anything done or-by any action taken under this act: 2 c 99 (!)on and from the date ofcomn~encement ofthis act the milk and milk products order, ! 992 issued under the essential commodities act, 1955 shall be deemed to be the milk i of 195% and milk products regulations,l992 issued b? the food authority under this act (2) the f o ~ d authority !nay, with the previous approval of the central (;o\lemment and after previous p?~blicatic~n, by notification arneild the regulations specified ir? sub- 25 milk and milk products order, 1992 >hal! he deemed :o be regulations made under this act section ( i ) to carry out the purposes of this aci 100 as from the sppainted day, the provisions of the infant milk substitutes, feeding bottles and ir,cznt foods (regulation of production supply and distribution) act, 1992 41 of 1992 (herein referred to as the principal act) shall appiy subject to the following amendments, name!y :--- 3 0 (a) throughout !he principal act, any reference to "the prevention of the food adulteration act, 1954" shall be substituted by reference to "the food safety and 37 of 1954 standards act, 2005" amendments to the infant milk substit~:tcs, feeding boltles and !nfant foods (regulation of production, suppiy aid distribut~on) act, 1992 (b) in section 12 of the principa! act tile reference to "any food inspector appointed under section 9 ofthe prevenrion of the food adulteration act, 1954" shall35 37 of 1954 he substituted by reference to "any food safety qfficer appointed under the food safety and sta~~dards act, 2005" ; (c) throughout the principal act, any reference to "food inspector" shall be substituted by the expression "the-food safety officer"; and (6) in section 2 1 of the principal act, ir? sub-section ( i ) , the reference to clause 4 u (a) shall be substituted by the following, namely:- " (a) the designated officer or tne food safety oficer directed under subsection (5) of section 42 of the food safety and standards act, 2005 or '' ; power to reniove dificulties 101 (i) if any difficulty arises in giving effect to the provisions ofthis act, the central government ma); by order published in the official gazette, make such provisions not 45 inconsistent with the provisions of this act, as may appear to be necessary, for removing the difiiculty : provided that no order shall be made under this section after the expiry ofthe period of three years from the date of commencement of this act (2) evety order made under this section shall be laid, as soon as may be after it is made, before each house of parliament [ see section 5 ( i ) (e) ] zone i 1 andhra pradesh, 2 assam, 3 bihar, 4 gujarat, 5 kerala, 6 madhya pradesh, 7 tanil nadu zone i1 1 maharashtra, 2 karnataka, 3 orissa, 4 punjah, 5 rajasthan, 6 uttar pradesh, 7 west bengal zone 111 1 jamrnu and kashrnir, 2 nagaland, 3 haryana, 4 himachal pradesh, 5 manipur 6 tripura, 7 meghalaya zone iv 1 sikkim, 2 mizoram, 3 arunachal pradesh, 4 goa, 5 chattisgarh, 6 uttaranchal, 7 jharkhand zone v1 delhi, 2 andaman and nicobar islands, 3 lakshadweep, 4 dadra and nagar haveli, 5 daman and diu, 6 pondicherry, 7 chandigarh second !xhedule (see section 97)1 the prevention of food adulteration act, 1954 (37 of 1954) 2 the fruit products order, 1955 3 the meat food products order, 1973 4 the vegetable oil products (control) order, 1947 5 the edible oils packaging (regulation) order, 1998 6 the solvent extracted oil, de oiled meal, and edible flour (control) order, 1967 7 the milk and milk products order, 1992 8 any other order issued under the essential commodities act, 1955 ( 10 of 1955) relating to food

Parliament_bills

4522189d-46e6-572f-9620-26d0b0e72e4a

on 6th december, 2019 bill no xxxix of 2019 the victims of floods caused by heavy rains, cyclones and other reasons (rehabilitation and welfare) bill, 2019 a billto provide for the protection and rehabilitation of victims of floods which may be causedby heavy rains, cloudbursts, cyclones, breached bunds of dams, reservoirs, etc andother reasons by making various provisions through a statutory board at nationallevel which may also suggest measures to be taken by central and stategovernments to control floods and for matters connected therewithand incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the victims of floods caused by heavy rains, cyclones and other reasons (rehabilitation and welfare) act, 2019short title, extent and commencement(2) it extends to the whole of india (3) 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 other cases, the central government;(b) "board" means the national board for rehabilitation and welfare of floodvictims established under section 3;10(c) "prescribed" means prescribed by rules made under this act;establishment of board3 (1) the central government shall, as soon as may be, but within a period of sixty days from the date of commencement of this act, by notification in the official gazette, establish for the purposes of this act a national board for rehabilitation and welfare of flood victims5(2) the board shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to contract, and shall, by the said name, sue or be sued(3) the headquarters of the board shall be at aurangabad in the state of maharashtra and its regional offices shall be located in the capital of each state and union territory(4) the board shall consist of:—10(i) a chairperson, a deputy chairperson and six other members to be appointed by the central government in such manner as may be prescribed;(ii) not more than one representative each from the states and union territories to be nominated by the respective state governments and union territories administrations15(5) the central government shall provide to the board such number of officers and staff as may be necessary for the efficient functioning of the board20(6) the salaries and allowances payable to and other terms and conditions of service of the chairperson, deputy chairperson and other members, officers and staff of the board shallf be such as may be prescribed(7) the board shall comply with such directions as may, from tie to tie, be given to it by the central government(8) the board shall meet at such ties and places and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed25functions of the board4 (1) the board shall discharge such functions as may be necessary for the protection and rehabilitation of victims of floods caused by heavy rains, cloudbursts, cyclones, breached bunds of dams, reservoirs, etc(2) without prejudice to the generality of the provisions contained in sub-section (1), the board may also provide for:—30(a) making a detailed study and analysis of floods caused in the past in the regions and areas of the country and identify areas in every state and union territory which are prone to floods;35(b) making provision for accelerated water drainage system in the residentialareas prone to floods in particular which are near the rivers or the sea, as the case may be;(c) suggesting policy with regard to construction of houses and commercialestablishments near the rivers and beaches;(d) making provision for providing permanent shelters capable of withstandingthe severity and intensity of flood waters to the people of identified floodprone areas;40(e) steps to be taken for plantation of trees and shurbs as afforestation measurein and around floodprone areas and in particular near the rivers and hilly areas where landlides are caused by floods or heavy rain to mitigate the gravity of floods and cloudbursts;(f) installing flood forecasting systems to alert the people of floodprone areas;45(g) making provision for providing food, drinking water and other necessities inflood-affected areas during floods in such manner as may be prescribed;(h) making provision for boats and other rescue materials for the rescue of people in flooded areas;(i) making recommendations to the central government for minimizing the loss of lives and properties in flood affected and flood prone areas;5(j) keeping perpetual surveillance, carrying out inspections and monitoring rescueoperations during the floods;5 it shall be the duty of the appropriate government to implement the recommendations of the boardappropriate government to implement recommendations of the board6 notwithstanding anything in this act or any other law for the time being in force, the central government shall pay compensation of,—10compensation in case of death or serious injury during flood(i) rupees ten lakh to the nearest kin of a person who has lost his life in flood;(ii) rupee five lakh in case of a serious injury to a person affected by flood;annual report157 (1) the board shall prepare, in such form and at such time, as may be prescribed, its annual report, giving a true and full account of its activities during the previous financial year and submit a copy thereof to the central government(2) the central government shall cause the annual report to be laid before each house of parliament20 8 the central government shall, after due appropriation made by parliament by law in this behalf provide to the board requisite funds every year for the effective implementation of this actcentral government to provide requisite funds9 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 rules10 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act25 statement of objects and reasonsin several parts of our vast nation floods are a regular phenomenon cause by mother natures fury every year even this year floods have wreaked havoc in various states like bihar, uttar pradesh, punjab, himachal pradesh, uttrakhand, madhya pradesh, chhatisgarh, maharashtra, assam, odisha, etc it has not spared even desert states like gujarat and rajasthan bihar, assam and eastern uttar pradesh face the fury of floods every year caused by rivers emanating from nepal and china apart from the fury of mother nature humans too have contributed immensely in the matter pollutted environment, unplanned and uncontrolled development in the cities particulary those which are near the rivers and sea, ruthless destructin of jungles, rampant use of plastic, toxic gases, chemicals, etc leads to disruption in the weather cycle in the country frequently culminating in the fury of floods the floods devastage quite a large number of villages, cities and damage properties, crops, roads and kill people and livestock the agricultural land also undergoes severe soil erosion due to these floods country suffers huge losses in terms of human lives, livestock, properties, crops, etc thereby increasing the financial burden of the governments of the day at the same time people become homeless and get displaced and face innumerable problems including safety of their livesthough the central goverment and state governments and their agencies to their level best to provide relief to the victims of floods and their kins by making temporary arrangements of shelter, food etc for them, it is felt that there still is need to have a permanent statutory body to suggest measure to control floods as such a national board needs to be established to exclusively deal with natural calamity of floods in the countryhence this billrajkumar dhoot financial memorandumclause 3 of the bill provides for the establishment of a national board for rehabilitation and welfare of flood victims clause 8 makes it obligatory for the central government to provide requisite funds for effective implementation of the provisions of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible to quantify the amount at this stage but it is estimated that an amount of one thousand crores rupees may involve as recurring expenditure per annum a non-recurring expenditure to the tune of five hundred crore rupee may also involve for creating assets memorandum regarding delegated legislationclause 10 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 therefore of normal character———— a billto provide for the protection and rehabilitation of victims of floods which may be causedby heavy rains, cloudbursts, cyclones, breached bunds of dams, reservoirs, etc andother reasons by making various provisions through a statutory board at nationallevel which may also suggest measures to be taken by central and stategovernments to control floods and for matters connected therewithand incidental thereto————(shri rajkumar dhoot, mp)

Parliament_bills

aa2462bd-1a8c-5c68-a8f7-e5bed7761aff

bill no 7 of 2013 the bihar reorganisation (amendment) bill, 2013 byshri nishikant dubey, mpa billto amend the bihar reorganisation act, 2000be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the bihar reorganisation (amendment) act, 2013short title and commencement(2) it shall be deemed to have come into force from the twenty-fifth day ofaugust, 200030 of 20005amendment of the eighth schedule2 in the eighth schedule to the bihar reorganisation act, 2000, in paragraph 4, for thewords ''in the ratio of number of employees of each successor state'', the words ''in the ratio of population of each successor state'' shall be substituted statement of objects and reasonsthe eighth schedule to the bihar reorganisation act, 2000 deals with apportionment of pension between two successor states of bihar and jharkhand it provides for apportionment of pension liability in the ratio of number of employees however, this provision is causing loss to the exchequer of the government of jharkhand it may be pointed out that the reorganisation of madhya pradesh and uttar pradesh happened in the same year 2000 along with the reorganisation of the state of bihar in the case of reorganisation of the erstwhile states of madhya pradesh and uttar pradesh, the basis for apportionment of pension liability of successor states was the ratio of population however, in the case of reorganisation of the erstwhile state of bihar, the apportionment of pension liability of successor states was not provided on the basis of ratio of populationwhile the formula of population ratio has been adopted in the case of all new states created ever since 1956, it is not clear why a deviation was made only in case of successor state of jharkhand, which was a nascent state trying to get on its feet after years of backwardness and neglect this provision has put an extra annual burden of nearly two thousand two hundred crore rupees, which the state has been paying over the last ten years the proposed amendment to the eighth schedule aims to provide that the pension liability, which is presently being calculated on the basis of ratio of number of employees, will be calculated on the basis of ratio of population, with retrospective effect, ie, from 15 november2000, the date of notification of the bihar reorganisation act, 2000 so that the state of jharkhand is able to recoup the losses it had suffered unjustifiablyhence this billnew delhi;nishikant dubeydecember 4, 2012 annexure (extracts from the bihar reorganisation act, 2000) (30 of 2000) the eighth schedule (see section 53)amendment of the eighth schedule2 in the eighth schedule to the bihar reorganisation act, 2000, in paragraph 4, for the words ''in the ratio of number of employees of each successor state'', the words ''in the ratio of population of each successor state'' shall be substituted apportionment of liability in respect of pensions and other retirement benefits4 there shall be computed, in respect of the period commencing on the appointed day and ending on the 31st day of march of that financial year and in respect of each subsequent financial year, the total payments made in all the successor states in respect of pensions and other retirement benefits referred to in paragraphs 1 and 2 the total representing the liability of the existing state of bihar in respect of pensions and other retirement benefits shall be apportioned between the successor states in the ratio of number of employees of each successor state and any successor state paying more than its due share shall be reimbursed the excess amount by the successor state or state paying less ———— a billto amend the bihar reorganisation act, 2000————(shri nishikant dubey, mp)gmgipmrnd—4599ls—08022013

Parliament_bills

db9d3f09-65df-539e-ae71-03866238d7a7

bill no 242 of 2016 the guardians and wards (amendment) bill, 2016 bydr dharam vira gandhi, mp a billfurther to amend the guardians and wards act, 1890be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—amendment of section 102 in section 10 of the guardians and wards act, 1890 (hereinafter referred to as the principal act), in sub-section (1), for clause (b), the following clause shall be substituted, namely:—5"(b) whether the minor is married and, if so, the name, religion, date of birth and ordinary residence of the spouse";amendment of section 193 in section 19 of the principal act, for clause (a), the following clause shall be substituted, namely:—"(a) of a minor, who is a married and whose spouse is not, in the opinion of the court, unfit to be a guardian of the person of the minor, or"10amendment of section 214 in section 21 of the principal act, for the word "wife" at both the places, the word"spouse" shall be substitutedamendment of section 415 in seciton 41 of the principal act, in sub-section (1), for clauses (d) and (e), the following clauses shall be substituted, namely:—15"(d) by the marriage of the ward to a person who is not unfit to be guardian of the person of the ward or, if the guardian was appointed or declared by the court, by the marriage of the ward to a person who is not, in the opinion of the court, so unfit; or20(e) in the case of a ward whose father or mother was unfit to be guardian of the person of the ward, by the father or mother ceasing to be so or, if the father or mother was deemed by the court to be so unfit, by his or her ceasing to be so in the opinion of the court" statement of objects and reasonsthe guardians and wards act, 1890 establishes the rights and duties of the guardian of a ward the responsibility of being a guardian under the act has been vested only to the husband or the father of a minor the wife or the mother of a minor also holds the capability to be the guardian of the minorin 1890, when the guardians and wards act was enacted, the provisions were well suited for the society however, with the passage of time, there has been an increased participation of women in every sphere of activities including acting as the head of the family and also as the sole parent of a minor keeping this in view, the law should not discriminate on the basis of sex while bestowing the title of guardianship of a minor the bill, therefore, seeks to amend the guardians and wards act, 1890 with a view to provide for the removal of discrimination based on gender which takes away the right of a guardianship from womenhence this billnew delhi;dharam vira gandhijuly 20, 2016 annexure extract from the guardians and wards act, 1890 (8 of 1890) 10(1) form of application(a) (b) where the minor is a female, whether she is married, and, if so, the name and age of her husband; 19 (a) of a minor who is a married female and whose husband is not, in the opinion of court unfit to be guardian of her person, or, guardian not to be appointed by the court in certain cases capacity of minors to act as guardians21 a minor is in competent to act as guardian of any minor except his own wife or child or, where he is the managing member of an undivided hindu family, the wife or child of another minor member of that family 41 (1) the powers of a guardian of the person cease—(a) cessation of authority of guardian(b) (c) (d) in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of her person or, if the guardian was appointed or declared by the court, by her marriage to a husband who is not, in the opinion of the court, so unfit; or(e) in the case of a ward whose father was unfit to be guardian of the person of the ward, by the father ceasing to be so or, if the father was deemed by the court to be so unfit, by his ceasing to be so in the opinion of the court lok sabha————— a billfurther to amend the guardians and wards act, 1890—————(dr dharam vira gandhi, mp)gmgipmrnd—2647ls(s3)—19102016

Parliament_bills

195cc6ca-94a6-5878-a159-9d4995d2497e

financial memorandumclause 3 of the bill provides for the purchase of cotton from cotton growers by the central government through the cotton corporation of india clause 5 provides that the entire cotton grown by small and marginal cotton growers shall be compulsorily insured free of cost by the central government against natural calamities, etc clause 6 provides for the establishment ofa cotton growers welfare fund to which the central government and state governments shall contribute in such ratio, as may be prescribed the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees two hundred crore per annum a non-recurring expenditure to the tune of rupees three hundred 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 this bill the rules will relate to matters of detail only the delegation of legislative power is of a normal character

Parliament_bills

48b53128-f03f-5c36-b615-df0e30054aa7

bill no 77 of 2008 the national highways authority of india (amendment) bill, 2008 a billfurther to amend the national highways authority of india act, 1988be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the national highways authority of india (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, appointamendment of section 368 of 19882 in the national highways authority of india act, 1988, in section 3, for sub-section(3), the following shall be substituted, namely:— "(3) the authority shall consist of :—(i) a chairman; (ii) not more than six full-time members; and (iii) not more than six, but at the least four, part-time members,to be appointed by the central government by notification in the official gazette:provided that the central government shall, while appointing the part-time members, ensure that at least two of them are non-government professionals having knowledge or experience in financial management, transportation planning or any other relevant discipline" statement of objects and reasonssection 3 of the national highways authority of india act, 1988 provides for constitution of the national highways authority of india as per sub-section (3) of the said section, the authority shall consist of (i) a chairman; (ii) not more than five full-time members; and (iii) not more than four part-time members keeping in view the vastly increased mandate for national highways authority of india and also the greatly enhanced participation envisaged for the private sector, it is proposed to amend sub-section (3) of section 3 to increase the strength of full-time members from five to six and part-time members from four to six to allow induction of professionals of repute in the fields of financial management, transportation planning and other relevant areas induction of outside professionals will enhance the capacity of the authority to take strategic decisions, widen its perspective, bring in the best management practices, and assist in achieving the goal of higher private participation2 the bill seeks to achieve the above objectst r baalunew delhi;the 5th december, 2008 financial memorandumsub-section (3) of section 3 of the national highways authority of india act, 1988provides for a chairman, not more than five full-time members, and not more than four parttime members clause 2 of the bill seeks to amend sub-section (3) of section 3 of the said act to provide for not more than six full-time members and not more than six, but at the least four, part-time members2 the salaries and allowances of additional full-time and part-time members of the authority shall be paid by the national highways authority of india (nhai)3 the bill does not involve any other expenditure of a recurring or non-recurring nature annexure extract from the national highways authority of india act, 1988 68 of 1988 chapter ii the national highways authority of india3 (1) (3) the authority shall consist of —constitution of the authority(i) a chairman; (ii) not more than five full-time members; and (iii) not more than four part-time members,to be appointed by the central government by notification in the official gazette———— a bill further to amend the national highways authority of india act, 1988————(shri tr baalu, minister of shipping, road transport and highways)gmgipmrnd—4421ls(s-5)—16122008

Parliament_bills

5f559014-ad87-5928-9724-2ba0e3dc7697

bm no 112 of 1983 the chandigarh disturbed areas bill, 1983 a billto make better provision for the suppression of disorder and for the restoration and maintenance of public order in disturbed 4r8gb in chandigarh be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1 (1) this act may be called the chandigarh disturbed areas act, short, 1983 title, u-(2) it extends to the whole of the union territory of chandigarh tent and commencement (3) it shall be deemed to have come into force on the 7'th day of october, 1983 2 in this act,-deftn1-tiod' 10 (a) "administrator" means the administrator of the union territory of chandigarh appointed under article 239 of the constitution; (b) "disturbed area" means the area which is for the time being declared by notification under section 3 to be a disturbed area 3 the administrator may, by notification in the oftlcial gazette, 15 declare that the whole or any part of the union territory of chandigarh as may be specified in the notification, is a disturbed area powers to declare areaato be disturbed 1ireu contravening certain orders • any magistrate or police officer not below the rank of sub-inspector or havildar in case of the armed branch of the police may, if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning, as he may consider necessary, fire upon, or otherwise use force, even to the causing of death, against any person 5 who is acting in contravention of any law or order for the time being in force in the disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances powers to destroy arms· dump, fortlfled politioilll, etc 5 any magistrate or police officer not below the rank of a sub- 10 inspector may, if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made or any structure used as training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any 15 offence 6 no suit, prosecution or other legal proceedings shall be instituted except with the previous sanction of the administrator against any person in respect of anything done or purporting to be done in exer~ of the powers conferred by sections 4 and 5 80 protection of persona act1nl under hctiona 4 and i '1 (1) the chandigarh disturbed areas ordinance, 1983, is hereby 8 of 1918 repealed repeal ancl uvine· (~) notwithstanding suah repeal, anything done or any action taken un~r the said ordinance shall be deemed to have been done or tabn under the co~nding provisions of this act statement of objects and reasonsthe activities of the extremists, terrorists and secessionist elements in the state of punjab and the union territory of chandigarh have been a matter of serious concern these persons have been indulging in violent activities, terrorist methods and encouraging illegal activities in order to arm the police authorities in chandigal'h with additional powers to deal with the situation which had arisen as a result of these activities and to restore conditions of peace and normalcy in chandigarh" the lpresident promulgated on the 7th day of october, 1983, the chandigarh disturbed areas ordinance, 1983 (no6 of 1983) 2 the bill seeks to replace the ordinance new 'deihl; p c sethi the 8th november, 1983 - a billto make better provision for the buppr88lion of disorder and for the reatoration and maintenance of public order in dibturbed are in chandigarh (shri p c sethi, minuter of home atilt,,)

Parliament_bills

63234baa-2898-596c-b895-93da6faad38a

bill no 138 of 2016 the free and compulsory primary, secondary, higher and technical education bill, 2016 by shri rajesh ranjan, mp a billto provide for free and compulsory primary, secondary, higher and technical education to every child in order to eradicate illiteracy and overall development of children and enabling them to pursue their higher studies without any hindrance and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—technical education act, 2016short 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) "child" means a male or a female who has attained the age of four years but has not attained the age of twenty-five years;(c) "higher and technical education" means education beyond senior secondary level and includes education in the fields of law, theology, medicine, technology, business, music or art;(d) "parent" in relation to a child includes guardian and every person who has the actual custody of the child for the time being;10(e) "prescribed" means prescribed by rules made under this act; and (f) "primary and secondary education" means education in a school from primary to senior secondary level153 (1) notwithstanding any custom, usage or belief of any section of the society, every parent shall compulsorily admit his children in a school, on completion of four years of age in order to enable them to get primary education(2) no person including a parent shall engage a child in any household job or employ a child in a manner which prevents the child from attending the schoolcompulsorily admission of children in school and prohibition on their employment(3) whoever contravenes the provisions of sub-section (1) or (2) shall be guilty of an offence under this act204 (1) the appropriate government shall provide free and compulsory primary, secondary, higher and technical education to every child(2) the appropriate government shall establish adequate number of schools within its territorial jurisdiction including special schools for physically challenged children at such places as it may deem necessary with such basic facilities, as may be prescribed25appropriate government to provide free and compulsory primary, secondary, higher and technical education to every child(3) if any child intends to pursue higher studies beyond the primary and secondary educational levels, the appropriate government shall provide free higher and technical education to such child with all such facilities, as may be prescribed30(4) the appropriate government shall provide the following facilities to every student enrolled in primary to secondary schools and in higher and technical educational instutions:—(i) free books, note books and stationery items; (ii) free school uniforms; (iii) free hostel facilities and meals;35(iv) free vocational training wherever necessary; and (v) scholarships in such cases, as may be prescribed5 the central government shall, after due appropriation made by parliament by law in this behalf, provide necessary funds to the state governments, from time to time, for carrying out the purposes of this actcentral government to provide adequate funds40penalty6 (1) if any person including a parent for any reason whatsoever, prevents or restrains or in any manner obstructs the child from receiving primary, secondary, higher or technical eduation, such person shall be liable to simple imprisonment for a term which may extend upto six months and also with a fine which may extend upto fifty thousand rupees(2) whoever employs a child resulting in obstructing him from attending the school for primary and secondary education shall be liable to imprisonment for a term which shall not be less than two years but may extend upto five years and also with fine which may extend upto one lakh rupees5offences to be cognizable7 notwithstanding anything contained in the code of criminal procedure, 1973, theoffences under this act shall be congnizableact to have overriding effect8 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 force10power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act15(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 reasonsarticle 21a of the constitution provides that it is the responsibility of the state to provide free and compulsory education to all children of age of six to fourteen years although, government has taken many steps in this regard but they are inadequate we have not been able to provide education to all children even after almost seven decades of independencethe ability to read and write is an essential element of human capability literacy is the first step towards acquiring tools of learning and opening the doors for knowledge and information education expands opportunities for human beings, empowers them to resist oppression and to claim their rightsour education system is very expensive and all citizens cannot afford it parents with meagre incomes are unable to send their children to school for primary, secondary, higher and technical education therefore, it is necessary to provide textbooks, scholarships, hostel facilities, etc to the poor students so that parents are encouraged to send their children to school to pursue higher studies thereafter therefore, it is necessary to provide for free and compulsory education at all levels including primary, secondary, higher and technical education with scholarships to meritorious studentshence this billnew delhi;rajesh ranjanapril 13, 2016 financial memorandumclause 4 of the bill provides for free and compulsory education to children by opening adequate number of schools including special schools for physically challenged children clause 5 provides that central government shall provide necessary funds 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 estimated that a sum of rupees twenty thousand crore will be involved as recurring expenditure per annum from the consolidated fund of indiaa sum of rupees ten thousand crore will also be involved as non-recurring expenditure memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the provisions of this bill the rules will relate to matters of detail only the delegation of legislative power is of normal character———— a billto provide for free and compulsory primary, secondary, higher and technical education toevery child in order to eradicate illiteracy and overall development of children andenabling them to pursue their higher studies without any hindrance and formatters connected therewith or incidental thereto————(shri rajesh ranjan, mp)

Parliament_bills

c5c33b4f-c9af-5812-94eb-6add4f3a2031

bill no 3 of 2015 the constitution (amendment) bill, 2015 byshri janardan singh sigriwal, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 2 after article 21a of the constitution, the following article shall be inserted,—insertion of new article 21b''21b (1) every citizen shall have the right to shelter in such manner as the state may, by law, determine5(2) nothing in clause (1) shall prevent the state from making any provision for fixing criteria for allotment of houses to the citizens(3) nothing in this article shall prevent the state from making any special housing schemes for senior citizens, physically challenged persons, persons belonging to the scheduled castes, and scheduled tribes, other backward classes, divorced women and other weaker sections of the society10explanation—for the purpose of this article, ''shelter'' means a dwelling unit with all basic civic amenities'' statement of objects and reasonseven after six decades of independence, crores of citizens are still homeless they have to suffer the elements in all its fury—be it winter, summer or rainy season the problem of homelessness is increasing day-by-day both in rural and urban areas population explosion and other social and economic factors are the major reasons for housing shortage in the country due to acute shortage of houses in the country, lakhs of poor people are forced to live on the pavements, footpaths, bus shelters, under flyovers and bridges, as they cannot afford houses of their own crores of people are living in jhuggi and jhopris, kutcha and semi-pucca houses which lack basic facilities like sanitation, electricity, clean water, etc shelter is one of the basic human needs it is necessary that the government should come forward to ensure adequate housing for homeless citizens not only because it is their right, but, because it is an investment that would guarantee a healthy and satisfied citizensthe supreme court has recognized the right to housing by bringing it within the ambit of right to life at the same time, housing right has been recognized and reaffirmed in all international and regional covenants, which have been ratified by our country hence, the central and state governments are under legal obligation to provide adequate housing to the millions of people who are living in absolute homelessness therefore, it has become more necessary to incorporate right to shelter as a fundamental right in the constitutionthe bill seeks to achieve the above objectivenew delhi;janardan singh 'sigriwal'december 17, 2014 financial memorandumclause 2 of the bill provides for incorporation of right to shelter in the fundamental rights of the citizens the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give an exact amount of expenditure to be involved however, it is estimated that an annual recurring expenditure of about rupees ten thousand crore is likely to be involveda non-recurring expenditure of about rupees two thousand crore is also likely to be involved annexure extract from the constitution of india right to education21a the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine ———— a billfurther to amend the constitution of india————(shri janardan singh 'sigriwal', mp)gmgipmrnd—4151ls(s-3)—04022015

Parliament_bills

4a476827-f7a5-51d4-b702-f815eeb0dc2d

the additional duties of excise (goods of spbcial importance) amendment bill, 196, bill furtlief' to clmend the addirioncll-dutia of e=ih (goodl of spteicil importance)·· act, 1957ba it enacted by parliament in the sixteenth year of the republle of idcua as follows:-1 (j) thui act may be called the additional dutl of bxd8e bbozit:ltj (goods of special importance) amendment act, 1985 us 5 (02) it ihall come into force on the 1st day ot april, 19m ,lor 1957 i in the long title of the additional duties ot ezelle (gooda of amdd special importance)" ¥t, 1957 (hereidafter referred to u the ·malo! prlncis! act),' for the words, figures and letter udated the l'tb :: day· of dftcembtr ·1881", the worcd, flgurea and letter mdated the 10 12th clay of augult, 1965" lball be iubitituteci 3 in the principal act, for the second schedule, the followinl' schedule thall be substituted, namely:- 'the second schedule (see section 4)1 in this schedule, "net proceeds", as respects any financial year, 5 means the net proceeds 01 the additional duties in respect of lugar, tobacco, cotton fabrics, silk fabrics woollen fabrics and rayon or artificial silk fabri'~:; \"vied and collected during that financial year 2 during each of the financial years commencing on and after the 1st day of april, 1965, there shall ·be paid,-10 (a) to the state of jammu and kashmir a 'sum equal to 1'5 per cent of the net proceeds; (b) to the state ot n agaland a sum equal to o' 05 per cent ' o~ the net, pr~s; a·nd : - ~ " 1j, , (c~ ~c! eaah of the' states, specifteq in' the ftrst colluim of is the table-(i) a sum equal to the amount 'specified against that -, state in the second column of the table;' and ~ (wi)· if,·the'total of the sums'8peciaed 1ft the· aecond column of the table is less than 97' 45 per,,·cent of the det~40 proceeds by any amount, a further sum equal to such percent- in ~ ," : -~' age"of that amount 'as' is specifted' against that state in the ~"1v - third column' of the table: , , " p~ov!ded that i~ during that 1lnai)cial year there is levjed ~~ and' collected in any state a tax on the sale or purch'lse of 2s ~ug~, tqbacco" cqttc?n fabrtcs, sil~ fabji~, woollen fab~ci r: ' ~ r aj)(i rayon· 01 artift~ia1_ si~lt fabrics by or un~er any law of , • \" t' ' "~- \ ' that ;'state, no', ~~ms sh~~l qe p~;ra,bl~to tha~ ',s~ate under c1auae (4), or clauie (b), or, u the case'may be, under clause ____ -(c) -in-respect of that ftnanci81 year~ unless the central ~ - - rmpat by lpecial order oth6rwjae d:freeta~ ' taiu 2 rupees in lakhs 3" percentage i' 5',' 'r state ' andhra pradcsh 7'42, , " assam 23"24 8,'oet , -130'16 ',1 !9b 6'17 bihar ~ '·n"~t·, '1' " ~~j ,; e 11'43 kerala madhya pradcsh 323'4' 9"08,:, 1""17 madras "()5 4'62 n'i3 - a85'34 19'87 maharashtra • is mysorc 637'77 100'10 s'21 2,,8 orissa 85'10 punjb ~ rajasfban 17~' 19-90'10 -utt-(pr-dcsh 20 west benlat " ' -,·5'01 3' 17 7'83 11'93', ~7"8i 280'41 ~ bill to amend the additfonal 'dutta of hc:i8e (goock of 8pec1al lj:nponanee) act, 1967, for alvln,reet to ,the recomm~ucq made by the fourth j'1dance commialqa lor the dimtbu~ &moog,the $tatesof the net proceecu of adc:litional'duu8i of ezc1m levied by the union in replcement of atat' 'ale ~ oil maar, tobacco, cotton fabrics, silk fabrics, woollen fabrics adc:l rayon ~ arwldal auk fabrics, aeept the proceecu ef them duu attributable to unaga trritarl xrw diua; t t kribrnaiiachaiu ~he 20th nowmhr, 1881 , jo ' '_i president's recommendation under article 117 and 274 of the constitution of india [copy of letter no f 13 (if) -b/65, deted the 22dd november, 1965 from shri t t kriahnamachari, minister of finanee to tbe secretary, lok sabba] the president having been informed of the subject matter of the proposed bill to further amend the additional duues of exdae (goods of special importance) act, 1957, in pursuance of the principles of distribution formulated and the reco~ilciatlods made by the finance collllllilalon in its report deted 12th day of aup, 1965, recommends under article 117 (1) and (3) of the constitution of india read with article 274 thereof, the introduction of the addi- ' tiona! duties of exclae (goods of speclal importance) amendm_t bill, 1985, in the lok sabha and aljo the conlideratlon of the bill tbia 'lfw"doei dotidvolve any additiodal paymeti to'lie stau cnt of tbecouiolkiated j'udd ollddia avet' anahove wbit~tbe1 are entitled to pt udder theexllting' arranpmenuthe :statei";ahare " of, additkm,l ezi:lnllnext yew on the t!'lditidc'level of tldticm s-,: expeetecf to ajdoujit to about eron8 :, ,," ' ' " , (58 or '195't) an act to provide for the levy and couection f)f ddttio~ c:iques of exclie on certein' goods and for the distribution of a part of the net procet~·, ~1otereof among the states in pursuance of the principles of distribution fomiulated and the recommendations made by the finance commission in its :report dated the 14th day of december, 1961 - - - - - the second schedule(see section 4) 1 in this schedule "net proceeds", as respects any financial year, means the net proceeds of the additional duties in respect of sugar, tobacco, cotton fabrics, silk fabrics, woollen fabrics and rayon or_ artificial ~uk labrics levied and collected during that financial year -, , 2, during each of the financial years commencing on and after the 1st april, 1962, there shall be paid,--(a) to the state of jammu and kashmir a sum equal to 1· 5 per cent of the net proceeds; (aa) to the state of nagaland, as from the date of formation of ~hat state, a sum equal to o· 05 per cent of the net proceeds: provided that a sum equal to 002 per cent of the net proceeds during the financial year 1963-64 shall be payable in respect of the period ending with the 31st march, 1964; (b) to each of the states specified in the first column of the table-(i) a sum equal to the' amount specified against that state in the second column of the table; and (ii) if the total of the sums payable to all the states under the preceding provisions of this paragraph is less than - -- -•• ~-! 99' 02 per cent, during the financial year 1963-84 and 99' 05 per cent, dur;ing each of the subsequent financial years ot the net proceed by any amount, a further sum equal to buch_ percentage of that amount u is lpeclfled against that state in the third column of the table: provided that if during that financial year there is levied and collected in any state a tax on the sale or purchase of lugar, tobacco, cotton fabrics, silk fabrics, woo-hen 'fabrics and rayon or artificial silk fabrics by or under any law of that state, no iuidi shall be payable to that state under clause (a) or claule (citi), or the cue may be, under clause (b) in respect of that bandal year, unless tile central government by special order otherwise direct,·· 1 2 3 (rupee in zakhb) , 'a1ldhrr pradesh , , , 235'24 ' "7~75 assam ' , 8&08 2'50 bihar 130'16 10'00 , gujarat , " 323'45 5'40 kerala 95'08 4'25 madhya pradesh , , 155'17 7'00 madras , , 285'34 9'00 maharashtra 637'77 10'60 mysore 100'10 5'25 orissa 85'10 4'f50 ---- punjab , 175'19 5'25 rajasthan 90'10 4:00 uttar pradesh , , 575'81 15'50 west bengal 280'41 g,oo --- a bill funber to amend the additional duties of excise (goods of special importance) act, 19'7,1 ($ hri t t krillrtumiaduiri "m~dip~) ::,; ,, ••••• '" •• r ~' : - -- , ,

Parliament_bills

deb15301-7c5c-5a69-95b7-7fa3ee042fb6

as introduced in the rajya sabhaon the 18th december, 2009 bill no xxiii of 2009 the constitution (amendment) bill, 2009 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2009short title and commencement(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint statement of objects and reasonswomen constitute half of the total population in the country but they are often harassed, abused, insulted and neglected of late, there has been a spurt in dowry related cases resulting in the death of the women bringing culprits to book as a crime assuming process and cases in courts remain pending for years and, therefore, it is felt that law alone cannot prevent maltreatment of women it is necessary to educate people and to sensitize them on gender related issues it should be the duty of every citizen of the country to renounce violence against women, desist from giving or taking dowry and protect women from crimes it is, accordingly, proposed to amend the constitution so as to include this aspect as a fundamental duty of every citizenhence this billt subbara`mi reddy annexure extracts from the constitution of india part iv a fundamental duties 51a fundamental duties(a) (b) (c) (d) (e) to promote harmony and the spirit of common brotherhood amongst all the people of india transcending religious, linguistic and regional or sectional diversities, to renounce practice derogatory to the dignity of women; rajya sabha———— a billfurther to amend the constitution of india————(dr t subbarami reddy, mp)gmgipmrnd—5603rs(s5)—18-12-2009

Parliament_bills

8d32143f-d9cc-5dac-b455-bc6af22650d8

bill no 18 of 2017 the code of criminal procedure (amendment) bill, 2017 bydr thokchom meinya, mp a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the code of criminal procedure (amendment) act, 2017short title and statement of objects and reasonsviolence against women in disturbed areas often goes unnoticed due to impunity provided to armed forces under the provision of extraordinary laws of the country this contradicts with the fundamental right enshrined in article 21(a) which relates to protection of life and personal liberty based on the unequal power structures in the society, women are discriminated against and are vulnerable this contradicts with fundamental rights mentioned in article 15 which pertain to prohibition of discrimination on grounds of religion, race, caste, sex or place of birththe provision of international humanitarian laws suggest that women shall be treated with all the regard (article 12 of first and second geneva convention of 1949 and article 14 of third geneva convention of 1949)the most comprehensive international laws for the basic human rights is the 1974united nations general assembly declaration on the protection of women and children in emergencies and armed conflicts, which recognized "the need to provide special protection of women and children belonging to the civilian population" for they are "too often the victims of inhuman acts and consequently suffer serious harm" it prohibited "all forms of repression and cruel and inhuman treatment of women and children, including imprisonment, torture, shooting, mass arrests, collective punishment, destruction of dwellings and forcible eviction"; and condemned attacks and bombings on the civilian population and called for respect of basic human rights and humanitarian law in all casesthe 1993 declaration against violence against women adopted by the united nations general assembly signified an important step in defining violence against women as "any act of gender based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life" this definition comprises not only violence committed by the general community and by family members, but by the state too it also recognized in its preamble that women in situations of armed conflict are especially vulnerable to violencethe resolution on women, peace and security 1325 adopted by the united nations security council in 2000 requested the inclusion of women in peace building and peacekeeping operations and decision-making bodies it also called for the respect of human rights of women and urged the states to refrain from granting impunity to people who have committed genocide, war crimes and crimes against humanity, including those relating to sexual violence against womenthe increase in number of such crimes has been a matter of grave concern for the society and requires to be addressed urgentlythe bill, therefore, seeks to provide for protection of individual liberty, right to life, equality before law and prevention of victimization, prohibition of impunity to military personnels under the grab of extraordinary laws for the lives of vulnerable women in disturbed areashence this billnew delhi;thokchom meinyanovember 18, 2016 annexure extract from code of criminal procedure, 1973section 197 prosecution of judges and public servants prosecution of judges and public servants(2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government(3) the state government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "central government" occurring therein, the expression "state government" were substituted(3a) notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence, alleged to have been committed by any member of the forces charged with the maintenance of public order in a state while acting or purporting to act in the discharge of his official duty during the period while a proclamation issued under clause (1) of article 356 of the constitution was in force therein, except with the previous sanction of the central government ———— a billfurther to amend the code of criminal procedure, 1973————(dr thokchom meinya, mp)gmgipmrnd—4058ls(s3)—03022017

Parliament_bills

5b78fde8-f333-51e9-b5ed-fde15878f29b

bill no 90 of 2016 the maintenance and welfare of parents and senior citizens (amendment) bill, 2016 by shrimati poonam mahajan, mp a bill to amend the maintenance and welfare of parents and senior citizens act, 2007be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the maintenance and welfare of parents and senior56 of 2007amendment of section 22 in the maintenance and welfare of parents and senior citizens act, 2007, (hereinafter referred to as the principal act), in section 2, after clause (a), the following clause shall be inserted, namely:—5'(aa) "fund" means the senior citizens welfare fund constituted under section23a;'amendment of section 83 in section 8 of the principal act, in clause (3), for the words "any claim for maintenance", the words "any claim for maintenance or welfare of senior citizens" shall be substitutedamendment of section 9104 in section 9 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—"(2) the maximum maintenance allowance which may be ordered by such tribunal shall be awarded taking into consideration:—(i) the position and status of the parties; (ii) the reasonable wants of the claimant; and15(iii) the value of the claimant's property and any income derived from such property, or the claimant's own earning or earning from any other source"insertion of new chapter iiia5 after chapter iii of the principal act, the following chapter shall be inserted, namely:— "chapter iiia20 special provisions for senior citizens19a the state government shall provide the following facilities to senior citizens—facilities for the senior citizens(a) concessions—| ( | i | ) in all modes of transportation including reservation of seats and ||----------------------------------------------------------------------------|-----|---------------------------------------------------------------------------|| earmarking of seats in local public transport; | | || 25 | | || ( | ii | ) in gas and telephone connections; and || ( | iii | ) in entrance fees in leisure and entertainment facilities, art and || cultural centres and places of tourist interests; | | || ( | b | ) higher rate of interest to senior citizens on savings schemes in public || sector banks; and | | || 30 | | || ( | c | ) ease of accessibility to senior citizens by— || ( | i | ) removal of physical barriers to facilitate easy movement of senior || citizens in all public buildings; and | | || 35 | | || ( | ii | ) modifications in designs of public transport vehicles for easy entry || and exit and strict enforcement of traffic discipline at zebra crossing to | | || facilitate senior citizens | | |senior citizen identity card19b (1) the central government shall designate an agency at the national level for issuing identity cards to the senior citizens(2) the identity card issued under sub-section (1) shall be utilized to avail the benefits of various central and state government schemes meant for senior citizens40(3) the identity card issued under sub-section (1), shall contain particulars ofthe senior citizens including blood group, allergies, ailment and medication and an emergency contact number"6 in section 20 of the principal act,—amendment of section 20(a) for clause (i), the following clause shall be substituted, namely:—"(i) the government hospitals or hospitals funded fully or partially by the government earmark not less than ten per cent of the beds for senior citizens;"; and5(b) after clause (v), the following clauses shall be inserted, namely:—"(vi) health insurance for senior citizens is provided at affordable premium: provided that for senior citizens living below poverty line, the premium shall be paid by the state government;10(vii) facility of trained nurses is provided for needy ailing seniorcitizens at their residences;(viii) counseling facilities and information on the care and treatmentof senior citizens having psychological problems be provided;15(ix) non-governmental organizations get grants, training andorientation of their personnel and various concessions to provide ambulance services, day care and health care to senior citizens in order to complement the efforts of the state"amendment of section 217 in section 21 of the principal act, after clause (iii), the following clauses shall be inserted, namely:—20"(iv) voluntary organizations and associations of senior citizens are assisted toprovide helpline services, legal aid and other protective services;(v) senior citizens who have been abandoned are provided quality residentialaccommodation, medical facilities and all other concessions available under this act; and25(vi) police keeps a friendly vigil on senior citizens, either couple or single livingalone, and promote mechanism of interaction with neighborhood associations"8 after chapter v of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter va "chapter va senior citizens welfare fund3023a (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the senior citizens welfare fund for the welfare of senior citizens and there shall be credited—constitution of the senior citizens welfare fund(a) all sums received by way of grants, gifts, donations, benefactions, bequestsor transfer;(b) all sums received from the central government including grants-in-aids;35(c) all sums from such other sources as may be decided by the centralgovernment(2) all contributions to the fund shall be provided income tax relief to the extent of ten per cent40(3) the state governments shall also establish a similar fund for the welfare of thesenior citizens in the states concerned(4) the fund shall be utilized and managed in such manner as may be prescribedaccounts and audit of the fund23b (1) the central government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the fund including the income and expenditure in such form as may be prescribed in consultation with the comptroller and auditor-general of india5(2) the accounts of the fund shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the fund to the auditor-general of india10(3) the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the fund 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 account, and in particular, shall have the right to demand production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the fund15(4) the accounts of the fund as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be laid before each house of parliament by the central government" statement of objects and reasonsthe legislation for the maintenance and welfare of the parents and senior citizens came into place with the development of the provisions of article 41 read with entry 23 of the list iii concurrent list of schedule viii of the constitutionthe present maintenance and welfare of parents and senior citizens act, 2007 has provisions with regard to maintenance of parents and senior citizens, establishment of old age homes, medical care for senior citizens and specifies offences for non-fulfillment of the above since this is the only act which takes care of the rights of senior citizens, it should be holistic in nature the need is that focus should not be only in providing maintenance to the elderly but also ensuring a qualitative and productive life for them in the private as well as in public spherethe bill, therefore, seeks to amend the maintenance and welfare of parents and senior citizens act, 2007 with a view to provide for—(a) special provisions for senior citizens including concessions in travel, gas and telephone connections and entrance fees in leisure and entertainment facilities;(b) issuance of identity card for senior citizens in order to avail the benefits of various central and state government schemes of assistance;(c) removal of physical barriers to facilitate easy movement of senior citizens in public buildings and public transport;(d) extension of the scope of the maintenance tribunal for speedy disposal of complaints not only with regard to maintenance but also relating to fraudulent dealings, cheating and other claims of the welfare of senior citizens;(e) incorporation of certain criterion for the determination of the maximum amount of maintenance for the senior citizens as well as his family;(f) engagement of the services of voluntary organizations and associations of senior citizens in providing helpline services, legal aid and other protective services to senior citizens;(g) constitution of senior citizens welfare fund for the welfare of senior citizens; (h) affordable health insurance, specialized trained nurses, counseling facilities to senior citizen and training, grants and concessions to non-governmental organizations to provide ambulatory services, day care and health care to complement the efforts of the state hence this bill president's recommendation under articles 117(1), 274(1) and 117(3) of the constitution————[copy of letter no 15—36(72)/2015-16/agii dated 20 march, 2016 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 maintenance and welfare of parents and senior citizens (amendment) bill, 2016 (amendment of section 2, etc) by shrimati poonam mahajan, mp, recommends to the house the introduction of the bill under articles 117(1) and 274(1) and consideration under article 117(3) of the constitution———— financial memorandumclause 5 of the bill provides for creating necessary infrastructure in public buildings and public transport for ensuring easy accessibility of senior citizens it also provides for a issuance of identity card to senior citizens clause 8 provides for the constitution of senior citizens welfare fund to which contribution from the central government shall be credited the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees hundred crore would be involved as recurring expenditure per annuma non-recurring expenditure to the tune of rupees fifty crore is also likely to be involved annexure extract from the maintenance and welfare of parents and senior citizens act, 2007 (act no 56 of 2007)| | | | | | | ||--------------------------------------------------------------------------------------------|------|------|----------------------------------------------------------------------------------|------|------|-----|| definitions | | | | | | || 2 | ( | a | ) "children" includes son, daughter, grandson and grand-daughter but does not | | | || include a minor; | | | | | | || | | | | | | || summary | | | | | | || procedure in | | | | | | || case of | | | | | | || inquiry | | | | | | || 8 | ( | 3 | ) subject to any rule that may be made in this behalf, the tribunal may, for the | | | || purpose of adjudicating and decided upon any claim for maintenance, choose one or more | | | | | | || persons possessing special knowledge of any matter relevant to the inquiry to assist it in | | | | | | || holding the inquiry | | | | | | || | | | | | | || order for | | | | | | || maintenance | | | | | | || 9 | ( | 2 | ) the maximum maintenance allowance which may be ordered by such tribunal | | | || shall be such as may be prescribed by the state government which shall not exceed ten | | | | | | || thousand rupees per month | | | | | | || | | | | | | |20 the state government shall ensure that,—medical support for senior citizen(i) the government hospitals or hospitals funded fully or partially by the government shall provide beds for all senior citizens as far as possible;(ii) separate queues be arranged for senior citizens; (iii) facility for treatment of chronic, and degenerative diseases is expanded for senior citizens;(iv) research activities for chronic elderly diseases and ageing expanded; (v) there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care| | | | | | | ||------|------|------|------|------|------|-----|21 the state government shall, take all measures to ensure that—(i) the provisions of this act are given wide publicity through public media including the television, radio and the print, at regular intervals;measures for publicity, awareness, etc, for welfare of senior citizen(ii) the central government and state government officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this act;(iii) effective co-ordination between the service provided by the concerned ministries or department dealing with law, home affiars, health and welfare, to address the issues relating to the welfare of the senior citizens and periodical review of the same is conducted| | | | | | | ||------|------|------|------|------|------|-----|———— a billto amend the maintenance and welfare of parents and senior citizens act, 2007————(shrimati poonam mahajan, mp)gmgipmrnd—3047ls(s3)—19-04-2016

Parliament_bills

1bdf29e7-8d15-584c-ae48-9604f2967580

bill no 109 of 2017 the representation of the people (amendment) bill, 2017 byshri nishikant dubey, mp a billfurther to amend the representation of the people act, 1950be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the representation of the people (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, appoint43 of 1950amendment of section 142 in section 14 of representation of the people act, 1950, for clause (b), the followingclause shall be substituted, namely:—"(b) "qualifying date" in relation to preparation or revision of every electoralroll under this part, shall be the date on which a citizen applies for inclusion of his name in the electoral roll for the first time after attaining eighteen years of age" statement of objects and reasonsarticle 326 of the constitution stipulates that elections to the lok sabha and state assemblies will be on the basis of adult suffrage ie every person who is a citizen of india and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature, shall be entitled to be registered as a voter at any such electionclause (b) of section 14 of the representation of the people act, 1950 stipulates that the "qualifying date" in relation to the preparation or revision of every electoral roll means the 1st day of january of the year in which it is so prepared or reviseda combined reading of the above two provisions leads to a situation wherein, barring those who were born on 1st january, the rest of the youth have to wait till the 1st january of the year following the year in which he or she was born for getting included in the electoral rollthis anomaly virtually deprives a substantial proportion of the younger population of its right to exercise their franchise in the year in which he or she completes eighteen years of age this anomaly needs to be addressedthe bill, therefore, seeks to amend the representation of the people act, 1950 with a view to provide that "qualifying date" in relation to the preparation or revision of every electoral roll shall be the actual date of birth in respect of the citizens whose name are included for the first time in the electoral roll on completion of eighteen years of agehence, this billnew delhi;nishikant dubeyjanuary 11, 2017 annexure extracts from the representation of the people act, 1950 43 of 1950 part iii electoral rolls for assembly constituencies14 in this part unless the context otherwise requires,—definitions(a) "constituency" means as assembly constituency; (b) "qualifying date", in relation to the preparation or revision of every electoral roll under this part, means 4 [the 1st day of january] of the year in which it is so prepared or revised:provided that "qualifying date", in relation to the preparation or revision of every electoral roll under this part in the year 1989, shall be the 1st day of april, 1989 ———— a billfurther to amend the representation of the people act, 1950————(shri nishikant dubey, mp)gmgipmrnd—976ls(s3)—11-07-2017

Parliament_bills

68ec799c-c971-50a8-be0a-2315320be4a7

bill no 56 of 2008 the employees' state insurance (amendment) bill, 2008 a billfurther to amend the employees' state insurance act, 1948be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the employees' state insurance (amendment) act, 2008short title and commencement(2) it shall be deemed to have come into force on the 3rd day of july, 200834 of 19482 in the employees' state insurance act, 1948 (hereinafter referred to as the principal act), for chapter va, the following chapter shall be substituted, namely:—5substitution of new chapter for chapter va 'chapter va scheme for other beneficiariesdefinitions73a in this chapter,—10(a) "other beneficiaries" means persons other than the person insured under this act;(b) "scheme" means any scheme framed by the central government from time to time under section 73b for the medical facility for other beneficiaries;(c) "underutilised hospital" means any hospital not fully utilised by the persons insured under this act;(d) "user charges" means the amount which is to be charged from the other beneficiaries for medical facilities as may be notified by the corporation in consultation with the central government from time to timepower to frame scheme573b notwithstanding anything contained in this act, the central governmentmay, by notification in the official gazette, frame scheme for other beneficiaries and the members of their families providing medical facility in any hospital established by the corporation in any area which is underutilised hospital on payment of user chargescollection of user charges73c the user charges collected from the other beneficiaries shall be deemed tobe contribution and shall form part of the employees' state insurance fund1073d the scheme may provide for all or any of the following matters, namely:—scheme forother beneficiaries(i) the other beneficiaries who may be covered under this scheme; (ii) the time and manner in which the medical facilities may be availed bythe other beneficiaries;15(iii) the form in which the other beneficiary shall furnish particulars abouthimself and his family whenever required as may be specified by the corporation;(iv) any other matter which is to be provided for in the scheme or whichmay be necessary or proper for the purpose of implementing the scheme 73e the central government may, by notification in the official gazette, add to,amend, vary or rescind the scheme20power to amend scheme laying of scheme framed under this chapter2573f every scheme framed under this chapter 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 scheme or both houses agree that the scheme should not be made, the scheme 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 scheme'30repeal and savingord 7 of20083 (1) the employees' state insurance (amendment) ordinance, 2008, is herebyrepealed(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 principal act, as amended by this act statement of objects and reasonsthe employees' state insurance act, 1948 is a social security legislation that provides for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto2 the rashtriya swasthya bima yojana scheme has already become operational with effect from 142008 the scheme has picked up momentum almost all the states have agreed to implement the scheme and a majority of them have already advertised for the implementation of the same more than 125 lakh smart cards have been issued by 1562008 this number at present has risen to over 2 lakhs some recipients of these cards have already been assisted by way of hospitalisation it is, therefore, considered essential and urgent to enable employees' state insurance corporation to participate in the scheme with immediate effect by providing health services to the unorganised sector workers under the rashtriya swasthya bima yojana scheme, both the unorganised sector workers and the employees' state insurance corporation will benefit by the employees' state insurance corporation making available its vast network of hospitals for providing medical care on user charges, wherever the same are underutilised in view of the urgency as pointed out above, the employees' state insurance (amendment) ordinance, 2008 was promulgated on the 3rd july, 20083 the salient features of the said ordinance are as follows:—(i) it empowers the central government to frame schemes for any other person who is not insured under the employees' state insurance act, 1948 also to avail the medical facility in the employees' state insurance run hospitals;(ii) the facilities to other persons shall be given in the underutilised hospitals which are not fully utilised by the employees' state insurance beneficiaries;(iii) for availing medical facilities, the other persons shall pay the charges as may be notified by the corporation in consultation with the central government from time to time;(iv) the scheme shall provide the time and manner in which the medical facilities may be availed by other beneficiaries it shall also provide for the form in which the beneficiary shall furnish particulars about himself and his family members whenever required by the corporation 4 the bill seeks to replace the aforesaid ordinancenew delhi;oscar fernandesthe 29th september, 2008 memorandum regarding delegated legislationclause 2 of the bill seeks to substitute chapter va so as to empower the central government to frame a scheme for other beneficiaries and the members of their families providing medical facility in hospital established by the corporation in any area which is underutilised on payment of user charges2 the scheme may provide for all or any of the following matters, namely:—(i) the other beneficiaries who may be covered under this scheme; (ii) the time and manner in which the medical facilities may be availed by theother beneficiaries;(iii) the form in which the other beneficiary shall furnish particulars about himself and his family whenever required as may be specified by the corporation;(iv) any other matter which is to be provided for in the scheme or which may benecessary or proper for the purpose of implementing the scheme3 the matters in respect of which the scheme may be framed are of administrative and procedural 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 employees' state insurance act, 1948 (34 of 1948) chapter va transitory provisionsemployer's special contribution73a (1) for so long as the provisions of this chapter are in force, every principal employer shall, notwithstanding anything contained in this act, pay to the corporation a special contribution (hereinafter referred to as the employer's special contribution) as the rate specified under sub-section (3)(2) the employer's special contribution shall, in the case of a factory or establishment situate in any area in which the provisions of both chapters iv and v are in force, be in lieu of the employer's contribution payable under chapter iv(3) the employer's special contribution shall consist of such percentage, not exceeding five per cent of the total wage bill of the employer, as the central government may, by notification in the official gazette, specify from time to time :provided that before fixing or varying any such percentage the central government shall give by like notification not less than two months' notice of its intention so to do and shall in such notification specify the percentage which it proposes to fix or, as the case may be, the extent to which the percentage already fixed is to be varied :provided further that the employer's special contribution in the case of factories or establishments situate in any area in which the provisions of both chapters iv and v are in force shall be fixed at a rate higher than that in the case of factories or establishments situate in any areas in which the provisions of the said chapters are not in force(4) the employer's special contribution shall fall due as soon as the liability of the employer to pay wages accrues, but may be paid of the corporation at such intervals, within such time and in such manner as the central government may, by notification in the office gazette, specify, and any such notification may provide for the grant of a rebate for prompt payment of such contributionexplanation— "total wage bill" in this section means the total wages which have accrued due to employees in a factory or establishment in respect of such wage periods as may be specified for the purposes of this section by the central government by notification in the official gazette73b (1) if any question of dispute arises in respect of the employer's special contribution payable or recoverable under this chapter and there is no employees' insurance court having jurisdiction to try such question of dispute, the question or dispute shall be decided by such authority as the central government may specify in this behalfspecial tribunals for decision of disputes or questions under this chapter where there is no employees' insurance court(2) the provisions of sub-section (1) of section 76, sections 77 to 79 and 81 shall, so far as may be, apply in relation to a proceeding before an authority specified under subsection (1) as they apply in relation to a proceeding before an employees' insurance courtbenefits under chapter v to depend upon employee's contribution73c the payment of the employee's contribution for any week in accordance with the provisions of chapter iv in any area where all the provisions of that chapter are in force shall for the purpose of chapter v, have effect as if the contributions payable under chapter iv in respect of that employee for that week had been paid, and shall accordingly entitle the employee as an insured person to the benefits specified in chapter v if he is otherwise entitled theretoexplanation— in the case of an exempted employee, the employer's contribution shall be deemed to have been paid for a week if the corporation is satisfied that during that week the employer's contribution under chapter iv would have been payable in respect of him but for the provisions of this chapter73d the employer's special contribution payable under this chapter may be recovered as if it were an arrear of land-revenuemode of recovery of employer's special contributionpower to call for additional information or return73e without prejudice to the other provisions contained in this act the corporation may, for the purpose of determining whether the employer's special contribution is payable under this chapter or for determining the amount thereof, by general or special order, require any principal or immediate employer or any other person to furnish such information or returns to such authority, in such form and within such time as may be specified in the order73f notwithstanding anything contained in this act, the central government may, having regard to the size or location of, or the nature of the industry carried on in, any factory or establishment or class of factories of establishments, exempt the factory or establishment or class of factories or establishments from the payment of the employer's special contribution under this chapter and nothing contained in sections 87 to 91 inclusive shall be deemed to authorise any state government to grant any such exemptionpower to exempt to be exercised by central government alone in respect of employer's special contributionsapplication of certain provisions of this act to employer's special contribution73g save as otherwise expressly provided in this chapter, the provisions of chapter iv, section 72 and chapter vii and any rules and regulations made under this act shall, so far as may be, apply in relation to the payment or recovery of employer's special contributions, the penalties specified in connection therewith and all other matters incidental thereto as they would have applied in relation to an employer's contribution if this chapter were not in force and the employer's contribution had been payable under this act73h [power to remove difficulties] rep by the employees' state insurance (amendment) act, 1966 (44 of 1966), s 31 (wef 17-6-1976)| duration ||--------------------------------------------------------------------------------------------------|| chapter va || 73-i || the central government may, by notification in the official gazette, direct that || the provisions of this chapter shall cease to have effect on such date as may be specified in || the notification, not being a date earlier than three months from the date of the notification : || 10 of 1897 |provided that on the provisions of this chapter so ceasing to have effect the provisions of section 6 of the general clauses act, 1897, shall apply as if the provisions of this chapter had then been repealed by a central act———— a billfurther to amend the employees' state insurance act, 1948————(shri oscar fernandes, minister of state for labour and employment)gmgipmrnd—3353ls(s5)—16102008

Parliament_bills

9a7b1abd-170e-5461-8b20-7a3c64515414

1 2 3 fi no sums not exceeding vote/ voted by parlia- charged conthe| total ap services and purposes ment 'onsolidated pro- |- iy pria-| tion rs | rs 18 |personnel and adminis | 10 | tative reforms revenue 1,17,50,000 | _2499,000| 1,42,¢9,000 19 |planning revenue red 8,000 | 14572,99,000 20 [programme tmplementation revenue 2,00,000 2,00,000 15 21 | public works revenue 4325,000 | 95,10,82,000 capital 50,14,67,000 22, {revenue and rehabilitation revenu 45,33,67,000 4,00,000 | 45,37,67,000 23, [rural development and panchayats + revenue 21,61,50c00 1,22,000 | 2)62;72,000 24 science, technolory 'nt environment revenue 60,60 000 60,60,000 d capital 4228, 800 422800 25 | social and women's | | | 25 | welfare and welfare | af schateled | castes and | | | classes revenue 264045,000 | 25000 | 25,40,70000 capital | 2,7921000 =| 2,79,21,000 26 [state legislature revenue 1,21,92,000 | 1,000 | 1,22,73,000 | 27 technical education | | snd tadustral tralning revenue 19,25,36,000 1,00,000 | 19,26,36,000 capital | 26,42,060 | | 26,42,000 28 |tovrismand culture | affairs revenue 1,29,84,000 95,000 | —1,30,79,000 capital 1,73,00,000 me 1°73,00,000 3529 |transport revenue '59,25,40,000 15,10,000 | $9,40,50,000 capital 14,69,41 000 <- | 14,69,41,000 30 | vigilance revenue 1,19,18000 2,000 | 1,19,20,000 | | toral | 3128,0254,000 leemasissee |394,28,39,000 | | i 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 ihe state of punjab and the grants male in advance by the lok sabha in respect of the estimated expenditure of the government of punjab, for a part of the financial year 1991-92 yashwant sinha president's recommendation under article 297 of the constitution of india[copy of letter no f, 2(40)-b(s)/91, dated the 3rd march, 1991 from shri yasiwant sinha, minister of finance, to the secretary- general, lok sabha] 'the president, having been informed of the subject matter of the proposed 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 1991-92 recommends 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, the introduction of the punjab appropriation (vote on account) bill, 1991 in and the consideration of the bill by lok sabha 2 the bill will be introduced immediately after the demands for grants 'on account' for expenditure of the government of punjab for a part of the financial year 1991-92, have been voted

Parliament_bills

3741c8cc-e99e-564e-bc74-8bbfb0f7d087

bill no 95 of 2017 the constitution (amendment) bill, 2017 by shrimati meenakashi lekhi, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighthyear of the republic of india as follows:—1 (1) this act may be called the constitution (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 statement of objects and reasonspart ix to the constitution with articles 243 to 243(o) dealing with panchayats and part ixa with articles 243(p) to 243(zg) dealing with municipalities were introduced by the 73rd and 74th constitutional amendments respectivelythe above two chapters were introduced without reflecting within article 12 of the original constitution, the change in the definition of 'the state'earlier panchayats and municipalities were classified under 'local authorities' but after the 73rd and 74th constitutional amendments came into force, they were established as the institutions of self government under the constitutionthe definition of panchayat and municipality under article 243p establishes these bodies with respective norms as institutions (by whatever name called) of self governmentas institutions of self government now, panchayat and municipality are no longer local authorities after introduction of part ix and ixa by way of the 73rd and 74th amendments in constitutionarticle 12 has been a part of the constitution since the original document was framed now, in view of the above, the proposed constitutional amendment will include the panchayats and municipalities within the meaning of article 12hence, it has become expedient to introduce the words "or institution of self government" in article 12 of the constitutionhence this billnew delhi;meenakashi lekhinovember 18, 2016 annexure extract from the constitution of india definition12 in this part, unless the context otherwise requires, "the state" includes the government and parliament of india and the government and the legislature of each of the state and all local or other authorities within the territory of india are under the control of the government of india lok sabha———— a billfurther to amend the constitution of india————(shrimati meenakashi lekhi, mp)gmgipmrnd—4117ls(s3)—05-07-2017

Parliament_bills

35da0404-ff15-5b06-bbb8-2992ec9f1b9b

bill no 87 of 2014 the labour force (demand and supply survey) bill, 2014 by shri rajiv pratap rudy, mp a billto provide for conducting yearly demand and supply survey of labour force across various sectors of economy in order to provide demand and supply estimates of employment and bridge the gap between demand and supply of labour force for effective performance of the economybe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the labour force (demand and supply survey) act, 2014short title, extent and commencement(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, appoint2 in this act, unless the context otherwise requires,—definitions(a) "committee" means the advisory committee constituted under section 3; (b) "fund" means the labour survey fund constituted under section 5;(c) "labour force" includes workers employed or employable or seeking employment in organised or unorganised sector; and(d) "prescribed" means prescribed by rules made under this act5constitution of advisory committee3 (1) the central government shall, in consultation with the state governments, constitute an advisory committee to conduct yearly survey of demand and supply of labour force(2) the committee shall consist of a chairperson and such number of members including experts, as may be prescribed, to be appointed by the central government10(3) the salary and allowances payable to, and other conditions of service of the chairperson and members of the committee, shall be such as may be prescribed(4) the committee shall have its headquarters at delhi and may establish its regional office in every district(5) the central government shall provide such number of officers and staff, as may be necessary for the efficient functioning of the committee154 the committee shall—functions of the committee(i) collect and maintain yearly information on demand and supply of labourforce through survey across various sectors of economy;20(ii) maintain a consolidated report of demand and supply mismatch by dividing the working-age group population into three mutually exclusively categories, namely, demand, supply and requirement;(iii) in consultation with the state governments, conduct demographic analysis of labour market and suggest measures to bridge the gap between demand and supply of labour force mismatch in different sectors of economy;(iv) submit periodical reports, in such form and manner, as may be specified by the central government; and25(v) carry out such other tasks as may be assigned by the central government for the purposes of this act 5 (1) the central government shall constitute a fund to be known as the labour survey fundconstitution of labour survey fund30(2) the fund shall be administered by the chairperson of the committee (3) the fund shall be utilized by the chairperson of the committee to meet the expenditure in connection with any work relating to yearly surveys under this act356 the central government shall, after due appropriation made by parliament by law in this behalf, provide such sums to the labour survey fund as may be necessary for carrying out the purposes of this actcentral government to provide funds power to make to rules7 (1) the central government may, by notification in official gazette, make rules forcarrying out the purposes 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 or, as the case may be, each house of the state legislature, while it is in session, for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, parliament or, as the case may be, the state legislature agrees in making any modification in the rule or agrees 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 reasonsdue to globalization and technological progress, there has been a considerable growth in demand for labour with higher skills whereas the supply has not grown correspondinglytherefore, projections on demand and supply of labour force require conducting of a detailed survey from time to time to identify emerging trend of demand and supply in labour marketthe demand and supply of labour force study also helps to know about how jobs are changing and what knowledge, skills, educational qualifications and competence are required to be developed to meet the need of labour marketthere is also a need to have a clearer idea of how supply and demand of labour force can match this information is crucial to understand if there is a mismatch between skills possessed by workers and skills required by the employerstherefore, it is proposed to conduct a yearly survey on demand and supply of labour force in order to match the dynamics of the labour markethence this billnew delhi;rajiv pratap rudyjune 30, 2014 financial memorandumclause 3 of the bill provides for constitution of an advisory committee to conduct yearly survey on demand and supply of labour force in various sectors clause 5 provides for constitution of a labour survey fund to meet expenditure in connection with any work relating to yearly surveys clause 6 provides for supply of funds to the labour survey fund by the central government 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 hundred crore is likely to be incurred from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be incurred 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 legislative powers is of a normal character———— a billto provide for conducting yearly demand and supply survey of labour force across various sectors of economy in order to provide demand and supply estimates of employment and bridge the gap between demand and supply of labour force for effective performance of the economy————(shri rajiv pratap rudy, mp)

Parliament_bills

571f67a7-4ff0-533c-b211-ba086069b126

bill no 23 of 2018 the juvenile justice (care and protection of children) amendment bill, 2018 by shri chandrakant khaire, mp a billto amend the juvenile justice (care and protection of children) act, 2015be 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 juvenile justice (care and protection of children)(amendment) act, 20182 after section 18 of the juvenile justice (care and protection of children) act, 2015, the following section shall be inserted, namely:—insertion of new section 15a"18a notwithstanding anything in this act, in case of an offence of murder, rape, sedition or terrorist activities alleged to have been committed by a child above the age of fourteen years, trial of such child shall be conducted as an adult"5child above the age of fourteen years who commits the offence of murder, rape, sedition or terrorist activities to be tried as an adult2 of 2016 statement of objects and reasonsthere is a need of a strict juvenile or child crime justice system in india from the legal point of view, juvenile crime is an illegal act perpetrated by a child below eighteen years of age who is presented before a children's court for legal action as per the juvenile justice (care and protection of children) act, 2015, a child between the age of sixteen to eighteen years is required to be tried as an adult for committing any serious or heinous offence subject to the provisions of this act the rate of child crimes is increasing day by day in indian society besides, its nature is getting complex day by day the reason behind such a phenomenon is urbanization and industrialization which has created such an environment wherein most of the families have become unsuccessful in controlling their children moral values are shattering due to rise in personal freedom and excess of competition has forced the children to go astrayjuveniles are now committing grave and heinous crimes such as rape, murder etc by taking resort to the fact they are juveniles they go scot free and again commit such crimes the main culprit of delhi's nirbhaya case was a juvenile and the person who raped a medical girl student of maulana azad medical college of delhi was a juvenile both these incidents are a blot on humanity and both the criminals are free today as they are juveniles and there is a chance that they may again be ready to commit such crimes so such crooked criminals should not get away just for the fact that they are juvenilesit must also be ensured that juvenile justice act provides benefits to the children wherein the methods of trial or grounds for parole are different children are just kept under observation children are thrown into organised crimes by criminals to take benefit from it this misuse of the act is done by the criminals by using children in committing crimes the misuse of the law will have to be stopped which has been enacted with good intenteven the supreme court bench sought to enquire from the central government whether the accused involved in such heinous crimes as murder, rape or abduction is allowed to go free only because of the fact that he is yet to attain eighteen years of age the apex court also observed that there should be a clear distinction between serious and less serious crimes perpetrated by the juvenile at present, juvenile justice board takes action against juveniles below eighteen years of age however, justice js verma committee constituted after the gang rape in delhi in december 2012 rejected the suggestion of decreasing the age of juvenile upto sixteen yearsinvolvement of juveniles continuously in heinous crimes is also a significant reasonin this context, national crime record bureau data makes it clear that there has been one hundred and fifty eight per cent increase in such cases of rapes by minors in delhi only it is surprising that as far as increase in general crimes by juvenile is concerned it is only thirty four per cent the more disturbing thing is that their involvement in the incidents of theft and dacoit has increased by two hundred per cent the juveniles involved in these crimes were from sixteen to eighteen years of age recent data disclose that more than thirty three thousand juveniles have been arrested in more than twenty five thousand incidents during the year 2012-13 out of which more than one thousand children were from seven to twelve years of age, eleven thousand children were in the age group of twelve to sixteen years and rest of the juveniles were in the age group of sixteen to eighteen years needless to say that today organized crime has taken the shape of an industry due to the ineffective criminal justice system as a matter of fact, a need to enact a separate law to deal with juvenile crimes was felt because the united nations issued a joint declaration for children rights wherein a child up to eighteen years of age was declared as a minorsecret sources reveal that at present a notorious terrorist organisation like lashkar-e-taiba has instructed its fighters to mention their age as below eighteen years if caught by security personnel of india it is certainly a big blot reflecting the failure of juvenile justice act of the country besides this, adult criminals connected with organised crimes are making gross misuse of this law this is the reason why the ministry has now concentrated on the crimes committed and their nature by juveniles not heeding to the matter of age of the juvenile the important fact is that children are at present becoming grownups at a very tender age because of influence of virtual media and cyber world it is turning out to be very dangerous to provide mobiles and internet facility to the children from a very early ageif we do not seriously ponder over these issues, there is every likelihood that organised and sexual crimes keep on flourishing hence, it is high time to take strict measures against juveniles who are committing heinous crimesthe bill, therefore, seeks to amend the juvenile justice (care and protection of children)act, 2015 with a view to provide that every child above the age of fourteen years alleged to have committed the offence of murder, sedition, rape and terrorist activities shall be tried as an adult and be punished accordinglyhence this billnew delhi;chandrakant khairedecember 8, 2017 lok sabha———— a bill to amend the juvenile justice (care and protection of children) act, 2015————(shri chandrakant khaire, mp)mgipmrnd—3710ls(s3)—24-01-2018

Parliament_bills

0a9bcb81-c820-59ed-bef6-f9571a57ea94

bill no 80 of 2017 the prohibition of using telecommunication system for hoax calls bill, 2017by shrimati darshana vikram jardosh, mpa billto provide for prohibition of using telecommunication system for making hoax calls andshort message service 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 prohibition of using telecommunication system forhoax calls act, 2017short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act;(b)"telecommunication system" means any mode of electronic telecommunication and includes any landline telephone, public telephone booth, mobile phone, satellite phone or internet phone; and545 of 1860 13 of 1885 21 of 2000(c) words and expressions used but not defined in this act but defined in the indian penal code, 1860, the indian telegraph act, 1885 and the information technology act, 2000 shall have the same meaning as is respectively assigned to them in those acts3 (1) the use of any telecommunication system for hoax calls or hoax short messageservice (sms) or for any other similar purpose is hereby prohibited10(2) whoever contravenes the provisions of sub-section (1) shall be deemed to beguilty of committing an offence of making a hoax call under this actprohibition of using telecommunication system for hoax calls or hoax short messageservicepenalty154 any person who is found guilty of making a hoax call or hoax short messageservice (sms) with an intention to spread fear or panic in public shall be punished with rigorous imprisonment for a minimum term of five years which may extend upto fifteen years and with fine of fifteen lakh rupeesoffence to be cognizable5 notwithstanding anything contained in the code of criminal procedure, 1973,every offence punishable under this act shall be cognizable and non-bailable6 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceoverriding effect of the act207 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in forceact not in derogation of other lawspower tomake rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act25 30(2) every rule made under this act by the central government shall be laid, as soonas 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 orboth 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 menace of hoax calls or short message service (sms) made from local public telephone booths, mobile phones, internet phones etc for spreading false information aimed at spreading fear or panic or sexual harassment has reached alarming levels everyday the newspapers are filled with reports of misuse of the telecommunication system by anti-social elements for making false/hoax calls or sms raising a serious security concern for our nation which adversely affects the functioning of police forces and disrupts public services at largethe culprits of such nefarious acts are encouraged to continue their activities since the punishment for such terrible acts is very minimal it is felt that if harsh punishment is imposed on perpetrators of such heinous acts, they would discontinue their activities therefore, it is proposed to provide for harsher punishment for making hoax calls to curb this nuisancehence this billnew delhi;darshana vikram jardoshmarch 30, 2017 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 prohibition of using telecommunication system for making hoax calls and short message service and for matters connected therewith or incidental thereto————(shrimati darshana vikram jardosh, mp)

Parliament_bills

586a9971-dd71-57ff-8f9e-3085aa2309b9

bill no 101 of 2011 the overseas workers (management and welfare) bill, 2011by adv pt thomas, mpa billto provide for management and welfare of indian citizens employed outside the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the overseas workers (management and welfare) act,2011short title and commencement5(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) ''fund'' means the overseas workers welfare fund established undersection 6; and10(b) "overseas worker'' means and includes any indian citizen who is employedoutside india by a person who is not an indian citizen or any company or any enterprise or any vessel which is not registered in the territory of india but does not includeindian citizens working in the organs or agencies of the united nations organization (uno)53 the central government shall prepare and maintain a register of all overseasworkers containing names and such other particulars including the country in which they are employed, in the manner to be prescribedmaintenance of register of overseas workersassessment study4 the central government may from time to time undertake or cause to be undertaken,using agencies as it may consider necessary, studies in the countries where there are substantial number of overseas indian workers, with a view to assess the following in regard to overseas indian workers:—(i) access to basic human rights;10(ii) access to health facilities; (iii) access to legal remedies; and (iv) ability to live in a safe and secure manner 5 (1) the central government shall formulate and implement welfare schemes foroverseas workers in such manner as may be prescribed15formulation of welfare schemes(2) without prejudice to the generality of the foregoing provision, such schemesshall also provide for,—(a) insurance and disability cover; (b) old age protection;20(c) orientation and skill upgradation; and (d) such other provisions as the central government may consider necessary 6 (1) the central government shall set up a fund to be known as the overseasworkers' welfare fundoverseas workers' welfare fund25(2) the central government shall, after due appropriation made by parliament by lawin this behalf, grant such sums of money to the fund as the central government may think fit for carrying out the purposes of this actcompulsory registration of recruiting agencies7 it shall be mandatory for all persons or agencies involved in the recruitment orplacement of indian citizens for employment with foreign nationals or companies outside thecountry to get themselves registered with such authority, as may be designated by thecentral government for the purpose30punishment8 whoever, in contravention of section 7 recruits any person for employment outsidethe country, shall be punished with simple imprisonment for a term which may extend to five years and with fine which may extend to rupees five lakh or with both35act to have overriding effect9 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 forcepower to make rules10 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act(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 reasonsthere are about five million indians employed outside the country more than ninety per cent of this work force is in the gulf countries there has been a consistent and steady increase in the number of persons going abroad in search of employmentthe problems being faced by indian overseas workers are manifold non-payment or delay in payment of wages, harsh working and inhuman living conditions, substitution of contracts, retention of passport, cheating by intermediaries, incidents of physical abuse and sexual exploitation, etc are common in most of the countries, access to legal remedy is denied to indian workers in many cases indian workers do not get the benefit of social security contribution paid during their employment abroad, after they return to india, due to various reasonstherefore, there is an urgent need for a legislation providing for the management and welfare of indian citizens working abroad the bill, inter alia, seeks to provide for:—(i) registration of all indian citizens who migrate from the country in search of employment;(ii) empowering the central government to frame welfare schemes for overseas workers;and(iii) compulsory registration of recruitment agencies etc and for punishment for those agencies who carry out the business of recruiting persons for overseas employment without registrationhence this billnew delhi;pt thomasnovember 8, 2011 financial memorandumclause 3 of the bill provides for the maintenance of a register of overseas workersclause 4 provides for an assessment study in the countries where there are overseas indian workers clause 5 provides for formulation and implementation of welfare schemes for welfare of overseas workers clause 6 provides for setting up of an overseas workers' welfare fund for welfare of overseas workersthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is difficult to give an exact estimate of expenditure likely to be involved as the exact amount of expenditure likely to be involved will depend upon the number of schemes formulated by the government however, it is estimated that an annual recurring expenditure of about rupees two hundred crore is likely to be involved from the consolidated fund of indiaa non-recurring expenditure of rupees five hundred 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 management and welfare of indian citizens employed outside the country and for matters connected therewith or incidental thereto—————(adv pt thomas,, mp)

Parliament_bills

f62cb0c1-5ec9-5e22-8f92-c8e67919d525

the banaras hindu :university (amendment) bal, ;i¢i(as introduced in lolt sabra on sm l\aay, i¢i) lok sabra corrigendato fhe banras hindu university (amendment) bill, 1961 (to be/as introduced in'lok sabha) 1 page 1, against line 7,-for "1 of 1915" read "16 of 1915" 2 page 2, line 23,-for "principle act" read "principal act" 3 page 10, clause 14,-in the margiool heading to section 16d, for "ingood" read "in good" 4 page 13, lines 10 and 11,-after "university" for ", "read" ;" 5 page 16, in th~ marginal heading to statute no 3,-for "pro vice-chancellor" read "pro-vice-chancellor" 6 page 22, line 4,-for "senioriy" read "seniority" 7 page 23, line s,-after "direct" omit "" s page 23, line 23,-for "ominlated" read "nominated" 9 page 23, line 23,-after "chancellor" omit ":" 10 page 25, line 1,-after "rector" omit "" 11 page 26, lines 22 and 23,-for "exe-tive council" read "exe-cutive council" 12 page 27, line 11,-after "vice-chancellor" insert "," 13 page 29, line 35,-for "member" read "members" - 14 page 30, line 32,-after "according" insert "to" 15 page 31, line 5,-for "academi council" read "academic council" - 16 page 31, line 9,-for "shalll" read "shall" 17 page 32, line 32,-for "the" read "the" 18 page 35, in the m8lrginal heading to statute no 34,-jor "privilege" read "privileges" 19 page 37, line 27,- for "(dse)" read "(dse)" 20 page 38, in the marginal heading to statute no 40,-for "uniersity" read "university" 21 page 41, line 17,-for "accounts" read "amounts" 22 page 41, in form b,-for column 4, read-''deduction from salary" 23 page 41, in form b,-for column 6, read--"rateable interest or profit" 24 page 41, in farm b,-for column 9, read-"repayment" 25 page 41, in form b,-for column 10, read-"closing balance" 26 page 42, lines 30 and 31, in column 4,-for "pro-vice-chan-cellor" read "pro-vice-chan-cellor," 27 page 48, in the marginal heading to section 8,-for "vacan cies" read "vacan-cies" 28 page 48, in the marginal heading to section 14,-for "charge" read "charges" 29 correct line numbers on pages 2, 3, 6 to 8, 11, 12, 32, 36 and 41 new delm, may 4,1961 vaibakha 14, 1883 ""(saka) the banaras hindu university (amendment) bill, 1961 (as introduced in lok sabra) a biljfurther to amend the banaras hindu university act, 1915 be it enacted by parliament in the twelfth year of the republic of india as follows:-1 (1) this act may be called the banaras hindu university short title (amendment) act, 1961 ::'ce::; s (2) it shall come into force on such date as the central-government may, by notification in the official gazette, appoint i, of 1915 2 in the bananlc) hindu university act, 1915 (hereinafter refer- amendment red to as the principal act), for section 2, the following section shall of lection 2 be substituted, namely:-definition • 10 '2 in this act, unless the context otherwise :requires,-(a) "academic council" means the academic council of the university; is (b) "college" means a college or teaching institution (other than a secondary, primary or infant school or pathasala) maintained by, or admitted to the privileges of, the university; (c) "court" means the university court; - (d) "executive council" means the university executive council; (e) "faculty" means a faculty of the university; - p6(b)cs-1 (f) "ordinances" means the ordinances of the university for the time being in force; (g) "regulations" means the regulations of the university for the time being in force; (h) "statutes" means the statutes of the university for the 5 time being in force; (i) "teacher" means a salaried profeasor reader, lecturer or tutor who imparts instruction in a college of the university and includes any other person who is declared to be a teacher by the academic council; 10 (j) "university" means' the banaras hindu university' aeadmlat i in section 3 of the principal act,-, mction 3 (a) for sub-section (1), the following sub-section shall be substituted, namely:-"(1) the chancellor, the pro-chancellor and the vice- 15 chancellor and the members of the court and the academic council for the time being, shall be a body corporate by the name of the banaras hindu university"; (b) in sub-section (3) ,-(i) after the word "religion", the words "and in moral 20 and spiritual values" shall be inserted; (ii) the words "and moral" shall be omitted a __ meat 4 in section 4 of the principle act, in the proviso, for the words , hc:tion 04 "to those who have consented to receive it", the words "to those who or, in the case of minors, whose parents or guardians have given their 2s consent thereto in writing" shall be substituted 5 in section 4a of the principal act,-ameadmellt of lect io tta· (a) for clauses (2) and (3), the following clauses sh,all be lubltftuted, namely:-"(2) to promote oriental stu~ies i~cludin~ ve~ic, hindu, 30 - buddhist and jain studies, to give instruction in hindu theology and religion end in moral and spiritual values and to impart physical training; - (9) to hold examinations and to grant and confer de;-!'eel and other academic distinctions to and on persons-s (a) who shan have pursued a course of study in the university or in a college and passed the examination or who shall have carried on research work in the manner prescribed by the ordinances, or (b) who are teachers of the university or any college under conditions laid down in the statutes or the ordina_~ces and shall have passed the examinations of the university under like conditions, or 10 15 (c) who, being women, shall have pursued a course of private study in subjects provided for by the ordinances and shan have passed the examinations of the university in their subjects under conditions laid down in the ordinances;"; (b) after clause (9), the following clause shall be inserted, namely:- (9a) to institute, establish, maintain, reconstitute, amalgamate, divide or abolish departments, faculties or col-20 leges and carry out ins~ion thereof and inquiry in relation thereto;"; (c) after clause (12), the following clause shall be· inserted, namely:-25 (12a) to regulate and enforce discipline among salaried officers, teachers and other employees of the university in accordance with the ordinances;"; (d) in clause (13), the word "and" at the end shall be omitted; (e) after clause (13), the following clauses and word shall 30 be inserted, na:rnely:--"(l3a) to acquire, hold, manage and dispose of property movable or immovable including trust or endowed property, for the purposes of the university; - 3s (13b) with the approval of the central goverrunent, to borrow, on the security of university property, money for the purposes of the university; and" - amendment c in seetion 5 of the principal act, in sub-section (2), after the of 18ction s word "equipment", the words, ",of any college" shall be inserted substitution 7 for sections 6 and 7 of the principal act, the following sections ofdcw tec- h 11 b b' d 1 ticids for eec- s a e su stitute , name y:-lioas 6 and 7· rector "6 the governor of the state of uttar pradesh shall be the 5 rector of the university 7 the following shall be the officers of the university, namely:-officers of the university (a) the chancellor, (b) the pro-chancellor, 10 (c) the vice-chancellor, (d) the pro-vice-chancellor, (e) the treasurer, (t) the registrar, , (g) the deans of faculties, 15 (h) the dean of students, (i) the librarian, (j) the chief proctor, and (k) such other persons in the service of the university as may be declared by the statutes to be the officers of the 20 university chanceuer 7a (1) the chancellor shall be elected by the court and shall hold office for a period of three years: provided that, notwithstanding the expiry of the said period of three years, he shall continue to hold office until the election 25 of his successor (2) where a casual vacancy arises in the office of the chancellor, the pro-chancellor shall exercise the functions of the chancellor until a new chancellor is elected powers of chancellor 7b (1) the chancellor shall, by virtue of his office, be the 30 head of the university (2) the chancellor shall, if present, preside at convocations of the university for conferring degrees and at all meetings of the court ?c (1) the pro-chancellor shall be elected by the court pro-chanc:e· and shall hold office for a period of three years: lior provided that, notwithstanding the expiry of the said period of three years, he shall continue to hold office until the election of his successor 5 (2) any casual vacancy in the office of the pro-chancellor shall be filled by a person appointed by the chancellor on the recommendation of the executive council; and the person so appointed shall hold office until the election of his successor 10 7d (1) the vice-chancellor shall be appointed by ute ~chan-visitor from a panel of not less than three persons who shall be ci recommended by a committee consisting of three members: provided that, if the visitor does not approve of any of the persons so recommended, he may call for fresh recommendations is (2) two members of the committee shall be persons not connected with the university or college nominated by the executive council and one member shall be a person nominated by the visitor who shall also appoint one of the three members to be the chairman of the committee w (3) the vice-chancellor shall be a whole-time salaried ~fficer of the university (4) the vice-chancellor shall hold office for a period of three years and shall be eligible for re-appointment: provided that, notwithstanding the expiry of the said period 25 of three years, he shall continue to hold office until his successor is appointed and enters upon his office: provided further that the visitor may direct that a vice-chancellor whose term of office has expired shall continue to hold ofbce for suc)) period not exceeding one year as may be 30 specified in the direction (5) the emoluments and other terms and conditions of service of the vice-chancellor shall be prescribed by the ordinances 35 (6) in the case of a casual vacancy in the office of the vice-chancellor, the pro-vice-chancellor, if any, shall, until the appointment of a new vice-chancellc!l', perform the functions of the vice-chancellor: - provided that if there is no pro-vice-chancellor, the registrar shall carryon the current duties of the vice-chancellor and - call a meeting of the executive council forthwith and take itl directions for the carrying on of the work of the university powers and dutis or vi· (''c chancel· lor 7e (1) the vice-chancellor who shall be the principal executive and academic officer of the university, shall take 'rank next to the pro-chancellor and shall exercise general supervi-s sion and control over the affairs of the university and give eft'el~ to the decisions of its authorities (2) the v,ice-chancellor ~hall be the ex-officio chairman of the executive council, the academic council and the finance committee and shall, in the absence of the chancellor and 10 the pro-chahc~llor, preside at convocations to confer degrees and also 6t meetings of the court; he shall be entitled to be present at and to address any meeting of any authority or body of the university but shall not be entitled to vote thereat unless he is a member of such authority or body is (3) the vice-chancellor shall be responsible for the main· tenance of discipline in the university and may delegate such of his powers in this regard to such persons in the employment of the university as he may deem necessary, (4) it shall be the duty of the vice-chancellor to see that 20 the provisions of this act, the statutes, the ordinances and the regulations are duly observed (5) the vicechancellor shall have power to convene meetings of the court, the executive council and the academic council and shall perform all such acts as may be necessary to 2s carry out or further the provisions of this act, the statutes and the ordinances (6) if, in the opinion of the vice-chancellor, any emergency has arisen which requires immediate action to be taken, the vice-chancellor shall take such action as he deems neces- 30 lary and shall report the same for approval at the next meeting to the authority which, in the ordinary course, would have dealt with the matter: provided that, if the actien taken by the vice-chancellor is not approved by' the authority concerned, he may refer the mat- 3s ter to the visitor, whose decision thereon shall be final: provided further that, where any such action taken by ,the vice-chancellor affects any person in the service of the university, such person shall be entitled to prefer, within thirty days from the date on which he receives notice of such action, all 40 'appeal to, the executive council (7) the vice-chancellor shall have power to take disciplinary action against teachers and salaried officers of the university and impose the penalty of warning or censure: 5 provided that no teacher or salaried officer shall be censured unless he has been given 6 reasonable opportunity to ('!xplain (8) the vice-chancellor shall exercise such other powers as may be prescribed by the statutes, the ordinances or the regulations" 8 in section 8 of the principal act, for the words "the offtcers amendment 10 of the university", the words "the other ofrcers 'of the university" of union' shall be substituted t after section 8 of the principal act, the ~ollowing section shall ::rtion ic~~ be inserted, namely:-tion sa 15 "sa the following shall be the authorities of the univer- authoritiel sity, namely:-of the univenity (a) the court, • (b) the executive council, (c) the academic council, (d) the finance committee, (e) the faculties, and (f) such other authorities as may be declared by the statutes to be the authorities of the university" 10 for sections 9 and 10 of the principal act the following sec- subldtutiol1 tions shall be substituted, namely:-~~:e: ~-"9 (1) the court shall be the supreme governing body of and 10 the university and shall have power to review the acts of the the court executive council and the academic council (save where those authorities have acted in accordance with the powers conferred upon them by this act, the statutes or the ordinances): 30 provided that the power of review under this sub-section shall not be exercised except by a majority of not less than two-thirds of the total number of members - 35 (2) the court shall also have power to suggest measures for the improvement of the affairs of the university and shall exercise all the powers of the university not otherwise provided for by this act or the statutes - (3) notwithstanding anything in sub-section (1), the court shall not interfere with the executive council in the day-to-day administration of the university (4) if any question arises as to whether a matter does or does not relate to the day-to-day administration of the univer-5 sity the question shall be referred to the visitor whose decision thereon shall be final meetloa1of court 9a (1) an annual meeting of the court shall be held on a date fixed by the executive council unless some other date has been fixed by the court, and at such annual meeting, n report 10 of the proceedings of the executive council and a report of the working of the university during the previous year together with a statement of the receipts and expenditure and the baimce sheet as audited and the financial estimates shall be presented by the executive council; and any vacancies among the officers is of the university or among the members of the court or the executive council which ought to be filled up by the court shall also be filled up (2) a copy of the statement of receipts and expenditure and of the balance sheet and the financial estimates referred to 20 in sub-section (1) shall be sent to every member of the court at least seven days before the date of the annual meeting and shall be open to inspection by members of the court and the academic council at the office of the university during the year following such meeting at such reasonable hours and under such 25 conditions as the executive council may determine (3) special meetings of the court may be convened by the executive council or the vice-chancellor, or if there is no vice-chancellor, by the pro-vice-chancellcr or if there is no pro-vice-chancellor, by the registrar: 30 provided that a special meeting of the court shall also be convened if not less than thirty-three members make a requisition in writing in this behalf lllec:utive council 10 (1) the executive council shall, subject to the control of the court, be the executive body of the university and shall 35 have charge of the management and administration of the revenue and property of the university and the conduct of all administrative affairs of the university not otherwise provided for - (2) subject to the provisions of this act, the executive council shall exercise such other powers and perform such 40 other duties as may be conferred or imposed on it by the statutes or the ordinances", - 11 in section 11 of the principal act, the words "and cuscip- amendmtdt une" shall be omitted of kctioa ii 12 for sections 12 and 12a of the principal act, the following srbatitutiod sections shall be substituted, namely:-~~~,~:a aad izb sl "12 subject to the 'provisions of this act, the functions, at!- thopowers and duties of the other authorities of the university riuei shall be provided for by the statutes 12a (1) no person shall be qualified for election or nom!- d' ufi nation as a member of any of the authorities of the university, ti:'~~ e,-10 if-(a) he is of unsound mind or is a deaf-mute or suffers from contagious leprosy, or (b) he is an undischarged insolvent, or (c) he has been convicted by a court of an offence in-is volving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months, and a period of five years has not elapsed from the date of expiry of the sentence (2) any dispute as to whether a person is disqualified for election or nomination under this section shall be referred to the vice-chancellor whose decision shall be final and not be liable to be questioned in a court of law 25 12b any member of the court, the executive council, or rcdlofti of the academic council may be removed by a resolution of the :u'd1~j:,n court, the executive council or the academic council, as the case may be, passed by a majority of its total membership and by a majority of not less than two-thirds of the members present at the meeting, on anyone or more of the following grounds, namely:-(a) that the member has become incapable of performing his duties, or (b) that the member has become unsound in mind or a deaf-mute, or (c) that the member suffers from contagious leprosy, or 31 (d) that the member has become an undischarged insolvent, or (e) that the member has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months, and a period of five years bas not elapsed from the date of expiry of the sentence" 13 in section 14 of the principal act, in the proviso, for the figures "1886", the figures "1920" shall be substituted ammdmmt of aection 14tdlorti~ of 14 after section 16a of the principal act, the following sections s ~::~ shall be inserted, namely:-caaditionl of linice of officen aud 1ncheri "16b (1) every salaried officer and teacher of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the officer or teacher concerned 10 (2) any dispute arising out of a contract between the university and any of its offic~rs or teachers shall, at the request of the officer or teacher concerned or at the instance of the university, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nomi- is nated by the officer or the teacher concerned and an umpire appointed by the visitor (3) any request made by an officer or teacher under subsection (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbit- 20 10 of 1940 ration act, 1940, and all the provisions of that act, with the exception of section 2 thereof, shall apply accordingly (4) the decision of the tribunal shall be final, and no suit or proceeding shall lie in any court in respect of the matters decided by the tribunal 25 proceedinp dot to be id- wlidatod b, vacldc:iel,ctc16c no act or proceeding of any authority or body of the university shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof 1gd no suit, prosecution or other legal proceeding shall lie 30 against any officer of the university or any member of any authority or body of the university for anything in good faith done or intended to be done by him under this act or the statutes, the ordlinances or the regulations dcciliod of ditputa 16e if any question arises whether any person has been 3' duly elected or appointed as, or is entitled to be, a member of any authority or body of the university, it shall be referred to the visitor whose decision thereon shall be final" - '\" ~ 15 for section 17 of the principal act, the following shall be substituted, namely:-section subldaatioa ofnew 1000 dod 17 "17 (1) subject to the provisions of this act, the statutes scat1uoi may provide for all or any of the following matters, namely:-5 (a) the constitution of the court and the constitution, powers and duties of the other authorities of the university other than the powers and duties provided for in this act; (b) the election and appointment of members of the authorities of the university their continuance in oftice, the 10 filling of vacancies of members thereof and all other matters relatin¥ to the authorities; (e) the appointment, powers and duties of the officers of the university; (d) the institution of degrees, diplomas, certificates and 15 other academic distinctions; (e) the conferment of honorary degrees; (f) the holding of convocations to confer degrees; (g) the establishment, re-constitution, amalgamation, division or abolition of faculties, departments, hostels, coi-20 leges and institutions; (h) the conditions under which colleges and other institutions may be admitted to the privileges of the university and the withdrawal of such privileges; (i) the institution of fellowships, scholarships student-25 ships, medals and prizes; (;) the registration of graduates and the maintenance of a register of registered graduates; (k) the classification and the manner of appointment of teachers in the university and the colleges; (l) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers and' other employees of the university; and - (m) all other matters which are to be or may be pro-s vided for by the stat1,1tes, - (2) the statutes in force at the commencement of the banaras hindu university (amendlment) act, 1961, shall be those set out in the schedule (3) the court may from time to time make new or "additional statutes or may amend or repeal the statutes in the man- 5 ner hereinafter provided (4) the executive council may propose to the court the draft of any statute and such draft shall be considered by the court at its next meeting: provided that the executive council shall not propose the 10 draft of any statute or of any amendment of a statute affecting tlie status, powers or constitution of any existing authority of the university until such authority has been given an opportunity of expressing its opinion upon the proposal; and any opinion so expressed shall be in writing and shall be considered is by the court (5) the court may approve any such draft as is referred to in sub-section (4) and pass the statute or reject it or return it to the executive council for re-consideration, either in whole or in part, together with any amendments which the court may 2g suggest (6) any member of tlie court may propose to the court the draft of any statute, and the court may either reject the proposal or refer such draft for consideration to the executive council which may either reject the proposal or submit the 25 draft to the court in such form as the executive council may approve (7) every new statute or addition to a statute or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction or disallow it or remit 30 1t for further consideration" ajdeddmcmt 18 in section 18 of the p'i'incipal act,-ef mciiod 18 (a) in sub-section (1) ,-(i) for clause (e), tlie following clause shall be substituted, namely: -35 "(e) the qualifications for admission to courses of study for degrees, diplomas, certificates and other academic distinctions and to examinations of the university and the award of degrees, diplomas, certificates and other academic distinctionsj"; 040 (ii) in clause (d), for the words uand for admission to the examinations, degrees and diplomas of the university", the words "for admission to the examinations, degrees and diplomas of the university and for registration of gradu-s ates" shall be substituted; (iii) after clause (f), the following clause shall be inserted, namely:-"(11) the remuneration and allowances including travelling and daily allowances to examiners, moderators 10 and other persons engaged on the business of the university,"; (iv) in clause (k), for the word "teachers", the words "officers and teachers" shall be substituted; (v) in clause (m), the word "and" at the end shall be is omitted; (vi) after clause (m), the following clause and word shall be inserted, namely:-20 "(mm) the powers and duties of teachers and salaried officers and the powers which may be delegated to them; and"; (b) in sub-section (3), for the proviso, the following proviso 'shall be substituted, namely:-"provided that no ordinance shall be made-(a) prescribing the examinations to be recognised as equivalent to the university examinations, or (b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or of any course of study, unless a draft of such ordinance has been proposed by 30 the academic council"; (c) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:-35 - (5) where the executive council has rejected the draft of an ordinance proposed by the academic council, the academic council may, within two months of the date of such rejection, appeal to the central government and the central government may, by order, direct that the proposed ordinance shall be laid before the next meeting of - the court f5>t its approval and that pending such approval, it shall have effect from such date as may be specified in the order: provided that if the ordinance is not approved by ·the court at such meeting, it shall cease to have effect s (6) all ordinances made by the executive council shall be submitted, as soon as may be, to the visitor and the court, and shall be considered by the court at its next meeting; and the court shall have power, by a resolution passed by a majority of not less than two-thirds of the members 10 present and voting, to cancel any ordinance made by the executive council, and any such ordinance shall, from the date of such resolution, cease to have effect"; (d) in sub-section (7) for the words "two months from the date of sucli order", the following shall be substituted, namely:- is "one month from tlie date of such order or on the expiration of fifteen days from the date of consideration of the ordinance by the court, whichever period expires later"; (e) after sub-section (7), the following sub-section shall be inserted, namely: -20 "(8) the visitor may at any time, after any ordinance has been considered by the court si~ify to the executive council his disallowancf> of the ordinance, and from the date of receipt by the executive council of intimation of such disallowance the ordinance shall cease to have effect" 2s of amcd~t 17 in section 19 of the princioa1 act, to sub-section (3), the fo1-icctlod 19 - lowing proviso shall be added, name1y:-"provided that any authority of the university which is dissatisfied with any s~ch direction may, within two months of the date of such direction, appeal to the court, whose deeision 30 thereon shall be final" ~~~nm;9a~ 18 section 19~ of the principal act sliall be omitted transitional 19 (1) on the commencement of this act,-provisions (a) the standing committee of the academic council shall stand dissolved and the members of the standing committee 3f shall vacate their offices as such members~ (b) the office of chief rector shall stand abolished (2) every authority of the university functioning imrnediately before the commencement of this act shall, until the corresponding authority is constituted in accordance with the provisions of the principal act as amended by this act, exercise all the powers and per-s form all the duties of the correspondiing authority under the principal act as so amended (3) every officer of the university holding office immediately before the commencement of this act shall, on and from such commencement, hold his office by the same tenure and upon the same 10 terms and conditions as he held it immediately before such commencement [see section 17 (2) ] the statutes of the universitydefinition •• 1 in these statutes,-(a) "act" means the banaras hindu university act, 1915; s (b) all words and expressions used herein and de1jn~ in the act shall have the meanings respectively assigned to them in the act a~bdent 2 (1) the pro-vice-chancellor shall be appointed by the exe-~hldccj!~ cutive council on the recommendation of the vice-chancellor: 10 provided that where the recommendation of the vice-chancellor is not accepted by the executive council, the matter shall be referred to the visitor who may either appoint the person recommended by the vice-chancellor or ask the vice-chancellor to recommend another person to the executive council is (2) the term of office of the pro-vice-chancellor shall ordinarily· be coterminous with the term of office of the vice-chancellor: provided that, notwithstanding the expiry of the term of his office, the pro-vice-chancellc:r shall continue in office until his successor is appointed and enters upon his office 20 duties end powerbof pro vice-chadcellor 3 (1) the pro-vice-chancellor shall assist the vice-chancellor in all matters; when the vice-chancellor, by reason of illness or absence for any other cause, is unable to exercise the powers and perform the duties of his office, the pro-vice-chancellor shall exercise all the powers and perform all the functions of the vice-chancellor 2s (2) in the absence of the chancellor, the pro-chancellor and the vice-chancellor, the pro-vice-chancellor shall presi~ at meetings of the court (3) the pro-vice-chancellor shall be entitled to be present at and to address any meeting of any authority or body of the univer- 30 sity but shall not be entitled to vote thereat unless he is a member of such authority or body :r-ojdtment 4 (1) the treasurer shall be appointed by the executive counrcuwer cil from amongst persons who are not employees of the university and shall be a whole-time officer 5 (2) he shall hold office for a period of ftve years: provided that, notwithstanding the expiry of the term of his mce, the treasurer shall continue in office uatil his successor is appointed and enters upon his office: provided further that, when the office of the treasurer is vacant or when the treasurer is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties or the office, shall be performed by such person as the vice-chancellor may appoint for the purpose 10 5 (1) the treasurer shal1:-duaeslidd powcnof (4) exercise general supervision over the funds of the un i- the versity and shall advise it as regards its financial policy; and trcaluror (b) perform such other financial functions as may be assigned to him by the executive council or as may be prescribed by these statutes or the ordinaj)ces: 15 provided that the treasurer shall not incur any expenditure or make any investment exceeding rs 10,100 without the previous approval of the executive council (2) subject to the control of the executive council, the trea&1:rzo er shall-(a) hold and manage the property and investments including trust and endowed property for furthering any of the objects of the university; (b) see that the limits fixed by the finance committee for 25 recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted; (e) be responsible for the preparation of annual estimates and the statement of accounts and for their presentation to the 30 executive council; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of collection of revenue and advise on the methods of collection employed!; 35 (i) have the accounts of all institutions regularly audited by an internal audit party; - (g) see that the registers of buildings, land and equipment are maintained up-to-date and that the stock checking is conducted of equipment and other consumable materials in an offices 40 and cueges, and in the pwd and workshop stores; 426 !b) ls-3 (h) call for explanation for unauthorised expendtture and for other financial irregularities and suggest disciplinary action against the persons at fault; (i) call for from any office or institution under the university any information or returns that he may consider necessary s to discharge his flnancial responsibilities (3) the receipt of the treasurer or of the person or persons duly authorised in this behalf by the executive council for any money payable to the university shall be sufficient discharge for the same 1lqiitrar 6 (1) the registrar shall be appointed by the executive coun- 10 cil on the recommendation of a selection committee constituted for the purpose and shall be a whole-time officer (2) when the office of the registrar is vacant or when the registrar is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties of the office shall be is performed by such person as the vice-chancellor may appoint for the purpose (3) the registrar shall be the ex-officio secretary of the court, the executive council, the academic council, the selection committees, the finance committee and the faculties, but shall not be 20 deemed to be a member of any of these authorities (4) the registrar shall-(a) be the custodian of the records, the common seal and such other properties of the university as the executive council shall commit to his charge; 25 (b) issue under the direction of the vice-chancellor, all notices convening meetings of the court, the executive council, the academic council, the finance committee, the selection committees, the faculties, the boards of studies, the boards 01 e~aminers, the boards of moderators and of the committees 30 appointed by the authorities of the university; (c) maintain the minutes of all meetings of the court, the executive council, the academic council the finance committee, the selection committees, the faculties and of the committees appointed by the authorities of the university; 3s (d) conduct the official correspondence of the court, the executive council and the academic council; (e) control the conduct of examinations and all other arrangements necessary therefor and the execution of all processes connected therewith; 40 (f) supply to the visitor copies of the agenda of meetings of the authorities of the university as soon as they are issued and the minutes of the meetings of the authorities ordinarily within a month of the holding of the meetings; 5 (g) in an emergency, when neither the vice-chancellor nor the pro-vice-chancellor is able to act, call a meeting of the executive council forthwith and take its directions for carrying on the work of the university; (h) represent the university in suits or proceedings by or 10 against the university, sign powers of attorney and verify pleadings or depute his representative for the purpose; (i) perform such other duties as may be prescribed by these statutes, the ordinances and the regulations or as may be required, from time to time, by the executive council or the is vice-chancellor (5) (a) the registrar shall have power to take disciplinary action against the employees belonging to the ministerial, subordinate-executive and class iv services and impose on them the penalty of warning, censure, withholding of an increment or suspension 20 pending enquiry: provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity to explain (b) an appeal shall lie to the vice-chancellor against any order of the registrar imposing any penalty other than warning or censure 2s (c) in a case where the enquiry discloses that a punishment beyond the powers of the registrar is called for, the registrax shall, upon conclusion of the enquiry, make a report to the vice-chancellor along with his recommendations, and the decision of the vice-chancellor shall be final 30 7 (1) the lihrarian shall be a whole-time officer appointed by librari8a the executive council on the recommendation of a selection committee appointed by it and shall possess such qualifications as may be prescribed by the executive council (2) when the office of librarian is vacant or when the librarian 35 is, by reason of illness or absence for any other' cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose (3) the duties and powers of the librarian shall be regulated by 40 the ordil1ancel dean of 8 (1) the dean of students shall be appointed, from amongst studcnlt; employees of the university who are or who have beem teachers of the university, by the executive council on the recommendation of the vice-chancellor; the dean shall be a whole-time employee of the university, shall hold office for a term of three years and shall s be eligible for reappointment (2) the person who is appointed as the dean of students shall continue to hold his lien on his substantive post and shall continue to subscribe to the university provident fund (3) when the office of the dean of students is vacant or when 10 the dean of students is, by reason of illness or absence for any other cause, unable to perform the duties of his office; the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose (4) the duties and powers of the dean of students shall be regu- 15 lated by the ordinances chief procror 9 (1) the chief proctor shall be a person not below the rank of reader of the university, shall be appointed by the executive council from amongst the teachers of the university on the recommendation of the vice-chancellor and shall exercise such powers and per- 20 form such duties as may be assigned to him by the vice-chancellor (2) the chief proctor shall hold office for a term of two years and shall be eligible for reappointment for an additional term (3) when the office of chief proctor is vacant or when the chief proctor is, by reason of illness or absence for any other cause, un- 25 able to perform the duties of his office, the duties of the oftlce shall be performed by such person as the vice-chancellor may appoint for the purpose doiidlof faculties 10 (1) there shall be a dean for each it'aculty; the head of each of the departments within the faculty, who is a professor, shall, by 30 rotation according to seniority, act as the dean of the faculty for a period of two years: provided that, in any faculty,-(i) if there is no professor, the senior-most jltader shall act as dean, and (ii) if there is no professor or reader, the vice-chancellor or the pro-vice-chancellor, if so designated by the vice-chancellor, shall act as the dean (2) the vean shall be the chairman of the faculty and be responsible for the due observance of these statutes, the ordinances and the regulations relating to the faculty (3) the dean shall be responsible for the organisation and con-s duct of teaching and research work tn the departments comprised in the faculty (4) the dean shall exercise such other powers and perform such other functions and duties as may be assigned to him by the executive council or the vice-chancellor 10 11: (1) the court shall constst of the following members, name- the court ly:-j 15 6 20 i i a ex-officio members: (i) the chancellor (ii) the pro-chancellor (iii) the vice-chancellor (iv) the pro-vice-chancellor (v) the remaini7lg members of [he executive council who are not otherwise members of the court (vi) the treasurer (vii) the librarian (viii) the dea:1 (if students (ix) the chief proctor b representatives of departments a,d colleges : (x) all dea:1s of faculties 9 30 i: 3 3 3 i i 35 (xi) heads of teaching departments who are not deans, by rolatio:1 ao:ording to seniority as indicated below : from the faculty of arts from the faculty of science from the faculty of technology from the faculty of oriental learning and theology from the faculty of medicine and surgery (ayurveda) from the faculties of education and agriculture i c representatives of professors anti principals : i (xii' professors who are not heads of departments, by rotation accord-- ing to seniority | (xiii) | the | principal, | women'!!! ||--------------------|------------|--------------------|--------------|| colle~c; | | | || and | | | || if | | | || there | are | two | or || colleges, | | | || the | principals | | || by | | | || rota- | | | || tio | •• | according | to || i | | | || (xiv) | the | principal, central | || hhldu | | | || college | | | || (kamachha) | | | || d | | | || representatives of | teachers | | || ol~r | | | || than | professors | | || 2 | | | || (xv) | two | readers | || by | | | || rotation | according | | || to seniority | | | || 10 | | | || (xvi) | | | || two | lecturers | | || by | | | || rotatio:1 | accorjing | | || to | seniority | | |e representatives of registered graduates: | (xvii) | ten | representatives none ||--------------------------|-------------------|---------------------------|| of | | || whom | | || shall | be | a || member | or | || employee | | || of | | || any | | || u:1iversity, | | || to | be | || elected | by | || is | | || the | registerej | gradu'ltes || 1- | | || nently residing in | | || each | of | || the | five | || regions mentioned below, | | || from | | || amongst themselvec;, | through | the || system | | || of | | || proportional represen- | | || 20 | | || tation | | || by | | || means | of | the || transferable vote, | | || namely-- | | || fo | | || (1) | the | northern || panjab, rajasthan | | || and | jammu" | kashmir || teititories of delhi | | || and | himachal pradesh; | || 25 | | || (2) | the | central region comprising || pradesh | and | madhya || (3) | the | eastern region comprising || west bengal, orissa | | || and | assam | and || manipur | | || and | tripura; | || 30 | | || (4) | the | western || bay | and | mysore; || (5) | | || the | southern region | ccmprtsmg || andhra pradesh, madras | | || and | kerala | || f | | || represematives | | || 0/ | | || donors | | || (ie | | || persons | who | have || 3 | | || 41 | | || to | the | university || j | | || like value): | | || (xviii) | | || (a) | | || representatives | of | donors || are | individuals, | to || be | | || nominated | | || by | | || the | visitor | || 12 | | || (b) | | || representatives | of | || donors | | || who | | || are corpprate | | || bodies | to | be || nominated b)' | the | visitor || i | | |ty j(epresentatives of parliament : 5 (xix) three represrntatives of parliament, two to be elected by the lok sabha b such manner as the speaker may direct and one to be elected by the rajya sabha in such manner as the chainnan may direct 3 h persons representing uarned professions, industry and ~o cop1l17l£rcc : (xx) ten rersons representir!g learned professions, to be nominated by the executive council 10 (xxi) five rersons representing industry 15 and commerce, to be nominated by the visitor s i other nominated members: (xxii) not more than twelve persons, to be nominated by the visitor 12 20 (xxiii) not more than two persons, to be nominated by the rector 2 (xxi\") not more than three persons, to be ominated by the cha:lccllor : 3 : provided that in making nominations under items (xx), (xx-i), 2s (xxii) and (xxiv), due regard shall be haa to the representations of the different interests, professions, culture and learning and also of the different areas of the country: provided further that no employee of any university shan be eligible to be a member under any of the items (xvii), (xviii), (xix), 30 (xx), (xxi), (xxii), (xxiii) and (xxiv) (2) when an elected member of the court becomes an ex-officio member before the expiry of his term, he shall cease to be an elected member (3) save as otherwise expressly provided, a member of the court 3s shall hold office br a period of 3 years 12 notice of meetings of the court shall be issued by the secre- notice of tary at least 30 days before the date of the meeting with an agenda mectinl· paper, and nu business which does not arise out of matters noted or mentioned in the agenda paper shall be considered unlt'5s the con-40 sent of at least two-thirds of the members of the court present at the meeting be obtained thereto 13 every member who intends to bring forward any speci:ll busi- notice °if p roposa 5 or ness at a meeting of the court or to propose any person for f'1c>ctirm iimmd- as chancellor or pro-chancellor shall give notice of such business cr m:nls 4s of the name of the person to be proposed, to the secretary at least 20 days before the date appointed for such meeting; and every member who intends to propose an amendment shall give notice thereof to the secretary ten days before the date fixed for the meeting | notice ||-----------|| special || mecrin, |14 a notice of twenty-~e days of any special meeting of the court stating generally the nature of the business to be transacted 5 shall be sent to each member of the court, and no such meeting shall be competent to transact any business other than that mentioned in the notice or directly arising cut of it; any member desixing to send a proposal relating to the nature of the business specified in the notice shall send such proposal to the secretary so as to reach him 10 at least ten days before the date of the meeting j: l::il 15 (1) the executive council shall consist of the following members, namely:-| (i) | the | vice-chancellor ||----------------------------------------|---------------------|--------------------|| i | | || (ii) | | || the | pro-vice-chancellor | || t | | || is | | || (iii) two deans, one from each | of | the || following two groups, by rotation | | || according to seniority | | || 2 | | || group | | || 1 | | || (a) | | || faculty | of | arts || 20 | | || (b) | | || faculty | of | oriental || theology | | || (e) | | || faculty | of | education || (d) | | || faculty | of | law || (e) | | || faculty | of music | and || group | | || 2 | | || 2s | | || (a) | | || faculty | of science | || (b) | | || faculty | of technology | || (c) | | || faculty | of | agriculture || (d) | | || faculty | of medicine | and || (ayurveda) | | || (iv) | the | den || i | | || 3 | | || 0 | | || (v) | the | chief proctor || (vi) | | || the | principal, women's | || co~e, | | || and | | || if, | | || there are two | or | more || (jollegefl, the principals by rotation | | || according to seniority | | || 3s | | || (vii) two persons, neither | of | whom shall || be | | || an employee | of | any university, || elected | | || by | | || [he court from amongst | | || its members | | || of | whom one shall | || be | | || a person | ou[liide | the state || 4 | | || 0 | | || prajesh | | || 2 | | || (viii) four persons nominated by | the | visitor || 4- | | | (b) ,0 pejdl' diniiireted br tile 1w1txi00 ~ amnin'ted by the cud· 5 provided that no employee of the university shall be euslbl fe be a member under any of the items (vw), (ix) and (x) (z) members of the executive councll referred to in items (iii) and (vi) shall hold ofbce for a term of two years and thoee ftferred faitems (vii) to (x) shall hold dice for a utrm of three yean 10 (b) seven members of the ezecutive couddl shall form the quorum (4) the registrar shall be the ez-o{ficio secretary of the executive council without any right of participation in the diicuukm or voting is (5) when an elected member of the executive council becomes also an ez-otficio member, he shall cease to be an elected member 16 subject to the provisions of the act, these statutes and the ro ot ordidanciii, the executive council shall, in addition to any other t ~ dj powers vested in it, have the following po-wers, namely: - ad 20 (i) to appoint from time to time such professors, readers, lecturers and other members of the teaching staff as may be necessary, on the recommendation of the selection committee constituted for the purpose, and to provide for filling temporary vacancies therein; 2$ (ii) to fix the emoluments and define the duties and conditions of service of professors, readers, lecturers and other members of the teaching staff: provided that no action shall be taken by the executive cc'lunefi in respect of the number, the qualifications and the emoluments of ~o teachers otherwise than after consideration of the recommendation of the academic council; (iii) to appoint the registrar, the dean of students the chief proctor, the- librarian and other salarjed officers and staff of the university and to fix their emoluments and define their 3' duties and conditions of service; (iv) to manage and regulate the finances, accounts, i'1vestments, property, business and all other administrative affairs of the university add, for that purpose, to appoint such agents as it may tbidk ftt; ae(b)"ls--4 (") to invest any money belonging to· the university, including any unapplied income, in snch stocks, funds, shares or securities, as it shau, from time to time, think at, 'or in the purchase of immovable property in india, with the like powers of varying such investments from time to time; 5 (vi) (a) to accept on behalf of the university any trust, bequest, donation or transfer of any movable or immovable property to the university; and (b) to transfer any movable or immovable property on behalf of the university; 10 (vii) to provide the buildings, premises, furniture, appara- tus, and other means needed for carrying on the work of the university; (viii) to enter into, vary, carry out and cancel contracts on behalf of the university; is (i%) to entertain, adjudicate upon, and if it thinks fit, to redress, any grievances of the salaried officers of the university the teaching staff and the university servants who may for any reason feel aggrieved: provided that, in matters of discipline and punishment, 20 where the final power has been vested in the vice-chancellor or any other officer of the university, no appeal shall lie to the eze tive council; (z) to appoint examiners and moderators and, if necessal'j, to remove them and to fix their fees, emoluments and travewn, 25 and other allowances after considering the recommendations of the examination committee constituted for the purpose, consisting of (a) the vice-chancellor, (b) the pro-vice-chancellor, (c) three deans of faculties for two years by rotation according to seniority, and (d) the registrar who shall be the member secre- 30 tary; (=) to maintain registers of registered graduates and of donors to the university; (zii) to select a common seal for the university, and provide for the eustody and use of the seal; 35 (ziii) to manage departments, institutions of research of specialised studies, laboratories, museums, and hostels mana,-ed by the university: (xiv) to arrange for and direct the inspection of collegell, departments, institutions and hostels anej to issue instructlonl40 for mamtainfilg their efficiency and ensuring proper condition of employment for members of their staff; (zu) to matre arrangements, from time to time, far periodical assessment of the work of the teachers of the university; s (%vi) to institute and award fellowships including travelling fellowships, scholarships, studentships, medals and prlzesj (zuii) to regulate admission, and to appoint committees for admission, to the university; jo (zufii) to direct the conduct of examinations in conformity with the ordinances and the publication of the results thereof; (m) to delegate any of its powers to the vic chancellor, the pro-vice-chancellor, the registrar or such other officer of the university or to a committee appointed by it as it may deem fit is 17 the executive co\lncil shall, from time 'to time, appoint such cantracts person or persons as it may think proper, either by office or by name, to enter into, execute and sign contracts for and on behalf of the university, and to present them for registration according to the law in force for the time being ~ 18 (1) the academic council shall consist of the following mem- academic: ben, namely: -coudcil (i) the vice-chancellor (ii) the pro-vice-chancellor (iii) the deans of faculties ~s (i,,) the heads of teaching departments (v) all professors who are not heads of teaching departments (vi) the librarian ("ii) the dean of students 30 (nii) the chief proctor (io1:) two readers and four lecturers by rotation according to seniority - (z) the principal, women's college, and if there are two or more women's colleges, the principals " 35 (zi) the principal, central hindu college, kamachha (zii) not more than five persons, not being employees of the udlvers!ty; co-opted by tlae academic councll for their ,spec::falli eel imhledae (i) all membere al the aademie counci1 otmj; ~ - otdo membei'l, shall hold ofbce for a term of three years: prowled that a member co-opted in his eapaeity - a member ot - partkular body or u the holder of - parucujat poll u iaolci otice 10 lodg only u he codtinuu to be a member at that bod, or j the holder of that post (3) twenty-five membars of the academic council shall form the quorum ji'owat, dud-19 subject to the provisions of the act, the academic council ~af':ac'" shall, in addition to all other powers vested in it, have the fodowing 10 ac:idemic powers, duties and functions namely:-cndc:p (i) to report on any matter referred to it by the court or the executive council; (ii) to make recommendations to the executive council with regard to the creation and abolition of teaching posts in the uni- is versity and the colleges, and the classification of the said posta and the emoluments and duties attaching thereto; (iii) to formulate, modify or revise schemes for the orpm-&ation of, and assignment of subjects to, faculties and to report to the executive council as to the expediency of the abolition, ~ reconstitution or division of any faculty or the amalgamatiod of one or more faculties; (iv) to promote research within the university and to require, from time to time, reports on s~h research; (v) to consider proposals submitted by the facu1tta; 2! (vi) to recognise diplomas and degrees of other umersiu and lnatitutions and to determ1de their equivalent dipl~add degrees of the banaras hindu universlqr; (vii) to make special arrmaements, if any, for the teaehlnl of women students and for prescribing for them tpectal colu'lel 3d of atudy, after conaultjdg the advisory board of women' edu· cation; (viii) to mallie irich afranpmmts fw the in8truc~oz1 and eumfnation of periods, dot be1ni members of the uaivaraltr u mar be necessary; is' (iz) to fix lubject to any conditlodi aceepted by the becu-11ft ccnmei1, the time mode and condiuo!ui of eompeutlon for ' ~lp, 1ch0larsbipa and other prizes idd to award the rene; <~ to make recommeadations regarding the coafarmeat or grant of degrees (including honorary degrees), academic diglaotiods, honours, diplomu licenses, titles and marks of honour; (zi) to publish lists of prescribed or recommended text-s books and to publish the syllabus of prescribed courses of study; (:di) to prepare such forms and registers as are, from time to time, prescribed by the ordinances; <_) to recommend to the executive couddl the ratal of fees ad charges; 10 (:riv) to make proposals to the executive council for the establishment of colleges, departments, institutions of research and specialised studies, libraries, laboratories and mvsewns; (zt1~ to make proposals to the exeeutive counci1 for the institution of fellowships, travelling fellowships, acbo1arshtpl, is studentships, medals and prizes; (m) to recommend! to the executive counell draft 0rdid-ances regarding examinations of the university and the c0nditions on which students should be admitted to such examinations and the working maintenadce and use of the university library; (%vii) to maintain proper standards of examinations; (mu) to perform, in relation to academic matters, all such duties and to do all such acts as may be necehllf'y tor th& proper carrying out of the provisions of the act, these statutes and the ~s ordinances zoo (1) the finance committee shall consist of the following 'ldiidce members, namely:-q)nhdi-- (i) the vioe-caancellor; (ii) the ptro-vice-chancellor; 30 (iii) two persons nominated by the visitor; (i17) two persona, who are not employees of a, univeratty, one elected by the court and one nominated by the exeaatlw couneil; (v) the treasurer 35 (2) three member of the finance committee shall farm the quorum (3) au members of the firumce committee, other tbaaez-of1ieio members, ihall bdjal dee for a term c4 ~ jill (4) the v'iee-chancellor shall preside at meetingi of the i'!nanee committee (5) a member of the finance committee shall have the right to record a minute of dissent if he dissents from the other members (6) th~ finance committee shall meet at least twice every year s to examine accounts and to scrutinise proposals for expenditure (7) the annual accounts and financial estimates of the univerlity prepared by the treasurer shall be laid before the finance committee for consideration and comments and thereafter submitted to the executive council for approval 10 (8) the finance committee shall fix limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university which, in the case of productive works, may 'include the proceeds of loans; no expenditure shall be incurred by the university in excess 01 the 15 limits so fixed 21 (1) the university shall include the faculties of-(i) oriental learning and theology, (ii) arts, (iii) science, (iv) law, (v) technology, (vi) medicine and surgery (ayurveda) , (vii) agriculture, (viii) education, and 1,1 '"',t, " i,' (~) music and fine arts eontltudod 22 (1) each faculty shall consist of the following members, ofpicultin namely:-(i) the dean of the faculty who shall be the chairman: (ii) the heads of departments of atudies in the faculty: 30 (iii) all professors in the faculty: (iv) one reader and one lecturer, by rotation according 1 aemority, from each departmel1t in the faculty (1') one teacher, by rotation according to seniority, from the women' college(s); (vi) persons not connected with the university having ape--cial knowledge of the subject or subjects concerned, nommated ·5 by the academi ~councn, one for each department of the faculty: provided that the number of members to be nominated to each of the faculties of law, agriculture, education and music and fine arts under this sub-clause, sham be five 10 23 (1) the faculties shall have such powers and shall perform powereof such duties as may be assigned to them by these statutes and the tjmi pacu1tiee ordiinances and shall, from time to time, appoint such and 80 many boards of studies in di1!erent branches of knowledge as may be prescribed by the ordinances 15 (2) the faculties shall also consider and make such recommendations to the academic council on any question pertaining to thtdr respective spheres of work as may appear to them necessary or on any matter referred to them by the academic council 2'- (1) each faculty shan consist of such departments at departlmllll 20 studies as may be assigned to it by the ordinances of jlaculdil (2) no department shan be established, reconstituted, amal8b-mated with another, or divided or abolished except in accordajee with the provisions of these statutes , (3) eac:h department shall consist of the following members, 25 namely:-(i) teachers of the department; (ii) persons conducting research in the departments; (iii) dean of the faculty or deans of the faculties concerned; 30 (iv) honorary profeuors, if any, attached to the department; (,,) such other persons as may be members of the department in accordance with the provisions of the ordinances (4) each department shall have a head who may be a unjvel'ld'fy 35 professor or, if there is do professor, a reader, and whole duties, - !anctfodi and tenns and conditione of appointmedt '1ihall be laid down by the ordinances: plwlded that, if there are two or more profe>rl 011' rea&n in -tilly 'department, do persod shall be appointed to be the head of the :department otherwise than in accordance with the proyislodl made 5 in respect thereof by the ordinances: provided further that, if there is do professor or reader in a department, the dean of the faculty concerned shall act as the heed of the department committees 25 the court, the executive council, the academic counell and 10 the facultiel may, from time to time, appoint such and so many special committees or boards as may seem to them fit, and may, -lfthey think fit, place on them persons who are not members of the ·appoidting bodies; and any such committee or board may deal with any iubject delegated to it, subject to subsequent confirmation by is the appointing body 28 (1) the selection committee for making recommendatioll8 to the executive council in respect of any appointment specified in column (1) of the table below shall consist of the vice-chancellor who shall be the chairman thereof, the pro-vice-chancellor and 20 the persons specified ill the corresponding entry in column (2) of the said table i" :-- ~ :" the table (2) (1) profe"or three persons not connected with the university, nominated by the executive council, who have special knowledge of the subject with which the person to be appointect will be concerned readet lecturn(1) the dean of the faculty concerned; (2) the head of the department concerned; and (3) two persons not eonnected with the university, nominated by the executive council, who have special knowledge of the subject with which the person to be appointed will be concerned three members of the executive co'u!1cu nominated by it (2>, the procedure to be followed by the selection committee in making recommendations shall be determined by the executive council (3) if the executive council is unable to accept any reeommen-5 dation made by the committee, it shall record its reasons and submit the case to the visitor for orders 27 where, by these statutes, no provision is made for the presi- blected dent or chairman to preside over a meeting of any university autho- ~ lit rity, board or committee, or when the president or chairman so wbae do 10 provided for is absent, the members present shall elect one among ::ar::':a themselves to preside at the meeting scatutel 28 save as otherwise provided in the act, these statutes or the r c-appomc-ordinances, every officer of the university and every member of any me:~ university authority whose term of office or of membership has re-is expired shall be eligible for re-appointinent or re-election, 88 the case may be 29 (1) any member other than an e:r-officio member of the court, r~iiadadoa' the executive council the academic council or any other university authority may resign his membership by letter addressed to the 20 registrar, and the resignation shall take effect as soon as such letter is received by the registrar (2) an officer of the university (whether salaried or otherwise), other than a dean, may resign his office by letter addressed to the registrar: 2s provided that such resignation shall take effect only on the date from which the same is accepted by the authority competent to appoint such officer 30 (1) notwithstanding anything contained in the terms of his rc:movai contract or appointment, an employee of the university, salaried or from eenice 30 otherwise, may be removed from the service by the authority which is competent to appoint the employee, on anyone or more of the followinr grounch, namely:-(i) the employee has become physically incapable 01 perfonning his duties; or 3s (ii) the employee has become unsound in mind, deaf~ute or blind; or (iii) the employee sufters from contagious leprosy; or (i,,) the employee haa become an undischarged insolvent; or 4iicb)ls--5 - (v) the employee has been convicted by a court of - an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months, and a ~iiod of fti9'e years has not elapsed' from tire date' of exjhty of the'sentence: 5 provided that no such action shall be taken unless t'le employee h"u been: given a reasonable opportunity to explain: pro9fdlml further that nothmg in this claus~ shall be cleermd to ~t an, rigbu accruing to an empl1lyee appointed on contnct m accordance with the terms of that contract 10 (z) notwtthitanding anythtng contained in the tefml of his contratt ar appbtntmmt, the executive council may term1:nate the _~l of an employee-(4) fcjt-is (i) misconduct, or (ii) physical unfitness, or (iii) ineffteieiicy, or (iv) breach on his part of one or more of the terms of his contract with the university, iti each case, after calling fbr and considering his explanation; or 20 (b) after giving four months' notice or four month' salary in lieu thereof ltatod, 3l (1) whenever, in accordance with these statutes, any person is to hold any office or be a member of any authority of the univt!rsttt by rotation according to seniority, such seniority as between 25 two pet 80fts holding pemiament posts of similar rank or grade shall be dl!!te!l1i1ined in accordance with the length of continuous pennanett serviee in sueh rank or grade and in the case of two persons in temporary service in similar rank or grade, seniority shall be determined in accordance with the length of continuous temporary service 30 in such rank or grade; between a permanent employee! and a temporary employee in the same rank or grade, the ~rmanent etnployee jjiw' be ieniol' (z), it shall be the duty of the re!gistrar to ptepai'e and maintain iii ,reapect of each class of persons to whom the provisions of this 35 statute apply, a complete and up-to-date seniority list in accordance with the provisions of the foregoing clause (9) if two or more persons have equal length of continuous service in a partielilar grade or post, or ·the relative seniority of any person or persons is otherwise in doubt, the 'registl!ar may, en his own motion, and shall, at the request of any such person,' submit the 5 matter to the executive council whose decdsionthereon 'ihall be tinal 32 notwithstanding anything contained in these :statu'ell, a per- ten iii son who holds any office in the university or 'is a member of ~y o8lco authority or body of the ·university in his capacity asa mej1l~ 01 10 8!1b' other a\1thority or body or as the holder of ~y _p~tm&!lt, shall hold the office or be a member of the authority or bqcbr of the university so long only as he continues to be a member of that other authority or body, or the 'holder of that particular appointment, 81 the case may be is 83 all casual vacancies in the office of member (other :thtql·ajl ~, ex-of1icio member) of any authority or body of the unive11lity bh,u ftciddci be fi~led, as soon as conv~nient1y may be, by the ofticer or authority or body who ·has power to appoint, elect or co-opt the member whose place has become vacant, and the person so ,appointed, elected or ~ 20 opted in a casual vacancy shall be a member of such authority 'or body for the residue of the term for which the person whose ·place lie fills would have been a member 34 (1) colleges and other institutions within a radius uf fifteen admillicm miles from the main temple of the university may be admitted to a; ~viief 2s such privileges of the university as the executive council ,may de- ~tj diwrcide on the following conditions, namely:-(i) every such college or institution shall have a regularly constituted managing body, consisting of not more than twenty persons, approved by the executive council and including, among others, at least two representatives of the university and at least three representatives of the teaching staff, pf whoj!l~e principal of the college or institution shall be one; (ii) every such college or institution shall satisfytbe executive council on the following points, namely:-3s (a) the suitability and adequacy of its accommodation and equipment for teaching; (b) the qualifications and adequacy of its teachingstaff and the conditions of their service; (c) the arrangements for the residence, welfare, discipline and supervision of its students; and (d) such other matters as are essential ·for the maintenance of the standards of university education; and - (iii) no college or institution shall be admitted to any pri-yilept of the university except on the recommendation gf the academic council made after considering the report of a committee of inspection appointed for the purpose (2) appointments to the teaching st8ft of such college or institu-s tion shall be made on the recommendation of a selection committee which shall include the principal (unless the post to be filled is that of the principal), at least one of the representatives of the university on the managing body and one e%pert nominated by the acade- 10 mic council (3) every such college or institution shall be inspected at least once every year by a committee appointed by the academic council and the report of that committee shall be submitted to the academc council which shall forward the same to the executive council 'with such recommendations as it may deem fit to make 15 (4) the executive council after considering the report and the recommendations, if any, of the academic council shall forward a copy of the report to the managing body of the college or institution with such remarks, if any, as it may deem fit, for auitable action (5) the executive council may, after consulting the academic 20 council, withdraw any privileges granted to a college or institution if at any time it considers that the college or institution is not ful-illing the requisite conditions: provided that before any privileges are so withdrawn the managing body shall be given an opportunity to represent to the execu- 25 tive council why such action should not be taken (6) subject to the conditions set forth above, the ordinances ma, prescribe any other conditions which may be considered necessary and also the procedure for the admission of colleges and institutions to the privileges of the university and for the withdrawal of those 30 privileges 35 (1) every graduate of the university of not less than :s years' standing "hall be entitled to be registered and to have his name entered in the register of registered graduates, the period of 5 years being computed from the date of conferment of the first deeree by 35 the university oli the person concerned (2) every person who intends to become a registered graduate hall make an application to the registrar in such fond and on payment of such fee as may be prescribed by the ordinances (3) if any queajtion arises as to whether a person is entitled to have his name entered! in the register of registered graduates, it shall be decided by the· vice-chancellor whose decision uu be ftdal s (4) no registered graduate shall be entitled to vote at, or stand as candidate for, an election to the court from among the registered graduates unless his name has been entered in the register of registered graduates for at least one year prior to the date of the election 10 36 (1) the names and addresses of all persons who have made a lllt of donation of rs 1 lakh or upwards or have transferred property of dodorl the like value to the university ihall he maintained in - register kept for the purpose by the secretary of the court (2) a similar register shall be kept showing the names and ad-is dresses of representatives of corporate bodies, finns, companies, trusts and joint hindu families, who have made to the university a donation of rs 1 lakh or upwards or have transferred property of like yalue (3) every person whose name is entered in either register shall 20 be a registered donor of the university 37 (1) the degree of doctor of letters (d litt) , or mahamaho- hodoruj padhyaya, honoris causa, shall be conferred upon such persons as degreel have contributed substantially to the advancement of literature, philosophy, art, music, painting or any other subject assigned to the 2s faculty of arts, or for conspicuous service rendered by them to the cause of education (2) the degree of doctor of science (dsc) honcni8 causa, shall be conferred upon such persons as have contributed substantially to the advancement of any branch of science or technology or to plan-30 ning, organising or developing scientific and technological institutions in the country 38 (1) a retired professor of the banaras hindu university who eaeritul has acquired distinction in the field of scholarship and research and !'!dfeviddq has published any wcxrk of merit may, on the recommendation of the piofcuor 3s vice-chancellor supported with reasons and of the academic council, be appointed 3s emeritus professor on such terms as may be - prescribed by the ordinances in this regard (2) a scholar of eminence who has acquired distinction in the field of scholarship and research and has published any work of 40 merit may on the recommendation of the vice-chancellor supported with reuem, be invited by the academic council to deliver tures idthe university for a ,eciaed perwd ensuch termsas may be prescribed by the ordinances 39 (1) the executive council shall make provision for the maintenance of the central hindu school bdd otherlehools which have s baen established in accordance with the act, theje statutes ·or ,the regulations provision for mainte-dlldcle of centnl hindu school (2) the management of such schools shall be in accordance with the ordinances made in this behalf ~ertica of 40 the schools referred to in the preceding statute and all their 10 :: be ~ls buildings, properties, furniture, apparatus and books and accounts ~ofthe shall be the property of the university unic:njty provident fund of employizssubscription 41 every employee of the university, appointedperrnanently to by employee a substantive post, carrying a salary of rupees twenty per mensem or is upwards, shall, as a condition of his service, subscribe to the provident fund eight and one-third per cent of his salary; such subscription shall be deducted from his salary f!!vf!!rj month, fractions of a rupee of the salary being omitted comdbudon'by university - 42 the universityahall contribute to the fund a aum equal to 20 such percentage of the salary of each employee as may be approved by the central government and such contribution shall be credited to the account of 8ueh employee and charged to the univenity accounts under the head "provident fund" deposit in bajik 43 the amount of the deduction made from the salary of an 2s employee under statute 41 and the amount of the contribution made by the university under statute 42 shall be deposited in the pqst office savings bank or in the state bank as the executive council may direct, in the name of the fund as early as practicable or at any rate within three days of the date on which the payment of the 30 salary is made invcitjiudt in iecuritiu 44 (1) the university may from time to time, invest • uc4 part of the provident fund, as may be considered expedient, in such government securities as the executive council may determine, and may shange the nature of the securities 3s (2) all interest or profit realized from the securities or from any deposit or account arising out of the fund, shall, after deduc:tinatbe incidental expenses of investment or realization, be credited to the provident yund a:ccdullt to be diltrt1:ruted nteably in the account of each subscriber 4& (l} on a written application tram a subscriber to the provi-r= of dent fund and with the approval of the executive council, the uni- pjcmia , ve:rsity may auow premia on the life insurance policy of the subscriber to be paid out of' the subscriber's share in his provident fund (2) in all such cases, the life insurance policy for which the pre-mia are- so paid shall be assigned in favour of the university and the policy shall, on the retirement of the subscriber from the service of 10 the university, be re-assigned to him by the university in cue of maturity of the policy during the service of the subscriber in the university, the full amount of the policy shall be credited to the provident fwad of the subscriber and in the case of the death of the _bseriber dwing the service, the full amount of the policy shall be 15 piiid to the legal rept'esentative of the deceased entiued to the pronient j\md 46 the amount at the credit of any subscriber shall be payable- amount when (a) on the death of the subscriber, to the person or persons payable nominated by him or, when no such nomination is made, to his legal heir or heirs; 20 (b) on his ceasing to be in the service of the university, to such sub~ber provided--(i) that no subscriber who has been dismissed for what is considered by the executive council as gross misconduct, shall, if the executive council so directs, be entitled to the beneftt or to receive any part of any sum at any time contributed by the university to the fund or the interest or profit thereon; 30 (ii) that if any subscriber resigns his appointment before putting in five years' service, the university may withhold the contribution allotted to him, together with the interest thereon, and pay to the subscriber only the balance at his credit without such contribution or the interest on or proft1 from such contribution 35 47 the university shall not be entitled to recover from the amount kelo\lllly of - to the credit of any subscriber on account of subscriptions made by =: him thereto (including interest on or profit from such subscriptions), any sum on account of any loss or damage sustained by the university through the misconduct or negligence of the subscriber ' or any other sum due by him: any such lois or damage sustained by the university or other liability incurred by the subscriber to the university, shall, however, be recoverable from the contribution made by the university to his account including interest or profit thereon lapse of ~~~~~tion 48 any contribution and interest or profit, withheld under these statutes, shall lapse to the university advancea 49 (1) in case of urgent necessity, which in the opinion of the executive council justifies the course, the university may allow a subscriber an advance of a sum, not exceeding his salary for three 10 months, out of the amount subscribed by him with interest thereon (excluding the contribution of the university and the interest or profit thereon) (2) the advance shall be recovered in such number of monthly instalments, not exceeding twenty-four as the executive council may is fix, and shall be recovered by deduction from the salary payable by the univenity to such subscriber; the amount of such instalments shall be fixed in whole rupees, and the deductions shall commence from the ftrst payment of a full month's salary, after such advance has been made, and the last instalment shall cover the entire balance 20 then due (3) notwithstanding anything in clause (1), if an advance is required for the purpose of building or purchasing a house, the maxi mum limit of the advance may be equal to twelve months' salary of the subscriber out of his subscription to the fund, to be repaid in such 2s number of instalments, not exceeding forty-eight, as the executive council may determine (4) a subscriber may at his option pay at any time any additional sum above the amount fixed (5) no subsequent advance shall be made until the lapse of three 30 months from the date when the previous advance has been fully repaid subac:rlptlan so an employee, who is on leave on full pay, shall continue to durina reave subscribe to the provident fund and may do so at his option, if he is on leave on less than full pay 35 amtual 51 a separate account in form a shall be kept in the office of the ::=t of university on account of every employee subscribing to the prov1~ dent fund and a copy of the account shall be furnished to evf1ry such employee at the end of each financial year and on his ceasing to be an employee 40 52 (1) accounts credited or debited to the provident fund shall p iden on the same day be posted to the providenlt fund ledger p:d t in form b, given below the figures for column 6 in the ledger will lcdpr be calculated yearly as also the net balance of each account entered 20 in columns 7 and 10 (2) no voluntary deposits from employees will be credited to the provident fund clolida of account 53 if a subscriber dies or his services otherwise terminate, 11m account shall be closed, and the sum due to him shall cease to beal' interest or carry any profit after the expiry of the month in whic:h hij 5 death or the tennination of his services occurs transfer 10 deposit accoulit 54 when an account is closed, any sum remaining unclaimed shall be removed from the provident fund ledger and transferred to a deposit account at the end of the year and be dealt with like any ordinary deposit 10 | | | | | romidation | 55 | (1) ||-------------|------------|-------|-------|----------------|--------|--------|| every | subscriber | shall | be | required | to | sign || a | | | | | | || written | | | | | | || declaration | | | | | | || that | | | | | | || he | has | read | these | statutes | and | that || to | | | | | | || abide | by | them | and | hand | over | for || in | | | | | | || the | | | | | | || university | | | | | | || oftlce | the | name | | | | || of | | | | | | || the | person | to | whom | he | wishes | the || credit | to | be | paid | in | the | event || j | | | | | | || 5 | | | | | | |(2) when nominating more than one person he may state the proportion in which the said balance mly be paid to each of them respectively in case the nominee or any of the nominees is a minor, he should state the date of birth of the minor nominee; a·nd the payment shall be made to the next friend of the nominee or the guardian 20 who may be authorised by law to receive payment on his behalf while he is a minor (3) 'nle subscriber may, from time to time, add to or change his nominee or nomin·ees and the proportion in which the balance at credit is to be distributed, by written application to the university 25 (4) a register of nominees shall be kept in the university office in fonn c givcn below:- form c58 notwithstanding anything contained in these statutes, do b:,i~i t employee of the university shall be entitled to the benefit of the diaib': " provident fli'1d if he is otherwise entitled to a pension or the university cl-ntributes towards his pension and leave allowance or 5 he has been· appointed by the university on a conlolidated salary on special terms gratuity and compassionate fund57 the university shall set apart a sum of rs 1,000/- every year compallloand invest the same at interest in order to form a fund for the nate pund 10 payment of gratuities to the servants or employees of the university and for the payment of compassionate allowance to ,taeir families, as hereinafter provided 58 if the unspent balance of that fund at the close of any finan- balance in cial year exceeds rs 3,000/-, the university may stop further ~c:dort to ex s i s payment to the fund under the preceding statute till the balance 3,000 falls below that amount or reduce the amount ,payable thereunder so as not to exceed that amount 59 gratuity will be paid unly to a servant or employee of the gratuity university-20 (i) who is permanent; (ii) who has not less than five years service; and (iii) who is getting n salary of less than rupees 20/- per mensem· 60 (1) the amount of the gratuity shall be equal to half month's payment of 25 pay for every completed year of service, but the total amount of gratuity gratuity shall not exceed rs 240/- in any case (2) gratuity shall be payable to the servant or employee at the time of his retirement from the service of the university on account of physical incapacity or on reaching the age of superannuatioo 30 (3) if a servant or employee of the university who was eligible for gratuity under statute 59 begins to draw pay of rs 20/- or more per mensem, he may be allowed gratuity in respect of his period of service rendered on pay of less than rs 20/- per mensem, but the amount of such gratuity shall be paid only on retirement or discharge 3s 61 if 8 servant or employee of the university dies while in the eompaasioservice of the university after comp1etin6 a service of ten years, na:~­such compassionate allowance not exceeding three months' pay may :mily be paid to such members of his family who are dependent on him for their livelihood as the executive council may, in the circumstanees - 40 of each case, determine 62 the payment of gratuity or compassionate allowance may be modo:f made either in a lump sum or in instalments or in such other manner pajl1l as the executive council may determine - statement of objects and reasons'the report of the banaras hindu university enquiry committee appointed by the president, in his capacity as the visitor of the university, to enquire into the state of affairs at the university bad revealed certain disquieting features and unhealthy influences which had been undermining the discipline of the university on a preliminary consideration of the recommendations of the committee, the president promulgated the banaras hindu university (amendment) ordinance, 1958 on the 14th june, 1958 which was later replaced by the banaras hindu university (amendment) act of 1958 both the ordinance and the amending act were temporary measures to tide over the difficult situation which was prevalent in the university at that time and the intention was to bring before parliament in due course a comprehensive long-term legislation for the university after a detailed examination of the various recommendations of the enquiry committee the recommendations have been examined in consultation with the authorities concerned and the present bill embodies the long-term legislative proposals for the university the main features of the bill are:-(4) the restoration of the supreme governing status to the court of the university; (b) the reconstitution of the executive bodies of the university, eg, the court, the executive council and the finance committee; (c) the abolition of the reviewing committee and the standing committee of the academic council of the university; (d) the conferment of power on the university to borrow money with the approval of the central government and the abolition of the university's power to withdraw degrees; (e) the revision of the procedure for the appointment of the vice-chancellor; and <1> other measures of reform in the administration of the university k l shrimali new di:un; the 27th april, 1981 annexure htaacrs from the banaras hindu university ar:r, 1915(act no 16 of 1915) - - - - 2 in this act, unless there is anything repugnant in the subject deilaidodi or context,-(a) "college" means any college or institution maintained or admitted to privileges by the university; (b) "executive council" means the university council; (c) "court" means the university court; (d) "faculty" means a faculty of the university; (e) "ordinances" means the ordinances of the university for the time being in force; (f) "academic council" means the academic council of ~he university; (g) "statutes" means the statutes of the university for the time being in force; and (h) "university" means the banaras hindu university 3 (1) the first chancellor, pro-chancellor and vice-chancellor idcorpor •• who shall be the persons specified in this behalf by a notification of uod the central government in the official gazette, and the persons indicated in schedule i as members of t'1e court and the academic council, and all persons who may hereafter become, or be appointed as, such ofticers or members, so long as they continue to hold such office or membership, shall be constituted a body corporate by the name of the banaras hindu university - - - (3) the university shall be deemed to have been incorporated for the purposes, among others, of making provision for imparting education, literary, artistic and scientific, as well as agricultural, technical, commercial and professional, of furthering the prosecution of original research, and of giving instruction in hindu theology and religion, and of promoting the study of literature, art, philosophy, history, medicine and science, and of imparting physical and moral training ~u:avo::~1 , the university shall be open to persons of either sex and of cl!saea,casteb whatever race, creed, caste or class, and it shall not be lawful for the and creed university to adopt or impose on any person any test whatsoever of relieious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof; except in respect of any particular benefaction accepted by the university, where such test is made a condition thereof by any testamentary or other instrument creating such benefaction: provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the ordinances to those who have consented to receive it· powcnof the univerlity 4a the university shall have the following powers, namely:-- - - - - - (2) to promote oriental studies, and in particular vedic, hindu, buddhist and jain studies, and to give instruction in hindu religion and to impart moral and physical training; (3) to hold examinations and to grant and confer degrees and other academic distinctions to and on persons who-(a) shall have pursued a course of study in the university or in an institution maintained under sub-section (1) of section 15 or admitted to the privileges of the university under sub-section (2) of that section, or (b) are teachers in educational institutions, under conditiona laid down in the statutes and the ordinances, and shall have passed the i!xaminations of the university under like conditions, or (c) being women, shall have pursued a course of private study and shall have passed the examinations of the uni-:veraity under conditions laid down in the ordinances; - - - (13) to create administrative, ministerial and other necessary posts ~nd to make appointments thereto; and - - - visitor 5 (1) - - - - (2) the visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the university, its bmldinp, laboratories and equipment and of any institution maintained by the university, and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the university - - - - - chief rector i (1) t·he governor of the state of uttar pradesh shall be the and rectors chief rector of the university (2) such persons, as may be appointed in this behalf in accordance with the states, shall be the rectors of the university offtcenaad 7 the following shall be the officers and authorities of the authorities of the unl-university: -venity op'ncers of the university(i) the chancellor, (ii) the pro-chancellor: provided that until one of the two pro-chancellors holding office at th:, commencement of the banaras hindu university (amendment) act, 1951, ceases to hold office, there shall be two pro-chancellors (iii) the vice-cha~cellor, (tv) the pro-vice-chancellor, (v) the treasurer (vi) the registrar, (vii) the deans of the faculties, and ('i1iii) such other persons in the service of the university as may be declared by the states to be the officers of the university authorities of the university(i) the court, (ii) the executive council, (iii) the academic council, (iv) the standing committee of the academic council, (v) the finance committee, ('i1i) the faculties, and (vii) such other authorities as may be declared by the states to be authorities of the university 8 subject to the provisions of this act, the powers and duties of the ofbcers of the university, the term for which they shall hold ofbce, and the filling up of casual vacancies in such offices, shall be provided for by the statutes powers and duties of ofiic:ers, tonnlof oftice and filling of casual wean ci~l the court 9 the functions of the court shall be--(ci) to advise the visitor in respect of any matter which may be referred to it for advice; (b) to advise any authority of the university in respect of any matter which may be referred to the court by such authority; and (c) to perform such other duties and exercise such other powers as may be assigned to it by the visitor or under this act thec:n~-10 (1) the executive council shall be the executive body of the ave cl - un,iversity (2) the executive council shall exercise such powers and perform such duties as may be vested in it, by the statutes the acade-11 (1) the academic council shall be the academic body of the mic council university and, subject to the act, the statutes and ordinances shall have charge of the organization of instruction in the university and the colleges, the courses of study and the examination and discipline of students and the conferment of ordinary and honorary degrees - - - - - fhe j::d~ 12 there shall be a standing committee of the academic :: of the flut- council which shall exercise such powers and perform such duties ~~c as may be vested in it by the states pro~~s ua no act or proceeding of any authority or body of the uni-~~~ri:~: versity shall be invalid by reason only of the existence of any bo~ie8 ~ot to vacancy among its members or any defect in the constitution thereof be mvalidat- c:d by vacandes etc - • - • - • permanent reserve to cover recurrid& chal'jlc 14 tthe university shall invest, and keep invested, in securities in which trust funds may be invested, in accordance with the provisions of the law relating to trusts in india, a sum of fifty lakhs of rupees as a permanent endowment to meet the recurring, charges of the lhai"ty mlaer tlaad cmu,es in respect of iic!holapshtps prizes and iew1ll'da: provide4 thatr~ of 1886 (1) ~f (;}pv~~dt ~urities, u d$~ p1 ~e ii\4ian ~~i~ a~, 1886, w~~ may be held py the uriiverm~1 @au, for the purpose of this section, be reckoned at their face-value; and - - - - ~1 (1) sl1qjifilct t9 the provi~ions qf ~~ act, the statqtlits jday statutes pro~4~ f9:r au pr any of uje fallowing mattera, nrunel~:-(a)· the constitution, powers and duties of the court, the e¥ecu~v~ c,,~f!:u, ~! ac,de~e cqul1fju, t~e $t~1 committee 0( ~e m"'~emie c~cil, the f~ance cqlllqut~e ~d uch other bodies, as may be deemed n~ to cf)~stitute from time to time; (f» ~, "t~tiojl ipl4 ~d~wuance in oftl~ of the members of the said bodies, including the pontinuance in ofb~ of the first members, and the filling qf vacancies of members, anp all other matters relative to those bodies for which it may be necessary or desirable to pl'ovtuj (c) the appointment, ppwers ~ml duties 01 the officers of the university; (d) the constitution of a pension or provident fund and the establlshment af an insurance scheme fgr the benefit of the officers, teachers and other employees of the university; (e) the conferment of honorary degrees; (f) the withdnwal gf degrees, diplomas, certificates and other aoademic distinctigdsj (g) the establishment and abolition of faculties, departments, halls, colleges and institutionsj (i{) the ~iitia_ llnder which coueges anci other insti-wotiom ~ay b, a~tted to the privileges of the uriversity and the withdrawal of such· drivthtl8lti (i) ~t! ~,,~t"~~dn of f~qwsnips, schqlarmip$, ,tudentships, ~:jlubjtiq~ ~~ rij~ f~~i ~ (;) all other matters vt'im~h by ·uliji ~ct are to btt· tn' may be prov~ded by tpe statutes (2) tile first statutes shall be those set out in schedule t 426 (b) ls-7 (3) the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes; but every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitoll' who may sanction, disallow or remit it for further consideration ordinldces 18 (1) subject to the provisions of this act and the statutes, the ordinal'lces may provide for all or any of the following matters, namely:-- - - - (c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the university, the qualiftcations for the same, and the means to be taken relating to the granting and obtaining the same; (d) the fees to be charged for counes of study in the university and for admission to the examinations, degrees and diplomas of the university; - - - - (k) the emoluments and the terms and conditions of service of teachers of the university; - - - - - - (m) the supervision and inspection of colleges and other institutions admitted to privileges of the university under sub-section (2) of section 15; and! - - - - - - (3) the said ordinances may be amended, repealed or added to at any time by the executive council: provided that--(i) no ordinance shail be made afteeting the conditions of residence or discipline of students, except after consultation with the academic counell; (ii) no ordinance shall be made-(0) affecting the admission or enrolment of students or prescribing examinations to be recognised 81 equivalent to the university examinations, or (b) aftecting the conditions, mode of appointment or duties of examiners or the conduct or standard of exami-dationl or any coui'iie of study, unl a draft of such ordinance has been proposed by the academic counclj - - - - (5) where the executive council has rejected the draft of an ordinance proposed by the academic council, the academic council may appeal to the visitor who may pass such order thereon as he thinks fit: (6) all ordinances made by the executive council shall be submitted, as soon as may be, to the visitor who may within two months from the date of receipt thereof disallow any such ordinance or remit it to the executive council for further consideration (7) the visitor may by order, direct that the operation of any ordinance shall be suspended until he has had an opportunity 0'" exercising his power of disallowance, and any order of suspension under this sub-section shall cease to have effect on the expiration of two months from the date of such order - - '" - ita (1) every salaried officer and teacher of the university conditions shall be appointed under a written collltract, which shall be lodged g~=c::j with the university and a copy of which shall be furnished to the tc8chcl's officer or teacher concerned (2) any dispute arising out of a contract between the university and any of its officers or teachers shall, at the request of the officer or teacher concerned or at the instance of the university, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the ofbcer or teacher concerned and an umpire appointed by the visitor and the decision of the tribunal shall be final - - - - a bill fllnllet fo adjel1~ tpe awnls hindu ulliversity n;t, 1915 (dr k l %rimaii, minister of educar::m)

Parliament_bills

2b11583d-91dc-501a-a63b-38bfc775172a

bill no iv of 2019 the constitution (scheduled tribes) order (second amendment) bill, 2019 a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of the scheduled tribes in the state of karnatakabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order(second amendment) act, 2019co 2252 in the constitution (scheduled tribes) order, 1950, in the schedule, inpart vi—karnataka,—amendment of constitution (scheduled tribes) order, 1950(a) in entry 38, for the words "naikda, nayaka", the words and brackets "naikda,nayaka (including parivara and talawara)" shall be substituted;(b) in entry 50, for the brackets and words "(in uttar kannada district)", thebrackets and words "(in belagavi, dharwad and uttar kannada districts)" shall be substituted statement of objects and reasonsscheduled tribes have been defined in clause (25) of article 366 of the constitution as''such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution''2 article 342 of the constitution provides as under: —''342 scheduled tribes— (1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or group within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification'' 3 in accordance with the provision of article 342 of the constitution, the first list of scheduled tribes in respect of state of karnataka (the then state of mysore) was notified, vide the constitution (scheduled tribes) order, 1950 list of scheduled tribes of state of karnataka has been modified through the scheduled castes and scheduled tribes order (amendment) act, 1956, the scheduled castes and scheduled tribes orders (amendment) act, 1976, the constitution (scheduled tribes) order (second amendment) act, 1991, the scheduled castes and scheduled tribes orders (amendment) act, 2002 and the constitution (scheduled tribes) order (amendment) act, 20124 at present, there are one hundred and six numbers of communities and synonyms appearing in the list of scheduled tribes of the state of karnataka5 on the basis of recommendation of state of karnataka, it has been decided for inclusion of communities, namely: (i) ''parivara" and "talawara" at entry 38 as synonyms of"nayaka" and (ii) ''siddi'' community of dharwad and belagavi districts alongwith existing'siddi' community of uttar kannada district at entry 50 in the list of scheduled tribes of the state of karnataka therefore, it is proposed to amend part-xi of the schedule to the constitution (scheduled tribes) order, 1950 relating to the state of karnataka to grant scheduled tribes status to the said communities6 the bill seeks to achieve the aforesaid objectsnew delhi;jual oramthe 8th january, 2019 financial memorandumthe bill seeks to amend the constitution (scheduled tribes) order, 1950, by amending the list of scheduled tribes of the state of karnataka, as under:—''inclusion of communities, namely (i) "parivara" and "talawara" at entry 38 as synonyms of "nayaka" and (ii) "siddi" community of dharwad and belagavi districts alongwith existing "siddi" community of uttar kannada district at entry 50 in the list of scheduled tribes of the state of karnataka" 2 the amendment in the list of scheduled tribes in respect of the state of karnataka will entail no additional recurring expenditure from consolidated fund of india on account of benefits likely to be provided to the persons belonging to aforementioned communities in state of karnataka, out of continuing schemes meant for welfare of scheduled tribes the said expenditure will be accommodated within the annual plan and non-plan outlay of this ministry annexure extracts from the constitution (scheduled tribes) order, 1950 co 22 part vi—karnataka38 naikda, nayaka, chollivala nayaka, kapadia nayaka, mota nayaka, nana nayaka, naik, nayak, beda bedar and valmiki50 siddi (in uttar kannada district) ———— a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of the scheduled tribes in the state of karnataka————mgipmrnd—3183rs—08-01-2019

Parliament_bills

53bd7b11-37f8-5eaa-add8-f7797731064b

bill no 89 of 1982 the assam appropriation (no2) bill, 1982a bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of assam for the serviees of the fi",ancial year 1982-83 be it enacted by parliament in the thirtythird year of the republic of india as follows:-1 this act may be called the assam appropriation (no2) act, 1982 shon ti'tle 2 from and out of the consolidated fund of the state of assam there 5 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 assam appropriation (vote on account) 11 of idsa act, 1982] to the sum of nine hundred seventy-seven crores, fourteen lakhs and ninety-one thousand rupees towards defraying the several charges 10 which will come in course of payment during the financial year 1982-83, in respect of the services specified in column 2 of the schedule issue of &s 977, 14, 111, 000 out of thla coosolidated fund of the state of assam for the year 11182-83 3 the sums authorised to be paid and applied from and out of the con-approsolidated fund of the state of assam by this act shall be appropriated for priation the services and purposes expressed in the schedule in relation to the said 15 year !;t and 3)sujdi not exc:eedinl services and purpoees total voted by parliament ~ lidated fund no of 5 votel appropriabon ra rs 51,19,000 49,80,000 state legislature revenue 10 12,20,000 revenue head of state 12,50,000 12,50,000 revenue 2 council of miniaten 2,62>43,000 revenue i ,98,86,000 s administration of justice ,99,83,000 revenue 4,99,83,000 4 electiooa 8,82,000 8,82,000 revenue 5 tucii on income and expenditure 8,47,90,000 6 land revaaue and land ceiling revenue 9,99,000 revenue 7 stamps 9,99,000 8 reptration revenue !;to revenue 82,03,000 9 state excue 1,27,76,000 10 sales tax aod other tucii - revenue 2,93,68,000 ii tnuuport servicea revenue capital j 2 electrical lnapcctorate revenue revenue 13 small simnp 14 financial impection revenue servicing of debt revenue 1,4,95,000 public service commiaion revenue 30 3,88,80,000 15 civil secretariat and attached office revenue 3,88,80,000 3,60 ,61,000 16 district adminiltration revenue 3,60,61,000 1,18,17,000 17 treasury and accountl adminiatration revenue 35 18 police revenue capita) 1,00,000 19 jaill revenue 110 - stationery and printil'lg revenue ~, 1_,"" ", 1,00,000 i 1,73,36,000 , 1,50,14,000 i ------~~~ -----~,------'~ | suml | not ee'c'cding ||--------------------------|-------------------|| i | || zzq: | - || total | || votdi | by || parliament | || charged | on || th~ | || conloli- | || dated | fund || noof | || votel | || appro- | || pria- | || tion | || 5 | || | ____ || p- | || ~ | ~ || | ___ || -i | || ~_ | || -- | ____ || ri | ri || in | || adminiltrative | and || tional buildings | || revenue | || 5 | || 0 | ,000 || 5 | || 6,08,000 | || capital | || i | || li,1i5 | ,93,000 || ilili593,ooo | || 1,66,lli,ooo | || lili | fire || 1,66,lli000 | || 10 | || revenue | || vigilance | and || commiuiq1jj | || 13,16,000 | || revenue | || 13 | || 16,000 | || civil defence | || and | home || guards | || revenue | || 15 | || guelt | houlel, govern- || ment | holtell, etc || 4'1,19,000 | || revenue | || !16 | || administrative training | || revenue | || '7,97,000 | || vital statistics, etc | || 10110,000 | || [10,110,000 | || ,,- | || revenue | || f | || penaiodi | || and | other || 3,69,s 1 ,000 | || ment benefits | revenue || li9 | || aid | || materials | || revenue | || go | || state lotteries | and || 4996000 | || 31 | || education | || revenue | || 1114,65,99,000 | || 11,00,000 | || capital | || li,oo,ooo | || 3li | || art | || and | culture || revenue | || gg,g6,ooo | || 25 | || 99,96,000 | || 93 | state archives || revenue | || li,sioooo | || medical | || and | || health | || public | || revenue | || 5 | || 2 | || ,00,71,000 | || 52,00,81,000 | || capit | || l | || 1,405 | || 0,000 | || 14 | || 0 | || 5 | || 0 | ,000 || 35 | sanitation || 19,00,000 | || 19,00,000 | || 30 | || capital | || 4 | || 00 | || ,000 | || s6 | || houling schemea | || revenue | || 11,· | || ,46,000 | || li,4 | || 1 | || f6,ooo | || capital | || 5 | || 0 | || ,61,000 | || 5 | || 0 - | || 61 | || ,000 | || 37 | || rc'idential | buildinp || revenue | || li,'u,59,ooo | || 24359 | || 000 | || capital | || 5,98,93,000 | || 53893 | || 000 | || 35 | || 1,11,5 | || 0 | || ,000 | || g8 | urban || revenue | || 1,115 | || 0 | ,000 || 1,10,90,000 | || capital | || 1,10,90,000 | || 39 | || information | and || 67,5°,000 | || 40 | labour || 2,79,67 | || 000 | || 41 | civil supplicl || revenue | || 1,39,li3,ooo | || 411 | relief || 96,000 | || 1000 | || 95 | || 000 | || st"rvicci | and | purpose ||-----------------------|-----------------|-------------|| sums | not | exceeding || votrd | | || by | | || parliament | | || charged | on | || the | | || aomoli- | | || total | | || dated | fund | || noof | | || votrl | | || appro- | | || pria- | | || 5 | | || tion | | || i | | || rs | | || rs | | || ri | | || t | | || welfare | of | scheduled || 43 | | || sch~dulcd | | || tribes | and | || oth('r | | || revrnue | | || 10 | | || 610, | | || 41 | | || 5,000 | | || · | | || | | || 61005 | | || 000 | | || capital | | || io,oooco | | || 1000000 | | || social welfare | | || revenue | | || 3,98,14000 | 3,98,14 | || 000 | | || prohibition | revenue | || 50,35 | | || 000 | | || 5035 | | || 000 | | || 15 | | || ~ol,ooo | | || 411,010(0 | | || pensions | to | || freedom | | || figbtel"l | rajya | sainik || board, | ete | || revenue- | | || capital | | || 8974 | | || 000 | | || gg74 | | || ooo | | || i | | || 892 ,00 ,000 | | || 8911 | | || 00 | | || ,000 | natural | caiamilici || rr-vrnur | | || , | | || +7 | | || a | | || 20 | | || social | and | community || servi«1 | | || rrvenue | | || 5,00,000 | | || · | | || | | || 5,00,000 | | || planning | board | || rewnue | | || 3117 | | || o• | 0i | || )o | | || :js7°,ooo | | || 49 | | || co-opl"ration | | || ilevenue | | || 5,95,97,°00 | | || !h9597,ooo | | || capital | | || 839,95,000 | | || 8,3995 | | || 000 | | || north | eaatern council | || sc~mt' | | || rev('nuc' | | || 1,64,l!6,000 | | || · | | || | | || 1,64,:a6,ooo | | || c'apital | | || 3,77,06,000 | | || 377,06,000 | | || stat:~tc~ | | || revenue | | || 13',06 | ,000 | || 13'00,000 | | || weigbts add | | || mealurel | revenue | || 36,b4 | | || 000 | | || 36,64,coo | | || 6,88000 | | || 688,000 | | || trade | adviser | || revenue | | || 4 | | || 0 | | || ,0116,000 | | || 400116000 | | || agriculture | | || revenue | | || capital | | || 5,5° | | || 00 | | || ,000 | | || 5,5° | | || 00 | | || ,000 | | || irrigation | | || revenue | | || 48793,000 | | || 48793,(00 | | || capital | | || ag,16,s9,ooo | | || | | || a6165g,goo | | || 5 | | || 7 | | || soil | | || and | | || water | | || conaerva- | | || lion | | || revenue | | || 3,66,97000 | | || | | || 36697 | | || 000 | | || 35 | | || l,ao,ooooo | | || 111000,000 | | || capital | | || 5 | | || 8 | | || ammal | | || huabanc:\ry | | || and | | || vetcridary | | || llevenue | | || 8,91),411,000 | | || | | || 8099>411,000 | | || 1,74->0 | | || 1,000 | | || | | || 1' | | 01,000 || dairy | | || developmedt | | || revalue | | || 59 | | || fiaherita | | || jleveoue | | || 60 | | || 11,15 | | || 0 | | || 7 | 000 | || | | || ,15,07,000 | | || capital | | || 8,00,000 | | || | | || 1100,000 | | || ii | 1 | ,oo,si,ooo || | | || 111,00,5 | | || 1 | | || ,000 | | || forab | | || reveftue | | || 1 | | || 6 | | || 8,s6,84,000 | | || ~,(kx) | | || 8,36,86,000 | | || commwaity development | reverlue | || 6a | | || 434 | | || 1 | | || ,000 | | || | | || 434 | | || 1 | | || ,000 | | || indultria | | || revenue | | || 6 | | || 3 | | || capital | | || 45 | | || -----------------~ | | || 6,8~6gooo | | || | | || 6,8s,6g,00c? | | || -_ | | || | | || _-'-_ | | |sums not exceeding no of votel ~ ropr1&-tion charged on parliament the coluoli-total dated fund 5 , voted by ; i revenue sericulture and weaving ri 0 4,59,86,000 4059,86,000 re ri i 11,11,000 i 11,11,000 capital i revenue oottase indultrie 11,51,53,000 11,51,53,000 10 capital 93,95,000 93,95000 revenue mine, minerals and power 90>45,000 90>45,000 capital 51,67,00,000 51,67,00,000 revenue flood control 8,70,10,000 8,7°,u"ooo capital 13,00,00,000 121,-13,01,113,000 15 revenue roads and bridges 68 118,33,50,000 118,33,50,000 capital 114,65,01,000 114065,01,000 rnvenue 6g touriam 36,76,000 36,']6,000 20 revenue payment of compensation and llllignment to local bodies and panchayati raj institutions 3,911,70,000 i 3,911,70,000 ,i capital auam capital conatructiou ' capital llllmull d,bl capital repayment of central loan - 1,011,41,000 24,-1,011,6,5,000 z,ss,ls,o~,-11,55>15,011,000 i i 5005],17,-50,53,17,000 capital loans and advances to government servanu inter state settlement capital 6,115,00,000 6,115,00,000 1,(j(),_ ',00,000 30 total _ ___ ---t ___ - -------- -------619,511,99,000 i 357,61,92,000 977,14,91,000 ---------------------~------- statement of objects and reasonsthis bill is introduced in pursuance of articje 204 (1) of the constitution read with the proclamation issued under article 356 of the constitution in respect of the state of assam on the 19th march, 1982, to provide for the appropriation out of the consolidated fund of the state of assam of the moneys required to meet the expenditure charged on the consolidated fund of the state of assam and the grants made by the lok sabha for expenditure of the government of assam for the financial year 1982-89 pranab mukherjee president's recommendation under article 207 of the constitution of india[copy of letter no f 2 (124) -b (s) /82, dated the 26th july, 1982 from shri pranab kumar mukherjee, minister of finance to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of assam for the services of the financial year 1982-83 recommends under clauses (1) and (3) of article 207 of the constitution of india read with proclamation dated the 19th march, 1982 issued under article 3w of the constitution, the introduction of the assam appropriation (no2) bill, 1982 ih lok sabha and also the consideration of the bill 2 the bill will be introduced in lok sabha immediately after the demands for grants for the expenditure of the government of the state of assam for the year 1982-83 have been voted a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of assam for the services of the financial year 1982-83 (shri pranab kumar mukherjee, minister of finance)

Parliament_bills

1c1d291e-1ffd-58a8-9f37-812422102adf

bill no 43 of 2011 the constitution (amendment) bill, 2011 bydr kirit premjibhai solanki, 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, 2011amendment of article 722 after clause (1) of article 72 of the constitution, the following clause shall be inserted, namely:—sentence of any person convicted of any offence relating to—(a) sedition or waging war against the state; or (b) terrorist activities in any part of the country, statement of objects and reasonsarticle 72 of the constitution gives power to 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 accordingly, considerable number of people, who are sentenced to death or life imprisonment, etc send mercy petitions to the president of indiahowever, in the last several years, criminal activities against the state including that of sedition, waging war against the government of india and terrorist activities in many parts of the country have noticeably increased the persons who commit such heinous crimes as killing innocent people to serve their narrow political or religious purposes use this tool of mercy petition just to delay the justice and thus even after they have been convicted, they do not serve their sentence for years because their mercy petitions take several years to be disposed ofthough there is no need to dilute the power of the president of india under the constitution regarding mercy petitions but in respect of certain offences such as sedition or waging war against the state or terrorist activities, this power needs to be subject to the condition that the decision of the president shall be conveyed within one year of the receipt of the mercy petitionhence this billnew delhi;kirit premjibhai solankijuly 15, 2011 annexure extract from the constitution of india part v the union chapter i—the executivethe president and vice-president 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 lok sabha———— a billfurther to amend the constitution of india————(dr kirit premjibhai solanki, mp)gmgipmrnd—798ls(s3)—04-08-2011

Parliament_bills

eaba65ca-82d2-50ee-8e2d-a4060ce6bde9

the public sec'idr iron and steel companies (res'lructoring) and miscellaneous provisions bill, 1977 i-to be/as introduced in 10k sabba 71 page (1), against clause 7,-(a) m ''property'' ~ ''properties'' (b) t!2i "tnd " ~ "and" 2 page (i), against clause 10,-for "transfer to" ~ "transfer of" 3 page (1), against clause 13,-2!n11 "the" 4 page 3, in the marginal heading to clause 4,-after "certain" jilsert "companie·: in" , page 4, in the marginal heading to clause 7,-for "property" ~ ''properties'' 6 page 5, in the marginal heading to c1 a use 13,-om! t "tre ii 7 page 5, line 42,-" tel: "an~ ~ "as" 8 page 6, in t~ marginal heading to clause 17,-lqr "provisions " na4 ''provision'' agrahayana 28, 1 99 (saka) 1'he public sector iron and steel companies (restruc- 1 , ~g),~ ,misc;ellaneous ~rovisions bill, 1977 " , (, arrangement of clauses chapter i pllji:llminary clavsib1 short title and commencement 2 definitions 3 "undertakidi,'~-li?-ean~g of chapter ii dissoll1tion, transfer and vesting oj: undertakings of certain coidalidii" dissolution, transfer and vesting of un~ertakings of certain companill in integral company 5 transfer and vesting of kiriburu iron ore mine, etc, in' intearal company 6 transfer and vesting of refractory plant, etc, in bharat reiirctories limited 7 transfer of immovable property of hindustan steel limited to metauul"~cal tnd 'enitneering consultants (india) limited'· chapter iii transfer of shares8 transfer of shares held by bokaro steel limited to central govem ment ii transfer of ahares held by integral c'ompany to centra:: govern· ment 10 transfler to shares held by integral company to bhrat refractori- limited 11 transfer of shares held by central government to integral company 12 central government, etc, deemed to be registered ir the regilter of members of companies 13 power of central government to modify the amount of paid-up ahare capital of integral company, etc, and issue of abarei chapi'er iv14 provisions relating to oftlcers and other employees of disiolved eompani4a 15 provisions relating to officers and employees of trdierftc:j unit 18 provisions rela~g to direc~ 1'1 provision relating to auditors 18 compensation for tra~eraat~ble u~ provident fund 20 gratuity welfare and other funds chapter v financial paovisjons21 provisions with respect to income-tax and iurtax 22 taxes, fees and other char, not payable chapter vi ,~sa~ • f ,~~, e~ 24 saving of legal proceedings 15 power to remove dtftlcu1ttes 2s act to override the provisions 01 other lawi 27 p4':"" ~ ,ql8ild ,~r~\,ffil~~~ • !o' ¥lqqm!4 the first schedule the sbcond schedtne bill - ~ i_ t"8it1-ucnri,, 0/ the iron and iwfi egm""'''' the public _ector ;0 cj8 &0 ~ bette!' m&m~ ~- ", ~ in their working and for matters connected therew'£th m' iftcidertal ~;' bs it ~ted - by parliament in tae twenty-e1fhth' y_r of the republic of india as follows:- chapter ijllmpfttnrlll'l' j 1 (2)-1'111 aft lllar _~ till" pubue _tor ii'in' aild steel companies (restructurilqj) -and'~ pro"",'· act, 1"': crt' it siudl ~ ijltg ~ on' web d'_ as' tlur central government -"i by jibtfff~tldti tn'the olwferal gazette; appoint: i (j) in· w act" uiil_ te oonwxt' otbentiie reqa,iiw~-~ 1(; (,' "~ day'" mean tle' date' on \\'btcb thia act comes into force; (b) ·'toriipahies act'" means the compania act, 1; i filled8 (c) "corresponding unit" , in relation to,-<i) tbe'lntefal company, me tliat liilit of the ~ is' ccdpqy' which co~ to the uait of the diiiol~~­:"17 w , uae- u'auferrw' compajlr iii whieb tht' ecmeeraeci ~ or other employee was holding oftice bejlore the tranjfer of till· said unit; (ii) a transferee company, means that unit of a transferee company which corresponds to the unit of the dissolved company in which the concerned ofticet or other employee was holding s office, before the transfer of the said unit; (d) "dissolved company" means a company specified in the first schedule; (e) "integral company" mean's the steel authority of india limited, a company formed and registered under the companies 10 act having its registered office at new delhi; (f) "transferee company" means the company to which the undertakings of a dissolved company or o~ a transferred unit, u the cue may be, stand transferred by virtue of the provisions of this act: (g) "transferred company" means,-(i) metallurgical and engineering consultants (india) limited, a company formed and registered under the compania act having its registered office at ranchi in the state of biharj (ti) national mineral development corporation limited, - company formed and registered under the companies act having ao ita relistered oftlce at hyderabad in the state of andhra pradesh; (iii) hindustan steelworks construction limited a company formed and registered under the companies act having its regis tered oftlce at calcutta in the state of west bengal; (tv) bharat !te!ractories· limited, a company formed and 2$ registered under the companies act having its registered oftlce at bokaro steel city in the state 011 bihar; or (v) india firebricks and insulation company limiteej, : com· pany formed and registered under the companies act having ita registered office at bombay in the state of maharashtri; 30 (h) "transfelted unit" means,-:-(i) kiriburu iron ore mines, a unit of the national mineral development corporation limited; (u) meghabatuburu iron ore project, a unit of the ·natlonal mineral development corporation limited; 35 (iii) ramgarh refracwry plant; a unit of the hlnclustan steel limited (situated near ramgarh in the state of bihar); , (tv) refractory project, a unit of the hindustan steel limit· ed (situated at bhtlaf in the state of madhya pradesh); or' (v) sillimanite mines, a unit of the htadustan steel limited 40 (situated in the state of meghalaya)" (2) words and expressions used herein and not defined but deftned in the companies act bave the meanings respectively assigned to them in that act s for the purposes 01 this act, the undertaking of a dissolved com· 45 pljiyor of a transferred unit shall be deemed to include all assets, rights, leaseholds (including mining leases, if any), :industrial or other ucences, powers, authorities and privileges and all ~ property movable 6hd fmmov able, including lands buildings, works, mines, workshops, projects, smelters, stores, instruments, machinery, automobiles and other vehicles, cash or bank balances, cash in hand, investments and book debts and all other rights and interests in, or arising out of, such property as were immedi-~ ately before the appointed day in the ownership, possession, power or control of the dissolved company or the transferred unit, as the case may be (whether within or without india), and all books ofi account, registers, maps, drawings, records of survey and all other documents of whatever nature relating thereto, and shall also be deemed to include all borrow-10 inga, liabilities and obligations of whatever kind of the dissolved company or the transferred unit explanaticm-reference in this section to an undertaking of a transferred unit shall be deemed to be a reference to the undertaking of the company of which that f()rms a unit as is relatable to it as if it were a isleparate company chapter ii dissolution, transfer and vesting ()iji' undertakings of certain companji!'s, on the appointed day, the companies specified in the first schedule bhall stand dissolved and subject to the provisions of sections 6 and '7, all jotbe undertakings of such companies shall stand transferred to, and vest in, the integral company dillolunon traufer anel vttn, of unclertak· too of eertaln 5 on the appointed day, the undertakings of the following transferred units shall stand transferred to, and vest in, the integral company, namely:-25 (4) kiriburu iron ore mines, a unit of the national mineral" development corporation limited, and int8l!'al compajl7 traaifer and veatm of kiriburu iron ore min te in inte,-ralcompan), (b) meghahatuburu iron ore project a unit of the national mineral development corporation limited i (1) on the appointed day, the undertakings of the following trans-30ferred units shall stand transferred to, and vest in, the bharat refrilctories limited, namely:-(4) ramgarh refractory plant of the hindustan steel limited (situated near ramgarh in the state of bihar), tridlfer add vmtjd' of refractoj7pluat, etc, in the bbarat hefrae tori ltmltecl (b) sillimanite mines o~ the hindustan steel limited (situated 3' in the state of meghalaya), and (e) refractory project of the hindustan steel limited (situated at bhtlai in the state of madhya pradesh) (2) notwithstanding anything contained in the companies act, as from the appointed day, the registered office of the bharat refractories ~limited shall stand transferred from bokaro steel city in the state o' bihar to bhilai in the state of madhya pradesh 7 on the appointed day, the right, title and interest oj the h1,nd~ steel limited in the immovable properties owned by it in ranchi diatriot of the state of bihar, togather with liabilities and obligation in ~ thereto shall stand transferred to, and vest in, the metallurgical 'ijui engineering consultants (india) limited 5 chapter iii'fl'ans!cl' of immovable property of hlndustan steel limited, to metallul'gical and engineering consultants (india) limited, transfer 0 sharis8 on the appointed day, all the shares held by the bakaro steel ltmted in the share capital of the bharat refractories limited shall ~ transferred to, and vest in, the central government 10 transfer of shares held by bokaro steel limited to central'gov-cl'nment, 9, on the appointed day, all the shares held by the integral cctftirey': in the share capital of each of the companies specified in the ~orift schedule shall stand transferred to, and vest in, the central government transfer of shares held by' , integral company to central government 10 on the appointed day, all the shares held by the integral company in the share capital of the india firebricks and insulation company is limited (a company fanned and registered under the compaldel mt having its registered office at bombay in the state o£ maharashtra) -u stand transferred to, and vest in, the bharat refractories limited transfer of shar held by integral company to dharat refractories limited 11 on the appointed day, all the shares held by the cdntral avernment in the shar·e capital of the indian iron and steel company limited 20 (a company under the companies act having its reg1jtered· qftlae at calcutta in the state of west bengal) shall stand transferred to, and wit in, the integral company transfer of shares held by central govem-' ment to intetrll company-central govel'll-12 the central government, the bharatrefraetorie ltm1ted ·or the integral company, as the case ~ay be, shall b~ deeme~, as from the 25 appointed day, to have been regtstered in the regtster of members of the companies concerned as the holder of each share which· stan tnin8ierred to, and vested'in each of them by virtue of the provisions of aections 8, 9, 10 or 11, as the case may be men~etc • deemed to 'be registered in the register of members ot companies power of central u (j) the cen~ government may,' from time to time, by orcler jlllblilbedm the oftlcial gazette, specify the amount by which the paid~ 19·share capital of the integral company, the bharat refractories limited, the metallul'gical and engineering consultants (india) limited, and s the national mineral development corporation limited shall stand rediiiaed or increued 81 a relult of transfer of shaa:es, undertaking or im-iiiovab1e properties, as the case may be, under the provisions of this act (2) in specifying the amount under sub-section (1), the central g9vernnumt shall have regard to the following factors, namely:~ 10 govern~ ment to modify the amount of paidup share capital of integral company, etc, and issue of shares (i) the book value of shares referred to in sections 8, 9, 10 or 11, as the case may be, of the concernerl company, on the appninted day, (ii) the net value of the undertakings of the dissolvjd company and transferred unit, as on the appcinted day, and is (iii) the book value of the immovable properties owned by :lle hindustan steel limited referred to in section 7 as on the appoinw day, as are transferred to or from the companies referred to in sub-section (1) (') bvery order made under sub-section (1) shall be made withbl a :ao period of one year from the appointed day and any such order may take effect prospectively or retrospectively, but not with effect from a date euu tun the appointed day (4) any ortler made by the central government under this section ~ ,iilcl~de a direction for the issue or cancellation of appropriate numas ber of ~res eo as to give effect to the provisions of this act chapter iv ' provisions relating to owicers and employeisproviions relatln, ' to oflt cers and other employees pf dij- solvc~d , ('emptlnies 14 (1) every oftlcer (not being a director) or other employee holding om- immediately before the appointed day in a dissolved company in 30 i'~on to any undertaking of such company, other than an qflicer or other employee holding such office in relation to transferred units referred to in section 6, shall, as from the appointed day, continue to hold qflicle such in the corresponding unit of the integral company by the ~:~w'e and upon the same terms and conditions of service and with 35 tim lune riipti and privileges as to retirement benefit 8$ would have '-ible to him if the company in which he was holding oftlce w not been diuolved and shall continue to do 10 unless and until such taure and terma and c:ont\itions are duly altered by the integral com~ pally· 40 (a) notwithatandidg anything contained in sub--section (1) lule5 ~_to the conditions of service and standing orders applicable to the officers or other employees referred to in sub-section (1), an imme-diately before the appointed day, shall continue to apply unless and until they ate duly altered by the integral company or other authority, 88 the , maybe proviaiou relatinl to ofbcera and emplo)'eel of tralllfer, red units 15 (1) every officer or other employee holding ofrce imri1ediately before the appointed day in the transferred unit shall, as 1\rom the appointed day, continue to be an officer or other employee of the cgrrelponding unit of the transferee company by the same tenure and upon the same terms and conditions of service and with the same rights and 5 pl'ivileges as to retirement benefits as would have been,-admissible to him if the trbbsferred unit in which he was holding oftlce hart not been trlldlferred and shall continue to do sd unless and until such tenure and terms and conditions are duly altered by the transferee company (z) notwithstanding anything contained in sub-section (1), rules 10 relating to the conditions of service and standing orders applicable to the ·officers or other employees referrerl to in sub-section (1), as immediately before the appointed day, shall continue to apply unless and until they are duly altered by the transferee company or other authority, 8s the case may be 15 16 (1) every person holding office as a director of a dissolved company immediately before the appc/inted c\ay shall, on that day, cease to hold office as such director provisions relatinc to dlrec ton (z) every person, being a di·rector in whole-time employment of a r\issolved company, immediately before the appointed day, shall continue 20 to be an employee of the corresponding unit of the integral company with such designation and cn such terms and conditions as may be determined by the integral company provi-ilona re-jaunt to auditors n evel-y person appointed under s~ction 619 of the companiea act as an auditor of a dissolved company or of a transferred unit, holding as office immediately before the appointed day, may continue to hold o1bce as such auditor in the corresponding unit of the inte'gral company or of any other transferee company, as the case may be, for the duration for which he was so appointed on the same terms and conditions as were applicable to him immediately before the appointed day 30 compensation for transfer not pay abm 18 notwithstanding anything contained in the industlrial disputes act, 1947, or in any other law for the time being in foroe, the transfer of l'of im'i services of any officer or other employee shall not entitle such oftlcer or other employee to any compensation under that act or under any other law for the time being in force and no claim for such compensation shall 35 be entertained by any' court, tribunal or other authority provident lund 1 • where a provir\ent fund has been established by a dissolved company or any other company in respect of a transferred unit for the beneftt of the employees and the same stands vested in a trust, the ~oneyll add other assets standing to the credit of each provident fund shall continue 40 to be held in trust with the same objects as were applicable before the appointed day and the trustees of such trusts immediately before the appointe4 day shall, subject to the provisions of the trust r\eeds and the rules relating to such t·rusts, continue to function as trustees in resp€ct of such provident fund of the corresponding unit of the integral company 45 or of other transferee company, as the case may be, as if this act had not been passed: provided that the right to nominate trustees and other right i'elatma to the truta vested in the dislolver\ company or other company in retpec!t· of the transferred unit, as the case may be, shall vest in the intel1'al company or other transferee company, as the case may be gratuity welfare and other funds 210 where any gratuity, welfare or other fund has been established by a dissolved company or any other company in respect of a trana1erred s udit for the bene1it of lts employees and is in existence immediately before the appointed day, all moneys and other assets standing to the credit of or relatable to such gratuity, welfare or other fund shall vest in the corresponding unit of the integral company or other transferee company, as the case may be 10 chapter v provisions with respect to incometax and to/lrtax l!'lnuiclal paovisions n (1) the integral company shail be liable to pay any sum under the provisions of the income-tax act or the companies (protits) surtax act which any c\issolved company would have been liable to pay if the is dissolution had not taken place, in the like manner and to the same extent as the dissolved company (2) for the purpose of making an assessment of the income or, be the case may be, the chargeable profits of any dissolved company and for the purpose of levymg any sum in accordance with the provisions of sub-20 section (1),-(a) any proceecung taken against any dissolved company before the appointed day shall be deemed to have been taken against the integral company and may be continued against the integral company from the stage at which it stood immediately before the 2s appcdnted day; (b) ally proceeding which could have been taken against any dissolved company if the dissolution hact not taken place, may be taken against the integral company; and (c) all the provisions of the income-tax act or, as the case may 30 be, the companies (profits) surtax act shall apply accordingl), (3) the assessment of the income or, as the case may be, the chargeable profits of the previous yeu of any dissolved company in which the diasolution took place up to the appointed day shall be made as if such dissolution had not taken place, and all the provisions of the income-3s tax act and the companies (profits) surtax act shall, so far as may be, applyaccorcungly __ l (4) the transfer to, and vesting in, the undertaking of any dissolved company in the integral company under the provisions of this act shall be deemed to be an amalgamation in relation to such companies 40 and the provisions of the income-tax act shall, so fm as may be, apply accordingly as if references in the said act to the amalgamating company and the amalgamated company were references to the dissolved' company and the integral company respectively (5) where any capital asset forming part of any unciertaking belong-4s ing to the transfen-ed unit or, as the case may be, the hindustan steel limited is, in pursuance of section 5 or section 6 or section 7, transferred to, and vests 'in, the integral company or the bharat refractories limited or, as the case may be, the metallurgical and engineering consultants (india) limited, such capital asset shall be deemed to have 50 -been transferred in a scheme of amalgamation and the provisions of the income-tax act shall, so far as may be, apply according~y as if refer~ :ift tbesaid a'ct to the amalgamating company were references to the transferred ubit or, as the case may be, the hindustan steel limited and the nferencea to tiae amalgamateci company, being an indian company, were references to the lntegtal company qr the ~arat refractoriu 5 limited or, as the case may be, the metallurgical and edgineerid& cqilsuitants (india) limited (6) the accumulated loss and the unabsoil'ibed depreciation, if ai1y:l of any dissolved company shall be deemed to be the loss or, as the case may be, allowance for depreciation of the integral company for the 10 previous year in which the unclertaking of the dissolved company vested in the integral company, and the provisions of the income-tax act relating to set oft and carry forward of loss and allowance foil' d~pr~ation shall apply accordingly (7) th provisions of sub-sections (1) to (6) shall have effect notwith- is standing anything to the contrary contained in the income-tax act or the companies (profits) surtax act expl4nation-for the purposes of this section,-(4) ''income-tax act" means the income-tax act, 1961; 43 of 1961 (b) "companies (profits) surtax act" means the companies 20 (profita) surtax act, 19m; '1 of 1964 (c) words and expressions used in this sectiqn and not cie&led in this act but definecl in the income-tax act or ule coippfm1es (protits) surtax act shall have the meanings respectively~ed to them in the said acts z2 for the removal of doubts, it is hereby declared that no taxes, duties, fees or other chhges of whatever nature (including legistration charges), shall be payable in respect of any transfer of shares or u-ansfer of any undertakings or transfer of luly ililulovable pro~yuuder the provisions of this act taxes, fees and other charges not payable chapter vi ~u8saving of contracts, etc, 23 (1) all contracts, deeds, bonds, agreements anel other instrume}),ts of whatever nature to which the dissolvecl company is a party subsisting or having effect immediately before the appointed day, shall, as from 35 that day, be· of full force and effect against, or in favour of the integral company or other transferee company, as the case may tie, and may be enforced as f,ullyand effectually as if, instead of the dissolved company, the integral company 01' other transferee company had been a party thereto 40 (2) all co~tracts, deeds, bonc\s, agreements and ot~r instr~nts 9f whatever nature to which the company in respect of a trans(erred unit is a p8li'ty if and in so far as it relates to matters pertainil)g to qle u,nc:\ertaldd8s of the transferred unit, subsisting or having effect imme~:ua~dy before the appointed day, shall, as from that day, be of tuuf~e an4 45 effect against, or in favour of the integral company or other ~s~ee company, as the case may be, and may be enforced as fully and effectually as if, mstead of 8ucb company, the integnl company or ott tralefilree company bact been 8 party thereto "vingoi legal proceedings m if, od the appointed day, there is pending any suit, arbitration, 5 appeal or other legal proceeding of whatever nature by or against a diss01ved company, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer under the provisions of this ~d to the 'integral company or any other tral1sferee company, as tire case may be, of the undertakings of the dissolved company or of 1 anything contained in this act, hut the suit, arbitration, appeal or other prqceeding may be continued, prosecuted and enfoned by or against the integral company or other transferee company, as the case may be, bl the same manner and to the same extent as it would or might have been continued, prosecuted and enforced by or against the dissolved company 1 s if this act liad not been passed 15 if any difficulty arises in ~ivin'! effect to the provisions of this act, the central government mav, by ordet' published in the official gllzetae, make such provisions not inconsistent 'with the provisions f1f thts act, as appears to it t-o be neeessaty, for the removal ()f the diftleulty: power to remove difflculties 20 provtdetf that no such order shall be made after the expiry of a !period of three years ~om tlie appointed day | act ||----------|| override || the pro- || visions || of other || laws |• the provisions' of this act or of any oraer made there1dlder ehall liave effect notwithstanding anvthin~ contained in the companies act or in any other law for the time -bein(t in force (lr in any contract, express 25 or 'implied, or fn any rules or regulations having effect by virtue of 8i1y law other than this act 2'1 (1\ for the putflnse "f m'7in~ pffect to the proviaions (if thfs act, the central govf'~rnment mllv, h" notification in the omclal gazette, make ·such amendment!'! ;n th!'! memoranrjum or articles of association, or 30 bot~, of the tnte'~al comp'lny 0" other trnnsferee company power to amend memo· randum and rtlcletr of assocla~ tion, (2) any amendments in the memorandum or articles of association of the lntel!ral companv or othel" transfpree company made in pursuance of sub-section (1) shan hrve pff~t mtwithstan"'ng anything contained ~n the companies act the first schedule3s [see sections 2 (d) and 4j ~ bhilai lspat limited, a companv formed and registered under the companies act havin~ its re~fsterpd office at bhilai in the state of madhya pradesh, -40 2 bokaro steel limited a comnlmv fn"med and il"ellistered under the companfer act hwing its "e'mstel'ed offici> at bohrn steel citv in the state of bfhar, , uul'i1rnul' mlli!hrll tsnnt v,"ttp~ a ""mnan', fc"rmm and re~stered under the comnanieq al't hrvin~ its :rpf7i"~"red offil"e at dwrj!apur in the 4' shte of west bed/~al 4 hindustan steel limited, a company formed and registered udder the companies act having its registered office at ranch! in the state of bihaj 5 rourkela ispat limited, a company formed and registered under 5 the companies act having its !registered office at rourkela in the state of orissa 6 sail international limiterl, a company formed and registered under the companies act having its registered office at calcutta in the state of west bengal 10 7 salem steel limited, a company formed and registered under the companies act having its registered office at salem in the state of tamu nadu the second schedule(see section 9) is 1 metallurgical and engineering consultants (india) limited, a company formed and registered unr\er the companies act having its registered office at ranchi in the state of bihar 2 hindustan steelworks construction limited, a company formed and registered under the companies act having its registered office at 20 calcutta in the state of west bengal 3 national mineral development corporation limited, a company formed and registered unrler the companies act having its registered office at hyderabad in the state of andhra pradesh 4 manganese ore (india) limited, a company formed and registered under the companies act havin'g its registered office at nagpur in the 2s state of maharashtra 5 mandovi pellets limiterl, a company formed and registered under the companies act having its registered office at mormugao harbour in the union territory of goa, daman and dill btatement of objects and reasonsthere ate at present six integrated steel plants in the countlry 1ii:lth a total installed capacity of 106 million toddes of ingot steel of these, five steel plants with an aggregate capacity of 86 million tonnes ate in the public sector the plants at bhuai, durgapur and rourkela are owned and managed by hindustan steel limited and the plant at bokaro by bokaro steel limited, both the companies being wholly-owned subsidiaries of steel authority of inttia limited the ftfth plant at bumpur is under the indian iron and steel company limited whose majority shares were acquired by government in july, 1976 bhilai and bokaro steel plants are befn'g expanded and this will raise the total steel production capacity in the public sector to 124 million tonnes steel authority of india limited also has a number of other subsidiaries concerned with activities allied to steel production such as 'provision of consultancy, design and engineerin'g services for ferrous and ilon-ferroul enterprises, heavy construction/erection '\york connectec1 with steel and other sectors, development and operation of major mechanised iron ore mines to meet the demands for export and from steel plants, etc 2 it is essential for proper development of the steel industry that public sector steel plants achieve maximum production and are managetl with the greatest efficiency for this purpose, it would be advisable to bring these plants under the overall control of an integral company which should function, to the maximum extent possible, as an integrated steel complex and all activities which are not dill'ectly related to steel production are kept outside its purview havin~ regard to the present nature of these activities and potentialities for the future, it would also be greatly atlvantageous if the units/companies concerned therewith function directly under government accordingly the present set-up fs being reorganised broadly as under:-or hindustan steel limited, bokaro steel limited, salem steel limited, sail international limited, bhilai ispat limited, rourkela ispat limited ann dur(1anur mishra isnat lfm1ted, whollvowned subsidiarier of steel authority of india limited (,c:;atl), will lie merged in sail and will function as units of sail (if)' the shal1'es presently held bv government in indian iron and steel company limited will be transferred to sail and it will become a subsldiary of sail (hi) metallurl!ical and enl!ineerin(1 consultants (india\ limited hindubtan steplworks construction lfmued and national mineral development c"rnoration limited, whollv-owned !'iubsjdiaries of sail will hpcom~ independent rnmnanip!'i nnttpr the dfrpct administrative control of denartment of steel, 'kfrlhuru and mermahatulmru iron ores 'minelli of national mlner,,1 newlnnmpnt ~ornoratfon limited will he tr8n!llferte~ to ~ai[t to sp!'v" ilq clintivp units of ~okal'o steel plant " ' n , (tv) bharat refractories limited, a wholly-owned sub&alary of bokaro steel limited will become an: independent company directly unr\er the ~edt 91 steel and 'oltler r'~clory units will also come unde1' it 8 restructu:ridg as aforesaid is uddertabn to secure bettjei' management of, and greater dcleney in, the wor'king ofptlblic sector steel plants the fetmi and conditions appltcdle to b employees oum rem81ft unaltered 4 'tite 'bill seeks to achieve the above objects bw patnaik new nam; the 14thlyeeefhb'flt, 1977 a billto provine for restructuring of the iron and steel companies in the public sector so as to secure better management and greater efficiency in t:heir working and for matters connected therewith or incidental thereto (shri bi;u patmik, minister of steel and mines)

Parliament_bills

fec26dee-33b2-505f-9bcc-e6e1e39bb50b

the blectricity (supply) amendment bill, 1962(as introducbd in loj: sabra on 3id sip'ombbi, 1963) r~ '\ruamenl lllsttalu no ~ --~&tf\ •• ~j:l1;_€~;; (as introduced in lok sabha) a billfurther to amend the electricity (supply) act, 1948 be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 this act may be called the electricity (supply) amendment shon tide act, 1~62 i 5 2 after section 20 of the electricity (supply) act, 1948, the insertion)f following section shall be inserted namely:-new lection 10 , 2oa "20a without prejudice to the generality of the power of pow~r to the board to acquire eny property, the board may acquire from ;:~i': • the state government on lease any project relating to the gene- etc, on ration of electricity and all transmission lines and other works lease connected with such project on such terms and conditions, including terms and conditions relating to the operation and maintenance of the project, as may be agreed upon between the state government and the board statement of objects and reasonsthe koyna hydro-electric project in the state of maharashtra is being financed by a loan from the international bank for reconstruction and development although the project is being executed by the state government of mlbhall'ashtra departmentally, the intention was to transfer it to the state electricity board on completion pursuant to the loan agreement with the international bank 2 the loan agreement with the international bank provides tbat the rates for the sale of electricity generated by the project would be fixed at such level as would ensure that the earnings from the operati~n of the project would after providing for all operating expenses, including taxes, 'adequate depreciation, mterest and repayment of all loans and advances, ahow for a reasonable contribution towards the cost of expansion of power facilities of the electricity board an out and out transfer of the project to the board would involve tr'msfer to the board of the liability of the state government regarding the payment of interest and principal of the loan the electricity (supply) act, 1948, does not permit such payment from the revenues of the board and hence such payment cannot be taken :inito account in the fixation of the rates of supply an outright transfer of the project to the board would, therefore, stand in the way of compliance with the stipulations in the loan agreement with the bank it is proposed to overcome the difficulty by empowering the board to acquire the project on laue having regard to the scheme of the act, however, doubt, have been expressed 81 to the power of the board to operate any project on lease an express provision is, therefore, considered necessary in this respect hence this bill ' hafiz mohd mrahim new daiu; : the 25th augur 1962 a bill further to amend the electricity (supply) act, 1948 (hafiz mohammad ibrahim, minister of irrigation and power)

Parliament_bills

d8a8d57a-fa58-5458-adb4-bbdad0814c0f

bill no 93-c of 2006 the national waterway (kakinada-puducherry stretch of canals and the kaluvelly tank, bhadrachalam- rajahmundry stretch of river godavari and wazirabad-vijayawada stretch of river krishna) bill, 2008 a billto provide for the declaration of the kakinada-puducherry stretch of canals comprising of kakinada canal, eluru canal, commamur canal, buckingham canal and the kaluvelly tank, bhadrachalam-rajahmundry stretch of river godavari and wazirabad- vijayawada stretch of river krishna in the states of andhra pradesh and tamil nadu and the union territory of puducherry to be a national waterway and also to provide for the regulation and development of the said stretch of the rivers and the canals for the purpose of shipping and navigation on the said waterway and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-ninth 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, appoint2 the kakinada-puducherry stretch of canals comprising of kakinada canal, eluru canal, commamur canal, buckingham canal and the kaluvelly tank, bhadrachalam- rajahmundry stretch of river godavari and wazirabad-vijayawada stretch of river krishna, the limits of which are specified in the schedule, is hereby declared to be a national waterwaydeclaration of certain stretches of rivers and canals as national waterway3 it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation and development of kakinada-puducherry stretch of canal comprising of kakinada canal, eluru canal, commamur canal, buckingham canal and kaluvelly tank, bhadrachalam-rajahmundry stretch of river godavari and wazirabad- vijayawada stretch of river krishna for the purposes of shipping and navigation on the national waterway to the extent provided in the inland waterways authority of india act,198582 of 1985declaration as to expediency of control by the union of certain stretches of rivers and canals as national waterway the schedule (see section 2) limits of the national waterway (kakinada-puducherry stretch of canals and kaluvelly tank, bhadrachalam-rajahmundry stretch of river godavari and wazirabad-vijayawada stretch of river krishna)kakinada-puducherry canal (canal system consisting of kakinada canal, eluru canal, commamur canal and north buckingham canal, portion of the coovum river linking north and south buckingham canals, south buckingham canal and kaluvelly tank)| northern limit | a line drawn across the kakinada canal parallel to the jagannadhapuram ||-------------------------------------------------------------------------------|--------------------------------------------------------------------------|| road bridge, kakinada at a distance of 500 metres down stream at lat 16 | || ° | || 56 | || ' 24" n, lon 82 | || ° | || 14' 20" e | || southern limit | junction of east coast highway and chinnakalawari-kanakachettikulam || road at kanakachettikulam which is the end point of the artificial canal link | || to kaluvelly tank at lat 12 | || ° | || 02' 36" n, lon 79 | || ° | || 52' 12" e | | river godavari| western limit | road bridge at bhadrachalam across river godavari at lat 17 ||-----------------------|------------------------------------------------------------------|| ° | || 40' 39" n, | || lon 80 | || ° | || 52' 52" e | || eastern limit | sir arthur cotton barrage across river godavari at dowlaiswaram, || rajahmundry at lat 16 | || ° | || 56' 05" n, lon 81 | || ° | || 45' 32" e | |river krishna| western limit | road bridge at wazirabad across river krishna at lat 16 ||-----------------|---------------------------------------------------------------|| ° | || 40' 50" n, lon | || 79 | || ° | || 39' 29" e | || eastern limit | prakasam barrage across river krishna at vijayawada at lat 16 || ° | || 30' 18" n, | || lon 80 | || ° | || 36' 23" e | |————— a billto provide for the declaration of the kakinada-puducherry stretch of canals comprising of kakinada canal, eluru canal, commamur canal, buckingham canal and the kaluvelly tank, bhadrachalam-rajahmundry stretch of river godavari and wazirabad-vijayawada stretch of river krishna in the states of andhra pradesh and tamil nadu and the union territory of puducherry to be a national waterway and also to provide for the regulation and development of the said stretch of the rivers and the canals for the purpose of shipping and navigation on the said waterway and for matters connected therewith or incidental thereto—————(as passed by lok sabha)

Parliament_bills

e2e0fb13-67e3-55ab-800a-0515c50caa3f

the indian maritime university bill, 2008———— arrangement of clauses———— clauses1 short title and commencement 2 definitions 3 the university 4 objects of the university 5 powers of the university 6 jurisdiction 7 university open to all classes, castes and creed 8 fund of the university 9 the visitor10 officers of the university 11 the chancellor 12 the vice-chancellor 13 the pro-vice-chancellor 14 deans of schools 15 directors 16 registrars 17 the finance officer 18 other officers 19 authorities of the university 20 the court 21 the executive council 22 the academic council 23 the board of affiliation and recognition 24 the planning board 25 the boards of schools 26 the finance committee 27 other authorities of the university 28 power to make statutes clauses29 statutes how to be made 30 power to make ordinances 31 regulations 32 annual report 33 annual accounts 34 conditions of service of employees 35 tribunal of arbitration 36 procedure of appeal and arbitration in disciplinary cases against students 37 right to appeal 38 provident and pension funds 39 disputes as to constitution of university authorities and bodies 40 constitution of committees 41 filling of casual vacancies 42 proceedings of university authorities or bodies not invalidated by vacancies 43 protection of action taken in good faith 44 mode of proof of university record 45 power to remove difficulties 46 transitional provisions 47 statutes, ordinances and regulations to be published in the official gazette and tobe laid before parliament48 completion of courses of studies in colleges or institutions affiliated to the university 49 transfer of assets and options of the employees 50 role of central government and director-general of shippingthe schedule bill no 29-c of 2007 the indian maritime university bill, 2008 a billto establish and incorporate a teaching and affiliating university at the national level to facilitate and promote maritime studies and research and to achieve excellence in areas of marine science and technology, marine environment and other related fields, and to provide for matters connected therewith or incidental thereto be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the indian maritime university act, 2008short 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, and in all statutes made hereunder, unless the context otherwise requires,—(a) "academic council" means the academic council of the university; (b) "academic staff" means such categories of staff as are designated as academic staff by the ordinances;(c) "board of affiliation and recognition" means board of affiliation and recognition of the university;(d) "board of studies" means the board of studies of the university; (e) "campus" means the unit established or constituted by the university for making arrangements for instruction, research, education and training;44 of 1958(f) "certificate of competency" means a certificate issued by the competent authority under the merchant shipping act, 1958;(g) "chancellor", "vice-chancellor" and "pro-vice-chancellor" mean, respectively, the chancellor, vice-chancellor and pro-chancellor of the university;(h) "college" means a college maintained by or admitted to the privileges of the university for imparting education and training in maritime studies or in its associated disciplines;(i) "court" means the court of the university; (j) "department" means a department of studies; and includes a centre of studies;44 of 1958(k) "director-general" means the director-general of shipping appointed by the government of india under section 7 of the merchant shipping act, 1958;(l) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes, e-learning or the combination of any two or more such means;(m) "employee" means any person appointed by the university and includes teachers and other staff including deputationists of the university;(n) "executive council" means the executive council of the university; (o) "finance committee" means the finance committee of the university; (p) "governing body" in relation to a college or an institution, means the governing body or any other body, by whatever name called, charged with the management of the affairs of such college or institution, as the case may be, and recognised as such by the university;(q) "hall" means a unit of residence for the students of the university, or of a college or an institution, maintained by the university;(r) "institution" means an institution, school, college or centre of studies maintained by or admitted to the privileges of the university for imparting education and training in maritime studies or in its associated disciplines;(s) "notification" means a notification published in the official gazette; (t) "off-shore campus" means an institution, college, centre, school or campus of the university, that could be established outside the country;(u) "planning board" means the planning board of the university;(v) "principal" means the head of a college or an institution;(w) "recognised institution" means an institution admitted to the privileges of the university for imparting education in maritime studies or its associated disciplines;(x) "recognised teachers" means such persons as are recognised by the university for the purpose of imparting instructions in a college or an institution admitted to the privileges of the university;(y) "school" means a school of studies of the university; (z) "statutes", "ordinances" and "regulations" mean, respectively, the statutes, the ordinances and the regulations made under this act;(za) "university" means the indian maritime university established under this act;(zb) "teachers of the university" means professors, associate professors, assistant professors, readers, senior lecturers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university; and3 of 1956(zc) "university grants commission" means the commission established under section 4 of the university grants commission act, 1956the university3 (1) there shall be established a university by the name of indian maritime university(2) the headquarters of the university shall be at chennai with its campuses at mumbai, kolkata, chennai, vishakhapatnam and such other places within its jurisdiction as it may deem fit(3) the first chancellor, the first vice-chancellor, the first members of the court, the executive council, the academic council, the planning board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the university(4) the university shall have perpetual succession and a common seal and shall sue and be sued by the said name(5) the university shall be both, a teaching and an affiliating university 4 the objects of the univesity shall be,—objects of the university(i) to facilitate and promote maritime studies, training, research and extension work with focus on emerging areas of studies like oceanography, maritime history, maritime laws, maritime security, search and rescue, transportation of dangerous cargo, environmental studies and other related fields, and also to achieve excellence in these and connected fields and other matters connected therewith or incidental thereto;(ii) to promote advanced knowledge by providing institutional and research facilities in such branches of learning as it may deem fit and to make provisions for integrated courses in science and other key and frontier areas of technology and allied disciplines in the educational programmes of the university;(iii) to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and research; and to pay special attention to the promotion of educational and economic interests and welfare of the people of india;(iv) to promote freedom, secularism, equality and social justice as enshrined in the constitution of india and to act as catalyst in socio-economic transformation by promoting basic attitudes and values of essence to national development; and(v) to extend the benefits of knowledge and skills for development of individuals and society by associating the university closely with local, regional and national issues of development5 the university shall have the following powers, namely:—powers of the university(i) to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge;(ii) to make provision for recognised institutions to undertake special studies; (iii) to establish and maintain campuses, colleges, institutions, departments, laboratories, libraries, museums, centres of research, training and specialised studies;(iv) to establish and maintain hostels, health centres and other related facilities like auditoria, playgrounds, gymnasiums, swimming pools, training ships;(v) to provide for establishment of campuses for serving a group of recognised colleges and to provide for and maintain common resource centres in such campuses in the form of libraries, laboratories, computer centres and the like centres of learning;(vi) to grant, subject to such conditions as the university may determine, diplomas for certificates other than certificates of competencies of sea-farers, which shall continue to be issued by director-general of shipping, government of india till the central government otherwise desides, and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;(vii) to confer honorary degrees or other distinctions in the manner prescribed by the statutes;(viii) to organise and to undertake extra-mural studies, training and extension services;(ix) to institute directorships, principalships, professorships, associate professorships, assistant professorships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, associate professorships, assistant professorships or academic positions;(x) to provide for the terms and conditions of service of—(i) directors, principals and teachers and other members of the academic staff appointed by the university;(ii) teachers and other members of the academic staff appointed by any college or institution; and(iii) any other employee of recognised college or institution, whether appointed by the university or such college or institution; (xi) to appoint persons working in any other university or organisation as teachers of the university for a specified period;(xii) to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition;(xiii) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;(xiv) to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university;(xv) to create teaching, non-teaching, administrative, ministerial and other posts in the university and to make appointments thereto;(xvi) to co-operate or collaborate or associate with any other university or authority or institution of higher learning within india or abroad, in such manner and for such purposes as the univesity may determine;(xvii) to approve appointment of persons for imparting instructions in any institution admitted to the privileges of the university and to withdraw such approval;(xviii) to inspect recognised institutions through suitable machinery established for the purpose, and to take measures to ensure that proper standards of instruction, teaching and training are maintained by them, and adequate library, laboratory, hospital, workshop and other academic facilities are provided for;(xix) to prescribe fees and other charges to be levied on the students of selffinancing colleges and institutions;(xx) to coordinate the work of different colleges and institutions working in the same and similar areas;(xxi) to set up central facilities like computer centre, training centre, instrumentation centre, library, simulators;(xxii) to set up curriculum development centres for different subjects; (xxiii) to admit to its privileges colleges and institutions, not maintained by the university, and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes;(xxiv) to recognise guide, supervise and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition;(xxv) to make provision for research and advisory services and for that purpose, to enter into such arrangements with other institutions or bodies as the university may deem necessary;(xxvi) to prescribe fees for recognising of colleges and institutions; (xxvii) to determine standards of admission to the university which may include examination, evaluation or any other method of testing;(xxviii) to institute and award fellowships, scholarships, studentships, assistantships medals and prizes;(xxix) to demand and receive payment of fees and other charges; (xxx) to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare;(xxxi) to make such special arrangements in respect of women students as the university may consider desirable;(xxxii) to regulate the conduct of the students of the university and of colleges and institutions;(xxxiii) to control and regulate admission of students for various courses of study in departments, recognised institutions, schools and centres of studies;(xxxiv) to regulate the work and conduct of the employees of the university and of the employees of the colleges and institutions;(xxxv) to regulate and enforce discipline among the employees and students of the university and to take such disciplinary measures in this regard as may be deemed necessary;(xxxvi) to prescribe code of conduct for managements of recognised colleges and institutions;(xxxvii) to make arrangements for promoting the health and general welfare of the employees of the university and those of colleges and institutions;(xxxviii) to receive benefactions, donations and gifts from persons and to name after them such chairs, institutions, buildings and the like, the university may determine, whose gift or donation to the university is worth such amount as the university may decide;(xxxix) to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university;(xl) to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university;(xli) to assess needs of the students in terms of subjects, fields of specialisation, levels of education and training of technical manpower, both on short and long term basis, and to initiate necessary programmes to meet these needs;(xlii) to initiate measures to enlist the co-operation of the industry to provide complementary facilities;(xliii) to provide for instruction through "distance learning" and "open approach" and for mobility of students from the non-formal open learning stream to the formal stream and vice versa;(xliv) to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objective;(xlv) to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes;(xlvi) to arrange for the training to upgrade maritime standard of the employees of the industry and institutes and to levy fees for such training as prescribed by the statutes;(xlvii) to establish off-shore campus at any place outside the country as and when it is considered necessary for advancing the aims and objectives of the university; and(xlviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objectsjurisdiction6 the jurisdiction of the university shall extend to the whole of indiauniversity open to all classes, castes and creed7 the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof :provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or promotion of educational interests of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the schedueld tribes8 (1) there shall be a university fund which shall include—fund of the university(a) any contribution or grant made by the central government or an instrumentality of the central government;(b) any contribution or grant made by the state governments; (c) any contribution from the shipping companies, offshore constructioncompanies and diving companies;(d) any bequests, donations, endowments or other grants made by any privateindividual or institution;(e) income received by the university from fees and charges; and(f) amounts received from any other source(2) the said fund shall be utilised for such purposes of the university and in such manner as may be prescribed by the statutes and the ordinancesthe visitor9 (1) the president of india shall be the visitor of the university (2) the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions managed by it, and to submit a report thereon; and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon through the vice-chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions(3) the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, libraries, laboratories and equipment, and of any college, institution or campus maintained by the university or admitted to its privileges; and also of the examinations, instruction and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions(4) the visitor shall, in every matter referred to in sub-section (3), give notice to the university of his intention to cause an inspection or inquiry to be made,—(a) to the university, if such inspection or inquiry is to be made in respect of the university or any college or institution maintained by it, or(b) to the management of the college or institution, if the inspection or inquiry is to be made in respect of the college or institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary(5) after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3)(6) where any inspection or inquiry has been caused to be made by the visitor, the university or the management shall be entitled to appoint a representative, who shall have the right to be present in person and be heard at such inspection or inquiry(7) the visitor may, if the inspection or inquiry is made in respect of the university, college or institution maintained by it, address the vice-chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vice-chancellor shall communicate forthwith to the executive council the results of the inspection or inquiry, and the views of the visitor and the advice tendered by him upon the action to be taken thereon(8) the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vice-chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon(9) the executive council or the management, as the case may be, shall communicate, through the vice-chancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry(10) where, the executive council or the management, does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or the management, issue such directions as he may think fit and the executive council shall comply with such directions(11) without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances:provided that before making any such order, the visitor shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same(12) notwithstanding anything contained in the foregoing provisions, the visitor may give any direction to the university after giving an opportunity to the university as the circumstances warrant(13) the visitor shall have such other powers as may be prescribed by the statutes 10 the following shall be the officers of the university:—(1) the chancellor;officers of the university(2) the vice-chancellor; (3) the pro-vice-chancellor; (4) the deans of schools; (5) the directors; (6) the registrars; (7) the finance officer; and (8) such other officers as may be declared by the statutes to be officers of the universitythe chancellor11 (1) the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes(2) the chancellor shall, by virtue of his office, be the head of the university(3) the chancellor shall, if present, preside at the convocations of the university held for conferring degreesthe vice-chancellor12 (1) the vice-chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes(2) the vice-chancellor shall be the principal executive and academic officer of the university, and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university(3) the vice-chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter:provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final:provided further that any person in the service of the university who is aggrieved by the action taken by the vice-chancellor under this sub-section shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vice-chancellor(4) the vice-chancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final(5) the vice-chancellor may cause an inspection to be made by such person or persons as he may direct, of a college or an institution not being maintained by the university, its buildings, libraries, laboratories and equipment, and also examinations, teaching and other work conducted or done by the college or the institution and cause an inquiry, to be made in the like manner, in respect of any matter connected with the administration or finance of the college or the institutions(6) the vice-chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinancesthe pro-vice- chancellor13 the pro-vice-chancellor shall be appointed in such manner, on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesdeans of schools14 every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutesdirectors15 every director shall be appointed in such manner, on such terms and conditions of service, and performs such duties, as may be prescribed by the statutesregistrars16 (1) every registrar shall be appointed in such manner, as may be prescribed by the statutes(2) the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university(3) every registrar shall exercise such powers and perform such duties, as may be prescribed by the statutesthe finance officer17 the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutesother officers18 the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes19 the following shall be the authorities of the university:—(1) the court;authorities of the university(2) the executive council; (3) the academic council; (4) the planning board; (5) the board of affiliation and recognition; (6) the boards of schools; (7) the finance committee; and(8) such other authorities as may be declared by the statutes to be the authorities of the universitythe court20 (1) the constitution of the court and the term of office of its members shall be prescribed by the statutes(2) subject to the provisions of this act, the court shall have the following powers and functions, namely:—(a) to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university;(b) to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts;(c) to advise the visitor in respect of any matter which may be referred to it for advice; and(d) to perform such other functions as may be prescribed by the statutes21 (1) the executive council shall be the principal executive body of the universitythe executive council(2) the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutesthe academic council22 (1) the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, have the control and supervision over, and be responsible for, the maintenance of standards of instruction, education and examination within the university and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it(2) the academic council shall have the right to advise the executive council on all academic matters(3) the constitution of the academic council and the term of office of its members shall be such as may be prescribed by the statutes23 (1) the board of affiliation and recognition shall be responsible for admitting colleges and institutions to the privileges of the universitythe board of affiliation and recognition(2) the constitution of the board of affiliation and recognition, the term of office of its members and its powers and duties shall be such as may be prescribed by the statutes24 (1) the planning board shall be the principal planning body of the universitythe planning board(2) the planning board shall be responsible for monitoring the development of the university(3) the constitution of the planning board, term of office of its members and its powers and functions shall be prescribed by the statutesthe boards of schools25 (1) there shall be such number of boards of schools as the university may determine from time to time(2) the constitution, powers and functions of the boards of schools shall be such as may be prescribed by the statutesthe finance committee26 the constitution, powers and functions of the finance committee shall be prescribed by the statutes27 the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutesother authorities of the university power to make statutes28 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time;(b) the election and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;(c) the manner of appointment of the officers of the university, terms and conditions of service, their powers and duties and emoluments;(d) the manner of appointment of teachers, academic staff and other employees of the university and their emoluments;(e) the manner of appointment of teachers and academic staff working in any other university or organisation for a specific period for undertaking a joint project, their terms and conditions of service and emoluments;(f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action;(g) the principles governing the seniority of service of the employees of the university;(h) the procedure for arbitration in cases of dispute between employees or students and the university;(i) the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university;(j) the conferment of autonomous status on a college or an institution or a department;(k) the establishment and abolition of schools, departments, centres, halls, colleges and institutions;(l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;(n) the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges;(o) the institution of fellowships, scholarships, studentships, assistantship medals and prizes;(p) the delegation of powers vested in the authorities or officers of the university; (q) the maintenance of the discipline among the employees and students; and (r) all other matters which by this act are to be or may be provided for by the statutes 29 (1) the first statutes are those set out in the schedulestatutes how to be made(2) the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1):provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council(3) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for consideration(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 visitor(5) notwithstandng anything contained in the foregoing sub-sections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection (1), during the period of three years immediately after the commencement of this act:provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament(6) notwithsanding anything contained in the foregoing sub-section, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably30 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:—power to make ordinances(a) the admission of students to the university and their enrolment as such;(b) the courses of study to be laid down for all degrees, diplomas and certificates of the university;(c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;(e) the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university;(f) the conditions for award of fellowships, scholarships, studentships, assistantships, medals and prizes;(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;(h) the conditions of residence of the students of the university; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;(j) the appointment and emoluments of employees other than those for whom provision has been made in the statutes;(k) the establishment of centre of studies, board of studies, special centre, specialised laboratories and other committees;(l) the manner of co-operation and collaboration with other universities in india or abroad and authorities including learned bodies or associations;(m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university;(n) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes;(o) the management of colleges and institutions maintained by the university; (p) the supervision and management of colleges and institutions admitted to theprivileges of the university;(q) the setting up of a machinery for redressal of grievances of employees; and(r) all other matters which by this act or the statutes may be provided for by the ordinances (2) the first ordinances shall be made by the vice-chancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutesregulations31 the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances in the manner prescribed by the statutes, for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinancesannual report32 (1) the annual report of the university shall be prepared under the direction of the executive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting(2) the court shall submit the annual report to the visitor along with its comments, if any(3) a copy of the annual report, as prepared under sub-section (1), shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliamentannual accounts33 (1) the annual accounts and balance-sheet of the university shall be prepared under the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditor-generel of india or by such persons as he may authorise in this behalf(2) a copy of the annual accounts together with the audit report thereon shall be submitted to the visitor and the court along with the observations if any, of the executive council(3) any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor(4) a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament(5) the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of indiaconditions of service of employees34 (1) the university shall enter into written contract of service with every employee of the university appointed on regular basis or otherwise and the terms and conditions of the contract shall not be inconsistent with the provisions of this act, the statutes and the ordinances(2) a copy of the contract referred to in sub-section (1) shall be kept with the university and a copy thereof shall also be furnished to the employee concernedtribunal of arbitration35 (1) any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be refereed to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor(2) the decision of the tribunal of arbitration shall be final and binding on the parties26 of 1996(3) every request made by the employee under sub-section (1), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 1996(4) the procedure for regulating the work of the tribunal shall be prescribed by the statutesprocedure of appeal andarbitration in disciplinary cases against students36 (1) any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vice- chancellor and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vice-chancellor or the committee, as the case may be(2) any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of section 35 shall, as far as may be, apply to a reference made under this subsectionright to appeal37 every employee or student of the university or of a college or institution mainatained by the university shall, notwithsanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes to the executive council against the decision of any officer or authority of the university or of the principal of any college or institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed againstprovident and pension funds38 (1) the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes19 of 1925(2) where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 1925 shall apply to such fund, as if it were a government provident fund39 if any questions arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be finaldisputes as to constitution of university authorities and bodies constitution of committees40 where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fitfilling of casual vacancies41 all casual vacancies among the members (other than ex officio members) of anyauthority or other body of the university shall be filled, as soon as may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person of whose place he fills would have been a member42 no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its membersproceedings of university authorities or bodies not invalidated by vacanciesprotection of action taken in good faith43 no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinancesmode of proof of university record1 of 187244 a copy of any receipt, application, notice, order, proceedings, resolution of anyauthority or commtitee of the unviersity, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1872 or in any other law for the time being in forcepower to remove difficulties45 (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 appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of three years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament46 notwithstanding anything contained in this act and the statutes,—transitional provisions(a) the first chancellor and the first vice-chancellor shall be appointed by the visitor and each of the said officers shall hold office for a term of three years;(b) the first registrar and the first finance officer shall be appointed by the visitor on the recommendation of the vice-chancellor and each of the said officers shall hold office for a term of two years;(c) the first court and the first executive council shall consist of not more than fifteen members, who shall be nominated by the visitor and they shall hold office for a term of two years;(d) (i) the first planning board shall consist of not more than fifteen members, who shall be nominated by the visitor out of a panel submitted by the vice-chancellor and they shall hold office for a term of two years; and(ii) the first planning board shall, in addition to the powers and functions conferred on it by this act, exercise the powers of the academic council, unitil the academic council is constituted under the provisions of this act and the statutes, and in the exercise of such powers, the planning board may co-opt such members as it may decide: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred 47 (1) every statute, ordinance or regulation made under this act shall be published in the official gazette(2) every statute, ordinance or regulation made under this act shall be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, statutes, ordinances and regulations to be published in the official gazette and to be laid before parliamentordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation(3) the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicablecompletion of courses of studies in colleges or institutions affiliated to the university48 notwithstanding anything contained in this act, or in the statutes or the ordinances, any student of a college or an institution, who, immediately before the admission of such college or institution to the privileges of the university, was studying for a degree, diploma or certificate of any university constituted under any act, shall be permitted by the university, to complete his course for that degree, diploma or certificate, as the case may be, and the university shall provide for the instructions and examination of such student in accordance with the syllabus of studies of such college or institution or university, as the case may betransfer of assets and options of the employees49 notwithstanding anything contained in this act, or in the statutes or the ordinances, consequent upon merger of the training ship chanakay, mumbai, the marine engineering and research institute, mumbai, the marine engineering and research institute, kolkata, lal bahadur shastri college of advance maritime studies, mumbai, the national maritime academy, chennai, indian institute of port management, kolkata and the national ship design and research centre, visakhapatnam into the indian maritime university, all the assets and employees shall stand transferred to the university and such employees shall have the following option:(i) the employees of the four training institutes under indian institute of maritime studies who shall stand transferred to indian maritime university shall have the option to continue on deemed deputation in indian maritime university on the terms and conditions in force of the central government and also continue to retain or to be allotted government residential accommodation on turn and avail of the central government health scheme facilities till their retirement;(ii) the employees of the national maritime academy, chennai, indian institute of port management, kolkata and the national ship design and research centre, visakhapatnam shall have the option to continue on the terms and conditions of their respective institutes till their retirement; and(iii) all employees shall have the option to join university as per the service conditions of the university 50 (1) the university shall, in discharge of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time(2) the decision of the central government as to whether a question is one of policy or not shall be final the statutes of the universitythe chancellor1 (1) the chancellor shall be appointed by the visitor recommended by the executive council from amongst three persons of eminence in the field of academic, maritime public administration, or public life of the country:provided that if the visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the executive council(2) the chancellor shall hold office for a term of three years and shall be eligible for reappointment:provided that notwithstanding the expiry of his term of office, the chancellor shall continue to hold office until his successor enters upon his officethe vice-chancellor2 (1) the vice-chancellor shall be appointed by the visitor from a panel of not less then three persons having experience in the field of human resource management, maritime, public administration, marine or port administration:provided that if the visitor does not approve of any of the persons included in the panel, he may call for a fresh panel(2) the committee referred to in clause (1), shall consist of three persons, none of whom shall be an employee of the university or the academic council or a member of the court, the executive council, planning board or member of any authority of the university or connected with an institution recognised by or associated with the university and out of the three persons, one shall be nominated by the executive council, one by the court and one by the visitor and the nominee of the visitor shall be the convener of the committee(3) the vice-chancellor shall be a whole-time salaried officer of the university(4) the vice-chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment:provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:provided further that the visitor may direct any vice-chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him(5) the emoluments and other conditions of service of the vice-chancellor shall be as follows:—(i) the vice-chancellor shall be paid a monthly salary and allowances other than the house rent allowance, at the rates fixed by the central government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the vice-chancellor in respect of the maintenance of such residence(ii) the vice-chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the executive council with the approval of the visitor from time to time:provided that where an employee of the university or a college or an institution maintained by or affiliated to it, or of any other university or any institution maintained by or affiliated to such other university, is appointed as the vice-chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the university shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the vice-chancellor:provided further that where such employee had been a member of any pension scheme, the university shall make the necessary contribution to such scheme(iii) the vice-chancellor shall be entitled to travelling allowance at such rate as may be fixed by the executive council(iv) the vice-chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the 1st day of january and july every year:provided that if the vice-chancellor assumes or relinquishes charge of the office of the vice-chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service(v) in addition to the leave referred to in sub-clause (iv), the vice-chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed year of service this half pay leave may also be availed of as commuted leave on full pay on medical certificate when commuted leave is availed, twice the amount of half pay leave shall be debited against half pay leave due (6) if the office of the vice-chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the pro-vice-chancellor shall perform the duties of the vice-chancellor:provided that if the pro-vice-chancellor is not available, the senior-most professor shall perform the duties of the vice-chancellor until a new vice-chancellor assumes office or until the existing vice-chancellor attends to the duties of his office, as the case may bepowers and duties of the vice-chancellor3 (1) the vice-chancellor shall be ex officio chairman of the executive council, the academic council, the planning board, board of affiliation and recognition and the finance committee and shall, in the absence of the chancellor, preside at the convocations held for conferring degrees(2) the vice-chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the university, but shall not be entitled to vote thereat unless he is a member of such authority or body(3) it shall be the duty of the vice-chancellor to see that this act, the statutes, the ordinances and the regulations are duly observed, and he shall have all the powers necessary to ensure such observance(4) the vice-chancellor shall exercise control over the affairs of the university and shall give effect to the decisions of all the authorities of the university(5) the vice-chancellor shall have all the powers necessary for the proper maintenance of discipline in the university and he may delegate any such powers to such person or persons as he may deem fit(6) the vice-chancellor shall have the power to convene or cause to be convened the meeting of the executive council, the academic council, the planning board and the finance committee(7) the vice-chancellor shall have the power to make short–term appointments with the approval of the executive council, for a period of six months of such persons as he may consider necessary for the functioning of the universitypro-vice- chancellor4 (1) every pro-vice-chancellor shall be appointed by the executive council on the recommendation of the vice-chancellor:provided that where the recommendation of the vice-chancellor is not accepted by the executive council, the matter shall be referred to the visitor who may either appoint the person recommended by the vice-chancellor or ask the vice-chancellor to recommend another person to the executive council:provided further that the executive council may, on the recommendation of the vice-chancellor, appoint a professor to discharge the duties of a pro-vice-chancellor in addition to his own duties as a professor (2) the term of office of a pro-vice-chancellor shall be such as may be decided by the executive council but it shall not in any case exceed five years or until the expiration of the term of office of the vice-chancellor, whichever is earlier:provided that a pro-vice-chancellor whose term of office has expired shall be eligible for reappointment:provided further that, in any case, a pro-vice-chancellor shall retire on attaining the age of sixty-five years:provided also that the pro-vice-chancellor shall, while discharging the duties of the vice-chancellor under clause (6) of statute 2, continue in office notwithstanding the expiration of his term of office as pro-vice-chancellor, until a new vice-chancellor or the vice-chancellor, as the case may be, assumes office:provided also that when the office of the vice-chancellor becomes vacant and there is no pro-vice-chancellor to perform the functions of the vice-chancellor, the executive council may appoint a pro-vice-chancellor and the pro-vice-chancellor so appointed shall cease to hold office as such as soon as a vice-chancellor is appointed and enters upon his office(3) (a) the emoluments and other terms and conditions of service of a pro-vice-chancellor shall be such as may be laid down by the ordinances (b) the salary of the pro-vice-chancellor shall be decided by the executive council with the approval of the visitor (c) the pro-vice-chancellor shall be entitled without payment of rent, to the use of a furnished residence throughout his tenure of office and no charge shall fall on the pro-vice-chancellor personally in respect of maintenance of such residence (d) in addition to the salary specified in sub-clause (b), a pro-vice-chancellor shall be entitled to such leave, benefits and other allowances as admissible to the employees of the university from time to time (e) the pro-vice-chancellor shall be entitled to such terminal benefits as may be fixed by the executive council from time to time (f) the pro-vice-chancellor shall be entitled to subscribe to the contributory provident fund of the university till the end of his tenure:provided that when an employee of the university or a college or an institution or of any other university or institution maintained or affiliated to such other university is appointed as pro-vice-chancellor, his salary shall be fixed after taking into consideration the salary of such person(4) a pro-vice-chancellor shall assist the vice-chancellor in respect of such matters as may be specified by the vice-chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the vice-chancellor5 (1) every registrar shall be appointed by the executive council on the registrarsrecommendation of a selection committee constituted for the purpose and shall be a wholetime salaried officer of the university:provided that a nominee of the court shall also be included in the selection committee (2) he shall be appointed for a term of five years and shall be eligible for reappointment for one more term(3) the emoluments and other terms and conditions of service of the registrar shall be such as may be prescribed by the ordinances:provided that the registrar shall retire on attaining the age of sixty-two years (4) when the office of the registrar is vacant or when the registrar is, by reason of illness, absence, or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose (5) (a) the registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the order of the executive council and to suspend them pending inquiry, to administer warnings to them or to impose upon them the penalty of censure or the withholding of increment:provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(b) an appeal shall lie to the vice-chancellor against any order of the registrar imposing any of the penalties specified in sub-clause (a)(c) in a case where the inquiry discloses that a punishment beyond the power of the registrar is called for, the registrar shall, upon conclusion of the inquiry, make a report to the vice-chancellor along with his recommendations:provided that an appeal shall lie to the executive council against an order of the vice-chancellor imposing any penalty on an employee (6) the executive council shall designate any registrar to act ex officio in one or more of the following capacities, namely:—(i) secretary to the court;(ii) secretary to the executive council; (iii) secretary to the academic council; (iv) secretary to the board of affiliation and recognition; and(v) secretary to the planning board(7) it shall be the duty of the registrar so designated in relation to the authority concerned to—(a) be the custodian of the records, the common seal and such other property of the university as the executive council shall commit to his charge;(b) issue all notices convening meetings of that authority and the committees appointed by it;(c) keep the minutes of all the meetings of that authority and the committees appointed by it;(d) conduct the official correspondence of the court, the executive council, the academic council, the planning board and the board of affiliation and recognition;(e) arrange for and superintend the examinations of the university in accordance with the manner prescribed by the ordinances;(f) supply to the visitor copies of the agenda of meetings of the authorities of the university as soon as they are issued; and the minutes of such meetings;(g) represent the university in suits or proceedings by or against the university, sign powers-of-attorney and verify pleadings or depute his representative for the purpose; and(h) perform such other duties as may be specified in the statutes, the ordinances or the regulations or as may be required, from time to time, by the executive council or the vice-chancellorthe finance officer6 (1) the finance officer shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) he shall be appointed for a term of five years and shall be eligible for reappointment for one more term(3)the emoluments and other terms and conditions of service of the finance officer shall be such as may be laid down by the ordinances:provided that a finance officer shall retire on attaining the age of sixty-two years (4) when the office of the finance officer is vacant or when the finance officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) the finance officer shall be ex officio secretary of the finance committee but shall not be deemed to be a member of such committee(6) the finance officer shall—(a) exercise general supervision over the funds of the university and shall advise it as regards its financial policy; and(b) perform such other financial functions as may be assigned to him by the executive council or as may be prescribed by the statutes or the ordinances:provided that the finance officer shall not make any expenditure or make any investment exceeding one lakh rupees without the prior approval of the executive council (7) subject to the control of the executive council, the finance officer shall—(a) hold and manage the property and investments of the university including trust and endowed property;(b) ensure that the limits fixed by the executive council for recurring and nonrecurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;(c) be responsible for the preparation of annual accounts and the budget of the university and for their presentation to the executive council after they have been considered by the finance committee;(d) keep a constant watch on the state of the cash and balances and on the state of investments;(e) watch the progress of the collection of revenue and advise on the methods of collection employed;(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, special centres, specialised laboratories, colleges and institutions maintained by the university;(g) bring to the notice of the vice-chancellor, unauthorised expenditure or any other financial irregularities and suggest appropriate action against persons at fault; and(h) call for from any office, centre, laboratory, college or institution maintained by the university any information that he may consider necessary for the performance of his duties (8) any receipt given by the finance officer or the person or persons duly authorised in this behalf by the executive council for any money payable to the university shall be sufficient discharge for payment of such moneydeans of schools of studies7 (1) every dean of a school of studies shall be appointed by the vice-chancellor from among the professors in the school for a period of three years and he shall be eligible for reappointment:provided that a dean on attaining the age of sixty years shall cease to hold office as such:provided further that if at any time there is no professor in a school, the vice-chancellor, or a dean authorised by the vice-chancellor in this behalf, shall exercise the powers of the dean of the school (2) when the office of the dean is vacant or when the dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(3) the dean shall be the head of the school and shall be responsible for the conduct and maintenance of the standards of teaching and research in the school and shall have such other functions as may be prescribed by the ordinances(4) the dean shall have the right to be present and to speak at any meeting of the boards of studies or committees of the school, as the case may be, but shall not have the right to vote thereat unless he is a member thereof| heads ||--------------|| departments |8 (1) in the case of departments which have more than one professor, the head of the department shall be appointed by the executive council on the recommendation of the vice-chancellor from among the professors on rotation basis (2) in the case of departments where there is only one professor, the executive council shall have the option to appoint, on the recommendation of the vice-chancellor, either the professor or a reader as the head of the department:provided that it shall be open to a professor or reader to decline the offer of appointment as the head of the department (3) a person appointed as the head of the department shall hold office as such for a period of three years and shall be eligible for reappointment (4) a head of a department may resign his office at any time during his tenure of office (5) a head of a department shall perform such duties as may be prescribed by the ordinancesproctors9 (1) every proctor shall be appointed by the executive council on the recommendationof the vice-chancellor and shall exercise such powers and perform such duties as may be assigned to him by the vice-chancellor(2) every proctor shall hold office for a term of two years and shall be eligible for reappointmentlibrarian10 (1) the librarian shall be appointed by the executive council on therecommendations of the selection committee constituted for the purpose and he shall be a whole-time officer of the university(2) the librarian shall exercise such powers and perform such duties as may be assigned to him by the executive council11 (1) the executive council shall consist of the following members, namely:—(a) the vice-chancellor, who shall be the chairperson ex officio;(b) the pro-vice-chancellor, ex officio;membership, constitution, quorum and tenure of the executive council(c) the secretary of ministry of shipping, road transport and highways(department of shipping), government of india, or his nominee not below the rank of a joint secretary;(d) the director-general of shipping or his nominee not below the rank of a joint secretary;(e) the chairman, indian port association, new delhi; (f) the financial adviser, ministry of shipping, road transport and highways(department of shipping) government of india, or his nominee not below the rank of a joint secretary;(g) five members to be nominated by the visitor having special knowledge and/or practical experience in respect of maritime-education, industry, science or technology and other related subjects on the recommendation of the vice-chancellor, out of a panel of at least ten persons;(h) one member not below the rank of joint secretary to be appointed by the central government to represent the ministry of defence of the central government(i) one dean of schools of studies nominated by the vice- chancellor by rotation on the basis of seniority;(j) two directors nominated by the vice-chancellor by rotation on the basis of seniority;(k) three principals of the affiliated colleges and academic institutions nominated by the executive council by rotation;(l) one vice-chancellor present or former, of any technical university; and (m) one representative of the government of the state where university is located(2) the registrar shall be ex officio secretary of the executive council(3) seven members of the executive council shall form a quorum for a meeting of the executive council(4) the members of the executive council other than ex officio members shall hold office for a term of three years(5)there shall be not less than four meetings of the executive council in a year and the rules of procedure for conduct of business to be followed at a meeting and such other matters in relation to meeting as may be necessary shall be such as may be prescribed by the statutes12 (1) the executive council shall have the power of management and administrationof the revenue and property of the university and the conduct of all administrative affairs of the university not otherwise provided forpowers and functions of the executive council (2) subject to the provisions of this act, the statutes and the ordinances, the executive council shall, in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of professors, associate professors, assistant professors and other academic staff and principals of colleges and institutions maintained by the university:provided that no action shall be taken by the executive council in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than after consideration of the recommendations of the academic council;(ii) to appoint such professors, associate professors, assistant professors and other academic staff, as may be necessary, and the principals of colleges and institutions maintained by the university on the recommendation of the selection committee constituted for the purpose and to fill the temporary vacancies therein;(iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the ordinances;(iv) to grant leave of absence to any officer of the university other than the chancellor and the vice-chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; (v) to regulate and enforce discipline among employees in accordance with the statutes and the ordinances; (vi) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the university, and for that purpose to appoint such agents as it may think fit;(vii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the finance committee; (viii) to invest any money belonging to the university, including any unapplied income, in such stocks, funds, share or securities, from time to time, as it may think fit or in the purchase of immovable property in india, with the like powers of varying such investment from time to time; (ix) to transfer or accept transfers of any movable or immovable property on behalf of the university; (x) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the university;(xi) to enter into, vary, carry out and cancel contracts on behalf of the university;(xii) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the university who may, for any reason, feel aggrieved;(xiii) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the academic council; (xiv) to select a common seal for the university and provide for the custody and use of such seal; (xv) to make such special arrangements as may be necessary for the residence and discipline of women students;(xvi) to delegate any of its powers to the vice-chancellor, the pro-vice-chancellor, the deans, the registrar or the finance officer or such other employee or authority of the university or to a committee appointed by it as it may deem fit;(xvii) to institute fellowships, scholarships, studentships, assistantships, medals and prizes;(xviii) to provide for the appointment of visiting professors, emeritus professors, consultants and scholars and determine the terms and conditions of such appointments; and(xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the act, or the statutesmeetings of the court13 (1) an annual meeting of the court shall be held on a date to be fixed by the executive council unless some other date has been fixed by the court in respect of any year(2) at an annual meeting of the court, a report on the working of the university during the previous year, together with a statement of the receipts and expenditure, the balancesheet as audited, and the financial estimates for the next year shall be presented(3) a copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2), shall be sent to every member of the court at least seven days before the date of the annual meeting(4) twelve members of the court shall form a quorum for a meeting of the court (5) special meetings of the court may be convened by the executive council or the vice-chancellor or if there is no vice-chancellor, pro-vice-chancellor or if there is no pro- vice-chancellor, by the registrar(6) the court shall consist of the following members, namely:—ex officio members: (i) the vice-chancellor; (ii) the pro-vice-chancellor; (iii) the deans of shools of studies; (iv) the heads of teaching departments who are not the deans; (v) the dean of students' welfare; (vi) the registrar; (vii) the librarian; (viii) the proctor; (ix) the finance officer representatives of teachers: (x) all professors who are not heads of teaching departments; (xi) two readers who are not heads of teaching departments, by rotation according to seniority, to be appointed by the vice-chancellor;(xii) two lecturers by rotation according to seniority, to be appointed by the vice-chancellorrepresentatives of non-teaching staff: (xiii) two members of the non-teaching staff, one from among group 'd' staff and the other from the rest, to be nominated by the vice-chancellor;representatives of institutions affiliated to the university (xiv) one representative from the affiliated institutions who shall be the head of the institution, to be nominated by the vice-chancellorrepresentatives of parliament: (xv) five representatives of parliament out of which three to be nominated by the speaker of the lok sabha and two by the chairman of the rajya sabha from amongst the members thereof however, consequent upon a member of parliament becoming a minister or speaker or deputy speaker, of the lok sabha or deputy chairman of the rajya sabha, his/her nomination or election to the court of the university shall be deemed to have been terminatedpersons representing industry: (xvi) eleven persons representing the maritime industries, to be nominated by visitor out of which one each from,— indian national ship owners' association, maritime association of ship owners and ship managers association, foreign owners representatives and ship managers association, ship building industries, dredging industries, offshore industries, unions representing seamen, association of multimodal transport operators of idnia, indian register of shipping, major and minor ports(xvii) ten representatives of maritime states, out of which one each to be nominated by the states or union territoriesother members: (xviii) members of the executive council, who are not authorized members of the court (7) all members of the court, other than the ex-officio members, shall hold office for a term of three years:provided that a member of parliament shall hold office for three years or so long as he continues to be a members of the house which he represents, whichever is less14 (1) the academic council shall consist of the following members, namely:—(a)the vice-chancellor, who shall be the chairperson ex officio;(b)the pro-vice-chancellor;membership, constitution, quorum and tenure of the academic council(c)the chief surveyor, directorate general of shipping, ministry of shipping,road transport and highways (department of shipping), government of india, or his nominee;(d)the nautical advisor, directorate general of shipping, ministry of shipping,road transport and highways (department of shipping), government of india, or his nominee;(e)the deans of schools of studies;(f)all directors of university maintained campuses;(g)all heads of university teaching departments;(h)one professor from each university teaching department by rotation onthe basis of seniority to be nominated by the vice-chancellor;(i)three eminent experts in the field of maritime studies and related subjects,nominated by the vice-chancellor; and(j)two principals of recognised colleges(2) the registrar shall be ex officio secretary to the academic council, but shall have no right to vote(3) nine members of the academic council shall form a quorum for a meeting of the academic council (4) the members of the academic council other than ex officio members, shall hold office for a term of three years (5) the academic council shall meet at least twice a year 15 subject to the act, the statutes and the ordinances, the academic council shall, in addition to all other powers vested in it, have the following powers, namely:—powers of the academic council(a) to exercise general supervision over the academic policies of the university and to give directions regarding methods of instructions, co-operative teaching among colleges and institutions, evaluation of research or improvements in academic standards;(b) to bring about inter-school co-ordination, to establish or appoint committees or boards, for taking up projects on an inter-school basis;(c) to consider matters of general academic interest either on its own initiative or on a reference by a school or the executive council and to take appropriate action thereon;(d) to frame such regulations and rules consistent with the statutes and the ordinances regarding the academic functioning of the university, discipline, residences, admissions, award of fellowship assistantship, research assistantship and studentships, fees, concessions, corporate life and attendance;(e) to recommend the executive council, the number, qualification and the emolument of the teacher and other academic staff;(f) to recommend the executive council, examiners and modernators; (g) to recommend the executive council, persons for award of honorary degrees; and (h) to recommend the executive council, setting up of chairs16 (1) the planning board shall consist of the following members, namely:—(a) the vice-chancellor, who shall be the chairperson ex officio;(b) the pro-vice-chancellor;membership, constitution, quorum and tenure of the planning board(c) the secretary, department of shipping, in the government of india or his nominee not below the rank of a joint secretary;(d) the secretary, ministry of defence in the government of india, or his nominee not below the rank of a joint secretary;(e) the director-general of shipping, department of shipping, in the government of india;(f) the financial adviser, department of shipping, in the government of india, or his nominee not below the rank of a joint secretary;(g) two members to be nominated by the visitor having special knowledge and/or practical experience in respect of maritime - education, industry, science or technology and other related subjects on the recommendation of the vice-chancellor out of a panel of at least six persons;(h) one dean of schools of studies nominated by the vice-chancellor by rotation on the basis of seniority;(i) one director of the university campus nominated by the vice-chancellor by rotation on the basis of seniority;(j) one principal of the affiliated colleges nominated by the executive council by rotation; and(k) one vice-chancellor present or former, of any technical university:provided that the members nominated under sub-clauses (e) to (i) above shall, as far as practicable, be drawn from different faculties(2) the registrar shall be the ex officio secretary of the planning board(3) the conduct of the meetings of the planning board and the quorum required for such meetings shall be prescribed by the ordinancesthe planning board(4) the members of the planning board other than ex officio members, shall hold office for a term of three years17 (1) the planning board shall be the principal planning body of the university and shall be responsible for—(a) reviewing the educational programmes offered by the university; (b) organising the structure of education in the university so as to provideopportunities to students to offer different combinations of subjects appropriate for the development of personality and skills for useful work in society;(c) creating an atmosphere and environment conducive to value oriented education; and(d) developing new teaching-learning processes which will combine the lectures, tutorials, seminars, demonstrations, self-studies and collective practical projects (2) the planning board shall have the power to advise on the development of the university and review the progress implementation of programmes so as to ascertain whether they are on the lines recommended by it and shall also have the power to advise the executive council and the academic council on any matter in connection therewith (3) the academic council and the executive council shall be bound to consider the recommendations of the planning board and shall implement such of the recommendations as are accepted by it (4) recommendations of the planning board as have not been accepted by the executive council or the academic council under clause (3) shall be submitted by the vice-chancellor along with the recommendations of the executive council or the academic council, to the visitor for advice and the advice of the visitor shall be implemented by the executive council or the academic council, as the case may be (5) the planning board may constitute such committees as may be necessary for planning and monitoring the programmes of the university18 (1) the university shall have such schools of studies as may be specified by the ordinancesschools of studies and departments(2) every school shall have a school board and the members of the first school board shall be nominated by the executive council and shall hold office for a period of three years (3) the powers and functions of a school board shall be prescribed by the ordinances (4) the conduct of the meetings of a school board and the quorum required for such meetings shall be prescribed by the ordinances (5) (a) each school shall consist of such departments as may be assigned to it by the ordinances (b) no department shall be established or abolished except by the statutes: provided that the executive council may, on the recommendation of the academic council, establish centres of studies to which may be assigned such teachers of the university as the executive council may consider necessary(c) each department shall consist of the following members, namely:—(i) teachers of the department; (ii) persons conducting research in the department; (iii) dean of the school; (iv) honorary professors, if any, attached to the department; and (v) such other persons as may be members of the department in accordance withthe provisions of the ordinances| boards | of ||-------------------------|------|| studies | || 19 | ( || under-graduate studies | | (2) the constitution of a board of post-graduate studies and the term of office of its members shall be prescribed by the ordinances (3)the functions of a board of post-graduate studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned school board in the manner prescribed by the ordinances— (a) courses of studies and appointment of examiners for post-graduate courses, but excluding research degrees;(b) appointment of supervisors of research; and (c) measures for the improvement of the standard of post-graduate teaching andresearch:provided that the above functions of a board of post-graduate studies shall, during the period of three years immediately after the commencement of the act, be performed by the department (4) the constitution and functions of a board of under-graduate, post-graduate and vocational studies and the term of its members shall be prescribed by the ordinances20 (1) the finance committee shall consist of the following members, namely:—finance committee(i) the vice-chancellor; (ii) the pro-vice-chancellor; (iii) three persons nominated by the executive council, out of whom at least one shall be a member of the executive council;(iv) three persons nominated by the visitor; and(v) atleast one person to be nominated by the court (2) five members of the finance committee shall form a quorum for a meeting of the finance committee (3) all the members of the finance committee, other than ex officio members, shall hold office for a term of three years (4) a member of the finance committee shall have the right to record a minute of dissent if he does not agree with any decision of the finance committee (5) the finance committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure (6) all proposals relating to creation of posts, and those items which have not been included in the budget, should be examined by the finance committee before they are considered by the executive council (7) the annual accounts and the financial estimates of the university prepared by the finance officer shall be laid before the finance committee for consideration and comments and thereafter submitted to the executive council for approval (8) the finance committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loans)selection committees21 (1) there shall be selection committees for making recommendations to the executive council for appointment to the posts of professor, reader, lecturer, registrar, finance officer, librarian and principals of colleges and institutions maintained by the university (2) the selection committee for appointment to the posts specified in column 1 of the table below shall consist of the vice-chancellor, pro-vice-chancellor, a nominee of the visitor and the persons specified in the corresponding entry in column 2 of the said table :| 1 | 2 ||-------------------------------------------------------------|-------------------------------------------------------------|| professor | (i) the head of department concerned, if he is a professor || (ii) one professor to be nominated by the vice-chancellor | || (iii) three persons not in the service of the university, | || nominated by the executive council, out of a panel of names | || recommended by the academic council for their special | |knowledge of, or interest in, the subject with which the professor will be concernedreader/lecturer(i) the head of the department concerned(ii) one professor to be nominated by the vice-chancellor (iii) two persons not in the service of the university, nominated by the executive council, out of a panel of names recommended by the academic council for their special knowledge of, or interest in the subject with which the reader or a lecturer will be concernedregistrar, finance officer(i) two members of the executive council nominated by it(ii) one person not in the service of the university nominated by the executive councillibrarian(i) two persons not in the service of the university, who have special knowledge of the subject of the library science/ library administration to be nominated by the executive council (ii) one person not in the service of the university, nominated by the executive councilprincipal of collegethree persons not in the service of the university of whomor institution maintainedtwo shall be nominated by the executive council and one byby the universitythe academic council for their special knowledge of, or interest in, a subject in which instruction is being provided by the college or institutionnote: 1 where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the head of the department concerned2 the professor to be nominated shall be professor concerned with the speciality for which the selection is being made and that the vice-chancellor shall consult the head of the department and the dean of school before nominating the professor(3) the vice-chancellor, or in his absence, the pro-vice-chancellor shall preside at the meetings of a selection committee:provided that the meetings of the selection committee shall be fixed after prior consultation with, and subject to the convenience of visitor's nominee and the persons nominated by the executive council under clause (2):provided further that the proceedings of the selection committee shall not be valid unless,—(a) where the number of visitor's nominee and the persons nominated by the executive council is four in all, at least three of them attend the meeting; and(b) where the number of visitor's nominee and the persons nominated by the executive council is three in all, at least two of them attend the meeting (4)the meeting of a selection committee shall be convened by the vice-chancellor or in his absence by the pro-vice-chancellor(5)the procedure to be followed by a selection committee in making recommendations shall be laid down in the ordinances(6) if the executive council is unable to accept the recommendations made by a selection committee, it shall record its reasons and submit the case to the visitor for final orders (7) appointments to temporary posts shall be made in the manner indicated below:— (i) if the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the selection committee in accordance with the procedure indicated in the foregoing clauses:provided that if the vice-chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by a local selection committee referred to in sub-clause (ii) for a period not exceeding six months (ii) if the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local selection committee consisting of the dean of the school concerned, the head of the department and a nominee of the vice-chancellor:provided that if the same person holds the offices of the dean and the head of the department, the selection committee may contain two nominees of the vice- chancellor:provided further that in case sudden casual vacancies of teaching posts caused by death or any other reason, the dean may, in consultation with the head of the department concerned, make a temporary appointment for a month and report to the vice-chancellor and the registrar about such appointment(iii) no teacher appointed temporarily shall, if he is not recommended by the regular selection committee for appointment under the statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local selection committee, for a temporary or permanent appointment, as the case may bespecial mode of appointment22 (1) notwithstanding anything contained in statute 21, executive council may invite a person of high academic distinction and professional attainments to accept a post of professor or reader or any other academic post in the university, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so appoint him to the post (2) the executive council may appoint a teacher or any other academic staff working in any other university or organisation for undertaking a joint project in accordance with the manner, laid down in the ordinancesappointment for a fixedtenure23 the executive council may appoint a person selected in accordance with the procedure laid down in statute 21 for a fixed tenure on such terms and conditions as it deems fitrecognised teachers24 (1) the qualifications of recognised teachers shall be such as may be prescribed by the ordinances(2) all applications for the recognition of teachers shall be made in such manner as may be laid down in the ordinances(3) no teacher shall be recognised as a teacher except on the recommendation of a selection committee constituted for the purpose in the manner laid down in the ordinances(4) the period of recognition of a teacher shall be determined by the ordinances made in that behalf(5) the academic council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher:provided that no such resolution shall be passed until notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the academic council(6) any person aggrieved by an order of withdrawal under clause (5) may, within three months from the date of communication to him of such order, appeal to the executive council which may pass such orders thereon as it thinks fitcommittees25 (1) any authority of the university may appoint as many standing, special orsearch committees, as it may deem fit, and may appoint to such committees, persons who are not members of such authority (2) any such committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing26 (1)all the teachers and other academic staff of the university shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulations| terms | and ||---------------------------------------------------------------------------------|-------|| conditions of | || service | and || code | of || conduct of the | || teachers, etc | || ( | 2 || on a written contract, the form of which shall be prescribed by the ordinances | |(3) a copy of every contract referred to in clause (2) shall be deposited with the registrar27 all the employees of the university, other than the teachers and other academic staff of the university, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulationsterms and conditions of service and code of conduct of other employees seniority list28 (1) whenever, in accordance with the statutes, any person is to hold an office orbe a member of an authority of the university by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the executive council may, from time to time prescribe (2) it shall be the duty of the registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1) (3) if two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the registrar may, on his own motion and shall, at the request of any such person, submit the matter to the executive council whose decision thereon shall be finalremoval of employees of the university29 (1) where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the university, the vice-chancellor, in the case of the teacher or member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee, may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the executive council the circumstances in which the order was made:provided that the executive council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or the member of the academic staff, revoke such order (2) notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the executive council in respect of teachers and other academic staff, and the appointing authority, in respect of other employees, shall have the power to remove a teacher or a member of the academic staff, or as the case may be, other employee on grounds of misconduct (3) save as aforesaid, the executive council, or as the case may be the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof(4) no teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(5) the removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension(6) notwithstanding anything contained in the foregoing provisions of this statute, a teacher, member of the academic staff or other employee may resign,—(a) if he is a permanent employee, only after giving three months' notice in writing to the executive council or the appointing authority, as the case may be or by paying three months' salary in lieu thereof; and(b) if he is not a permanent employee, only after giving one month's notice in writing to the executive council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof: provided that such resignation shall take effect only on the date on which the resignation is accepted by the executive council or the appointing authority, as the case may behonorary degrees30 (1) the executive council may, on the recommendation of the academic council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the visitor for the conferment of honorary degrees:provided that in case of emergency, the executive council may, on its own motion, make such proposals (2) the executive council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the visitor, any honorary degree conferred by the universitywithdrawal of degrees, etc31 the executive council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the university for good and sufficient cause:provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the executive council32 (1) all powers relating to discipline and disciplinary action in relation to students of the university shall vest in the vice-chancellor (2) the vice-chancellor may delegate all or any of his powers as he deems proper to a proctor and to such other officers as he may specify in this behalfmaintenance of discipline among students of the university (3) without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the vice-chancellor may, in exercise of his powers, by order, direct that any student be expelled, or rusticated, for a specified period, or be not admitted to a course of study in a college, institution or department of the university for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the university, college, institution or department or a school for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled (4) the principals of colleges, institutions, deans of schools of studies and heads of teaching departments in the university shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions, schools and teaching departments in the university as may be necessary for the proper conduct of such colleges, institutions, schools and teaching departments (5)without prejudice to the powers of the vice-chancellor, the principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the university the principals of colleges, institutions, deans of schools of studies and heads of teaching departments in the university may also make the supplementary rules as they deem necessary for the aforesaid purpose (6) at the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the vice-chancellor and other authorities of the university33 all powers relating to discipline and disciplinary action in relation to students of a college or an institution, not maintained by the university, shall vest in the principal of the college or institution, as the case may be, in accordance with the procedure prescribed by the ordinancesmaintenance of discipline among students of colleges, etc34 (1) colleges and other institutions situated within the jurisdiction of the university may be admitted to such privileges of the university as the executive council may decide on the following conditions, namely:—admission of colleges, etc, to the privilege of the university(i) every such college or institution shall have a regularly constituted governing body, consisting of not more than fifteen persons approved by the executive council and including among others, two teachers of the university to be nominated by the executive council and three representatives of the teaching staff of whom the principal of the college or institution shall be one the procedure for appointment of members of the governing body and other matters affecting the management of a college or an institution shall be prescribed by the ordinances:provided that the said condition shall not apply in the case of colleges and institutions maintained by government which shall, however, have an advisory committee consisting of not more than fifteen persons which shall consist of among others, three teachers including the principal of the college or institution, and two teachers of the university nominated by the executive council(ii) every such college or institution shall satisfy the executive council on the following matters, namely:—(a) the suitability and adequacy of its accommodation and equipment for teaching; (b) the qualifications and adequacy of its teaching staff and the conditions oftheir service;(c) the arrangements for the residence, welfare, discipline and supervision ofstudents;(d) the adequacy of financial provision made for the continued maintenance ofthe college or institution; and(e) such other matters as are essential for the maintenance of the standards ofuniversity education(iii) no college or institution shall be admitted to any privileges of the university except on the recommendation of the academic council made after considering the report of a committee of inspection appointed for the purpose by the academic council(iv) colleges and institutions desirous of admission to any privileges of the university shall be required to intimate their intention to do so in writing so as to reach the registrar not later than the 15th august, preceding the year from which permission applied for is to have effect(v) a college or an institution shall not, without the previous permission of the executive council and the academic council, suspend instruction in any subject or course of study which it is authorised to teach and teaches(2) appointment to the teaching staff and principals of colleges or institutions admitted to the privileges of the university shall be made in the manner prescribed by the ordinances:provided that nothing in this clause shall apply to colleges and institutions maintained by government (3) the service conditions of the administrative and other non-academic staff of every college or institution referred to in clause (2) shall be such as may be laid down in the ordinances:provided that nothing in this clause shall apply to colleges and institutions maintained by government(4) every college or institution admitted to the privilege of the university shall be inspected at least once in every two academic years by a committee appointed by the academic council, and the report of the committee shall be submitted to the academic council, which shall forward the same to the executive council with such recommendations as it may deem fit to make (5) the executive council, after considering the report and the recommendations, if any, of the academic council, shall forward a copy of the report to the governing body of the college or institution with such remarks, if any, as it may deem fit for suitable action (6) the executive council may, after consulting the academic council, withdraw any privileges granted to a college or an institution, at any time it considers that the college or institution does not satisfy any of the conditions on the fulfilment of which the college or institution was admitted to such privileges:provided that before any privileges are so withdrawn, the governing body of the college or institution concerned shall be given an opportunity to represent to the executive council why such action should not be taken(7) subject to the conditions set forth in clause (1), the ordinances may prescribe—(i) such other conditions as may be considered necessary; (ii) the procedure for the admission of colleges and institutions to the privileges of the university and for the withdrawal of those privileges (8) the constitution of board of affiliation and recognition and the terms of office of its members shall be prescribed by the ordinancesconvocations35 convocations of the university for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the ordinancesacting chairman of meetings36 where no provision is made for a president or chairman to preside over a meeting of any authority of the university or any committee of such authority or when the president or chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meetingresignation37 any member, other than an ex officio member of the court, the executive council, the academic council or any other authority of the university or any committee of such authority may resign by letter addressed to the registrar and the resignation shall take effect as soon as such letter is received by the registrardisqualifications38 (1) a person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the university,—(i) if he is of unsound mind; (ii) if he is an undischarged insolvent; and (iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months (2) if any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision39 notwithstanding anything contained in the statutes, a person who is not ordinarily resident in india shall be eligible to be an officer of the university or a member of any authority of the universityresidence condition for membership and office membership of authorities by virtue of membership of other bodies40 notwithstanding anything contained in the statutes, a person who holds any post in the university or is a member of any authority or body of the university in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be41 (1)there shall be an alumni association for the universityalumni association(2) the subscription for membership of the alumni association shall be prescribed by the ordinances(3) no member of the alumni association shall be entitled to vote or stand for election unless he has been a member of the association for at least one year prior to the date of the election and is a degree holder of the university of at least five years standing:provided that the condition relating to the completion of one year's membership shall not apply in the case of the first electionstudents' council42 (1) there shall be constituted in the university, a students' council for every academic year, consisting of —(i) the dean of students' welfare, who shall be the chairman of the students'council;(ii) all students who have won prizes in the previous academic year in the fields of studies, fine arts, sports and extension work;(iii) ten students to be nominated by the academic council on the basis of merit in studies, sports activities and all-round development of personality: provided that any student of the university shall have the right to bring up any matter concerning the university before the students' council if so permitted by the chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration(2) the functions of the students' council shall be to make suggestions to the appropriate authorities of the university in regard to the programmes of studies, students' welfare and other matters of importance in regard to the working of the university in general and such suggestions shall be made on the basis of consensus of opinion (3) the students' council shall meet at least once in an academic year preferably in the beginning of that yearordinances how to be made43 (1) the first ordinances made under sub-section (2) of section 30 may be amended, repealed or added to at any time by the executive council in the manner specified below (2) no ordinance in respect of the matters enumerated in section 30 other than those enumerated in clause (n) of sub-section (1) thereof, shall be made by the executive council unless a draft of such ordinance has been proposed by the academic council (3) the executive council shall not have power to amend any draft of any ordinance proposed by the academic council under clause (2), but may reject the proposal or return the draft to the academic council for re-consideration, either in whole or in part, together with any amendment which the executive council may suggest(4) where the executive council has rejected or returned the draft of an ordinance proposed by the academic council, the academic council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the academic council, the draft may be sent back to the executive council which shall either adopt it or refer it to the visitor whose decision shall be final(5) every ordinance made by the executive council shall come into effect immediately (6) every ordinance made by the executive council shall be submitted to the visitor within two weeks from the date of its adoption the visitor shall have the power to direct the university within four weeks of the receipt of the ordinance to suspend the operation of any such ordinance and he shall, as soon as possible, inform the executive council about his objection to the proposed ordinance the visitor may, after receiving the comments of the university, either withdraw the order suspending the ordinance or disallow the ordinance, and his decision shall be finalregulations44 (1) the authorities of the university may make regulations consistent with the act, the statutes and the ordinances for the following matters, namely:—(i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;(ii) providing for all matters which are required by the act, the statutes or the ordinances to be prescribed by regulations; and(iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the act, the statutes or the ordinances (2) every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings (3) the executive council may direct the amendment in such manner as it may specify, of any regulation made under the statutes or the annulment of any such regulationdelegation of powers45 subject to the provisions of the act and the statutes, any officer or authority of the university may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powersequivalence committee46 (1) keeping in view the outstanding nature of qualification in maritime discipline, ministry of shipping, road transport and highways, government of india constituted an "equivalence committee" with a view to consider relativity of the existing teaching posts in four government maritime institutes (marine engineering and research institute, kolkata and mumbai, lal bahadur shastri college of advanced maritime studies and research, mumbai, training ship chanakya, navi mumbai), presently under indian institute of maritime studies with equivalent posts in the proposed university the recommendation of the committee is given in the table below:| (1) | (2) ||------------------------------------------|---------------------------------------|| name of the present posts and pay scale | recommendation by the 'equivalence || and recruitment rules as per the gazette | committee' for recognition of post in || notification | university || captain superintendent/principal/ | professor || director( rs18400-500-22400) | || vice principal/deputy/chief officer/ | associate professor || senior engineer officer/senior | || nautical officer | || (rs14300-400-18300) | || engineer officer/nautical officer | assistant professor || (rs12000-375-16500) | || senior lecturer | assistant professor || (rs12000-375-16500) | || senior lecturer (meri) | senior lecturer || (rs10000-325-15000) | || lecturer | lecturer || (rs8000-275-13500) | |(2) in the absence of post-graduate and doctoral studies in maritime discipline, the existing posts in the institutes are deemed to be equivalent to the university posts in the appropriate scale(3) the qualifications for future direct recruitments shall be governed by separate ordinances to be framed by the university47 the fees shall be reviewed after every three yearsreview of fees———— abillto establish and incorporate a teaching and affiliating university at the national level to facilitate and promote maritime studies and research and to achieve excellence in areas of marine science and technology, marine environment and other related fields, and to provide for matters connected therewith or incidental thereto————(as passed by lok sabha)

Parliament_bills

a3fe6a7f-6175-56c9-906a-dee45390cae8

statement of objects and paesthe need for levelling down economic disparities between different regions of the country was accepted as soon as the nation launched upon planned economic development accelerated development of backward areas, with a view to reducing regional disparities, was one of the important national objectives but, even after 52 years of independence, the economic disparities among regions have not only persisted but have also increased required attention has not been paid to develop the backward areas for the development of the backward areas of the country and to bring them up ina short time to the level of the rest of the country, the strategy should be to evolve a fully integrated development programme for identified backward areas to ensure their all round progress for drought-prone areas which have a predominance of small and marginal farmers, area based programmes which envisage a flow of the necessary inputs in the form of a package to enable accelerated economic development should be implemented in addition, a programme of giving incentives to enable accelerated industrialisation of identified backward areas should also be implemented it should be ensured that infrastructural facilities like power, water supply and transport are steadily devieoped and made available to areas which are at present lagging behind industrially or where there is a greater need for providing opportunities for employment in order to achieve these objectives, an autonomous body, though under the overali control of the central government, should be established which would be responsible for planning and implementation of area based package programmes in coordination with the planning commission and the state governments the bill seeks to achieve the above objective new delhi; february 3, 2000 subodh mohite financial memorandumclause 3 of the bill provides for the establishment of the backward areas development board clause 9 provides for payment of salary to vice-chairman clauses 10 and 11 provide for appointment of a secretary to the board and other necessary staff for performance of the functions of the board, the bill, therefore, if enacted, is likely to involve a recurring expenditure of about rupees fifteen lakhs from the consolidated fund of india on account of administrative expenses so far as the development expenditure (clause 6) is concerned, that will form part of the annual expenditure on development plans of the country as a whole, and the development funds shall be made available to the board after due appropriation by parliament an estimate of such expenditure is not possible: at this stage nevertheless a sum of rupees ten thousand crore may be recurred per annum a non-recurring expenditure of about tupees fifty crore is also likely to be incurred, memorandum regarding delegated legislationclause 13 of the bill empowers the central government to frame rules for carrying out the purposes of the bill as the rules will provide for matters of detail only, the delegation of legislative power is of a normal character

Parliament_bills

457bc432-5eb1-54f0-878e-4e52cf414820

bill no 93 of 2007 the appropriation (railways) no 4 bill, 2007 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 2007-08 for the purposes of railways be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) no 4 act, 2007 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 six hundred crores and twenty thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2007-08, in respect of the services relating to railways specified in column 2 of the scheduleissue of rs 600,00,20,000 out of the consolidated fund of india for the financial year 2007-08 appropriation3 the sums authorised to be paid and applied from and out of the consolidated fund of india 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 | 2 | 3 ||------------------------------|-----------------------|-------------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated fund || rs | rs | rs || 16 | assets—acquisition, | || construction and replacement | | || other expenditure | | || capital | 600,00,10,000 | || railway funds | 10,000 | || t | | || otal | | || | 600,00,20,000 | | 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 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 on railways for the financial year 2007-08lalu prasad———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2007-b-402/ws/2, dated the 21st november, 2007 from shri lalu prasad, minister of railways to the secretary-general, lok sabha]the president having been informed of the subject matter of the proposed appropriation 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 2007-08 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india, read with clause (2) of article 115 thereof, the introduction in and consideration by lok sabha, of the appropriation 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 2007-08for the purposes of railways————mgipmrnd—4773ls(s-5)—23-11-2007

Parliament_bills

c6b02bac-4ff5-56c8-bda8-c2a390ed02c9

the railway claims tribunal bill, 1987 arrangement of clauses chapter i clauses1 short title, extent and commencement 2 definitions chapter n - establishment of railway claims tribunal and benches thereof3 establishment of railway claims tribunal 4 composition of claims tribunal and benches thereof 5 qualifications for appointment as chairman, vice-chairman or other member 6 vice-chairman to act as chairman or to discharge his functions in certain circumstances 7 term of office s resignation and removal 9 salaries and allowances and other terms and condi tions of service of chairman, vice-chairman and other members 1~ provision as to the holding of offices by chairman, vice-chairman, etc, on ceasing to be such chairman or vice-chairman, etc 11 financial and administrative powers of chairman , 12 staff of claims tribunal chapter mjurisdiction, powers and authority of claims tt!bunal 13 jurisdiction, powers and authority of claims tribunal 14 distribution of business amongst benches 15 bar of jurisdiction chapter ivprocedljrz 16 application to claims tribunal 17 limitation 18 procedure and powerl of claima tribunal 19 right to legal representation and presentin ofilcki 20 power of chairman to transfer cases from one bench to uotblr 21 decision to be by majority 22 execution of orders of claims tribunal chapter v23 appeals chapter vi miscellaneous24 transfer of pending cases 25 proceedings before claims tribunal to be judicial proc:eed1np - 26 members and staff of claims tribunal to ~ public aervanta 27 protection of action taken in good faith 28 act to have overriding effect 29 power to remove difficulties 30 power to make rules chapter vn amendments to the railways act31 amendment of section 3 32 amendment of section 78a 33 substitution of new section for section so 34 omission of sections 82b, 820 and 82f 35 amendment of section 82c 36 amendment of sections 82e, 82g and 82hh 37 amendment of section 821 38 amendment of section 821 billto provide for the je!stablishment of a railway claims tribunal for iftquiring into and determining claims against a railway adminiltratioft for loss, destruction, damage, deterioration or non-deli~ of cmimals or goods entrusted to be carried by railway or for the refund of fares or freight to it or for compensation for death or injury to pdbenger occurring as a result of railway accidents and for matter connected therewith or incidental thereto ba it enacted by parliament in the thirty-eighth year of the republic of india 88 follows:- chapter i pullminary1 (1) tb1a act may be called the railway claims tribunal act, 1987 short_ mat (i) it extends to the whole of india and cold-mollcloldclll (t) it shall come into force on such date as the central govemment may, by notulcation, appoint j in this aet, unless the context otherwise requires,-l' (a, "applteation" means an applieation made under section 1; (b) "appointed day" means the date with effect from which the claims tribunal is established under section 3; (c) clbench" means a bench of the claims tribunal; (d) "chairman" means the chairman of the claims tribunal; (e) "claims tribunal" means the railway claims tribunal s established under section 3; (f) "judicial member" means a member of the claims tribunal appointed as such under this act, and includes the chairman or a vice-chairman who possesses any of the qualifications specified in subsection (3) of section 5; i 10 (g) "member" means a member (whether judicial or technical) of the claims tribunal, and includes the chairman and vice-chairman; (h) "notification" means a notification published in the official gazette; is (i) "prescribed" means prescribed by rules; (j) "railways act" means the indian railways act, 1890; 9 of 1190 (k) "rules" means rules made under this act; (1) "technical member" means a member of the claims tribunal who is not a judicial member, and includes the chairman or a vice- 20 chairman who possesses any of the qualifications specified in subs'ection (4) of· section 5; - (m) "vice-chairman" means a vice-chairman of the claims tribunal explanation-references to the vice-chairman in this act shall 25 be construed as references to each of the vice-chairmen; (n) words and expressions used and not defined in this act but defined in the railwavs act or the rules made thereunder shall have the m~anings respectively assigned to them in that act or the said rules 30 chapter it establishment of ran-way claims tribunal and benches thereof3 the central government shall, by notification, establish 8 claims tribunal, to be known as the railway claims tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this act 35 establishmentof railway claims tribunal 4 (1) the claims tribunal 811811 consist of 8 chairman, four vice-chairmen and such number of judicial members and teehnical members as the central government may deem fit and, subject to the 4)ther pl'ovislons of this ad the juric;diction, powers and authority of the claims tribunal nlay be exetcised by benches thereof 40 compositioo of claims tribunal and ben chea 1hen!of (2) subiect to the other provisions of this act, a bench shall ~on8tst of one judicial member and one technical member (3) notwithstanding anything contained in sub-section (1) the chair~ man-i (a) may, in addition to discharging the functions of the judicial 45 member or the technical member of the beneh:to wl1h:h 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 vice-chairman or other member from one bench to another bench; 5 (c) may authorise the vice-chairman or the judicial member ot' the technical member appointed to one bench to discharge also the furictions of the vice-chairman or, as the case may be, the judicial member or the technical member of another bench (4) notwithstanding anything contained in the foregoing provisions 10 of this section, it sha~l be competent for the chairman or any other member authorised by the chairman in this behalf to function a8 a bench consisting of a single member and exercise the jurisdiction, powers and authority of the claims tribunal in respect of such classes of cases or such matters perta;ning to such c'asses of cases as the chairman may, 15 by general or special order, specify: provided that if at any stage of the heating of any such case or matter, it appears to the chairman or such member that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members the case or matter may be transferred by the 20 chairman ot', as the case may be, referred to him for transfer, to such bench as the chairman may deem fit (5) subject to the othetr provisions of thio; act, the benches shall sit at such places as the central govemment may, by notification, sperlfy 5 (1) a person shall not be quahfied for appointment as the chairman 25 un less he-i qualj&a dodi for (a) is or has been, a jud~e of a high court; or i appou (b) has, for at least two years, held the office of vice-chairman, meat u cbairmad, (2) a person shall not be qualified for a!)pointment as vice--chairman ~ unless he-' or other member 30 (a) is, or has been or is qualified to be a judge of a high court; or (b) has been a memb~r of the indian lellal service and has held a post in grade i of that service or any higher post for a least five years; or 35 (c) has, for at least five years, held a civil juaicial post carrying a scale of pay' whirh is not less than tbat of ~ joint secretary to the government of india; or 40 (d) has 'for rt least five vears held a 'dost under a railway administration carrying a scale of pfly which is not ]es~ than that of a joint secretary to the' government of india and has anequate knowledge of rulel> nnd nrocedure of an(j experience in chims and commercial matters relating to railways; or (e) has for a period of not less th~m three years, held office as a ju6iicial member or a technical member 45 (1) a person shall not be quajifled for appointment as a judicial member unless he--i ' (a) is, or has bepn, or is qllrtlifieri to be, a jucige of a high court; , or (b) has been a member of the indian legal service and has held a post in grade i of that service for at least three years; or (c) has, tor at least three years, held a civil judicial post carry ing a scale of pay which is not less than that of a joint secretary to the government of india s (4) a person shall not be qualified for appointment as a technical member unless he has, for at least three years, held a post under a railway administration carrying a scale of pay which· is not less than that of a joint secretary to the govern~nt of india and has adequate knowledge of rules and procedure of, and experience in, claims and com- 10 mercial matters relating to railways (5) subject to the provisions of sub-section (6), the chairman, vice-chairman and every other member shall be appointed by the president (6) no appointment of a person as the chairman shall be made except after consultation with the chief justice of india is 6 (1) in the event of the occurrence of any vacancy in the office of the chairman by reason of his death, resignation or otherwise, such one of the vice-chairmen as the central government may by notification, authorise in this behalf shall act as the chairman until the d~te on which a »ew chairman, appointed in accordance with the provisions of this 20 act to fill such vacancy, enters upon his offtce yicc-olafr man to act as chairman or 10 d charp hii functiona in certain circum&-tadc:oi (z) when the chairman is unable to dischar~e his functions owing to absence, illness or any other cause such one of the vice-chairmen as the central government may, by notification, authorise in this behalf, shall disc-harlte the functions of the chairman until the date on which 25 the chairman resumes his duties term 01 office 7 the chairman vice-chairman or other member shall ho1d office as such for a term of five years from the date on which he enters upon his office or until he attains,-i (a) in the case of the chairman, the age of sixty-five years; and 30 (b) in the case of the vice-chairman or any other member, the age of sixty-two years whichever is earlier iloaignadon and removal 8 (1) the chairman vice-chairman or other member may hy notice in writ1n~ under hi!'! hand addres!'!ed to the president resilm hio:; offiee: '35 provided that the chairman vice-chairman or other mf'mbe~ o:;hall unles!l he is permitted by the president to relinquish hi!'! office sooner, continue to hold offic-e until the expiry of three month!'! from the date of receipt vf such notice or until a person dl11v apooln+erl ::l!'! his successor ~ enters ul)on his offtce or until the expiry of his term of office whichever is the earliest i (2) the chairman vice-chairman or ::lnv other memher ~h~l' not be removed from his offtce except bv an order made bv the pre"lf"ent on thp ground of proved misbehaviour or incapacitv after an innllirv m::lde bv a judrte of the supreme c01lrt in which !'iuch ch:tirman vlce-chafr- 45 man or other mf"mber hart been informe'l of the char!!ps altainst 'him and p,iven a reasonable opoortunitv of being heard in respect of those (''har~es (3) the central government may by ruler re~ulate the nrocedure fm th investigation of mio!behaviour or incaoacitv of the chl'lirman, vke-chalrman or othf'r mem btlr referred to in sub-!ilection (2) so 9 the salaries and allowances payable to, and the other terms an4 conditions of service (includinj: pensled, gratuity and other retirement benefits) of, the chairman, vice·chairman and other members shall be such as may be prescribed: ~ aod allowances and other cerms and 5 provided that neither the sabry and allowances nor the other terms conditiodi of aernce and conditions of service ~f the ellairman, vice-chairman ['01' other of chair-member shall be varied to his disadvalltage after his appointment man, vice-chairman and other members 10 on ceasing to hold office-10 (a) the chairman of the claims tribunal shall be ineligible for further employment either under the government of india or under the government of a state; - 15 (b) a vice-chairman shall, subject to the other provisions of this act, be eligible for appointment as the chairman of the claims 'l'ribunal, or as the chairman, vice-chairman or member of any other 'l'ribunal established under any law for the time being in force, but not fol' any other employment either under the government of india or under the government of a state; provisioo as to the holding of omce by chairman, vice-chairman, ele, on ceasing to be such chairman or vlco-chairmen, etc 20 (t) a member (other than the chairman or vice-chairman) shall, subject to the other provisions of this act, be eligible for appointment as the chairman or vice-chairman oras the chairman, vice-chairman or mem~r of any other tribunal established under any law for the time being in force, but not for any other employment either under the government of india or under the government of a state; (d) the chairman, vice-chairman or other member shall not 25 app,ear, act or plead before the claims tribunal expzanation-for the purposes of this section, employment under the government of india or under the government of a state includes employment under any local or other authority within the territory of india or under the control of the government of india or under any 30 corporation or society owned or controlled by the government finaoc:i&l and administrative powera of chairman 11 the cllairrnan shall exercise such lmancial and administrative powers over the benches as may be vested in him under the rules: provided that the chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to the 35 vke·chairman or any other officer of the claims tribunal, subject to the condition that the vice-chairman or such officer shall, while exercising such delegated powers, contii1~ to act under the direction, control and supervision of the chairman 12 (1) the central government shall detennine the nature and 40 categories of the officers and other employees required to assist the claims tribunal in the discharge of its functions and provide the claima tribunal with sllch officers and other employees as it may think fit (2) the omcers and other employees of the claims tribunal shall discharge their functiljns under the general superintendence of thechafr 45 man (3) the salaries ,and aljow8llces and codditiods of service of the dlcera aad other employees of the clabd triblulal shall be such as dlaj' be prescribed chapter iii jurisdiction, powers and authoro'y of claims ttibunal 513 (l) the claims tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately befo~ that day by any civil court or a claims commissioner appointed under the provisions of the railways act,-jmilldictioll, powcl'l and authority of claiml tribudal (a) relating to the responsibility of the railway administrations 10 as carriers under chapter vii of the railways act in respect of claims for-(i) compensation for loss, destruction, damage, deterioration or non-<ielivery of animals or goods entrusted to a railway administra~on for carriage by railway; 15 (ii) compensation payable under section 82a of the railways act or the rules made thereunder; and i (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in res~t of animals or goods entrusted to a railway administration to be carried by railway 20 (2) the provisions of the railways act and the rules mad¢ thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the claims tribunal under this act 14 (1) where any benches are constituted, the central government may, from time to time, by notification, make provisions as to the distri- 25 bution of the business of the claims tribunal amongst the benches and specify the matters which may be dealt with by each bench distribution o1busi !ilebs amonpt benches (2) if any question arises as to whether any matter falls within the pui'\tiew of the business allocated to a bench, the decision of the chairman shall be final 30 explanation-for the removal of doubts, it is hereby declared that the expres!>ion - 'matters " includes an application under section 20 | bar ||-----------|| jurildic- || tioa |15 on and from the appointed day, no court or other authority sha!l have, or be entitled to, exercise any jurisdiction, powers or authority in i'plation to the matters referred to in sub-section (1) of section 13 35 chapter iv pbocedulle18 (1) a person seeking any relief in respect of the matters referred to in sub-section (1) of section 13 may make an application to the claims tribunal 40 application to oaima tn"bodal (2) every application under sub-sedion (1) shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed: provided that no such fee shall be payable in respect of an application under sub-clause (ii) of clause (a) of sub-section (1) of section 13 17 (1) the claims tribunal shall not admit an application for any limitatiod claim,-i 5 (a) umrer sub-clause (i) of clause (a) of sub-section (1) of section 13 unless th~ application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by railway; 10 (b) under sub-clause (ii) of clause (a) of sub-section (1) of section 13 unless the application is made within one year of occurrence of the accident; (c) under clause (b) of sub-section (1) of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration: 15 provided that no application for any claim referred to in subclause (i) of clause (a) of sub-section (1) of section 13 shall be preferred to the claims tribunal until the expiration of three months next after the date on which the intimation of the claim has been preferred under section 78b of the railways act 20 (2) notwithstanding anything contained in sub-section (1), an application may be entertained after the period specified in sub-section (1) if the applicant satisfies the claims tribunal that he had sufficient cause for not making the application within such period procedure and powers of claims tribuaal 18 (1) the claims tribunal shall not be bound by the procedure laid s of 1908 down by the code of civil procedure, 1908, but shall be guided by the 25 principles of natural justice and, subject to the other provisions of this act and of any rules, the claims tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry (2) the claims tribunal shall decide every application as expedi-30 tiously as possible and ordinarily every application shali be decided on a perusal of documents, written representations and affidavits and after hearing such oral arguments as may be advanced (3) the claims tribunal shall have, for the purposes of discharging its functions under this act, the same pow~rs as are vested in a civil s of 1908 35 court under the code of civil procedure, 1908, while trying a suit, in res- pect 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; 40 1 of 1872 45 (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisitioning any public record or document or copy of such record or document from any otlice; (e) issuing commissions for the examination of witnesses or documents; (i) reviewing its ·decisions; (g) dismissing an application for default or deciding it ~x patte: (h) setting aside any order of dismissal of any application for default or any order passed by it ex parte; 1liaht to lepl repreeenta-1ation and preeentlng omcen (i) any other matter which may be pl'escrlbed 19 (1) a person making an application to the claims tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the claims tribuna} (2) a railway administration may authorise one or more legal 5 practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before the claims tribunal 20 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 10 or on his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to any other bench power of chairman to trimsfer cues from one bench 10 another decision to be bv majority 21 if the members of a bench di1fer in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairman who shall either hear the point or points himself 15 or refer the case for hearing on such point or -points by one or more of the other members and sucll 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 executioil of orden of claima tribunal 2% (1) an order made by the claims tribunal under this act shall 20 be executable by the claims tribunal as a decree of civil court and, for this purpose, the claims tribunal shall have all the powers of a civil court (2) notwithstanding anything contained in sub-section (1), the claims tribunal may transmit any order made by it to a civil court 25 having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court chapi'er v appeals appeals 23 (1) save as provided in sub-section (2) and notwithstanding any- 30 thing contai~ed in the code of civil procedure, 1908 or in any other law, s of 1908 an appeal shall lie trom every order, not being an interlocutory order, of the claims tribunal, to the high court having jurisdiction over the place where the bench is located (2) no appeal shah lie from an order passed by the claims tribunal 35 with the consent of the parties (3) every appeal under this section shall be preferred within a period of ninety days from the date of the order appealed against chapter vi mlsc:b:lianjrus 40tradlfer of pending cues 24 (1) every suit, claim or other legal proceeding (other than an appeal) pending before any court or, claims commissioner other authority immediately before the appointed day, being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, within the jurisdiction of 4s the claims tribunal, shall stand transferred on that day to the claims tribunal (2) where any suit, claim or oth,er legal proceedin~ stands tnmsferred from any court, claims commissioner or other authorhly to the claims tribunal under sub-section (1) ,- , '(a) the court, claims commissioner or other authority shall, as 5 sool1 as may be after such transfer, forward the records of such suit, claim or other legal proceeding to the claims tribunal; (b) the claims tribunal may, on· receipt of such records, proceed to deal with such suit, claim or other legal proceeding, so far as may be, in the s~me manner· as an application, from the stage which was 10 reached before $uch transfer or from any earlier stage or de novo as the claims tribunal may deem fit 25 all proceedings before the claims tribunal shall be deemed to be 45 of 1860 judi~ial proceedings within the meaning of sections,~ 219, and 228 of the indian penal code proceedings boforo claims tribunal to be judicial proceedings 15 ~6 the chairman, vicechairman and other members and the officers 45 of 1860 and other employees of the claims tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code membeq and staff of claim! tribunal to be public servants protecuoil of action taken in good faith 2i1 no suit, prosecution or other legal proceedings shall lie against the central government or against the chairman, vice-chairman or 20 other member, or any other person authorised by the chairman, vice-chairman or other member {or anything which is in good faith done or intended to be done' in pursuance of this act or any rule or order made thereunder act to have overriding effect 28 the provisions of this act shall have effect notwithstanding any-25 thing inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law pther than this act power to remowl difficultiea 219 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official 30 gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necess~ry or' expedient for removing the diftlcul ty : provided that no such order shall be made after the expiry of a period of three years from the appointed day 35 (2) every order made under this 'section shall, as soon as may be after it is made, be laid before each house of parliament 30 (1) the central government may, by notification, make rules to carry out the provisions of this act (2) without prejudice to the generality of the foregoing powers, such 40 rules may provide for all or any of the fol!owing matters, namely:-(a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the chairman, vice-chairman or other member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the chairman, vice-chairman and other members under section 9; i (c) the futancial and administrative powers which the chairman 5 may exercise over the benches under section 11 j (d) the salaries and allowances and conditions of service of officers and other employees of the claims tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence 10 to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (j) the rules subject to which the claims tribunal shall have power to regulate its own procedure under sub-section (1) of 15 section 18 and the additional matters in which the claims tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that ¥ction; (g) any other matter which prescribed is ;required to be, or may be, i 20 (3) every rule made under this act shall be laid, as soon as may be after it is made, before each how;e 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 ¥"ion immediately following the session or the successive sessions 25 aforesaid, both houses agree in making any modiflcation in the rule or both houses agree that the rule should not be made, the rule shall thereafter have ~1fect 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 30 that rule chapter wi amendments to the railways act31 in section 3 of the railways act, after clause (18), the following clause shall be inserted, namely: -3s amendment of section 3 '(19) "claims tribunal" means the railway claims tribunal established under section 3 of the railway claims tribunal act, 1987' 32 in section 78a of the railways act, for the word "suit", the words "application befor~ the claims tribunal" shall be substituted amendment of section 7sa 33 for section 80 of the railways act, the following section shall be 40 substituted, namely: -; substitution df new leo-tion for aectiog 80 application for compensation "80 an appllcation to the claims tribunal fo;: compensation for loss of the life of, or personal injury to, a passenger or for loss, destruction, damage, deterioration or non-delivery of animals or goods may bemade,-s (a) if the passenger was, or the animals or goods were, booked from one station to another on the railway of the same railway administration, against that railway administration; (b) if the pab¥nger was, or the animals or goods were, booked through over the railway of two or more railway 10 administrations, against the railway administration from which the passenger obtained his pass or purchased his ticket or to which the animals or goods were delivered for carriage, as t¥ case may be, or against the railway administration on whose railway the destination station lies, or the loss, injury, destruct5 tion, damage or deterioration o~" 34 sections 82b, 82d and 82f of the railways act shall be omitted omission of sections 82b, 82d and b2f 315 in section 82c of the railways act,-amendment of section 82e (a) in sub-section (1), for the words "claims commissioner", the words "claims tribunal" shall be substituted; (b) sub-section (2) and the explanation thereto shall be omitted 20 36 in sections 82e, 82g and 82hh of the railways act, for the words "claims commissioner", wherever they occur, the words "claims tribunal" shall be substituted amcddment of seotion 821 amendment of seetions 82e, 820 and 82hh 37 in section 821 of the railways act, for the words, figures and 25 letters "sections 82a to 82hh", the words, figures and letters "sections 82a, 82c, 82e arid 82g to 82hh" shall be substituted 318 in section ·82j of the railways act,-30 amcnd-(a) in sub-section (1), for the words, figures and letters "sections ment 01 82a to 82h inclusive", the words, figures and letters "sections 82a, section section 82c, section 82e, sections 82g and 82h" shall be substituted; 821 (b) in sub-section (2), clause (i) and clauses (iv) to (vi) shall be omitted statement of objects and reasonsthe substantive liability of the railway administration for loss deii-truction, damage, non-delivery or deterioration of goods entrusted to them for carriag,e, and for death or injury, or loss, etc, to a passen~r in a railway accident involving a passenger train is laid down in the indian railways act, 1890 the consignorslconsignees and passengers or their representatives prefer claims for compensation against the, railway administration those who claim compensation for loss of and damage to booked goods and are not satisfied with the decisions of the railway administration, file suits in the courts of law claims for compensation for qeath of, or injury, or loss, etc, to passengers in train accidents are at present settled by claims commissioners 2 as the litigation in the courts of law and before the claims commissioners is very protracted, it has been decided to set up a specialised tribunal for speedy adjudication of such claims the setting up of scch a claims tribunal with benches in different parts of the country, and with judicial and technical members, will provide much relief to the rail-users by way of expeditious payment of compensation to the victims of rail:accidents and to those whose goods are lost or damaged in rail transit the claims tribunal will also expedite settlement of disputes regarding refund of fares and freight charges it will reduce the burden on the various civil courts in the country, thereby giving them more time to decide other cases speedily 3 the bill seeks to give effect to the above objectives the bill also inter alia provides for-(a) the jurisdiction, powers and authority which may be exercised by the claims tribunal; (b) the procedure (including provision as to lirnifation) to be followed by the claims tribunal; (c) the exclusion of jurisdiction of all courts exercising ordinlujr original civil jurisdiction relating to specified claims for compensation and refun4 against the railway administration; (d) the transfer to the claims tribunal of any suit or other proceeding, other than an appeal pending before anf court or other authority immediately before the establishment of such claims trib'mal as would have been within the jurisdiction of such claims tribunal if the cause of action on which such suits or proceedings are based had arisen after such establishment new d!:lm; madha vrao scindia ¥'j the 30th october, 1987 clause 2-this clause defines the various expressions occurring in the bill clause 3-this clause provides for the estabusht¥nt of the railway claims tribunal by the central government clause 4-this clause provides for composition of the claims tribunal and benches thereof provision has, however, been made for enabling the chairman or any other member of the claims tribunal authorised by the chairman in this behalf to function as a bench consisting of a single member in resp;ect of such class of cases or matters as the charman mav, by order, specify clause 5-this clause makes detai],ed provisions regarding the qualifica tons to be fulfilled for appointment as the chairman, vice_chairor other member clause 6-this clause indicates the circumstances under which a vice-chairman may act as the chairman or discharge the functions of the chairman clause 7-this clause fixes the tenure of the chairman, vice-chairmen and other members subject to a maximum age limit clause s-this clause details t~ procedure for resignation or removal of the chairman, vice-chairmen and other members clause 9-this clause provides for framing of rules by the central government to regulate th,e salaries and allowances and other conditions of service of the chairman, vice-chairman and other members clause 10-this clause provides for certain restrictions on the turthpr employment of the chairman, vice-chairman and other members on their ceasing to hold office with a provision for further employment of a member as vice-chairman i chairman and the further employment of a vice-chairman as chairman clause n-this clause provides for framing of rules defining financial and administrative powers of t~ chairman, with provision to enable the chairman to delegate his powers to the vice-chairman or any officer of the clalms tribunal clause 12-this clause provides that the central government shall provide the staff for the functioning of the claims tribunal it empowers central government to frame rules for regulating the l>alarics allowances and other conditions of service of the staff clause l3-this· clause defines the jurisdiction, powers and authority of the claims tribunal in regard to clalms in respect of matters specified therem clause 14-this clause empowers the central government to make provis:ons, by notification, as to the distribution of business of the cla~ms 'i'ribunal amongst the benches and specify the matters which may be dealth with by each bench clau8e 15-this clause provides for the exclusion of jurisdiction of all courts and authorities with regard to the matters mentioned in clause 13 clause 16-this clause provides for making an application and payment of fee to the claims tribunal by an aggrieved person covered by this act this also t>mpowers the central government to determine by rules the rate of fees clause 17-this clause provides for limitation on admission of applications from the aggrieved persons by the claims trlbural clause lb-this clause provides that the claims tribunal shall have the power to regulate its own procedure subject to the other provisons of this act or of any rules made by the central government it also invests the claims tribunal with various powers necessary for dischargng its functions as are vested in a civil court claw;e }9-thls clause provides for the aggrieved persons taking the assistance of a legal practitioner and the railway administration present jng its case through its presenting officer or legal practitioner clau:e 20-this clause defines the powers of the chairman to transfer cases from one bench to another bench clause 21-this clause provides for decision by the majority of the claims tribunal nnd also prescribes the procedure to be followed when there is no majority cla~ 22-this clause indicates the man~er in which orders of the claims tribunal may be executed clause 23-this clause provides for an appeal against an order of the claims tlibunal to the high court clause 24-this clause provides for the transfer to the claims tribunal of all cases relating to claims specified in clause 13, pending before courts or authonties except appeal cases clause 25-this clause makes it clear that all proceedings before t~e claims tribunal shall be deemed to be judicial pro~eedings clause 26-this clause makes it clear that members and staff of the claims tnbunal shall be deemea to be public servants clau!le 27-th;s clause provides for protection of the central government or the chairman, vice-chairmen or other members in res~ of anything done in good faith in pursuance of this act clause 28-this clause is for giving overriding effect to the provisions of this legislation clause 29-this claus:e empowers the central government to make suitable provisions for removing any difficulty in giving ~ect to the provisiors of this legislation clause 3o-this clause provides for the making of rules by the central government or the chairman, vice_chairmen or other membesrs for laying of rules clause 31 to 3o--these clauses provide for certain consequential amendments to the railways act t~ railway claims tribunal bill, 1987 provides for the adjudication of claims against the railway administration in relation to compensation for death or personal injury to a passenger or for loss, destruction, nondelivery, etc, of good!! entrusted to a railway administration for carriage, and refund of fares and over-charges on freight 2 according to clause 4 of the bill, the claims tribunal shall consist of a chairman, four vice-chairmen and such number of judicial and technical members as the ~ntral government may deem fit clause 9 provides that the salaries arid allowances payable to the chairman, vice-chairmen and other members shall be such as may be prescribed by the central government clause 12 provides that the ce<ltral government shall determine the nature and categories of officers and other employees required to assist the claims tribunal in discharge of its functions and provide the claims tribunal with such officers and other employees as it may think fit the salaries and allowances and conditions of service of the officers and other employees of the claims tribunal shall be prescribed by rules made by the central government these are the provisions in the bill which will have financial implications once it is enacted ' 3 to start with, it is proposed to set up 19 benches at such places as may be specified by the central government it has also been proposed that the benches may hold their sittings at different stations within their jurisdiction the number of benches required will be review~ from time to time on the basis of workload and experience gained the immediate requirements of the post of chairman, vice-chairmen and members for the proposed claims tribunal will be as indicated ¥aw:-| s1 | no ||---------------|-----------|| n arne of | || the | || post | no || of | the posts || pay | || 1 | || chairman | || 1 | || rs | 8,000 || fixed | || 2 | || vice-chairman | || 4 | || rs | || 7,300-7,600 | || 3 | || member | || 33 | || rs | || 7,300-7,600 | |4 for their efficient functioning, the claims tribunal and benches thereof will require adequate supporting staff it is not possible to indicate precisely at this stage the exact number and the categories of staff required far different benches of the claims tribunal expenditure will also be incurred on rent for hired accommodation, acquisition of furniture and fittings, office equipment like typewriters, almirahs, filing cabinets, duplicating machines, etc on a r~>ugh estimate the recurring expenditure is expected to be of the order of rs 138 lakhs per year this ~xpenditure will be partly met by some savings in litigation expenses, travelling e~penses, costs incurred on appointment of ad hoc claims commissioners, etc some additional revenue will also acc'l'ue by way of fees payable by the claimants at the time of filing applications to the claims tribunal, as provided in clause 16 of the bill the net recurring expenditure is estimated at rs 23 lakbsper annum to start with ,the non_recurring expenditure is expected to be of the order of rs 40 lakhs 5 it ii\ay be stated that though the setting up of the claims tribunal involves additional expenditure from the consolidated fund of india, the claims tribunal is expected to go a long way in reducing the burden on the courts and providing an exclusive and permanent forum for speedy disposal of claims of rail users against railway administration clause 29 empowers the central government to issue orders for removal of any difficulty which may arise in giving effect to- any provision of the bill and further i?i'ovides that every order so made shall be laid before each ho\:lse of parliament 2 sub-clause (1) of clause 30 empowers the central government to make, by notification in the official gazette, rules to carry out the provisions of the bill the matters in relation to which stich ru1:es are to be made hav:e been specified in sub-clause (2) of that clause such matters inter alia include the salaries and allowances payable to, and other terms and conditions of service of, the chairman, vice-chairmen and other members, offiqers and other employees of the claims tribunal; the manner in which the procedure of the claims tribunal shall be regulated; the financial and administrative powers which the chairman shall exercise ov~r the benches; the form of application to be made to the cla~ms tribunal and the fee to be accompanied therewith and nddl tional matters in relation to which the claims tribunal may exercise the powers of a civl1 court 3 sub-clause (3) of clause 30 provides for laying of the rules made by the central government before each house of parliament i 4 the mattus in respect of which such orders and rules may be made are ma!ters of ¥tail and procedure the delegation of the legislative powers is, therefore, of a normal character annexure extracts from the indian railways act, 1890 (9 of 1890) - • - ,- dcfini tions 3 in this act, unless there is something r~ugnant in the subject or context,-- - - - , 7sa in any suit against a railway administration for compensation for any (le1ay, loss, destruction, daplage, deterioration, or non-delivery, the burden of proving-burden of proof in suits for oompemation (a) in the case of animals, the value thereo'f, or the higher value declared under section 77 a, and where the animal has been injured, the extent of the injury, or (b) in the case of anv parcel or package, the value of which has been declared under seciion 77b or any article mentioned in the second schedule not contained in any parcel or package, the value of which has been declared under that section, that the value so declared is its true value, shall lie on the person claiming the compensation, but, subject to the other provisions contained in this act, it shall not he necessary fat him to prove how the de!ay, loss destruction, damage, deterioration or nondelivery was caused suits for compensation so a suit for compensation for loss of the life of, or personal injury' to, a passenger or for loss, destruction, damage, deterioration or nondelivery of an:mals or goods may be instituted-, (a) if the passe·nger was, or the animals or goods were, booked from one station to another on the railway of the same railway administration against that railway administration; (b) if the passenger was, or the animals or goods were, booked through over the railway of two or more railway administrations, arainst the railway administration from which the passenger obtained his pass or purchased his ticket or to which the animals or goods were delivered for carriage, as the case may be, or against the railway administration on whose railway the destination station lies, or the loss, injury, destruction, damage or deterioration occurred; and, in either case, the suit may be instituted in a court having jurisdiction over the place at which the passettger obtained his pass or purchased his ticket or the animals or goods' were delivered for carriage, as the case may be, or over the place in which the destination statiol', lies, dr the loss, injury, destruction, damage qr deterioration occurred - - - - claims commis 828 the central gov;ernment may, by notification in the omcial gazette, appoint any person to be a claims commissioner for such local area or for such accident or accidents as may be specified in the notification 82c (1) an a~plic'8tion for compensation under section 82a arising out of any accident of the nature specified therein may be made-application for compensation (a) by the person who has sustained the injury or suffered any loss, or (b) by any agent duly authorized by such person in this behalf, or (e) where such person is a minor, by his guardian, and (d) where death has resulted from the accident, by' any dependant of the deceased (2) no application for compensation under this section shall be entertained unless it is made within three months of the occurrence of the accident, but the claims commissioner may on good cause shown allows any application to be made at any time within one year of such occurrence820 (1) in inquiring into and determining any claim for compensation payable under section 82a, the claims commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit procedure and powers of claims commissioners (2) the claims commissioner shall have all the po~rs of a civil court for the purpose of taking evidence on oath (which the claims commissioner is hereby empowered to ii~pose) and of enforcing the attendance of witnesses and compelling the discovery and production of documents and material objects and the claims commissioner shall be de:emed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure, 1898 5 of 1898 (3) subject to any i1lles that may be made in this behalf, the claims commissioner may, for the purpose of determining any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist him in holding the inquiry [10] m c gonzalez-garcia, m c gonzalez-garcia, mliability to pay 82f (1) any question as to the liability of the railway administration to pay compensation under section 82a or as to the amount thereof, or as to the person to whom such compensation is payable, shall be decided by the claii-ns commissioner i - compensa~ tion, etc • to be decided by oalms commift" sionen (2) any person aggrieved by a decision of the claims commissioner refusing to grant compensation, or as to the amount of compensation granted to him, may prefer an appeal to the high court having jurisdiction in the place where the accident occurred: provided that nothing in this sub-section shall be deemed to authorise the high court to grant compensation in excess of the limit specified in section 82a (3) the period of limitation for an appeal under this section shall be ninety days i 'of 1908 (4) the provisions of section 5 of the indian limitation act, 1908, shall be applicable to appeals under this section (5) subject to the decision of the high court in cases in which an appeal is preferred under sub-section (1), the decision of the claims commissioner on any question referred to in sub-section (1) shall be final and shall not be called in question in any court 82g (1) a railway administration shall comply with an order for compensation, including an interim order for compensation und;er section 82e forthwith by depositing the amount of the· compensation with the claims commissioner recovery and payment of compensation (2) wher~ arty compensation has been deposited as required by subsection (1), the railway administration shall notwithstanding anything in any other law for the time being in force be discharged from all liability to any person whatsoever in res~ct of any compensation so deposited (3) any compensation deposited with the claims commissioner under section 82e or this section shall, with the least possible delay, be paid to the applicant for compensation to whom it is payable (4) where there are more applications than one for compensation, the compensation may be apportioned amon~st the applicants in 'such manner as the claims commissio'ner thinb fit or may be allotted to the applicant who in the opinion of thecjaims commissioner is best entitled thereto: provided that the claims coml'l"lssioner shan in any case in which he proposes to proceed under this sub-section require as a condition precedent to the granting of compensation that the person to whom the compensation is to be paid shall give to the claims commissioner a bond with one or two sureties, or othc:- sufficient security for rendering an account of the compensation rerf'ived bv him and for indemnity of persons who may be entitled to t!1e whole or any part of th~ compensation (5) the claims commissioner may on application made to him by petition and on cause shown to hi, satisfact;on, and upon such terms as he thinks fit, assign the bond' or other securitv rriven under sub-section (4) to' some proper person, and that person shall thereupon be entitled to sue thereon in his o\vn name as if it ·had been orip,inally given to him instead of to the claims commissioner and to recover, ~s trustee for all persons interested, such ·amount as iylay be recoverable thereunder iii iii iii interim relief by railway administration 82hh (1) where on ret:'eil"t of [in application under rub-section (2a) of section 82c and aftcr makin,g' such enquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to an applicant for compensation immediately, it lilay pending determination af the actual amount of compensation pay able under section 82a, pay to any person who has sustained injury or suffered any loss, or where death has resulted froill the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at the rates prescribed under the rules made under section 821 (2) the railway administration shall, as soon as may be, after making an order regarding payment of interim relief under sub-section (1), send a copy thereof to the claims commissioner (3) any sum paid by the railway administration under sub-section (1) shall be taken into account by the qaims commissioner while determining the amount of compensation payable bar or certain legal procecdidp 821 no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be dolle in pursuance of sections 8za to 82hh inclusive or of any rules made under section 82j power to make rules 8u 0) the central government may, by notification in the official gazette, make rules to carry out the objects of sections 82a to 82h inclusive (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for-(i) the qualifications and conditions of service of claims commissioners; - - - - - (iv,) the manner in which claims for oompensation may be inquired into and, determined by the claims commissioner; (v) the matters in respect of which any person may be chosen to assist the claims commissioner under section 82d, and the functions exercisable by such person; (vi) generally for the effective exercis~ of any powers conferred on the claims commissioner - ' - - - a bnlto provide for the establishment of a railway claims tribunal for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or noo-delivery of animals or goods entjusted to it to- be carried by railway or for the refund of· fares or freight or for compensation for death or injury to passer gers occuriingas a r~sult of railway accidents and for matters connected therewith or incidental thereto - (shri madhavrao scindia, minister- of state of the ministry of r4izwallb)

Parliament_bills

dfb4eac5-fd54-512b-83c7-18d3ba8d2885

bill no 86 of 2015 the protection of children from sexual offences (amendment) bill, 2015 byshrimati poonam mahajan, mp a billfurther to amend the protection of children from sexual offences act, 2012be it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the protection of children from sexual offences(amendment) act, 2015short title and commencementamendment of section 432 of 20122 in the protection of children from sexual offences act, 2012 (hereinafter referred to as the principal act), in section 4, for the words "seven years", the words "ten years" shall be substiuted3 in section 5 of the principal act, clauses (j) and (t) shall be omittedamendment of section 54 after section 5 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 5a and 5b"5a whoever commits penetrative sexual assault on a child, which—14 of 1987lifeimpairing penetrative sexual assault5(a) physically incapacitates the child or causes the child to become mentally ill as defined under clause (1) of section 2 of the mental health act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or(b) in the case of female child, makes the child pregnant as a consequence of sexual assault; or10(c) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically, incapacitated, or mentally ill to perform regular tasks, is said to commit life-impairing penetrative sexual assault15repeated penetrative sexual assault5b whoever commits penetrative sexual assault on a child and who has been previously convicted of having committed any offence under this act or any sexual offence punishable under any other law for the time being in force is said to commit repeated penetrative sexual assault" 5 in section 6 of the principal act, for the words "ten years", the words "twenty years"shall be substitutedamendment of section 66 after section 6 of the principal act, the following sections shall be inserted, namely:—20insertion of new sections 6a and 6b"6a whoever, commits life-impairing penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and shall also be liable to finepunishment for lifeimpairing penetrative sexual assault256b (1) whoever, commits repeated penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and shall also be liable to finepunishment for repeated penetrative sexual assault(2) any person convicted of an offence of repeated penetrative sexual assault under section 5b shall be barred from employment in institutions established for the custody or care and protection of children"30amendment of section 87 in section 8 of the principal act, for the words "punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years", the words "punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years" shall be substituted8 in section 9 of the principal act, clauses (j) and (l) shall be omittedamendment of section 9359 after section 9 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 9a and 9b"9a whoever commits sexual assault on a child, which—lifeimpairing aggravated sexual assault14 of 198740(a) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the mental health act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or(b) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks, is said to commit life-impairing aggravated sexual assault9b whoever commits sexual assault on the child more than once or repeatedly is said to commit repeated aggravated sexual assault"5repeated aggravated sexual assault amendment of section 1010 in section 10 of the principal act, for the words "not be less than five years but which may extend to seven years", the words "not be less than seven years but which may extend to ten years" shall be substituted1011 after section 10 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 10a and 10b"10a whoever commits life-impairing aggravated sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life, and shall also be liable to finepunishment for lifeimpairing aggravated sexual assault1510b (1) whoever, commits repeated aggravated sexual assault shall be punished with rigrous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and shall also be liable to finepunishment for repeated aggravated sexual assault(2) any person convicted of an offence of repeated aggravated sexual assault under section 9b shall be barred from employment in institutions established for the custody or care and protection of children" statement of objects and reasonsindia is home to the largest child population in the world almost forty-two percent of the total population of the country is under eighteen years of age needless to say, the health and security of the country's children is integral to any vision for its progress and developmentone of the issues marring this vision of the country's future generations is the evil of sexual abuse of child statistics released by the national crime records bureau reveal that there has been a steady increase in sexual crimes against childrenthe ministry of women and child development, recognizing that the problem of sexual abuse of children needs to be addressed through less ambiguous and more stringent legal provisions enacted the protection of children from sexual offences act, 2012, which intends to effectively address the heinous crimes of sexual abuse and sexual exploitation of children in the countrywhile the protection of children from sexual offences act, 2012 provides for child friendly procedures for reporting, recording of evidence, investigation and trial of offences, the increase in the number as well as the brutality of sexual offences against children requires more stringent punishment against the perpetratorshence this bill annexure the protection of children from sexual offences act, 2012 (32 of 2012) 4 whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to finepunishment for penetrative sexual assault5 (a) whoever, being a police officer, commits penetrative sexual assault on a child— aggravated penetrative sexual assault(j) whoever commits penetrative sexual assault on a child, which—(i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the mental health act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or(ii) in the case of female child, makes the child pregnant as a consequence of sexual assault;(iii) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, mentally ill or mentally unfit to perform regular tasks; or (t) whoever commits penetrative sexual assault on a child and who has been previously convicted of having committed any offence under this act or any sexual offence punishable under any other law for the time being in force; or 6 whoever, commits aggravated penetrative sexual assault, 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 finepunishment for aggravated penetrative sexual assault punishment for sexual assault8 whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine9 (a) whoever, being a police officer, commits sexual assault on a child—aggravated sexual assault (j) whoever commits penetrative sexual assault on a child, which—(i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the mental health act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or(ii) inflicts the child with human immunodeficiency virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, mentally ill or mentally unfit to perform regular tasks; or (l) whoever commits sexual assault on the child more than once or repeatedly; or 10 whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to finepunishment for aggravated sexual assault lok sabha———— a billfurther to amend the protection of children from sexual offences act, 2012————(shrimati poonam mahajan, mp)gmgipmrnd—29ls(s3)—15-04-2015

Parliament_bills

359a77cc-37ff-5336-8db1-4a4857a624d5

bill no 12 of 2014 the appropriation bill, 2014 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 2013-14be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the appropriation (no ) act, 2014issue of rs46227,57,00,000out of theconsolidatedfund of indiafor thefinancial year2013-14appropria-tionthe schedule(see sections 2 and 3)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund rs rs rs1department of agriculture and cooperation revenue2,00,0002,00,0002department of agricultural research and education revenue3,00,0003,00,0003department of animal husbandry, dairying andfisheries revenue3,00,0003,00,000 capital1,00,0001,00,0004atomic energy revenue2,00,0002,00,000 capital4,00,00010,00,00,00010,04,00,0005nuclear power schemes revenue111,72,00,000111,72,00,000 capital12,40,00,00012,40,00,0009ministry of civil aviation revenue103,12,00,000103,12,00,000 capital1000,00,00,0001000,00,00,00010ministry of coal revenue1,00,0001,00,00011department of commerce revenue4,08,00,00062,00,0004,70,00,00012department of industrial policy and promotion revenue96,02,00,00096,02,00,00013department of posts revenue10,00,00010,00,00014department of telecommunications revenue436,28,00,000436,28,00,00017department of food and public distribution revenue1917,08,00,0001917,08,00,00019ministry of culture revenue2,00,000 2,00,00020ministry of defence revenue241,49,00,00022,00,000241,71,00,000 capital2,00,0002,00,00021defence pensions revenue996,46,00,0003,54,00,0001000,00,00,00022defence services—army revenue4711,37,00,000110,00,00,0004821,37,00,00023defence services—navy revenue949,69,00,00019,82,00,000969,51,00,00024defence services—air force revenue1032,51,00,00050,40,00,0001082,91,00,00025defence ordnance factories revenue1363,56,00,0003,20,00,0001366,76,00,00026defence services—research and development revenue125,15,00,000125,15,00,00027capital outlay on defence services capital1,00,0001,00,00030ministry of earth sciences revenue2,00,0002,00,000 capital2,00,000 2,00,00031ministry of environment and forests revenue2,00,0002,00,000 capital1,00,0001,00,00032ministry of external affairs revenue1,00,0001,00,00033department of economic affairs revenue360,42,00,000360,42,00,000 capital2,00,0002,00,00034department of financial services revenue2600,00,00,0002600,00,00,000 charged — interest payments revenue15500,20,00,00015500,20,00,00040pensions revenue1766,00,00,0001766,00,00,00041indian audit and accounts department revenue146,05,00,000146,05,00,00042department of revenue revenue2,00,0002,00,00043direct taxes capital1,00,0001,00,00046ministry of food processing industries revenue3,00,0003,00,00047department of health and family welfare revenue3,00,00018,47,00,00018,50,00,000 capital1,00,0001,00,00048department of ayurveda, yoga and naturopathy,unani, siddha and homoeopathy (ayush) revenue2,00,0002,00,00050department of aids control revenue12,01,00,00012,01,00,00051department of heavy industry revenue27,02,00,00027,02,00,000 capital91,61,00,00091,61,00,000| 1 | 2 | 3 ||-----------------------------------|----------------------------------------------------------------|-----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 53 | ministry of home affairs revenue | 3,00,000 || 55 | police revenue | 2,00,000 || | | capital || 56 | other expenditure of the ministry of home affairs revenue | 2,00,000 || 58 | ministry of housing and urban poverty alleviation revenue | 1,00,000 || 59 | department of school education and literacy revenue | 3,00,000 || 60 | department of higher education revenue | 4,00,000 || 61 | ministry of information and broadcasting revenue | 1,00,000 || 62 | ministry of labour and employment revenue | 3,00,000 || 64 | law and justice revenue | 165,68,00,000 || | c | || harged | | || — | supreme court of india | revenue || 66 | ministry of micro, small and medium enterprises revenue | 3,00,000 || 68 | ministry of minority affairs revenue | 1,00,000 || 69 | ministry of new and renewable energy revenue | 1030,75,00,000 || | | capital || 73 | ministry of personnel, public grievances and | || pensions revenue | 1,00,000 | || 74 | ministry of petroleum and natural gas revenue | 10042,72,00,000 || 75 | ministry of planning revenue | 2,00,000 || 76 | ministry of power capital | 15,00,00,000 || 79 | rajya sabha revenue | 1,00,000 || | c | || harged | | || —union public service commission | revenue | || 82 | ministry of road transport and highways revenue | 611,51,00,000 || | | capital || 83 | department of rural development revenue | 1,00,000 || 86 | department of scientific and industrial research revenue | 1,00,000 || 87 | department of biotechnology revenue | 1,00,000 || 88 | ministry of shipping revenue | 299,36,00,000 || | | capital || 89 | ministry of social justice and empowerment revenue | 3,00,000 || 90 | department of space revenue | 2,00,000 || | | capital || 91 | ministry of statistics and programme implementation revenue | 13,80,00,000 || 93 | ministry of textiles capital | || 95 | ministry of tribal affairs revenue | 2,00,000 || 96 | andaman and nicobar islands revenue | 31,30,00,000 || | | capital || 97 | chandigarh capital | 6,00,000 || 100 | lakshadweep revenue | 1,00,000 || | | capital || 1,00,000 | | || 101 | department of urban development revenue | 1,00,000 || | | capital || 102 | public works revenue | 1,00,000 || | | capital || 105 | ministry of women and child development revenue | 1,00,000 || 106 | ministry of youth affairs and sports revenue | 1,00,000 || | t | || otal | | || : | | 30415,25,00,000 | 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 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 2013-14p chidambaram———— president's recommendation under article 117 of the constitution of india————[copy of letter no 4(2)-b(sd)/2014 dated 14 february, 2014 from shri p chidambaram, 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 2013-14, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation bill, 2014 in lok sabha and also the consideration of the bill———— 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 2013-14————

Parliament_bills

acd439cd-b67f-53c7-928f-033d33f05d02

" ,~\ ~:vr l ,'" \ ~" ~ ( i'''<''!"''''''' ("" " j\; , ,10,/ , ', )j:l'(' • j 3jljb i i the companies (profits) surtax bill, 1904short title and extent deftnlttonl, a blll to impose ii special ~ tm the profits of certain companies bit it enacte8 by parliament in the fifteenth year of the republic of india as follows:-' i' (1) this act may be called the companies (profits) surtax act, 1964 5 (2) it extends to the whole of india z in this act, unless the context otherwise requires,-(l) "assessee" means a person by whom surtax or any other sum of money is payable under this act and includes every person in respect of whom any proceeding under this act has 10 been taken for the assessment of his chargeable profits or of the amount of refund due to him or of the chargeable profits of any other person in respect of which he is assessable or of the amount of refund due to such other person; (2) "assessment" includes re-assessment; 15 (3) "assessment year" means the period of twelve months commencing on the 1st day of april, every year; (4) "board" means the central board of direct taxes of 1963 constituted under the central boardl of revenue act, 1963; (5) "chargeable profits" means the total income of an of 1981 20 assessee computed under the income-tax act, 1961 for any previous year or years, as the case may be, and adjusted in accordance with the provisions at the first schedule; (6) "income-tax act" means the income-tax act, 1961; (7) "prescribed" means prescribed by rules made under this 25 act; (8) "statutory deduction" means an amount equal to ten per cent of the capital of the company as computed in accordance with the provisions of the second schedule, or an amount of two hundred thousand rupees, whichever is greater: 2237 ls-l provided that where the previous year is longer or shorter than a period of twelve months, the aforesaid amount of ten per cent or, as the case may be, of two hundred thousand rupees shall be increased or decreased proportionately: provided further that where a company has cillferent previous 5 , years in respect of its income, profits and gains, the aforesaid increase or decrease, as the case may be, shan be calculated with retej:ellce·to_ the length of the previous year of the longest duration; and (9) all other words and expressions' used herein but not 10 defined and defined' in the inoointi-tax act shan have the meanings respectively assigned to them in that act tax authorities 3 (1) every director of inspectien, commissioner of income-tax, appellate assistant commissioner of income--tax, inspecting alaistant commissioner of 'inc011letax and income-tax ofilcer shall bave the 15 like powers and perform the like functions, under tllis act -s ~ ~, and performs under the in~ome-tax act, and -for the exereiae of hil powers and the performance of his functions, his jurisdiction under this act will be the same as that he has under the income-tax a,ct (2) all officers and persons employed in the execution of this act 20 shall observe and follow the orders, iilljtructions and directions of the, board: provided 'that no such orders, instructions or directions shall be given'so as to interfere with the discretiml: of-the appellate assistant commiss~9ner in the ex~rcise of his appellate functions 25 (3) every income-tax officer, employed ia the exec1jtion of this act, shall observe and follow the orders, instructions and, directions issu~d for his guidance by the di!ector of inspection or by the commissioner or by the inspecting assistant commissioner' undqr whose jwisdiction he performs his functions ", -30 char,e of tax 4 subject to the provisions contained in this act, there shall be charged on every company for every assessment year commencing on and from the first day of april, 1964, a tax (in this act referred to as the surtax) in respect of so much of its chargeable profits of the previous year or previous years, as the case may be, as exceed the 35 statutory deductibn, at the rate or rates speci1\ed iji the third schedule return ot chargeable profits 5 (1) in the case of every company whose chargeable profits assessable under this act exceeded during the previous year tae amount of statutory deduction, its principal officer, or where in the 40 case of 8 non-resident company any person has been treated as its agent under section 163 of the income-tax act, such person, shall furnish a return of the chargeable profits of the company during the previous year in the prescribed form and verified in the prescribed manner and setting forth such othier particulars as may be prescribed, before the 30th day of september of the assessment year: 5 provided that on an application made in this behalf, the incometax ofticer may, in his discretion, extend the date for the furnishing of the return (2) in the case of any company which in the income-tax officer's opinion is assessable under this act, the income-tax officer may, 10 before the end of the relevant assessment year, serve a notice upon its principal officer, or where in the case of a non-resident company any person has been treated as its agent under section 163 of the income-tax act, upon such person, requiring him to furnish within thirty days from the date of service of the notice a return of the is chargeable profits of the company during the previous year in the prescribed form and verified in the prescribed manner and settm, forth such other particulars as may be prescribed : provided that on an application made 'in this behalf, the incometax officer may, in his discretion, extend the date for the furnishing 20 of the return (3) any assessee who has not furnished a return during the time allowed under sub-section (1) or sub-section (2), or having furnished a return under sub-section (1) or sub-section (2) discovers any omission or wrong statement therein, may furnish a return or a 25 revised return, as the case may be, at any time before the assessment is made aaie ment 6 (1) for the purposes·of making an assessment under this act, the income-tax officer may serve on any person who has furnished a return under sub-section (1) of section 5 or upon whom a potice has 30 been served under sub-section (2) of section 5 (whether a return has been furnished or not) a notice requiring him ona date therein to be specifted, to produce or cause to be produced such accounts or documents or evidence as the income-tax officer may require for the purposes of this act and may from time to time serve further 35 notices requiring the production of such further accounts or documents or other evidence as he may require (2) the income-tax officer, after considering such accounts, documents or evidence, if any, as he has obtained under subsection (1) and after taking into account any relevant material which -40 he has gathered, shall, by an order in writing, assess the chargeable 2237(b) ls-2 profits and the amount of the surtax payable on the basis of such assessment provist_al ailed-ment 7 (1) the income-tax officer, before proceeding to make an assessment under section 6 (in this section referred to as the regular asaessment) may, at any time after the expiry of the period allowed s 1ldder sub-section (1) or sub-section (2) of section 5 for the furnishing of the return and whether the return has or has not been furnished, proceed to make in a summary manner a provisional aaseasment of the chargeable profits and the amount of the surtax payable thereon 10 (2) before making such provisional assessment, the income-tax oftlcer shall give notice in the prescribed form to the person on whom the provisional assessment is to be made of his intention to do so, and shall with the notice forward a statement of the amount of the proposed assessment, and the said person shall be entitled to is deliver to the income-tax officer at any time within fourteen days of the service of the said notice a statement of his objections, if any, to the amount of the proposed assessment (3) on expiry of the said fourteen days from the date of servke of the notice referred to in sub-section (2), or earlier, if the assessee 20 agrees to the proposed provisional assessment, the income-tax officer may, after taking into account the objections, if any made under sub-section (2) make a provisional assessment, and shall furnish a copy of the order of the assessment to the assessee: provided that assent to the amount of the provisional assessment, 2s or failure to make obj,ection to it, shall in no way prejudice the assessee in relation to the regular assessment (4) there shall be no right of appeal against a provisional 'asses&-ment made under this section (5) after a regular assessment has been mede any amount paid 30 or deemed to have been paid towards the provisional assessment' made under this section shall be deemed to have been paid towards the regular assessment; end where the amount paid or deemed to have been paid towards the provisional assessment exceeds the amount payable under the regular assessment, the excess shall be 3' refunded to the assessee 8 if-(a) the income-tax officer has reason to believe that by reason of the omission or failure on the part of the assessee to make a return under section 5 for any assessment year or 'to 40 disclose fully and truly all material facts necessary for nis assessment for any assessment year, chargeable profits for that year have escaped assessment or have been under-assessed or assessed at too iowa rate or have been made the subject of 5 excessive relief under this act, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the income-tax officer has in consequence of information in his possession reason to believe that chargeable profits assessable for 10 any assessment year have escaped assessment or have been under-assessed or assessed at too low a rate or have been the subject of excessive relief under this act, he may, in cases falling under clause (a) at any time, and in cases falling under olauie (b) at any time within four years of the end of 15 that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 5, and may proceed to assess or re-assess the amount chargeable to surtax, and the provisions of this act shall, so far as may be, apply as if the notice were a notice illsued under that section 20 9 if the income-tax officer, in the course of any proceedings penalu under this act, is satisfied that any person has, without reasonable cause, failed to furnish the return required under section 5, or to produce or cause to be produced the accounts, documents or other evidence required by the income-tax officer under sub-section (1) 2s of section 6, or has concealed the particulars of the chargeable profits or has furnished inaccurate particulars of such profits, he may direct that such person shall pay, by way of penalty, in addition to the amount of surtax payable, a sum not exceeding-(a) where the person has failed to furnish the return required 30 under section 5, the amount of surtax payable; (b) in any other case, the amount of surtax which would have been avoided if the return made had been accepted as correct: provided that the income-tax officer shall not impose any penalty 35 under this section without the previous authority of the inspecting assistant commissioner 10 no order imposing a penalty under section 9 shall be made gr::;-unless the assessee has been given a reasonable opportunity of being ot beinc beard heud appeals to the appellate assiatant cdmrnlaai 11 (1) any person objecting to the amount of surtax for which he is liable as assessed by the income-tax officer or denying his liability to be assessed under this act, or objecting to any penalty or fine imposed by the i~ome-tax officer, or to the amount allowed by the income-tax officer by way of any relief under any provisions 5 of this act, or to any refusal by the income-tax oftlcer to grant relief or to an order of rectification or amendment having the effect of enhancing the assessment or reducing the tefund, or to an order refusing to allow the claim made by the assessee for a rectification under section 13 or amendment under section 14 may appeal to the 10 appellate assistant commissioner (2) every appeal shall be in the prescribed form and shall be verified in the prescribed manner (3) an appeal shall be presented within thirty days of the following date, that is to say-15 (a) where the appeal relates to assessment or penalty or fine, the date of service of the notice of demand relating to the assessment or penalty or fine, or (b) in any other case, the date on which the intimation of the order sought to be appealed against is served: 20 provided that the appellate assistant commissioner may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period (4) the appellate assistant commissioner shall hear and deter- 25 liline the appeal and, subject to the provisions of this act, pass such orders as he thinks tit and such orders may include an order enhaneidr the assessment or penalty: provided that an order enhancing the assessment or penalty thall not be made unless the person affected thereby has been given a 30 reasonable opportunity of showing cause against such enhancement (5) the procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modiftcation, be in aecordabce with the procedure applicable in relation to income-tax appeals to appellete tribw1bl 12 (1) any assessee aggrieved by an order passed by a commij 35 sioner under section 16, or an order pused by an appellate assistant commissioner· under any provision of this act, may appeal to the appellate tribunal 88ainst such order (2) the commissioner may, if he ebjects to any order passed by the appellate assistant commissioner under any provision of this act, direct the income-tax officer to appeal to the appellate tribunal against the order s (3) every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the commissioner, as the case may be (4) the income-tax officer or the assessee, as the case may be, il) on receipt of notice that an appeal against the order of the appellate assistant commissioner has been preferred under sub-section (1) or sub-section (2) by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-15 objections, verified in the prescribed manner, against any part of the order of the appellate assistant commissioner, and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in sub-section (3) (5) the appellate tribunal may admit an appeal or permit the 20 filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period (6) an appeal to the appellate tribunal shall be in the prescribed 25 form and shall be verified in the prescribed manner and, shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4), be accompanied by a fee of one hundr,ed rupees (7) subject to the provisions of , this act, in hearing and making 30 an order on any appeal under this section, the appellate tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing and making an order on any appeal under the income-tax act recti fication of mist,akes 13 (1) with a view to rectifying any mistake apparent from the 35 record, the commissioner, the income-tax officer, the appellate assistant commissiqder and the appellate tribunal may, of his, or its, own motion or on an application by the assessee in this behalf, amend any order passed by him or it in any proceeding under this act within four years of the date on which such order was passed (2) an amendment which has the effect of enhaddng the asaessment or reducing a refund or otherwise increasing the liability of the assessee shall not be made under this section unlms the authority concerned has given notice to the assessee of its intention 80 to do and has anowed the assessee a reasonable opportunity of being heard 5 (3) where an amendment is made under this section, the order shall be passed in writing by the authority concerned (4) subject to the other provisions of this act, where any such atnehdment has the effect of r«lucing the assessment, the income-tax ofllcer shall make any refund which may be due to such assessee 10 (5) where any such amendment has the effect of enhaneing the assessment or reducing the refund already made, the income-tax oftlcer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable other amendments 14 where as a result of any order made under section 154 or 15 section 155 of the income-tax act, it is necessary to recompute the chargeable profits det9l1ilined in any 88ie8b!ilent under this act, the income-tax offtcer may proceed to recompute the chargeable profit&, and determine the surtax payable tjr refundable on the basis of such recomputation and make the necessary amendment and the provisions 20 of section 13 shall, so far as may be, apply thereto, the period of four years specified in sub-section (1) of that section being reckoned from the date of the order passed under the af9resaid sections of the income-tax act 15 notwithstanding anything contained in clause 0) of aeetion 25 109 of the income-tax act, in computing the distributable income of a company for the pul'polres of chapter xi~d of that act, the surtax payable by the company for any assessment year shall be deductible froin the total income of the company assessable for that as!essment year 30 surtax deductible in computin~ distributable inct:'me tmder lncome-tax act revision of orders prejudicial to revenue 16 (1) the commissioner may call for and examine the record of any proceeding under this act, and if he considers that any order passed therein by the income-tax officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or 35 causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an ornpr enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment (2) no erder shall be made under sub-section (1)-(a) to revise an order of re-aase88l11ent made under section 8, or (b) after the expiry of two years from the date of the order 5 sought to be revised (3) notwithstanding anything contained in sub-section (2), an order in revision under this section may be passed at any time in the cue of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of 10 the appellate tribunal, the high court or the supreme court ezplananon-in computing the period of limitation for the purposes of sub-section (2), any period during which any proceedmg under this section is stayed by an order or injunction of any court shall be excluded revision of orders by commissioner is 1'7 (1) the commissioner may, either of his own motion or on an application by the assesaee for revision, call for the record of any proceeding under this act which has been taken by an income-tax officer or appellate assistant commissioner subordinate to him and may make such inquiry or cause such inquiry to be made and, 20 subject to the provisions of this act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit (2) the commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously (3) in the case of an application for revision under this section by tlw u&eibee, the application shall be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever ia earlier: 30 provided that the commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period (4) the commissioner shall not revise any order under this 35 hctiod in the fouowini cases-(a) where an appeal against the order lies to the appellatl;' assistant commissioner or to the appellate tribunal but has n,,· been made and the time within which such appeal may be made has not expired, or, in the case of an appeal to the appellate 40 tribunal the assessee has not waived his right of appeal; or 2237 ls-2 (b) where the order is pending on an appeal before the appellate assistant commissioner; or (c) where the order has been made the subject of an appeal to the appellate tribunal (5) every application by an assessee for revision under this s section shall be accompanied by a' fee of twenty-five ru~s explanation 1-an order by the commissioner declining to inter£ere shall, for the purposes of this seetion, be deemed not to be an order prejudicial to the assessee explanation 2-for the purposes of this section, the appellate 10 assistant commissioner shall be deemed to be an authority subordinate to the commissioner ,application of provisions of income-tax act 18 the provisions of the following sections and schedules of the income-tax act and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, shall apply with such modifica- is tions, if any, as may be prescribed, as if the said provisions and the rules referred to surtax instead of to income-tax and super-tax:-2 (44), 131 to 136 (both inclusive), 138, 140, 156, 160, 161, 162, 163, 166, 167, 170, 173, 175,176,178, 179,220 to 229 (both inclusive), 231,232,233,237 to 242 (both inclusive), 244, 245, 254 to 262 (both 20 inclusive), 265, 266, 268, 269, 281, 282, 284, 287 to 293 (both inclusive), the second schedule and the third schedule: provided that references in the said provisions and the rules to the "assessee" shall be construed as references to an assessee as defined in this act 2s 19 (1) notwithstanding anything contained in the income-t&-,: act, all information contained in any statement or return made or furnished under the provisions of that act or obtained or collected for the purposes of that act may be used for the purposes of this act incf'me-tax papers to be available for the purposes ot this act (2) all information contained in any statement or return made 30 or furnished under the provisions of this act or obtained or collected for the purposes of this act may be used for the purposes of the income-tax act | failure ||------------|| deliver || returns, || etc |20 if any person fails without reasonable cause to furnish in due time any return under sub-section (2) of section 5, or to produce, or cause to be produced, any accounts or documents required to be 3s produced under section 6, he shall be punishable with fine which may extend to five hundred rupees, and with a further fine which may extend to ten rupees for every day during which the default continues falie statements 21 if a person makes in any return furnished under section 5, any statement which is false, and which he either knows or believes to be false, or does not believe to be true, he shall be punishable with simple imprisonment which may extend to six months, or with 5 fine which may extend to one thousand rupees, or with both; abetment ot talse returns, etc 22 if a person makes or induces in any manner another person to make and deliver any account, statement or declaration relating to chargeable profits liable to surtax which is false and which he either knows to be false or does not believe to be true, he shall be 10 punishable with simple imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both 23 (1) a person shall not be proceeded against for an offence under section 20 or section 21 or section 22 or under the indian penal is code except at the instance of the commissioner institution ot proceedin,s and composition ot offed,ees (2) the commissioner may, either before or after the institution of proceedings, compound any offence punishable under section 20 or section 21 or section 22 power to make exemption, etc, in relation to certain union territories 24 if the central government considers it necessary or expedient 20 so to do for avoiding any hardship cir anomaly or removing any difficulty that may arise as a result of the application of this act to the union territories of dadra and nagar haveli, goa, daman and diu and pondicherry, the central government may, by general or special order, make an e~mption, reduction in rate or other 25 modi1icat~on in respect of surtax in favour of any class of assessees or in regard to the whole or any part of the chargeable profits of any class of assessees power to make rules 25 (1) the board may, subj,ect to the control of the central government, by notification in the official gazette, make rules for 30 carrying out the purposes of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-(a) the form in which returns under section 5 may be 3s furnished and the manner in which they may be verified; (b) the form in which notice for making provisional assessment shall be given; (c) the form in which appeals under section 11 or section 12 may be filed and the manner in which they shall be verified; (d) the procedure to- be fbllowed en applicationa fer rectification of mistakes and applications· for refandsj (e) any other matter which by this act is to be; or may be, prescribed (3) the central government shan cause every rule made under 5 this section to be laid as soon as may be after it ismacie before each house of parliament while it is in ession for a total pei':lod of thirty days, which may be comprised; in one session 01" id two moe_hre sessions, and if, before the expiry of the seaaior ir· w~ it is· 80 laid or the session immediately following, both houbell- agne in 10 making any modification in the rule or both heubes agree that- the rule should not be made, that rule shall thereafter have t«ect cmly in such modified form or be of no effect, as the case may be; 80 however that any such m<xiiftcatioa or aumtfmeat &bau' be without prejudice·to the validity ofoything previously dade under tutnde 15 26 nothing contained in this act shall apply to any company which has no share capital thb first schedule esee section ~(s)]20 rules for compu'l'ing till: ckajiua8i&· iiiioi'l'hjin computing the chareeable profits of a previous year, the total income computed for that year under the income-tax act shan be idjusted as follows:-1 income, profits and gains and other sums falling within the following ~lauses shan ~ excluded from rch tlltallm:ome, 25 damely:-(i) any income chargeable under thelncom&'tu: act under the head "capital pin,s"; (ii) any compensation or other payment • is: mfernd to in clause (ii) of section 28 of the ibeom-tax alit; 30 (iii) profits and gains of any bmsines of- bfe' insurance; (iv) any income referred to in sub-section (2) of section 41 of the income-tn act; (v) the amount of profits and, gains derives from an industrial undertaking or· hotel, on which udder section 84 35 of the income-tax act incojmitax is, not payable;' '("di)inood'1e :chargeable under the income-t&x act under the hud "lnterest ,on securities" derived from any security ifjf ;the-oentral government issued ,or declared to be incometax free or from any security of a state government issued 5 income-tax free, the income-tax· whereon is payable by the :state govemment; trif)hby'sudl,ln respect of wl1ich a deduction of income-tax is allowed under the provisions of section 88 of the lmometax act,; 10 (!viti) iincome by way' of ,dividends from an indian 'c8dlpady ra,comp&ny -which has made the prescribed 'arl'liiljemants for tlhe daalm:athm and payment of dividends within lndia; (i,x) income by way of royalties received from govern-is )fteilt or8 :laaal authority or an,y indian concern; 1(%)'in ttre·oase!of allod1l'esicient company which has not l'ft84e the prescribed 'arnmgements for the declaration and ~t of ,dhddends within india, its income by way of an,y interest or fees for rendering technical services received 20 nom government or a loca1 authority or any indian concern; (o1ii) inthe case ofa banking company-(4) jany sum :which ~g the previous year is 'tramdi:rltid by ,it 110 :a reserve fund under sub-section ,(l-~ l{)fection 17 of theban~companiel act, 1949 or 25 is d~posited by it with the reserve bank of india under sub-clause (ii) of clause (0) of sub-section (2) of section 11 of that act, not exceeding the amount required under the aforesaid provisions to 'be so transferred or deposited, as the case may be, or 30 !(b) ailyawn tl:an&ferred by it durjng the previous ,eflr ,to any ie&erves in india including reserves not shown as such in its published balance-sheet in so far as the sums transferred to such 'reserves'are attributable to income chargeable to tax under the income--tax act 35 and have not been allowed as a deduction in -cumputing its total income under that act and in so far as the aggregate of such sums does not exceed the highest of the aggregate of such sums, -if any, bo "transferred 1taring any 'one 'of 'the three years prior to the ~pmvious year, 40 whichever is higher; (zii) the amount of ady deduction from the income-tax and super-tax chargeable on the total income allowed under the annual finance act in connection with export of any goods or merchandise out of india or the sale by a manufacturer of any articles to any person who exports them out of india 2 the balance of the total income arrived at after making s the exclusions mentioned in rule 1 shall be reduced by-(i) the amount of income-tax and super-tax payable by the company in respect of its total income under the provisions of the income-tax act after making allowance for any relief, rebate or deduction in respect of ijlcome--tax and 10 super-tax to which the company may be entitled under the provisions of the said act or the annual finance act, and after excluding from such amount-(a) the amount of income-tax and super-tax, if any, payable by the company in respect of any income is referred to in clause (i) or clause (ii) or clause (iii) or clause (viii) of rule 1 included in the total income; (b) an amount equal to the amount by which the rebate of super-tax admissible to the company under the provisions of the annual finance act is, under 20 the provisions of the said act, reduced with reference to any amount of dividends distributed by the company during the previous year relevant to the assessment year; (ii) in the case of a company which has been charged to tax in a country outside india on any portion of its income, 25 profits and gains included in its total income as computed under the income-tax act, the tax actually paid in respect of such income, profits and gains in the said country in accordance with the laws in force in that country after allowance of every relief due under the said laws: 30 provided that the aforesaid reduction shall not be allowed unless the assessee produces evidence of the fact of the payment of the aforesaid tax in that country 3 the net amount of income calculated in accordance with rule 2 shall be increased by the aggregate of-3s (1) the amount of any interest payable by the company in respect of its debentures or moneys referred to in clause (v) of rule 1 of the second schedule for the previous year relevant to the assessment year allowed as a deduction in computing its total income; 40 (ii) any expenditure incurred on account of commission entertainment and advertisement, to the extent such expenditure, in the opinion of the income-tax officer, is excessive having regard to the circumstances of the case : 5 provided that the previous authority of the inspecting assistant commissioner is obtained for holding such expenditure to be excessive the second schedule [see section 2 (8) ] 10 ru13s for computing '!'he capi'l'al of a company for '1'h!: purposes of surtax1 subject to the other provisions contained in this schedule, the capital- of a company shall be the aggregate of the amounts, as on the first day of the previous year relevant to the assessment year, of-(i) its paid-up share capital; 15 u of 1922 43 of 1961 20 (ii) its reserves, if any,created under the proviso (b) to ·clause (vib) of sub-section (2) of section 10 of the indian incometax act, 1922 or under sub-section (3) of section 34 of the income -tax act, 1961; (iii) its other reserves as reduced by the amounts credited to such reserves as have been allowed as a deduction in comput~ ing the income of the company for the purposes of the indian income-tax act, 1922 or the income-tax act, 1961; 11 of 1922 43 ot 1961 25 (iv) its debentures, if any; and (v) any moneys borrowed by it from the industrial finance corporation of india or the industrial credit and investment corporation of india or any other financial institution which the central government may notify in this behalf in the official gazette or any moneys borrowed by it from any banking institution (not being a financial institution notified as aforesaid) under an agreement providing for the repayment of such moneys during a period of not less than ten years" or any moneys borrowed from any person in a country outside india for the creation of any capital asset in india 35 explanation-for t~e removal of ~oubts it is her~by declared that any amount standmg to the credit ·of any account in the books of a company as on the ftrst day of the previous year relevant to the assessment year which is of the nature of item (5) or item (6) or item (~) under the heading "reserves and surplus',' or of any item under the heading "current liabilities and provisions" :ln'the c61umn relating to~"in the "form of 13alance-shee'l'" given in part 1 of 'schedule vi to the companies act, 1956 shall not be regarded as a reserve for the purposes of computation of the capital ot a company under the provisions of this s schedule 2 where a company owns any 1lssetsthe income 'from which in accordance with clause (iii) or clawie(vi) or clause (viii) of rule 1 of the- first schedule is required to be excluded irom its total income in computing its chargeable profits, the amount of its capital as com- 10 puted under rule 1 of this schedule shall be diminished by the cost to it of the aaiq assetsas on ,the tiist day,of the prewiouslie&r selewmt to the assessment year in so faras ,such cost exceeds the aggregate of-(i) any mone'ys borrowedrotherthan uch jnodeys as rej5 referred to in clause (v) l)f rule:lj andremajning outstandi,g ~ on the first day of the said previous year; and (ii) the amount of any fund, any surplus add any such reserve as is not to be taken into account in computinj{ the capital under rule 1 20 explanation 1-a paid-up share capital or reservebroqht jnto edatence by creatini or increasmg (by revaluation or otherwise) any book asset is not capital for computing ihe ,c~italof a company for tbepurposes of this act explanation e-any premi'mn receive8 ineash by the -eompany 2s on the issue of its shares standing to the credit of the share ,premium account shall be regarded as fonning part of its paid-up share capital ,~lafuuion 3-wherea company has different previous years in respect of its income, profits and gains, the computation of c~pital under rules 1, 2 and 3 shall be made with re1erence to the previous 30 year which ,commenced first s where after theftrst day of the previous llear irelewllt :to the assessment year the capital of ' company as computed 4n :8cciiiida:nce with the foregoing niles of this schedule 18 increased byanymwunt during that 1'1"evrous year on account of tncreaseof :paid up sare 35 capital or issue of debentures fjr bonowing ·af :any model's refened to in clause (v~of rule 1 or -is reduced lw any;amount on account· of reciur:sion of paidup share capital or ,redemption of any debentures or repayment of any suehmoneys, such capital sball be increased or reduced, aathe cue may ,be, ~ a'ium whichbeaiw toihatjudount'40 the me rproporfton '81 ibe -mlldber of tiys of -theprevious year daring which' the increase or the reduction remained effective bears to the total number of days in that previous year 4: where· a part of the income-, profits' and gains of a company is not includible in its total ihcome as computed under the dlcome-tax s~ act, its capital shall be the sum ascertained in accordabce with rules i, 2 and 3, diminished by an amount which bears to that sum the same proportion as the amount of the aforesaid income, profits and gains bears to the total amount of its income, profits and gains the third scheduli:(see section 4) 10 rati'b oj' sulttax1 on the amouat by which the chargeable profits exceed the amount of the_ statutory deduction-40 per cent· is provided that where the total income of an as&eiiiiee; being an indian company or any other company which has made the prescribed arrangements for the declaration and payment of dividends within india, includes any income, profits and gains attributable to the business of generation and distribution of electricity or of manu-20 ae1ure- 011 produetion, of aay one or more of the articles specified in the, li&t in pahil'aph 2t the assessee shall be entitled ted l rebate equaj 10 a sum of ane-1ifth of the amount which be81's- to the amount 01 the surtax payable by the asseaee, the same propertion al the amoullt of the aferesaid inclulliw -bears to· the amount of the total 25 ibcome of the· 1lfiseiiee-: provided further that if the central government, having regard to the stage of development of any industry and other relevant factors, considers it necessary or expedient so to do, it may, at any time by general or special order withdraw the benefit conferred by 30 the preceding proviso in respect of the business of generation and distribution of electricity or of manufacture or production of any article specified in the said list or extend such benefit to any other bultiness and such order shall have effect for the purposes of assessment under this act for any such assessment year (not being the 35 assessment year commencing on the first day of april, 1964) as may be specified in the said order 2237 ls-3 2 the ~; of articles referred to in paragraph 1 shall be as follows :-(1) iron and steel (metal), ferro-alloys and special steels (2) aluminium, copper, lead and zinc (3) coal, lignite, iron are and bauxite 5 (4) indu~trial machinery specified under the heading "s industrial machinery", sub-heading cia major items of specialised 'equipment used in specific industries", of the first schedule to the industries (development and regulation) act, 1951 10 85 of 1951 (5) boilers and steam generating plants, steam engines and turbines and internal combustion engines (6) equipment for the generatiwl, transmission and distribution of electricity, including transformers (7) machine tools, precision tools, dies and· jigs is (s) tractors and earth-moving machinery (9) steel castings and forgings (10) cement and refractories (11) fertilisers 20 (12) paper and pulp (13) tea, coffee and rubber (14) component parts of the articles mentioned in· items· nos (4), (5), (6) and (s), that is to say, such parts as are essential for the working of the machinery referred to in items aforesaid and have been given for that purpose some special shape or 25 quality which would not be essential for their use for ajiyother purpose and are in complete finished forin and ready for flttnent statement of objects and reasonsthe object of this bill is to impose a special tax on companies (other than those which have no share capital) on their excess profits, namely, the amount by which the total income of a company as reduced by certain types of income and certain sums and the income-tax and super-tax payable by it exceeds a sum of ten per cent of its capital, reserves and certain borrowed moneys or a sum of rs 2 lakhs, whichev~r is higher the notes on clauses explain the wrious provisions of the bill t t krishnamachari new delhi; the 29th february, 1964 president's recommendation under article 117 of the constitution of india[copy of letter no f 3 (16) -b/64, dated the 29th february, 1964 from shri t t krishnamachari, minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill, recommends under article 117(1) end (3) of the constitution of india, the introduction of the companies (profits) surtax bill, 1964 in the lok sabha and elso recommends to the lok sabha the consideration of the bill - - - - clause 2 contains deftnitions of the various terms and expressions used in the clauses of the bill sub-clause (3) defines "assessment year" as being the period of twelve months commencing on the 1st day of april, every year sub-clctuh (5) defines "chargeable profits" to mean the total income of the aasessee for the previous year relevant to the assessment year as computed under the income-tax act, 1961 and adjusted in accordance with the provisions of the first schedule sub-clause (8) defines the term "statutory deduction" to mean an amount equal to ten per cent of the capital of the company as computed in accordance with the second schedule or an amount of rs 2 lakhs, whichever is greater the amount of the statutory deduction is required to be adjusted in relation to the length of the previous year, if such year is longer or shorter than a period of 12 months sub-clause (9) provides that all words and expressions used inthe bill but not deftned therein and deftned in the incoldb-tax act, 1961 shall have the same meanings as in that act clause 3 seeks to give jurisdiction in respect of surtax to the same authorities as have jurisdiction under the income-tax act, 1961 clause 4 seeks to make a provision for charging a tax named "surtax" on every company for the assessment year 1964-65 and subsequent assessment years on that amount of its chargeable profits durmc the previous year or the years which exceeds the amount of statutory deduction admissible to it at the rate or rates specified in the third schedule clause 5-sub-clause (1) seeks to impose a liability on the principal officer of evoery company, and in the case of a non-resident company, also on the person who has been treated as its agent under section 163 of the income-tax act, 1961, to furnish a return of the chargeable profits of the company by the 30th day of september of the relevant assessment year, if such chargeable profits exceed the amount of the statutory deduction sub clau9~ (2) seeks to enable the income-tax ofticer to issue a notice to 8 company requiring it to furnish a return of the chargeable profits within thirty days from the date of service of the notice under both the sub-clauses, the income-tax officer has been authorised to extend the time for furnishing the return sub-ctause (3) seeks to enable an asseslee who hu not furnished the return within the time allowed or who having furnished the return discovers any omissions therein, to file a return or a revised return, as the case may be, at any time before the completion of the assessment cia,," 6 provides that the income-tax offtcer may call for accounts, documents or other evidence from the assessee for the purpose of his assessment, and shall make the assessment after considering all the material so obtained by him clause 7 enables the income-tax officer to make a provisional assessment of the chargeable profits of an assessee at any time after the expiry of the period allowed for filing a return, subject to the issue of a 14 days' notice to him inviting his objections, if any, to the proposed assessment it has been provided that there shall be no right of appeal against such a provisional assessment and that the tax paid on the provisional assessment shall be deemed to have been paid towards the regular assessment clause 8 relates to the assessment or re-assessment of chargeable profits which have escaped assessment or have been under-assessed etc it provides that in the case of an omission or failure on the part of the assessee to file a return or to disclose fully and truly all the materials necessary for his assessment, such proceedings may be initiated at any time, and in other cases witjain four, years of the end of the relevant assessment year clause 9 seeks to make a provision for the imposition of a penalty on an assessee for his failure, without reasonable cause, to furnish a return of his chargeable profits or to produce the accounts, documents or evidence required by the income-tax officer, and for any concealment or deliberate furnishing of inaccurate particulars of his chargeable profits clause 10 provides that the assessee shall be given a reasonable opportunity of being heard before any penalty under clause 9 is imposed upon him clause 11 relates to appeals by the assessees to the appellate assistant commissioner against any order passed by the income-tax officer clause 12 relates to appeals to the appellate tribunal by assessees or by the income-tax officer under the directions of the commissioner of income-tax against any order made by the appellate assistant commissioner it has been provided that in disposing of such appeals, the tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in disposing of any appeal under the income-tax act, 1961 clause 13 provides for the rectifi(!ation of mistakes apparent from the record of any proceedings by the commissioner of income-tax, the appellate assistant commissioner and the appellate tribunal, suo motu or at the instance of the assessee, within four years of the date on which the order sought to be rectified has been passed clause 14 seeks to enable the income-tax officer to recompute the chargeable profits of the assessee in consequence of any order of rectification or amendment passed under section 154 or section 155 of the income-tax act, 1961, in relation to the relevant income-tax assessment of the assessee, within four years from the date of the latter order clause 15 seeks to provide that the surtax payable by a company for a particular assessment year shall be deducted from its total income for that assessment year in computing its distributable income for the purposes of chapter xi-d of the income-tax act, 1961 clause 16 enables the commissioner to revise any orders passed by the income-tax officer which are prejudicial to revenue, within a period of two years from the date of the order sought to be revised clause 17 e~bles the commissioner to give relief to the assessee on revision of any orders passed by the income-tax officer or the appellate assistant commissioner subordinate to him, either of his own motion or on an application by the assessee clause 18 seeks to make applicable to the proceedings relating to surtax, certain provisions of the income-tax act, 1961 pertaining to various matters for which no separate provisions have been made in the bill, eg, issue and service of notice of demand, recovery of arrear tax dues, assessment proeedings in the case of non-resident through an agent, liability of directors or private companies in liquidation, reference to high court, appeal to supreme court, etc it also seeks to apply the provisions of the income-tax (certificate proceedings) rules, 1962 to the proceedings of recovery of arrears of surtax clame 19 provides that all information contained in any statement or returns made by the assessees or furnished in any proceeding under the income·tax act, 1961, may be used for the purposes of proceedings relating to surtax and vice verba clouse 20 to 23 (both inczusive) relate to prosecution for various offences by way of failure to deliver returns without any reasonable cause, making of false statements, abetment of false returns, and the composition of such offences clause 24 seeks to enable the central government to make ad ~emption, reduction in rate or other modification in respect of surtax in favour of any class of assessees or in regard to the whole or any part of the chargeable profits of any class of assessees in order to remove any difficulty or avoid any hardship that may arise as a result -of application of surtax to the union territories of dadra and nagar haveli, goa, daman and diu and pondicherry clause 25 seeks to enable the central board of direct taxes to make rules for carrying out the purposes of this enactment and in this behalf, inter alia, to prescribe various forms such as the form of return of chargeable profits clause 26 seeks to exclude companies which have no share capital from the purview of surtax the first schedule lays down rules for the computation of the chargeable profits under its provisions, -'chargeable proftts' are to be computed by excluding from the assessee's total income <as computed ujlder the income-tax act) certain items of income aad sums which have been exempted from surtax; deducting from the balance amount the income-tax and super-tax payable by the company (subject t certain adjustments); and adding to the amount so arrived at, any interest payable by th~ assessee in respect of debentures, and specified loans referred to in rule 1 (v) of the second schedule, and such amount of any expenditure on commission, entertainment and advertisement which may be considered by the income-tax officer (with the approval of the inspecting assistant commissioner) to be excessive in the circumstances of the case the second schedule contains the rules for the computation of the capital of a company for the purpose of determining the amount of 'statutory deduction' admissible to a company under these rules, the apital of a company consists of the amounts, as on the first day ef the relevant previous year, of its paid-up capital, reserves (includina the reterv required to be created under the indian income-tax act, 1922 and the income-tax act, 1961 for entitlement to development rebate), debentures and specified loans if a company possesses assets, the income from which is not taken into account in computing the chargeable profits under cer~ provisions of the first schedule, such as investments in shares of companies, the cost thereof (subject to certain adjustments f'or borrowed moneys not included in the capital of the company) is required to be deducted from the capital aforesaid the third schedule lays down that surtax shall be charged at the rate of 40 per cent of the amount by which the chargeable profits of a company for the relevant previous year exceed the amount of the statutory deduction admissible to it it also provides that an indian company or a company which has made the prescribed arrange· ments for the declaration and payment of dividends within india shall be entitled to a rebate calculated at 20 per cent of that part of the surtax which is attributable to any profits derived by it from the business of the generation and distribution of electricity or of the manufacture or production of anyone or more of the articles specified in the list contained in the said schedule it also provides that the central government may, by issue of a notification in the official gazette, exclude any articles from or add any item to the said list f01; the purposes of an assessment for any assessmert year subsequent \0 the assessment year 1964--65 the bill seeks to impose a new tax on all companies other than companies having no share capital this tax will be administered by the income-tax department but· its proceedings relating to assessment, collection and revision and appeals will be separate from that of income-tax however, some incidental expenditure on the administration of the act may be involved, the extent of which cannot be foreseen at present m~morandum regarding delegated legisla'l'ionclause 25 empowers the board to make rules for carrying out the purposes of the act the matters in respect of which such rules may be made pertain to the form in which returns under section 5 may be ful'dished, the fonn in which notice for making proviaional ~ ment shall be given, the form in which appeals under the act may be filed and the procedure that may be followed on application for rectification of mistakes and application for refunds the matters in respect of which rules will be made are matters of procedure, form or detail the delegation of legislative power is, therefore, of a normal character a billto impose a special tax on the profits of certain companies (shri t t krishnamachari, minister of finance)

Parliament_bills

c856eb72-7ba1-5559-8d1e-3fd44f26d2ff

bill no 45 of 2006 the state bank of india (subsidiary banks laws) amendment bill, 2006 a billfurther to amend the state bank of saurashtra act, 1950, and the state bank of hyderabad act, 1956 and the state bank of india (subsidiary banks) act, 1959be it enacted by parliament in the fifty-seventh year of the republic of india as follows:— part i preliminaryment(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint: chapter ii amendments to the state bank of saurashtra act, 1950substitution of new section for section 52 for section 5 of the state bank of saurashtra act, 1950 (hereafter in this chapter referred to as the state bank of saurashtra act), the following section shall be substituted, namely:—5authorised capital"5 (1) subject to the provisions of this act, the authorised capital of the saurashtra bank shall be rupees five hundred crores(2) the authorised capital of the saurashtra bank shall be divided into shares of one hundred rupees each or of such denomination as the saurashtra bank may, with the approval of the state bank, decide1038 of 195915(3) the saurashtra bank may issue the certificates of shares of equivalent values of such denomination as the saurashtra bank may decide with the approval of the state bank, in accordance with the procedure as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959 and every shareholder of the saurashtra bank shall be entitled to have the certificate of shares of equivalent value of such denomination(4) notwithstanding anything contained in sub-section (1), the state bank may, with the approval of the reserve bank, authorise the saurashtra bank to increase or reduce its authorised capital"203 in section 6 of the state bank of saurashtra act,—amendment of section 6(a) after sub-section (1), the following sub-section shall be inserted, namely:—25"(1a) notwithstanding anything contained in sub-section (1), the issued capital of the saurashtra bank, shall consist of such amount as the state bank may, with the approval of the reserve bank, fix, and, shall be divided into fully paid-up shares of such denomination in accordance with sub-section (2) of section 5"; (b) for sub-section (3), the following sub-sections shall be substituted, namely:—3038 of 1959"(3) the saurashtra bank may, from time to time, with the approval of the state bank and the reserve bank, increase, whether by public issue or by preferential allotment or private placement in accordance with the procedure as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959, its issued capital by issue of equity or preference shares35(3a) the issued capital of the saurashtra bank shall consist of equity shares or equity and preference shares:40provided that the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issued(3b) the saurashtra bank may, with the approval of the state bank and the reserve bank, increase from time to time by way of issuing bonus shares to existing equity shareholders, its issued capital in such manner as the state bank, with the approval of the reserve bank, direct45(3c) no increase or reduction in the issued capital of the saurashtra bank shall be made in such a manner that the state bank holds at any time less than fifty-one per cent of the issued capital consisting of equity shares of the saurashtra bank(3d) the saurashtra bank may accept the money in respect of shares issued towards increase in issued capital in instalments, make calls and forfeit unpaid shares and re-issue them, in the manner as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959"38 of 1959 chapter iii 5 amendments to the state bank of hyderabad act, 195679 of 1956substitution of new section for section 94 for section 9 of the state bank of hyderabad act, 1956 (hereafter in this chapter referred to as the state bank of hyderabad act), the following section shall be substituted, namely:-—10authorised capital"9 (1) subject to the provisions of this act, the authorised capital of the hyderabad bank shall be rupees five hundred crores(2) the authorised capital of the hyderabad bank shall be divided into shares of one hundred rupees each or of such denomination as the hyderabad bank may, with the approval of the state bank, decide1538 of 195920(3) the hyderabad bank may issue the certificates of shares of equivalent values of such denomination as the hyderabad bank may decide with the approval of the state bank, in accordance with the procedure as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959 and every shareholder of the hyderabad bank shall be entitled to have the certificate of shares of equivalent value of such denomination(4) notwithstanding anything contained in sub-section (1), the state bank may, with the approval of the reserve bank, authorise the hyderabad bank to increase or reduce its authorised capital" 5 in section 10 of the state bank of hyderabad act,—amendment of section 1025(a) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) notwithstanding anything contained in sub-section (1), the issued capital of the hyderabad bank, shall consist of such amount as the state bank may, with the approval of the reserve bank, fix, and shall be divided into fully paid-up shares of such denomination in accordance with sub-section (2) of section 9";30(b) for sub-section (3), the following sub-sections shall be substituted, namely:—3538 of 1959"(3) the hyderabad bank may, from time to time, with the approval of the state bank and the reserve bank, increase, whether by public issue or by preferential allotment or private placement in accordance with the procedure as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959, its issued capital by issue of equity or preference shares(3a) the issued capital of the hyderabad bank shall consist of equity shares or equity and preference shares:40provided that the issue of preference shares shall be in accordance withthe guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issued45(3b) the hyderabad bank may, with the approval of the state bank andthe reserve bank, increase from time to time by way of issuing bonus shares to existing equity shareholders, its issued capital in such manner as the state bank, with the approval of the reserve bank, direct(3c) no increase or reduction in the issued capital of the hyderabad bank shall be made in such a manner that the state bank holds at any time less than50fifty-one per cent of the issued capital consisting of equity shares of the hyderabad bank38 of 19595(3d) the hyderabad bank may accept the money in respect of shares issued towards increase in issued capital in instalments, make calls and forfeit unpaid shares and re-issue them, in the manner as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959" chapter iv amendments to the state bank of india (subsidiary banks) act, 195938 of 195910substitution of new section for section 66 for section 6 of the state bank of india (subsidiary banks) act, 1959 [hereafter in this chapter referred to as the state bank of india (subsidiary banks) act], the following section shall be substituted, namely:—"6 (1) subject to the provisions of this act, the authorised capital of every new bank shall be rupees five hundred croresauthorised capital of new bank15(2) the authorised capital of every new bank shall be divided into shares of one hundred rupees each or of such denomination as the new bank may, with the approval of the state bank, decide20 (3) every new bank may issue the certificates of shares of equivalent values of such denomination as the new bank may, decide, with the approval of the state bank, in accordance with the procedure as may be prescribed and every shareholder of the new bank shall be entitled to have the certificate of shares of equivalent value of such denomination(4) notwithstanding anything contained in sub-section (1), the state bank may, with the approval of the reserve bank, authorise a new bank to increase or reduce its authorised capital"7 in section 7 of the state bank of india (subsidiary banks) act,—25amendment of section 7 (a) after sub-section (1), the following sub-section shall be inserted, namely:—30"(1a) notwithstanding anything contained in sub-section (1), the issued capital of a new bank shall, consist of such amount as the state bank may, with the approval of the reserve bank, fix, and shall be divided into fully paid-up shares of such denomination in accordance with sub-section (2) of section 6";(b) for sub-sections (4) and (5), the following sub-sections shall be substituted, namely:—35"(4) a new bank may from time to time, with the approval of the state bank and the reserve bank, increase, whether by public issue or by preferential allotment or private placement in accordance with the procedure as may be prescribed, its issued capital by issue of equity or preference shares(5) the issued capital of a new bank shall consist of equity shares or equity and preference shares:40provided that the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issued45 (6) a new bank may, with the approval of the state bank and the reserve bank, increase from time to time by way of issuing bonus shares to existing equity shareholders, its issued capital in such manner as the state bank, with the approval of the reserve bank, direct(7) no increase or reduction in the issued capital of a new bank shall be made in such a manner that the state bank holds at any time less than fifty-one per cent of the issued capital consisting of equity shares of new bank5(8) a new bank may accept the money in respect of shares issued towards increase in issued capital in instalments, make calls and forfeit unpaid shares and re-issue them, in the manner as may be prescribed"amendment of section 18 8 in section 18 of the state bank of india (subsidiary banks) act, in sub-section (2), for the words "fifty-five per cent of the issued capital", the words "fifty-one per cent of the issued capital consisting of equity shares" shall be substituted109 after section 18 of the state bank of india (subsidiary banks) act, the following section shall be inserted, namely:—insertion of new section 18a"18a (1) every individual registered shareholder of a subsidiary bank may, at any time, nominate, in the prescribed manner, an individual to whom all his rights in the shares shall vest in the event of his deathright of registered shareholder to nominate15 20 25 (2) where the shares are registered in the name of more than one individual jointly, the joint holders may together nominate in the prescribed manner, an individual to whom all their rights in the shares shall vest in the event of the death of all the joint holders(3) notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such shares where a nomination made in the prescribed manner purports to confer on any individual the right to vest the shares, the nominee shall, on the death of the shareholder or, as the case may be, on the death of all the joint holders, become entitled to all the rights of the shareholder or, as the case may be, of all the joint holders, in relation to such shares to the exclusion of all other persons unless the nomination is varied or cancelled in the prescribed manner(4) where the nominee is a minor, it shall be lawful for the individual registered as the holder of the shares to make nomination to appoint, in the prescribed manner, any person to become entitled to the shares in the event of his death during the minority of the nominee"3010 for section 19 of the state bank of india (subsidiary banks) act, the following section shall be substituted, namely:—substitution ofnew section for section 19restriction on voting rights"19 no shareholder, other than the state bank, shall be entitled to exercise voting rights in respect of any shares held by him in excess of ten per cent of the issued capital of the subsidiary bank concerned:35provided that the shareholder holding any preference share capital in the subsidiary bank shall, in respect of such capital, have a right to vote only on resolutions placed before such subsidiary bank which directly affect the rights attached to his preference shares:40provided further that no preference shareholder shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent of the total voting rights of all the shareholders holding preference share capital only"amendment of section 214511 section 21 of the state bank of india (subsidiary banks) act shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:—"(2) notwithstanding anything contained in sub-section (1), it shall be lawful for a subsidiary bank to keep the register of shareholders in computer floppies or diskettes or any other electronic form subject to such safeguards as may be prescribed1 of 1872(3) notwithstanding anything contained in the indian evidence act, 1872, a copy of, or extract from, the register of shareholders, certified to be a true copy under the hand of any officer of the subsidiary bank authorised in this behalf shall in all legal proceedings, be admissible in evidence"5amendment of section 2212 in section 22 of the state bank of india (subsidiary banks) act, for the words and figures "notwithstanding anything contained in section 19, no notice of any trust,", the words "no notice of any trust," shall be substituted13 in section 25 of the state bank of india (subsidiary banks) act,—amendment of section 25(i) in sub-section (1)—10(a) for clause (a), the following clause shall be substituted, namely:—"(a) the chairman for the time being of the state bank, ex officio or an official of the state bank nominated by him as chairman, with the approval of the reserve bank;"; (b) clause (b) shall be omitted;15(c) for clause (d), the following clause shall be substituted, namely:—"(d) not more than three directors to be elected in the following manner, namely:—20(i) if the total amount of holdings of the shareholders (other than the state bank) of a subsidiary bank is more than one per cent of the total issued capital, and equal to or less than sixteen per cent of such capital, one director to be elected, in the prescribed manner, by such shareholders and two directors shall be nominated by the state bank, or25(ii) if the total amount of holdings of the shareholders (other than the state bank) of a subsidiary bank is more than sixteen per cent of the total issued capital and equal to or less than thirty-two per cent of such capital, two directors to be elected in the prescribed manner by such shareholders and one director shall be nominated by the state bank, or30(iii) if the total amount of holdings of the shareholders (other than the state bank) of a subsidiary bank is more than thirty-two per cent of the total issued capital, all the three directors to be elected, in the prescribed manner, by such shareholders:35provided that in case, the total amount of holdings of the shareholders of a subsidiary bank (other than the state bank) is not more than one per cent of the total issued capital, all three directors shall be nominated by the state bank and such directors shall, for the purposes of this act, be deemed to be directors elected under this clause40explanation—for the purposes of this sub-section, the total amount of holdings of the shareholders (other than the state bank) whose names are on the register of shareholders of the subsidiary bank three months before the date fixed for election of directors shall be taken into account";(ii) sub-section (3) shall be omitted;45(iii) in sub-section (4), the words "the reserve bank or" shall be omitted14 after section 25 of the state bank of india (subsidiary banks) act, the following sections shall be inserted, namely:—insertion of new sections 25a and 25b "25a (1) the directors to be elected under clause (d) of sub-section (1) of section 25 shall–fit and proper status of an elected director510 15 20 25 30 35power of reserve bank to appoint additional directors40 45 50(a) have special knowledge or practical experience in respect of one or more of the following matters, namely:—(i) agricultural and rural economy, (ii) banking, (iii) co-operation, (iv) economics, (v) finance, (vi) law, (vii) small-scale industry, (viii) any other matter the special knowledge of, and practical experience in, which would, in the opinion of the reserve bank, be useful to the subsidiary bank; (b) represent the interests of depositors; or (c) represent the interests of farmers, workers and artisans(2) without prejudice to the provisions of sub-section (1) and notwithstanding anything to the contrary contained in this act or in any other law for the time being in force, no person shall be eligible to be elected as director under clause (d) of subsection (1) of section 25 unless he is a person having fit and proper status based upon track record, integrity and such other criteria as the reserve bank may notify from time to time in this regard(3) the reserve bank may also specify in the notification issued under subsection (2), the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determinations and such other matters as may be considered necessary or incidental thereto(4) where the reserve bank is of the opinion that any director of a subsidiary bank elected under clause (d) of sub-section (1) of section 25 does not fulfil the requirements of sub-sections (1) and (2), it may, after giving to such director and the subsidiary bank a reasonable opportunity of being heard, by order, remove such director and on such removal, the board of directors shall co-opt any other person fulfilling the requirements of the said sub-sections as a director in place of the person so removed till a director is duly elected by the shareholders of the subsidiary bank in the next annual general meeting and the person so co-opted shall be deemed to have been duly elected by the shareholders of the subsidiary bank as a director25b (1) if the reserve bank is of the opinion that in the interest of banking policy or in the public interest or in the interests of the subsidiary bank or its depositors, it is necessary so to do, it may, from time to time and by order in writing appoint, with effect from such date as may be specified in the order, one or more persons to hold office as additional directors of the subsidiary bank(2) any person appointed as additional director in pursuance of this section shall—(a) hold office during the pleasure of the reserve bank and subject thereto for a period not exceeding three years or such further period not exceeding three years at a time as the reserve bank may specify;(b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto; and(c) not be required to hold qualification shares in the subsidiary bank (3) for the purpose of reckoning any proportion of the total number of directors of the subsidiary bank, any additional director appointed under this section shall not be taken into account"amendment of section 26 amendment of section 2710 of 194910 of 19495amendment of section 28amendment of section 3410 15 2015 in section 26 of the state bank of india (subsidiary banks) act, in sub-section (1), the words, brackets and letter "clause (b) or" shall be omitted16 in section 27 of the state bank of india (subsidiary banks) act, in sub-section (5), in clause (a), for the words and figures "banking companies act, 1949", the words and figures "banking regulation act, 1949" shall be substituted17 in section 28 of the state bank of india (subsidiary banks) act, in the proviso, the words, brackets, letter and figures "a director referred to in clause (b) of sub-section (1) of section 25 or to" shall be omitted18 in section 34 of the state bank of india (subsidiary banks) act,—(a) in sub-section (2), for the words "the chairman of the state bank", the words "the chairman of the board of directors of a subsidiary bank" shall be substituted;(b) in sub-section (4), for the words, brackets and letters "clauses (a) and (b)", the word, brackets and letter "clause (a)" shall be substituted;(c) in sub-section (5), in the proviso, in clause (ii), for the words, brackets and letters "of the reserve bank or the state bank nominated under clause (b) or clause(c)", the words, brackets and letter "of the state bank nominated under clause (c)" shall be substituted;(d) in sub-section (6), the words "and the reserve bank" shall be omitted19 after section 35 of the state bank of india (subsidiary banks) act, the following section shall be inserted, namely:—insertion of new section 35a supersession of board of directors in certain cases25 30 35 40 45 50"35a (1) where the reserve bank, on the recommendation of the state bank is satisfied that in the public interest or for preventing the affairs of a subsidiary bank being conducted in a manner detrimental to the interest, of the depositors or the subsidiary bank or for securing the proper management of the subsidiary bank, it is necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order, supersede the board of directors of the subsidiary bank for a period not exceeding six months as may be specified in the order: provided that the period of supersession of the board of directors may be extended from time to time, so, however, that the total period shall not exceed twelve months(2) the reserve bank may, on supersession of the board of directors of the subsidiary bank under sub-section (1), appoint, for such period as it may determine, an administrator (not being an officer of the central government or a state government) who has experience in law, finance, banking, economics or accountancy(3) the reserve bank may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions(4) upon making the order of supersession of the board of directors of the subsidiary bank, notwithstanding anything contained in this act,—(a) the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under this act, or any other law for the time being in force, be exercised and discharged by or on behalf of the board of directors of such subsidiary bank, or by a resolution passed in general meeting of the subsidiary bank, shall, until the board of directors of the subsidiary bank is reconstituted, be exercised and discharged by the administrator appointed by the reserve bank under sub-section (2):provided that the power exercised by the administrator shall be valid notwithstanding that such power is exercisable by a resolution passed in the general meeting of the subsidiary bank(5) the reserve bank may constitute a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the administrator in the discharge of his duties510 15amendment of section 38 amendment of section 3920(6) the committee referred to in sub-section (5) shall meet at such times and places and observe such rules of procedure as may be specified by the reserve bank(7) the salary and allowances payable to the administrator and the members of the committee constituted under sub-section (5) by the reserve bank shall be such as may be specified by the reserve bank and be payable by the concerned subsidiary bank(8) on and before the expiration of two months before expiry of the period of supersession of the board of directors as specified in the order issued under subsection (1), the administrator of the subsidiary bank, shall call the general meeting of the subsidiary bank to elect new directors and reconstitute its board of directors (9) notwithstanding anything contained in any other law or in any contract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termination of his office(10) the administrator appointed under sub-section (2) shall vacate office immediately after the board of directors of the subsidiary bank has been reconstituted"20 in section 38 of the state bank of india (subsidiary banks) act, in sub-section(10), in clause (a), for the words and figures "banking companies act, 1949", the words and figures "banking regulation act, 1949" shall be substituted21 in section 39 of the state bank of india (subsidiary banks) act, for the word"december", the word "march" shall be substituted22 after section 40 of the state bank of india (subsidiary banks) act, the following section shall be inserted, namely:—25insertion of new section 40a transfer of unpaid or unclaimed dividend to special dividend account30 35 401 of 1956451 of 1956amendment of section 4350'40a (1) where, after the commencement of the state bank of india (subsidiary banks laws) amendment act, 2006, a dividend has been declared by the subsidiary bank but has not been paid, or claimed, within thirty days from the date of declaration, to or by any shareholder entitled to the payment of the dividend, the subsidiary bank shall, within seven days from the date of the expiry of such period of thirty days, transfer the total amount of dividend which remains unpaid, or unclaimed within the said period of thirty days, to a special account to be called "unpaid dividend account of ……………………………… (name of the subsidiary bank)"explanation— in this sub-section, the expression "dividend which remains unpaid" means any dividend the warrant in respect thereof has not been encashed or which has otherwise not been paid or claimed(2) where the whole or any part of any dividend, declared by the subsidiary bank before the commencement of the state bank of india (subsidiary banks laws) amendment act, 2006, remains unpaid at such commencement, the subsidiary bank shall, within a period of six months from such commencement, transfer such unpaid amount to the account referred to in sub-section (1)(3) any money transferred to the unpaid dividend account of the subsidiary bank in pursuance of this section, which remains unpaid or unclaimed for a period of seven years from the date of such transfer shall be transferred by the subsidiary bank to the investor education and protection fund established under sub-section (1) of section 205c of the companies act, 1956'(4) the money transferred under sub-section (3) to the investor education and protection fund shall be utilised for the purposes and in the manner specified in section 205c of the companies act, 1956' 23 in section 43 of the state bank of india (subsidiary banks) act,—(a) in sub-section (1), in clause (a), for the word "december", the word "march"shall be substituted;(b) for sub-section (2), the following sub-section shall be substituted, namely:—"(2) the balance-sheet and profit and loss account of the subsidiary bank shall be signed by persons holding the office of the chairman, managing director, and a majority of the other directors of the subsidiary bank in office" 24 in section 44 of the state bank of india (subsidiary banks) act,—amendment of section 44(a) in sub-section (2),—(i) for the words "discuss the balance-sheet", the words "discuss and adopt the balance-sheet" shall be substituted;5 (ii) for the word "december", the word "march" shall be substituted;(b) in sub-section (3), for the word "december", the word "march" shall be substitutedamendment of section 4811 of 1922 43 of 196125 in section 48 of the state bank of india (subsidiary banks) act, in sub-section (2), for the words and figures "indian income-tax act, 1922", the words and figures "income tax-act, 1961" shall be substituted10amendment of section 5026 in section 50 of the state bank of india (subsidiary banks) act, after sub-section(1), the following sub-section shall be inserted, namely:—15"(1a) the officers, advisers and employees of the subsidiary bank concerned shall individually or jointly, or with other officers, advisers and employees in a committee exercise such powers and perform such duties as may, by general or special order, be entrusted or delegated to them by the board of directors or its executive committee"amendment of section 5527 in section 55 of the state bank of india (subsidiary banks) act, for the words"banking companies act", the words "banking regulation act" shall be substitutedamendment of section 6320 25 30 35 40 45 5028 in section 63 of the state bank of india (subsidiary banks) act,—(a) in sub-section (1), for the words "provisions of this act", the words "provisions of this act or any other law for the time being in force" shall be substituted(b) in sub-section (2),—(i) after clause (f), the following clauses shall be inserted, namely:—"(fa) the procedure for issuing the certificates of shares; (fb) the procedure with respect to increase, whether by public issue or by preferencial allotment or private placement, the issued capital by issue of equity or preference shares;(fc) the manner of acceptance of share money in instalments, the manner of making calls and the manner of forfeiture of unpaid shares and their reissue;"; (ii) for clause (g), the following clauses shall be substituted, namely:—"(g) the maintenance of share registers, and the particulars to be entered in such registers in addition to those specified in sub-section (1)of section 21, the safeguards to be observed in the maintenance of the register of shareholders on computer floppies or diskettes or any other electronic form, the inspection and closure of the registers and all other matters connected therewith; (ga) the manner in which every individual registered shareholder nominate, an individual to whom all his rights in the shares shall vest in the event of his death under sub-section (1) of section 18a; (gb) the manner in which, the joint holders may nominate an individual to whom all their rights in the shares shall vest in the event of the death of all the joint holders under sub-section (2) of section 18a;(gc) the manner in which nomination is varied or cancelled under sub-section (3) of section 18a;(gd) the manner in which every individual registered as the holder of the shares to make nomination where nominee is a minor to appoint, any person to become entitled to the shares in the event of his death during the minority of the nominee under sub-section (4) of section 18a;";(c) in sub-section (4), for the words "made under this act", the words "made under this section" shall be substituted statement of objects and reasonsthe state bank of the saurashtra act, 1950, the state bank of hyderabad act, 1956and the state bank of india (subsidiary banks) act, 1959 has been in force for more than four decade the said three acts contain provisions regarding constitution of the state bank of saurashtra, the state bank of hyderabad and other subsidiary banks of the state bank of india (being the state bank of patiala, the state bank of bikaner and jaipur, the state bank of indore, the state bank of mysore and the state bank of travancore), their capital, management and control and other connected matters2 there are more than twenty-eight lakhs shares held by private shareholders (other than the state bank of india) of the four subsidiary banks, ie, the state bank of bikaner and jaipur, the state bank of indore, the state bank of mysore and the state bank of travancore the shareholders of these four subsidiary banks are facing certain difficulties due to certain restrictions imposed under the state bank of india (subsidiary banks) act, 1959 these restrictions, inter alia, include, (a) lack of dematerialisation facility for the shares (b) difficulty in free transferability (c) restrictions on individual holdings of shares and their voting rights etc the shareholders, at the annual general meetings of these four banks, have been expressing, time and again, the difficulty faced by them due to such restrictive provisions in the said act3 the basel capital accord, the current international framework on capital adequacy, was adopted in the year 1988 by many banks worldwide and in the year 1992 in india afterwards, over the past several years, the basel committee on banking supervision has worked on a new accord for international convergence on capital standards and released the latest version of the new basel capital accord known as basel ii in june, 2004 with the introduction of the new capital adequacy framework (basel ii), all the banks (including subsidiary banks of the state bank of india) may be required to increase their capital base to meet minimum requirements achievement of the capital adquacy norms under basel ii will improve the basic financial health of the banking system and thus improve its international credibility since banks in many countries are also in the process of adopting these standards4 in order to remove the difficulties faced by the shareholders of the subsidiary banks and to facilitate increase of the capital of the subsidiary banks to enable them to raise resources from the market and also to comply with certain guidelines issues by the securities exchange board of india (sebi) under the securities exchange board of india act, 1992 and the depositories act, 1996, it has become necessary to amend the state bank of the saurashtra act, 1950, the state bank of hyderabad act, 1956 and the state bank of india (subsidiary banks) act, 1959 the bill proposes to amend the said three acts, inter alia, to—(a) increase the authorised capital of subsidiary banks to five hundred crores and divide the authorised capital into shares of one hundred rupees each or of such denomination as may be decided by the subsidiary banks, with the approval of the state bank of india (sbi);(b) allow the subsidiary banks to issue share certificates of such denomination as may be prescribed by regulations made by the sbi with the approval of the rbi to the existing shareholders;(c) fix the issued capital of subsidiary banks by the sbi with the approval of the rbi and also decide, with the approval of the sbi, on the denomination of shares of subsidiary banks;(d) allow the subsidiary banks to raise issued capital by preferential allotment or private placement or public issue in accordance with the procedure as may be specified by regulations made by the sbi with the approval of the rbi and to issue preference shares in accordance with guidelines framed by the rbi;(e) allow the subsidiary banks to issue, with the approval of the sbi and rbi, bonus shares to the equity shareholders;(f) allow reduction of the sbi's shareholding in the subsidiary banks from fifty-five per cent to fifty-one per cent;(g) allow the subsidiary banks to accept share monies in instalments, make calls, and forfeiture of unpaid shares and their re-issue;(h) provide for nomination facility in respect of shares held by individual/joint shareholders of the subsidiary banks;(i) remove the restriction on individual shareholdings in excess of two hundred shares and increase the percentage of voting rights of shareholders, (other than the sbi) from one per cent to ten per cent of the issued capital of the subsidiary bank concerned;(j) restrict the voting rights of preference shares of subsidiary bank only to resolutions directly affecting their rights and also restrict the preference shareholder to exercise voting rights in respect of preference shares held by him to a ceiling of ten per cent of total voting rights of all the shareholders holding preference share capital only(k) allow the chairman of the sbi to nominate an official of the sbi as the chairman of the board of a subsidiary bank, with the approval of the rbi;(l) omit the provisions relating to nomination of official of the rbi on the board of directors of subsidiary bank and to make provisions for nomination of additional director by the rbi as and when considered necessary, in the interest of banking policy and depositors' interest etc;(m) increase the number of elected directors representing shareholders of subsidiary bank limited to a maximum of three subject to different percentage of public ownership;(n) specify the qualification regarding eligibility criteria including "fit and proper" criteria for elected directors of subsidiary bank and to confer power upon the rbi to remove elected directors who are not fit and proper and also to allow the board of directors of a subsidiary banks to co-opt any other persons who is fit and proper in his place;(o) confer power upon the rbi to supersede the board of directors of subsidiary banks in public interest or for depositor's interest or for securing proper management of the subsidiary banks on the recommendation of the sbi and to appoint an administrator and a committee to assist the administrator;(p) allow transfer of unpaid or unclaimed dividend of subsidiary bank up to thirty days to "unpaid dividend account" and after seven years to the "investor education and protection fund" established under section 205c of the companies act, 1956;(q) entitle the shareholders present in the annual general meeting to "adopt"the balance sheet 5 the bill seeks to achieve the above objectivesnew delhi;the 11th may, 2006 notes on clausesclause 2—this clause seeks to substitute section 5 of the state bank of saurashtra act,1950 relating to authorised capitalunder the existing provisions contained in said section 5, the authorised capital of the state bank of saurashtra shall be two crore of rupees, divided into shares of one hundred rupees each however, the state bank of india may, with the approval of the reserve bank of india, authorise the state bank of saurashtra to increase or reduce its authorised capital where the authorised capital is so increased, the shares issued shall be of the denomination of one hundred rupees eachit is proposed to increase the authorised capital of the state bank of saurashtra to rupees five hundred croresit is further proposed to provide that the authorised capital of the state bank of saurashtra shall be divided into shares of one hundred rupees each or such denomination as the state bank of saurashtra may, with the approval of the state bank of india, decideit also provides that the state bank of saurashtra may issue the certificates of shares of equivalent values in such denomination as it may decide with the approval of the state bank of india in accordance with the procedure as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959clause 3—this clause seeks to amend section 6 of the state bank of saurashtra act, 1950 relating to issued capitalunder the existing provisions contained in sub-section (1) of the said section, the issued capital of the state bank of saurashtra shall consist of such amount as the state bank of india may, with the approval of the reserve bank of india, fix the issued capital is divided into fully paid-up shares of one hundred rupees eachit is proposed to insert new sub-section (1a) in the aforesaid section to provide that the issued capital of the state bank of saurashtra shall consist of such amount as the state bank of india may, with the approval of the reserve bank, fix and shall be divided into fully paid-up shares of such denomination in accordance with sub-section (2) of section 5under the existing provisions contained in sub-section (3) of the aforesaid section, the state bank of saurashtra may, with the approval of the state bank of india and the reserve bank of india, increase its issued capital and the increased issued capital shall consist of fully paid up shares which shall be issued in such manner as the state bank of india may, with the approval of the reserve bank of india may, direct the increase or reduction of the issued capital of the state bank of saurashtra cannot be made in a manner which makes the state bank of india to hold less than fifty-five per cent of the issued capital of the state bank of saurashtrait is proposed to substitute the said sub-section (3) by new sub-sections (3), (3a),(3b), (3c) and (3d)the proposed new sub-section (3) provides that the state bank of saurashtra may, with the approval of the state bank of india and the reserve bank of india, increase its issued capital by issue of equity or preference shares the increase of issued capital can be by public issue or by preferential allotment or private placement in accordance with the procedure as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959the proposed new sub-section (3a) provides that the issued capital of the state bank of saurashtra shall consist of equity shares or equity and preference shares the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank of india specifying the class of and the extent of, issue of, each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which each class of preference shares may be issuedthe proposed new sub-section (3b) provides that with the approval of the state bank of india and the reserve bank of india, the state bank of saurashtra may, increase its issued capital by issuing bonus shares to the existing shareholders in such manner as the state bank of india, with the approval of the reserve bank of india, directthe proposed new sub-section (3c) provides that the issued capital cannot be increased or reduced in a manner which makes the state bank of india to hold at any time less than fifty-one per cent instead of fifty-five per cent of the issued capital consisting of equity shares of the state bank of saurashtrathe proposed new sub-section (3d) provides that the state bank of saurashtra may accept the money in respect of shares issued towards increase in issued capital in instalments, make calls and forfeit unpaid shares and re-issue them in the manner as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959clause 4—this clause seeks to amend section 9 of the state bank of hyderabad act, 1956 relating to authorised capitalunder the existing provisions contained in the said section 9, the authorised capital of the state bank of hyderabad shall be one crore rupees, divided into shares of one hundred rupees each however, the state bank of india may, with the approval of the reserve bank of india, authorise the state bank of hyderabad to increase or reduce its authorised capital where the authorised capital is so increased, the shares issued shall be of the denomination of one hundred rupees eachit is proposed to increase the authorised capital of the state bank of hyderabad to rupees five hundred croresit is further proposed to provide that the authorised share capital of the state bank of hyderabad shall be divided into shares of one hundred rupees each or such denomination as the state bank of hyderabad may, with the approval of the state bank of india, decideit also proposed to provide that the state bank of hyderabad may issue the certificates of shares of equivalent values in such denomination as it may decide with the approval of the state bank of india in accordance with the procedure as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959clause 5 —this clause seeks to amend section 10 of the state bank of hyderabad act, 1956 relating to issued capitalunder the existing provisions contained in sub-section (1) of the said section, the issued capital of the state bank of hyderabad shall consist of such amount as the state bank of india may, with the approval of the reserve bank of india, fix the issued capital is divided into fully paid up shares of hundred rupees eachit is proposed to insert new sub-section (1a) in the aforesaid section to provide that the issued capital of the state bank of hyderabad shall consist of such amount as the state bank of india may, with the approval of the reserve bank of india, fix and shall be divided into fully paid up shares of such denomination in accordance with subsection (2) of section 9under the existing provisions contained in sub-section (3) of the aforesaid section, the state bank of hyderabad may, with the approval of the state bank of india and the reserve bank of india, increase its issued capital and the increased issued capital shall consist of fully paid up shares which shall be issued in such manner as the state bank of india may, with the approval of the reserve bank of india may, direct the increase of the issued capital of the state bank of hyderabad cannot be made in a manner which makes the state bank of india to hold less than fifty-five per cent of the issued capital of the state bank of hyderabadit is proposed to substitute the said sub-section (3) by new sub-sections (3), (3a),(3b), (3c) and (3d)the proposed new sub-section (3) provides that the state bank of hyderabad, may, with the approval of the state bank of india and the reserve bank of india, increase its issued capital by issue of equity or preference shares the increase of issued capital can be by public issue or by preferential allotment or private placement in accordance with the procedure as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959the proposed new sub-section (3a) provides that the issued capital of the state bank of hyderabad shall consists of equity shares or equity and preference shares the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank of india specifying the class of, and, the extent of issue, of each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issuedthe proposed new sub-section (3b) provides that the state bank of hyderabad may, with the approval of the state bank of india and the reserve bank of india, increase its issued capital by issuing bonus shares to existing shareholders in such manner as the state bank of india with the approval of the reserve bank of india, directthe proposed new sub-section (3c) provides that the issued capital of the state bank of hyderabad cannot be increased or reduced in a manner which makes the state bank of india, to hold at any time less than fifty-one per cent instead of fifty-five per cent of the issued capital consisting of equity shares of the state bank of hyderabadthe proposed new sub-section (3d) provides that the state bank of hyderabad may accept the money in respect of shares issued towards increase in issued capital in instalments, make calls and forfeit unpaid shares and re-issue them in the manner as may be specified by regulations made under section 63 of the state bank of india (subsidiary banks) act, 1959clause 6—this clause seeks to substitute section 6 of the state bank of india(subsidiary banks) act, 1959 relating to the authorised capital of new banksunder the existing provisions contained in the said section 6, the authorised capital of the state bank of mysore and the state bank of travancore is rupees two crores each and the authorised capital of every other new bank, ie, the state bank of bikaner, the state bank of indore and the state bank of patiala is rupees one croreit is proposed to increase the authorised capital of each new bank to rupees five hundred croresit is further proposed to provide that the authorised share capital of every new bank shall be divided into share of one hundred rupees each or such denomination as the new bank may, with the approval of the state bank of india, decideit also provides that every new bank may issue the certificates of shares of equivalent values in such denomination as it may decide with the approval of the state bank of india in accordance with the procedure as may be specified by regulations made under section 63 of the aforesaid actclause 7—this clause seeks to amend section 7 of the state bank of india(subsidiary banks) act, 1959 relating to the issued capital of new banksunder the existing provisions contained in sub-section (1) of the said section, the issued capital of a new bank shall consist of such amount as the state bank of india may, with the approval of the reserve bank of india, fix the issued capital is divided into fully paid up shares of hundred rupees eachit is proposed to insert new sub-section (1a) in the aforesaid section to provide that the issued capital of a new bank shall consist of such amount as the state bank of india may, with the approval of the reserve bank of india, fix and be divided into fully paid up shares of such denomination in accordance with sub-section (2) of section 6it is proposed to substitute the said sub-sections (4) and (5) of the said act by new sub-sections (4) to (8)under the existing provisions contained in sub-section (4), a new bank may, with the approval of the state bank of india and the reserve bank of india, increase its issued capital and the increased issued capital shall consist of fully paid up shares which shall be issued in such manner as the state bank of india may, with the approval of the reserve bank of india may, directthe proposed new sub-section (4) provides that a new bank may, with the approval of the state bank of india and the reserve bank of india, increase its issued capital by issue of equity or preference shares the increase of issued capital can be by public issue or by preferential allotment or private placement in accordance with the procedure as may be specified by regulation made under section 63 of the aforesaid actthe proposed new sub-section (5) provides that the issued capital of the new bank shall consist of equity shares or equity and preference shares the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank of india specifying the class of, and the extent of, issue of each preference shares (whether perpetual or irredeemable or redeemable), and the terms and conditions subject to which, each class of preference shares may be issuedthe proposed new sub-section (6) provides for increase of issued capital of a new bank by issue of bonus shares to the existing equity shareholders in such manner as the state bank of india may with the approval of the reserve bank of india, directunder the existing provisions contained in sub-section (5) of the aforesaid section7, the increase or reduction of the issued capital of a new bank cannot be made in a manner which makes the state bank of india to hold at any time less than fifty-five per cent of the issued capital of that new bankthe proposed new sub-section (7) provides that the issued capital of a new bank cannot be increased or reduced in a manner which makes the state bank of india to hold at any time less than fifty-one per cent instead of fifty-five per cent of the issued capital consisting of equity shares of new bankthe proposed new sub-section (8) provides that the new bank, may accept the money in respect of shares issued towards increase in issued capital in instalments, make calls and forfeit unpaid shares and re-issue them in the manner as may be specified by regulation made under section 63 of the state bank (subsidiary banks) act, 1959clause 8—this clause proposes to amend section 18 of the state bank of india(subsidiary banks) act, 1959 relating to transferability of sharesunder the existing provisions contained in sub-section (2) of the said section, the state bank of india cannot transfer any shares held by it in any subsidiary bank (the state bank of bikaner and jaipur, the state bank of indore, the state bank of mysore, the state bank of patiala, the state bank of travancore and the state bank of hyderabad and the state bank of saurashtra) if such transfer result in reducing the shares held by it to less than fifty-five per cent of the issued capital of that subsidiary bankit is proposed to reduce the said limit from fifty-five per cent to fifty-one per cent of the issued capital of that subsidiary bankclause 9—this clause proposes to insert a new section 18a in the state bank of india (subsidiary banks) act, 1959 relating to right of registered shareholder to nominatethe provisions contained in new section, inter alia, allows an individual registered shareholder and individual joint holders to nominate an individual to whom all his or their rights in shares shall vest in the event of death of such individual or joint holdersthe nominee, on the death of the shareholder or all joint shareholders, will become entitled to all the rights of the shareholder or joint holders, as the case may be it also contains provisions relating to a nominee who is a minorclause 10—this clause seeks to substitute a new section for section 19 of the state bank of india (subsidiary banks) act, 1959 relating to restriction on individual holdingsunder the existing provisions contained in sub-section (1) of the said section 19, no person referred to in the proviso to that sub-section shall be registered as a shareholder in respect of any shares in a subsidiary bank held by him, whether in his own name or jointly with any other person, in excess of two hundred shares, or be entitled to payment of any dividend on the excess shares held by him, or to exercise any of the rights of a shareholder in respect of such excess shares otherwise than for the purpose of selling them the persons referred to in the said sub-section are (i) the state bank of india (ii) a state government; (iii) a corporation; (iv) an insurer as defined in the insurance act, 1938; (v) a local authority; (vi) a co-operative society;(vii) a trustee of a public or private religious or charitable trust; (viii) a shareholder of an existing bank who is allotted any shares under sub-section (9) of section 13 of the said actunder the existing provisions contained in sub-section (3) of the said section no shareholder, (other than the state bank of india) shall be entitled to exercise voting rights in respect of any shares held by him in excess of one per cent of the issued capital of the subsidiary bank concernedit is proposed to increase the percentage of voting rights to ten per cent of the issued capital of subsidiary bankit is also proposed that the shareholder holding any preference share capital in the subsidiary bank shall, in respect of such capital, have a right to vote only on resolutions placed before such subsidiary bank which directly affect the rights attached to his preference shares and such preference shareholder shall not be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent of the total voting rights of all the shareholders holding preference share capital onlyclause 11—this clause seeks to amend section 21 of the state bank of india(subsidiary banks) act, 1959 relating to register of shareholdersthe existing provisions contained in the said section provides that every subsidiary bank shall keep at its head office a register, in one or more books, of the shareholders and shall enter therein, inter alia, the particulars relating to the names, addresses and occupation, if any, of the shareholder, distinguish each share by its denoting number, the date on which each person is so entered as a shareholder; and the date on which any person ceases to be a shareholder and such other particulars as may be prescribedit is proposed to insert two new sub-sections (2) and (3), to provide that a subsidiary bank may keep the said register in computer floppies or diskettes or any other electronic form subject to such safeguards as may be specified by regulations made under section 63 of the aforesaid act it further provides that a copy of, or extract from, the register of shareholders, certified to be a true copy under the hand of any officer of the subsidiary bank authorised in this behalf shall, notwithstanding anything contained in the indian evidence act, 1872, be admissible in evidence in all legal proceedingsclause 12—this clause seeks to amend section 22 of the state bank of india(subsidiary banks) act, 1959 relating to trusts not to be entered on the registerit is proposed to omit the words "notwithstanding anything contained in section19" the proposed amendment is of consequential natureclause 13—this clause seeks to amend section 25 of the state bank of india(subsidiary banks) act, 1959 relating to composition of the board of directorsthe existing provisions contained in clause (a) of sub-section (1) of the said section provides that the board of directors of a subsidiary bank shall consist of the chairman for the time being of the state bank of india, as, ex officio, memberit is proposed to substitute said clause so as to provide that the board of directors of a subsidiary bank, inter alia shall consist of the chairman for the time being of the state bank of india, or an official of the state bank of india nominated by chairman, with the approval of the reserve bank of india, as, ex officio, memberthe existing provision contained in clause (b) of sub-section (1) provides that the board of directors of a subsidiary bank, inter alia, shall consist of an officer by the reserve bank of india nominatedit is proposed to omit the said clause the existing provisions contained in clause (d) of sub-section (1) of the above said section provides that the board of directors of a subsidiary bank, inter alia, shall consist of two directors to be elected in the prescribed manner by the shareholders, other than the state bank of indiait is proposed to substitute the said clause (d) so as to provide that the board of directors of a subsidiary bank, inter alia, shall consist of more than three directors to be elected in the manner specified in that clause it provides that (a) if the total amount of holdings of the shareholders (other than the state bank of india) of a subsidiary bank is more than one per cent of the total issued capital, and equal to or less than sixteen per cent of such capital, one director to be elected, in the manner as may be specified by regulations made under section 63 of the aforesaid act, by such shareholders and two directors shall be nominated by the state bank of india, or (b) if the total amount of holdings of the shareholders (other than the state bank of india) of a subsidiary bank is more than sixteen per cent of the total issued capital and equal to or less than thirty-two per cent of such capital, two directors to be elected in the manner as may be specified by regulations made under section 63 of the aforesaid act by such shareholders and one director shall be nominated by the state bank of india, or (c) if the total amount of holdings of the shareholders (other than the state bank of india) of a subsidiary bank is more than thirty-two per cent of the total issued capital, all the three directors to be elected, in the manner as may be specified by regulations made under section 63 of the aforesaid act, by such shareholders however, in case, the total amount of holdings of the shareholders of a subsidiary bank (other than the state bank of india) is not more than one per cent of the total issued capital, all three directors shall be nominated by the state bank of india and such directors shall, be deemed to be directors elected under this clause it further clarifies that the total amount of holdings of the shareholders (other than the state bank) whose names are on the register of shareholders of the subsidiary bank three months before the date fixed for election of directors shall be taken into accountit is also proposed to omit sub-sections (3) and (4) the proposed amendment is consequential natureclause 14—this clause seeks to insert in the state bank of india (subsidiary banks) act, 1959, a new section 25a relating to fit and proper status of an elected director and also insert new section 25b relating to power of the reserve bank to appoint additional directorsthe provisions contained in sub-section (1) of the said new section 25a, inter alia, provides that the directors to be elected under clause (d) of sub-section (1) of section 25 shall have special knowledge or practical experience in respect of one or more of the matters, namely, agricultural and rural economy, banking, co-operation, economics, finance, law, small-scale industry or any other matter the special knowledge of, and practical experience which would, in the opinion of the reserve bank, be useful to the subsidiary bank; or such elected directors should represent the interests of depositors; or represent the interests of farmers, workers and artisansthe provisions contained in sub-section (2) of the aforesaid new section 25aprovides that no person shall be eligible to be elected as director under clause (d) of sub-section (1) of section 25 unless he is a person having fit and proper status based upon track record, integrity and such other criteria as the reserve bank of india may notify from time to time in this regardthe provisions contained in sub-section (3) of the aforesaid new section 25aprovides that the reserve bank of india may also specify in the notification issued under sub-section (2), the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determination, and such other matters as may be considered necessary or incidental theretothe provisions contained in sub-section (4) of the aforesaid proposed new section25a provides that where the reserve bank of india is of the opinion that any director of a subsidiary bank elected under clause (d) of sub section (1) of section 25 does not fulfil the requirements of sub-sections (1) and (2) of the proposed new section 25a, it may, after giving to such director and the subsidiary bank a reasonable opportunity of being heard, by order, remove such director and on such removal, the board of directors shall co-opt any other person fulfilling the requirements of the said sub-sections as a director in place of the person so removed till a director is duly elected by the shareholders of the subsidiary bank in the next annual general meeting and the person so co-opted shall be deemed to have been duly elected by the shareholders of the subsidiary bank as a directorthe provisions contained in sub-section (1) of the said new section 25b provide that if the reserve bank of india is of the opinion that in the interest of banking policy or in the public interest or in the interest of the subsidiary bank or its depositors, it is necessary so to do, it may, from time to time and by order in writing appoint, with effect from such date as may be specified in the order, one or more persons to hold office as additional directors of the subsidiary bankthe provisions contained in sub-section (2) of the aforesaid new section 25bprovide that any person appointed as additional director in pursuance of this section shall hold office during the pleasure of the reserve bank of india and subject thereto for a period not exceeding three years or such further period not exceeding three years at a time as the reserve bank may specify and shall not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto and not be required to hold qualification shares in the subsidiary bankthe provisions contained in sub-section (3) of the aforesaid new section 25bprovides that for the purpose of reckoning any proportion of the total number of directors of the subsidiary bank, any additional director appointed under this section shall not be taken into accountclause 15—this clause seeks to amend section 26 of the state bank of india(subsidiary banks) act, 1959 relating to term of office of directorsthe existing provisions contained under sub-section (1) of section 26 provides that the directors nominated under clause (b), (c) or (e) of sub-section (1) of section 25shall hold office at the pleasure of the nominating authorityit is proposed to omit the reference of clause (b) of sub-section (1) of section 25which relates to nomination of officer of the reserve bank of india as director in a subsidiary bank which is proposed to be omitted by clause 13 of the bill the amendment is of consequential natureclause 16—this clause seeks to amend section 27 of the state bank of india(subsidiary banks) act, 1959 relating to disqualification for directorshipit is proposed to substitute the reference of "banking companies act, 1949", by the "banking regulation act, 1949" the proposed amendment is of consequential natureclause 17—this clause seeks to amend section 28 of the state bank of india(subsidiary banks) act, 1959 relating to vacation of office of directorsthe existing provisions contained under said section 28 provides that the vacation of office of directors such as resignation, absence without permission, etc, which are applicable to the directors nominated by the reserve bank of indiait is proposed to omit the reference of clause (b) of sub-section (1) of section 25which relates to nomination of office of the reserve bank of india as director in a subsidiary bank which is proposed to be omitted by clause 13 of the bill the proposed amendment is of consequential natureclause 18—this clause seeks to amend section 34 of the state bank of india(subsidiary banks) act, 1959 relating to meetings of the board of directorsthe existing provisions contained in sub-section (2) provides that the chairman of the state bank of india shall preside at every meeting of the board of directors of a subsidiary bank and, in his absence, such one of the directors as may generally or in relation to any particular meeting be authorised by the chairman in this behalf shall preside and in the absence of the chairman and also failing such authorisation, the directors of the subsidiary bank present at the meeting shall elect one from among themselves to preside at the meetingit is proposed to provide that the chairman of the board of directors of a subsidiary bank shall preside at every meeting of the board of directors of the subsidiary bank instead of the chairman of the state bank of indiait is also proposed to omit in sub-sections (4) and (5), the reference of clause (b)of sub-section (1) of section 25 which relates to nomination of officer of the reserve bank of india as director in a subsidiary bank which is proposed to be omitted by clause 13 of the billthe provisions contained in sub-section (6) provides that a copy of the minutes of every meeting of the board of directors of a subsidiary bank, together with copies of all connected papers, shall be forwarded to the state bank of india and the reserve bank of india as soon as possibleit is proposed to omit the reference of the reserve bank of india from the scope of aforesaid section so as to provide that a copy of the minutes of every meeting of the board of directors of a subsidiary bank, together with copies of all connected papers, shall not be required to be forwarded to the reserve bank of indiaclause 19—this clause seeks to insert section 35a of the state bank of india(subsidiary banks) act, 1959 relating to supersession of board of directors in certain casesthe provisions contained in the said new section 35a, inter alia, provides that where the reserve bank of india, on the recommendation of the state bank of india, is satisfied that in the public interest or for preventing the affairs of a subsidiary bank being conducted in a manner detrimental to the interest of the depositors or the subsidiary bank or for securing the proper management of the subsidiary bank, it is necessary so to do, the reserve bank of india may, for reasons to be recorded in writing, by order, supersede the board of directors of the subsidiary bank for a period not exceeding six months as may be specified in the order however, the period of supersession of the board of directors may be extended from time to time, but that total period shall not exceed twelve months it further provides that the reserve bank of india may, on supersession of the board of directors of the subsidiary bank, appoint an administrator (not being an officer of the central government or state government) who has experience in law, finance, banking, economics or accountancy for such period as it may determine the reserve bank may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions the administrator appointed shall vacate office immediately after the board of directors of the subsidiary bank has been reconstitutedit also contains provisions in connection with or arising out of supersession of the board of directors of the subsidiary bankclause 20—this clause seeks to amend section 38 of the state bank of india(subsidiary banks) act, 1959 relating to acquisition of business of other banksit is proposed to substitute the reference of "banking companies act", by the"banking regulation act" the proposed amendment is of consequential natureclause 21—this clause seeks to amend section 39 of the state bank of india(subsidiary banks) act, 1959 relating to closing of annual accountsthe existing provisions contained in section 39 of the said act, inter alia, provide that a subsidiary bank shall cause its books to be closed and balanced as on the 31st day of december or such other date as the central government may specify it is proposed to change the said period from the month of december to the month of marchclause 22—this clause seeks to insert new section 40a in the state bank of india (subsidiary banks) act, 1959 relating to transfer of unpaid or unclaimed dividend to special dividend accountthe provisions contained in the proposed new section provides that in case a dividend has been declared by the subsidiary bank but has not been paid, or claimed, within thirty days from the date of declaration, to or by, any shareholder entitled to the payment of the dividend, the subsidiary bank shall, within seven days from the date of the expiry of such period of thirty days, transfer the total amount of dividend which remains unpaid, or unclaimed within the said period of thirty days, to a special account to be called 'unpaid dividend' account of such subsidiary bank the expression "dividend which remains unpaid" has been defined to mean any dividend the warrant in respect thereof has not been encashed or which has otherwise not been paid or claimedit further provides that where the whole or any part of any dividend, declared by the subsidiary bank before the commencement of the proposed legislation remains unpaid at such commencement, the subsidiary bank shall, within a period of six months from such commencement, transfer such unpaid amount to the account referred to in sub-section (1) of the said new sectionit also provides that any money transferred to the unpaid dividend account of the subsidiary bank in pursuance of the proposed new section, which remains unpaid or unclaimed for a period of seven years from the date of such transfer shall be transferred by the subsidiary bank to the investor education and protection fund established under sub-section (1) of section 205c of the companies act, 1956 and the money so transferred to the investor education and protection fund shall be utilised for the purposes and in the manner specified in section 205c of the said actclause 23—this clause seeks to amend section 43 of the state bank of india(subsidiary banks) act, 1959 relating to returns to be furnished by a subsidiary bankthe existing provisions contained in the said section, inter alia, provide that a subsidiary bank shall furnish, to the state bank of india, the reserve bank of india and the central government, within three months from the 31st day of december or the date notified under section 39, as the case may be, as on which its books are closed and balanced, its balance-sheet, together with the profit and loss account and the auditor's report, and a report by its board of directors on the working and activities of the subsidiary bank during the period covered by the accountsit is proposed to change the said period from the month of december to the month of marchit is further proposed to provide that the balance-sheet and profit and loss account of the subsidiary bank shall be signed by persons holding the office of the chairman, managing director, and a majority of the other directors in office of the subsidiary bankclause 24—this clause seeks to amend section 44 of the state bank of india(subsidiary banks) act, 1959 relating to general meetingsthe existing provisions contained in sub-section (2) of the said section provides that shareholders present at an annual general meeting shall be entitled to discuss the balance-sheet and profit and loss account of the bank concerned, made up to the previous 31st day of december, or the date notified under section 39, as the case may be, the report of the board of directors on the working and activities of that bank for the period covered by the accounts and the auditors' report on the balance-sheet and accountsit is proposed to provide that shareholders present at an annual general meeting shall be entitled to discuss and adopt the balance-sheet instead of to discuss balancesheet made up to the previous 31st day of march instead of 31st day of december, or the date notified under section 39, as the case may be, the report of the board of directors on the working and activities of that bank for the period covered by the accounts and the auditors' report on the balance-sheet and accountsclause 25—this clause seeks to amend section 48 of the state bank of india(subsidiary banks) act, 1959 relating to cost of development programmeit is proposed to substitute the reference of indian income-tax act, 1922, by the income-tax act, 1961 the proposed amendment is of consequential natureclause 26—this clause seeks to amend section 50 of the state bank of india(subsidiary banks) act, 1959 relating to staff of a subsidiary bankit is proposed to insert a new sub-section (1a) in the said section so as to provide that the officers, advisers and employees of the subsidiary bank concerned shall individually or jointly, or with other officers, advisers and employees in a committee exercise such powers and perform such duties as may, by general or special order, be entrusted or delegated to them by the board of directors or its executive committeeclause 27—this clause seeks to amend section 55 of the state bank of india(subsidiary banks) act, 1959 relating to non-applicability of the companies act, 1956, and the banking companies act, 1949 to certain existing banks it is proposed to substitute the reference of "banking companies act", by the"banking regulation act" the proposed amendment is of consequential natureclause 28—this clause seeks to amend section 63 of the state bank of india(subsidiary banks) act, 1959 relating to power of the state bank of india to make regulationsthe existing provisions contained in the said section confers power upon the state bank of india to make, with the approval of the reserve bank of india, by the notification in the official gazette, the regulations in respect of a subsidiary bankcertain provisions of the bill confer power upon the state bank of india to make the regulations in respect of certain matters it is proposed to amend the said section so as to include within the scope of the said section the said matters in respect of which the state bank of india may make the regulations memorandum regarding delegated legislationclause 28 of the bill seeks to amend section 63 of the state bank of india (subsidiary banks) act, 1959 which empowers the state bank, with the approval of the reserve bank, to make regulations in respect of a subsidiary bank (being the state bank of saurashtra, the state bank of hyderabad and subsidiary banks of state bank of india), not inconsistent with this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act or any other law for the time being in force these matters, inter alia, relate to (a) the procedure for issuing the certificates of shares, (b) the procedure with respect to increase, whether by public issue or by preferential allotment or private placement, the issued capital by issue of equity or preference shares, (c) the manner of acceptance of share money in instalments, the manner of making calls and the manner of forfeiture of unpaid shares and their re-issue, (d)the maintenance of share registers, and particulars to be entered in such registers in addition to those specified in sub-section (1) of section 21, the safeguards to be observed in the maintenance of the register of shareholders on computer floppies or diskettes or any other electronic form, the inspection and closure of the registers and all other matters connected therewith, (e) the manner in which every individual registered shareholder nominate an individual to whom all his rights in the shares shall vest in the event of his death under subsection (1) of section 18a, (f) the manner in which, the joint holders may nominate an individual to whom all their rights in the shares shall vest in the event of the death of all the joint holders under sub-section (2) of section 18a, (g) the manner in which nomination is varied or cancelled under sub-section (3) of section 18a, (h) the manner in which every individual registered as holder of the shares to make nomination where nominee is a minor to appoint any person to become entitled to the shares in the event of his death during the minority of the nominee under sub-section (4) of section 18a2 the regulations made under this section shall have to be laid before both houses of parliament3 the matters in respect of which regulations may be made are matters of procedure or 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 extracts from the state bank of saurashtra act, 1950| ||-------------------------------------------------------------------------------|| authorised || capital || 5 || ( || 1 || ) the authorised capital of the saurashtra bank shall be two crores of rupees || divided into shares of one hundred rupees each |(2) notwithstanding anything contained in the section, the state bank may, with the approval of the reserve bank, authorise the saurashtra bank to increase or reduce its authorised capital:provided that where the authorised capital is so increased, the shares issued shall be of the denomination specified in sub-section (1)issued capital6(1) (3) without prejudice to the provisions contained in sub-section (4), the saurashtra bank may, with the approval of the state bank and the reserve bank, increase, from time to time, its issued capital and the capital so increased shall consist of fully paid-up shares to be issued in such manner as the state bank may, with the approval of the reserve bank, direct:provided that the issued capital shall be so increased that at no time shall the state bank hold less than fifty-five per cent of the issued capital of the saurashtra bank extracts from the state bank of hyderabad act, 1956 (79 of 1956) chapter iii capital of the hyderabad bankauthorised capital9 (1) the authorised capital of the hyderabad bank shall be one crore of rupees,divided into shares of one hundred rupees each(2) notwithstanding anything contained in this section, the state bank may, with the approval of the reserve bank, authorise the hyderabad bank to increase or reduce its authorised capital:provided that where the authorised capital is so increased, the shares issued shall be of the deonomination specified in sub-section (1)10 (1) issued capital(3) without prejudice to the provisions contained in sub-section (4), the hyderabad bank may, with the approval of the state bank and the reserve bank, increase, from time to time, its issued capital and the capital so increased shall consist of fully paid-up shares to be issued in such manner as the state bank may, with the approval of the reserve bank, direct:provided that the issued capital shall be so increased that at no time shall the state bank hold less than fifty-five per cent of the issued capital of the hyderabad bank extracts from the state bank of india (subsidiary banks) act, 1959 (38 of 1959) authorised capital of new banks6 (1) subject to the provisions of this act, the authorised capital of the state bank of mysore and the state bank of travancore shall be rupees two crores each, and the authorised capital of every other new bank shall be rupees one crore(2) the authorised capital of every new bank shall be divided into shares of one hundred rupees each(3) notwithstanding anything contained in this section, the state bank may, with the approval of the reserve bank, authorise a new bank to increase or reduce its authorised capital:provided that where the authorised capital is so increased, the shares issued shall be of the denomination specified in sub-section (2)7 (1) issued capital of new banks(4) without prejudice to the provisions contained in sub-section (3), a new bank may, with the approval of the state bank and the reserve bank, increase from time to time, its issued capital and the capital so increased shall consist of fully paid-up shares to be issued in such manner as the state bank may, with the approval of the reserve bank, direct(5) no increase or reduction in the issued capital of a new bank shall be made in such a manner that the state bank holds at any time less than fifty-five per cent of the issued capital of that bank chapter iv shares of the subsidiary banks18 (1) transferability of shares(2) nothing contained in sub-section (1) shall entitle the state bank to transfer any shares held by it in any subsidiary bank such transfer will result in reducing the shares held by it to less than fifty-five per cent of the issued capital of that subsidiary bankrestriction on individual holdings19 (1) no person shall be registered as a shareholder in respect of any shares in a subsidiary bank held by him, whether in his own name or jointly with any other person, in excess of two hundred shares, or be entitled to payment of any dividend on the excess shares held by him, or to exercise any of the rights of a shareholder in respect of such excess shares otherwise than for the purpose of selling them:provided that nothing contained in this sub-section shall apply to—(a) the state bank;(b) a state government; (c) a corporation;4 of 1938(d) an insurer as defined in the insurance act, 1938;(e) a local authority; (f) a co-operative society; (g) a trustee of a public or private religious or charitable trust;(h) a shreholder of an existing bank who is allotted any shares under sub-section(9) of section 13(2) notwithstanding anything contained in sub-section (1), no person referred to in the proviso to that sub-section, other than the state bank, shall be entitled to exercise voting rights in respect of any shares held by such person in excess of one per cent of the issued capital of the subsidiary bank concerned [10] m ctrusts not to be entered on the register22 notwithstanding anything contained in section 19, no notice of any trust, express, implied or constructive, shall be entered on the register of shareholders of a subsidiary bank or be receivable by it in respect of its shares:provided that nothing in this section shall apply to a depository in respect of shares held by it as a registered owner on behalf of the beneficial owners22 of 1996explanation—for the purposes of section 21, section 21a and this section, the expressions "beneficial owner", "depository" and "registered owner" shall have the meanings respectively assigned to them in clauses (a), (e) and (j) of sub-section (1) of section 2 of the depositories act, 1996 [10] m c25 (1) subject to the provisions of sub-section (2), the board of directors of a subsidiary bank shall consist of the following:—composition of the board of directors(a) the chairman for the time being of the state bank, ex officio; (b) an officer of the reserve bank, to be nominated by that bank; [10] m c(d) two directors to be elected in the prescribed manner by the shareholders, other than the state bank:provided that if the total amount of the holdings of all such shareholders registered in the books of the subsidiary bank three months before the date fixed for election is below five per cent of the total issued capital, or if there are no shareholders other than the state bank registered on the books of the subsidiary bank, the directors to be elected by the shareholders shall be nominated by the state bank and such directors shall, for the purposes of this act, be deemed to be directors elected under this clause: [10] m c(3) if, for any reason, a director of a subsidiary bank nominated under clause (b) of sub-section (1) is unable to exercise his functions or to discharge his duties as such director, the reserve bank may nominate any of its officers to exercise all the functions and the discharge all the duties of such director whenever he is so unable to exercise his functions or discharge his duties, and the officer so nominated shall for all purposes of this act be deemed to be a director of the subsidiary bank(4) an officer of the reserve bank or the state bank may be nominated as a director of a subsidiary bank by virtue of his office term of office of directors26 (1) a director of subsidiary bank, nominated under clause (b) or clause (c) or clause (e) of sub-section (1) of section 25 or appointed under clause (ca) or clause (cb)of that sub-section27 (1) a person shall be disqualified to be a director of a subsidiary bank, if—disqualification for directorship10 of 1949 (5) in this section,—(a) "banking company" has the same meaning as in the banking companies act, 1949; 28 if a director of a subsidiary bank—vacation of office of directors(a) is, or has become subject to any of the disqualifications mentioned in section27; or(b) resigns his office by giving notice in writing under his hand, in the case of a nominated director to the state bank, and in the case of an elected director to the board of directors of the subsidiary bank, and his registration is accepted; or(c) is absent without leave of the board of directors for more than three consecutive meetings thereof; his seat on the board of directors shall thereupon become vacant: provided that nothing in clause (b) or clause (c) shall apply to a director referred to in clause (b) of sub-section (1) of section 25 or to a director, being an officer of the state bank, nominated under clause (c) or to a director, being an officer of the central government nominated under clause (e) of that sub-section 34 (1) meetings of the board of directors(2) the chairman of the state bank shall preside at every meeting of the board of directors of a subsidiary bank and, in his absence such one of the directors as may generally or in relation to any particular meeting be authorised by the chairman in this behalf shall preside; and in the absence of the chairman and also failing such authorisation, the directors of the subsidiary bank present at the meeting shall elect one from among themselves to preside at the meetingexplanation—for the purposes of this sub-section, "absence from a meeing" means non-attendance for any reasons whatsoever at the meeting or any part of the meeting during which any business is transacted [10] m c(4) where any of the directors specified in clauses (a) and (b) of sub-section (1) of section 25 or any of the directors, being an officer of the state bank specified in clause (c)of that sub-section is unable to attend any meeting of the board of directors of a subsidiary bank and the state bank or any other such director as may be present at the meeting considers that the state bank would not be adequately or effectively represented at such meeting by reason of the absence of any such director, the state bank or director present may give notice in writing to that subsidiary bank—(i) that the meeting should be adjourned to such date as may be indicated in the notice; or(ii) that any matter, action, step or proceeding proposed to be considered, taken or carried out at that meeting, should not be so considered, taken or carried out; or(iii) that no decision should be taken at that meeting on any such matter, action, step or proceeding;and that subsidiary bank and its board of directors shall be bound to comply with such notice and act accordingly(5) a director of a subsidiary bank who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal, entered into or proposed to be entered into or made by or on behalf of the subsidiary bank shall, at the earliest possible opportunity, disclose the nature of his interest to the board of directors of that bank; and any such director shall not be present at any meeting of the board of directors when any such contract, loan, arrangement or proposal is discussed, unless his presence is required by the other directors for the purpose of eliciting information and where any director is so required to be present, he shall not vote on any such contract, loan, arrangement or proposal:provided that nothing contained in this sub-section shall apply to such director by reason only of his being—1 of 1956(i) a shareholder (other than a director) holding not more than two per cent of the paid-up capital in any public company as defined in the companies act, 1956, or any corporation established by or under any law for the time being in force in india or any co-operative society, with which or to which the subsidiary bank has entered into or made, or proposes to enter into or make, contract, loan, arrangement or proposal; and(ii) a director of the state bank or any other subsidiary bank being a director under clause (a) or clause (e) of sub-section (1) of section 25 or being an officer of the reserve bank or the state bank nominated under clause (b) or clause (c) of that subsection; or(iii) an officer or other employee of the state bank, or any other institution, if he is the managing director appointed under sub-section (1) of section 29 or under section32; or(iv) an officer or other employee of the subsidiary bank, if he is a director appointed under clause (ca) or clause (cb) of sub-section (1) of section 25(6) a copy of the minutes of every meeting of the board of directors of a subsidiary bank, together with copies of all connected papers, shall be forwarded to the state bank and the reserve bank as soon as possible 38 (1) acquisition of business of other banks(10) simultaneously with the appointment of a suitable person under sub-section (9)or immediately thereafter, the central government shall issue directions to be followed by that person in the management of that banking institution for the purposes aforesaid and thereupon—1 of 1956 10 of 1949(a) the provisions of the companies act, 1956, or the banking companies act,1949, or any other law for the time being in force or any instrument having effect by virtue of any such act or law, in so far as they are inconsistent with such directions, shall cease to apply to, or in relation to, that banking institution; chapter vii accounts and auditclosing of annual accounts39 a subsidiary bank shall cause its books to be closed and balanced as on the thirtyfirst day of december or such other date in each year as the central government may, by notification in the official gazette, specify:provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this section, the central government may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for other matters relating to, the books in respect of the concerned years 43 (1) a subsidiary bank shall furnish to the state bank, the reserve bank and the central government—returns to be furnished by a subsidiary bank(a) within three months from the 31st day of december or the date notified under section 39, as the case may be, as on which its books are closed and balanced, its balance-sheet, together with the profit and loss account and the auditor's report, and a report by the board of directors on the working and activities of the subsidiary bank during the period covered by the accounts; and(b) any other information relating to the affairs and business of the subsidiary bank which the state bank or the reserve bank may require: provided that the reserve bank may, after consultation with the state bank, extend the said period of three months by such further period, not exceeding three months, as it may think fit(2) the balance-sheet and the profit and loss account of a subsidiary bank shall be signed by the managing director and a majority of the directors of the subsidiary bank 44 (1) general meetings(2) the shareholders present at an annual general meeting shall be entitled to discuss the balance-sheet and profit and loss account of the bank concerned, made up to the previous 31st day of december or the date notified under section 39, as the case may be, the report of the board of directors on the working and activities of that bank for the period covered by the accounts and the auditors' report on the balance-sheet and accounts(3) nothing contained in this section relating to an annual general meeting shall apply in relation to a subsidiary bank if, as on the previous 31st day of december or the date notified under section 39, as the case may be, all the shares in the issued capital of that bank are held by the state bank 48 (1) cost of development programme11 of 1922(2) for the purposes of the indian income-tax act, 1922, any subsidy received by a subsidiary bank under sub-section (1) shall not be treated as income, profits or gains of the subsidiary bank| | | | | ||------|------|------|------|-----|1 of 1956 1 of 194955 subject to the provisions of this act and unless the central government, by notification in the official gazette, otherwise directs, on and from the appointed day, the provisions of the companies act, 1956, and the banking companies act, 1949, shall not apply to an existing bank, in so far as the said provisions impose any obligation on, or require anything to be done by, any such bankcompanies act, 1956, and banking companies act, 1949, not to apply to certain existing banks power of the state bank to make regulations63 (1) the state bank of may, with the approval of the rescue bank by notification in the official gazette make in respect of a subsidiary bank regulations, not inconsistant with this act and the rules made thereunder, to provide all matter for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— (g) the maintenance of share registers, and the particulars to be entered in such registers in addition to those specified in section 21, the inspection and closure of the registers and all other matters connected therewith; (4) every regulation shall, as soon as may be after it is made under this act by the state bank, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified for or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation————— abillfurther to amend the state bank of saurashtra act, 1950, and the state bank of hyderabad act, 1956 and the state bank of india (subsidiary banks) act, 1959———— the state bank of india (subsidiary banks laws) amendment bill, 2006 [to be/as introduced in lok sabha] 1 page 1, in the long title,- for "state bank of saurashtra act, 1950, and" read "state bank of saurashtra act, 1950," 2 page 8, against line 4,- omit the marginal citation "10 of 1949" 3 page 8, against line 5,- omit the marginal citation "10 of 1949" 4 page 9, in clause 22, in the marginal heading against proposed new section 40 a,- for "special" read "unpaid" 5 page 10, line 8,- omit the marginal citation "11 of 1922" 6 page 10, line 9,- omit the marginal citation "43 of 1961" 7 page 11, line 4,- for "decade" read "decades" 8 page 11, line 25,- for "adquacy" read "adequacy" 9 page 11, line 30,- for "issues" read "issued" 10 page 12, line 30,- for "a subsidiary banks to co-opt any other persons" read "subsidiary bank to co-opt any other person" new delhi; may 17, 2006__________ vaisakha 27, 1928 (saka)

Parliament_bills

0c631c6d-21e2-58ce-be18-4dd2926eea68

bill no 156 of 2015 the benami transactions (prohibition) amendment bill, 2015 a billfurther to amend the benami transactions (prohibition) act, 1988be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—2 in the benami transactions (prohibition) act, 1988 (hereinafter referred to as the principal act), before section 1, the following heading shall be inserted, namely:—45 of 1988insertion of new heading before section 1 ''chapter i preliminary''amendment of section 153 in section 1 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—45 of 1988"(1) this act may be called the prohibition of benami property transactions act, 1988" 4 for section 2 of the principal act, the following section shall be substituted, namely:—10substitution of new section for section 2 definitions 2 in this act, unless the context otherwise requires,—(1) "adjudicating authority" means the adjudicating authority appointed under section 7;43 of 1961(2) "administrator" means an income-tax officer as defined in clause (25)of section 2 of the income-tax act, 1961;15 15(3) "appellate tribunal" means the appellate tribunal established under section 30;43 of 1961(4) "approving authority" means an additional commissioner or a joint commissioner as defined in clauses under (1c) and (28c) respectively of section 2 of the income-tax act, 1961;20(5) "attachment" means the prohibition of transfer, conversion, disposition or movement of property, by an order issued under this act;(6) "authority" means an authority referred to in sub-section (1) of section 18;2510 of 1949(7) "banking company" means a company to which the provisions of the banking regulation act, 1949, applies and includes any bank or banking institution referred to in section 51 of that act;(8) "benami property" means any property which is the subject matter of a benami transaction and also includes the proceeds from such property;30(9) "benami transaction" means,—(a) a transaction or an arrangement—(a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and35(b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by—40(i) a karta, or a member of a hindu undivided family, as the case may be, and the property is held for his benefit or benefit of other members in the family and the consideration for such property has been provided or paid out of the known sources of income of the hindu undivided family;(ii) a person standing in a fiduciary capacity for the benefit of another person towards whom he stands in such capacity and includes a trustee, executor, partner, director of a company, a depository or a participant as an agent of a depository under the depositories act, 1996 and any other person as may be notified by the central government for this purpose;| ( | iii | ) any person being an individual in the name of his spouse or in ||----------------------------------------------------------------------------|-------|-----------------------------------------------------------------------|| the name of any child of such individual and the consideration for such | | || property has been provided or paid out of the known sources of income of | | || the individual; | | || 5 | | || ( | iv | ) any person in the name of his brother or sister or lineal ascendant || or descendant, where the names of brother or sister or lineal ascendant or | | || descendent and the individual appear as joint-owners in any document, | | || and the consideration for such property has been provided or paid out of | | || the known sources of income of the individual; or | | || 10 | | || ( | b | ) a transaction or an arrangement in respect of a property carried || out or made in a fictitious name; or | | || ( | c | ) a transaction or an arrangement in respect of a property where || the owner of the property is not aware of, or, denies knowledge of, such | | || ownership; | | || 15 | 15 | || ( | d | ) a transaction or an arrangement in respect of a property where || the person providing the consideration is not traceable or is fictitious; | | |(10)"benamidar" means a person or a fictitious person, as the case may be, in whose name the benami property is transferred or held and includes a person who lends his name;20(11) "bench" means a bench of the adjudicating authority or the appellatetribunal, as the case may be;(12)"beneficial owner" means a person, whether his identity is known or not, for whose benefit the benami property is held by a benamidar;(13) "board" means the central board of direct taxes constituted under the central boards of revenue act, 1963;2554 of 1963(14) "director" shall have the same meaning as assigned to it in clause (34)of section 2 of the companies act , 2013;18 of 201339 of 1925(15) "executor" shall have the same meaning as assigned to it in clause (c)of section 2 of the indian succession act, 1925;(16)"fair market value", in relation to a property, means—30(i) the price that the property would ordinarily fetch on sale in theopen market on the date of the transaction; and(ii) where the price referred to in sub-clause (i) is not ascertainable,such price as may be determined in accordance with such manner as may be prescribed;359 of 1932 6 of 2009(17) "firm" shall have the same meaning as assigned to it in section 4 of the indian partnership act, 1932 and shall include a limited liability partnership as defined in the limited liability partnership act, 2008;(18) "high court" means—40(i) the high court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and45(ii) where the government is the aggrieved party, the high court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain;(19) "initiating officer" means an assistant commissioner or a deputy commissioner as defined in clauses (9a) and (19a) respectively of section 2 of the income-tax act, 1961;43 of 1961(20) "member" means the chairperson or the member of the adjudicating authority or the appellate tribunal, as the case may be;5(21) "notification" means a notification published in the official gazette and the expression "notified" shall be construed accordingly;9 of 1932(22) "partner" shall have the same meaning as assigned to it in section 4 of the indian partnership act, 1932, and shall include,—10(a) any person who, being a minor, has been admitted to the benefits of partnership; and6 of 2009(b) a partner of a limited liability partnership formed and registered under the limited liability partnership act, 2008;9 of 1932156 of 2009(23) "partnership" shall have the same meaning as assigned to it in section4 of the indian partnership act, 1932, and shall include a limited liability partnership formed and registered under the limited liability partnership act, 2008;(24) "person" shall include—(i) an individual;20(ii) a hindu undivided family; (iii) a company; (iv) a firm; (v)an association of persons or a body of individuals, whether incorporated or not,25(vi) every artificial juridical person, not falling under subclauses (i) to (v); (25) "prescribed" means prescribed by rules made under this act;30(26) "property" means assets of any kind, whether movable or immovable, tangible or intangible, corporeal or incorporeal and includes any right or interest or legal documents or instruments evidencing title to or interest in the property and where the property is capable of conversion into some other form, then the property in the converted form and also includes the proceeds from the property;(27) "public financial institution" shall have the same meaning as assigned to it in clause (72) of section 2 of the companies act, 2013;18 of 201335(28) "special court" means a court of session designated as special court under sub-section (1) of section 50;(29) "transfer" includes sale, purchase or any other form of transfer of right, title, possession or lien;(30) "trustee" means the trustee as defined in the section 3 of the indian trusts act, 1882402 of 188245(31) words and expressions used herein and not defined in this act but defined in the indian trusts act, 1882, the indian succession act, 1925, the indian partnership act, 1932, the income-tax act, 1961, the depositories act, 1996, the prevention of money-laundering act, 2002, the limited liability partnership act, 2008 and the companies act, 2013, shall have the same meanings respectively assigned to them in those acts'2 of 1882 39 of 1925 9 of 1932 43 of 1961 22 of 1996 15 of 2003 6 of 2009 18 of 20135 before section 3 of the principal act the following heading shall be inserted, namely:—| insertion | of ||-------------------|---------|| new | heading || before section 3 | | "chapter ii prohibition of benami transactions"56 in section 3 of the principal act,—amendment of section 3(a) sub-section (2) shall be omitted;(b) sub-section (3) shall be re-numbered as sub-section (2) thereof;(c) after sub-section (2) as so re-numbered, the following sub-section shall be inserted, namely:—10"(3) whoever enters into any benami transaction on and after the date ofcommencement of the benami transactions (prohibition) amendment act, 2015, shall, notwithstanding anything contained in sub-section (2), be punishable in accordance with the provisions contained in chapter vii"; (d) sub-section (4) shall be omitted7 in section 4 of the principal act, sub-section (3) shall be omitted15amendment of section 48 for sections 5 and 6 of the principal act, the following sections shall be substituted, namely:—"5 any property, which is subject matter of benami transaction, shall be liable to be confiscated by the central governmentsubstitution of new sections for sections 5 and 6 property held benami liablet o confiscation206 (1) no person, being a benamidar shall re-transfer the benami property heldby him to the beneficial owner or any other person acting on his behalfprohibition on re-transfer of property by benamidar(2) where any property is re-transferred in contravention of the provisions of sub-section (1), the transaction of such property shall be deemed to be null and void"9 after section 6 of the principal act, the following shall be inserted, namely:—insertion of new chapters iii to vii 'chapter iii 25 authoritiesadjudicating authority7 the central government shall, by notification, appoint one or more adjudicating authorities to exercise jurisdiction, powers and authority conferred by or under this act30composition of authority8 an adjudicating authority shall consist of a chairperson and at least twoother members9 (1) a person shall not be qualified for appointment as the chairperson or a member of the adjudicating authority unless he,—(a) has been a member of the indian revenue service and has held the post of commissioner of income-tax or equivalent post in that service; or35qualifications for appointment of chairperson and members(b) has been a member of the indian legal service and has held the postof joint secretary or equivalent post in that service(2) the chairperson and other members of the adjudicating authority shall be appointed by the central government in such manner as may be prescribed40(3) the central government shall appoint the senior-most member to be the chairperson of the adjudicating authority10 (1) subject to the provisions of this act,—constitution of benches of adjudicating authority(a) the jurisdiction of the adjudicating authority may be exercised by benches thereof;5 (b) a bench may be constituted by the chairperson of the adjudicating authority with two members, as the chairperson may deem fit;(c) the benches of the adjudicating authority shall ordinarily sit in the national capital territory of delhi and at such other places as the central government may, in consultation with the chairperson, by notification, specify;10(d) the central government shall, by notification, specify the areas in relation to which each bench of the adjudicating authority may exercise jurisdiction (2) notwithstanding anything contained in sub-section (1), the chairperson may transfer a member from one bench to another bench155 of 190811 the adjudicating authority shall not be bound by the procedure laid down by 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, the authority shall have powers to regulate its own procedure2012 the chairperson and members of the adjudicating authority shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty- two years, whichever is earlier and shall not be eligible for re-appointmentpower of adjudicating authority to regulate its own procedureterm of office of chairperson and members of adjudicating authority13 (1) the salary and allowances payable to, and the other terms and conditions of service of the chairperson and other members of the adjudicating authority shall be such as may be prescribed 25(2) any vacancy caused to the office of the chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occursterms and conditions of services of chairperson and members of adjudicating authority3014 (1) the central government may, by order, remove from office the chairperson or other members the adjudicating authority, if the chairperson or such other member, as the case may be,—(a) has been adjudged as an insolvent; orremoval of chairperson and members of adjudicating authority(b) has been convicted of an offence, involving moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or35(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or(e) has so abused his position as to render his continuance in office is prejudicial to the public interest (2) no chairperson or member shall be removed from his office under clause (d)or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter40member to act as chairperson in certain circumstances15 (1) in the event of the occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the senior-most member shall act as the chairperson of the adjudicating authority until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office45(2) when the chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties516 no act or proceeding of the adjudicating authority shall be invalid merely by reason of—| ( | a | ) any vacancy in, or any defect in the constitution of the authority; or ||-----------------|-----|----------------------------------------------------------------------------|| vacancies, etc | | || not to | | || invalidate | | || proceedings | | || of | | || adjudicating | | || authority | | || ( | b | ) any defect in the appointment of a person acting as a member of the || authority; or | | |10(c) any irregularity in the procedure of the authority not affecting themerits of the case17 (1) the central government shall provide each adjudicating authority with such officers and employees as that government may think fitofficers and employees of adjudicating authority(2) the officers and employees of the adjudicating authority shall discharge their functions under the general superintendence of the chairperson of the adjudicating authority15 1518 (1)the following shall be the authorities for the purposes of this act, namely:—authorities and jurisdiction(a) the initiating officer;| ( | b | ) the approving authority; ||-----|-----|-------------------------------|| 20 | | || ( | c | ) the administrator; and || ( | d | ) the adjudicating authority |(2) the authorities shall exercise all or any of the powers and perform all or any of the functions conferred on, or, assigned, as the case may be, to it under this act or in accordance with such rules as may be prescribed25powers of authorities5 of 190819 (1) the authorities shall, for the purposes of this act, have 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) discovery and inspection;30| ( ||--------------------------------------------------------------------------------|| banking company or a public financial institution or any other intermediary or || reporting entity, and examining him on oath; |(c) compelling the production of books of account and other documents; (d) issuing commissions; (e) receiving evidence on affidavits; and (f) any other matter which may be prescribed35(2) all the persons summoned under sub-section (1) shall be bound to attend in person or through authorised agents, as any authority under this act 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 required4045 of 1860(3) every proceeding under sub-section (1) or sub-section (2) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code(4) for the purposes of this act, any authority under this act may requisition the service of any police officer or of any officer of the central government or state government or of both to assist him for all or any of the purposes specified in subsection (1), and it shall be the duty of every such officer to comply with the requisition or direction5(5) for the purposes of this section, "reporting entity" means any intermediary or any authority or of the central or the state government or any other person as may be notified in this behalfexplanation—for the purposes of sub-section (5), "intermediary" shall have the same meaning as assigned to it in clause (n) of sub-section (1) of section 2 of the prevention of money laundering act, 200215 of 20031020the following officers shall assist the authorities in the enforcement of this act, namely:—certain officers to assist in inquiry, etc43 of 1961(a) income-tax authorities appointed under sub-section (1) of section 117of the income- tax act, 1961;(b) officers of the customs and central excise departments;1561 of 1985(c) officers appointed under sub-section (1) of section 5 of the narcotic drugs and psychotropic substances act, 1985;42 of 1956(d) officers of the stock exchange recognised under section 4 of the securities contracts (regulation) act, 1956;2 of 1934(e) officers of the reserve bank of india constituted under sub-section (1)of section 3 of the reserve bank of india act, 1934;20(f) police;40 of 1999(g) officers of enforcement appointed under sub-section (1) of section 36of the foreign exchange management act, 1999;15 of 199225(h) officers of the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 1992;(i) officers of any other body corporate constituted or established under a central or a state act;30(j) such other officers of the central government, state government, local authorities or banking companies as the central government may, by notification, specify, in this behalfpower to call for information3521 (1) the initiating officer or the approving authority or the adjudicating authority shall have power to require any officer of the central government or state government or a local body or any person or officer who is responsible for registering and maintaining books of account or other documents containing a record of any transaction relating to any property or any other person to furnish any information in relation to any person, point or matter as in his opinion shall be useful for or relevant for the purposes of this act40(2) without prejudice to sub-section (1), every officer or person referred to in sub-section (1) shall furnish such information to any authority under this act in such form and manner as may be prescribedpower of authority to impound documents4522 (1) where any books of account or other documents are produced before the authority in any proceedings under this act and the authority in this behalf has reason to believe that any of the books of account or other documents are required to be impounded and retained for any inquiry under this act, it may impound and retain the books of account or other documents for a period not exceeding three months from the date of order of attachment made by the adjudicating authority under sub-section (3)of section 26:provided that the period for retention of the books of account or other documents may be extended beyond a period exceeding three months from the date of order of attachment made by the adjudicating authority under sub-section (3) of section 26where the authority records in writing the reasons for extending the same5(2) where the authority impounding and retaining the books of account or other documents, under sub-section (1) is the initiating officer, he shall obtain approval of the approving authority within a period of fifteen days from the date of initial impounding and seek further approval of the approving authority for extending the period of initial retention, before the expiry of the period of initial retention, if so required10(3) the period of retention of the books of account or other documents under sub-section (1) shall in no case exceed a period of thirty days from the date of conclusion of all the proceedings under this act(4) the person, from whom the books of account or other documents were impounded under sub-section (1), shall be entitled to obtain copies thereof15(5) on the expiry of the period specified under sub-section (1), the books of account or other documents shall be returned to the person from whom such books of accounts or other documents were impounded unless the approving authority or the adjudicating authority permits their release to any other person20power of authority to conduct inquiry, etc23 the initiating officer, after obtaining prior approval of the approving authority, shall have power to conduct or cause to be conducted any inquiry or investigation in respect of any person, place, property, assets, documents, books of account or other documents, in respect of any other relevant matters under this act chapter iv attachment, adjudication and confiscation2524 (1) where the initiating officer, on the basis of material in his possession, has reason to believe that any person is a benamidar in respect of a property, he may, after recording reasons in writing, issue a notice to the person to show cause within such time as may be specified in the notice why the property should not be treated as benami propertynotice and attachment of property involved in benami transaction30(2) where a notice under sub-section (1) specifies any property as being held by a benamidar referred to in that sub-section, a copy of the notice shall also be served upon the other person who is a beneficial owner35(3) where the initiating officer is of the opinion that the person in possession of the property held benami may alienate the property during the period specified in the notice, he may, with the previous approval of the approving authority, by order in writing, attach provisionally the property in the manner as may be prescribed, for a period not exceeding ninety days from the date of issue of notice under sub-section (1)40(4) the initiating officer, after making such inquires and calling for such reportsor evidence as he deems fit and taking into account all relevant materials, shall, within a period of ninety days from the date of issue of notice under sub-section (1),—(a) where the provisional attachment has been made under sub-section (3), —45(i) pass an order continuing the provisional attachment of theproperty with the prior approval of the approving authority, till the passing of the order by the adjudicating authority under sub-section (3) of section 26; or(ii) revoke the provisional attachment of the property with the prior approval of the approving authority; (b) where provisional attachment has not been made under sub-section (3), —5(i) pass an order provisionally attaching the property with the prior approval of the approving authority, till the passing of the order by the adjudicating authority under sub-section (3) of section 26; or(ii) decide not to attach the property as specified in the notice, with the prior approval of the approving authority10(5) where the initiating officer passes an order continuing the provisional attachment of the property under sub-clause (i) of clause (a) of sub-section (4) or passes an order provisionally attaching the property under sub-clause (i) of clause (b) of that sub-section, he shall, within fifteen days from the date of the attachment, draw up a statement of the case and refer it to the adjudicating authority15manner of service of native5 of 190825 (1) a notice under sub-section (1) of section 24 may be served on the person named therein either by post or as if it were a summons issued by a court under the code of civil procedure, 1908(2) any notice referred to in sub-section (1) may be addressed— (i) in case of an individual, to such individual;20(ii) in the case of a firm, to the managing partner or the manager of the firm; (iii) in the case of a hindu undivided family, to karta or any member of such family;(iv) in the case of a company, to the principal officer thereof;25(v) in the case of any other association or body of individuals, to the principal officer or any member thereof;(vi) in the case of any other person (not being an individual), to the person who manages or controls his affairsadjudication of benami property3026 (1) on receipt of a reference under sub-section (5) of section 24, the adjudicating authority shall issue notice, to furnish such documents, particulars or evidence as is considered necessary on a date to be specified therein, on the following persons, namely:—(a) the person specified as a benamidar therein;(b) any person referred to as the beneficial owner therein or identified as such;(c) any interested party, including a banking company;35(d) any person who has made a claim in respect of the property:provided that the adjudicating authority shall issue notice within a period of thirty days from the date on which a reference has been received:40provided further that the notice shall provide a period of not less than thirty days to the person to whom the notice is issued to furnish the information sought (2) where the property is held jointly by more than one person, the adjudicating authority shall make all endeavours to serve notice to all persons holding the property: provided that where the notice is served on any one of the persons, the service of notice shall not be invalid on the ground that the said notice was not served to all the persons holding the property(3) the adjudicating authority shall, after—5(a) considering the reply, if any, to the notice issued undersub-section (1);(b) making or causing to be made such inquiries and calling for suchreports or evidence as it deems fit; and(c) taking into account all relevant materials,10provide an opportunity of being heard to the person specified as a benamidar therein, the initiating officer, and any other person who claims to be the owner of the property, and, thereafter, pass an order—(i) holding the property not to be a benami property and revokingthe attachment order; or15(ii) holding the property to be a benami property and confirmingthe attachment order, in all other cases(4) where the adjudicating authority is satisfied that some part of the properties in respect of which reference has been made to him is benami property, but is not able to specifically identify such part, he shall record a finding to the best of his judgment as to which part of the properties is held benami20(5)where in the course of proceedings before it, the adjudicating authority has reason to believe that a property, other than a property referred to it by the initiating officer is benami property, it shall provisionally attach the property and the property shall be deemed to be a property referred to it on the date of receipt of the reference under sub-section (5) of section 2425(6) the adjudicating authority may, at any stage of the proceedings, either on the application of any party, or suo moto, strike out the name of any party improperly joined or add the name of any person whose presence before the adjudicating authority may be necessary to enable him to adjudicate upon and settle all the questions involved in the reference30(7) no order under sub-section (3) shall be passed after the expiry of one year from the end of the month in which the reference under sub-section (5) of section 24 was received35confiscation and vesting of benami property27 (1) where an order is passed in respect of any property under sub-section (3) of section 26 holding such property to be a benami property, the adjudicating authority shall, after giving an opportunity of being heard to the person concerned, make an order confiscating the property held to be a benami property:provided that where an appeal has been filed against the order of the adjudicating authority, the confiscation of property shall be made subject to the order passed by the appellate tribunal under section 46:40 provided further that the confiscation of the property shall be made in accordance with such procedure as may be prescribed45(2) nothing in sub-section (1) shall apply to a property held or acquired by a person from the benamidar for adequate consideration, prior to the issue of notice under sub-section (1) of section 24 without his having knowledge of the benami transaction(3) where an order of confiscation has been made under sub-section (1), all the rights and title in such property shall vest absolutely in the central government free of all encumbrances and no compensation shall be payable in respect of such confiscation(4) any right of any third person created in such property with a view to defeat the purposes of this act shall be null and void5(5) where no order of confiscation is made upon the proceedings under this act attaining finality, no claim shall lie against the governmentmanagement of properties confiscated28 (1) the administrator shall have the power to receive and manage the property, in relation to which an order of confiscation under sub-section (1) of section 27 has been made, in such manner and subject to such conditions, as may be prescribed10(2) the central government may, by order published in the official gazette, notify as many of its officers as it thinks fit, to perform the functions of administrators15(3) the administrator shall also take such measures, as the central government may direct, to dispose of the property which is vested in the central government under sub-section (3) of section 27, in such manner and subject to such conditions as may be prescribedpossession of the property29 (1) where an order of confiscation in respect of a property under sub-section (1) of section 27, has been made, the administrator shall proceed to take the possession of the property(2)the administrator shall,—20(a) by notice in writing, order within seven days of the date of the service of notice to any person, who may be in possession of the benami property, to surrender or deliver possession thereof to the administrator or any other person duly authorised in writing by him in this behalf;25(b) in the event of non-compliance of the order referred to in clause (a), or if in his opinion, taking over of immediate possession is warranted, for the purpose of forcibly taking over possession, requisition the service of any police officer to assist him and it shall be the duty of the officer to comply with the requisition chapter v30 appellate tribunal 30 the central government shall, by notification, establish an appellate tribunal to hear appeals against the orders of the adjudicating authority under this actestablishment of appellate tribunal31 (1) the appellate tribunal shall consist of a chairperson and at least two other members of which one shall be a judicial member and other shall be an administrative member35composition etc, of appellate tribunal(2) subject to the provisions of this act,—(a) the jurisdiction of the appellate tribunal may be exercised by benches thereof;40(b) a bench may be constituted by the chairperson with two members as the chairperson may deem fit;(c) the benches of the appellate tribunal shall ordinarily sit in the national capital territory of delhi and at such other places as the central government may, in consultation with the chairperson, by notification, specify;45(d) the central government shall, by notification, specify the areas in relation to which each bench of the appellate tribunal may exercise its jurisdiction (3) notwithstanding anything contained in sub-section (2), the chairperson may transfer a member from one bench to another bench32 (1) a person shall not be qualified for appointment as chairperson of the appellate tribunal unless he is, or has been a judge of a high court| ( | 2 | ) a person shall not be qualified for appointment as a member unless he— ||-----------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| 5 | | || qualifications | | || for | | || appointment | | || of | | || chairperson | | || and members | | || of appellate | | || tribunal | | || ( | a | ) in the case of a judicial member, has been a member of the indian || legal service and has held the post of additional secretary or equivalent post in | | || that service; | | || 10 | | || ( | b | ) in the case of an administrative member, has been a member of the || indian revenue service and has held the post of chief commissioner of income- | | || tax or equivalent post in that service | | |(3) no sitting judge of a high court shall be appointed under this section except after consultation with the chief justice of the high court15(4) the chairperson or a member holding a post as such in any other tribunal, established under any law for the time being in force, in addition to his being the chairperson or a member of that tribunal, may be appointed as the chairperson or a member, as the case may be, of the appellate tribunal under this act33 (1) the salary and allowances payable to, and the other terms and conditions of service of the chairperson and other members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure20terms and conditions of services of chairperson and members of appellate tribunal(2) any vacancy caused to the office of the chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occurs25term of office of chairperson and members34 the chairperson and members of the appellate tribunal shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier and shall not be eligible for re-appointment35 (1) the central government may, in consultation with the chief justice of high court, remove from office of the chairperson or any member, who—| ( | a | ) has been adjudged as an insolvent; or ||-----------------------------------------|-----|-------------------------------------------------------------------------|| 30 | | || removal of | | || chairperson | | || and member | | || from office in | | || certain | | || circumstances | | || ( | b | ) has been convicted of an offence which, in the opinion of the central || government involves moral turpitude; or | | |(c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or35(e) has so abused his position as to render his continuance in office prejudicial to the public interest40(2) the chairperson or judicial member shall not be removed from his office except by an order made by the central government after an inquiry made by chief justice of the high court in which the chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges45(3) the central government may suspend from office the chairperson or judicial member in respect of whom a reference of conducting an inquiry has been made to the chief justice of the high court under sub-section (2), until the central government passes an order on receipt of the report of inquiry made by chief justice of the high court on the reference(4) the central government may regulate the procedure for inquiry referred to in sub-section (2) in the manner as may be prescribed5(5) the administrative member may be removed from his office by an order of the central government on the grounds specified in sub-section (1) and in accordance with the procedure notified by the central government:provided that the administrative member shall not be removed unless he has been given an opportunity of being heard in the matter36 no act or proceeding of the appellate tribunal shall be invalid merely by reason of—| ( | a | ) any vacancy in, or any defect in the constitution of the tribunal; or ||--------------|-----|------------------------------------------------------------------------------|| 10 | | || vacancies, | | || etc, not to | | || invalidate | | || proceedings | | || of appellate | | || tribunal | | || ( | b | ) any defect in the appointment of a person acting as a member of the || tribunal; or | | || ( | c | ) any irregularity in the procedure of the tribunal not affecting the merits || of the case | | || 15 | | || resignation | | || and removal | | |37 (1) the chairperson or any other member may, by notice in writing under his hand addressed to the central government, resign his office:20provided that the chairperson or any other member shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of the 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 earlier25member to act as chairperson in certain circumstances38 (1) in the event of the occurrence of any vacancy in the office of the chairperson of the appellate tribunal by reason of his death, resignation or otherwise, the senior-most member shall act as the chairperson until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office(2) when the chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties3039 (1) the central government shall provide the appellate tribunal with such officers and employees as it may thinks fitstaff of appellate tribunal(2) the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of the chairperson(3) the salaries and allowances and other conditions of service of the officers and employees of the appellate tribunal shall be such, as may be prescribed355 of 1908procedure and powers of appellate tribunal40 (1) the appellate tribunal shall not be bound by the procedure laid down bythe code of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure405 of 1908(2) the appellate tribunal shall, for the purposes of discharging its functionsunder this act, have 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 examininghim on oath;(b) requiring the discovery and production of documents;45(c) receiving evidence on affidavits;1 of 1872| ( ||--------------------------------------------------------------------------------|| act, 1872, requisitioning any public record or document or copy of such record || or document from any office; |(e) issuing commissions for the examination of witnesses or documents;5(f) reviewing its decisions; (g) dismissing a representation for default or deciding it ex parte; (h) setting aside any order of dismissal of any representation for default orany order passed by it ex parte; and(i) any other matter, which may be, prescribed by the central government10(3) an order made by the appellate tribunal under this act shall be executableby it as a decree of civil court and, for this purpose, the appellate tribunal shall have all the powers of a civil court(4) notwithstanding anything contained in sub-section (3), the appellate tribunal may transmit any order made by it to a civil court having jurisdiction and the civil court shall execute the order as if it were a decree made by that court1545 of 18602 of 1974(5) all proceedings before the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code and the appellate tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 19732041 where any benches are constituted, the chairperson may, from time to time,by notification, make provision as to the distribution of the business of the appellate tribunal amongst the benches and also provide for the matters which may be dealt with by each bench2542 on the application of any of the parties and notice to the parties, and afterhearing them, or on his own motion without any notice, the chairperson of the appellatetribunal may transfer any case pending before one bench, for disposal, to any other benchdistribution of business amongst benches of appellate tribunalpower of chairperson of appellate tribunal to transfer cases decision to be by majority3043 if the members of a bench consisting of two members differ in opinion onany point, they shall state the point or points on which they differ, and make a reference to the chairperson of the appellate tribunal who shall either hear the point or points himself or refer the case for hearing on the point or points by one or more of the other members and the point or points shall be decided according to the opinion of the majority of the members of the appellate tribunal who have heard the case, including those who first heard it35members, etc, to be public servants44 the chairperson, members and other officers and employees of the appellatetribunal, the adjudicating authority, approving authority, initiating officer, administrator and the officers subordinate to all of them shall be deemed to be public servants within the meaning of section 21 of the indian penal code45 of 186040bar of jurisdiction of civil courts45 no civil court shall have jurisdiction to entertain any suit or proceeding inrespect of any matter which any of the authorities, an adjudicating authority or the appellate tribunal is empowered by or under this act to determine, and no injunction shall be granted by any court or other forum in respect of any action taken or to be taken in pursuance of any power conferred by or under this act45appeals to appellate tribunal46 (1) any person, including the initiating officer, aggrieved by an order of theadjudicating authority may prefer an appeal in such form and along with such fees, as may be prescribed, to the appellate tribunal against the order passed by the adjudicating authority under sub-section (3) of section 26, within a period of fortyfive days from the date of the order(2)the appellate tribunal may entertain any appeal after the said period of forty-five days, if it is satisfied that the appellant was prevented, by sufficient cause, from filing the appeal in time5(3)on receipt of an appeal under sub-section (1), the appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit(4) an appellate tribunal while deciding the appeal shall have the power—(a) to determine a case finally, where the evidence on record is sufficient;10(b) to take additional evidence or to require any evidence to be taken by the adjudicating authority, where the adjudicating authority has refused to admit evidence, which ought to have been admitted;(c) to require any document to be produced or any witness to be examined for the purposes of proceeding before it;15(d) to frame issues which appear to the appellate tribunal essential for adjudication of the case and refer them to the adjudicating authority for determination;(e) to pass final order and affirm, vary or reverse an order of adjudication passed by the adjudicating authority and pass such other order or orders as may be necessary to meet the ends of justice20(5) the appellate tribunal, as far as possible, may hear and finally decide the appeal within a period of one year from the last date of the month in which the appeal is filedrectification of mistakes2547 (1) the appellate tribunal or the adjudicating authority may, in order to rectify any mistake apparent on the face of the record, amend any order made by it under section 26 and section 46 respectively, within a period of one year from the end of the month in which the order was passed(2) no amendment shall be made under sub-section (1), if the amendment is likely to affect any person prejudicially, unless he has been given notice of intention to do so and has been given an opportunity of being heard30right to representation48 (1) a person preferring an appeal to the appellate tribunal under this act may either appear in person or take the assistance of an authorised representative of his choice to present his case before the appellate tribunal(2) the central government may authorise one or more of its officers to act as presenting officers on its behalf, and every person so authorised may present the case with respect to any appeal before the appellate tribunal35explanation—for the purposes of this section, "authorised representative"means a person authorised by the appellant in writing to appear on his behalf, being—(i) a person related to the appellant in any manner, or a person regularly employed by the appellant; or40(ii) any officer of a scheduled bank with which the appellant maintains anaccount or has other regular dealings; or(iii) any legal practitioner who is entitled to practice in any civil court inindia; or45 (iv) any person who has passed any accountancy examination recognised in this behalf by the board; or(v) any person who has acquired such educational qualifications as the board may prescribe for this purpose| appeal ||-------------|| high court |49 (1) any party aggrieved by any decision or order of the appellate tribunal may file an appeal to the high court within a period of sixty days from the date of communication of the decision or order of the appellate tribunal to him on any question of law arising out of such order5(2) the high court may entertain any appeal after the said period of sixty days,if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the period specified in sub-section (1)(3) where the high court is satisfied that a substantial question of law is involved in any case, it shall formulate that question10(4) the appeal shall be heard only on the question so formulated, and therespondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question15(5) nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question(6) the high court shall decide the question of law so formulated and deliver the judgment thereon containing the grounds on which any decision is founded and may award any cost as it deems fit20(7) the high court may determine any issue which—(a) has not been determined by the appellate tribunal; or (b) has been wrongly determined by the appellate tribunal, by reason ofa decision on such question of law as is referred to in sub-section (1)255 of 1908(8) save as otherwise provided in this act, the provisions of the code of civil procedure, 1908, relating to appeals to the high court shall, as far as may be, apply in the case of appeals under this section chapter vi special courtsspecial courts3050 (1) the central government, in consultation with the chief justice of the high court, shall, for trial of an offence punishable under this act, by notification, designate one or more courts of session as special court or special courts for such area or areas or for such case or class or group of cases as may be specified in the notification352 of 1974(2) while trying an offence under this act, a special court shall also try an offence other than an offence referred to in sub-section (1), with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial(3) the special court shall not take cognizance of any offence punishable under this act except upon a complaint in writing made by—(i) the authority; or40(ii) any officer of the central government or state government authorisedin writing by that government by a general or special order made in this behalf(4) every trial under this section shall be conducted as expeditiously as possible and every endeavour shall be made by the special court to conclude the trial within six months from the date of filing of the complaint51 (1) save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973, shall apply to the proceedings before a special court and the persons conducting the prosecution before the special court, shall be deemed to be public prosecutors:5application of code of criminal procedure, 1973 to proceedings before special courtprovided that the central government may also appoint for any case or class orgroup of cases, a special public prosecutor10(2) a person shall not be qualified to be appointed as a public prosecutor or aspecial public prosecutor under this section unless, the public prosecutor has been in practice as an advocate for not less than seven years, and the special public prosecutor has been in practice as an advocate for not less than ten years in any court2 of 1974(3) every person appointed as a public prosecutor or 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 the provisions of that code shall have effect accordingly15appeal andrevision52 the high court may exercise, so far as may be applicable, all the powersconferred by chapter xxix or chapter xxx of the code of criminal procedure, 1973, on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court20 chapter vii offences and prosecutionpenalty for benami transaction2553 (1) where any person enters into a benami transaction in order to defeat theprovisions of any law or to avoid payment of statutory dues or to avoid payment to creditors, the beneficial owner, benamidar and any other person who abets or induces any person to enter into the benami transaction, shall be guilty of the offence of benami transaction30(2)whoever is found guilty of the offence of benami transaction referred to insub-section (1) shall be punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to seven years and shall also be liable to fine which may extend to twenty-five per cent of the fair market value of the propertypenalty for false information3554 any person who is required to furnish information under this act knowinglygives false information to any authority or furnishes any false document in any proceeding under this act, shall be punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to five years and shall also be liable to fine which may extend to ten per cent of the fair market value of the property previous sanction55 no prosecution shall be instituted against any person in respect of anyoffence under sections 3, 53 or section 54 without the previous sanction of the board'4010 for sections 7 and 8 of the principal act, the following shall be substituted, namely:— 'chapter viiisubstitution of new chapter viii sections 7 and 8 miscellaneous2 of 1882repeal of provisions of certain acts5 of 19084556 (1) sections 81, 82 and 94 of the indian trusts act, 1882, section 66 of thecode of civil procedure, 1908 and section 281a of the income-tax act, 1961, are hereby repealed43 of 196143 of 1961(2) for the removal of doubts, it is hereby declared that nothing in sub-section(1) shall affect the continued operation of section 281a of the income-tax act, 1961 in the state of jammu and kashmir4 of 1882certain transfers to be null and void557 notwithstanding anything contained in the transfer of the propertyact, 1882 or any other law for the time being in force, where, after the issue of a notice under section 24, any property referred to in the said notice is transferred by any mode whatsoever, the transfer shall, for the purposes of the proceedings under this act, be ignored and if the property is subsequently confiscated by the central government under section 27, then, the transfer of the property shall be deemed to be null and voidexemption58 (1)the central government may, by notification, exempt any property relatingto charitable or religious trusts from the operation of this act 10(2) every notification issued under sub-section (1) shall be laid before eachhouse of parliament15power of central government to issue directions, etc59 (1) the central government may, from time to time, issue such orders,instructions or directions to the authorities or require any person to furnish information as it may deem fit for the proper administration of this act and such authorities and all other persons employed in execution of this act shall observe and follow the orders, instructions and directions of the central government(2) in issuing the directions or orders referred to in sub-section (1), the central government may have regard to any one or more of the following criteria, namely:—| ( | a | ) territorial area; ||----------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| ( | b | ) classes of persons; || 20 | | || ( | c | ) classes of cases; and || ( | d | ) any other criterion that may be specified by the central government in || this behalf | | || ( | 3 | ) no orders, instructions or directions under sub-section ( || as to— | | || 25 | | || ( | a | ) require any authority to decide a particular case in a particular manner; || or | | || ( | b | ) interfere with the discretion of the adjudicating authority in the || discharge of its functions | | || 30 | | || 60 | | the provisions of this act shall be in addition to, and not, save as hereinafter || expressly provided, in derogation of any other law for the time being in force | | || application of | | || other laws not | | || barred | | || 2 of 1974 | | || 61 | | notwithstanding anything contained in the code of criminal procedure, || 1973, an offence under this act shall be non-cognizable | | || offences to | | || be non- | | || cognizable | | || offences by | | || companies | | || 35 | | || 62 ( | 1 | ) where a person committing contravention of any of the provisions of this || act or of any rule, direction or order made thereunder is a company, every person who, | | || at the time the contravention was committed, was in charge of, and was responsible to, | | || the company, for the conduct of the business of the company as well as the company, | | || shall be deemed to be guilty of the contravention and shall be liable to be proceeded | | || against and punished accordingly | | || 40 | | || ( | 2 | ) nothing contained in sub-section ( || punishment if he proves that the contravention took place without his knowledge | | || 45 | | |(3) notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, the director, manager, secretary or other officer shal1 also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means a body corporate, and includes—5(i) a firm; and (ii) an association of persons or a body of individuals whether incorporated or not; and (b) "director", in relation to—(i) a firm, means a partner in the firm;10(ii) any association of persons or a body of individuals, means anymember controlling the affairs thereof15notice, etc, not to be invalid on certain grounds63 no notice, summons, order, document or other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this act shall be invalid, or shall be deemed to be invalid merely by reason of any mistake, defect or omission in the notice, summons, order, document or other proceeding if the notice, summons, order, document or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this act20protection of action taken in good faith64 no prosecution, suit or other proceeding shall lie against the government or any officer of the government or the appellate tribunal or the adjudicating authority established under this act, for anything done or intended to be done in good faith under this act| transfer | of ||----------------------------------------------------------------------------------------|------|| pending cases | || 25 | || 65 ( | 1 || any court (other than a high court) or tribunal or before any forum on the date of the | || commencement of this act shall stand transferred to the adjudicating authority or the | || appellate tribunal, as the case may be, having jurisdiction in the matter | |(2) where any suit, or other proceeding stands transferred to the adjudicating authority or the appellate tribunal under sub-section (1),—30(a) the court, tribunal or other forum shall, as soon as may be, after the transfer, forward the records of the suit, or other proceeding to the adjudicating authority or the appellate tribunal, as the case may be;35(b) the adjudicating authority may, on receipt of the records, proceed to deal with the suit, or other proceeding, so far as may be, in the same manner as in the case of a reference made under sub-section (5) of section 24, from the stage which was reached before the transfer or from any earlier stage or de novo as the adjudicating authority may deem fitproceedings etc, against legal representative4066 (1)where a person dies during the course of any proceeding under this act, any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased(2) any proceeding which could have been taken against the deceased if he had survived may be taken against the legal representative and all the provisions of this act, except sub-section (2) of section 3 and the provisions of chapter vii, shall apply accordingly45(3) where any property of a person has been held benami under sub-section (3)of section 26, then, it shall be lawful for the legal representative of the person to prefer an appeal to the appellate tribunal, in place of the person and the provisions of section 46 shall, so far as may be, apply, or continue to apply, to the appeal67 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 effectpower to make rules68 (1) the central government may, by notification, make rules for carrying out the provisions of this act5(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) manner of ascertaining the fair market value under clause 16 ofsection 2;10(b) the manner of appointing the chairperson and the member of theadjudicating authorities under sub-section (2) of section 9;(c) the salaries and allowances payable to the chairperson and the membersof the adjudicating authority under sub-section (1) of section 13;(d) the powers and functions of the authorities under sub-section (2) ofsection 18;15(e) other powers of the authorities under clause (f) of sub-section (1) ofsection 19;(f) the form and manner of furnishing any information to the authorityunder sub-section (2) of section 21;20(g) the manner of provisional attachment of property under sub-section(3) of section 24;(h) the procedure for confiscation of benami property under the secondproviso to sub-section (1) of section 27;(i) the manner and conditions to receive and manage the property undersub-section (1) of section 28;25(j) the manner and conditions of disposal of property vested in the centralgovernment under sub-section (3) of section 28;(k) the salaries and allowances payable to and the other terms andconditions of service of the chairperson and other members of the appellate tribunal under sub-section (1) of section 33;30(l) the manner of prescribing procedure for removal of chairperson ormember under sub-section (4) of section 35;(m) the salaries and allowances payable to and the other terms andconditions of service of the officers and employees of the appellate tribunal under sub-section (3) of section 39;35(n) any power of the appellate tribunal under clause (i) of sub-section (2)of section 40;(o) the form in which appeal shall be filed and the fee for filing the appealunder sub-section (1) of section 46;40(p) any other matter which is to be, or may be, prescribed, or in respect ofwhich provision is to be made, by ruleslaying of rules and notifications before parliament4569 every rule made and notification issued under this act 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 rules or notifications, as the case may be, both houses5agree that the rules or notifications, as the case may be, should not be made or issued, the rule or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification, as the case may bepower to remove difficulties70 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty10(2) no order shall be made under this section after the expiry of two years fromthe commencement of this act(3) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamenttransitional provision1515 of 200371 the central government may, by notification, provide that until the adjudicating authorities are appointed and the appellate tribunal is established under this act, the adjudicating authority appointed under sub-section (1) of section6 of the money-laundering act, 2002 and the appellate tribunal established under section 25 of that act may discharge the functions of the adjudicating authority and appellate tribunal, respectively, under this act'2011 section 9 of the principal act shall be renumbered as section 72 thereofamendment of section 9 statement of objects and reasonsthe benami transactions (prohibition) act, 1988 was enacted to prohibit benami transactions and the right to recover property held benami the said act, inter alia, provides that—(a) all the properties held benami shall be subject to acquisition by such authority in such manner and after following such procedure as may be prescribed; (b) no amount shall be payable for the the acquisition of any property held benami; (c) the purchase of property by any person in the name of his wife or unmarried daughter for their benefit would not be benami transaction; (d) the securities held by a despository as registered owner under the provisions of the depositories act, 1996 or participant as an agent of a depository would not be benami transactions2 during the administration of the benami transactions (prohibition) act, 1988, it was found that the provisions of the aforesaid act are inadequate to deal with benami transactions as the act does not—(i) contain any specific provision for vesting of confiscated property with central government; (ii) have any provision for an appellate mechanism against an action taken by the authorities under the act, while barring the jurisdiction of a civil court; (iii) confer the powers of the civil court upon the authorities for its implementation; and (iv) provide for adequate enabling rule making powers3 in view of the circumstances stated above, comprehensive amendments to the benami transactions (prohibition) act, 1988 has become necessary in order to prohibit holding property in benami and restrict right to recover or transfer property held benami and also to provide a mechanism and procedure for confiscation of property held benami it is, therefore, felt necessary to bring comprehensive amendments to the benami transactions (prohibition) act, 1988 to deal with benami transactions the benami transactions(prohibition) amendment bill, 2015, inter-alia, provides for the following namely:—(1) it defines a benami transaction and benami property and also provides for exclusions and transactions which shall not be construed benami:—(a) a benami transaction has been defined as—(i) a transaction or an arrangement where a property is transferred to or held by a person and the consideration for such property has been provided or paid by another person and the prperty is held for the immediate or future benefit, direct or indirect, of the person providing the consideration;(ii) a transaction or an arrangement in respect of a property carried out or made in a fictitious name;(iii) a transaction or an arrangement where the owner of the property is not aware of or denies knowledge of such ownership;(iv) a transaction or an arrangement where the person providing the consideration is not traceable or fictitious (b) benami property is defined as any property which is the subject matter a benami transation(c) properties excluded from the definition of benami transaction are:—(i) properties acquired out of the known sources of income of the hindu individed family which are held by a coparecener in a hindu undivided family;(ii) properties held by a person in fiduciary capacity;(iii) properties acquired out of the known sources of income by an individual in the name of spouse or in the name of any child of such individual;(iv) properties acquired out of the known sources of income in joint ownership with the brother or sister or any lineal ascendant or descendantthe above transactions shall not be treated as benami transactions and accordingly shall not be subjected to any penal consequences(2) it provides the consequences of entering into a prohibited benami transactions which are:—(a) where any person enters into a benami transaction in order to defeat the provisions of any law or to avoid payment of statutory dues or to avoid payment to creditors, the beneficial owners, benamidar and any other person who abets or induces any person to enter into such benami transaction, shall be punishable with rigorous imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to a fine(b) a benami property shall also be liable for confiscation by the adjudicating authority (3) it lays down the procedure for determination and related penal consequences in the case of a prohibited benami transaction to be as under:—(a) proceedings for inquiring into an alleged benami transaction are to be intiated by the initiating officer;(b) the initiating officer will refer the case to the adjudicating authority set up under the proposed bill;(c) the adjudicating authority, after providing an opportunity of being heard to the alleged benamidar, the beneficial owner, any interested party including a banking company and any other person who makes a claim in respect of the property, shall pass an order within one year, holding the property to be a benami property or otherwise;(d) an appeal against the order of adjudicating authority shall lie with the appellate tribunal set up under the bill;(e) an appeal against the orders of the appellate tribunal shall lie with the jurisdictional high court;(f) after the order of adjudicating authority becomes final, it shall confiscate the properties held benami;(g) confiscated properties are to be managed and disposed of by officers of the rank of income-tax officer who shall be designated by the central government as administrators (4) it also provides that—(a) the powers of civil court shall be available to authorities under the said act;(b) miscellaneous provisions have been provided for service of notice, protectionof action taken in good faith, etc;(c) the central government has been empowered to make rules for the implementation of the provisions of the bill;(d) it enables the central government, in consultation with the chief justice of the high court, to desginate one or more courts of session as special court or special courts for the purpose of the bill;(e) it provides penalty for entering into benami transactions and for furnishing any false documents in any proceeding under the bill;(f) it provides for transfer of any suit or proceeding in respect of a benami transaction pending in any court (other than high court) or tribunal or before any authority to the appellate tribunal as provided in the bill 4 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 12th may, 2015 financial memorandumthis bill seeks to amend the law prohibiting benami transactions, holding property in benami and restricting right to recover or transfer property held benami, and providing mechanism and procedure for confiscation of property held benami the benami transaction (prohibition) amendment bill, 2015 proposes implementation of the said act by the existing institutional structure of the income tax department2 clause 9 of the bill empowers the central government to appoint one or more persons not below the rank of commssioner of income-tax and joint secretary to the government of india as adjudicating or adjudicating authorities the said clause 9 in the proposed section 30 empowers the central government to establish an appellate tribunal to hear appeals against the orders of the adjudicating authority clause 9 empowers the central government to provide the appellate tribunal with such officers and employees as the central government may deem fit3 initials, it is proposed to constitute three benches of the appellate tribunals at delhi, mumbai and chennai it is also proposed to appoint for each bench of the appellate tribunal one officer of the rank of joint secretary to the government of india, two directors and four assistant directors with necessary staff and employees to assist such bench it is also proposed to appoint four adjudicating authorities each in delhi, kolkata, chennai and mumbai with necessary officers, staff and employees to assist them in discharge of their dutiesthe recurring expenditure for the aforesaid appointment in respect of salaries, alloowances and office expenses, etc, is estimated to be rs 40 crores per annum the nonrecurring expenditure in respect of office equipment, office furniture, electrical installation and motor vehicles, etc, is estimated to be rs 50 crores the bill does not involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 4 of the bill proposes to substitute section 2 clause (16) of the proposed section 2 seeks to define "fair market value", in relation to a property to mean the price that the property would ordinarily fetch on sale in the open market on the date of the transaction; and where the price is not ascertainable, such price as may be determined in accordance with the rules made under the proposed provisionclause 9 of the bill proposes to insert chapter iii to vii in the act the proposed section 9 seeks to provide for qualifications for appointment of chairperson and members of the proposed section 9 that the chairperson and other members of the adjudicating authority shall be appointed by the central government in accordance with the rules made in this regardsub-section (1) of the proposed section 13 seeks to provide that the salary and allowances payable to, and the other terms and condtions of service of the chairperson and other members of the adjudicating authority shall be such as per the rules made in this regard by the central governmentthe proposed section 18 seeks to provide for authorities and their jurisdiction under the act the proposed sub-section (2) provides that the authorities shall exercise all or any of the powers and perform all or any of the functions conferred on, or, assigned, as the case may be, to it under this act or in accordance with such rules as may be made by the central government in this regardclause (f) of sub-section (1) of the proposed section 19 seeks to provide that the authorities shall, for the purposes of this bill, have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of any other matter which may be prescribed accordingly, it is proposed to empower the central government to make rules in this regardsub-section (2) of the proposed section 21 seeks to provide that the officer of the central government or state government or a local body or any person or officer who is responsible for registering and maintaining books of account or other documents containing a record of any transaction relating to any property or any other person shall furnish such information and in such form and manner as may be prescribed to any authority under this bill accordingly, it is proposed to empower the central government to make rules in this regard for the pruposes of this provisionsub-section (3) of the proposed section 24 seeks to provide that where the initiating officer is of the opinion that the person in possession of the property held benami may alienate such peroperty, he may, with the previous approval of the approving authority, by order in writing, attach provisionally such property in the manner as may be prescribed, for a period not exceeding ninety days form the date of issue of a show cause noticesub-section (1) of the proposed section 27 seeks to provide that where an order is passed in respect of any property under sub-section (3) of section 26 holding such property to be a benami property, the adjudicating authority shall, after giving an opportunity of being heard to the person concerned, make an order confiscating the property held to be a benami property second proviso to sub-section (1) of the proposed section 27 seeks to provide that the confiscation of the property shall be made in accordance with such procedure as may be prescribedsub-section (1) of the proposed section 28 seeks to provide that the administrator shall have the power to receive and manage the property, in relation to which an order of confiscation under sub-section (1) of the proposed 27 has been made, in such manner and subject to such conditions, as may be prescribed sub-section (3) of the proposed section 28 seeks to provide that the administrator shall also take such measures, as the central government may direct, to dispose of the property which is vested in the central government under sub-section (3) of the proposed section 27, in such manner and subject to such conditions as may be prescribedthe proposed section 33 seeks to provide that the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal shall be such, as may be prescribedthe proposed section 35 seeks to provide for removal of chairperson and member of the appellate tribunal in certain circumstances sub-section (2) of the said section seeks to provide that the chairperson or judicial member shall not be removed from office except by an order made by the central government after an inquiry made by chief justice of the high court sub-section (4) of the said section seeks to provide that the central government may regulate the procedure for inquiry referred to in sub-section (2) in the manner as may be prescribedsub-section (3) of the proposed section 39 seeks to provide that the salaries and allowances and other conditions of service of the officers and employees of the appellate tribunal shall be such as may be prescribedclause (i) of sub-section (2) of the proposed section 40 seeks to provide that the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, in respect of any other matter than those listed in items (a) to (h) of the said subsection (2)sub-section (1) of the proposed section 46 seeks to provide that any person, including the initiating officer, aggrieved by an order of the adjudicating authority may prefer an appeal in such form along with such fees, as may be prescribed, to the appellate tribunal against the order passed by the adjudicating authority2 the matters in respect of which rules may be made are generally 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 benami transactions (prohibition) act, 1988 (45 of 1988) 1 (1) this act may be called the benami transactions (prohibition) act, 1988 (2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencement(3) the provisions of sections 3, 5 and 8 shall come into force at once, and the remaining provisions of this act shall be deemed to have come into force on the 19th day of may, 1988definitions2 in this act, unless the context otherwise requires,— (a) "benami transaction" means any transaction in which property is transferred to one person for a consideration paid or provided by another person;(b) "prescribed" means prescribed by rules made under this act; (c) "property means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property3 (1) no person shall enter into any benami transactionprohibition of benami transaction(2) nothing in sub-section (1) shall apply to—(a) the purchase of property by any person in the name of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the said property had been purchased for the benefit of the wife or the unmarried daughter;(b) the securities held by a—22 of 1996(i) depository as a registered owner under sub-section (1) of section 10 of the depositories act, 1996;(ii) participant as an agent of a depository22 of 1996explanation— the expressions "depository" and "participant" shall have the meandings respectively assigned to them in clauses (e) and (g) of sub-section (1) of section2 of the depositories act, 1996 2 of 1974(4) notwithstanding anything contained in the code of criminal procedure, 1973, an offence under this section shall be non-congnizable and bailable4 (1) (3) nothing in this section shall apply—prohibition of right to recover property held benami(a) where the person in whose name the property is held is a coparcener in a hindu undivided family and the property is held for the benefit of the coparceners in the family; or(b) where the person in whose name the property is held is a trustee or other person standing in a fiduciary capacity, and the property is held for the benefit of another person for whom he is a trustee or towards whom he stands in such capacity 5 (1) all properties held benami shall be subject to acquisition by such authority, in such manner and after following such procedure as may be prescribedproperty held benami liable to acquisition(2) for the removal of doubts, it is hereby declared that no amount shall be payable for the acquisition of any property under sub-section (1)6 nothing in this act shall affect the provisions of section 53 of the transfer of property act, 1882, or any law relating to transfer for an illegal purposeact not to apply in certain cases4 of 1882 ———— a billfurther to amend the benami transactions (prohibition) act, 1988————(shri arun jaitley, minister of finance, corporate affairs and information &broadcasting , mp) the benami transactions (prohibition) amendment bill, 2015 [to be/as introduced in lok sabha] 1 page 6, line 10,- for "union territory admionistrations," read "union territory administrations," 2 page 7, line 6,- for "department of rural development" read "departments of rural development" 3 page 12, line 26,- for "books of accounts" read "books of account" new delhi; may 7, 2015 ______ vaisakha 17, 1937 (saka)

Parliament_bills

cab9b433-d1a8-5dda-b977-0bf56cca9326

bill no 16 of 1977 the parliamentary proceedings (protection of publication) bill, 1977 a billto protect the publication of teports of p1'cceecungs·o1 p",l~ bz it enacted by parliament in the twenty-eighth year of the republic 0:1 india as follows:-1 (1) this act may be called the parliamentary proceedibgs (protection of publication) act, 1977 (2) it extends to the whole of india except the state of jammu and , kashmir short title, extent and commencement (3) it shall be deemed to have come into force on the 25th day of march, 1977 definition i in this aci;, "newspaper" means any printed periodical work con-10 taining public news or comments on public news, and includes a newsagency supplying material for publication in a newspaper 3 (1) save as otherwise provided in sub-section (2) no person shall be liable to any proceedings, civil or criminal, in any court in respect of the public~tion in a newspaper of a substantially true report of any pro-is ceedirijhi~i'bitfier house 'of parliament, unless the publication is proved ul· h8ve'~been dude with maut:e~ ~:', ':'!" i 'j i ; publication of reports of parliamentary, proceedings privlleged (2) nothing :in sub-section (1) shall be construed as protecting the publication of any matter, the publication of which is not for the public good 4 this act shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service pro-s vided by means of a broadcasting station situate witbin the teltitories to which this act extends as it applies in relation to reports or matters published in a newspaper actalao to apply to parliamentary proceedings broadcast by wireless telegraphy the basis of a democratic government is the opinion of the people it is, therefore, oi paramount importance that proceedings in parliament shall be communicated to the public for this purpclje, newspapers and other mass publicity media should be afforded the privilege of publishing substantially true reports of proceedings in parliament without being exposed to any civil or· criminal action the press and other publicity media were deprived of this privilege during the emergency when the parliamentary proceedings (protection, of, ~blicat1od) , act 1956 was· repealed it is now 'proposed to restore this privilege, hence this bill 2 the provisions of the bill are on the lame lines as the provi( iods of the parliamentary proceedings (protection of publication) act, 1956 new dam: l k advani the slit march, 19'7'7 " ~t ' • !: ' ~\ ~: " , '",::' r ; i ', ~ 'l , ' ; " "', ~ - -, t,: 1 billto protftt the publtccqlon f1/ ,eportt c1/ proceeding, of p,ltclment i (shri l k adthjni, jlinibtet of 'nformation ancibroacicgt&iftg)

Parliament_bills

5593f874-d1a3-55c5-8c39-0ec8620e8091

bill no 362 of 2019 the taxation laws (amendment) bill, 2019 a billfurther to amend the income-tax act, 1961 and to amend the finance (no 2)act, 2019be 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 taxation laws (amendment) act, 2019short title and commencement chapter ii amendments in the income-tax act, 196110amendment of section 92ba2 in section 92ba of the income-tax act, 1961 (hereafter in this chapter referred to as the income-tax act), after clause (v), the following clause shall be inserted, with effect from the 1st day of april, 2020, namely:—"(va) any business transacted between the persons referred to in sub-section (6) of section 115bab;"3 in section 115ba of the income-tax act, with effect from the 1st day of april, 2020,—amendment of section 115ba(a) for the marginal heading "tax on income of certain domestic companies", the marginal heading "tax on income of certain manufacturing domestic companies" shall be substituted;5 (b) in sub-section (1), for the words "subject to the other provisions of this chapter", the words, figures and letters "subject to the other provisions of this chapter, other than those mentioned under section 115baa and section 115bab" shall be substituted;(c) in sub-section (4), after the proviso, the following proviso shall be inserted, namely:—10"provided further that where the person exercises option under section 115baa, the option under this section may be withdrawn"4 after section 115ba of the income-tax act, the following sections shall be inserted with effect from the 1st day of april, 2020, namely:—15insertion of new sections 115baa and 115babtax on income of certain domestic companies20"115baa (1) notwithstanding anything contained in this act but subject to the provisions of this chapter, other than those mentioned under section 115ba and section 115bab, the income-tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the 1st day of april, 2020, shall, at the option of such person, be computed at the rate of twenty-two per cent, if the conditions contained in sub-section (2) are satisfied:25provided that where the person fails to satisfy the conditions contained in sub-section (2) in any previous year, the option shall become invalid in respect of the assessment year relevant to that previous year and subsequent assessment years and other provisions of the act shall apply, as if the option had not been exercised for the assessment year relevant to that previous year and subsequent assessment years(2) for the purposes of sub-section (1), the following conditions shall apply if the total income of the company has been computed,—30(i) without any deduction under the provisions of section 10aa or clause (iia) of sub-section (1) of section 32 or section 32ad or section 33ab or section 33aba or sub-clause (ii) or sub-clause (iia) or sub-clause (iii) of sub-section (1) or sub-section (2aa) or sub-section (2ab) of section 35 or section 35ad or section 35ccc or section 35ccd or under any provisions of chapter vi-a under the heading "c—deductions in respect of certain incomes" other than the provisions of section 80jjaa;35(ii) without set off of any loss carried forward or depreciation from any earlier assessment year, if such loss or depreciation is attributable to any of the deductions referred to in clause (i);40(iii) without set off of any loss or allowance for unabsorbed depreciation deemed so under section 72a, if such loss or depreciation is attributable to any of the deductions referred to in clause (i); and(iv) by claiming the depreciation, if any, under any provision of section 32, except clause (iia) of sub-section (1) of the said section, determined in such manner as may be prescribed45(3) the loss and depreciation referred to in clause (ii) and clause (iii) of sub-section (2) shall be deemed to have been given full effect to and no further deduction for such loss or depreciation shall be allowed for any subsequent year:5provided that where there is a depreciation allowance in respect of a block of asset which has not been given full effect to prior to the assessment year beginning on the 1st day of april, 2020, corresponding adjustment shall be made to the written down value of such block of assets as on the 1st day of april, 2019 in the prescribed manner, if the option under sub-section (5) is exercised for a previous year relevant to the assessment year beginning on the 1st day of april, 202010(4) in case of a person, having a unit in the international financial services centre, as referred to in sub-section (1a) of section 80la, which has exercised option under sub-section (5), the conditions contained in sub-section (2) shall be modified to the extent that the deduction under section 80la shall be available to such unit subject to fulfilment of the conditions contained in the said section28 of 2005explanation—for the purposes of this sub-section, the term "unit" shall have the same meaning as assigned to it in clause (zc) of section 2 of the special economic zones act, 200515(5) nothing contained in this section shall apply unless the option is exercised by the person in the prescribed manner on or before the due date specified under sub-section (1) of section 139 for furnishing the returns of income for any previous year relevant to the assessment year commencing on or after the 1st day of april, 2020 and such option once exercised shall apply to subsequent assessment years:20provided that in case of a person, where the option exercised by it under section 115bab has been rendered invalid due to violation of conditions contained in sub-clause (ii) or sub-clause (iii) of clause (a), or clause (b) of sub-section (2) of said section, such person may exercise option under this section:provided further that once the option has been exercised for any previous year, it cannot be subsequently withdrawn for the same or any other previous year25tax on income of new manufacturing domestic companies30115bab (1) notwithstanding anything contained in this act but subject to the provisions of this chapter, other than those mentioned under section 115ba and section 115baa, the income-tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the 1st day of april, 2020, shall, at the option of such person, be computed at the rate of fifteen per cent, if the conditions contained in sub-section (2)are satisfied:35provided that where the total income of the person, includes any income, whichhas neither been derived from nor is incidental to manufacturing or production of an article or thing and in respect of which no specific rate of tax has been provided separately under this chapter, such income shall be taxed at the rate of twenty-two per cent and no deduction or allowance in respect of any expenditure or allowance shall be allowed in computing such income:40provided further that the income-tax payable in respect of the income of theperson deemed so under second proviso to sub-section (6) shall be computed at therate of thirty per cent:provided also that the income-tax payable in respect of income being short term capital gains derived from transfer of a capital asset on which no depreciation is allowable under the act shall be computed at the rate of twenty-two per cent:45 50provided also that where the person fails to satisfy the conditions contained insub-section (2) in any previous year, the option shall become invalid in respect of theassessment year relevant to that previous year and subsequent assessment years and other provisions of the act shall apply to the person as if the option had not been exercised for the assessment year relevant to that previous year and subsequent assessment years(2) for the purposes of sub-section (1), the following conditions shall apply, namely:—(a) the company has been set-up and registered on or after the 1st day of october, 2019, and has commenced manufacturing or production of an article or thing on or before the 31st day of march, 2023 and,—5(i) the business is not formed by splitting up, or the reconstruction, of a business already in existence:10provided that this condition shall not apply in respect of a company, business of which is formed as a result of the re-establishment, reconstruction or revival by the person of the business of any such undertaking as is referred to in section 33b, in the circumstances and within the period specified in the said section;(ii) does not use any machinery or plant previously used for any purpose15explanation 1—for the purposes of sub-clause (ii), any machinery or plant which was used outside india by any other person shall not be regarded as machinery or plant previously used for any purpose, if the following conditions are fulfilled, namely:—(a) such machinery or plant was not, at any time previous to the date of the installation used in india;20(b) such machinery or plant is imported into india from any country outside india; and25(c) no deduction on account of depreciation in respect of such machinery or plant has been allowed or is allowable under the provisions of this act in computing the total income of any person for any period prior to the date of the installation of machinery or plant by the person30explanation 2—where in the case of a person, any machinery or plant or any part thereof previously used for any purpose is put to use by the company and the total value of such machinery or plant or part thereof does not exceed twenty per cent of the total value of the machinery or plant used by the company, then, for the purposes of sub-clause (ii) of this clause, the condition specified therein shall be deemed to have been complied with;35(iii) does not use any building previously used as a hotel or a convention centre, as the case may be, in respect of which deduction under section 80-id has been claimed and allowed40explanation—for the purposes of this sub-clause, the expressions"hotel" and "convention centre" shall have the meanings respectively assigned to them in clause (a) and clause (b) of sub-section (6) of section 80-id; (b) the company is not engaged in any business other than the business of manufacture or production of any article or thing and research in relation to, or distribution of, such article or thing manufactured or produced by it45explanation—for the removal of doubts, it is hereby clarified that the business of manufacture or production of any article or thing referred to in clause (b) shall not include business of,—(i) development of computer software in any form or in any media;(ii) mining; (iii) conversion of marble blocks or similar items into slabs; (iv) bottling of gas into cylinder; (v) printing of books or production of cinematograph film; or5(vi) any other business as may be notified by the central government in this behalf; and (c) the total income of the company has been computed,—10(i) without any deduction under the provisions of section 10aa or clause (iia) of sub-section (1) of section 32 or section 32ad or section 33ab or section 33aba or sub-clause (ii) or sub-clause (iia) or sub-clause (iii) of sub-section (1) or sub-section (2aa) or sub-section(2ab) of section 35 or section 35ad or section 35ccc or section 35ccdor under any provisions of chapter vi-a under the heading "c—deductions in respect of certain incomes" other than the provisions of section 80jjaa;15(ii) without set off of any loss or allowance for unabsorbed depreciation deemed so under section 72a where such loss or depreciation is attributable to any of the deductions referred to in sub-clause (i);20explanation—for the removal of doubts, it is hereby clarified that in case of an amalgamation, the option under sub-section (7) shall remain valid in case of the amalgamated company only and if the conditions contained in sub-section (2) are continued to be satisfied by such company; and25(iii) by claiming the depreciation under the provision of section 32, except clause (iia) of sub-section (1) of the said section, determined in such manner as may be prescribed(3) the loss referred to in sub-clause (ii) of clause (c) of sub-section (2) shall be deemed to have been given full effect to and no further deduction for such loss shall be allowed for any subsequent year30(4) if any difficulty arises regarding fulfilment of the conditions contained in sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (2) or clause (b) of said sub-section, as the case may be, the board may, with the approval of the central government, issue guidelines for the purpose of removing the difficulty and to promote manufacturing or production of article or thing using new plant and machinery35(5) every guideline issued by the board under sub-section (4) shall be laidbefore each house of parliament, and shall be binding on the person, and theincome-tax authorities subordinate to it40(6) where it appears to the assessing officer that, owing to the close connection between the person to which this section applies and any other person, or for any other reason, the course of business between them is so arranged that the business transacted between them produces to the person more than the ordinary profits which might be expected to arise in such business, the assessing officer shall, in computing the profits and gains of such business for the purposes of this section, take the amount of profits as may be reasonably deemed to have been derived therefrom:45provided that in case the aforesaid arrangement involves a specified domestic transaction referred to in section 92ba, the amount of profits from such transaction shall be determined having regard to arm's length price as defined in clause (ii) of section 92f:provided further that the amount, being profits in excess of the amount of the profits determined by the assessing officer, shall be deemed to be the income of the person5(7) nothing contained in this section shall apply unless the option is exercised by the person in the prescribed manner on or before the due date specified under sub-section (1) of section 139 for furnishing the first of the returns of income for any previous year relevant to the assessment year commencing on or after 1st day of april, 2020 and such option once exercised shall apply to subsequent assessment years:provided that once the option has been exercised for any previous year, it cannot be subsequently withdrawn for the same or any other previous year10explanation—for the purposes of section 115baa and this section, the expression "unabsorbed depreciation" shall have the meaning assigned to it in clause (b) of sub-section (7) of section 72a5 in section 115jaa of the income-tax act, after sub-section (7), the following sub-section shall be inserted with effect from the 1st day of april, 2020, namely:—15amendment of section 115jaa"(8) the provisions of this section shall not apply to a person who has exercised the option under section 115baa" 6 in section 115jb of the income-tax act, with effect from the 1st day of april, 2020,—amendment of section 115jb(a) in sub-section (1), the following proviso shall be inserted, namely:—20"provided that for the previous year commencing on or after the 1st day of april, 2020, the provisions of this sub-section shall have effect as if for the words "eighteen and one-half per cent" occurring at both the places, the words "fifteen per cent" had been substituted"; (b) for sub-section (5a), the following sub-section shall be substituted, namely:—"(5a) the provisions of this section shall not apply to,—25(i) any income accruing or arising to a company from life insurance business referred to in section 115b;(ii) a person who has exercised the option referred to under section 115baa or section 115bab"30amendment of section 115qa7 in section 115qa of the income-tax act, in sub-section (1), the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 5th day of july, 2019, namely:—3515 of 1992"provided that the provisions of this sub-section shall not apply to such buy-back of shares (being the shares listed on a recognised stock exchange), in respect of which public announcement has been made before the 5th day of july, 2019 in accordance with the provisions of the securities and exchange board of india (buyback of securities) regulations, 2018 made under the securities and exchange board of india act, 1992 chapter iii amendments in the finance (no 2) act, 2019408 in section 2 of the finance (no 2) act, 2019 [hereafter in this chapter referred to as the finance (no 2) act], in sub-section (9), with effect from the 1st day of april, 2019,—amendment of act no 23 of 201945(a) in the second proviso, for the words "first schedule", the words, figures and letters "first schedule, except in case of a domestic company whose income is chargeable to tax under section 115baa or section 115bab of the income-tax act"shall be inserted and shall be deemed to have been inserted;(b) in the third proviso,—(i) in clause (a) for the words "the income-tax act" the words, figures and letters "the income-tax act, not having any income under section 115ad of the income-tax act" shall be inserted and shall be deemed to have been inserted;5(ii) after clause (a), the following clause shall be inserted and shall be deemed to have been inserted, namely:—10'(aa) in the case of individual or every 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 having income under section 115ad of the income-tax act,—(i) at the rate of ten per cent of such "advance tax", where the total income exceeds fifty lakh rupees, but does not exceed one crore rupees;15(ii) at the rate of fifteen per cent of such "advance tax", where the total income exceeds one crore rupees but does not exceed two crore rupees;20(iii) at the rate of twenty-five per cent of such "advance tax", where the total income [excluding the income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds two crore rupees but does not exceed five crore rupees;25(iv) at the rate of thirty-seven per cent of such "advance tax", where the total income [excluding the income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds five crore rupees;30(v) at the rate of fifteen per cent of such "advance tax", where the total income [including the income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds two crore rupees but is not covered in sub-clauses (iii) and (iv):35provided that in case where the total income includes any income chargeable under clause (b) of sub-section (1) of section 115ad of the income-tax act, the rate of surcharge on the advance tax calculated on that part of income shall not exceed fifteen per cent;';(iii) in clause (c), in the opening portion, for the words "domestic company", the words, figures and letters "domestic company except such domestic company whose income is chargeable to tax under section 115baa or section 115bab of the income-tax act," shall be inserted and shall be deemed to have been inserted;40 (c) in the fourth proviso, for the words, brackets and letter "in (a) above", the words, brackets and letters "in (a) and (aa) above" shall be substituted;(d) after the eighth proviso, the following proviso shall be inserted, namely:—45"provided also that in case of every domestic company whose income is chargeable to tax under section 115baa or section 115bab 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 ten per cent of such "advance tax"" 9 in the first schedule of the finance (no2) act,—amendment of part ii of first schedule(a) in part ii, under the sub-heading "surcharge on income-tax", in paragraph (i), in clause (a), with effect from the 1st day of april, 2019,—5(i) in sub-clauses i and ii, after the words "aggregate of such incomes", the brackets, words, figures and letters "(including the income under the provisions of section 111a and section 112a of the income-tax act)" shall be inserted and shall be deemed to have been inserted;10(ii) in sub-clauses iii and iv, after the words "aggregate of such incomes", the brackets, words, figures and letters "(excluding the income under the provisions of section 111a and section 112a of the income-tax act)" shall be inserted and shall be deemed to have been inserted;(iii) after sub-clause iv, the following sub-clause shall be inserted and shall be deemed to have been inserted, namely:—15"v at the rate of fifteen per cent of such tax, where the income or aggregate of the such incomes (excluding income under the provisions of section 111a and section 112a of the income-tax act) paid or likely to be paid and subject to the deduction exceeds two crore rupees, but is not covered under sub-clauses iii and iv):20provided that in case where the total income includes any income chargeable under section 111a and section 112a of the income-tax act, the rate of surcharge on the amount of income-tax deducted in respect of that part of income shall not exceed fifteen per cent;'';(b) in part iii, in paragraph a, under the sub-heading "surcharge on income-tax", after the opening portion,—25(i) in clauses (a) and (b), after the words "having a total income", the brackets, words, figures and letters "(including the income under the provisions of section 111a and section 112a)" shall be inserted;30(ii) in clauses (c) and (d), after the words "having a total income", the brackets, words, figures and letters "(excluding the income under the provisions of section 111a and section 112a)" shall be inserted;(iii) after clause (d) and before the proviso, the following clause shall be inserted, namely:—35"(e) having a total income (including income under the provisions of section 111a and section 112a) exceeding two crore rupees, but is not covered under clauses (c) and (d), shall be applicable at the rate of fifteen per cent of such income-tax:provided that in case where the total income includes any income chargeable under section 111a and section 112a of the income-tax act, the rate of surcharge on the amount of income-tax computed in respect of that part of income shall not exceed fifteen per cent;"4010 (1) the taxation laws (amendment) ordinance, 2019 is hereby repealedrepeal and savingsord 15 of 2019(2) notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe finance (no 2) act, 2019 (the finance act, 2019) was enacted on the 1st day of august, 2019, inter alia, to provide the rate of income-tax, surcharge and health and education cess (the cess) to be levied on the income of the financial year 2018-19 and also to provide the rate of income-tax, surcharge and cess to be applicable for deduction of tax at source and payment of advance-tax during the financial year 2019-20 subsequent to the enactment of the finance act, 2019 in view of various developments, it was felt that there is an urgent need to take additional fiscal measures so as to boost the investment and growth in the economy for which the government had already announced certain measures some of these measures related to amendments to the income-tax act, 1961 (the income-tax act) and to the finance act, 20192 it was also noticed that many countries, the world over, had reduced corporate income-tax to attract investment and create employment opportunities, thus, necessitating the need of similar measures in the form of reduction of corporate income-tax payable by domestic companies in order to make indian industry more competitive therefore, it was felt that a fiscal stimulus through reduction of corporate income-tax rate of domestic companies may be provided so as to attract the investment, generate employment and boost the economy of the country3 in view of the above, it becomes necessary to amend certain provisions of the income-tax act, and the finance act, 2019 however, as the parliament was not in session and in view of the urgency felt in the matter, the taxation laws (amendment) ordinance, 2019 was promulgated on the 20th day of september, 20194 the taxation laws (amendment) bill, 2019 which seeks to replace the aforesaid ordinance is on lines to the taxation laws (amendment) ordinance, 2019 however, in view of representations received from various stakeholders to provide certainty, it has been proposed to make certain further amendments to the income-tax act and the finance act, 2019, which are as under—(i) to amend section 115baa of the income-tax act, relating to "tax on income of certain domestic companies" so as to—(a) insert a proviso to sub-section (1) that the option of the person withrespect to computation of income-tax shall become invalid, if the person fails to fulfil the conditions mentioned in sub-section (2) of the said section;(b) insert certain additional grounds in sub-section (2) to be complied by the person;(c) insert a new sub-section in the said section relating to option by the person having a unit in the international financial services centre; and(d) to insert a proviso to sub-section (5) that in case where option of the person becomes invalid under section 115bab for the specified reasons, it may exercise option under section 115baa; (ii) to amend section 115bab, relating to "tax on income of new manufacturing domestic companies" so as to—(a) insert certain provisions in sub-section (1) relating to computation of different rates of tax for the reasons mentioned therein;(b) to clarify that the benefit of this section shall not be available to the business of—(i) development of computer software in any form or in any media; (ii) mining; (iii) conversion of marble blocks or similar items into slabs; (iv) bottling of gas into cylinder; (v) printing of books or production of cinematograph film; or (vi) any other business notified by central government in this behalf;and(c) insert a new sub-section that if any difficulty arises regarding fulfilment of conditions, the board may issue guidelines for the purpose of removing the difficulty and to promote manufacturing or production of article or thing using new plant and machinery; (iii) to amend section 115jaa of the income-tax act relating to "tax credit in respect of tax paid on deemed income of certain companies" so as to insert a new sub-section (8) providing that the provisions of section 115jaa shall not apply to a person who has exercised the option under section 115baa; and(iv) to amend the provisions of the finance (no 2) act, 2019 which are of consequential in nature 5 the bill seeks to replace the aforesaid ordinancenew delhi;nirmala sitharamanthe 21st november, 2019 ———— president's recommendation under articles 117 and 274 of the constitution of india ————[copy of do no 142/20/2019-tpl, dated 21st november, 2019 from smt nirmala sitharaman, minister of finance and corporate affairs in the ministry of finance to the secretary-general, lok sabha]the president having been informed of the subject matter of the taxation laws(amendment) bill, 2019, recommends under clauses (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, 2019 to the lok sabha for its introduction and also recommends to the lok sabha the consideration of the bill memorandum regarding delegated legislationclause 4 of the bill seeks to insert new sections 115baa and 115bab in the incometax act relating to tax on income of certain domestic companies and tax on income of new manufacturing domestic companiesclause (iv) of sub-section (2) of proposed section 115baa provide that for the purposes of sub-section (1), while computing the total income of the company, the depreciation under section 32 is determined in the manner as may be prescribed sub-clause (iii) of clause (c) of sub-section (2) of proposed section 115bab provide for prescribing similar manner of determination of depreciationproviso to sub-section (3) of proposed section provides that where there is unabsorbed depreciation allowance in respect of a block of asset which has not been given full effect to prior to the assessment year beginning on the 1st day of april, 2020, corresponding adjustment shall be made to the written down value of such block of assets as on the 1st day of april, 2019 in the prescribed manner if the option under sub-section (5) is exercised for a previous year relevant to the assessment year beginning on the 1st day of april, 2020sub-section (5) of the proposed section 115baa further seeks to provide that the option by the person referred to in sub-section (1) shall be exercised in the prescribed manner on or before the due date specified under sub-section (1) of section 139 for furnishing the return of income for the relevant previous year sub-section (7) of proposed section 115bab provide for prescribing similar manner for exercising option under this section annexure extracts from the income-tax act, 1961 (43 of 1961) tax on income of certain domestic companies115ba (1) notwithstanding anything contained in this act but subject to the other provisions of this chapter, the income-tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the 1st day of april, 2017, shall, at the option of such person, be computed at the rate of twenty-five per cent, if the conditions contained in sub-section (2) are satisfied| | | | | ||------|------|------|------|-----|115jb (1) (5a) the provisions of this section shall not apply to any income accruing or arising to a company from life insurance business referred to in section 115bspecial provision for payment of tax by certain companies extracts from the finance (no2) act, 2019(23 of 2019) chapter ii rates of income-taxincome tax2 (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 insuch cases and in such manner as provided therein: provided further that the amount of "advance tax" computed in accordance with the provisions of section 111a or section 112 or section 112a of the income-tax act shall be increased by a surcharge, for the purposes of the union, as provided in paragraph a, b, c, d or e, as the case may be, of part iii of the first schedule:provided also that in respect of any income chargeable to tax under section 115a,115ab, 115ac, 115aca, 115ad, 115b, 115ba, 115bb, 115bba, 115bbc, 115bbd, 115bbda, 115bbf, 115bbg, 115e, 115jb or 115jc of the income-tax act, "advance tax" computed under the first proviso shall be increased by a surcharge, for the 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,—(i) at the rate of ten per cent of such "advance tax", where the total income exceeds fifty lakh rupees but does not exceed one crore rupees;(ii) at the rate of fifteen per cent of such "advance tax", where the total income exceeds one crore rupees but does not exceed two crore rupees;(iii) at the rate of twenty-five per cent of such "advance tax", where the total income exceeds two crore rupees but does not exceed five crore rupees;(iv) at the rate of thirty-seven per cent of such "advance tax", where the total income exceeds five crore rupees; (c) in the case of every domestic company,—(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; provided also that in the case of persons mentioned in (a) above, having total income chargeable to tax under section 115jc of the income-tax act, and such income exceeds,—(a) fifty lakh rupees but does not exceed one 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" on a total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees;(b) one crore rupees but does not exceed two 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" on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees;(c) two crore rupees but does not exceed five 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" on a total income of two crore rupees by more than the amount of income that exceeds two crore rupees;(d) five 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" on a total income of five crore rupees by more than the amount of income that exceeds five crore rupees: the first schedule(see section 2) part ii rates for deduction of tax at source in certain cases surcharge on income-taxthe amount of income-tax deducted in accordance with the provisions of—(i) item 1 of this part, shall be increased by a surcharge, for the purposes of the union,—(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, being a non-resident, calculated,—i at the rate of ten per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds fifty lakh rupees but does not exceed one crore rupees;ii at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed two crore rupees;iii at the rate of twenty-five per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds two crore rupees but does not exceed five crore rupees; and iv at the rate of thirty-seven per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds five crore rupees; part iii rates for charging income-tax in certain cases, deducting income- tax from income chargeable under the head "salaries" and computing "advance tax" paragraph a surcharge on income-taxthe amount of income-tax computed in accordance with the preceding provisions of this paragraph, or the provisions of section 111a or section 112 or section 112a of the income-tax act, shall be increased by a surcharge for the purposes of the union, calculated, 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,—(a) having a total income exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of ten per cent of such income-tax;(b) having a total income exceeding one crore rupees but not exceeding two crore rupees, at the rate of fifteen per cent of such income-tax;(c) having a total income exceeding two crore rupees but not exceeding five crore rupees, at the rate of twenty-five per cent of such income-tax; and(d) having a total income exceeding five crore rupees, at the rate of thirty-seven per cent of such income-tax:provided that in the case of persons mentioned above having total income exceeding,—(a) fifty lakh rupees but not exceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees;(b) one crore rupees but does not exceed two crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees;(c) two crore rupees but does not exceed five crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of two crore rupees by more than the amount of income that exceeds two crore rupees;(d) five crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax and surcharge on a total income of five crore rupees by more than the amount of income that exceeds five crore rupees ———— a billfurther to amend the income-tax act, 1961 and to amend the finance (no 2)act, 2019————(smt nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—3569ls—21112019

Parliament_bills

6ca04717-928a-5b75-987a-d08f0295506d

'~~i0011111111~·~·~· ·""",,~ - ·,,~,"<t~ illbrary refer"'h"~ & 'ntnrtl,aril)n1 i st-r"i('1' § , (corractior tjni{: ~ , aeo n~ • 3;s- , 1 ;rt'1?!···· : bill no 84 of 1171 the punjab appropriation bill, 1971 billto authorise payment' and appropriation of certain sums from and out of the c01i8olidated fund of the state of punjab fot the services of the financial year 1971-72 be it enacted by parliament in the twenty-second year of the republic of india as follows:-1 this act may be called the punjab appropriation act, 1971 punjab act 8 of 1971 2 from and out of the consolidated fund of the state of pl1njab s there may be paid and applied sums not exceeding those "ipecified in column 3 of the schedule amounting in the aggregate [inclusive of the sums specified in column 3 of the schedule to the punjab appropriation (vote on account) act, 1971] to the sum of five hundred crores, eleven lakhs, fifty-five thousand, eight hundred and eighty rupees 10 towards defraying the several charges which will come in i!ourse cf payment during the financial year 1971-72 in respect of the scrvicl's specified in column 2 of the schedule short title issue of rs 5,00,11, 55,880 out of the consoli_ dated fundal the state of punjab for the financial year 1971-72 3 the sums authorised to be paid and applied from and out of the appro_ consolidated fund of the state of punjab by this act shall be appl'o-priation is priated for the services and purposes expressed in the schedule in relation to the said year the schedulei 2 i ~ --------services and purposes sums not exceeding s 0 n of v ote voted bv charged on parliament the consolida-total ted pund i 10 rs rs , rs i land revenue 1,9785,800 66400 r ,98,52200 2 state excise duties 26,50,300 ~o,ooo 2670,300 taxes on vehicles 780900 780,900 3 sales tax 5782800 10,000 57,92,800 4 other taxes and duties 30,34,900 3,000 3037900 5 " 6 " stunps' 6,60000 6,60,000 is 7 rqistration fees 55,600 ss,6oo ,,' interest on debt and 'other obligations 155~j8\'oo is,52,38,9oo appropriation for reduction or avoid-a anceofdebt 6,98461»0 6,98>46,000 20 8 parliamem, state/union territory tqislatures 46,97900 65,600 47,63500 general administration 4,99,64900 1 '",0,300 sil,os2co 9 10 administration of justice 8457aoo ~4,61600 109,19,000 " ii jail!! 1,2657400 1,26510400 police 8,93,71,100 30,000 8,9401,100 12 supplies and disposllls · soi?co looood 5u,?oo miscellaneous departments 89,71>400 8971>400 13 l' is seien'ific dopartments 5,89100 , 5,119100 16 education 32,35,39400 '19t411»0 3219480>400 17 " medical· · 594,64,300 ~,37,ooo 5,9701300 18 public health · 5)109900 5000 sji,i4t900 pamily planning 165;30,000 ,1,65,30000 19 65s,36,1100 ; 65sj36~8qt) agriculture 20 21 animal husbandry -2,45,':"5>400, 2>45,75>400 22 3s co-operation · 1,56,13,800 3,000 156,16,800 23 industries · 1,77,700 ~77 6'7oo "' no of tot!l s vote i i ~erviccis hnd purpclbes voted bv prrliamtnt charpd on the c 011800 dated fund 1-----------------------1----------1--------1----------ri rs ri 10 24 communltv development projects, national extension service iitid local development \vorb 6,3822,700 2>4216000 25 labour and employment 2042,16,000 26 miscellaneous, social -and developmental organisations is 27 mujti-pul'jl' ',e iver schemes r irrigation, navi~ation, embankmentl ' and drainage works (commercial, 20 2q ~ irri!l'ati~~, navigation, embankment r i and drainage" works (non-i l commercial) - - j 34143990 charges _ on irrigation establishment 304'43,990 29 783,38,880 publicworb 7,81,68880 3' 1,70>88170 chargcs on buildings and roada establishment 2s 32 capital outlay on public \vorb 33 road and water tranaport schemes 34 i famine relief 3 ~ i pensiona and other retirement bene- fits - - 30 36 privy purses and a1lowanectl of indian rulers - -653,100 37 stationery and printing '3974,600 forests "-miscellaneous - 35 40 1,82,500 other miscellaneous compenaationa and asslanments ',82500 2,000 2000 4' pre-,)aftition payments 42 capital outla,· on schemes of agriculturallmprovement and reaearch - 40 43 5,12,75000 canital outlay on indultrial and bco-romic development 44 capital outlay on multipurpose ri':,er schemcs • 4s 4s - canltal outlay on irrigation, navigation, embadkment and drainage wom (commercial) --| sum | nut | exceedidi ||-----------------------------|----------------|--------------|| 2 | | || 1 | | || i | | || -"------ | | || s | | || no | | || of | | || vote | | || services | | || and | | || purposes | | || --------------------------- | | || voted | | || by | | || parliament | | || charpd | | || on | | || the | | || c(ldloli- | | || ,uted | fund | || total | | || -- | - | || ri | | || jh | | || rs | | || i | | || | 6 | || capital outlay | on | public works || 13,08,208so | | || j'-:fjoo | | || 13,ii,20,8so | | || "7', capital outlay | | || on | | || o~her | | || works | | || 12,70000 | | || 12,70,000 | | || 10 | | || i | | || capital | | || ouday | | || on | road | an4 || tranapon | | || schemes | | || 1,79,115',000 | | || 1,79,115,000 | | || payments | | || of | | || commuted | | || pensions | | || value | | || of | | || 2,00,000 | | || 2,00,000 | | || is | | || 50 | | || capital outla\' | on | schemes || of | | || govern- | | || ment | | || trad{nl | | || 1,51,32,26,000 | | || 151,32,26,000 | | || public | debt | || 1,18,j739600 | | || 1,18,97,29,600 | | || 28,79,69,1100 | | || | | || \ 28,7969,800 | | || 51 | | || { | | || loan, | | || to local | fund--private | || 1 | | || parties, etc | | || ~ | | || i | | || loans to government | | || servants | | || j | | || total | | || ,-------------------------- | | | statement of objects and reasonsthis bill is introduced in pursuance of article 204 (1) of the consti-"uti on and the proclamation issued under article 356 of the constitution n respect of the state of punjab on the 15th june, 1971, 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 by the lok sabha in respect of the estimated expenditure of the government of punjab for the financial year 1971-72 k r ganesh president's recommendation under article 207 of the constitution of india[copy of letter no f3(10)-fcc/71, dated the 17th june, 1971 from shri k r ganesh, minister of state in the ministry of finance to the secretary, lok sabha] the president having been informed of tht' subject matter of the proposed 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 the financial year 1971-72, recommends under clauses (1) and (3) of article 207 of the constitution of india and the proclamation dated the 15th june, 1971, issued under article 356 of the constitution, the introduction of the punjab appropriation bill, 1971, in the lok sabha and also the consideration of the bill 2 the bill will be introduced in the lok sabha immediately after the demands for grants, for the expenditure of the government of the state of punjab for the year 1971-72 have been voted a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of punjab for the services of the~ financial year 1971-72 (shri k r g4nesh, minister of st'4tein the ministry 01 fincmce) •

Parliament_bills

1d49042a-9fde-53aa-bfe2-5e6d6e2bab26

bill no 72 of 2012 the hiv/aids bill, 2012——————arrangement of clauses—————— chapter i preliminaryclauses1short title, extent and commencement2definitions3general declaration of principles and interpretation chapter ii prohibition of discrimination 4 prohibition of discrimination 5 prohibition of hate and discriminatory propaganda 6 prohibition of victimisation chapter iii informed consent 7 right to autonomy 8 informed consent for hiv testing, treatment and research 9 exceptions to informed consent for an hiv-related test 10 hiv testing chapter iv disclosure of information 11 right to privacyclauses12disclosure of information13partner notification14duty to prevent transmission15data protection16prohibition on publication chapter v access to testing, treatment and counselling 17 right to health 18 protocols for hiv-related treatment 19 measures to be taken by state chapter vi safe working environment 20 right to safe working environment chapter vii promotion of strategies for reduction of risk 21 strategies for reduction of risk chapter viii social security 22 social security scheme chapter ix information, education and communication 23 right to information 24 duty of state to promote hiv/aids-related iec 25 hiv/aids information as a health servicechapter xappointment of health ombud26appointment of health ombud27tenure of office of health ombud28salary and allowances of health ombud29functions of health ombud30powers and procedure31findings and orders32civil authorities to carry out health ombud orders33consequences of breach of health ombud orders34report to government35right of redressalchapter xihiv/aids authority36constitution of hiv/aids authorities37hiv/aids authority to be body corporate38office of hiv/aids authority39composition of hiv/aids authorities40nomination committee41advisory committee42appointments to hiv/aids authority and nomination committee by appropriate governmentclauses43tenure of office of director and other members44salary and allowances of director and members45meetings of the hiv/aids authority46committees47officers and other employees of the hiv/aids authority48director to be chief executive49transfer of undertakings, etc50functions of the hiv/aids authority51additional functions of national hiv/aids authority52additional functions of state and union territory hiv/aids authority53power of hiv/aids authority54authentication of orders of hiv/aids authority55hiv/aids authority to monitor compliance of act56hiv/aids authority to consult57duty to publish information58appropriate government to consider hiv/aids authority reports59budgetary provisions60accounts and auditchapter xiiinstitutional obligations61application62general responsibility of institutions63grievance redressal mechanism64hiv/aids policy65right of redressal chapter xiii duties of state 66 state obligations 67 programmatic and implementation obligations 68 interaction with international communitychapter xivspecial provisions69women and health70right of residence71registration of marriages72hiv-related iec before marriage73hiv-positive women who are pregnant74sexual assault protocols75persons in the care or custody of the state76children77children affected by hiv/aids78protection of property of children affected by hiv/aids79recognition of guardianship of older sibling80de-facto guardian81living wills, stand by guardianship and testamentary guardianshipclauseschapter xvspecial procedures in court82suppression of identity83priority84maintenance85sentencing86powers of court87power of court to order systemic audits88presumption as to discrimination89jurisdiction of courtschapter xvipenalties90penalty for contravention of provisions of section 591penalty for misleading information92penalty for contravention of sub-section (4) of section 21 by public servant93failure to comply with orders of health ombud94penalty for contravention of provisions of clause (c) of sub-section (1) of section 8295offences by companies96offences by government departments97court competent to try offences under this act and take cognizance of offence98offences to be cognizable and bailable99offence under the act to be tried summarilychapter xviimiscellaneous100act to have overriding effect101member and staff of hiv/aids authorities etc to be public servants102exemption from tax on wealth and income103report of the hiv/aids authority to be placed before legislature104protection of action taken in good faith105delegation of powers106power to make rules and regulations107power to remove difficulties108review and monitoring of actbill no 72 of 2012 the hiv/aids bill, 2012 bydr kirit premjibhai solanki, mpa billto provide for prevention, control and management of hiv epidemic in india; protectionand promotion of human rights of persons living or affected by hiv/aids; for establishment of authorities at the national, state, union territory and district level to promote such rights and to promote prevention, awareness, care, support, treatment programmes to control the spread of hiv/aids and for matters connected therewith or incidental theretowhereas the spread of hiv/aids is a matter of national concern;and whereas there is a need to prevent and control the spread of hiv/aids; and whereas there is a need to protect and promote the human rights of persons who are hiv positive or are most vulnerable to hiv/aids; and whereas there is a need for effective and accessible care, support and treatment for persons living with or affected by hiv/aids; and whereas there is a need to protect the rights of healthcare providers and other such persons providing services to person affected to hiv/aids; and whereas the government of india has signed various treaties, agreements and declarations relating to hiv/aids, the protection of rights of persons who are hiv positive or affected by hiv/aids or are most vulnerable to hiv/aids and prevent the spread of hiv/aids, including the international convention on civil and political rights, the international convention on economic, social and cultural rights and the united nations general assembly special session declaration of commitment on hiv/aids;and whereas it is necessary to give effect to those treaties and declarations under article253 of the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows: — chapter i preliminary1 (1) this act may be called the hiv/aids act, 20125 (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,—10(a) "aids" means acquired immune deficiency syndrome,—a condition characterized by a combination of signs and symptoms, caused by hiv, which attacks and weakens the body's immune system making the hiv-positive person susceptible to other life threatening conditions and shall include such signs and symptoms as the national hiv/aids authority may, from time to time, specify;15(b) "appropriate government" means —(i) the central government in the case of the territory comprising the whole of india,(ii) the state government in the case of territory comprised in a state,20(iii) the union territory administration, in the case of territory comprised in a union territory having its own legislature, and(iv) the central government, in the case of other union territories;25(c) "capacity to consent" means an individual's ability determined on an objective basis irrespective of such individual's age, to understand and appreciate the nature and consequences of a proposed healthcare service, treatment, intervention, procedure or research, or of a proposed disclosure of hiv-related information, and to make an informed decision concerning such service, treatment, intervention, procedure or disclosure;30(d) "children affected by hiv/aids" means persons below the age of eighteen years who are hiv positive, or have a parent or guardian who is hiv-positive, or have lost a parent or guardian due to aids or live in households fostering children orphaned by aids;(e) "court" means a civil, criminal or revenue court and includes any tribunal or any other authority, constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions;35(f) "discrimination" includes any act or omission including a policy, law, rule, practice, custom, tradition, usage, condition or situation which directly or indirectly, expressly or by effect, immediately or over a period of time,—(i) imposes burdens, obligations, liabilities, disabilities or disadvantages on,(ii) denies or withholds benefits, opportunities or advantages from, or40(iii) compels or forces the adoption of a particular course of action by, any person or category of persons, owing to one or more hiv-related groundsexplanation—for the purposes of this clause, hiv-related grounds mean—(i) hiv status, actual or perceived; (ii) actual or perceived association with an hiv-positive person; or5(iii) actual or perceived risk of exposure to hiv infection; or (iv) any other ground where discrimination based on that ground—(a) causes or perpetuates or has a tendency to perpetuate systemicdisadvantage in respect of a category of persons, or(b) undermines human dignity, or10(c) adversely affects the equal enjoyment of a protected person's rights and freedoms in relation to hiv/aids;15(g) "domestic relationship" means a relationship between two or more persons who live or have lived together in a shared household, and are related by consanguinity or marriage or through a relationship in the nature of marriage or adoption or living together as members of joint family;(h) "healthcare provider" means an individual whose vocation or profession is directly or indirectly related to the maintenance of the health of another individual and includes any physician, nurse, paramedic, psychologist, counsellor or other individual providing medical, nursing, psychological or other healthcare services of any kind;20(i) "hiv" means the human immuno deficiency virus; (j) "hiv/aids authority", means a national, state, union territory or district hiv/aids authority, as the case may be;(k) "hiv-positive person" means a person who tests positive for hiv with a confirmatory hiv test;25(l) "hiv-related information" means any information related to the hiv status of a person and includes—(i) information related to or concerning the undertaking, performing or result of an hiv test; or30(ii) information related to or concerning the hiv or hiv antibody status of a person; or(iii) information related to or concerning the care, support or treatment of a person; or35(iv) any other private information concerning a person, collected, received, accessed or recorded in connection with an hiv-related test, hiv-related treatment or hiv - related research or the hiv status of a person; or(v) information which may identify such person(m) "hiv status" means the actual or perceived presence in a person's body of hiv or symptoms of aids;40(n) "hiv test" means a test to determine the presence of the antibody or antigen of hiv, or of hiv infection;(o) "hiv-related test" includes an hiv test and tests to determine the presence of conditions related to hiv;(p) "iec" means information, education and communication;45(q) "informed consent" means consent given, specific to a proposed intervention,without any force, undue influence, fraud, threat, mistake or misrepresentation andobtained after disclosing to the person giving consent adequate information including risks and benefits of, and alternatives to, the proposed intervention in a language and manner understood by such person;5(r) "institution" means any person carrying on systematic activity by co-operation between two or more persons in the previous twelve months, in one or more places with functional integrity, for wages, consideration or otherwise, for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes but does not include any seasonal agricultural operation;(s) "partner" means a spouse and includes a person with whom another person has a relationship in the nature of marriage;101 of 195615(t) "person" includes an individual, a hindu undivided family, any other family, a company, a firm, an association of persons or a body of individuals, whether incorporated or not, in india or outside india, any corporation established by or under any central, state or provincial act or a government company as defined in section 617 of the companies act, 1956, any body corporate incorporated by or under the laws of a country outside india, a co-operative society registered under any law relating to co-operative societies, a local authority, and every other artificial juridical person;(u) "prescribed" means as prescribed in the rules under this act; (v) "protected person" means a person who is—20(i) hiv-positive; or (ii) actually, or perceived to be, associated with an hiv-positive person; or (iii) actually, or perceived to be, at risk of exposure to hiv infection; or (iv) actually or perceived to be, a member of a group actually or perceived to be, vulnerable to hiv/aids25 30(w) "reasonable accommodation" means the alteration of policies, practices, or procedures of or the modification of, or adjustment to, a job or work or other environment or the way things are usually done that enables an hiv-positive person, who is otherwise qualified to enjoy equal benefits and privileges of the programme, service, or activity, or to perform the essential functions of a job or to fulfil the requirements of an educational programme or course, as a similarly-situated person who is not hiv-positive, and includes job restructuring, part-time or modified work or education schedules, or reassignment to a vacant position;(x) "regulations" means regulations made under this act; (y) "significant risk" means,—35(i) the presence of a significant risk body substance; or(ii) a circumstance which constitutes significant risk for transmitting orcontracting hiv infection; or(iii) the presence of an infectious source; or40(iv) such other risks as the national hiv/aids authority may, from time to time, specify explanation 1— "significant risk body substances" includes blood, blood products, semen, vaginal secretions, breast milk, tissue and the body fluids - cerebrospinal, amniotic, peritoneal, synovial, pericardial and pleuralexplanation 2— "circumstances which constitute significant risk of transmitting or contracting hiv infection" includes,—(i) sexual intercourse including vaginal, anal or oral sexual intercoursewhich exposes an uninfected person to blood, blood products, semen or vaginal secretions of an hiv-positive person;5(ii) sharing of needles and other paraphernalia used for preparing andinjecting drugs between hiv-positive persons and uninfected persons;(iii) the gestation, birthing or breast feeding of an infant when the motheris an hiv positive person;10(iv) transfusion or transplantation of blood, blood products, organs orother tissues from an hiv-positive person to an uninfected person, provided such blood, blood products, organs or other tissues have not been tested conclusively for the antibody or antigen of hiv and have not been rendered non-infective by heat or chemical treatment;15 20(v) other circumstances not identified above during which a significantrisk body substance, other than breast milk, of an hiv-positive person contacts or lay contact mucous membranes including eyes, nose or mouth, non-intact skin including open wounds, skin with dermatitis condition or abraded areas or the vascular system of an uninfected person such circumstances include but are not limited to needle-stick or puncture wound injuries and direct saturation or permeation of these body surfaces by the infectious body substance;but does not include—(i) exposure to urine, faeces, sputum, nasal secretions, saliva, sweat,tears or vomit that does not contain blood that is visible to the naked eye;25(ii) human bites where there is no direct blood to blood, or blood tomucous membrane contact;(iii) exposure of intact skin to blood or any other blood substance;and30(iv) occupational settings where individuals use scientificallyaccepted universal precautions, barrier techniques and preventive practices in circumstances which would otherwise pose a significant risk and such barriers are not breached and remain intact(z) "state" shall have the meaning assigned to it under article 12 of the constitution35(za) "universal precautions" means infection control measures that prevent exposure to or reduce the risk of transmission of pathogenic agents including hiv and includes education, training, personal protective equipment such as gloves, gowns and masks, hand washing, and employing safe work practices 3 (1) any person applying this act must interpret its provisions to give effect to—40general declaration of principles and interpretation(a) the letter and spirit of the constitution, the provisions of which include theguarantee of equality, life and personal liberty and the freedom of speech, expression and movement;45(b) compliance with international law obligations including treaty obligations interms of, amongst others, the universal declaration of human rights, the international covenant on economic, social and cultural rights, the international convenant on civil and political rights, the united nations general assembly special session declaration of commitment on hiv/aids and the convention on the elimination of all forms of discrimination against women and customary international law; and50(c) the preamble of this act, thereby fulfilling the spirit, purpose and objects of this act (2) in the adjudication of any proceedings, which are instituted in terms of or under this act, the court shall apply the principle of purposive interpretation and in balancing rights shall follow the principle of the least restrictive alternative(3) in the adjudication of any proceedings, which are instituted in terms of or under this act, the following principles shall apply:—5(a) the expeditious processing of cases, which facilitates participation by the parties to the proceedings;(b) access to justice to all persons in all judicial and other dispute resolution fora;10(c) the use of corrective or restorative measures in conjunction with measures of a deterrent nature; and(d) the development of special skills and capacity for persons applying this act in order to ensure effective implementation and administration thereof (4) in the application of this act, the following shall be recognised and taken into account:—15(a) the existence of systemic discrimination and inequalities, particularly in respect of class, disability, religion, race, caste, sex and place of birth in all spheres of life as a result of past and present discrimination, including that brought about by patriarchy; and20(b) the need to take measures at all levels to eliminate such discrimination and inequalities chapter ii prohibition of discriminationprohibition of discrimination4 (1) no person shall be subject to discrimination in any form by the state or any other person in relation to any sphere of public activity including,—25(a) denial of, or termination from, employment or occupation unless in the case of termination,—30(i) a person, who is otherwise qualified, in the written assessment of an independent healthcare provider qualified to make such an assessment, poses a significant risk of transmission of hiv to other persons in the workplace, or is unfit to fulfil the duties of the job; and(ii) the employer is unable to provide reasonable accommodation due to undue administrative or financial hardship in which case the employer shall along with the letter of dismissal provide a written statement to such person stating the nature and extent of such hardship:35provided that if the employer fails to provide such written statement, it shall be presumed that there is no such undue administrative or financial hardship;(b) unfair treatment in, or in relation to, employment or occupation; (c) denial or discontinuation of, or unfair treatment in, healthcare services;(d) denial or discontinuation of, or unfair treatment in, educational services;40 45(e) denial or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public, whether or not for a fee including shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, bathing ghats, roads, burial grounds or funeral ceremonies and such other public places;(f) denial or discontinuation of, or unfair treatment with regard to, the right of movement;(g) denial or discontinuation of, or unfair treatment with regard to, the right to reside, purchase, rent, or otherwise occupy, any property;5(h) denial or discontinuation of, or unfair treatment in, the opportunity to standfor or hold public or private office;(i) denial of access to, removal from, or unfair treatment in, a state or private institution in whose care or custody a person may be;10(j) denial of, or unfair treatment in, the provision of insurance unless such unfair treatment is based on and supported by actuarial studies;(k) isolation or segregation of a protected person; (l) hiv testing as a pre-requisite, for obtaining employment, or accessing healthcare services or education or, for the continuation of the same or, for accessing or using any other service or facility15explanation— without prejudice to the generality of the provisions of this act, schedule i to this act is intended to illustrate and emphasise some instances of unfair treatment, which are discriminatory, in order to address and eliminate such treatment20(2) nothing in this act shall prevent the state or any other person from taking measures for the protection, benefit or advancement of protected persons including the greater involvement of hiv-positive persons for the purposeprohibition of hate and discriminatory propaganda255 no person shall, publish, propagate, advocate or communicate by words, either spoken or written, or by signs or by visible representations or otherwise against any protected person, or group or category of protected persons, in general or specifically, anything or disseminate or broadcast any information, or publish or display any advertisement or notice, that could reasonably be construed to demonstrate an intention to be harmful or to incite harm, promote or propagate hatred, or which is likely to expose protected persons to hatred, discrimination, harm or physical violence30prohibition of victimisation6 no person shall subject, or threaten to subject any other person or persons to any detriment on the grounds that such person or persons have taken or intend to take or are believed to have taken or intend to take any of the following actions:—(a) make a complaint under this act; or (b) bring proceedings under this act against any person; or (c) furnish any information, or produce any documents to a person exercising or performing any power or function under this act; or35(d) appear as a witness in a proceeding under this act; or (e) assert their rights or the rights of any other person under this act; or (f) allege that a person has done an act that is unlawful by reason of a provision of this act chapter iii informed consentright to autonomy7 every person has the right to bodily and psychological integrity including the right not to be subject to medical treatment, interventions or research without that person's informed consent8 (1) subject to the provisions of this act, no hiv-related test or hiv-related treatment of a person or hiv-related research involving a person, shall be undertaken or performed except with the informed consent of that person or that person's representative in accordance with sub-section (2) belowinformed consent for hiv testing, treatment and research5(2) the informed consent of a person's representative shall be taken only in the following circumstances:(a) where the person has died, from that person's partner or if he has no partner from the next of kin or administrator or executor;(b) where in the case of an hiv-related test or hiv-related treatment:—10(i) the person is under the age of twelve years, from that person's parent or legal or de-facto guardian or next friend; and(ii) the person is between the ages of twelve and sixteen years and, in the written assessment of the concerned healthcare provider lacks the capacity to consent, from that person's parent or legal or de-facto guardian or next friend15(c) where in the case of hiv-related research, the person is below the age of eighteen years, from that person's parent or legal or de-facto guardian or next friend(d) where, in the written assessment of the concerned healthcare provider, the person lacks the physical or mental capacity to consent, from that person's partner, or relative or legal or de-facto guardian;20(e) in an emergency situation, where the person is unconscious, or otherwise unable to give informed consent, from that person's partner, or relative or legal or de-facto guardian;25(f) in clauses (a) to (e) above, where a representative of the person is not available to give informed consent, or in clause (e) above, in the opinion of the healthcare provider, is not acting in the best interest of the person, then the same shall be taken from an authorised representative of the concerned institution or an independent healthcare provider:30provided that where informed consent is given by a person's representative under sub-clause (2) (b), (c) and (d) best efforts shall be made to involve the person for whom informed consent is being given in the informed consent process and where informed consent is being given by the representative under sub-section (2) (e) the person for whom informed consent is being given shall as soon as possible be informed of the decision (3) informed consent taken under sub-section (1) or (2) shall be recorded in writing:35provided that where a person is unable to give informed consent in writing, informed consent may be taken verbally from that person and a record of such informed consent shall be entered into records maintained by the person taking the informed consent40(4) the national hiv/aids authority shall within one hundred and eighty days of its constitution, notify counselling protocols that shall be applicable to all persons including counselling protocols for hiv-tests, hiv-related tests, hiv-related treatment and hiv-related research and counselling protocols for children who are hiv positive including the manner in which such children shall be involved in the informed consent process and how and who shall disclose their status to them45(5) every institution involved in hiv-related testing, hiv-related treatment or hiv-related research shall follow counselling protocols for women and children to ensure they have access to conducive settings that facilitate their individual decision making for hiv-related testing, hiv-related treatment or hiv-related research(6) informed consent for an hiv-test shall be valid only when the person being tested is provided pre-test and post-test counselling in accordance with the regulations:provided that where a representative of the person is giving informed consent such representative shall also receive counselling510(7) informed consent for hiv-related treatment shall be valid only when the personwho is to be administered the treatment, and such person's representative, in case the informed consent is being given by a representative under sub-section (2), is explained the risks and benefits of the proposed treatment, including the nature of hiv/aids, the treatments available for it, the alternatives that may be available, the stages when they can be administered, their duration, their side-effects, the likely expenses and the adherence requirements of such treatment15(8) informed consent for hiv-related research shall be considered valid only when the potential research subject, and such person's representative, in case the informed consent is being given by a representative under sub-section (2), is comprehensively informed of the aims, methods, sources of funding, any possible conflicts of interest, institutional affiliations of the researcher, the anticipated benefits and potential risks of the study, the discomfort it may entail and the right to abstain from participation in the research or to withdraw consent to participate in the research at any time without any adverse consequences9 informed consent for an hiv-related test shall not be required in the following circumstances:—20(a) when an hiv-related test is ordered by a court:exceptions to informed consent for an hiv- related testprovided that no court shall order an hiv-related test to be carried out either as part of a medical examination or otherwise, unless the court,—25(i) determines by an order that the carrying out of the hiv-related test is necessary for the determination of issues and in the interest of justice in a matter before it; and(ii) ensures that the person being tested receives pre-test and post-test counselling and that the hiv-related information of that person is not disclosed except in accordance with the provisions of this act30(b) for hiv-related testing in the procuring, processing, distribution or use of ahuman body or any part thereof, including organs, tissues, blood, semen or other body fluids for use in medical research or therapy or for transplantation, transfusion to, or artificial insemination of persons:35provided that if the test results are requested by a donor prior to donation, then the donor will be referred to a voluntary counselling and testing centre and shall not be entitled to the results of the test unless the donor has received post-test counselling from the voluntary counselling and testing centre;(c) for epidemiological or surveillance purposes where the hiv test is anonymous and unlinked and is not for the purpose of determining the hiv status of a person:40provided that persons who are subject of such epidemiological or surveillancestudies shall be informed of such studies in accordance with the regulationshiv testing10 (1) notwithstanding anything contained in any other law for the time being in force, no person shall be subject to an hiv test except in accordance with the provisions of this act45(2) subject to the provisions of this act, no hiv test may be recommended or performed except,—(a) for the voluntary determination of the hiv status of a person; or (b) if it is medically indicated for the appropriate treatment or care and in the best interest of the person being tested (3) an hiv test may be performed only by,—(a) a voluntary counselling and testing centre; or5(b) a pathology laboratory, either independent or attached to a healthcare institution; or(c) a blood bank licensed under the law for the time being in force:10 15provided that the central government shall, within three hundred and sixty days of the commencement of this act, formulate and notify regulations for the recognition of voluntary counselling and testing centres and pathology laboratories by the concerned hiv/aids authority which shall provide inter alia the requirements for recognition and the time period within which a decision on recognition shall be taken and existing voluntary counselling and testing centres and pathology laboratories shall, within ninety days of the notification of such regulations apply for such recognition and from the date of such notification only recognised voluntary testing and counselling centres, pathology laboratories and blood banks shall perform hiv tests(4) a person who seeks to voluntarily determine their hiv status and who wishes to remain anonymous shall have the right to do so, and to provide informed consent in writing by using a coded system that does not link their individual identity with the request or result of the hiv test20(5) no person shall market or sell technologies for self-testing of hiv except in accordance with the regulations chapter iv disclosure of information11 every person shall have the right to privacy25right to privacy disclosure of information3012 (1) notwithstanding anything contained in any other law for the time being in force, no person shall be compelled to disclose hiv-related information or any other private information concerning themselves except when a court determines by an order that the disclosure of such information is necessary for the determination of issues and in the interest of justice in a matter before it(2) notwithstanding anything contained in any law for the time being in force, no person shall disclose or be compelled to disclose hiv-related information or any other private information of another person, imparted in confidence or in a relationship of a fiduciary nature, except with the informed consent of that person or a representative of the person as specified in sub-section (2) of section 8:35provided that where the relationship is of a fiduciary nature, informed consent shall be recorded in writing:provided further that all hiv-related information shall be presumed to have been imparted or received in confidence unless otherwise shown40(3) informed consent for disclosure of hiv-related information or private information is not required in case the disclosure is made,—(a) by a healthcare provider to another healthcare provider who is involved in the provision of care, treatment or counselling of a person, when such disclosure is necessary to provide care or treatment in the best interest of that person; or45(b) by an order of a court when it determines by such order that the disclosure of such information is necessary for the determination of issues and in the interest of justice in a matter before it; or(c) in suits or legal proceedings between persons, where the disclosure of such information is necessary in the initiation of such proceedings or for instructing counsel; or(d) in accordance with section 13; or5(e) if it relates to statistical or other information of a person that could notreasonably be expected to lead to the identification of that person; or(f) in accordance with the regulations under section 15(4) any person to whom disclosure is made under this chapter is prohibited from making further disclosure except as provided in this chapter10(5) any person to whom disclosure under clause (e) of sub-section (3) is made shall not use such information to identify the person to whom it pertains or present it in a manner whereby such identification is possiblepartner notification13 a healthcare provider who is a physician or a counsellor, may inform the partner of a person under their direct care of such person's hiv-positive status only when,—15(a) the healthcare provider bona-fide and reasonably believes that the partner isat significant risk of transmission of hiv from such person;(b) the hiv-positive person has been counselled to inform such partner; (c) the healthcare provider is satisfied that the hiv-positive person will notinform such partner;20(d) the healthcare provider has informed the hiv-positive person of the intentionto disclose the hiv-positive status to such partner; and(e) such disclosure to the partner is made in person and with appropriate counselling or referrals for counselling:provided that the healthcare provider shall have no obligation to identify or locate the partner of an hiv-positive person:25provided further that no criminal sanction or civil liability shall arise against a healthcare provider for the disclosure or non-disclosure, as the case may be, of confidential hiv related information to a partner in accordance with section 1330exception: the healthcare provider shall not inform a partner, particularly in thecase of women, where there is a reasonable apprehension that such information may result in violence, abandonment or actions which may have a severe negative effect on the physical or mental health and safety of the hiv positive person, their children or any person who is close to them35duty to prevent transmission14 every person who is hiv-positive, and is aware of such status and, has been counselled in accordance with this act or is aware of the nature of hiv and how it is transmitted, shall take all reasonable measures and precautions to prevent the transmission of hiv to others which may include adopting strategies for the reduction of risk or informing in advance any sexual contact or person with whom needles are shared of that fact40exception: there shall be no duty to prevent transmission, particularly in the case ofwomen, where there is a reasonable apprehension that the measures and precautions may result in violence, abandonment or actions which may have a severe negative effect on the physical or mental health and safety of the hiv-positive person, their children or someone who is close to themdata protection4515 every institution that records or stores hiv-related information of a person shall,within one hundred and eighty days of the commencement of this act, formulate and implement data protection measures in accordance with the regulations, to ensure that such information is protected from disclosureexplanation—data protection measures shall include procedures for protecting information from disclosure, procedures for accessing information, particularly in exceptional circumstances, provision for security systems to protect the information stored in any form and mechanisms to ensure accountability and liability of persons in the institution5prohibition on publication16 no person shall print, publish, broadcast or in any manner release hiv-related information or private information of a person without the informed consent in writing of such person chapter v10 access to testing, treatment and counsellingright to health17 (1) every person shall have the right to enjoy the highest attainable standard of physical and mental health(2) the state shall respect, protect and fulfil the right to the highest attainable standard of physical and mental health of all persons15(3) without prejudice to the generality, of sub-sections (1) and (2), the state shall, based on principles of availability, accessibility and acceptability, provide,—(a) free of cost hiv-related prevention, care and support facilities, goods, measures, services and information, including centres providing voluntary testing and counselling services in every sub-district in accordance with the regulations; and20(b) free of cost treatment for hiv/aids for all personsexplanation—for the purposes of this chapter 'treatment' includes health facilities, goods, measures, services and information for the curative and palliative care of hiv/aids and related opportunistic infections and conditions including,—(i) counselling;25(ii) the effective and monitored use of medicines for opportunisticinfections;(iii) post exposure prophylaxis; (iv) anti-retroviral therapy; (v) nutritional supplements;30(vi) measures for the prevention of mother-to-child transmission; (vii) infant milk substitutes; and(viii) other safe and effective medicines, diagnostics and related technologies35(4) to fulfil its obligations under this chapter, the state shall, inter alia, ensure that continuous and sustainable access to hiv-related prevention and treatment is not hampered or impeded by procedural or other requirements and shall ensure that the process whereby its obligations are fulfilled is transparent and accountable and is evaluated on a regular basis40(5) the appropriate government shall within one hundred and eighty days of the coming into force of this act, ensure the availability of medical infrastructure, including diagnostic technologies, required for the prevention and treatment of hiv/aids within its jurisdictionprotocols for hiv-related treatment18 the national hiv/aids authority shall, within one hundred and eighty days of its constitution and establishment, notify guidelines for hiv/aids related testing and hiv- related treatment that shall be applicable to all persons through a consultative process and ensure the wide dissemination of the same519 the appropriate government shall take effective legislative, administrative and fiscal measures including,—measures to be taken by state(a) ensuring the use of all options to promote access to healthcare includingprovision of travel subsidies for hiv-positive persons to facilitate access to treatment;10(b) the training and capacity building of healthcare providers and public healthauthorities, in consultation with hiv-positive persons and other protected persons, for the provision, prescription and monitoring of hiv-related treatment and prevention;(c) ensuring that all other laws are in consonance with the provisions of thischapter and in particular that the right to health is not in any manner restricted or compromised on account of the protection of intellectual property rights;15(d) introducing tax incentives and exemptions on hiv-related treatment in orderto promote its affordability, accessibility and availability;(e) ensuring that the pricing of medication, diagnostics and related technologiespursuant to any statute, regulation or order is fixed in a manner that is transparent, accountable and open to public scrutiny and that promotes its affordability, accessibility and availability;20(f) ensuring that incentives to encourage investment in research and development are provided to entities, particularly those run by the state to develop, manufacture, market and distribute affordable and accessible preventive, curative and palliative care and treatment25 chapter vi safe working environment20 (1) every person shall have the right to safe working environmentright to safe working environment(2) every institution providing healthcare services and every institution where there is a significant risk of occupational exposure to hiv, shall provide free of cost,—30(a) universal precautions to all persons working or present in such institutionwho may be occupationally exposed to hiv, including employees, interns, attendants and contract workers, and appropriate training for the use of such universal precautions; and35(b) post exposure prophylaxis to all persons working in such institution whomay be occupationally exposed to hiv/aids, including employees, interns, and contact workers, with appropriate counselling services(3) every institution referred to in sub-section (2) comprising twenty or more persons shall provide hiv-related treatment and compensation to persons working in such institution who are occupationally exposed to and acquire hiv40(4) every institution referred to in this chapter, shall within sixty days of the commencement of this act,—(a) ensure that the universal precautions and post exposure prophylaxis protocols in accordance with the regulations are complied with in the institution and inform all persons working in the institution of the details of avilability of universal precautions and post exposure prophylaxis in the institution and shall make special efforts to ensure that lower cadre workers in such institutions are trained in using and can access universal precautions; and(b) where applicable, notify and widely disseminate a treatment and compensation policy in accordance with the regulations specifying the procedure for persons to claim treatment or compensation or both as provided in sub-section (3) including the medical records, tests and incident reports required to make the claim:5provided that such policy shall not specify mandatory hiv testing including pre employment testing as a requirement for claiming treatment or compensation:provided further that any person claiming occupational exposure to hiv, in an institution that does not comply with sub-section (4)(a) and (b), shall be presumed to have been occupationally exposed to hiv and shall be entitled to treatment and compensation without any requirement of further proof10(5) every healthcare provider and every other person who may be occupationally exposed to or may occupationally transmit hiv shall use universal precautions in accordance with the regulations in the course of their work15(6) every healthcare provider and every institution providing healthcare services shall ensure basic cleanliness and hygiene and the implementation of infection control measures in accordance with the regulations and any other law for the time being in force(7) the national hiv/aids authority shall within ninety days of its constitution and establishment notify protocol for universal precautions and post exposure prophylaxis that shall be applicable to all persons chapter vii20 promotion of strategies for reduction of risk21 (1) notwithstanding anything contained in any law for the time being in force,—strategies for reduction of risk(a) the implementation or use of any strategy for reducing the risk of hivtransmission; or25(b) the provision or possession of any tool or paraphernalia for reduction of risk of hiv transmission, or any act pursuant thereto, shall not, in any manner, be prohibited, impeded, restricted or prevented and shall not amount to a criminal offence or attract civil liability30explanation—strategies for reducing risk of hiv transmission means promoting actions or practices that minimise a person's risk of exposure to hiv or mitigate the adverse impacts related to hiv/aids including,—(i) the provision of information, education and counselling services relating to hiv prevention and safe practices;35(ii) the provision and use of safer sex tools, including condoms, lubricants, female-controlled barrier methods, and safety drug use paraphernalia, including clean needles, syringes, bleach and other appropriate sterilising equipment accompanied by information on their use;(iii) drug substitution, drug maintenance and needle and syringe exchange programmes in accordance with sub-section 2; and40(iv) the provision of any strategy for reducing risk of hiv transmissionincluding those contained in sub-sections (i), (ii) and (iii) above to personbelow the age of eighteen years who in the opinion of the provider of strategies for reducing risk of hiv transmission have the capacity to consent to such strategy illustrations45(a) a, supplies condoms to b, a sex worker or to c, a client of b neither a, nor b, nor c can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the strategy(b) m, an intervention project on hiv/aids and sexual health information, education and counselling for men who have sex with men provides safer sex information, material and condoms to n, a man who has sex with other men neither m nor n can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the interventions510(c) x, an intervention providing registered needle exchange programme services to injecting drug users, supplies a clean needle to y, an injecting drug user who exchanges the same for a used needle neither x nor y can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the intervention15(d) r, an intervention programme for children living on the streets and k, a counsellor in a school, provide sexual health and safer sex information, education and counselling, material and small-sized condoms to s, a child living on the street and l, a student in school, respectively neither r, s, k nor l can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the intervention (2) no person shall implement a drug substitution or drug maintenance or needle and syringe exchange programme unless such programme is implemented in accordance with the regulations20(3) any information obtained or maintained in records by a person implementing a drug substitution or drug maintenance or needle and syringe exchange programme or any other strategy for the reduction of risk of hiv transmission shall be considered to be private information for the purpose of chapter iv of this act25(4) (a) no public servant, including a law enforcement official shall arrest or detain, or in any manner harass, impede, restrict or otherwise prevent any person implementing or using strategies for reduction of risk of hiv transmission in accordance with the provisions of this act30(b) a public servant who violates the provisions of clause (a) of sub-section (4) shall be subject to misconduct proceedings under the relevant act including the relevant police act and the report of such misconduct shall form part of the confidential records of such public servant chapter viii social security35social security scheme22 (1) the appropriate government shall, by notification within three hundred and sixty days of the commencement of this act, formulate, frame and implement health insurance and social security schemes including inter alia,—(a) schemes that address hiv/aids and related illnesses and mitigate the social and economic impact of hiv/aids and related illnesses;40(b) schemes that cover hiv-positive persons, other protected persons, women,children, healthcare providers and older persons;(c) a scheme that provides for access to shelter, food, education and treatmentfor children affected by hiv/aids;(d) a scheme that provides cash for hiv-positive women with children; and45(e) a contributory insurance scheme between the appropriate government, healthcare institutions and healthcare providers chapter ix information, education and communicationright to information23 (1) every person shall have the right to information and education relating tohealth and the protection of health from the state5(2) no person shall be denied access to and availability of hiv/aids-related iec,including information relating to sexual health, sexuality and safe drug use, by the state:10provided that where the person is below the age of twelve years and, in the opinion of the provider of information, is incapable of understanding and appreciating the nature of the hiv/aids-related iec, the provider may, in the best interests of the person, require the presence of a person above the age of sixteen years of the person's choice before providing such informationduty of state to promote hiv/aids- related iec24 (1) the state, based on evidence or scientific information, and in a manner that does not promote gender and sexual stereotypes and is age-appropriate, gender-sensitive, non-stigmatising, non-discriminatory and promotes gender equality, shall in accordance with sub-section (3),—15(a) formulate, institute and implement sustained multi-lingual, easilyunderstood, and regularly updated national, state and local hiv/aids-related iec programmes, which are accessible and available to all persons;(b) develop and conduct a multi-lingual national programme of public educationand information to promote an understanding and acceptance of this act; and20(c) ensure community mobilisation and participation, in the provision of hiv/aids-related iec at all levels throughout the country (2) without prejudice to the generality of sub-section (1), the state shall ensure,—25(a) that women of all ages shall have access to accurate and comprehensivehiv/aids-related iec focussing on their needs;(b) that every person below the age of eighteen years has access to adequate andaccurate hiv/aids-related iec including sexual health information and education;(c) that hiv/aids-related iec is designed and developed for and readilyaccessible to and usable by all persons with disabilities;(d) that in relation to education,30(i) a continuing hiv/aids-related iec programme is implemented in allformal and non-formal educational settings for all learners, students, educators and other staff members;35(ii) age-appropriate hiv/aids-related iec forms part of, and is integratedinto, all aspects of the curriculum for all learners and students, including information on hiv/aids, stigma and discrimination related to hiv/aids, modes of transmission, prevention, care, support and treatment available for hiv;40(iii) all boards of education, authorities of education and all personsresponsible for setting curricula shall, for the academic year following the commencement of this act, formulate and institute curriculum, for hiv/aids education including in all curricula related to medical, health, state service, legal, teaching and social work education, for the following academic year;(iv) the proper and ongoing training of all educators in relation to hiv/aids-related iec and its dissemination takes place;45(e) that all persons in institutions not covered under chapter xii receive minimum information and instruction of hiv/aids, particularly relating to discrimination and disclosure of information in the workplace and shall take proactive steps to impart hiv/aids-related iec to such persons;5(f) that the armed forces, paramilitary forces, law enforcement and drugenforcement agencies provide all personnel with hiv/aids-related iec particularly in relation to prevention, discrimination and disclosure of information;10(g) that every hiv/aids-related prophylactic including condoms offered forsale, sold or supplied in any other manner to any person shall be accompanied by information, including pictorial representations and literature on the proper use of the prophylactic device or agent, it's efficiency against hiv and sexually transmitted infections, and the importance of adopting safer sexual practices, in english and the local language of the region where the prophylactic is supplied;15(h) that hiv/aids-related iec is adeqautely provided at places of entertainmentand travel points including train stations, bus stations, international ports of entry and exit, domestic airports, and other travel centres;(i) that hiv/aids-related iec is provided in all state institutions, including incare and custodial settings; and(j) that all hiv/aids-related iec is widely disseminated through all forms ofmedia including print, electronic, mass and digital media20(3) for the purposes of this section, the state shall hold ongoing and sustained consultations with different stakeholders including hiv-positive persons, protected persons, women's groups, persons working in the field of hiv/aids, public health experts, children's groups, and parents and guardians of learners2525 (1) hiv/aids related information dissemination shall form part of the delivery ofhealth services by healthcare providershiv/aids information as a health service(2) it shall be the duty of every healthcare provider to make available to the public, subject to the provisions of this act, such information as is necessary in the prevention, care, support and treatment of hiv/aids30(3) every healthcare institution shall enhance the knowledge and capacity of allhealthcare providers working in or employed by it, to include skills for proper information dissemination and education on hiv/aids and the training of healthcare providers shall include discussions on hiv-related issues such as discrimination, confidentiality, informed consent and the duty to provide treatment chapter x35 appointment of health ombud26 (1) the appropriate government shall, within ninety days of the commencement of this act, appoint by notification in the official gazette, one or more health ombuds for each district to exercise the powers conferred upon and perform the functions assigned, under this act40(2) the appropriate government may appoint as health ombud, any person who has working experience or extensive knowledge of public health or healthcare delivery systems, is independent, and sensitive to issues addressed in this act, including a healthcare provider or a person working in a non-governmental organisation(3) a person appointed as health ombud under sub-section (1) shall,—45(a) when appointed for a union territory, be conferred the rank of the joint director of health and family welfare; and(b) when appointed for a district of the state, be conferred the rank of the officer responsible for health for such district (4) the health ombud shall within seven days of being appointed, undergo training on hiv/aids and this act in accordance with the regulations5(5) the appropriate government shall within thirty days of the commencement of this act launch a website or web page on the internet dedicated to the offices of each health ombud appointed by it, which shall provide inter alia information relating to the functioning of the office of the health ombud, the procedure for filing and sending complaints, the number, nature of complaints received, and decisions and directions given by the health ombud:10provided that the provision of the information on the website shall ensure the maintenance of the confidentiality of complainants and other parties to the complaints27 (1) the health ombud shall hold office for a term of three years from the date on which such person enters office and shall be eligible for reappointmenttenure of office of health ombud15(2) the health ombud may relinquish office by giving written notice of not less thanthree months to the appropriate government(3) the appropriate government may remove a health ombud from office who:—(a) is, or at any time has been, adjudged as insolvent; (b) has become physically or mentally incapable of acting as the health ombud;20(c) has been convicted of any offence or has acquired such financial or other interest which is in the opinion of the appropriate government likely to prejudicially affect such person's functions as the health ombud; or(d) has so abused the position as to render continuation in office detrimental to the public interest:25provided that a health ombud shall not be removed from office without beinggiven a reasonable opportunity of being heard in the matter 28 the salary and allowances payable to, and other terms and conditions of service of, the health ombud shall be such as may be prescribed:salary and allowances of health ombudprovided that such salary, allowances and other conditions of service shall not bevaried to the disadvantage of the health ombud after appointment30functions of health ombud29 (1) the health ombud, may suo motu and shall, on a complaint by any person,inquire, at the request of the appropriate government or its agencies or order of any court, into violations of the provisions of this act by any person in relation to the provision of healthcare services in such health ombud's jurisdiction35(2) the health ombud shall inquire into and decide a complaint promptly and in anycase within fifteen working days:provided that in cases of emergency, the health ombud shall decide the complaint within one day:40provided further that in case the complaint is not decided within the time period specified above, the proceedings before the health ombud shall not lapse and the health ombud shall record in writing reasons for the delay and provide copies of the same to both parties45(3) the health ombud shall inquire into instances or complaints of the manufacture, marketing, distribution, provision, prescription and sale of any licensed or unlicensed substance, service or therapy, or any advertisement or article or any broadcast or telecast falsely claiming to cure, prevent or alleviate medical conditions associated with hiv/aidsand based on such inquiry may file a complaint with the concerned aurhority including law enforcement authorities or initiate legal proceedings, and shall report the findings of the inquiry, along with recommendations, if any, with the appropriate government and the concerned authority, if any, for actionpowers and procedure30 (1) the health ombud shall follow such procedure as may be prescribed:5provided that all stages of such procedure shall be readily accessible to and usable by all persons including persons with disabilities and illiterate persons(2) the health ombud may receive complaints via post, telephonically or via the internet or in any other manner as may be prescribed10(3) the health ombud may decide the complaint based on representations of theparties to the complaint or may require a hearing of the parties to the complaint5 of 1908(4) the health ombud shall, while inquiring into complaints under this act, have allthe powers of a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:—15(a) summoning and enforcing the attendance of witnesses and examining themon oath;(b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; and20(f) any other matter, which may be prescribed45 of 186025(5) the health ombud shall have the power to require any person, to furnish information on such points or matters as, in the opinion of the health ombud, may be useful for, or relevant to, the subject matter of an inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of sections 176 and 177 of the indian penal code, 1860301 of 1974(6) the health ombud or any other officer, not below the rank of a gazetted officer, specially authorised in this behalf by the health ombud may enter any building or place where the health ombud has reason to believe that any document relating to the subject matter of an inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the code of criminal procedure, 1973, in so far as it may be applicable(7) the health ombud shall maintain records in such manner as may be prescribed45 of 1860(8) the health ombud shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, 186035(9) the health ombud may appoint such number of persons as may be necessary to assist in the functioning of the health ombud office including in relation to the inquiry of a complaint under sub-sections (1) and (3) of section 29(10) the central government shall prescribe rules for the purposes of this chapter within sixty days of the commencement of the act40findings and orders31 (1) the health ombud shall, in order to rectify the breach or withdraw the violation complained of under this act, have the power to—45(a) pass orders, in cases of emergency without considering the representationsof the parties to the complaints or without hearing them as the case may be, including directing admissions, operations or treatment and the provision of universal precautions:provided that the health ombud shall, as soon as may be, after the passing of such orders, consider the representations of the parties or give them an opportunity to be heard as the case may be, and pass appropriate orders;5(b) pass orders for the withdrawal and rectification of the violation complained of;(c) pass orders directing the person who has committed the violation to undergo a fixed period of counselling related to the violation committed and a fixed period of social service;(d) direct specific steps or special measures or both to be taken; and10(e) direct any person who has committed the violation to make regular reports tothe health ombud regarding implementation of the health ombud's order(2) the health ombud shall pass orders that contain brief reasons for the passing of such orders(3) the health ombud, may, subject to any rules made in this behalf, make such orders he may consider reasonable15(4) an order of the health ombud shall be binding on the parties to the complaint 32 all authorities including civil authorities functioning within the jurisdiction of the health ombud shall be bound by the orders of the health ombud and shall assist in their execution205 of 1908 5 of 190833 (1) all orders passed by the health ombud under section 31 shall be deemed to be orders under order 39 rule 1 of the code of civil procedure, 1908 and the breach of such an order shall be dealt with by applications to the health ombud which shall be treated as an application under order 39 rule 2a of the code of civil procedure, 1908civil authorities to carry out health ombud orders consequences of breach of health ombud orders(2) for the purposes of this chapter ''court'' in order 39 of the code of civil procedure, 1908 shall include the health ombud| 25 | 5 of 1908 ||----------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| report to | || government | || 34 | the health ombud shall, every six months, report to the appropriate government, || the number and nature of complaints received, the action taken and orders passed in relation | || to such complaints and a copy of such report shall be forwarded to the national hiv/aids | || authority and the concerned hiv/aids authority | || 30 | || right of | || redressal | || 35 | nothing contained in this chapter prohibits, limits or otherwise restricts the right || of a person to other remedies provided under this act or any other law for the time being in | || force to address violations of the provisions of this act | | chapter xi hiv/aids authority35constitution of hiv/aids authorities36 (1) the central government shall for the whole country, on the appointed date,constitute and establish, in accordance with the provisions of this act, a body to be known as the national hiv/aids authority to exercise the powers conferred upon and perform the functions assigned to it, under this act40(2) the appropriate government for each union territory and for each state, shall, on the commencement of this act, constitute and establish, in accordance with the provisions of this act, a state or union territory hiv/aids authority as the case may be, under such name as may be specified in the notification to exercise the powers conferred upon, and perform the functions assigned to it, under this act(3) the appropriate government for each district in a union territory and the state government for each district in a state shall where a district aids control society exists,45and may for other districts, constitute and establish, in accordance with the provisions of this act a body to be known as the district hiv/aids authority under such name as may be specified in the notification, to exercise the powers conferred upon and perform the functions assigned to it, under this act5explanation—for the purposes of this chapter, the appointed date shall be suchdate, being a date not later than six months of the commencement of this act, as the appropriate government may by notification appoint for the constitution and establishment of the concerned hiv/aids authority10hiv/aids authority to be body corporate37 the hiv/aids authority shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose off property and to contract, and may, by the aforesaid name, sue or be sued38 (1) the head office of the national hiv/aids authority shall be at delhi and the national hiv/aids authority may establish offices at such other places in indiaoffice of hiv/aids authority15(2) the head office of state, union territory and district hiv/aids authorities shallbe at the state capital, union territory capital and district headquarters respectively and such hiv/aids authorities may establish offices at other places in their jurisdiction as may be deemed necessary39 (1) the national hiv/aids authority shall comprise—composition of hiv/aids authorities20(a) a full-time director, being a person with special knowledge or practical experience in matters relating to hiv/aids, to be nominated by the nomination committee concerned;(b) five full-time members to be nominated by the central government;25(c) one person each from the northern, southern, eastern, western and north-eastern state and union territory hiv/aids authorities to be nominated by the central government on an annual rotating basis;(d) a full-time member being an hiv-positive person to be nominated by thenomination committee concerned;30(e) five persons to be nominated by the central government in accordance withsection 42, to represent hiv-positive persons, other protected persons, healthcare providers, women, non-governmental organisations working in the field of hiv/aids or any other interest which, in the opinion of the central government, ought to be represented;35(f) a full-time member-hiv/aids expert, being a person having specialknowledge or practical experience in respect of matters relating to public health, human rights and hiv/aids, nominated by the central government in accordance with section 42;(g) a full-time member-secretary, possessing qualifications, knowledge andexperience of various aspects of hiv/aids, to be made available by the central government40 45explanation—for the purposes of this sub-section, northern states are jammu and kashmir, punjab, haryana, chandigarh, delhi, rajasthan, uttar pradesh, uttarakhand and himachal pradesh, western states are maharashtra, gujarat, madhya pradesh, daman and diu, lakshadweep and dadra and nagar haveli, eastern states are west bengal, orissa, bihar, chhattisgarh, jharkhand, sikkim and andaman and nicobar islands, southern states are karnataka, goa, tamil nadu, kerala, pondicherry and andhra pradesh and north-eastern states are manipur, assam, meghalaya, mizoram, nagaland, tripura and arunachal pradesh(2) a state or union territory hiv/aids authority shall comprise —(a) a full-time director, being a person having special knowledge or practical experience in respect of matters relating to hiv/aids or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the concerned state or union territory nomination committee;5(b) five full-time members to be nominated by the appropriate government; (c) five members, to be nominated by the appropriate government from amongst members of local authorities functioning within the state or union territory, as the case may be;10(d) a full-time member being an hiv-positive person to be nominated by the concerned nomination committee;15(e) five persons to be nominated by the appropriate government in accordance with section 42, to represent hiv-positive persons, other protected persons, healthcare providers, women, non-governmental organisations working in the field of hiv/aids or any other interest which, in the opinion of the appropriate government, ought to be represented;(f) a full-time member-hiv/aids expert, being a person having special knowledge or practical experience in respect of matters relating to public health, human rights and hiv to be nominated by the appropriate government in accordance with section 42;20(g) a full-time member-secretary, possessing qualifications, knowledge and experience of various aspects of hiv/aids, to be made available by the appropriate government (3) a district hiv/aids authority shall comprise—25(a) a full-time director, being a person having special knowledge or practical experience in respect of matters relating to hiv/aids or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the nomination committee concerned;(b) three full-time members to be nominated by the appropriate government;30(c) two members, to be nominated by the appropriate government from amongst the members of local authorities functioning within the district;(d) a full-time member being an hiv-positive person to be nominated by the concerned nomination committee;35(e) three persons to be nominated by the appropriate government in accordance with section 42, to represent hiv-positive persons, other protected persons, healthcare providers, women, non-governmental organisations working in the field of hiv/aids in that district or any other interest which, in the opinion of the appropriate government, ought to be represented;40(f) a full-time member-hiv/aids expert, being a person having special knowledge or practical experience in respect of matters relating to public health, human rights and hiv to be nominated by the appropriate government in accordance with section 42;45(g) a full-time member-secretary, possessing qualifications, knowledge and experience of various aspects of hiv/aids, to be made available by the appropriate governmentnomination committee40 (1) the central, state and union territory nomination committees shall, on the appointed date, and subsequently to fill vacancies in the concerned hiv/aids authority, meet to consider, determine and nominate such persons, as they are required, under section 39, to appoint(2) the central nomination committee shall comprise the prime minister, the minister for health and family welfare, the leaders of the opposition in the house of the people and the council of states, the chairperson of the national human rights commission and an hiv-positive person appointed by the central government in accordance with section 42510(3) the state nomination committee shall comprise the chief minister, the minister incharge of health in the state, the leaders of the opposition in the state legislative assembly and state legislative council, in cases where both houses exist, the chairperson of the state human rights commission or where no state human rights commission exists, an expert in public health, hiv/aids or human rights as appointed by the state government in accordance with section 42 and an hiv-positive person appointed by the state government in accordance with section 4215(4) (a) the union territory nomination committee shall, where the union territory has its own legislature, comprise the chief minister, the minister in charge of health in the union territory, the leaders of the opposition in the union territory legislative assembly an expert in public health, hiv/aids or human rights as appointed by the union territory government in accordance with section 42 and an hiv-positive person appointed by the union territory government in accordance with section 42(b) the union territory nomination committee shall, where the union territory has no legislature, be represented by the central nomination committee under sub-section (2)20(5) no appointment by a nomination committee shall be invalid merely by reason ofany vacancy in such nomination committeeadvisory committee41 (1) the national hiv/aids authority shall be advised by an advisory committee on matters relating to the enforcement of this act, the protection and promotion of rights of protected person, the care, support and treatment of persons living with hiv/aids and the prevention and control of hiv/aids25(2) the advisory committee shall comprise:—(a) the central nomination committee; and (b) the following persons to be appointed by the central government for a period of two years with eligibility for re-appointment in accordance with section 42,—30(i) two representatives from non-governmental organisations working inthe fields of hiv/aids or public health;(ii) a representative of the indian council of medical research; (iii) a representative of healthcare providers; (iv) a representative of hiv-positive persons;35(v) a representative of protected persons; (vi) a representative of women; (vii) a representative of children;(viii) a human rights activist; (ix) an epidemiologist; and (x) a public health expert40(3) the advisory committee shall meet once a year542 (1) for any appointment to be made by an appropriate government under sections39, 40 and 41, such appropriate government shall, in the case of a member being appointed upon the constitution of an hiv/aids authority or a nomination committee or the advisory committee and subsequently on the completion of tenure by a member, thirty days prior to the date upon which a member is to be appointed, call for nominations from all persons for the post through widespread advertisements including through national and local newspapers and the internetappointments to hiv/aids authority and nomination committee by appropriate government10(2) in cases where the need for appointing a member arises due to factors other than the constitution of an hiv/aids authority or a nomination committee or the advisory committee or the completion of tenure, the appropriate government shall commence the process of appointment as specified in sub section (1) immediately upon such vacancy arising and shall make the final decision as to appointment within thirty days15(3) in the appointment of any member of an hiv/aids authority, a nomination committee or the advisory committee, the appropriate government shall take into consideration the track record of the persons nominated for the post in the field of hiv/aids and health and their experience in their respective fields(4) the appropriate government shall make the process of any appointment public immediately upon the person's appointment, including through the internet, and in publicising such appointment shall include the name of the person appointed, their track record and experience and any other factors that were relevant in the appointment2043 (1) the director and every other member of an hiv/aids authority shall hold office for a term of five years from the date on which such person enters office and shall be eligible for reappointmenttenure of office of director and other members(2) a member may relinquish office by giving written notice to the appropriate government of not less than three months25(3) the appropriate government may remove from office any member who—(a) is, or at any time has been, adjudged as insolvent; (b) has become physically or mentally incapable of acting as a member of the hiv/aids authority;30(c) has been convicted of any offence or has acquired such financial or other interest which is in the opinion of the appropriate government likely to affect prejudicially such person's functions as a member of the hiv/aids authority; or(d) has so abused the position as to render continuation in office detrimental to the public interest: provided that a member shall not be removed from office without being given a reasonable opportunity of being heard in the matter35 44 the salary and allowances payable to, and other terms and conditions of service of, the director and members shall be such as may be prescribed:salary and allowances of director and membersprovided that such salary, allowances and other conditions of service shall not be varied to the disadvantage of the members after appointment40meetings ofthe hiv/aids authority45 (1) the hiv/aids authority shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed(2) the director shall preside at the meetings of the hiv/aids authority45(3) if for any reason the director is unable to attend any meeting of the hiv/aidsauthority, any member of the hiv/aids authority chosen by the members present shall preside at the meeting(4) all questions which come before any meeting of the hiv/aids authority shall be decided by a majority of votes of the members of the hiv/aids authority present and voting and in the event of equality of votes, the director of the hiv/aids authority or the person presiding at the meeting shall have, and exercise, a second or casting vote5(5) every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at a meeting shall disclose the nature of such concern or interest, pecuniary or otherwise, and after such disclosure, such member shall not attend that item of the meeting(6) no act or proceeding of the hiv/aids authority shall be invalid merely by reason of,—(a) any vacancy in, or defect in the constitution of, the hiv/aids authority; or10(b) any defect in the appointment of a person acting as the director or a memberof the hiv/aids authority; or(c) any irregularity in the procedure of the hiv/aids authority not affecting themerits of the act or proceedingcommittees46 (1) an hiv/aids authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act15(2) persons appointed as members of a committee under sub-section (1) shall be entitled to receive such allowances or fees for attending the meetings of the committee as may be prescribed20officers and other employees of the hiv/ aids authority47 subject to such control and restriction as may be prescribed, the hiv/aidsauthority may appoint such officers and other employees as may be necessary for the efficient performance of its functions and the method of appointment, the salary and allowances and other conditions of service of such other officers and employees of the hiv/ aids authority shall be such as may be prescribed48 the director shall be the chief executive of the hiv/aids authority and shall exercise such powers and perform such duties as may be prescribed25director to be chief executive transfer of undertakings, etc49 (1) on the appointed date, the undertakings in relation to the national aidscontrol organisation, a state aids control society and where a district aids control society exists, of that district aids control society, shall stand transferred to the national hiv/aids authority, the concerned state hiv/aids authority or the concerned district hiv/aids authority, as the case may be30 35 4045(2) the undertaking of the national aids control organisation, the concerned state aids control society or the concerned district aids control society, which is transferred to, and which vests in the national hiv/aids authority, the state hiv/aids authority or the district hiv/aids authority as the case may be, shall be deemed to include all assets, rights, powers, authorities and privileges and all properties, movable and immovable, real or personal, corporeal or incorporeal, in possession or reservation, present or contingent, of whatever nature and wheresoever situate, including lands, works, cash balances, capital reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed date in the ownership, possession or power of the national aids control organisation, the concerned state aids control society or the concerned district aids control society as the case may be, in relation to its undertakings, whether within or outside india, all books of account and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the national aids control organisation or the concerned state aids control society or concerned district aids control society, as the case may be, in relation to its undertakings(3) all contracts and working arrangements subsisting immediately before the appointed date and affecting the national aids control organisation, the state aids control society or the district aids control society, as the case may be, shall, in so far as they5relate to their undertakings, cease to have effect or to be enforceable against the national aids control organisation, the state aids control society or the district aids control society, as the case may be, and shall be of as full force and effect against or in favour of the hiv/aids authority in which the undertaking has vested by virtue of this act and enforceable as fully and effectually as if instead of the national aids control organisation or the state aids control society or the district aids control society as the case may be, the concerned hiv/aids authority had been named therein or had been a party thereto10 15(4) any proceeding or cause of action pending or existing immediately before the appointed date by or against or in relation to the national aids control organisation or the state aids control society or the district aids control society, as the case may be, in relation to its undertaking may, as from that day, be continued and enforced by or against the hiv/aids authority in which it has vested by virtue of this act, as it might have been enforced by or against the national aids control organisation or the state aids control society or the district aids control society, as the case may be, if this act had not been passed, and shall cease to be enforceable by or against the national aids control organisation or the state aids control society or the district aids control society, as the case may be20(5) with effect from the appointed date, all licenses, permits, quotas and exemptions granted to the national aids control organisation or the state aids control society or the district aids control society as the case may be, or in connection with the affairs and business of the national aids control organisation or the state aids control society or the district aids control society, as the case may be, under any law for the time being in force, shall be deemed to have been granted to the hiv/aids authority in which the undertaking of the national aids control organisation or the state aids control society or the district aids control society, as the case may be, has vested2543 of 196130(6) where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward, as the case may be, of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to or in relation to the national aids control organisation or the state aids control society or the district aids control society, as the case may be, under the income tax act, 1961, such exemption, assessment or benefit shall continue to have effect in relation to the hiv/aids authority in which the undertaking of the national aidscontrol organisation or the state aids control society or the district aids control society, as the case may be, has vested3543 of 196140(7) where any payment made by the national aids control organisation or the state aids control society or the district aids control society, as the case may be, is exempted from deduction of the tax at source under any provision of the income tax act, 1961, the exemption from tax will continue to be available as if the provisions of the said act made applicable to the national aids control organisation or the state aids control society or the district aids control society, as the case may be, were operative in relation to the hiv/ aids authority in which the undertaking of the natioal aids control organisation or the state aids control society or the district aids control society, as the case may be, has been vested43 of 1961(8) the transfer and vesting of the undertaking or any part thereof in terms of this section shall not be construed as a transfer within the meaning of the income tax act, 1961 for the purposes of capital gains4545(9) any guarantee given for or in favour of or in relation to the national aids control organisation or state aids control society or district aids control society, as the case may be, with respect to any loan or lease finance shall continue to be operative in relation to the hiv/aids authority in which the undertaking of the national aids control organisation or the state aids control society or the district aids control society, as the case may be, has vested by virtue of this act510 15(10) every officer or other employee of the national aids control organisation or the state aids control society or the district aids control society, except the director, or the national aids control organisation or the state aids control society or the district aids control society, as the case may be, serving in its employment immediately before the appointed date shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the hiv/aids authority by virtue of this act become, as from the appointed date an officer or other employee, as the case may be, of such hiv/aids authority in which the undertaking has vested and shall hold office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as such officer would have held under the national aids control organisation or the state aids control society or the district aids control society, as the case may be, if its undertaking had not vested in the hiv/aids authority and shall continue to do so as an officer or other employee, as the case may be, of the hiv/aids authority or until the expiry of a period of six months from the appointed date if such officer or other employee does not opt to be the officer or other employee of the hiv/aids authority, within such period20(11) where an officer or other employee of the national aids control organisation or the state aids control society or the district aids control society, as the case may be, opts under sub-section (10) not to be in the employment or service of the concerned hiv/aids authority in which the undertaking of the national aids control organisation or the state aids control society or the district aids control society, as the case may be, has vested, such officer or other employee shall continue in the employment of the appropriate government2514 of 194730(12) notwithstanding anything contained in the industrial disputes act, 1947 or inany other law for the time being in force, the transfer of the services of any officer or other employee of the national aids control organisation or the state aids control society or the district aids control society, as the case may be, to an hiv/aids authority shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court or other authority35(13) the officers and other employees who have retired before the appointed date fromthe service of the national aids control organisation or the state aids control society or the district aids control society, as the case may be, and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the hiv/aids authority in which the undertaking of the national aids control organisation or the state aids control society has vested40 45(14) the trusts of the provident fund or group insurance and superannuation schemeof the national aids control organisation or the state aids control society or the district aids control society, as the case may be, and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the hiv/aids authority as was being done prior to the appointed date in the national aids control organisation or the state aids control society or the district aids control society, as the case may be, and tax exemptions granted to such schemes shall continue to be applied to the concerned hiv/aids authority50 (1) it shall be the function of the hiv/aids authority to:—(a) prevent and control the spread of hiv;functions of the hiv/ aids authority(b) promote and protect the rights of protected persons;50(c) provide care, support and treatment to hiv-positive persons and thoseaffected by hiv/aids;(d) reduce the vulnerability of individuals and communities to hiv/aids; (e) promote awareness, information and education about hiv/aids; and5(f) alleviate the socio-economic and human impact of hiv/aids; in india or the state or the union territory or the district, as the case may be, and to co-ordinate any such programmes undertaken by any other persons or authorities on behalf of the appropriate government as may be necessary (2) the hiv/aids authority may, for the purpose of discharging its duties or performing its functions under this act enter into any memorandum or arrangement with any agency of any foreign country or any international organisation10(3) in particular, and without prejudice to the generality of the sub-section (1), the national hiv/aids authority for the whole or any part of india a state hiv/aids authority for the whole or any part of the state, a union territory hiv/aids authority for the whole or any part of the union territory, and a district hiv/aids authority for the whole or any part of the district, shall—15(a) institute and implement hiv-related programmes including such programmes as are specified in schedule ii and plan and organise the training of persons, engaged or to be engaged, in hiv-related programmes and strengthen programme management capabilities of the appropriate government, municipal corporations, panchayat institutions and non-governmental organisations participating in hiv-related programmes;20 25(b) inquire, suo motu, on the request of the appropriate government or its agencies or any court or in the case of a state or union territory hiv/aids authority on the direction of the national hiv/aids authority or in the case of a district hiv/ aids authority on the direction of the national, state or union territory hiv/aids authority or on a petition presented to it by any person, into complaints or instances of violation of the provisions of this act or negligence in the prevention of such violation, by any person, wholly or partly in its jurisdiction, and shall submit the report of such inquiry to the appropriate government with recommendations as to steps to be taken to remedy the violation and may institute legal proceedings as provided in sub-section (c);30(c) institute, or assist complainants in instituting, or intervene in legal proceedings, involving any allegation of violation of the provisions of this act in any court or challenge any order of a court where the hiv/aids authority is a party or conduct investigations and make recommendations as directed by the court;35(d) maintain, publish and widely disseminate a list of hiv-related servicesincluding care, support and treatment centres and homes, healthcare providers and healthcare institutions providing care and treatment for hiv/aids, help lines, testing facilities and legal assistance;40(e) advise and report to the appropriate government, suo motu or when requestedby it, on any matters concerning hiv/aids or arising in course of the performance of the hiv/aids authority's functions, in particular related to persons below the age of eighteen years and protected persons, including,—45(i) a review of existing and proposed international and national laws andpolicies and recommendations on the effective implementation or amendment of the same;56 of 2000(ii) a review of laws and policies affecting persons below the age ofeighteen years and children affected by hiv/aids including the juvenile justice (care and protection) act, 2000 and rules related to foster care and adoption;(iii) recommendations on the need for new laws and policies;(iv) a review of the factors that inhibit the enjoyment of rights of persons;and(v) recommendations for instituting programmes for sensitisation of lawenforcement on matters related to this act5(f) assess and recommend the strengthening of national, state or local healthcaresystems, as the case may be, including related to the improvement of access to healthcare, the primary healthcare system, integrating hiv/aids within existing health programmes, improving health education and recommending and assisting in the formulation and implementation of action plans by the appropriate government to ensure the proper provision of healthcare through public healthcare institutions;10(g) promote, commission and finance research in relation to hiv/aids andmaintain and update a database of all hiv/aids related research being conducted in its jurisdiction;(h) carry out hiv/aids surveillance in accordance with the regulations;15(i) initiate and ensure ongoing interaction with international agencies and othercountries to ensure that governmental responses to the hiv/aids epidemic will continue to make the best use of assistance, information and knowledge available from the international community;20(j) encourage the efforts of non-governmental organisations and institutionsworking in the field of hiv/aids, human rights and public health including through the provision of material and human resources and allocation of sufficient funding to support, sustain and enhance their capacity and services;(k) promote the understanding, acceptance and public discussion of rights ofprotected persons and of the provisions of this act;25(l) formulate three-year action plans for the carrying out of functions under thisact in consultation with different stakeholders including hiv-positive persons, protected persons, non-governmental organisations and healthcare providers; and(m) do anything incidental or conducive to the performance of any of the preceding functions or for the purposes of this act 51 in addition to the functions set out in section 50, the national hiv/aids authority shall,—30additional functions of national hiv/aids authority(a) formulate and implement a national hiv/aids policy which shall bereviewed, and amended if necessary, every three years after widespread consultation;(b) establish a committee to examine the impact of hiv/aids on women, which shall inter alia—(i) undertake a review of all laws, in particular personal laws;35(ii) determine the manner in, and extent to which such laws discriminateagainst women;(iii) recommend the reform and repeal of such laws to the appropriategovernment;40(iv) examine the role of women at home and in public life, their sexual,reproductive and economic rights, including their ability to negotiate safer sex and make reproductive choices;(v) examine strategies to increase educational and economic opportunitiesfor women, sensitise service deliverers on issues related to women, improve healthcare and social support services for women; and(vi) examine the impact of religious and cultural traditions on women(c) in relation to state, union territory and district hiv/aids authorities—(i) supervise their functioning; (ii) provide technical assistance and guidance to carry out and sponsorinvestigations and research relating to hiv/aids;(iii) co-ordinate their activities and resolve disputes among them; and5(iv) make budgetary allocations and monitor their use of funds andresources(d) formulate, circulate and implement a model national hiv/aids policy for the care, support and protection of children affected by hiv/aids in educational institutions;10(e) formulate, modify and publish guidelines, policies or standards including in relation to,—(i) programmes specified in schedule ii; (ii) hiv/aids surveillance and counselling;15(iii) establishment of voluntary counselling and testing centres; (iv) registration and support of non-governmental organisations, thedisbursement of monies for this purpose while ensuring that such non-governmental organisations adopt and follow good practices and ethical guidelines in the running and management of their affairs; and20(v) the avoidance of acts or practices that violate or breach the provisions of this act52 in addition to the functions set out in section 50, state and union territory hiv/aids authorities shall within their jurisdictions—25(a) translate the national hiv/aids policy and other guidelines issued by the national hiv/aids authority into local and regional languages, ensure their widespread dissemination and monitor their implementation;additional functions of state and union territory hiv/aids authority(b) report to the national hiv/aids authority; (c) in relation to district hiv/aids authorities where such authorities exist—(i) supervise their functioning; (ii) co-ordinate their activities and resolve disputes among them; and30(iii) delegate such of their functions at the district level as they see fit;(d) establish hiv/aids helplines in partnership with ngos, networks of hiv-positive persons or other stakeholders in each district in accordance with the regulations;35(e) establish voluntary counselling and testing centres in accordance with section 17 in every sub-district and at their head offices;(f) maintain a list of registered counsellors and voluntary counselling and testing centres which shall be available to the public free of cost;(g) under directions and guidelines of and in coordination with the national hiv/aids authority establish mechanisms for—40(i) the registration of voluntary counselling and testing centres and counsellors;(ii) the training of counsellors;(iii) the provision of hiv-related pre-marital information and counsellingservices; and(iv) the setting up of shelter homes for women and children living withhiv/aids5(h) co-ordinate with the national hiv/aids authority and other state and unionterritory hiv/aids authorities for the purposes of this actpower of hiv/aids authority5 of 190853 (1) in proceedings and inquiries before an hiv/aids authority, it shall have all thepowers of a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:—10(a) summoning and enforcing the attendance of witnesses and examine them onoath;(b) discovery and production of any document;(c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; and15(f) any other matter which may be prescribed2045 of 1860(2) the hiv/aids authority shall have the power to require any person, to furnish information on such points or matters as, in its opinion, may be useful for, or relevant to, the subject matter of an inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the indian penal code, 1860251 of 1974(3) the hiv/aids authority or any other officer, not below the rank of a gazettedofficer, specially authorised in this behalf by the hiv/aids authority may enter any building or place where the hiv/aids authority has reason to believe that any document relating to the subject matter of an inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the code of criminal procedure, 1973, in so far as it may be applicable54 all orders and decisions of the hiv/aids authority shall be authenticated by thesignature of the director or any other member authorised by the hiv/aids authority in this behalf30authentication of orders of hiv/aids authority55 (1) the hiv/aids authority shall, within one hundred and eighty days of itsconstitution and establishment, notify a voluntary, graded rating and compliance system for all organisations including companies, institutions and non-governmental organisations in its jurisdiction, which shall provide inter alia:hiv/aids authority to monitor compliance of act(a) for the listing of organisations with the hiv/aids authority;35(b) formats for reporting compliance with the provisions of this act; and (c) a public notification system for organisations who rate well on the compliance of this act40(2) based on the rating and compliance system, the hiv/aids authority shall, on an annual basis, rate organisations on their compliance with the provisions of this act and shall report to the appropriate government such organisations that rate well on compliance(3) based on the report of the hiv/aids authority under sub-section (2), the appropriate government shall accord priority and preference to such organisations that rate well on compliance in relation to various matters including the granting of contracts, licences, funding and resource allocation45(4) the hiv/aids authority shall also report to the appropriate government such organisations that have been convicted of offences or awarded adverse orders in terms of this act or those which may have been given a poor rating as 'hiv unfriendly' in relation to various matters including the granting of contracts, licences, funding and resource allocation5(5) the hiv/aids authority shall publish for wide circulation its rating and compliance system, the names of organisations that perform well on the rating system and those that are given a poor rating as 'hiv unfriendly'56 (1) the hiv/aids authority shall—hiv/aids authority to consult10(a) call upon such experts, from the fields of public health, human rights, lawand hiv/aids or from any other discipline as it deems necessary to assist it in the conduct of an inquiry under clause (b) of sub-section (3);15(b) ensure, including through political and financial support, that consultation with all stakeholders including hiv-positive persons, protected persons, healthcare providers, persons working in the field of hiv/aids, public health experts and human rights organisations occurs in all phases of hiv/aids policy design, programme implementation and evaluation;20(c) establish formal and regular mechanisms to facilitate ongoing dialogue with and input from such community representatives into hiv-related government policies and programmes including through regular reporting by community representatives to the various government, parliamentary and judicial branches, joint workshops with community representatives on policy, planning and evaluation of state responses and through mechanisms for receiving written submissions from the community;25(d) ensure a greater involvement of hiv-positive persons, other protected persons, non-governmental organisations, women, children, civil society and healthcare providers in the formulation and implementation of hiv-related policies, including through an initiative to strengthen the capacity and co-ordination of networks of people living with hiv/aids and community based organisations; and| ( ||------------|| functions || 30 |(2) all policies, programmes and guidelines formulated by the hiv/aids authority shall be evidence-based, formulated in a transparent manner and through consultation as provided in sub-section (1) and shall be open to public scrutiny35duty to publish information40 45appropriate government to consider hiv/aids authority reports50(3) the hiv/aids authority shall continuously collect information on hiv/aids, human rights and health and use this information as a basis for policy and programme development and reform57 (1) the hiv/aids authority shall publish, including through the internet, and make available to all persons, all reports and minutes of its meetings and the meetings of its committees and where applicable those of the advisory committee and the concerned nomination committee, its policies, programmes, guidelines, standards, all data relating to care, support and treatment, budgetary allocations, statements of audit and accounts and reports of the comptroller and auditor general of india related to its functioning(2) every person shall have the right to information from the hiv/aids authority and this information shall be subject to the maintenance of confidentiality in relation to protected persons58 the appropriate government shall consider the reports and recommendations of the hiv/aids authority, in particular in relation to review of laws and policies relating to women, and within three months of their submission, shall, together with its comments, views and the action it proposes to take in relation to such reports and recommendations, lay the same before the concerned legislature for their action and publish and make available the same to all personsbudgetary provisions59 (1) the appropriate government may, after due appropriation made by parliament or the concerned legislature as the case may be, by law in this behalf, make in each financial year such contributions to the hiv/aids authority as it may think necessary to enable the hiv/aids authority to perform its functions under this act5(2) each hiv/aids authority shall have its own fund, and all sums which may, fromtime to time, be paid to it by the appropriate government, and in the case of the state, union territory and district hiv/aids authorities, by the national hiv/aids authority and all other receipts by way of gifts, grants, donations, benefactions, fees or otherwise of that hiv/aids authority shall be carried to the fund of the hiv/aids authority and all payments by the hiv/aids authority shall be made from there10(3) the hiv/aids authority may expand such sums as it thinks fit for performing its functions under this act and such sums shall be treated as expenditure payable out of the fund of that hiv/aids authority15(4) the hiv/aids authority shall during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure, and copies thereof shall be forwarded to the appropriate government and its supervising hiv/aids authorityaccounts and audit2060 (1) the hiv/aids authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the appropriate government in consultation with the comptroller and auditor-general of india(2) the accounts of the hiv/aids authority shall be audited by the comptroller and auditor-general of india every three years and any expenditure incurred in connection with such audit shall be payable by the hiv/aids authority to the comptroller and auditor-general of india25 30(3) the comptroller and auditor-general of india or any person appointed by the comptroller and auditor-general of india in connection with the audit of the accounts of the hiv/aids authority under this act shall have the same rights and privileges in connection with such audit as the comptroller and auditor-general of india generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the hiv/aids authority35(4) the accounts of the hiv/aids authority as certified by the comptroller and auditor-general or any other person appointed by the comptroller and auditor-general of india in this behalf, together with the audit report thereon shall be forwarded annually to the appropriate government by the hiv/aids authority and the appropriate government shall cause the audit report to be laid as soon as may be after it is received before the concerned legislature and shall publish the same for wide circulation chapter xii institutional obligations40application61 the provisions of this chapter shall be applicable to all institutions comprising twenty or more persons4562 every person who is in charge of, or responsible to an institution for the conduct of the activities of such institution, or both, shall ensure compliance by such institution with the provisions of this act on the commencement of this actgeneral responsibility of institutions63 (1) every institution shall appoint a person of senior rank with full administrative powers, working full time in the institution, as the complaints officer, who shall, on agrievance redressal mechanismday-to-day basis, deal with complaints of violations of the provisions of this act by or in the institution, in such manner as may be prescribed:provided that where an institution carries on its activity in one or more places with twenty or more persons in any of such additional places, a separate complaints officer shall be appointed for each of such places5(2) every person with a grievance about the violation of the provisions of this act by or in an institution has the right to approach the complaints officer to attend to such grievance and shall be informed of such right by the institution10(3) the complaints officer, may inquire suo motu, and shall inquire, upon a complaint made by any person, into violation of the provisions of this act by the institution or any person in the institution(4) the complaints officer shall act in an objective and independent manner when inquiring into complaints made under this chapter(5) the complaints officer shall inquire into and decide a complaint promptly and in any case within seven working days:15provided that in cases of emergency the complaints officer shall decide the complaint within one day20(6) the complaints officer, if satisfied, that a violation of the act has taken place as alleged in the complaint, shall first direct the institution to take measures to rectify the breach or violation complained of, then counsel the person alleged to have committed the act and require such person to undergo training and social service, and upon subsequent violations shall recommend to the institution to, and the institution shall, initiate disciplinary action against such person25(7) the complaints officer shall inform the complainant of the action taken in relation to the complaint and shall be responsible for ensuring that the complaints, their nature and number and the action taken are published on the institution's website or web page where such a website or web page exists and are reported to the concerned hiv/aids authority on a six-monthly basis:30provided that the complaints officer shall ensure the maintenance of confidentiality of complainants and parties to a complainthiv/aids policy64 (1) the national hiv/aids authority shall within ninety days of its constitutionand establishment, notify model hiv/aids policies for institutions formulated in consultation with different stakeholders including hiv-positive persons and persons working in the field of hiv/aids35(2) the model hiv/aids policies as may be applicable and as may be amended and updated from time to time by the national hiv/aids authority, shall be deemed to be adopted by every institution upon their notification40(3) the text of the hiv/aids policy shall be conveyed to all persons working in the institution and shall be prominently posted by the persons incharge of or responsible to the institution, or both, in english and in the language understood by the majority of persons working in or accessing such institution on special boards to be maintained for the purpose at or near the entrance through which the majority of the persons working in or accessing the services of the institution enter such institution45(4) (a) the notice in sub-section (3) shall state the manner in which copies of the hiv/aids policy may be obtained and persons working in or accessing the services of the institution shall be entitled to a copy of such policy free of charge(b) the hiv/aids policy of all institutions shall be available to all members of the public for a nominal fee50(c) in the case of educational institutions, learners and thier parents or guardians shall be given a copy of the hiv/aids policy free of charge immediately upon admission of the learner to the institution(5) the institution shall conduct annual training sessions for persons working in such institution in understanding and implementing the hiv/aids policy of the institution(6) the national hiv/aids authority shall ensure that the institutional hiv/aidspolicy is reviewed and if necessary, updated and amended on an annual basis5right of redressal65 nothing contained in this chapter prohibits, limits or otherwise restricts the right of a person to other remedies provided under this act or any other law for the time being in force to address violations of the provisions of this act chapter xiii duties of state10state obligations66 (1) in compliance with the constitution and india's commitments under international conventions to which it is party, the appropriate government shall—(a) ensure the right of access to and equitable distribution of health facilities, goods and services including essential medicines on a non-discriminatory basis;15(b) based on epidemiological evidence and through a participatory and transparent process, adopt and implement a national public health strategy and plan of action, to be periodically reviewed, addressing the health concerns of the whole population and including methods such as right to health indicators and benchmarks, by which progress can be closely monitored; and(c) enact, review and amend legislation to promote the rights of protected persons and to establish a legislative framework in consonance with the objectives of this act20(2) in order to fulfil its obligations under this act, the appropriate government shall—(a) take measures to develop and promote awareness among protected persons of their rights and duties under this act; and25(b) take measures to develop and implement programmes in order to promote the rights of protected persons under this act including promoting and ensuring the greater involvement of hiv-positive persons and protected persons in programmes, action plans, policy formulation, decision-making processes and implementation of plans under this act in particular and in the field of hiv/aids in general30programmatic and implementational obligations67 (1) the central government shall, in co-ordination with the hiv/aids authorities establish an effective national framework to respond to hiv/aids which ensure a co-ordinated, participatory, transparent and accountable approach, integrating hiv/aids policy and programme responsibilities, across all branches of government(2) each central, state and local ministry shall ensure that hiv/aids and human rights are integrated into all its relevant plans and activities, including ministries and departments related to—35(a) education; (b) law and justice, including police and corrective services; (c) science and research;(d) employment and public service; (e) welfare, social security and housing;40(f) immigration, indigenous populations, foreign affairs and developmentcooperation;(g) health; (h) treasury and finance; and (i) defence, including armed services45interaction with international community68 (1) the central government shall initiate and ensure the ongoing interaction with neighbouring and other states to ensure that governmental responses to the hiv/aids epidemic will continue to make the best use of assistance available from the international community and such interaction shall, inter alia, reinforce, cooperation and assistance to areas related to hiv/aids and human rights, in particular relating to access to treatment5(2) the central government shall promote hiv-related human rights in international forums and ensure that they are integrated into the policies and programmes of international organizations(3) the central government shall consider international guidelines, as they develop, in the formulation of hiv-related policies and programmes in india10 chapter xiv special provisionswomen and health1569 (1) the state shall develop and implement a comprehensive national strategy forpromoting women's right to health throughout their life span that includes interventions aimed at the prevention and treatment of diseases affecting women, as well as policies to provide access to a full range of high quality and affordable healthcare, including sexual and reproductive healthcare services and policies that ensure the education and empowerment of the girl child20(2) in order to promote better health for women, the state shall integrate a genderbased approach that recognises that biological and socio-cultural factors play a significant role in influencing the health of women, in its health-related policies, planning, programmes and research25(3) the state shall ensure the disaggregation of health and socio-economic data according to sex for the purpose of identifying and remedying inequalities in healthcare access and provisionright of residence70 every protected person who is a woman or who is a person below the age ofeighteen years shall have the right to reside in the shared household, the right not to be excluded from the shared household or any part of it and the right to enjoy and use the facilities of such shared household in a non discriminatory manner30 35explanation— "shared household" means a household where a person lives or at any stage has lived in a domestic relationship either singly or along with another person and includes such a household whether owned or tenanted either jointly or singly, any such household in respect of which either person or both, jointly or singly, have any right, title, interest or equity and includes a household which may belong to a joint family of which either person is a member, irrespective of whether either person has any right, title or interest in the shared household71 (1) in addition to and not in derogation of existing laws,—registration of marriages(a) all marriages solemnised after the commencement of this act shall be registered in such manner as may be prescribed; and40(b) a marriage that is not registered after two years from the commencement of this act or one year from the date of its solemnisation, whichever is later, shall be voidable at the option of the woman; and45(c) in the case of a marriage that has been declared void under this section, all rights and obligations including the right to maintenance, the right of legitimacy of children who would have been legitimate had the marriage not been dissolved and rights related to property, shall be such as they would have been had the marriage been dissolved under the applicable law(2) the appropriate government shall appoint registration officers in every subdistrict in the country5(3) the central government in consultation with the state governments shall within three hundred and sixty days of the commencement of this act, prescribe the procedure for registration of marriages and shall design and implement a system for indexing and centralising marriage records(4) no marriage shall be registered unless the registering officer is satisfied that the persons intending to marry have received hiv-related iec in accordance with section 72 of this act10hiv-related iec before marriage72 (1) the national hiv/aids authority shall, within ninety days of its constitution and establishment, formulate guidelines, content and protocols for the provision of hiv- related iec before marriage(2) the appropriate government shall establish a counselling centre at each marriage office in each district, which shall implement the protocols formulated under sub-section (1) above15(3) all persons intending to get married or whose marriage has not been registeredshall receive face to face and one-on-one hiv/aids related information provided and conveyed in an effective and interactive manner and shall be offered hiv/aids related counselling20explanation— for the purposes of this section, hiv-related iec includes information related to sexual health, contraception, condom usage, sexuality, the methods of transmission of hiv and other sexually transmitted infections, and voluntary hiv testinghiv-positive women who are pregnant2573 (1) without prejudice to the generality of the provisions of this act and notwithstanding anything contained in any law for the time being in force, an hiv-positive woman who is pregnant shall have the right to receive such counselling and information as to enable her to make a decision about her pregnancy, whether or not to undertake hiv- related treatment and in relation to other matters affecting her health and pregnancy(2) no woman who is pregnant and a protected person shall be subject to forced sterilisation or abortion30(3) the national hiv/aids authority shall within sixty days of its constitution and establishment, develop protocols for the testing, treatment and counselling of hiv-positive women who are pregnant and every healthcare institution shall implement such protocols immediately upon their notification35 40(4) protocols formulated under sub-section (3) shall provide inter alia counselling guidelines in relation to care and treatment for the hiv-positive woman and her child, that informed consent must form the basis for the woman's individual decision, recognition of the right of the woman to decide, that the decision to use any hiv/aids related treatment during pregnancy should be made by the woman following discussions with her healthcare provider regarding the benefits and risks to her and her foetus and counselling on feeding and infant milk substitutessexual assault74 (1) the central government shall, within three hundred and sixty days of the commencement of this act, formulate, notify and implement regulations specifying protocols for the counselling and treatment of survivors of sexual assault and for the training of healthcare providers and other service providers in the implementation of such protocols45(2) the appropriate government shall, within seven hundred and twenty days of thecommencement of this act, establish one or more sexual assault crisis centres in each district in its jurisdiction(3) in fulfilling its obligations under sub-section (1) and (2), the appropriate government shall consult different stake holders including women's groups, child rights groups, groups working on sexuality, sexual health, hiv/aids, healthcare providers and forensic experts5(4) every survivor of sexual assault, whether or not they have reported the sexual assault to law enforcement agencies, shall have access to the following services on a confidential basis,—(a) counselling; (b) prevention and management of sexually transmitted infections includingaccess to testing and prophylactic treatment;10(c) prevention, treatment and management of other medical conditions or injuriesassociated with the sexual assault;(d) hiv/aids related counselling and treatment if required and in the best interestof the survivor;(e) follow up treatment and care; and(f) referrals:15provided that where the survivor of sexual assault is a person below the age of twelve years, the healthcare or other service provider under whose care such person is, may encourage the involvement of a parent or guardian, unless it is detrimental to and interferes with the progress and care of the survivor, in which case the consent of such parent or guardian for the provision of services shall not be required20(5) notwithstanding anything contained in any law for the time being in force, no healthcare or other service provider or person in charge of an institution providing services to a survivor of sexual assault shall report or release information regarding the assault or the survivor without the written informed consent of the survivor2545 of 1860explanation i—for the purposes of this section, sexual assault is any non-consensual contact with a sexual purpose including an offence against any person under section 376, section 376a, section 376b, section 376c, section 376d and section 377 of the indian penal code, 1860 whether or not such an act is recognised as a crime by law for the time being in force and whether or not it is reported to the police30explanation ii—for the purposes of this section sexual assault includes nonconsensual sexual contact by a man with his wife75 (1) every person who is in the care or custody of the state shall have the right to hiv prevention, counselling, testing and treatment servicespersons in the care or custody of the state35(2) the state shall, within one hundred and eighty days of the commencement of this act, introduce strategies for risk reduction including age appropriate information, education and communication for persons below the age of eighteen years, sexual health information, condoms, needle exchange and drug substitution programmes for all persons in its care or custody40(3) a person in the care or custody of the state who has been exposed to the risk of hivtransmission, shall be referred immediately to a state healthcare institution or a sexual assault crisis centre, as the case may be, for hiv-related counselling, treatment or other services and shall be entitled to, if recommended, post exposure prophylaxis and hiv related treatment from the state45(4) every person in the care or custody of the state shall be entitled to receive their complete medical records upon their release or dischargeexplanation—for the purposes of this section, persons in the care or custody of the state include persons convicted of a crime and serving a sentence, persons awaiting trial,56 of 2000 104 of 1956person detained under preventive detention laws, persons under the care or custody of the state under the juvenile justice (care and protection of children) act, 2000, the immoral traffic (prevention) act, 1956, and persons in the care or custody of state run homes and shelterschildren5| 76 ( ||----------------------------------------------------------------------------------------|| and health-promoting behaviour and support to families and communities in implementing || these practices |(2) the state shall adopt effective and appropriate measures to abolish harmful practices affecting the health of children, particularly girls, including early marriage and preferrential feeding and care of male children10(3) the state shall provide a safe and supportive environment for young persons, that ensures the opportunity to participate in decisions affecting their health, to build lifeskills, to acquire appropriate information, to receive counselling and to negotiate the health behaviour choices they make15(4) the state shall ensure the development of youth-friendly healthcare, which respects confidentiality and privacy and includes appropriate sexual and reproductive health services(5) in all policies and programmes aimed at guaranteeing the right to health of children and young persons their best interests shall be a primary consideration and in the formulation of such policies and programmes, the state shall consult children and non-governmental organisations working with children at national, state and local levels20children affected by hiv/aids77 (1) the appropriate government shall, in consultation with health professionals and organisations working with children affected by hiv/aids, formulate guidelines and train healthcare providers on various aspects of care, support and treatment of children affected by hiv/aids, including in relation to psychological care and hiv-related treatment25(2) the appropriate government shall ensure that children affected by hiv/aids can access educational institutions and shall formulate and implement programmes to address barriers to education including school fees and other costs78 (1) the appropriate government shall protect the property of children affected byhiv/aids30protection of property of children affected by hiv/aids(2) the central government shall, within ninety days of the commencement of this act frame rules for the protection of property of children affected by hiv/aids35(3) parents or guardians of children affected by hiv/aids, or any person acting in their best interest, or a child affected by hiv/aids, may approach the child welfare committee for the safe keeping and deposit of documents related to the property rights of such child or to make complaints relating to the threat of such child being dispossessed, actual dispossession or trespass into such child's house even in the absence of documents related to the property rights of such child(4) the child welfare committee shall properly maintain and protect all such documentsand shall ensure the maintenance of confidentiality of all protected persons40(5) the child welfare committee shall pass appropriate orders in the best interests ofchildren affected by hiv/aids, including orders to preserve the property of such children, to make investments of the property or to take possession of documents related to the property where both the parents or legal guardian of such children have either died or are incapacitated45(6) the child welfare committee shall take the assistance of different stakeholdersincluding hiv-positive persons, persons working in the field of hiv/aids, child-line organizations and non-governmental organisations working with children in such matters56 of 2000explanation—"child welfare committee" means a committee set up under the juvenile justice (care and protection of children) act, 2000579 (1) notwithstanding anything contained in any law for the time being in force, a person below the age of eighteen years who is the managing member of a family affected by hiv/aids shall be competent to act as guardian of any other persons below the age of eighteen years who are members of such family for the following purposes:—recognition of guardianship of older sibling(a) admission to educational institutions; (b) care and protection; (c) treatment;(d) operating bank accounts;10(e) managing property; and (f) for all other purposes that may be required to discharge duties as a guardian15explanation—for the purposes of this section, a family affected by hiv/aids, is one where both parents or the legal guardian is incapacitated due to hiv-related illness or aids, those living in households of children orphaned by aids or if they are not orphaned, then the legal guardian or parents are unable to discharge their duties in relation to such childrende-facto guardian2080 (1) notwithstanding anything contained in any other law for the time being inforce, a person who has no parental responsibilities and rights in respect of a child but who voluntarily cares for the child either indefinitely, temporarily or partially, including a caregiver who otherwise has no parental responsibilities and rights in respect of a child, shall, while the child is in that person's care, have the duty to —(a) safeguard the child's health, well-being and development; and (b) protect the child from maltreatment, abuse, neglect, degradation,discrimination, exploitation and any other physical or mental harm or hazards25(2) a person referred to in sub-section (1) may exercise parental responsibilities and rights reasonably necessary to comply with sub-section (1), including the right to consent to hiv/aids related treatment of, or other healthcare service for, the child if such consent cannot reasonably be obtained from the parent or primary care-giver of the child or the concerned child30living wills, stand by guardianship and testamentary guardianship81 (1) notwithstanding anything contained in any law for the time being in force, aparent or legal guardian of a child affected by hiv/aids may appoint, by making a will, an adult person who is a relative or friend, or a person below the age of eighteen years who is the managing member of the family affected by hiv/aids to act as legal guardian immediately upon the parent or legal guardian's incapacity or death35(2) nothing in this section shall divest a parent or legal guardian of their rights, and the guardianship referred to in sub-section (1) shall cease to operate upon the parent or legal guardian regaining capacity40(3) parent or legal guardians of children affected by hiv/aids may make a will appointing a guardian for care and protection of such children and for the property that such children would inherit or which is bequeathed through the will chapter xv special procedures in courtsuppression of identity4582 (1) in any legal proceeding in which a protected person is a party or such personis an applicant, the court, on an application by such person, that it is in interest of justice, may pass any or all of the following orders:(a) that the proceeding or any part thereof be conducted by suppressing the identity of the applicant by substituting the name of such person with a pseudonym in the records of the proceedings in such manner as may be prescribed;(b) that the proceeding or any part thereof may be conducted in camera; and5(c) restraining any person from in any manner publishing any matter leading tothe disclosure of the name or status or identity of the applicant(2) any proceeding where an order under sub-section (1) is passed shall be conducted in such manner as may be prescribedpriority83 (1) in any legal proceeding concerning or relating to an hiv-positive person, the court shall take up and dispose off the proceeding on a priority basis10(2) in such a legal proceeding, the court shall, as soon as possible, but not later than one hundred and twenty days of the institution of the proceedings, fix a timetable for the final hearing and disposal of the proceeding in consultation with the parties15(3) the timetable so fixed shall take into account any arbitration, mediation or settlement that may be ordered or the evidence that may be taken and the final oral and written arguments and judgement that may be pronounced, such that the time taken for disposing of the entire proceeding, from the date of its institution till final disposal shall, in a proceeding which requires evidence to be taken be not more than three years, and in any other case be not more than two years20(4) the timetable for a trial in any legal proceeding concerning or relating to an hiv-positive person shall be so fixed that it is conducted on a daily basis5 of 1908(5) evidence in such proceedings shall, to the extent possible, be taken before a commissioner as provided in order xviii of the code of civil procedure, 1908(6) any interim application made in such a proceeding shall not affect the timetable or be a basis of enlarging the time fixed for the final disposal of the proceeding25(7) any party not adhering to the timetable, except in cases of illness of the hiv-positive person, who is party to or a witness in the proceedings, shall be liable to pay costs of not less than one thousand rupees per day of the delay to the legal aid fund of the concerned court:30provided that each party to the proceeding shall be entitled to three adjournments during the course of the proceedings to use as they choose to(8) all interlocutory applications in any such proceedings shall be disposed off in a summary manner on the basis of document before the court without prejudicing the rights of the parties or delaying the final disposal of the main proceedings35(9) in a proceeding in which an hiv-positive person is a party, if the judge presidingover the matter is transferred, retires or otherwise vacates the court, the judge who has the power to transfer cases in such court, shall within thirty days transfer the proceeding to another judge40explanation—for the purposes of this section 'judge' includes the president, principal judge, chief justice, chief metropolitan magistrate or chief judge of the concerned courtmaintenance84 (1) in any maintenance application filed by or on behalf of a protected person under any law for the time being in force, the court shall on the first date after the application is filed, consider the application for interim maintenance and have the power to grant ad hoc maintenance on the basis of the application alone until the disposal of or further orders in, the application45(2) in passing any order of maintenance the court shall take into account medical costs and other hiv-related costs that may be incurred by the applicationsentencing85 in passing any orders relating to sentencing, the hiv-positive status of the personin respect of whom such an order is passed shall be a relevant factor to be considered by the court to determine the custodial facility that the person shall be transferred to based on the availability of proper healthcare services at such facilitypowers of court586 (1) notwithstanding any other law for the time being in force, in the adjudication orprosecution of any proceedings whether civil or criminal, which are instituted in terms of or under this act a court shall, in addition to any other order that it may pass, order the person who has committed a breach of this act to undergo a fixed period of counselling related to the breach committed or a fixed period of social service10(2) notwithstanding any other law for the time being in force, in the adjudication ofany proceedings, which are instituted in terms of or under this act a court may pass appropriate order in the circumstances of the case to:—(a) prevent breaches of the provisions of this act; or (b) redress breaches of the provisions of this act by directing:15(i) specific steps, special measures or affirmative actions or both to betaken;(ii) the award of damages including specific, general, aggravated andexemplary damages with interest for past and future losses, personal injuries, and injury to reputation or feelings;20(iii) the withdrawal of, or ceasing and desisting from, committing breachesof this act;(iv) the employer of a person who has committed a breach of this act toinitiate disciplinary action against such person;25(v) the employer of the person who has committed a breach of this act toput the matter in the employee's annual confidentiality report;(vi) the inclusion of the matter in the annual or other report of the personwho has committed a breach of this act that is available to the public and that is filed with regulatory authorities, where such person is an institution;30(vii) the person who has committed a breach of this act to undergo anaudit of specific policies or practices as may be determined by the court, where such person is a registered company, institution, society or other body;(viii) an appropriate order of a deterrent nature, including a recommendationto the appropriate authority, to suspend or revoke the licence of the person who has committed a breach of this act;35(ix) any person who has committed a breach of this act to make regularprogress reports to the court regarding the implementation of the court's order;40(x) the registrar of the court to report the matter where a criminal offenceis disclosed during the course of the proceedings, to the concerned police station having jurisdiction for the possible institution of criminal proceedings; or(xi) any other order as may be necessary in the interests of justice(3) in a proceeding relating to discrimination in employment under this act, the court shall have the power to pass any or all of the following orders:(a) that the person discriminated against be employed; (b) that the person discriminated against be reinstated;45(c) that the person who has discriminated make arrangements for the reasonable accommodation of the person discriminated against;(d) the payment of wages, salary, income, allowances, benefits, perquisites and privileges that may have been lost on account of non-employment or termination; and5(e) award special, general and exemplary damages on account of the nonemployment, termination, emotional distress and pain or loss of reputation 87 (1) an hiv/aids authority or any person may petition a court in relation to any institution with a record of continuous violations of the provisions of this actpower of court to order systemic audits10(2) based upon a petition under sub-section (1), a court may appoint the concerned hiv/aids authority or such other persons as it deems fit to conduct an audit of such institution to determine the causes of the continuous violations of the act and based on the report of such audit may make such orders as may be necessary to address the systemic violations of the act including any or all of the following orders:(a) rectification of the breaches of the act; (b) initiation of disciplinary proceedings; and15(c) training and sensitisation programmes for all or any persons in such institutionpresumption as to discrimination2088 when the question is whether a protected person has been discriminated against under this act and it is shown that the person against whom such discrimination is alleged to have taken place is a protected person and that the act or omission alleged as being discriminatory took place, the court shall presume, that such act or omission is discrimination under this act and—(a) the respondent must prove, on the facts before the court, that the discrimination did not take place as alleged; or25(b) the respondent must prove that the conduct is not based on one or more of the prohibited grounds:provided that the presumption as to non-existence of undue hardship under clause (ii) of sub-section (a) of section 4 shall operate without prejudice to the presumption under this provisionjurisdiction of courts89 nothing contained in this law prohibits, limits or otherwise restricts the jurisdiction of civil and criminal courts to address violations of the provisions of this act30 chapter xvi penalties35penalty for contravention of provisions of section 590 notwithstanding any action that may be taken under any law for the time being in force, whoever contravenes the provisions of section 5 shall be punished with imprisonment of either description for a term which shall not be less than three months but which may extend to two years and with fine that may extend to one lakh rupees or bothpenalty for misleading information4091 notwithstanding any action that may be taken under any law for the time being in force, misinformation on hiv/aids prevention and control, including through false and misleading advertising and claims in any media or the promotional marketing of drugs, devices, agents, or procedures without prior approval from the drugs controller general of india and the requisite medical and scientific basis, including markings and indications in drugs and devices and agents, purporting to be a cure or fail safe prophylactic for hiv/aids, shall be punished with imprisonment of either description for a term that shall not be less than three months but may extend to two years or a fine that shall not be less than twenty thousand rupees but may extend to one lakh rupees or both4592 a public servant who contravenes the provisions of sub-section (4) of section 21shall, on conviction, be punished with simple imprisonment for a term which may extend to one year and with fine that may extend to one lakh rupeespenalty for contravention of sub-section (4) of section 21 by public servant5failure to comply with orders of health ombud93 (1) whoever fails to comply with any order given by a health ombud within such time as may be specified in such order shall, on conviction, be liable to pay a fine which may extend to ten thousand rupees and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure10(2) if the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall, on conviction, be punished with imprisonment of either description for a term which shall not be less than three months but which may extend to one year and with fine that shall not be less than ten thousand rupees but which may extend to one lakh rupees1594 notwithstanding any action that may be taken under any law for the time being in force, whoever contravenes an order under clause (c) of sub-section (1) of section 82 shall be punished with simple imprisonment for a term that may extend to one year or with a fine that may extend to one lakh rupeespenalty for contravention of provisions of clause (c)of subsection (1) of section 82 offences by companies2095 (1) where an offence under this act has been committed by an institution, every person who at the time the offence was committed was in charge of, and was responsible to the institution for the conduct of its activities, as well as the institution, shall be deemed to be guilty of the offences and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if it is proved that the offence was committed without the person's knowledge or that such person exercised all due diligence to prevent the commission of such offence25 30(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by an institution 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 institution, 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 accordinglyexplanation—for the purposes of this section "director" in relation to a firm means a partner in the firm35offences by government departments96 where an offence under this act has been committed by any department of government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this section shall render such head of the department liable to any punishment it is proved that the offence was committed without such person's knowledge or that such person exercised all due diligence to prevent the commission of such offence4097 no court other than the court of a judicial magistrate of first class shall take cognizance of or try an offence under this actcourt competent to try offences under this act and take cognizance of offence98 notwithstanding anything contained in the code of criminal procedure, 1973, offences under this act shall be cognizable and bailableoffences to be cognizable and bailable99 all offences under this act shall be tried summarily in the manner provided forsummary trial under the code of criminal procedure5offences under the act to be tried summarily chapter xvii miscellaneousact to have overriding effect100 (1) 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 act10(2) the provisions of this act shall have overriding effect notwithstanding anythingto the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution passed by the company in general meeting or by its board of directors, whether the same be registered, passed or executed, as the case may be before or after the commencement of this act15(3) any provision contained in the memorandum, articles, agreement or resolutionaforesaid shall to the extent to which it is repugnant to the provisions of this act, become or be void, as the case may be45 of 186020101 the director, members, officers and other employees of the hiv/aids authorityshall be deemed to be public servants within the meaning of section 21 of the indian penal code, 1860member and staff of hiv/ aids authorities etc to be public servants27 of 1957 43 of 1961exemption from tax on wealth and income102 notwithstanding anything contained in the wealth tax act, 1957, the incometax act, 1961, or any law for the time being in force relating to tax on wealth, income, profits or gains, the hiv/aids authority shall not be liable to pay wealth-tax, income-tax or any other tax in respect of their wealth, income or profits or gains derived25103 the appropriate government shall cause to be placed before both houses of theconcerned legislature once a year a report regarding the performance of the hiv/aids authority under this actreport of the hiv/aids authority to be placed before legislature protection of action taken in good faith30| 104 ||-------------------------------------------------------------------------------------------|| government or hiv/aids authority, or against any officer of the central government or the || director or members or employees of the hiv/aids authority or any person acting under || such government, or hiv/aids authority for anything which is in good faith done or || intended to be done under this act or any rule or regulation thereunder || delegation of || powers |35105 the appropriate government may, by general order, direct that any power exercisable by it under this act shall, in such circumstances and under such conditions, if any as may be prescribed in the order, be exercisable also by an officer subordinate to that government or the local authority106 (1) the appropriate government may, by notification in the official gazette, make rules and regulations to carry out the purposes of this actpower to make rules and regulations(2) without prejudice to the generality of sub-section (1), the appropriate government may make rules to provide for all or any of the following matters:—40(i) the salary and allowances of the health ombud under section 28; (ii) the procedure to be followed by the health ombud under sub-section (1) ofsection 30;(iii) the receipt of complaints by the health ombud under sub-section (2) of section 30;(iv) additional powers of the civil court that a health ombud may enjoy in making an inquiry under clause (f) of sub-section (4) of section 30;5(v) the manner in which the health ombud will maintain records under sub-section (7) of section 30;(vi) orders as to cost to be made by the health ombud under sub-section (3) of section 30;(vii) the salary and allowances of directors and other members of hiv/aidsauthorities under section 44;10(viii) the meeting of hiv/aids authorities and rules of procedure under section 45;(ix) the allowances and fees of members of hiv/aids authorities for attending meetings under sub-section (2) of section 46;15(x) the controls and restrictions in appointment of officers and employees of the hiv/aids authorities under section 47;(xi) the salaries and conditions of service of officers and employees of the hiv/aids authorities under section 47;20(xii) the powers and duties of directors of hiv/aids authorities under section 48;(xiii) additional powers of a civil court that an hiv/aids authority may enjoy in conducting inquiries under clause (f) of sub-section (1) of section 53;(xiv) the budget of the hiv/aids authorities under sub-section (4) of section 58;25(xv) the records and annual statements of account of hiv/aids authorities under section 59;(xvi) the procedure to be followed by a complaints officer under section 63; (xvii) the procedure relating to registration of marriages under clause (a) of sub-section (1) of section 71;30(xviii) the protection of property of children affected by hiv/aids under sub-section (2) of section 78;(xix) the suppression of identity in court proceedings under sub-section (1) of section 82;35(xx) the conduct of proceedings where suppression of identity and in camera orders are passed under sub-section (2) of section 82; and(xxi) the delegation of powers under section 101(3) without prejudice to the generality of sub-section (1), the appropriate government may make regulations to provide for all or any of the following matters:—(i) pre and post test counselling under sub-section (6) of section 8;(ii) epidemiological studies under proviso to clause (c) of section 9;40(iii) recognition of voluntary counselling and testing centres and pathologylaboratories for conducting hiv tests under proviso to sub-section (3) of section 10;(iv) technologies for self testing of hiv under sub-section (5) ofsection 10;(v) data protection under section 15;(vi) establishment of voluntary counselling and testing centres undersub-section (3) of section 17;(vii) universal precautions and post exposure prophyaxis protocols underproviso to sub-section (4) of section 20;5(viii) drug substitution, drug maintenance and needle syringe exchangeprogrammes under sub-section (2) of section 21;(ix) the training of the health ombud under section 26; (x) hiv/aids surveillance under clause (h) of sub-section (3) of section 50;and10(xi) the setting up of hiv/aids helplines under clause (d) ofsection 52(4) every rule or regulation made by the appropriate government under this act shall be laid, as soon as may be after it is made, before the legislature of such appropriate government15power to remove difficulties107 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty:provided that no such order shall be made after the expiry of the period of two years from the commencement of this act20(2) however, orders made under this section shall be laid, within thirty days, before each house of parliament108 the central government in consultation with the national hiv/aids authority shall,—review and monitoring of act25(a) develop and implement effective and strignent monitoring and reportingmechanisms to oversee the implementation and enforcement of this act by all persons; and30(b) undertake a review of the working of this act every three years to ensure that it adequately addresses the issues raised by the hiv epidemic, is successful in promoting and protecting the rights of protected persons and in preventing and controlling the hiv epidemic and it is consistent with constitutional and international human rights obligations schedule i (see section 4) illustrative list of unfair treatment in certain sectors 1 employment(a)denial of terms and conditions or benefits and privileges of services that otherpersons in the same position would enjoy including in relation to:—(i)recruitment procedures, advertising and selection criteria;(ii)appointments, and the appointments process, including job placement;(iii)job classification or grading;(iv)remuneration, employment benefits and terms and conditions ofemployment;(v)employee assistance programmes;(vi)workplace and facilities;(vii) occupational health and safety; (viii) training and development;(ix)performance evaluation system;(x)promotion, transfer and demotion;(xi)disciplinary measures;(xii) termination of services; (xiii) provident fund; (xiv) gratuity and health insurance; and (xv)non-renewal of employment contract(b)pressure to leave the employment,(c)insistance for resignation/vrs,(d)being asked not to report for duty,(e)denial of promotions,( f )arbitrary suspension or disciplinary action,(g)creation of a non-conducive atmosphere for work,(h)prejudicial comments and behaviour,(i)public identification, and( j )mandatory isolation or segregation 2 healthcare(a)provision of medically inappropriate treatment for the condition diagnosed,(b)untimely or arbitrary discharge,(c)charging higher rates for the same or similar services provided to another personat any stage (conditional treatment),(d)imposing conditions in the form of research,(e)prejudicial comments and behaviour,(f)public identification,(g)isolation or segregation unless medically indicated,(h)pressure to leave the healthcare institution, and(i)undignified treatment of a corpse 3 education(a)arbitrary suspension by or disciplinary action from an educational institution,(b)prejudicial comments and behaviour,(c)public identification,(d)isolation or segregation unless medically indicated,(e)denial of participation in benefits or services,(f)pressure to leave an educational institution,(g)non-provision of reasonable accommodation,(h)demanding 'hiv-free' certificate at the time of admission 54 of 57,(i)demanding disclosure of hiv test results (irrespective of postive or negative)from the students, and(j)denial of admission on the basis of hiv positive status 4 insurance(a)non-renewal of insurance contract,(b)termination of insurance contract,(c)higher premiums,(d)aids caps,(e)delay in processing of claims,(f)denial of claims,(g)hiv/aids exclusion clauses, and(h)exclusion clauses based on actual or perceived association with an hiv-positiveperson or of exposure to hiv 5 institutions(a)prisons, juvenile homes, rehabilitation centers, mental homes, adoption homes,hospices, ngos, night shelters schedule ii[see section 51 (e)]1prevention2blood safety: to ensure availability of adequate and safe blood and blood products for the general population through promotion of voluntary blood donation in the country3risk reduction4sti control5condom programming6iec and social mobilisation7spread hiv - related literacy among various sections of society and promote awareness of the safeguards available for the protection of the rights of protected persons through publications, the media, seminars and other available means8care and support for hiv-positive persons9training on hiv/aids/std prevention and control10national family health awareness programme11prevention of mother to child transmission12voluntary testing and counselling13research and development14intersectoral collaboration15international and bilateral cooperation16programme financing17monitoring and evaluation18external quality assurance scheme19access to treatment—update who essential medicines list20 authority shall collect, update and disseminate scientific knowledge/collect, compile and publish technical and statistical data relating to hiv and the measures devised for its effective prevention and control and prepare manuals, codes or guides and disseminate information connected therewith21sensitisation programmes for judiciary, law enforcement etc22maintain list of care and support centers and homes, doctors providing care and treatment for hiv/aids, helplines, testing facilities, legal assistance23institute good practices for the proper surveillance of hiv/aids24clinical management of hiv/aids25assist in the implementation of good practices within corporates26corporate collaboration as part of social responsibility schemes27ngos28counselling guidelines statement of objects and reasonseffective legislation addressing the hiv/aids epidemic in india is of extreme importance in the context of the prevailing situation in the country the estimated number of people living with hiv/aids as of 2007 are 231 million of these, an estimated 39% are female and 35% are children these figures significantly under-represent the actual number of people living with aids many aids deaths go unreported in india, due to unprecedented levels of stigma and discrimination hiv and aids affect all segments of india's population, from children to adults, businessmen to homeless people, female sex workers to housewives, and gay men to heterosexuals however, hiv prevalence among certain groups like sex workers, injecting drug users, truck drivers, migrant workers, gays remain high and is currently around 6 to 8 times that of the general populationthe bill seeks to provide, inter alia, for:—(i) protection of the rights of persons affected by hiv (ii) prevention of discrimination to the persons affected by hiv/aids in employment, healthcare, education, residence, travel, public/private office, access to services, insurance, etc(iii) maintaining confidentiality of hiv related information (iv) providing access to treatment to the persons suffering from hiv/aids withoutany discrimination in government hospitals and dispensaries(v) providing social security and launching welfare schemes for persons suffering from hiv/aids the bill seeks to achieve the above objectivesnew delhi;kirit premjibhai solankinovember 8, 2011 president's recommendation under articles 117 (1), 274 (1) and 117 (3) of the constitution ————[copy of letter no h 11018/1/2011-naco (p&c) dated 3 may, 2012 from shri ghulam nabi azad, minister of health and family welfare to the secretary-general, lok sabha]the president, having been informed of the subject matter of the hiv/aids bill, 2011by dr kirit premjibhai solanki, member of parliament, recommends its introduction under articles 117(1) and 274(1) and consideration under article 117(3) of the constitution in lok sabha financial memorandumclause 17 of the bill provides for right to health and certain supports facilities, goods, measures, service and medical infrastructure clause 18 provides for giving wide dissemination protocols for hiv/aids-related testing and treatment methodologies clause 19 provides for healthcare facilities including travel subsidies for hiv-positive persons and training to staff, tax incentives and exemption and promotion of research and development for prevention and treatment of hiv/aids clause 20 provides for right to safe working environment clause 22 provides for implementation of health insurance and social security schemes for hiv-positive and aids patients clause 23 provides for right to information and education relating to health and protection of health, etc clause 24 provides for duty of state to promote hiv/aids related information, education and communication clause 25 provides for hiv/aids information by healthcare providers clause 26 provides for appointment of health ombud in each district clause 28 provides for salary and allowances of health ombud clause 36 provides for constitution of hiv/aids authorities at national, state and local levels to perform the functions assigned under this act clause 38 provides for setting up of offices of hiv/aids authority clause 39 provides for composition of hiv/aids authorities clause 41 provides for advisory committee to advice the national authority in the matters relating to protection and promotion of rights to infected persons, care, support and treatment of persons living with hiv/aids clause 42 provides for appointments to hiv/aids authority and nomination committee by the appropriate government clause 44 provides for salary and allowances of director and members of the hiv/aids authority clause 45 provides for meetings of the hiv/aids authority clause 46 provides for constitution of the committees by authority clause 49 provides for transfer of undertakings under the national authority or the state authority concerned and confer the status of employer and provides them benefits including salary, allowances and other remunerations, etc clause 50 provides for implementation of hiv related programme as specified in schedule ii clause 51 provides for functions of the national hiv/aids authority clause 52 provides for additional functions of state and union territory hiv/aids authority clause 56 provides for calling upon expert in the fields of health, human rights, law and other discipline for providing support to hiv/aids affected persons clause 57 provides for dissemination of information about reports and minutes of meetings of the authority clause 59 provides for budgetary provisions for authority clause 64 provides for notification of model hiv/aids policies clause 66 provides for certain obligations of state for promotion of right of protected persons under the act clause 68 provides for interaction with international community and organizations it also provides for promotion of hiv related human rights clause 69 provides for developing and implementing strategy to promote women's right to health clause 71 provides for appointment of registration officers in every sub-district for registration of marriage and for maintaining records clause 72 provides for establishment of a counselling centre at each marriage office in each district clause 73 provides for right to counselling and information to the hiv-positive women who are pregnant clause 74 provides for setting up of sexual assault crisis centres in each district by the appropriate government clause 75 provides that every person who is in the care or custody of the state shall have the right to hiv prevention, counselling, testing and treatment clause 76 provides that state shall provide a safe and supportive environment and healthcare for young persons clause 77 provides for care, support and treatment of children affected by hiv/aids clause 78 provides for protection of property of children affected by hiv/aids clause 102 provides exemption from paying of wealth-tax, income-tax or any other tax to the authority in respect of their wealth, income or profits or gain the central government has to bear the expenditure in respect of union territories in implementing the provisions of the bill the respective state government shall bear the expenditure in respect of their states the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure to the tune of rupees five hundred crore is likely to be incurred per annuma non-recurring expenditure of rupees one hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 106 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 detail only the delegation of legislative power is, therefore, of a normal character—————— a billa bill to provide for prevention, control and management of hiv epidemic in india;protection and promotion of human rights of persons living or affected by hiv/aids; for establishment of authorities at the national, state, union territory and district level to promote such rights and to promote prevention, awareness, care, support, treatment programmes to control the spread of hiv/aids and for matters connected therewith or incidental thereto——————

Parliament_bills

d4ea610b-c287-5a4d-ab94-685c8e149530

bill no 36 of 2015 the citizenship (amendment) bill, 2015 a billfurther to amend the citizenship act, 1955be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the citizenship (amendment) act, 2015 (2) it shall be deemed to have come into force on the 6th day of january, 2015short title and commencement57 of 1955amendment of section 252 in the citizenship act, 1955 (hereinafter referred to as the principal act), in section 2, in sub-section (1), for clause (ee), the following clause shall be substituted, namely:—'(ee) "overseas citizen of india cardholder" means a person registered as an overseas citizen of india cardholder by the central government under section 7a;' 3 in the principal act, in section 5,—amendment of section 5(i) in sub-section (1),—(a) in clause (f), for the words "has been residing in india for one year", the words "is ordinarily resident in india for twelve months" shall be substituted;5 10(b) in clause (g),—(a) for the words "overseas citizen of india", the words "overseas citizen of india cardholder" shall be substituted;(b) for the words "has been residing in india for one year", the words "is ordinarily resident in india for twelve months" shall be substituted;(ii) after sub-section (1), the following sub-section shall be inserted, namely:— "(1a) the central government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks"4 in the principal act, for sections 7a, 7b, 7c and section 7d, the following sections shall be substituted, namely:—substitution of new sections for sections 7a, 7b, 7c and section 7d15registration of overseas citizen of india cardholder20 25 30 35 40 45"7a (1) the central government may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, register as an overseas citizen of india cardholder—(a) any person of full age and capacity,—(i) who is a citizen of another country, but was a citizen of india at the time of, or at any time after the commencement of the constitution; or(ii) who is a citizen of another country, but was eligible to become a citizen of india at the time of the commencement of the constitution; or(iii) who is a citizen of another country, but belonged to a territory that became part of india after the 15th day of august,1947; or(iv) who is a child or a grand child or a great grand child of such a citizen; or (b) a person, who is a minor child of a person mentioned in clause (a); or(c) a person, who is a minor child, and whose both parents are citizens of india or one of the parents is a citizen of india; or(d) spouse of foreign origin of a citizen of india or spouse of foreign origin of an overseas citizen of india cardholder rgistered under section 7a and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: provided that for the eligibility for registration as an overseas citizen of india cardholder, such spouse shall be subjected to prior security clearance by a competent authority in india:provided further that no person, who or either of whose parents or grand parents or great grand parents is or had been a citizen of pakistan, bangladesh or such other country as the central government may, by notification in the official gazette, specify, shall be eligible for registration as an overseas citizen of india cardholder under this sub-section (2) the central government may, by notification in the official gazette, specify the date from which the existing persons of indian origin cardholders shall be deemed to be overseas citizens of india cardholdersexplanation— for the purposes of this sub-section, "persons of indian origin cardholders" means the persons registered as such under notification number 26011/ 4/98 fi, dated the 19th august, 2002, issued by the central government in this regard(3) notwithstanding anything contained in sub-section (1), the central government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an overseas citizen of india cardholder57b (1) notwithstanding anything contained in any other law for the time being in force, an overseas citizen of india cardholder shall be entitled to such rights, other than the rights specified under sub-section (2), as the central government may, by notification in the official gazette, specify in this behalfconferment of rights on overseas citizen of india cardholder(2) an overseas citizen of india cardholder shall not be entitled to the rights conferred on a citizen of india—10| ( | a | ) under article 16 of the constitution with regard to equality of ||-----------------------------------------------|-----|-------------------------------------------------------------------------|| opportunity in matters of public employment; | | || ( | b | ) under article 58 of the constitution for election as president; || ( | c | ) under article 66 of the constitution for election as vice-president; |15| ( | d | ) under article 124 of the constitution for appointment as a judge of the ||----------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| supreme court; | | || ( | e | ) under article 217 of the constitution for appointment as a judge of the || high court; | | || 43 of 1950 | | || ( | f | ) under section 16 of the representation of the people act,1950 in regard || to registration as a voter; | | || 43 of 1951 | | || 20 | | || ( | g | ) under sections 3 and 4 of the representation of the people act, 1951 || with regard to the eligibility for being a member of the house of the people or | | || of the council of states, as the case may be; | | || 43 of 1951 | | || ( | h | ) under sections 5, 5a and section 6 of the representation of the people || act, 1951 with regard to the eligibility for being a member of the legislative | | || assembly or the legislative council, as the case may be, of a state; | | || 25 | | || ( | i | ) for appointment to public services and posts in connection with || affairs of the union or of any state except for appointment in such services and | | || posts as the central government may, by special order in that behalf, specify | | |30 (3) every notification issued under sub-section (1) shall be laid before each house of parliamentrenunciation of overseas citizen ofindia card357c (1) if any overseas citizen of india cardholder of full age and capacity makes in prescribed manner a declaration renouncing the card registering him as an overseas citizen of india cardholder, the declaration shall be registered by the central government, and upon such registration, that person shall cease to be an overseas citizen of india cardholder40 (2) where a person ceases to be an overseas citizen of india cardholder under sub-section (1), the spouse of foreign origin of that person, who has obtained overseas citizen of india card under clause (d) of sub-section (1) of section 7a, and every minor child of that person registered as an overseas citizen of india cardholder shall thereupon cease to be an overseas citizen of india cardholder7d the central government may, by order, cancel the registration granted under sub-section (1) of section 7a, if it is satisfied that—(a) the registration as an overseas citizen of india cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or45cancellation of registration as overseas citizen of india cardholder(b) the overseas citizen of india cardholder has shown disaffection towards the constitution, as by law established; or(c) the overseas citizen of india cardholder has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or5(d) the overseas citizen of india cardholder has, within five years after registration under sub-section (1) of section 7a, been sentenced to imprisonment for a term of not less than two years; or(e) it is necessary so to do in the interests of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, or in the interests of the general public; or10(f) the marriage of an overseas citizen of india cardholder, who has obtained such card under clause (d) of sub-section (1) of section 7a,—(i) has been dissolved by a competent court of law or otherwise; or (ii) has not been dissolved but, during the subsistence of such marriage, he has solemnised marriage with any other person"15amendment of section 185 in the principal act, in section 18, in sub-section (2), after clause (ee), the following clauses shall be inserted, namely:—"(eea) the conditions and the manner subject to which a person may be registered as an overseas citizen of india cardholder under sub-section (1) of section 7a;20(eeb) the manner of making declaration for renunciation of overseas citizen of india card under sub-section (1) of section 7c;" 6 in the principal act, in the third schedule, in clause (c), the following proviso shall be inserted, namely:—amendment of third schedule25"provided that if the central government is satisfied that special circumstances exist, it may, after recording the circumstances in writing, relax the period of twelve months up to a maximum of thirty days which may be in different breaks" 7 (1) the citizenship (amendment) ordinance, 2015 is hereby repealedrepeal and savingsord 1 of 2015(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 reasonsthe citizenship act, 1955 (the citizenship act) provides for the acquisition and determination of indian citizenship, after the commencement of the constitution by birth, descent, registration, naturalisation and citizenship by incorporation of territory and for renunciation, termination and deprivation of citizenship under certain circumstances2 the citizenship act has been amended, from time to time, inter alia, making enabling provisions for registration of overeas citizen of india cardholder, conferment of certain rights on such citizens, renunciation of overseas citizenship and cancellation of registration as overseas citizen of india cardholder3 the proposed amendments to the citizenship act are required due to certain lacunae that were noticed during its implementation and review of provisions in the citizenship act the proposed amendments, inter alia, provide for—(a) amendment of section 5 of the citizenship act, so as to,—(i) substitute the words "has been residing in india for one year" with the words "is ordinarily resident in india for twelve months" in clauses (f) and (g) of sub-section (1);(ii) substitute the words "overseas citizen of india" with the words"overseas citizen of india cardholder";(iii) insert new sub-section (1a) to enable the central government to relax the period of twelve months specified in clauses (f) and (g) and clause (i) of explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks; (b) substitution of sections 7a, 7b, 7c and 7d of the citizenship act to provide for—(i) registration of overseas citizen of india cardholder and also that the persons of indian origin cardholders shall be deemed to be overseas citizen of india cardholders;(ii) conferment of rights on overseas citizen of india cardholder; (iii) renunciation of overseas citizen of india card; (iv) cancellation of registration as overseas citizen of india cardholder;(c) insertion of a proviso to clause (c) of the third schedule to the citizenship act to empower the central government to relax the period of twelve months as resident of india or in the service of a government in india specified as one of the qualifications for grant of certificate of naturalisation by a period up to a maximum of thirty days which may be in different breaks 4 the bill seeks to achieve the above objectsnew delhi;haribhai parathibhai chaudharythe 20th february, 2015 memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules to provide for—(a) conditions and the manner subject to which a person may be registered as overseas citizen of india cardholder;(b) manner of declaration for renunciation of the overseas citizen of india card2 the matters in respect of which rules may be made are 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 memorandum explaining the modifications contained in the citizenship (amendment) bill, 2015 to replace the citizenship (amendment) ordinance, 2015the citizenship (amendment) bill, 2015, which seeks to repeal and replace the citizenship (amendment) ordinance, 2015, proposed to make the following modifications apart from modifications of consequential or drafting nature in the provisions contained in the said ordinance, namely:—(1) the words "or either of whose parents or grand-parents or great grandparents" have been inserted in the second proviso to sub-section (1) of section 7a;(2) sub-section (3) has been inserted after sub-section (2) of section 7a to provide that "notwithstanding anything contained in sub-section (1), the central government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an overseas citizen of india cardholder" annexure extracts from the citizenship act, 1955 (57 of 1955)interpretation 2 (1) in this act, unless the context otherwise requires,— (ee) "overseas citizen of india" means a person who—(i) is of indian origin being a citizen of a specified country, or (ii) was a citizen of india immediately before becoming a citizen of a specified country, citizenship by registrationand is registered as an overseas citizen of india by the central government under subsection (1) of section 7a; 5 (1) subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the central government may, on an application made in this behalf, register as a citizen of india any person not being an illegal migrant who is not already such citizen by virtue of the constitution or of any other provision of this act if he belongs to any of the following categories, namely:— (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent india, and has been residing in india for one year immediately before making an application for registration;(g) a person of full age and capacity who has been registered as an overseas citizen of india for five years, and who has been residing in india for one year before making an application for registration overseas citizenshipregistration of overseas citizens of india7a the central government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas citizen of india—(a) any person of full age and capacity,—(i) who is citizen of another country, but was a citizen of india at the time of, or at any time after, the commencement of the constitution; or(ii) who is citizen of another country, but was eligible to become a citizen of india at the time of the commencement of the constitution; or(iii) who is citizen of another country, but belonged to a territory that became part of india after the 15th day of august, 1947; or(iv) who is a child or a grand-child of such a citizen; or(b) a person, who is a minor child of a person mentioned in clause (a):provided that no person, who is or had been a citizen of pakistan, bangladesh or such other country as the central government may, by notification in the official gazette, specify, shall be eligible for registration as an overseas citizen of india7b (1) notwithstanding anything contained in any other law for the time being in force, an overseas citizen of india shall be entitled to such rights other than the rights specified under sub-section (2) as the central government may, by notification in the official gazette, specify in this behalf(2) an overseas citizen of india shall not be entitled to the rights conferred on a citizen of india—(a) under article 16 of the constitution with regard to equality of opportunity in matters of public employment;(b) under article 58 of the constitution for election as president; (c) under article 66 of the constitution for election of vice-president; (d) under article 124 of the constitution for appointment as a judge of the supreme court;(e) under article 217 of the constitution for appointment as a judge of the high court;43 of 1950(f) under section 16 of the representation of the people act, 1950 inregard to registration as a voter;43 of 1951(g) under sections 3 and 4 of the representation of the people act, 1951with regard to the eligibility for being a member of the house of the people or of the council of states, as the case may be;43 of 1951(h) under sections 5, 5a and 6 of the representation of the people act,1951 with regard to the eligibility for being a member of the legislative assembly or a legislative council, as the case may be, of a state;(i) for appointment to public services and posts in connection with the affairs of the union or of any state except for appointment in such services and posts as the central government may by special order in that behalf specify (3) every notification issued under sub-section (1) shall be laid before each house of parliamentrenunciation of overseas citizenship7c (1) if any overseas citizen of india of full age and capacity makes in the prescribed manner a declaration renouncing his overseas citizenship of india, the declaration shall be registered by the central government, and upon such registration, that person shall cease to be an overseas citizen of india(2) where a person ceases to be an overseas citizen of india under subsection (1), every minor child of that person registered as an overseas citizen of india, shall thereupon cease to be an overseas citizen of india7d the central government may, by order, cancel the registration granted under sub-section (1) of section 7a if it is satisfied that—| ( ||----------------------------------------------------------------------------|| of fraud, false representation or the concealment of any material fact; or || cancellation || of || registration || as overseas || citizen of || india |(b) the overseas citizen of india has shown disaffection towards the constitution of india as by law established; or(c) the overseas citizen of india has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or(d) the overseas citizen of india has, within five years after registration under sub-section (1) of section 7a has been sentenced to imprisonment for a term of not less than two years; or(e) it is necessary so to do in the interest of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, or in the interests of the general public the third schedule[see section 6 (1)] qualifications for naturalisationthe qualifications for naturalisation of a person are:— (c) that he has either resided in india or been in the service of a government in india or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application; ———— a billfurther to amend the citizenship act, 1955————(shri haribhai parathibhai chaudhary, minister of state for home affairs)gmgipmrnd—4634ls(s3)—23022015

Parliament_bills

4adae58c-b974-5586-acc9-2e81b61f97d6

bill no 217 of 2018 the mahatma gandhi national rural employment guarantee (amendment) bill, 2018 by shri nk premachandran, mp a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005be it enacted by the parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the mahatma gandhi national rural employment guarantee(amendment) act, 201842 of 2005amendment of section 32 in section 3 of the mahatma gandhi national rural employment guarantee act, 2005(hereinafter referred to as the principal act),—(a) in sub-section (1), for the words "one hundred days", the words "two hundred days" shall be substituted; and(b) for sub-section (2), the following sub-section shall be substituted, namely:—5"(2) every person who has done the work given to him shall be entitled to receive wages at the rate of rupees eight hundred or at the wage rate for each day of work, whichever is higher"10amendment of schedule ii3 in the principal act, in schedule ii, after paragraph 35, the following paragraphs shall be inserted, namely: —34 of 1948"36 every registered person under the scheme shall be entitled to the benefit of employees' state insurance scheme formulated under employees state insurance act, 19481537 it shall be the duty of the gram panchayat to register all registered persons after making such enquiry as it deems fit and to comply all the procedure formalities to issue employees' state insurance scheme card containing such details of members of the household affixing their photographs for extending the benefit of employees' state insurance scheme as may be prescribed by the state government" statement of objects and reasonsthe mahatma gandhi national rural employment guarantee act, 2005 is a social security legislation that provides employment for rural population and ensuring minimum number of employment dayskeeping in view the changing needs of the society, it is essential to amend the law for providing more working days, high wages and health amenities to the registered persons under the act the present number of days of employment wages are very less and the registered persons are not able to find out their primary needs depending on the employment and salary as per the scheme formulated under the parent act the social security welfare measures provided to the workers are also less it is highly necessary to increase the number of working days and wages moreover, providing health protection to the registered persons under employees' state insurance scheme is also inevitablethe bill, therefore, seeks to amend the mahatma gandhi national rural employment guarantee act, 2005 with a view to—(a) increase the maximum number of days of employment to the registered persons from hundred days to two hundred days;(b) increase the wages per day to a minimum of rupees eight hundred; and (c) extend the benefit of employees' state insurance scheme to all the registeredpersons under the acthence this billnew delhi;nk premachandrannovember 19, 2018 financial memorandumclause 2 of the bill provides for increasing the number of days of employment of the registered persons from one hundred days to two hundred days under the act it also provides for ensuring minimum wage of registered persons to rupees eight hundred for each day of work clause 3 provides for extending the benefit of employees' state insurance scheme to all the registered persons under 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 ten lakh crore per annum is likely to be involved from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause3 of the bill vide proposed paragraph 37 empowers the state government to prescribed rules for ensuring employees' state insurance scheme benefits to the registered persons as the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character annexure extract from the mahatma gandhi national rural employment guarantee act, 2005(42 of 2005)guarantee of rural employment to household3 (1) save as otherwise provided, the state government shall, in such rural area in the state as may be notified by the central government, provide to every household whose rural adult members volunteer to do unskilled manual work not less than one hundred days of such work in a financial year in accordance with the scheme made under this act(2) every person who has done the work given to him under the scheme shall be entitled to receive wages at the wage rate for each day of work schedule ii35 every worker shall have an opportunity of being heard and register any grievance either orally or in writing, at all implementation levels for disposal as per the provisions of the grievance redressal mechanism under the scheme———— a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005————(shri nk premachandran, mp)mgipmrnd—2078ls(s3)—18-12-2018

Parliament_bills

5075c41d-5920-5e35-8c95-7c3c700c3448

the rights of persons with disabilities bill, 2014—————— arrangement of clauses—————— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii rights and entitlements3equality and non-discrimination4community life5protection from cruelty and inhuman treatment6protection from abuse, violence and exploitation7protection and safety8home and family9reproductive rights10accessibility in voting11access to justice12legal capacity13provision for guardianship14designation of authorities to support chapter iii education15duty of educational institutions16specific measures to promote and facilitate inclusive education17adult education chapter iv skill development and employment18vocational training and self employment19non-discrimination in employment20equal opportunity policy21maintenance of records22appointment of grievance redressal officerclauses chapter v social security, health, rehabilitation and recreation 23 social security 24 health care 25 insurance schemes 26 rehabilitation 27 research and development 28 culture and recreation 29 sporting activities chapter vi special provisions for persons with benchmark disabilities 30 free education for children with benchmark disabilities 31 reservation in higher educational institutions 32 identification of posts for reservation 33 reservation 34 incentives to employers in private sector 35 special employment exchange 36 special schemes and development programmes chapter vii special provisons for persons with disabilities with high support needs 37 special provisions for persons with disabilities with high support chapter viii duties and responsibilities of appropriate governments 38 awareness campaigns 39 accessibility 40 access to transport 41 access to information and communication technology 42 consumer goods 43 mandatory observance of accessibility norms 44 time limit for making existing infrastructure and premises accessible and action for that purpose 45 time limit for accessibility by service providers 46 human resource development 47 social audit chapter ix registration of institutions for persons with disabilities and grants tosuch institutions48competent authority49registration50application and grant of certificate of registration51revocation of registration52appeal53act not to apply to institutions established or maintained by central or state government54assistance to registered institutionsclauses chapter x certification of specified disabilities55guidelines for assessment of specified disabilities56designation of certifying authorities57procedure for certification58appeal against decision of certifying authority chapter xicentral and state advisory boards on disability and district level committee59constitution of central advisory board on disability60terms and conditions of service of members61disqualification62vacation of seats by members63meetings of the central advisory board on disability64functions of central advisory board on disability65state advisory board on disability66terms and conditions of service of members67disqualification68vacation of seats69meetings of state advisory board on disability70functions of state advisory board on disability71district-level committee on disability72vacancies not to invalidate proceedings chapter xii national commission for persons with disability73constitution of national commission for persons with disabilities74selection and appointment of chairperson and members75term of office of chairperson and members76removal of chairperson and members77member to act as chairperson and to dischargefunctions in certain circumstances78terms and conditions of service of chairperson and members79vacancies, etc, not to invalidate proceedings of national commission80procedure for national commission81officers and other staff of national commission82transfer of service of existing employees83action by appropriate authorities on recommendation of national commission84national commission to have certain powers of civil court85annual and special reports of national commissionclauseschapter xiiistate commission for persons with disabilites86constitution of state commission for persons with disabilities87selection and appointment of chairperson and members88term of office of chairperson and members89removal of chairperson and members90member to act as chairperson and to dischargefunctions in certain circumstances91terms and conditions of service of chairperson and members92vacancies, etc, not to invalidate the proceedings of state commission93procedure of state commission94officers and other staff of state commission95transfer of service of existing employees to state commission96annual and special reports of state commission97transitory provisionschapter xivspecial court98special court99special public prosecutorchapter xvnational fund for persons with disabilities100national fund for persons with disabilities101accounts and auditchapter xvioffences and penalties102punishment for contravention of provisions of act or rules or regulations made thereunder103offences by companies104punishment for fraudulently availing any benefit meant for persons with benchmark disabilities105punishment for offences of atrocities106punishment for failure to furnish information107previous sanction of appropriate government108 alternative punishmentschapter xviimiscellaneous109application of other laws not barred110protection of action taken in good faith111power to remove difficulties112power to amend schedule113power of central government to make rules114power of state government to make rules115power of national commission to make regulations116power of state commission to make regulations117repeal and savingsthe schedule bill no i of 2014 the rights of persons with disabilities bill, 2014 a billto give effect to the united nations convention on the rights of persons with disabilities and for matters connected therewith or incidental theretowhereas the united nations general assembly adopted its convention on the rights of persons with disabilities on the 13th day of december, 2006;and whereas the aforesaid convention lays down the following principles for empowerment of persons with disabilities,—(a) respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons;(b) non-discrimination; (c) full and effective participation and inclusion in society; (d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;(e) equality of opportunity; (f) accessibility; (g) equality between men and women; (h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities;and whereas india is a signatory to the said convention;and whereas india ratified the said convention on the 1st day of october, 2007;and whereas it is considered necessary to implement the convention aforesaidbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the rights of persons with disabilities act, 2014 (2) it extends to the whole of india except the state of jammu and kashmir5short 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) "appellate authority" means an authority notified under sub-section (1) of section 52 or designated under sub-section (1) of section 58, as the case may be;10(b) "appropriate government" means,—41 of 2006(i) in relation to the central government or any establishment wholly or substantially financed by that government, or a cantonment board constituted under the cantonments act, 2006, the central government;15(ii) in relation to a state government or any establishment, wholly or substantially financed by that government, or any local authority, other than a cantonment board, the state government (c) "barrier'' means any factor including communicational, cultural, economic, environmental, institutional, political, social or structural factors which hampers the full and effective participation of persons with disabilities in society;20(d) "care-giver" means any person including parents and other family members who with or without payment provides care, support or assistance to a person with disability;25(e) "certifying authority" means an authority designated under sub-section (1)of section 56;(f) "communication" includes means and formats of communication, languages, display of text, braille, tactile communication, signs, large print, accessible multimedia, written, audio, plain-language, human-reader, augmentative and alternative modes and accessible information and communication technology;30(g) "competent authority" means an authority appointed under section 48;(h) "establishment" means a corporation established by or under a central act or state act or an authority or a body owned or controlled or aided by the government or a local authority or a government company as defined in section 2 of the companies act, 2013 and includes department of a government;(i) "fund" means the national fund constituted under section 100;5(j) "high support" means an intensive support, physical, psychological and otherwise, which may be required by a person with benchmark disability for daily activities, accessing facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy;(k) "inclusive education" means a system of education wherein students with and without disability learn together and the system of teaching and learning is suitably adapted to meet the learning needs of different types of students with disabilities;10(l) "institution" means an institution for the reception, care, protection, education, training, rehabilitation and any other activities for persons with disabilities;41 of 2006(m) "local authority" means a municipality or a panchayat, as defined in clause (e)and clause (f) of article 243p of the constitution; a cantonment board constituted under of the cantonments act, 2006; and any other authority established under an act of parliament or a state legislature to administer the civic affairs;15(n) "national commission" means the national commission for persons with disabilities constituted under section 73(o) "notification" means a notification published in the official gazette and the expression "notify" or "notified" shall be construed accordingly;20(p) "person with benchmark disability" means a person with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority;25(q) "person with disability" means a person with long term physical, mental, intellectual or sensory impairment which hinder his full and effective participation in society equally with others;(r) "person with disability having high support needs" means a person with benchmark disability certified under clause (a) of sub-section (2) of section 57 who needs high support;(s) "prescribed" means prescribed by rules made under this act;30(t) "reasonable accommodation" means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others;35(u) "registered organisation" means an association of persons with disabilities or a disabled person organisation, association of parents of persons with disabilities, association of persons with disabilities and family members, or a voluntary or nongovernmental or charitable organisation or trust, society, or non-profit company working for the welfare of the persons with disabilities, duly registered under an act of parliament or a state legislature;40(v) "rehabilitation" refers to a process aimed at enabling persons with disabilitiesto attain and maintain optimal, physical, sensory, intellectual, psychiatric or social function levels;(w) "special employment exchange" means any office or place established andmaintained by the government for the collection and furnishing of information, either by keeping of registers or otherwise, regarding—45(i) persons who seek to engage employees from amongst the personssuffering from disabilities;(ii) persons with benchmark disability who seek employment; (iii) vacancies to which persons with benchmark disabilities seeking employment may be appointed; (x) "specified disability" means the disabilities as specified in the schedule;5(y) "state commission" means a state commission for persons with disabilities constituted under section 86 of this act;(z) "universal design" means the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialised design and shall apply to assistive devices including advanced technologies for particular group of persons with disabilities10 chapter ii rights and entitlements3 (1) the appropriate government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with othersequality and nondiscrimination15 (2) the appropriate government shall take special measures to protect the rights of women and children with disability and also take steps to utilise the capacity of persons with disabilities by providing appropriate environment (3) no person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is appropriate to achieve a legitimate aim20 (4) no person shall be deprived of his or her personal liberty only on the ground of disability4 (1) the persons with disabilities shall have the right to live in the communitycommunity life (2) the appropriate government shall endeavour that the persons with disabilities are,—(a) not obliged to live in any particular living arrangement; and25(b) given access to a range of in-house, residential and other community support services, including personal assistance necessary to support living with due regard to age and gender 5 (1) the appropriate government shall take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment30protection from cruelty and inhuman treatment (2) no person with disability shall be a subject of any research without,—(i) his or her free and informed consent obtained through accessible modes, means and formats of communication; and35 (ii) prior permission of an ethics committee constituted in the prescribed manner for the purpose by the appropriate government in which not less than half of the members shall themselves be either persons with disabilities or members of the registered organisation as defined under clause (u) of section 2406 (1) the appropriate government shall take measures to protect persons with disabilities from all forms of abuse, violence and exploitation, and to prevent the same, shall—protection from abuse, violence and exploitation(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents;(b) take steps for avoiding such incidents and prescribe the procedure for its reporting;45(c) take steps to rescue, protect and rehabilitate victims of such incidents; and(d) create awareness and make available information among the public5 (2) any person or registered organisation who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the executive magistrate within the local limits of whose jurisdiction such incidents occur (3) the executive magistrate on receipt of such information, shall take immediate steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order—10(a) to rescue the victim of such act, authorising the police or any organisationworking for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be;(b) for providing protective custody to the person with disability, if such personso desires;(c) to provide maintenance to such person with disability15 (4) any police officer who receives a complaint or otherwise comes to know of abuse,violence or exploitation towards any person with disability shall inform the aggrieved person of—(a) his or her right to apply for protection under sub-section (2) and the particulars of the executive magistrate having jurisdiction to provide assistance;20(b) the particulars of the nearest organisation or institution working for therehabilitation of persons with disabilities;(c) the right to free legal aid; and (d) the right to file a complaint under the provisions of this act or any other lawdealing with such offence:25 provided that nothing in this section shall be construed in any manner as to relievethe police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence45 of 186030(5) if the executive magistrate finds that the alleged act or behaviour constitutes anoffence under the indian penal code, or under any other law for the time being in force, he may forward the complaint to that effect to the judicial or metropolitan magistrate, as the case may be, having jurisdiction in the matterprotection and safety7 (1) the persons with disabilities shall have equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters3553 of 2005(2) the national disaster management authority and the state disaster management authority shall take appropriate measures to ensure inclusion of persons with disabilities in its disaster management activities as defined under clause (e) of section 2 of the disaster management act, 2005 for the safety and protection of persons with disabilities53 of 200540(3) the district disaster management authority constituted under section 25 of thedisaster management act, 2005 shall maintain record of details of persons with disabilities in the district and take suitable measures to inform such persons of any situations of risk so as to enhance disaster preparedness(4) the authorities engaged in reconstruction activities subsequent to any situation of risk, armed conflict or natural disasters shall undertake such activities, in consultation with the concerned state commission, in accordance with the accessibility requirements of persons with disabilities45| home | and ||----------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------|| family | || 8 | ( || of disability except on an order of competent court, if required, in the best interest of the | || child | || 5 | || ( | 2 || court shall place such child with his or her near relations, and failing that within the community | || in a family setting or in exceptional cases in shelter home run by the appropriate government | || or non-governmental organisation, as may be required | || reproductive | || rights | || 9 | ( || access to appropriate information regarding reproductive and family planning | || 10 | || ( | 2 || infertility without his or her free and informed consent | || accessibility | || in voting | || 10 | the election commission of india and the state election commissions shall ensure || that all polling stations are accessible to persons with disabilities and all materials related to | || the electoral process are easily understandable by and accessible to them | || 15 | || access | || to justice | || 11 | ( || to exercise the right to access any court, tribunal, authority, commission or any other body | || having judicial or quasi-judicial or investigative powers without discrimination on the basis | || of disability | || 20 | || ( | 2 || measures for persons with disabilities specially those living outside family and those disabled | || requiring high support for exercising legal rights | || 39 of 1987 | || ( | 3 || constituted under the legal services authorities act, 1987 shall make provisions including | || reasonable accommodation to ensure that persons with disabilities have access to any | || scheme, programme, facility or service offered by them equally with others | || 25 | |(4) the appropriate government shall take steps to—| ( | a | ) ensure that all their public documents are in accessible formats; ||------------------------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------------|| ( | b | ) ensure that the filing departments, registry or any other office of records are || supplied with necessary equipment to enable filing, storing and referring to the | | || documents and evidence in accessible formats; and | | || 30 | | || ( | c | ) make available all necessary facilities and equipment to facilitate recording || of testimonies, arguments or opinion given by persons with disabilities in their preferred | | || language and means of communication | | || legal capacity | | || 35 | | || 12 | ( | 1 || have right, equally with others, to own or inherit property, movable or immovable, control | | || their financial affairs and have access to bank loans, mortgages and other forms of financial | | || credit | | || 40 | | || ( | 2 | ) when a conflict of interest arises between a person providing support and a || person with disability in a particular financial, property or other economic transaction, then | | || such supporting person shall abstain from providing support to the person with disability in | | || that transaction: | | | provided that there shall not be a presumption of conflict of interest just on the basis that the supporting person is related to the person with disability by blood, affinity or adoption45(3) a person with disability may alter, modify or dismantle any support arrangementand seek the support of another: provided that such alteration, modification or dismantling shall be prospective in nature and shall not nullify any third party transaction entered into by the person with disability with the aforesaid support arrangement5 (4) any person providing support to the person with disability shall not exercise undue influence and shall respect his or her autonomy, dignity and privacyprovision for guardianship1013 (1) notwithstanding anything contained in any other law for the time being in force, on and from the date of commencement of this act, where a district court records a finding that a mentally ill person is incapable of taking care of himself or herself and of taking any legally binding decisions on his or her own, it shall make an order for appointment of limited guardian to take care of such mentally ill person and take all legal binding decisions on his or her behalf in consultation with such person: provided that the district court may grant plenary guardianship to the mentally ill person under extraordinary situations where limited guardianship could not be awardedexplanation—for the purposes of this section,—15 20(i) "plenary guardianship" means a guardianship whereby subsequent to afinding of incapacity, a guardian substitutes for the person with disability as the person before the law and takes all legally binding decisions for him and the decisions of the person with disability have no binding force in law during the subsistence of the guardianship and the guardian is under no legal obligation to consult with the person with disability or determine his or her will or preference whilst taking decisions for him; and(ii) "limited guardianship" means a system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability25(2) on and from the date of commencement of this act, every guardian appointed under any provision of any law for mentally ill person shall be deemed to function as limited guardian:30 provided that where a guardian appointed prior to the commencement of this act, is unable to function as limited guardian, the concerned district court may grant plenary guardianship afresh taking into account all relevant records of the concerned mentally ill person within six months from the date of commencement of this act35explanation—for the purposes of this section "district court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which the state government may, by notification, specify as the court competent to deal with all or any of the matters specified in this actdesignation of authorities to support14 (1) the appropriate government shall designate one or more authorities to mobilise the community and create social awareness to support persons with disabilities in exercise of their legal capacity40 (2) the authority designated under sub-section (1) shall take measures for setting up suitable support arrangements to exercise legal capacity by persons with disabilities living in institutions and those with high support needs and any other measures as may be required chapter iii education45duty of e d u c a t i o n a l institutions 15 the appropriate government and the local authorities shall endeavour that all educational institutions funded by them provide inclusive education to the children with disabilities and towards that end shall—(i) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others;(ii) make building, campus and various facilities accessible; (iii) provide reasonable accommodation according to the individual's requirements;(iv) provide necessary support individualised or otherwise in environments that maximise academic and social development consistent with the goal of full inclusion;5(v) ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication;(vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them;10(vii) monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability;(viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs 16 the appropriate government and the local authorities shall take the following measures for the purpose of section 15, namely:—15specific measures to promote and facilitate inclusive education(a) to conduct survey of school going children for identifying children with disabilities, ascertaining their special needs and the extent to which these are being met;(b) to establish adequate number of teacher training institutions;20(c) to train and employ teachers, including teachers with disability who are qualified in sign language and braille and also teachers who are trained in teaching children with intellectual disability;(d) to train professionals and staff to support inclusive education; (e) to establish adequate number of resource centres to support educational institutions;25(f) to promote the use of appropriate augmentative and alternative modes including means and formats of communication, braille and sign language to supplement the use of one's own speech to fulfill the daily communication needs of persons with speech, communication or language disabilities and enables them to participate and contribute to their community and society;30(g) to provide books, other learning materials and appropriate assistive devices to students with benchmark disabilities free of cost up to the age of eighteen years and either free or at affordable cost, thereafter;(h) to provide scholarships in appropriate cases to students with benchmark disability;35(i) to make suitable modifications in the curriculum and examination system to meet the needs of students with disabilities such as extra time for completion of examination paper, facility of scribe or amanuensis, exemption from second and third language courses;(j) to promote research to improve learning; and40(k) any other measures, as may be requiredadult education17 the appropriate government and the local authorities shall take measures to promote participation of persons with disabilities in adult education and continuing education programmes equally with others chapter iv skill development and employment18 the appropriate government shall formulate schemes and programmes including provision of loans at concessional rates to facilitate and support employment of persons with disabilities especially for their vocational training and self-employment5vocational training and self employment19 (1) no establishment shall discriminate against any person with disability in anymatter relating to employment:nondiscrimination in employment10 provided that the appropriate government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section(2) every establishment shall provide appropriate environment to employees with disabilities(3) no promotion shall be denied to a person merely on the ground of disability (4) no establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service:15provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits:20provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlierequal opportunity policy20 (1) every establishment shall notify equal opportunity policy detailing measuresproposed to be taken by it in pursuance of the provisions of this chapter in the manner as may be prescribed by the central government25 (2) every establishment shall register a copy of the said policy with the national commission or the state commission, as the case may bemaintenance of records 21 (1) every establishment shall maintain records of the persons with disabilities inrelation to the matter of employment, facilities provided and other necessary information in compliance with the provisions of this chapter in such form and manner as may be prescribed by the central government30(2) every employment exchange shall maintain records of persons with disabilities seeking employment(3) the records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in their behalf by the appropriate government35| 22 ||---------------------------------------------------------------------------------------------|| of section 19 and shall inform the national commission or the state commission, as the case || may be, about the appointment of such officer || appointment || of grievance || redressal || officer |(2) any person aggrieved with the non-compliance of the provisions of section 19, may file a complaint with the grievance redressal officer, who shall investigate it and shall take up the matter with the establishment for corrective action40(3) the grievance redressal officer shall maintain a register of complaints in the manner as may be prescribed by the central government, and every complaint shall be enquired within two weeks of its registration(4) if the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the district-level committee on disability45 chapter v social security, health, rehabilitation and recreationsocial security523 (1) the appropriate government shall within the limit of its economic capacity anddevelopment formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community: provided that the quantum of assistance to the persons with disabilities under such schemes and programmes shall be at least twenty-five per cent higher than the similar schemes applicable to others10(2) the appropriate government while devising these schemes and programmes shall give due consideration to the diversity of disability, gender, age, and socio-economic status(3) the schemes under sub-section (1) shall provide for,—| ( | a | ) community centres with good living conditions in terms of safety, sanitation, ||------------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------------|| health care and counseling; | | || 15 | | || ( | b | ) facilities for persons including children with disabilities who have no family || or have been abandoned, or are without shelter or livelihood | ; | || ( | c | ) support during natural or man-made disasters and in areas of conflict || ( | d | ) support to women with disability for livelihood and for upbringing of their || children; | | || 20 | | || ( | e | ) access to safe drinking water and appropriate and accessible sanitation || facilities especially in urban slums and rural areas; | | || ( | f | ) provisions of aids and appliances, medicine and diagnostic services and || corrective surgery free of cost to persons with disabilities with such income ceiling as | | || may be notified; | | || 25 | | || ( | g | ) disability pension to persons with disabilities subject to such income ceiling || as may be notified; | | || ( | h | ) unemployment allowance to persons with disabilities registered with special || employment exchange for more than two years and who could not be placed in any | | || gainful occupation; | | || ( | i | ) care-giver allowance to persons with disabilities with high support needs; || 30 | | || ( | j | ) comprehensive insurance scheme for persons with disability, not covered || under the employees state insurance schemes, or any other statutory or government- | | || sponsored insurance schemes; | | || ( | k | ) any other matter which the appropriate government may think fit || health care | | || 35 | | || 24 | ( | 1 || measures for the persons with disabilities to provide,— | | || ( | a | ) free health care in the vicinity specially in rural area subject to such family || income as may be notified; | | || ( | b | ) barrier-free access in all parts of the hospitals and other healthcare institutions || and centres run or aided by them; | | || 40 | | || ( | c | ) priority in attendance and treatment |(2) the appropriate government and the local authorities shall take measures and make schemes or programmes to promote health care and prevent the occurrence of disabilities and for the said purpose shall—(a) undertake or cause to be undertaken surveys, investigations and researchconcerning the cause of occurrence of disabilities;(b) promote various methods for preventing disabilities; (c) screen all the children at least once in a year for the purpose of identifying"at-risk" cases;5(d) provide facilities for training to the staff at the primary health centres; (e) sponsor or cause to be sponsored awareness campaigns and disseminate orcause to be disseminated information for general hygiene, health and sanitation;(f) take measures for pre-natal, perinatal and post-natal care of mother and child;10(g) educate the public through the pre-schools, schools, primary health centres,village level workers and anganwadi workers;(h) create awareness amongst the masses through television, radio and othermass media on the causes of disabilities and the preventive measures to be adopted;(i) health care during the time of natural disasters and other situations of risk;15(j) essential medical facilities for life saving emergency treatment and procedures;and(k) sexual and reproductive health care especially for women with disabilityinsurance schemes25 the appropriate government shall, by notification, make insurance schemes for their employees with disabilities20rehabilitation26 (1) the appropriate government and the local authorities shall within their economiccapacity and development, undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons with disabilities25 (2) for the purposes of sub-section (1), the appropriate government and the local authorities may grant financial assistance to non-government organisations (3) the appropriate government and the local authorities, while formulating rehabilitation policies shall consult the non-governmental organisations working for the cause of persons with disabilitiesresearch and development3027 the appropriate government shall initiate or cause to be initiated research and development through individuals and institutions on issues which shall enhance habilitation and rehabilitation and on such other issues which are necessary for the empowerment of persons with disabilitiesculture and recreation3528 the appropriate government and the local authorities shall take measures to promote and protect the rights of all persons with disabilities to have a cultural life and to participate in recreational activities equally with others which include,—(a) facilities, support and sponsorships to artists and writers with disability topursue their interests and talents;(b) establishment of a disability history museum which chronicles and interpretsthe historical experiences of persons with disabilities;(c) making art accessible to persons with disabilities;40(d) promoting recreation centres, and other associational activities; (e) facilitating participation in scouting, dancing, art classes, outdoor camps andadventure activities;45(f) redesigning courses in cultural and arts subjects to enable participation andaccess for persons with disabilities; and| ( | g | ) developing technology, assistive devices and equipments to facilitate access ||--------------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------------|| and inclusion for persons with disabilities in recreational activities | | || sporting | | || activities | | || 29 | ( | 1 || in sporting activities of the persons with disabilities | | || 5 | | || ( | 2 | ) the sports authorities shall accord due recognition to the right of persons with || disabilities to participate in sports and shall make due provisions for the inclusion of persons | | || with disabilities in their schemes and programmes for the promotion and development of | | || sporting talents | | | (3) without prejudice to the provisions contained in sub-sections (1) and (2), the appropriate government and the sports authorities shall take measures to,—10(a) restructure courses and programmes to ensure access, inclusion andparticipation of persons with disabilities in all sporting activities;(b) redesign and support infrastructure facilities of all sporting activities forpersons with disabilities;15(c) develop technology to enhance potential, talent, capacity and ability insporting activities of all persons with disabilities;(d) provide multi-sensory essentials and features in all sporting activities toensure effective participation of all persons with disabilities;20(e) allocate funds for development of state of art sport facilities for training ofpersons with disabilities;(f) promote and organise disability specific sporting events for persons withdisabilities chapter vi special provisions for persons with benchmark disabiilites2535 of 200930 (1) notwithstanding anything contained in the rights of children to free and compulsory education act, 2009, every child with benchmark disability between the age of six to eighteen years shall have the right to free education in a neighbourhood school, or in a special school, if necessaryfree education for children with benchmark disabilities30 (2) the appropriate government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years31 (1) all government institutions of higher education and other higher education institutions receiving aid from the government shall reserve not less than five per cent seats for persons with benchmark disabilities;reservation in higher educational institutions35 (2) the persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education32 the appropriate government shall—identification of posts for reservation(i) identify posts in the establishments to be reserved for the persons withbenchmark disability;40(ii) review and update the list of identified posts, taking into consideration thedevelopments in technology, at periodical intervals not exceeding five yearsreservation45 33 (1) every appropriate government shall reserve in every establishment underthem, not less than five per cent of the vacancies meant to be filled for persons or class of persons with benchmark disability, of which one per cent each shall be reserved for the persons with following disabilities,—(a) blindness and low vision; (b) hearing impairment and speech impairment; (c) locomotor disability including cerebral palsy, leprosy cured and musculardystrophy;(d) autism, intellectual disability and mental illness;5(e) multiple disabilities from amongst persons under clauses (a) to (d) includingdeaf-blindness in the posts identified for each disabilities:10provided that the appropriate government may, having regard to the type of work carried on in any department or establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this sectionexplanation—for the purposes of this section, the computation of reservation of vacancies for the persons with benchmark disabilities shall be computed on five per cent of the total cadre strength15 20 (2) where in any recruitment year any vacancy cannot be filled up due to nonavailability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate government25 (3) the appropriate government shall, by notification, provide relaxation of upper agelimit up to five years for employment of persons with benchmark disabilityincentives to employers in private sector3034 the appropriate government and the local authorities shall, within the limit of their economic capacity and development, provide incentives to employer in private sector to ensure that at least five per cent of their work force is composed of persons with benchmark disabilityspecial employment exchange3535 the appropriate government may, by notification, require that from such date, the employer in every establishment shall furnish such information or return as may be prescribed by the central government in relation to vacancies appointed for persons with benchmark disability that have occurred or are about to occur in that establishment to such special employment exchange as may be notified by the central government and the establishment shall thereupon comply with such requisition36 the appropriate government and the local authorities shall, by notification, make schemes in favour of persons with benchmark disabilities, to provide,—special schemes and development programmes40| ( | a | ) five per cent reservation in allotment of agricultural land and housing in all ||---------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------------|| relevant schemes and development programmes, with appropriate priority to women | | || with benchmark disabilities; | | || ( | b | ) five per cent reservation in all poverty alleviation and various developmental || schemes with priority to women with benchmark disabilities; | | |45| ( ||--------------------------------------------------------------------------------------|| such land is to be used for the purpose of promoting housing, shelter, setting up of || occupation, business, enterprise, recreation centers and production centers | chaper vii special provisions for persons with disabilities with high support needs37 (1) any person with benchmark disability, who considers himself to be in need of high support, or any person or organisation on his or her behalf, may apply to an authority, to be notified by the appropriate government, requesting to provide high support5special provisions for persons with disabilities with high support (2) on receipt of an application under sub-section (1), the authority shall refer it to an assessment board consisting of such members as may be prescribed by the central government10 (3) the assessment board shall assess the case referred to it under sub-section (1) in such manner as may be prescribed by the central government, and shall send a report to the authority certifying the need of high support and its nature (4) on receipt of a report under sub-section (3), the authority shall take steps to provide support in accordance with the report and subject to relevant schemes and orders of the appropriate government in this behalf chapter viii15 duties and responsibilities of appropriate governmentsawareness campaigns38 (1) the appropriate government, in consultation with the national commission orthe state commission, as the case may be, shall conduct, encourage, support or promote awareness campaigns and sensitisation programmes to ensure that the rights of the persons with disabilities provided under this act are protected20 (2) the programmes and campaigns specified under sub section (1) shall also,—| ( | a | ) promote values of inclusion, tolerance, empathy and respect for diversity; ||---------------------------------------------------------------------------------------------|---------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| ( | b | ) advance recognition of the skills, merits and abilities of persons with || disabilities and of their contributions to the workforce, labour market and professional | | || fee; | | || 25 | | || ( | c | ) foster respect for the decisions made by persons with disabilities on all || matters related to family life, relationships, bearing and raising children; | | || ( | d | ) provide orientation and sensitisation at the school, college, university and || professional training level on the human condition of disability and the rights of | | || persons with disabilities; | | || 30 | | || ( | e | ) provide orientation and sensitisation on disabling conditions and rights of || persons with disabilities to employers, administrators and co-workers | | || ( | f | ) ensure that the rights of persons with disabilities are included in the curriculum || in universities and colleges | | || accessibility | | || 35 | | || 39 | the national commission shall, formulate regulations for the persons with | || disabilities laying down the standards of accessibility for the physical environment, | | || transportation, information and communications, including appropriate technologies and | | || systems, and other facilities and services provided to the public in urban and rural areas | | || 40 | | (1 || access | to | || transport | | || 40 | | || ( | a | ) facilities for persons with disabilities at bus stops, railway stations and || airports conforming to the accessibility standards relating to parking spaces, toilets, | | || ticketing counters and ticketing machines; | | || 45 | | || ( | b | ) access to all modes of transport that conform the design standards, including || retrofitting old modes of transport, wherever technically feasible and safe for persons | | || with disabilities, economically viable and without entailing major structural changes in | | || design; | | |(c) accessible roads to address mobility necessary for persons with disabilities (2) the appropriate government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,— (a) incentives and concessions; (b) retrofitting of vehicles; and5(c) personal mobility assistance;41 the appropriate government shall take measures to ensure that,—| ( | i | ) all contents available in audio, print and electronic media are in accessible ||---------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------|------------------------------------------------------------------------------------|| format; | | || access to | | || information | | || and | | || communication | | || technology | | || 10 | | || ( | ii | ) persons with disabilities have access to electronic media by providing audio || description, sign language interpretation and close captioning; | | || ( | iii | ) electronic goods and equipment which are meant for every day use are || available in universal design | | || consumer | | || goods | | || 15 | | || 42 | the appropriate government shall take measures to promote development, | || production and distribution of universally designed consumer products and accessories for | | || general use for persons with disabilities | | || | 43 | ( || building plan does not adhere to the regulations formulated by the national commission | | || under section 39 | | || mandatory | | || observance of | | || accessibility | | || norms | | || 20 | | || ( | 2 | ) no establishment shall be issued a certificate of completion or allowed to take || occupation of a building unless it has adhered to the regulations formulated by the national | | || commission | | || 25 | | || 44 | ( | 1 || regulations formulated by the national commission within a period not exceeding five years | | || from the date of notification of such regulations: | | || provided that the central government may grant extension of time to the states on a | | || case to case basis for adherence to this provision depending on their state of preparedness | | || and other related parameters | | || time limit | | || for making | | || existing | | || infrastructure | | || and premises | | || accessible and | | || action for | | || that purpose | | || 30 | | || ( | 2 | ) the appropriate government and the local authorities shall formulate and publish || an action plan based on prioritization, for providing accessibility in all their buildings and | | || spaces providing essential services such as all primary health centres, civil hospitals, schools, | | || railway stations and bus stops | | || 35 | | || 45 | the service providers shall provide services in accordance with the regulations on | || accessibility formulated by the national commission under section 39 within a period of two | | || years from the date of notification of such regulations: | | || time limit | | || for | | || accessibility | | || by service | | || providers | | || provided that the central government, in consultation with the national commission, | | || may grant extension of time for providing certain category of services in accordance with the | | || said regulations | | || 40 | | || human | | || resource | | || development | | || 34 of 1992 | | || 46 | ( | 1 || constituted under the rehabilitation council of india act, 1992, the appropriate government | | || shall endeavour to develop human resource for the purposes of this act and to that end | | || shall,— | | || ( | a | ) mandate training on disability rights in all courses for the training of || panchayati raj members, legislators, administrators, police officials, judges and lawyers; | | || 45 | | || ( | b | ) induct disability as a component for all education courses for schools, colleges || and university teachers, doctors, nurses, para-medical personnel, social welfare officers, | | || rural development officers, asha workers, | anganwadi | workers, engineers, architects, ||---------------------------------------------------------------------------------------|--------------|----------------------------------------------------------------------------------------|| other professionals and community workers; | | || ( | c | ) initiate capacity building programmes including training in independent living || and community relationships for families, members of community and other stakeholders | | || and care providers on care giving and support; | | || 5 | | || ( | d | ) ensure independence training for persons with disabilities to build community || relationships on mutual contribution and respect; | | || ( | e | ) conduct training programmes for sports teachers with focus on sports, games, || adventure activities; | | || 10 | | || ( | f | ) any other capacity development measures as may be required || ( | 2 | ) all universities shall promote teaching and research in disability studies including || establishment of study centres for such studies | | || 15 | | | (3) in order to fulfil the obligation stated in sub-section (1), the appropriate government shall in every five years undertake a need based analysis and formulate plans for the recruitment, induction, sensitization, orientation and training of suitable personnel to undertake the various responsibilities under this actsocial audit47 the appropriate government shall undertake social audit of all general schemesand programmes involving the persons with disabilities to ensure that the scheme and programmes do not have an adverse impact upon the persons with disabilities and need the requirements and concerns of persons with disabilities20 chapter ix registration of institutions for persons with disabilities and grants to such institutionscompetent authority2548 the state government shall appoint an authority as it deems fit to be a competentauthority for the purposes of this chapterregistration49 save as otherwise provided under this act, no person shall establish or maintainany institution for persons with disabilities except in accordance with a certificate of registration issued in this behalf by the competent authority:3014 of 1987 provided that an institution for care of mentally ill persons, which holds a valid licenceunder section 8 of the mental health act, 1987 or any other act for the time being in force, shall not be required to be registered under this act50 (1) every application for a certificate of registration shall be made to the competentauthority in such form and in such manner as may be prescribed by the state governmentapplication and grant of certificate of registration35 (2) on receipt of an application under sub-section (1), the competent authority shallmake such enquiries as it may deem fit and on being satisfied that the applicant has complied with the requirements of this act and the rules made thereunder, it shall grant a certificate of registration to the applicant and if not satisfied, the competent authority shall, by order, refuse to grant the certificate applied for:40provided that before making any order refusing to grant a certificate, the competent authority shall give the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in writing (3) no certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and meet such standards as may be prescribed by the state government (4) the certificate of registration granted under sub-section (2) ,—45(a) shall, unless revoked under section 51 remain in force for such period as may be prescribed by the state government;(b) may be renewed from time to time for a like period; and (c) shall be in such form and shall be subject to such conditions as may be prescribed by the state government5 (5) an application for renewal of a certificate of registration shall be made not less than sixty days before the expiry of the period of validity (6) a copy of the certificate of registration shall be displayed by the institution in a conspicuous place10 (7) every application made under sub-section (1) or sub-section (5) shall be disposed of by the competent authority within such period as may be prescribed by the state government51 (1) the competent authority may, if it has reason to believe that the holder of a certificate of registration granted under sub-section (2) of section 49 has,—revocation of registration(a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or15(b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may, after making such inquiry, as it deems fit, by order, revoke the certificate:provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked20 (2) where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation: provided that where an appeal lies under section 52 against the order of revocation, such institution shall cease to function,—25(a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or(b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal30 (3) on the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be—(a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be, or(b) transferred to any other institution specified by the competent authority35(4) every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authorityappeal52 (1) any person aggrieved by the order of the competent authority refusing to granta certificate of registration or revoking a certificate of registration may, within such period as may be prescribed by the state government, prefer an appeal to such appellate authority, as may be notified by the state government against such refusal or revocation40 (2) the order of the appellate authority on such appeal shall be final 53 nothing contained in this chapter shall apply to an institution for persons with disabilities established or maintained by the central government or a state governmentact not to apply to institutions established or maintained by central or state governmentassistance to registered institutions54 the appropriate government may within the limits of their economic capacity anddevelopment, grant financial assistance to registered institutions to provide services and to implement the schemes and programmes in pursuance of the provisions of the act chapter x certification of specified disabilities555 the central government shall notify guidelines for the purpose of assessing theextent of specified disability in a personguidelines for assessment of specified disabilities designation of certifying authorities1056 (1) the appropriate government shall designate persons, having requisitequalifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability (2) the appropriate government shall also notify the jurisdiction within which and theterms and conditions subject to which, the certifying authority shall perform its certification functionsprocedure for certification1557 (1) any person with specified disability, may apply, in such manner as may beprescribed by the central government, to a certifying authority having jurisdiction, for issuing of a certificate of disability (2) on receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 55, and shall, after such assessment, as the case may be,—20(a) issue a certificate of disability to such person, in such form as may beprescribed by the central government;(b) inform him in writing that he has no specified disability25appeal against a decision of certifying authority58 (1) any person aggrieved with decision of the certifying authority, may appealagainst such decision, within such time and in such manner as may be prescribed by the state government, to such appellate authority as the state government may designate for the purpose (2) on receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the state government chapter xi central and state advisory boards on disability and district level committee3059 (1) the central government shall, by notification, constitute a body to be known as the central advisory board on disability to exercise the powers conferred on, and to perform the functions assigned to it, under this actconstitution of central advisory board on disability (2) the central advisory board shall consist of,—35(a) the minister in charge of department of disability affairs in the centralgovernment, chairperson, ex officio;(b) the minister of state in charge dealing with department of disability affairs in the ministry in the central government, vice chairperson, ex officio;40(c) three members of parliament, of whom two shall be elected by lok sabha and one by the rajya sabha; members, ex officio;(d) the ministers in charge of disability affairs of all states and administrators or lieutenant governors of the union territories, members, ex officio;(e) secretaries to the government of india in charge of the ministries or departments of disability affairs, social justice and empowerment, school education and literacy, and higher education, women and child development, expenditure,455personnel and training, administrative reforms and public grievances, health and family welfare, rural development, panchayati raj, industrial policy and promotion, urban development, housing and urban poverty alleviation, science and technology, communications and information technology, legal affairs, public enterprises, youth affairs and sports, road transport and highways and civil aviation, members, ex officio;(f) secretary, planning commission, member, ex officio; (g) chairperson, rehabilitation council of india, member, ex officio;10(h) chairperson, national trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities, member, ex officio;(i) chairman-cum-managing director, national handicapped finance development corporation, member, ex officio;(j) chairman-cum-managing director, artificial limbs manufacturing corporation, member, ex officio;(k) chairman, railway board, member, ex officio;15(l) director-general, employment and training, ministry of labour and employment, member, ex officio;(m) director, national council for educational research and training, member, ex officio;20(n) chairperson, national council of teacher education, member, ex officio;(o) chairperson, university grants commission, member, ex officio;(p) chairperson, medical council of india, member, ex officio; (q) directors of the following institutes:—(i) national institute for the visually handicapped, dehradun;25(ii) national institute for the mentally handicapped, secundrabad; (iii) pandit deen dayal upadhyay institute for the physically handicapped,new delhi;(iv) ali yavar jung national institute for the hearing handicapped,mumbai;30(v) national institute for the orthopaedically handicapped, kolkata; (vi) national institute of rehabilitation training and research, cuttack;(vii) national institute for empowerment of persons with multiple disabilities, chennai;(viii) national institute for mental health and sciences, bangalore;35(ix) indian sign language research and training centre, new delhi,members, ex officio;(r) members to be nominated by the central government:—(i) five members who are experts in the field of disability and rehabilitation;40(ii) ten members, as far as practicable, being persons with disabilities, torepresent non-governmental organisations concerned with disabilities or disabled persons organisations:provided that out of the ten members nominated, at least, five members shall be women and at least one person each shall be from scheduled castes and scheduled tribes;(iii) up to three representatives of national level chambers of commerce and industry; (s) joint secretary to the government of india dealing with the subject of disability policy, member-secretary, ex officio560 (1) save as otherwise provided under this act, a member of the central advisory board nominated under clause (r) of sub-section (2) of section 59 shall hold office for a term of three years from the date of his nomination:terms and conditions of service of members provided that such a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office10(2) the central government may, if it thinks fit, remove any member nominated under clause (r) of sub-section (2) of section 59, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same(3) a member nominated under clause (r) of sub-section (2) of section 59 may at any time resign his office by writing under his hand addressed to the central government and the seat of the said member shall thereupon becomes vacant15 (4) a casual vacancy in the central advisory board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was so nominated20 (5) a member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section (2) of section 59 shall be eligible for renomination (6) the members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section (2) of section 59 shall receive such allowances as may be prescribed by the central government61 (1) no person shall be a member of the central advisory board, who—disqualification25(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or(b) is of unsound mind and stands so declared by a competent court, or(c) is, or has been, convicted of an offence which, in the opinion of the central government, involves moral turpitude, or(d) is, or at any time has been, convicted of an offence under this act, or30(e) has so abused his position in the opinion of the central government as a member so as to render his continuance in the office is prejudicial interests of the general public35 (2) no order of removal shall be made by the central government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same (3) notwithstanding anything contained in sub-section (1) or sub-section (5) of section60, a member who has been removed under this section shall not be eligible for renomination as a member4062 if a member of the central advisory board becomes subject to any of the disqualifications specified in section 61, his seat shall become vacantvacation of seats by members 63 the central advisory board shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribedmeetings of the central advisory board on disability64 (1) subject to the provisions of this act, the central advisory board on disability shall be the national-level consultative and advisory body on disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with disabilities and the full enjoyment of rightsfunctions of central advisory board on disability5 (2) in particular and without prejudice to the generality of the foregoing provisions, the central advisory board on disability shall perform the following functions, namely:—(a) advise the central government and the state governments on policies, programmes, legislation and projects with respect to disability;10(b) develop a national policy to address issues concerning persons withdisabilities;(c) review and coordinate the activities of all departments of the governmentand other governmental and non-governmental organisations which are dealing with matters relating to persons with disabilities;15(d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the persons with disabilities in the national plans;(e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities vis-à-vis information, services and the built environment and their participation in social life;20(f) monitor and evaluate the impact of laws, policies and programmes to achievefull participation of persons with disabilities; and(g) such other functions as may be assigned from time to time by the central government2565 (1) every state government shall, by notification, constitute a body to be known as the state advisory board on disability to exercise the powers conferred on, and to perform the function assigned to it, under this actstate advisory board on disability (2) the state advisory board shall consist of—(a) the minister in charge of the department in the state government dealing with disability matters, chairperson, ex officio;30(b) the minister of state or the deputy minister in charge of the department in the state government dealing with disability matters, if any, vice-chairperson, ex officio;35(c) secretaries to the state government in charge of the departments of disability affairs, school education, literacy and higher education, women and child development, finance, personnel and training, health and family welfare, rural development, panchayati raj, industrial policy and promotion, labour and employment, urban development, housing and urban poverty alleviation, science and technology, information technology, public enterprises, youth affairs and sports, road transport and any other department, which the state government considers necessary, members, ex officio;40(d) three members of the state legislature of whom two shall be elected by thelegislative assembly and one by the legislative council, if any, and where there is no legislative council, three members shall be elected by the legislative assembly, members, ex officio;(e) members to be nominated by the state government:—45(i) five members who are experts in the field of disability and rehabilitation; (ii) five members to be nominated by the state government by rotation torepresent the districts in such manner as may be prescribed:provided that no nomination under this sub-clause shall be made excepton the recommendation of the district administration concerned;5(iii) ten persons as far as practicable, being persons with disabilities, torepresent non-governmental organisations or associations which are concerned with disabilities: provided that out of the ten persons nominated under this clause, at least, five shall be women and at least one person each shall be from the scheduled castes and the scheduled tribes;| ( ||---------------|| and industry; || 10 |(f) officer not below the rank of joint secretary in the department dealing with disability matters in the state government, member-secretary, ex officio66 (1) save as otherwise provided under this act, a member of the state advisory board nominated under clause (e) of sub-section (2) of section 65, shall hold office for a term of three years from the date of his nomination:15terms and conditions of service of members provided that such a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office (2) the state government may, if it thinks fit, remove any member nominated under clause (e) of sub-section (2) of section 65, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same20 (3) a member nominated under clause (e) of sub-section (2) of section 65 may at any time resign his office by writing under his hand addressed to the state government and the seat of the said member shall thereupon become vacant25 (4) a casual vacancy in the state advisory board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was so nominated (5) a member nominated under sub-clause (i) or sub-clause (iii) of clause (e) of sub-section (2) of section 65 shall be eligible for renomination30 (6) the members nominated under sub-clause (i) and sub-clause (ii) of clause (e) of sub-section (2) of section 65 shall receive such allowances as may be prescribed by the state governmentdisqualification 67 (1) no person shall be a member of the state advisory board, who—(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or| ( | b | ) is of unsound mind and stands so declared by a competent court, or ||------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------|| 35 | | || ( | c | ) is, or has been, convicted of an offence which, in the opinion of the state || government, involves moral turpitude, or | | || ( | d | ) is, or at any time has been, convicted of an offence under this act, or || 40 | | || ( | e | ) has so abused in the opinion of the state government his position as a || member as to render his continuance in the state advisory board detrimental to the | | || interests of the general public | | | (2) no order of removal shall be made by the state government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same45 (3) notwithstanding anything contained in sub-section (1) or sub-section (5) of section66, a member who has been removed under this section shall not be eligible for renomination as a membervacation of seats 68 if a member of the state advisory board becomes subject to any of the disqualifications specified in section 67 his seat shall become vacant569 the state advisory board shall meet at least once in every six months and shall observe such rules or procedure in regard to the transaction of business at its meetings as may be prescribed by the state governmentmeetings of state advisory board on disability70 (1) subject to the provisions of this act, the state advisory board shall be the state-level consultative and advisory body on disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with disabilities and the full enjoyment of rightsfunctions of state advisory board on disability10 (2) in particular and without prejudice to the generality of the foregoing provisions, the state advisory board on disability shall perform the following functions, namely:—(a) advise the state government on policies, programmes, legislation and projects with respect to disability;(b) develop a state policy to address issues concerning persons with disabilities;15(c) review and coordinate the activities of all departments of the state government and other governmental and non-governmental organisations in the state which are dealing with matters relating to persons with disabilities;20(d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the persons with disabilities in the state plans;(e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities, services and the built environment and their participation in social life on an equal basis with others;25(f) monitor and evaluate the impact of laws, policies and programmes designed to achieve full participation of persons with disabilities; and(g) such other functions as may be assigned from time to time by the state government 71 the state government shall constitute district-level committee on disability to perform such functions as may be prescribed by itdistrict-level committee on disability30vacancies not to invalidate proceedings 72 no act or proceeding of the central advisory board on disability, a state advisory board on disability, or a district-level committee on disability shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of such board or committees, as the case may be chapter xii35 national commission for persons with disabilities73 (1) the central government shall, by notification, constitute a body to be known as the national commission for persons with disabilities to exercise the powers conferred upon and to perform the following functions, namely:—constitution of national commission for persons with disabilities40| ( | a | ) identify, | suo motu | or otherwise, provisions of any law, policies, programmes ||----------------------------------------------------------------------------------------|-----|----------------|------------|---------------------------------------------------------------|| and procedures, which are inconsistent with this act, and recommend necessary | | | | || corrective steps; | | | | || ( | b | ) inquire, | suo motu | or otherwise with respect to deprivation of rights of persons || with disabilities and safeguards available to them in respect of matters for which the | | | | || central government is the appropriate government and take up the matter with the | | | | || appropriate authorities for corrective action; | | | | |(c) review the safeguards provided by or under this act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation;5(d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures;(e) study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation;(f) undertake and promote research in the field of the rights of persons with disabilities;10(g) promote awareness of the rights of persons with disabilities and the safeguards available for their protection;(h) monitor implementation of the provisions of this act and schemes, programmes meant for persons with disabilities;15(i) monitor utilisation of funds disbursed by the central government for the benefit of persons with disabilities; and(j) such other functions as the central government may assign20 (2) the national commission shall consist of a chairperson from amongst persons of eminence with a distinguished record of service of not less than twenty-five years in the field of disability, and two members with distinguished record of service of not less than twenty years in the field of rehabilitation, advocacy, law, management and technology concerning disability matters: provided that out of the two members, one member shall be a person with disability (3) the head office of the national commission shall be in the national capital region, delhi2574 (1) the central government shall, for the purpose of selection of the chairperson and the members of the national commission, constitute a selection committee consisting of—selection and appointment of chairperson and members(a) cabinet secretary—chairperson; (b) secretary in charge of the ministry or the department responsible for administration of this act as the convener— member;30(c) secretary in charge of the ministries or the departments of the central government dealing with health and personnel—members;(d) two experts in the field of empowerment and rehabilitation of persons with disability matters as may be nominated by the central government—members35 (2) the central government shall, within two months from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member of the national commission and three months before the superannuation or completion of the term of office of the chairperson or any member of that commission, make a reference to the selection committee for filling up of the vacancy40 (3) the selection committee shall finalise the selection of the chairperson and members of the national commission within two months from the date on which the reference is made to it (4) the selection committee shall recommend a panel of two names for every vacancy referred to it45 (5) the selection committee, before recommending any person for appointment as a chairperson or other member of the national commission, shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as a member (6) no appointment of the chairperson or other member of the national commission shall be invalid merely by reason of any vacancy in the selection committee5term of office of chairperson and members75 (1) the chairperson and a member of the national commission shall hold officefor a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier and shall be eligible for re-appointment for another term of three years10 (2) notwithstanding anything contained in sub-section (1), the chairperson or any member may—(a) relinquish his office by giving in writing to the central government a notice of not less than three months; or(b) be removed from his office in accordance with the provisions of section 7615removal of chairperson and members76 (1) notwithstanding anything contained in sub-section (1) of section 75, thecentral government may, by order, remove from office the chairperson or any other members, if the chairperson or as the case may be, such other member,—(a) has been adjudged an insolvent; or20(b) has been convicted of an offence which, in the opinion of the centralgovernment, involves moral turpitude; or(c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interests as is likely to affect prejudiciallyhis functions as a member; or25(e) has so abused his position as to render his continuance in office prejudicialto the public interest (2) no member shall be removed under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter3077 (1) in the event of any vacancy in the office of the chairperson by reason of hisdeath, resignation or otherwise, the central government may designate the senior-most member to act as the chairperson until the day on which a chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his officemember to act as chairperson and to discharge functions in certain circumstances35 (2) when the chairperson is unable to discharge his functions owing to absence, illness or any other cause, the central government may authorise the senior-most member to discharge the functions of the chairperson until the date on which the chairperson resumes his duties(3) the senior-most member designated to act under sub-section (1) or to discharge functions of the chairperson under sub-section (2), of the chairperson shall continue to draw salary and allowances of a member4078 the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members of the national commission shall be such as may be prescribed by the central government:terms and conditions of service of chairperson and membersprovided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member shall be varied to his disadvantage after his appointment79 no act or proceeding of the national commission shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the national commission;orvacancies, etc, not to invalidate proceedings of national commission5(b) any defect in the appointment of a person acting as a member of the national commission; or(c) any irregularity in the procedure of the national commission not affecting the merits of the case1080 (1) the national commission shall meet at such time and place as the chairperson may think fitprocedure for national commission (2) subject to the provisions of this act and the rules made thereunder, the national commission shall have the power to lay down, by regulations, its own procedure (3) all orders and decisions of the national commission shall be authenticated by the secretary or any other officer of the national commission duly authorised by the chairperson in this behalf1581 (1) the central government shall appoint an officer of the rank of an additional secretary to the government of india, who shall be the secretary to the national commissionofficers and other staff of national commission20 (2) subject to such rules as may be made by the central government in this behalf, the national commission may appoint such other administrative and technical officers and staff as it may consider necessary (3) the salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed by the central government25transfer of service of existing employees1 of 19963082 subject to the provisions of this act, every person employed in the office of chief commissioner for persons with disabilities constituted under section 57 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 immediately before the date of establishment of the national commission shall, on and from such date, become an employee of the national commission with such designation as the national commission may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held on such date if the national commission had not been established and shall continue to do so unless and until his employment in the national commission is terminated or until such tenure, remuneration and terms and conditions are duly altered by the national commission:35 provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government4083 whenever the national commission makes a recommendation to an authority in pursuance of clause (b) of sub-section (1) of section 73, that authority shall take necessary action on it, and inform the commission of the action taken within three months from the date of receipt of the recommendation:action by appropriate authorities on recommendation of national commission provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the national commission within the period of three months, and shall also inform the aggrieved person4584 (1) the national commission shall, for the purpose of discharging its functions under this act, have the same powers of a civil court as are vested in a 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 witnesses;national commission to have certain powers of civil court(b) requiring the discovery and production of any document; (c) requisitioning any public record or copy thereof from any court or office;(d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents545 of 1860 (2) every proceeding before the national commission shall be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and the national commission shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 19732 of 19741085 (1) the national commission shall submit an annual report to the centralgovernment and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it shall not be deferred till submission of the annual reportannual and special reports of national commission15 (2) the central government shall cause the annual and special reports of the national commission to be laid before each house of parliament, along with a memorandum of action taken or proposed to be taken on the recommendations of the commission and the reasons for non-acceptance of the recommendations, if any (3) the annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the central government chapter xiii 20 state commission for persons with disabilities86 (1) a state government shall constitute a body to be known as the state commission for persons with disabilities or two or more states on mutual consent can have one commission in respect of their states to exercise the powers conferred upon and to perform the following functions, namely:—constitution of state commission for persons with disabilities25(a) identify, suo motu, or otherwise, provisions of any law, policies, programmesand procedures of the state government, which are inconsistent with the provisions of this act, and recommend necessary corrective steps;30(b) inquire, suo motu, or otherwise, with respect to deprivation of rights ofpersons with disabilities and safeguards available to them, in respect of matters for which the state government is the appropriate government and take up the matter with the appropriate authorities for corrective action;(c) review the safeguards provided by or under this act or any other law for thetime being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation;35(d) review the factors that inhibit the enjoyment of rights of persons withdisabilities and recommend appropriate remedial measures;(e) undertake and promote research in the field of the rights of persons withdisabilities;40(f) promote awareness of the rights of persons with disabilities and the safeguardsavailable for their protection;(g) monitor implementation of the provisions of this act and schemes, programmesmeant for persons with disabilities;(h) monitor utilisation of funds disbursed by the state government for the benefitof persons with disabilities; and45(i) such other functions as may be assigned by the state government from time to time5 (2) the state commission shall consist of a chairperson from amongst persons of eminence, with a distinguished record of service of not less than twenty years in the field of disability, and two members, with distinguished record of service of not less than fifteen years in the field of rehabilitation, advocacy, law, management, technology concerning disability matters: provided that out of the two members, one member shall be a person with disability (3) the headquarters of the state commission shall be at such place as the state government may, by notification, specify87 (1) the state government shall, for the purpose of selection of the chairperson and the members of the state commission, constitute a selection committee consisting of—10(a) chief secretary—chairperson;selection and appointment of chairperson and members(b) secretary in charge of the ministry or the department responsible for administration of this act as the convener—member;(c) secretary in charge of the departments of the state government dealing with health, and personnel—members;15(d) two experts in the field of rehabilitation of persons with disability matters as may be nominated by the state government—member20 (2) the state government shall, within two months from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member of the state commission and three months before the superannuation or completion of the term of office of the chairperson or any member of that commission, make a reference to the selection committee for filling up of the vacancy25 (3) the selection committee shall finalise the selection of the chairperson and members of the state commission within two months from the date on which the reference is made to it (4) the selection committee shall recommend a panel of two names for every vacancy referred to it30 (5) before recommending any person for appointment as a chairperson or other member of the state commission, the selection committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as a member (6) no appointment of the chairperson or other member of the state commission shall be invalid merely by reason of any vacancy in the selection committee35term of office of chairperson and members88 (1) the chairperson and members of the state commission shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier and shall be eligible for re-appointment for another term of three years (2) notwithstanding anything contained in sub-section (1), the chairperson or any member may—40(a) relinquish his office by giving in writing to the state government a notice of not less than three months; or(b) be removed from his office in accordance with the provisions of section 8945removal of chairperson and members89 (1) notwithstanding anything contained in sub-section (1) of section 88, the state government may, by order, remove from office the chairperson or any other members, if the chairperson or, as the case may be, such other member,—(a) has been adjudged an insolvent; or(b) has been convicted of an offence which, in the opinion of the state government, involves moral turpitude; or(c) has become physically or mentally incapable of acting as a member; or5(d) has acquired such financial or other interests as is likely to affect prejudicially his functions as a member; or(e) has so abused his position as to render his continuance in office prejudicial to the public interest (2) no member shall be removed under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter1090 (1) in the event of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the state government may designate the senior-most member to act as the chairperson until the day on which a chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office15member to act as chairperson and to discharge functions in certain circumstances (2) when the chairperson is unable to discharge his functions owing to absence, illness or any other cause, the state government may authorise the senior-most member to discharge the functions of the chairperson until the date on which the chairperson resumes his duties20 (3) the senior-most member designated to act under sub-section (1) or to discharge functions of the chairperson under sub-section (2), of the chairperson shall continue to draw salary and allowances of a member91 the salaries and allowances payable to, and other terms and conditions of service of, the chairperson and members of the state commission shall be such as may be prescribed by the state government:terms and conditions of service of chairperson and members25provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member shall be varied to his disadvantage after his appointment92 no act or proceeding of the state commission shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the state commission; or30vacancies, etc, not to invalidate the proceedings of state commission(b) any defect in the appointment of a person acting as a member of the state commission; or(c) any irregularity in the procedure of the state commission not affecting the merits of the case3593 (1) the state commission shall meet at such time and place as the chairperson may think fitprocedure of state commission(2) subject to the provisions of this act and the rules made thereunder, the state commission shall have the powers to lay down, by regulations, its own procedure40 (3) all orders and decisions of the state commission shall be authenticated by the secretary or any other officer of the state commission duly authorised by the chairperson in this behalf94 (1) the state government shall appoint an officer of the rank of additional secretary to the state government who shall be the secretary to the commissionofficers and other staff of state commission45 (2) subject to such rules as may be made by the state government in this behalf, the commission may appoint such other administrative and technical officers and staff as it may consider necessary (3) the salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed by the state government51 of 1996transfer of service of existing employees to state commission1095 subject to the provisions of this act, every person employed in the office of state commissioner for persons with disabilities constituted under section 60 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 immediately before the date of establishment of the state commission shall, on and from such date becomes an employee of the state commission with such designation as the state commission may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held on such date if the state commission had not been established and shall continue to do so unless and until his employment in the state commission is terminated or until such tenure, remuneration and terms and conditions are duly altered by the state commission:15 provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the approval of the central government96 (1) the state commission shall submit an annual report to the state government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it shall not be deferred till submission of the annual reportannual and special reports of state commission20 (2) the state government shall cause the annual and special reports of the state commission to be laid before each house of state legislature where it consists of two houses, or where such legislature consists of one house, before that house along with a memorandum of action taken or proposed to be taken on the recommendations of the state commission and the reasons for non-acceptance of the recommendations, if any (3) the annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the state government25transitory provisions1 of 19963097 the chief commissioner for persons with disabilities and the state commissioners for persons with disabilities appointed under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, shall continue to so function and exercise the powers conferred on them under that act, until the national commission and the state commission are constituted under this act, but on the constitution of the national commission and the state commission, as the case may be, the chief commissioner for persons with disabilities and the state commissioners for persons with disabilities shall cease to hold office chapter xiv35 special courtspecial court98 for the purpose of providing speedy trail, the state government shall, with theconcurrence of the chief justice of the high court, by notification, specify for each district,a court of session to be a special court to try the offences under this actspecial public prosecutor4099 (1) for every special court, the state government may, by notification, specify apublic prosecutor or appoint an advocate, who has been in practice as an advocate for not less than seven years, as a special public prosecutor for the purpose of conducting cases in that court (2) the special public prosecutor appointed under sub-section (1) shall be entitled to receive such fees or remuneration as may be prescribed by the state government45 chapter xv national fund for persons with disabilities100 (1) there shall be constituted a fund to be called the national fund for persons with disabilities and there shall be credited thereto—national fund for persons with disabilities(a) all sums available under the fund for people with disabilities, constituted6 of 1890vide notification no so 573 (e), dated the 11th august, 1983 and the trust fund for empowerment of persons with disabilities, constituted vide notification no 30-03/2004-ddii, dated the 21st november, 2006, under the charitable endowment act, 18905(b) all sums payable by banks, corporations, financial institutions in pursuance of judgment dated the 16th april, 2004 of the hon'ble supreme court in civil appeal nos 4655 and 5218 of 2000;(c) all sums received by way of grant, gifts, donations, benefactions, bequestsor transfers;(d) all sums received from the central government including grants-in-aid; (e) all sums from such other sources as may be decided by the central government10 (2) the fund for persons with disabilities shall be utilised and managed in such manner as may be prescribedaccounts and audit15101 (1) the central government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the fund including the income and expenditure accounts in such form as may be prescribed in consultation with the comptroller and auditor-general of india20 (2) the accounts of the fund shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the fund to the comptroller and auditor- general of india25 (3) the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the fund 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 account, and in particular, shall have the right to demand production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the fund (4) the accounts of the fund as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be laid before each house of parliament by the central government30 chapter xvi offences and penalties35102 any person who contravenes any of the provisions of this act, or of any rule or regulation made thereunder shall for first contravention be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both, and for any subsequent contravention with imprisonment for a term which may extend to two years or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees or with bothpunishment for contravention of provisions of act or rules or regulations made thereunderoffences by companies40103 (1)where an offence under this act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:45 provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence5(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm10104 whoever, fraudulently avails or attempts to avail any benefit meant for persons with benchmark disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with bothpunishment for fraudulently availing any benefit meant for persons with benchmark disabilities105 whoever,—punishment for offences of atrocities15(a) intentionally insults or intimidates with intent to humiliate a person withdisability in any place within public view;(b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability;| ( ||---------------------------------------------------|| or knowingly denies food or fluids to him or her; || 20 |(d) being in a position to dominate the will of a child or woman with disability and uses that position to exploit her sexually;(e) voluntarily injures, damages or interferes with the use of any limb or sense or any supporting device of a person with disability;25 30(f) performs, conducts or directs any medical procedure to be performed on a woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent except in cases where medical procedure for termination of pregnancy is done in severe cases of disability and with the opinion of a registered medical practitioner and also with the consent of the guardian of the woman with disability, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine35punishment for failure to furnish information40106 whoever, fails to produce any book, account or other documents or to furnishany statement, information or particulars which, under this act or any order, regulation or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this act or of any order, regulation or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fineprevious sanction of appropriate government107 no court shall take cognizance of an offence alleged to have been committed byan employee of the appropriate government under this chapter, except with the previous sanction of the appropriate government or a complaint is filed by an officer authorised by it in this behalfalternative punishments108 where an act or omission constitutes an offence punishable under this act and also under any other central or state act, then, notwithstanding anything contained in any other law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such act as provides for punishment which is greater in degree5 chapter xvii miscellaneous109 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 forceapplication of other laws not barred10protection of action taken in good faith110 no suit, prosecution or other legal proceeding shall lie against the appropriate government or any officer of the appropriate government or any officer or employee of the national commission or state commission for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunderpower to remove difficulties15111 (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 or give such directions, not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this act20 (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 amend schedule112 (1) on the recommendations made by the appropriate government or otherwise, if the central government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the schedule and any such notification being issued, the schedule shall be deemed to have been amended accordingly25 (2) every such notification shall, as soon as possible after it is issued, shall be laid before each house of parliament113 (1) the central government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this actpower of central government to make rules30 (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manner of constituting the ethics committee under sub-section (2) of section 5;(b) the manner of notifying the equal opportunity policy under sub-section (1)of section 20;35(c) the form and manner of maintaining records by every establishment under sub-section (1) of section 21;(d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section (3) of section 22;40(e) the manner of furnishing information and return by establishment to the special employment exchange under section 35;(f) the composition of the assessment board under sub-section (2) and manner of assessment to be made by the assessment board under sub-section (3) of section37;45(g) the manner of application for issuance of certificate of disability under subsection (1) and form of certificate of disability under sub-section (2) of section 57;(h) the allowances to be paid to nominated members of the central advisory board under sub-section (6) of section 60;(i) the rules of procedure for transaction of business in the meetings of the central advisory board under section 63;5(j) the salaries and allowances and other conditions of services of chairperson and members of the national commission under section 78;(k) the salaries and allowances and conditions of services of officers and staff of the national commission under sub-section (3) of section 81;(l) the form, manner and content of annual report to be prepared and submitted by the national commission under sub-section (3) of section 85;10(m) the procedure, manner of utilisation and management of the fund under subsection (2) of 100; and(n) the form for preparation of accounts of fund under sub-section (1) of section 10115 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 rule114 (1) the state government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this actpower of state government to make rules25 (2) in particular, and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely:—(a) the manner of constituting the ethics committee under sub-section (2) ofsection 5;30(b) the form and manner of making an application for certificate of registrationunder sub-section (1) of section 50;(c) the facilities to be provided and standards to be met by institutions for grantof certificate of registration under sub-section (3) of section 50;(d) the validity of certificate of registration, the form of, and conditions attachedto, certificate of registration under sub-section (4) of section 50;35(e) the period of disposal of application for certificate of registration under sub-section (7) of section 50;(f) the period within which an appeal to be made under sub-section (1) of section52;40(g) the time and manner of appealing against the order of certifying authority under sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 58;(h) the allowances to be paid to nominated members of the state advisory board under sub-section (6) of section 66;45(i) the rules of procedure for transaction of business in the meetings of the state advisory board under section 69;(j) the composition and functions of district level committee under section 71;(k) salaries, allowances and other conditions of services of chairperson and members of the state commission under section 91;(l) the salaries, allowances and conditions of services of officers and staff of the state commission under sub-section (3) of section 94;5(m) the form, manner and content of annual and special reports to be prepared and submitted by the state commission under sub-section (3) of section 96; and(n) the fee or remuneration to be paid to the special public prosecutor under subsection (2) of section 9910 (3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such state legislature consists of one house, before that house115 (1) the national commission may, with the previous approval of the central government and after previous publication, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this actpower of national commission to make regulations15 (2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) standards for accessibility under section 39; and (b) the rules of procedure for transaction of business under section 8020 25 (3) every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive 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 rule30116 (1) the state commission may, with the previous approval of the central government and after previous publication, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act:power of state commission to make regulationsprovided that where any regulation has already been issued in any such matter by the national commission, such regulations shall prevail over the regulations of the state commission pertaining to the said matter35 (2) in particular, and without prejudice to the generality of the foregoing power, the state commission shall make regulations relating to the rules of procedure for transaction of business under section 93 (3) every regulation made by the state commission under this act shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such state legislature consists of one house, before that house40repeal and savings117 (1) the persons with disabilities (equal opportunity protection of rights and full participation) act, 1995 is hereby repealed (2) notwithstanding the repeal of the said act, anything done or any action taken under the said act, shall be deemed to have been done or taken under the corresponding provisions of this act the schedule [see clause (x) of section 2] specified disabilities1"autism spectrum disorder" means a neuro-psychological condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and relate to others, and is frequently associated with unusual or stereotypical rituals or behaviours2 "blindness" means a condition where a person has any of the following conditions, after best correction,—(i) total absence of sight; or (ii) visual acuity not exceeding 3/60 or 10/200 (snellen) in the better eye; or (iii) limitation of the field of vision subtending an angle of 10 degree or worse3 "cerebral palsy" means a group of non-progressive neurological condition of a person affecting body movements and muscle coordination caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth4 "chronic neurological conditions" means a condition that has its origin in some part of person's nervous system lasting for a long period of time or marked by frequent recurrence5 "deafblindness" means a condition in which a person may have a combination of hearing and visual impairments causing severe communication, developmental, and educational problems and include,—(i) moderate to profound hearing and significant visual impairments; (ii) moderate to profound hearing and significant visual impairments and other significant disabilities;(iii) central processing problems of vision and hearing; (iv) progressive sensory impairments or significant visual impairment; and(v) possible loss of auditory processing mechanisms (associated with severe physical disability or severe cognitive disability) and severe communication delay 6 "hemophilia" means an inheritable disease, usually affecting only male but transmitted by women to their male children, characterised by loss or impairment of the normal clotting ability of blood so that a minor wound may result in fatal bleeding7 "hearing impairment" means loss of sixty decibels hearing level or more in the better ear in the conversational range of frequencies8 "intellectual disability" means a condition characterised by significant limitations both in intellectual functioning (reasoning, learning, problem solving) and in adaptive behaviour, which covers a range of everyday social and practical skills9 "leprosy cured person" means a person who has been cured of leprosy but is suffering from—(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;(ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;(iii) extreme physical deformity as well as advanced age which prevents him or her from undertaking any gainful occupation, and the expression "leprosy cured" shall be construed accordingly 10 "locomotor disability" means a person's inability to execute distinctive activities associated with movement of self and objects resulting from affliction of musculoskeletal or nervous system or both11 "low-vision" means a condition where a person has any of the following conditions, namely:—(i) visual acuity not exceeding 6/18 or 20/60 and less than 6/60 or 20/200 (snellen)in the better eye with correcting lenses; or(ii) limitation of the field of vision subtending an angle of more than 10 and up to40 degree 12 "mental illness" means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, but does not include mental retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence13 "muscular dystrophy" means a group of hereditary genetic muscle disease that weakens the muscles that move the human body and persons with multiple dystrophy have incorrect or missing information in their genes, which prevents them from making the proteins they need for healthy muscles it is characterised by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue14 "multiple sclerosis" means an inflammatory, nervous system disease in which the myelin sheaths around the axons of nerve cells of the brain and spinal cord are damaged, leading to demyelination and affecting the ability of nerve cells in the brain and spinal cord to communicate with each other15 "specific learning disabilities" means a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia16 "speech and language disability" means a permanent disability arising out of conditions such as laryngectomy or aphasia affecting one or more components of speech and language due to organic or neurological causes17 "thalassemia" means a group of inherited disorders characterised by reduced or absent amounts of hemoglobin18 "sickle cell disease" means a hemolytic disorder characterised by chronic anemia, painful events, and various complications due to associated tissue and organ damage; "hemolytic" refers to the destruction of the cell membrane of red blood cells resulting in the release of hemoglobin19 "multiple disability" means two or more of the specified disabilities mentioned at serial numbers 1 to 18, occurring in a person at the same time20 any other category as may be notified by the central government statement of objects and reasonsthe persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 was enacted to give effect to the proclamation on the full participation and equality of the people with disabilities in the asian and pacific region the act defines persons with disabilities as those having not less than forty per cent disability and identified seven categories of disabilities, namely, blindness, low vision, hearing impairment, locomotor disability, mental retardation, mental illness and leprosy-cured2 over a period of time, the conceptual understanding of the rights of persons with disabilities has become more clear and there has been worldwide change in approach to handle the issues concerning persons with disabilities the united nations adopted its convention on the rights of persons with disabilities laying down the principles to be followed by the states parties for empowerment of persons with disabilities india signed the said convention and subsequently ratified the same on the 1st day of october, 2007 the convention came into effect on the 3rd day of may, 2008 being a signatory to the convention, india has an international obligation to comply with the provisions of the said convention which required an entirely new legislation3 in 2010, an expert committee constituted under the chairmanship of dr sudha kaul, vice-chairperson, indian institute of cerebral palsy, kolkata submitted its report in 2011, suggesting a draft bill relating to the rights of persons with disabilities the draft bill was extensively debated upon at various levels involving state governments and union territories and various stakeholders4 the salient features of the rights of persons with disabilities bill, 2014, inter alia, are:(i) nineteen specified disabilities have been defined; (ii) the persons with disabilities enjoy various rights such as right to equality, life with dignity, respect for his or her integrity, etc, equally with others;(iii) duties and responsibilities of the appropriate government have been enumerated;(iv) all educational institutions funded by appropriate government shall provide inclusive education to the children with disabilities;(v) a national fund is proposed to provide financial support to persons with disabilities;(vi) stakeholders' participation in the policy making through central and state advisory boards;(vii) increase in reservation in posts from existing three per cent to five per centin the vacancies for persons or class of persons with benchmark disabilities in every establishment and reservation of seats for students with benchmark disabilities in higher educational institutions;(viii) setting up of national commission and state commission to act as grievance redressal mechanism, monitor implementation of the proposed legislation replacing the chief commissioner and state commissioners for persons with disabilities, respectively;(ix) guidelines to be issued by the central government for issuance of certificates of specified disabilities;(x) penalties for offences committed against persons with disabilities; and(xi) court of session to be designated as special court by the state government in every district to try offences 5 the bill seeks to achieve the above objectsmallikarjun khargenew delhi;the 31st january, 2014 notes on clausesclause 1—this clause seeks to provide for short title, extent and commencement of the proposed legislationclause 2—this clause seeks to provide the definitions of certain words and expressions used in various provisions of the billclause 3—this clause seeks to provide that the appropriate government shall ensure that persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with othersclause 4—this clause seeks to provide for the appropriate government to endeavour that the persons with disabilities enjoy the right to live in communityclause 5—this clause seeks to provide for the responsibility of the appropriate government to take measures for protecting the persons with disabilities from being subjected to torture, cruelty and inhuman treatmentclause 6—this clause seeks to provide for the appropriate government to take measures to protect persons with disabilities from all forms of abuse, violence and exploitation it also seeks to specify the responsibility of the executive magistrate and police officers to deal with the complaint regarding any abuse, violence and exploitationclause 7—this clause seeks to ensure that the national disaster management authority, state disaster management authority and district management authority to take appropriate measures for the safety and protection of persons with disabilities in situations of risksclause 8—this clause seeks to provide for the right of the children with disability to live with their family and in certain exceptional cases the competent court may place the child in shelter homes, as may be requiredclause 9—this clause seeks to provide for the reproductive rights of persons with disabilities and prohibits any medical procedure to be carried out on persons with disabilities which leads to infertility without his or her free and informed consentclause 10—this clause seeks to provide for the responsibility of the election commission of india and state elections commissions to ensure that persons with disabilities have accessibility to votingclause 11—this clause seeks to provide for the appropriate government to ensure that the persons with disabilities have access to any court, tribunal, authority, commission or any other judicial or quasi-judicial bodyclause 12—this clause seeks to provide for the appropriate government to ensure that the persons with disabilities have right, equally with others, to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial creditclause 13—this clause seeks to provide for grant of limited guardianship and plenary guardianship by the district court for mentally ill persons who can take all legal binding decisions on his or her behalfclause 14—this clause seeks to provide for the appropriate government to designate authorities to mobilise community support for persons with disabilitiesclause 15—this clause seeks to provide for the duties of the educational institutions funded by the appropriate government and local authorities to achieve the goal of inclusive education wherein students with and without disabilities learn together and systems of teaching and learning are suitably adopted to meet the learning needs of different types of students with disabilitiesclause 16—this clause seeks to provide for the appropriate government and local authorities to take specific measures to promote and facilitate inclusive educationclause 17—this clause seeks to provide for the appropriate government and local authorities to take measures to promote adult education for persons with disabilitiesclause 18—this clause seeks to provide for the appropriate government to formulate schemes and programmes to promote vocational training and self-employment of persons with disabilitiesclause 19—this clause seeks to prohibit every establishment to discriminate any person with disability in any matter relating to employmentclause 20—this clause seeks to provide for the responsibility of every establishment to notify equal opportunity policyclause 21—this clause seeks to provide for every establishment to maintain record regarding employment and facilities provided to persons with disabilitiesclause 22—this clause seeks to provide for every establishment to appoint grievance redressal officer to inquire the complaints regarding discrimination in employmentclause 23—this clause seeks to provide for the appropriate government to formulate schemes and programmes to safeguard and promote the rights of persons with disabilities and enumerates various areas for such schemesclause 24—this clause seeks to provide for the appropriate government and local authorities to take measures to provide free and barrier free access to health care facilities in the vicinity and also casts responsibilities on them to promote health care and prevent occurrence of disabilityclause 25—this clause seeks to provide for the appropriate government to make insurance schemes for their employees with disabilitiesclause 26—this clause seeks to provide for the appropriate government and local authority to undertake programmes for rehabilitation of persons with disabilitiesclause 27—this clause seeks to provide for the appropriate government to undertake research and development on issues concerning empowerment of persons with disabilitiesclause 28—this clause seeks to provide for the appropriate government and local authority to take measures to facilitate the persons with disabilities to participate in cultural life and recreational activitiesclause 29—this clause seeks to provide for the appropriate government to take measures to promote participation of persons with disabilities in sporting activitiesclause 30—this clause seeks to provide for right of every child with benchmark disability between the age of six and eighteen years to free educationclause 31—this clause seeks to provide for reservation of seats in government and government-aided higher educational institutions for the persons with benchmark disabilitiesclause 32—this clause seeks to provide for the appropriate government to identify posts in establishments to be reserved for the persons with benchmark disabilitiesclause 33—this clause seeks to provide for reservation of vacancies in establishments meant for persons with disabilities and also provides for the manner of recruitment to fill up such vacanciesclause 34—this clause seeks to provide for the appropriate government and the local authorities to give incentives to promote employment of persons with benchmark disabilitiesclause 35—this clause seeks to provide for the establishment to furnish information relating to appointment of persons with benchmark disabilities to special employment exchangeclause 36—this clause seeks to provide for the appropriate government to make special schemes and developmental programmes for the persons with benchmark disabilitiesclause 37—this clause seeks to provide for the persons with disabilities requiring high support to apply before an authority and also provides for the duty of such authority to make arrangement for providing such support on the basis of recommendations of an assessment boardclause 38—this clause seeks to provide for the appropriate government to conduct, encourage, support or promote awareness campaigns and sensitisation programmes regarding protection of rights of persons with disabilitiesclause 39—this clause seeks to provide for the national commission to lay down standards of accessibility for the physical environment, transportation, informational communication and other facilities and services provided to the publicclause 40—this clause seeks to provide for the appropriate government to take suitable measures to facilitate and access to all modes of transport by the persons with disabilitiesclause 41—this clause seeks to provide for the appropriate government to take measures to ensure that the persons with disabilities have access to information and communication technologyclause 42—this clause seeks to provide for the appropriate government to take measures to promote development and distribution of universal design consumer products for the general use of persons with disabilitiesclause 43—this clause seeks to provide for mandatory observance of accessibility norms by the establishmentsclause 44—this clause seeks to provide for the time limit for making existing infrastructure and premises accessible for the persons with disabilities and also provides for the action to be taken by the appropriate government and local authorities for that purposeclause 45—this clause seeks to provide for the timeline for every service provider to meet the accessibility norms to be formulated by the national commissionclause 46—this clause seeks to provide for the appropriate government to take various measures for human resource development for the purpose of achieving the objectives of the proposed legislationclause 47—this clause seeks to provide for the appropriate government to undertake social audit of all general schemes and programmes involving persons with disabilitiesclause 48—this clause seeks to empower the state government to appoint a competent authority for the purpose of registration of institutions for persons with disabilitiesclause 49—this clause seeks to provide for the requirement of registration for establishment of any institution of persons with disabilitiesclause 50—this clause seeks to provide for procedure for grant of certificate of registration of the institutions for the persons with disabilities by the state governmentclause 51—this clause seeks to provide for the conditions under which and the procedure to be followed for revocation of registration of the institutions for persons with disabilitiesclause 52—this clause seeks to provide for the arrangement of making an appeal before the appellate authority regarding the decision of the competent authority refusing to grant a certificate of registration or revoking such certificate of registrationclause 53—this clause seeks to exempt the institutions established or maintained by the central or state government from the requirement of registrationclause 54—this clause seeks to provide for the appropriate government, within their limits of economic capacity and development to provide financial assistance to the registered institutionsclause 55—this clause seeks to empower the central government to notify guidelines for assessment of specified disabilitiesclause 56—this clause seeks to provide for the appropriate government to designate certifying authority for the purpose of issuance of certificate of disabilityclause 57—this clause seeks to provide for the procedure for issuance of certificate of disability to any person with specified disabilityclause 58—this clause seeks to provide for making an appeal before an appellate authority as designated by the state government against the decision of certifying authorityclause 59—this clause seeks to provide for the central government to constitute a central advisory board on disabilityclause 60—this clause seeks to provide for the terms and conditions of the nominated members of the central advisory boardclause 61—this clause seeks to provide for the grounds of disqualification of a member of the central advisory boardclause 62—this clause seeks to provide for the vacation of seats of members on account of disqualificationclause 63—this clause seeks to provide for the meetings of the central advisory board and empowers the central government to make rules of procedure for transaction of business in its meetingsclause 64—this clause seeks to provide for the functions of the central advisory boardclause 65—this clause seeks to provide for the state government to constitute state advisory board on disabilityclause 66—this clause seeks to provide for the terms and conditions of service of members of state advisory boardclause 67—this clause seeks to provide for the grounds of disqualification of a member of the state advisory boardclause 68—this clause seeks to provide for vacation of seats by members of state advisory board on account of disqualificationclause 69—this clause seeks to provide for meetings of the state advisory board and empowers the state government to make rules of procedure for transaction of business in its meetingsclause 70—this clause seeks to provide for the functions of the state advisory board on disabilityclause 71—this clause seeks to empower the state government to constitute districtlevel committee on disabilityclause 72—this clause seeks to provide that vacancies in central advisory board, state advisory board or district level committee not to invalidate their proceedingsclause 73—this clause seeks to provide for the central government to constitute national commission for persons with disabilities and enumerates its functionsclause 74—this clause seeks to provide for procedure for selection and appointment of chairperson and members of the national commissionclause 75—this clause seeks to provide for term of office of chairperson and members of the national commissionclause 76—this clause seeks to provide for grounds for removal of chairperson and members of the national commissionclause 77—this clause seeks to provide for the circumstances under which senior most member of the national commission can act as chairperson and to discharge his functionsclause 78—this clause seeks to provide for terms and conditions of service of chairperson and members of the national commissionclause 79—this clause seeks to provide for vacancies not to invalidate the proceedings of the national commissionclause 80—this clause seeks to provide for procedure to be followed by the national commission for transaction of its business and empowers the national commission to make regulationsclause 81—this clause seeks to provide for provisions for officers and staff of the national commission and their conditions of serviceclause 82—this clause seeks to provide for transfer of services of officers and staff of the existing office of the chief commissioner for persons with disabilities to national commissionclause 83—this clause seeks to provide the duty of concerned authorities to take necessary action as per the recommendations of the national commissionclause 84—this clause seeks to provide for the national commission to exercise the powers of a civil court in certain mattersclause 85—this clause seeks to provide for the national commission to submit annual and special reports and laying of such reports before each house of parliamentclause 86—this clause seeks to provide for the state government to constitute state commission for persons with disabilities and its functionsclause 87—this clause seeks to provide for procedure for selection and appointment of chairperson and members of state commissionclause 88—this clause seeks to provide for term of office of chairperson and members of the state commissionclause 89—this clause seeks to provide for grounds of removal of chairperson and members of the state commissionclause 90—this clause seeks to provide for the circumstances under which senior most member of the state commission to act as chairperson and to discharge his functionsclause 91—this clause seeks to provide for terms and conditions of service of chairperson and member of state commissionclause 92—this clause seeks to provide for vacancies not to invalidate the proceedings of the state commissionclause 93—this clause seeks to provide for procedure to be followed by the state commission for transaction of its business and empowers the state commission to make regulationsclause 94—this clause seeks to provide for provisions for officers and staff of state commission and their conditions of serviceclause 95—this clause seeks to provide for transfer of services of officers and staff of the existing office of the state commissioner for persons with disabilities to state commissionclause 96—this clause seeks to provide for the state commission to submit annual and special reports and laying of such reports before each house of state legislature where such legislature consists of two houses or where such legislature consists of one house, before that houseclause 97—this clause seeks to provide for transitory provisions wherein the chief commissioner and the state commissioner for persons with disabilities will continue to function until national commission and the state commissioners respectively are constitutedclause 98—this clause seeks to provide for the state government to designate a court of session in each district to be a special court to facilitate speedy trial of offences against persons with disabilitiesclause 99—this clause seeks to provide for the state government to appoint special public prosecutor to conduct cases concerning persons with disabilitiesclause 100—this clause seeks to provide for the central government to constitute national fund for the persons with disabilitiesclause 101—this clause seeks to provide for the central government to maintain accounts of the national fund and conduct audit of the fund through comptroller and auditor general of indiaclause 102—this clause seeks to provide for punishment for contravention of provisions of the proposed legislation or rules or regulations made thereunderclause 103—this clause seeks to provide for offences by companies clause 104—this clause seeks to provide for punishment for fraudulently availing any benefit meant for persons with disabilitiesclause 105—this clause seeks to provide for punishments for various acts of atrocities against persons with disabilitiesclause 106—this clause seeks to provide for punishment for failure to furnish information in terms of the provisions of the proposed legislationclause 107—this clause seeks to provide for requirement of previous sanction of appropriate government to proceed against its employees in case of offences alleged to have been committed by themclause 108—this clause seeks to provide for alternative punishment where punishment for such offences has been specified under any other central or state actclause 109—this clause seeks to provide for the provisions of the proposed legislation to be in addition to and not in derogation of the provisions of any other law for the time being in forceclause 110—this clause seeks to provide for protection of action taken in good faithclause 111—this clause seeks to provide for the power to remove difficultiesclause 112—this clause seeks to empower the central government to amend the scheduleclause 113—this clause seeks to empower the central government to make rules to carry out the provisions of the proposed legislation and provide for laying of every such rule, as soon as may be after it is made, before each house of the parliamentclause 114—this clause seeks to empower the state government to make rules to carry out the provisions of the proposed legislation and provide for laying of every such rule, 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 consists of one house, before that houseclause 115—this clause seeks to empower the national commission to make regulations and provide for laying of every such regulation, as soon as may be after it is made, before each house of the parliamentclause 116—this clause seeks to empower the state commission to make regulations and provide for laying of every such regulation, as soon as 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 houseclause 117—this clause seeks to provide for repeal of the persons with disabilities(equal opportunities, protection of rights and full protection) act, 1995 and savings of the action taken thereunder financial memorandumclause 16 of the bill provides that the appropriate government and local authorities for achieving inclusive education to the children with disabilities shall take a number of measures which include conducting surveys to identify children with disabilities, establish adequate teacher training institutions, provide books and other learning materials, provide scholarships and promote research to improve learning2clause 18 of the bill provides that the appropriate government shall formulate schemes and programmes including provision of loans at concessional rates, facilitate and support employment of persons with disabilities especially for their vocational training and selfemployment3 clause 23 of the bill provides that the appropriate government shall, within the limit of its economic capacity and development, formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community, which include provision of community centres; access to safe drinking water; accessible sanitation facility; aids and appliances; disability pension; unemployment allowance; care-giver allowance; etc4 sub clause (i) of clause 24 of the bill provides that the appropriate government and the local authorities shall take necessary measures for the persons with disabilities to provide (a) free health care in the vicinity specially in rural area subject to such family income as may be notified; (b) barrier-free access in all parts of the hospitals and other healthcare institutions and centres run or aided by them; (c) priority in attendance and treatment sub-clause (ii) of this clause provides that the appropriate governments and the local authorities shall take measures and make schemes or programmes to promote health care and prevent the occurrence of disabilities5 sub- clause (1) of clause 26 of the bill provides that the appropriate government and the local authorities shall, within their economic capacity and development, undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons with disabilities sub-clause (2) of this clause provides that the appropriate government and the local authorities may grant financial assistance to non-governmental organisations6 clause 27 of the bill provides that the appropriate government shall initiate or cause to be initiated research and development through individuals and institutions on issues which shall enhance habilitation and rehabilitation and on such other issues which are necessary for the empowerment of persons with disabilities7 clause 28 of the bill provides that the appropriate government and the local authorities shall take measures to promote and protect the rights of all persons with disabilities to have a cultural life and to participate in recreational activities equally with others which include providing facilities, recreation centres and developing assistive devices and equipments8 clause 29 of the bill provides that the appropriate government shall take measures and services ranging from support infrastructure facilities, developing technology and allocating funds for training of persons with disabilities 9 sub-clause (2) of clause 30 of the bill provides that the appropriate government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years10 clause 38 of the bill provides that the appropriate government shall conduct, encourage, support or promote awareness campaigns and sensitisation programmes to ensure that the rights of the persons with disabilities contained in the proposed legislation are protected11 clause 40 of the bill provides that the appropriate government shall take suitable measures to provide—(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines; (b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design; and (c) accessible roads to address mobility necessary for persons with disabilities12 sub-clause (2) of clause 44 of the bill provides that the appropriate government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops13 clause 46 of the bill provides that the appropriate government shall endeavour to develop human resource, which includes training for various categories of functionaries, governmental and non-governmental14 clause 54 of the bill provides that the appropriate government may, within the limits of their economic capacity and development, grant financial assistance to registered institutions to provide services and to implement the schemes and programmes in pursuance of the proposed legislation15 sub-clause (6) of clause 60 of the bill provides for allowances payable by the central government to certain nominated members of the central advisory board similarly, sub-clause (6) of clause 66 provides for allowances payable by the state government to the certain nominated members of the state advisory board16 clause 73 of the bill provides that the central government shall constitute national commission for persons with disabilities to exercise the powers conferred upon and to perform the functions contained in the proposed legislation the office of the national commission will be established by way of reshaping of the office of the existing chief commissioner for persons with disabilities similarly, the state government shall constitute state commission for persons with disabilities to exercise the powers conferred upon and to perform the functions contained in the proposed legislation in terms of clause 86 of the bill the state commissions will be set up by way of reshaping of the office of existing state commissioners17 clause 99 of the bill provides for appointment of special public prosecutor for conducting cases concerning offences against persons with disabilities and payment of fees and remunerations to such public prosecutor by the state governmentsthere is no easy way of estimating the full financial burden likely to be incurred if all the provisions of the proposed legislation if enacted were implemented in such a manner that all persons with disabilities requiring such services were to be covered however, some of these tasks are currently funded through approved plan schemes which the central government intends to expand in the xii plan period some tasks which are currently not funded by the central government and which would be necessary, should the proposed legislation be enacted, are also proposed to be funded through plan schemes funding through plan schemes for the implementation of the proposed legislation would need to continue in subsequent plan periods also provisioning for empowerment of persons with disabilities is not a onetime activity since disability is a state subject under the constitution, it is also expected that overtime the states will also contribute substantially to the implementation of programmes for the period of benefit of persons with disabilities, thereby, contributing to the implementation of the provisions of the bill however, the expenditure, whether recurring or non-recurring will be met out of the consolidated fund of india or consolidated fund of the concerned state memorandum regarding delegated legislationclause 112 of the bill empowers the central government to amend the schedule by notification in the official gazette2 the notification issued under sub-clause (2) of clause 112 is required to be laid before each house of the parliament3 clause 113 of the bill empowers the central government to make rules to carry out the provisions of the proposed legislation, subject to the condition of previous publication sub-clause (2) of this clause enumerates the matter with respect to which rules may be made under this clause these matters, inter alia, relate to—(a) the manner of constituting the ethics committee under sub-clause (2) of clause 5; (b) the manner of notifying the equal opportunity policy under sub-clause (1) of clause 20; (c) the form and manner of maintaining records by every establishment under sub-clause (1) of clause 21; (d) the manner of maintenance of register of complaints by grievance redressal officer under sub-clause (3) of clause 22; (e) the manner of furnishing information and return by establishment to the special employment exchange under clause 35; (f) the composition of the assessment board under sub-clause (2) and manner of assessment to be made by the assessment board under sub-clause (3) of clause 37; (g) the manner of application for issuance of certificate of disability under sub-clause (1) and the form of certificate of disability under sub-clause (2) of clause 57; (h) the allowances to be paid to the nominated members of central advisory board under sub-clause (6) of clause 60; (i) the rules of procedure for transaction of business in the meetings of the central advisory board under clause 63; (j) the salaries and allowances and other conditions of services of chairperson and members of the national commission under clause 78; (k) the salaries and allowances and conditions of services of officers and staff of the national commission under sub-clause (3) of clause 81; (l) the form, manner and content of annual report to be prepared and submitted by the national commission under sub-clause (3) of clause 85; (m) the procedure, manner of utilisation and management of the fund under sub-clause (2) of clause 100; and (n) the form for preparation of accounts of fund under sub-clause (1) of clause 1014 sub-clause (3) of clause 113 provides that every rule made by the central government under the proposed legislation is required to be laid before each house of the parliament5 clause114 of the bill empowers the state government to make rules to carry out the provisions of the proposed legislation, subject to the condition of previous publication sub-clause (2) of this clause enumerates the matters with respect to which rules may be made under this clause these matters inter alia, relate to - (a) the manner of constituting the ethics committee under sub-clause (2) of clause 5; (b) the form and manner of making an application for certificate of registration under sub-clause (1) of clause 50; (c) the facilities to be provided and standards to be met by institution for grant of certificate of registration under sub-clause (3) of clause 50; (d) the validity of certificate of registration, the form of and conditions attached to certificate of registration under sub-clause (4) of clause 50; (e) the period of disposal of application for certificate of registration under sub-clause (7) of clause 50; (f) the period within which an appeal to be made under sub-clause (1) of clause 52; (g) the time and manner of appealing against the order of certifying authority under sub-clause (1) and manner of disposal of such appeal under sub-clause (2) of clause 58; (h) the allowances to be paid to the nominated members of the state advisory board under sub-clause (6) of clause 66; (i) the rules of procedure for transaction of business in the meetings of the state advisory board under clause 69; (j) the composition, and functions of district level committee under clause 71; (k) salaries, allowances and other conditions of services of chairpersons and members of the state commission under clause 91; (l) the salaries, allowances and conditions of services of officers and the staff of the state commission under sub-clause (3)of clause 94; (m) the form, manner and content of annual and special reports to be prepared and submitted by the state commission under sub-clause (3) of clause 96; and (n) the fee or remuneration to be paid to the special public prosecutor under sub-clause (2) of clause 996 sub-clause (3) of clause 114 provides that every rule made by the state government under the proposed legislation is required to be laid before each house of the state legislature where it consists of two houses, or where such legislature consist of one house, before that house7 clause 115 of the bill empowers the national commission to make regulations, by notification, consistent with the provisions of proposed legislation and rules made thereunder to carry out the provisions of the proposed legislation sub-clause (2) of this clause enumerates the matters with respect to which regulations may be made under this clause these matters, inter alia, relate to - (a) standards for accessibility under clause 39; and (b)the rules of procedure for transaction of business under clause 808 sub-clause (3) of clause 115 provides that every regulation made by the national commission under the proposed legislation is required to be laid before each house of the parliament9 clause 116 of the bill empowers the state commission to make regulations, by notification, consistent with the provisions of proposed legislation and rules made thereunder to carry out the provisions of the proposed legislation10 sub-clause (3) of clause 116 provides that every regulation made by the state commission under the proposed legislation is required to be laid before each house of the state legislature where it consists of two houses, or where such legislature consist of one house, before that house11 the matters in respect of which rules, regulations and notifications may be made under the aforesaid provisions are matters of procedure and administrative details and it is not practical to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character————— a billto give effect to the united nations convention on the rights of persons with disabilities and for matters connected therewith or incidental thereto————(shri mallikarjun kharge, minister of social justice and empowerment)gmgipmrnd—4064rs(s3)—03-02-2014

Parliament_bills

9808c3b3-b368-5616-9119-a0b20a47add2

bill no xlvii of 2016 the women's (reservation in workplace) bill, 2016 a billto provide for reservation of posts for women in establishments and for matters connected therewith and incidental theretobe it enacted by the parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the women's (reservation in workplace) act, 2016(2) it extends to the whole of india5short title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint(4) it applies to such establishment owned, established, controlled, managed or financed by the central or state governments and includes—10(i) a ministry or department or subordinate office or attached office of the government;(ii) a public sector undertaking or statutory authority constituted under any central act;(iii) a corporation in which not less than fifty-one per cent of the paid-up share capital is held by the government;(iv) a university established by a central act and its affiliated colleges, including medical and engineering colleges and institutions;5(v) a primary or secondary school or any other educational institutions; (vi) an industry, trade or business;18 of 2013(vii) a government company as defined under sub-section (45) of section 2 of the companies act, 2013;10(viii) an autonomous body, organisation or institution receiving grant or aid from the consolidated fund of india; and (5) it may also apply to the private establishments to such extent and in such manner as they may voluntarily decide to apply to their establishmentsdefinitions2 in this act, unless the context otherwise requires,—(a) "appointing authority", in relation to a service or post in an establishment, means the authority empowered to make appointment to such service or post;15(b) "chairperson" means the chairperson of the council on women's welfare at workplace, appointed under sub-clause (a) of clause (2) of section 14 of the act;(c) "council" means the council on women's welfare at workplace, set up under section 14 of the act;20(d) "government" means the central government; (e) "group 'a' post" means a post which is classified as such by the president in exercise of the powers conferred by the proviso to article 309 of the constitution or by or under any act of parliament and includes an equivalent post in any establishment;(f) "prescribed" means prescribed by rules made under this act;25(g) "promotion by non-selection" means promotion made on the basis of seniority-cum-fitness;(h) "promotion by selection" means promotion made on the basis of merit-cumseniority;(i) "recruitment year" means the calendar year for which the recruitment is made;30(j) "scientific or technical post" means posts for which qualifications in natural sciences or exact sciences or applied sciences or technology are essential and the incumbent of such post shall have to use his or her knowledge in such sciences for discharge of duties353 (1) the government shall reserve not less than thirty percentage of posts for women for appointments in establishments by direct recruitment and promotion, in such manner, as may be prescribed(2) the vacancy reserved for women under sub-section (1) shall be filled in such manner, as may be prescribedreservation for women in appointments by direct recruitment and promotion404 (1) notwithstanding anything contained in section 3, there shall be no reservation where appointments are made—no reservation in certain cases(i) for a period of less than forty-five days; (ii) where work is required for any emergency relief work;(iii) to posts higher than the lowest grade of group 'a' posts and to thoseclassified as scientific or technical post; and(iv) to posts in which employment of women is prohibited or restricted by orunder any law for the time being in force5(2) the central government may, by notification in the official gazette, exempt anyinstitution of national importance and indian institutes of management from the application of this act(3) every notification issued under sub-section (2) shall be laid before each house of parliament10 155 in the case of promotion by selection from one group 'a' post to another group 'a'post which carries the scale of pay, the maximum of which is equal to or less than the maximum of the scale of pay of a director in the central secretariat service or equivalent posts in other establishments, women officers, who are fit to hold the post and are relatively senior so as to be within the number of vacancies for which the select list is to be drawn, shall be included in such select list and considered for appointmentinclusion of womenofficers inselect list in case of promotion within group 'a'6 (1) the appointment to the unreserved vacancy shall be open to all eligible persons,including womenunreserved vacancies to be open to women20(2) where such unreserved vacancy is filled by direct recruitment or promotion by a women on the basis of merit, then, such person shall be appointed against the unreserved vacancyfee concession7 the examination fee or application fee, determined for recruitment to a service or post through competitive examination or otherwise, shall be exempted or be reduced to such extent for women as may be prescribed25relaxation in qualifications and experience8 (1) any standard of suitability, excluding the essential and desirable qualifications,required for appointment by direct recruitment to a post may be relaxed for women, if sufficient number of such candidates possessing requisite standards are not available to fill the vacancies reserved for them:provided that no such appointment shall be made where the candidate is found unfit to hold the post30(2) the experience required for appointment by direct recruitment to a post may berelaxed for women, if at any stage of selection, sufficient number of such candidates possessing the requisite experience are not available to fill the vacancies reserved for themreservation in case of promotion359 (1) where a qualifying examination is held to determine fitness of eligible personsfor promotion by non-selection and sufficient number of women fulfilling the qualifying standards are not available to fill the vacancies reserved for them, such qualifying standards may be relaxed, consistent with the minimum standards of fitness required for appointment to the post, in the case of women40(2) where qualifying examination is held to determine merit of eligible persons forpromotion by selection and sufficient number of women fulfilling the qualifying standards are not available to fill the vacancies reserved for them, such qualifying standards may be relaxed, consistent with the minimum standards of merit required for appointment to the posts, in the case of women10 the vacancies reserved for women shall be filled by women onlyreserved vacanies to be filled by women4511 where posts in an establishment are to be abolished and as a result thereof, the services of certain persons are required to be either surrendered or terminated, no such surrender or termination shall be made in respect of women, if it results in lowering their representation in relation to the percentage of reservation fixed for themabolition of posts not to affect the representation of womenappointment and duties of liason officer12 (1) every establishment shall designate an officer of such rank, as may be prescribed, to function as a liaison officer for the purpose of ensuring that the provisions of this act or the rules made thereunder or any direction of instruction issued by the government regarding reservation are not contravened5(2) the liaison officer shall, from time to time, inspect and verify the documents, records and reports with respect to appointments of women made by the appointing authority by direct recruitment or promotion10(3) where the liaison officer is satisfied that any establishment has contravened the provisions of this act or the rules made thereunder or any direction or instruction issued, he shall submit a report of such contravention to the head of the establishment(4) on receipt of the report of contravention under sub-section (3), the head of establishment shall take disciplinary action under section 16 against the person responsible for such contravention1513 (1) every appointing authority, or an officer authorised by him in this behalf, shall maintain such documents and records, and furnish every year a report on the appointments of women made by direct recruitment and promotion, in such manner and at such time, as may be prescribedmaintenance of documents and records and furnishing of reports by appointing authority20(2) the appointing authority or any other officer authorised by him shall make available such documents and records for inspection, furnish such information, and render such assistance, to the liason officer, as may be necessary, to enable him to carry out his functions under this act14 (1) the government shall constitute a council to be called the council on women's welfare at workplacecouncil on women's welfare at workplace25(2) the council on women's welfare at workplace shall consist of the following members, namely—(a) the union minister for women and child developmentchairperson, ex-officio,(b) secretary, ministry of women and child developmentmember, ex-officio,30(c) the chairperson of the national commission for womenmember, ex-officio,(d) two prominent lawyers in the field of women's rightsmember(e) two social workers working in the field of women's rightsmember35(3) the members of the council, referred to in sub-clauses (c), (d) and (e) of clause (2)shall as soon as may be, choose one amongst themselves to be vice-chairperson of the council for such period as they may decide(4) the council shall make recommendations to the union government on—(a) developing and organizing training programmes to advance the competence of women for appointment to services and posts;40(b) providing necessary social services to enable parents to combine family obligations with work responsibilities, in particular through the promotion of establishments and development of a network of child-care facilities;(c) formulating policies regarding flexible work schedules and other such policies that would attract and retain women in workplaces45(d) any other matter relating to women's welfare at workplace, as the council may decide(5) more than one half of the total number of members of the council shall constitute the quorum at its meetings(6) the council shall determine its own procedure in the performance of its functions5(7) every decision of the council shall be taken at a meeting, by a majority of the members present and voting(8) no act or proceedings of the council shall be invalid merely by reason of—(a) any vacancy in, or any defect in, the constitution of the council; or(b) any defect in the appointment of a person as a member of the council; or (c) any procedural irregularity of the council not affecting the merits of the case10(9) the council may decide about the modalities to resolve disputes arising out of its recommendations(10) the term of office of the members of the council shall be such as may be prescribed(11) the council shall, subject to such regulations as made in this behalf, appoint officers and other employees, as it may deem necessary15(12) the members, officers, and staff appointed by the council subject to other conditions of service, shall be entitled to such remunerations as may be prescribed15 the central government shall take steps to incentivise private establishments to provide equal employment opportunities to womencentral government to incentive the private establistment2016 where any person responsible for implementing the provisions of this act or the rules made thereunder, intentionally contravenes any of the provisions thereof, he shall be liable for disciplinary action under the service rules applicable to such persondisciplinary action for contravention of provisions of act17 the government may, for giving effect to the provisions of this act or the rules thereunder, issue such directions to establishments, as it deems fitpower to issue directions power to make rules18 (1) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act25(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely—(a) the manner of reservation under sub-section (1) of section 3; (b) the manner of filling vacancies under sub-section (2) of section 3;30(c) the exemption, or the extent of reduction in examination fee and application fee under section 7;(d) the rank of the officer to be designated as the liaison officer undersub-section (1) of section 12;35(e) the document of records to be maintained and the time and manner offurnishing report under sub-section (1) of section 1340(3) every rule made by the central government under this section shall be laid, as soon as may be, after it is made, before each house of the 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 promise of equal opportunity for women has remained as a mere promise in our country since independence though our constitution has guaranteed these promises in terms of the fundamental right of equality, women are deprived of employment opportunities however they are qualified and deserving it is high time that the women community is unshackled from their discriminatory status in the societyarticle 15 of the constitution of india further prohibits discrimination on the basis of sex, even as it allows for state to make special provisions for women this is in line with the provisions on international conventions like the universal declaration of human rights (1948), the united nations convention on the elimination of all forms of discrimination against women (1979) [cedaw] article 4(2) of cedaw allows for special measures to be taken in the case of accelerating equality of men and women this principle has been reiterated in article 5 of discrimination (employment and occupation) convention, 1958 (no 111)india has been a signatory of the united nations and the international labour organisation conventions recognising the equality of the sexes further, it has adopted legislations that uphold equal remuneration, maternity benefits, etc however, women in many parts of the country are kept away from active participation in the workplacethis bill aims to ensure that women find a respectful position in the society by bringing an end to the discrimination meted out of them the state shall endeavour to take a progressive step towards providing women 30% reservation in all workplaces across the countryhence this billtiruchi siva financial memorandumclause 14 of the bill seeks to constitute a council for women's welfare at workplacethe council shall function under the chairmanship of the union minister for women and child development and will have the secretary of ministry of women and child development as a member, along with the chairperson of the national commission for women, and two prominent lawyers and two social workers in the field of women's rights2 the creation of the council will involve expenditure on account of office expenses, salaries and allowances of the officers and staff3 at this stage, it will be difficult to quantify the exact amount of expenditure of both recurring and non-recurring nature on account of the constitution of the council hence, the bill, if enacted will involve expenditure from the consolidated fund of india memorandum regarding delegated legislation1 sub-clause (1) of clause 3 of the bill empowers the central government to prescribe the manner of reservation by direct recruitment and promotion for women in establishments sub-clause (2) thereof empowers the central government to prescribe the manner of filling such vacancy2 sub-clause (2) of clause 4 of the bill empowers the central government to amend the schedule, by notification in the official gazette, to include or, omit from, such schedule any institution of national importance and indian institutes of management3 clause 7 of the bill empowers the central government to prescribe the extent of fee concession for women4 sub-clause (1) of clause 12 of the bill empowers the central government to prescribe the rank of the officer who may be designated as the liaison officer5 sub-clause (1) of clause 13 empowers the central government to prescribe the manner of maintaining documents and records, and the manner and time of furnishing report on appointments of women made by direct recruitment and promotion, by the appointing authority6 clause 17 provides for central govt to make rules for the purpose of carrying out the provisions of this act7 the matters in respect of which rules may be made or notification may be issued are essentially matters of detail or procedure only the delegation of legislative power is, therefore, of a normal character rajya sabha———— a billto provide for reservation of posts for women in establishments and for matters connected therewith and incident thereto————(shri tiruchi siva, mp)gmgipmrnd—3196rs(s3)—18112016

Parliament_bills

c5a0d95e-c04b-5ea1-8bf6-7c646580986d

bill no 102 of 2005 the cess laws (repealing and amending) bill, 2005 a billto repeal certain enactments and to amend certain other enactments relating to levy of cess on certain itemsbe it enacted by parliament in the fifty-sixth year of the republic of india as follows:—1 this act may be called the cess laws (repealing and amending) act, 2005short title2 the enactments specified in the first schedule are hereby repealed to the extentmentioned in the fourth column thereofrepeal of certain enactments53 the enactment specified in the second schedule is hereby amended to the extentand in the manner mentioned in the fourth column thereofamendment of act 26 of 1975savings4 (1) the repeal or amendment by this act of any enactment shall not—(a) affect any other enactment in which the repealed enactment has beenapplied, incorporated or referred to;10(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;(c) 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 or recognised or derived by, in or from any enactment hereby repealed;5(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 189710(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 repealscollection and payment of arrears of duties5 notwithstanding the repeal of the enactments specified in the first schedule or the amendments in the enactment as specified in the second schedule, the proceeds of duties levied under the said enactments immediately preceding date on which the cess laws (repealing and amending) bill, 2005 receives the assent of the president,—15(i) if collected by the collecting agencies but not paid into the reserve bank of india; and(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 india20 the first schedule (see section 2) repeals| year | no | short title | extent of repeal ||----------------|---------|-----------------------------------------------------|--------------------|| 1 | 2 | 3 | 4 || 5 | | | || 1942 | 7 | the coffee act, 1942 | sections 11 || and 13 | | | || 1972 | 13 | the marine products export development authority | sections 14 || act, 1972 | and 15 | | || 10 | | | || 1986 | 3 | the agricultural and processed food products export | || the whole | | | || cess act, 1985 | | | || 1986 | 11 | the spices cess act, 1986 | the whole | the second schedule (see section 3) amendments| year | no | short title | amendments ||---------------------------------|-------|----------------------------|--------------|| 1 | 2 | 3 | 4 || 5 | | | || 1975 | 26 | the tobacco cess act, 1975 | ( || i | | | || ) section 4 shall be omitted | | | || 10 | | | || ( | | | || ii | | | || ) in section 5, for the words | | | || and figures "duties of excise | | | || and customs levied under | | | || sections 3 and 4 respectively", | | | || the words and figure "duty of | | | || excise levied under section 3" | | | || shall be substituted | | | | statement of objects and reasonsat present the export of several agricultural products are subject to levy of cess under different enactments such as, the agricultural and processed food products export cess act, 1985, the tobacco cess act, 1975, the spices cess act, 1986, the marine products export development authority act, 1975, and the coffee act, 19422 in recent years, international trade in agricultural products has become extremely challenging for india with the emergence of new competitors some of these competitors have a negligible domestic demand and can export almost their entire produce at very cheap rates, thus, displacing the conventional demand for indian products in the international market further, many developed countries provide huge subsidies to support their domestic agriculture these subsidies enable these developed countries to establish and corner large shares in global markets a cess on indian exports is a handicap to our exporters and provide other countries exporters with a competitive edge3 from a policy perspective, the central government has taken the consistent view that taxes and duties ought not to be exported the cess levied under all acts referred to above is unambiguously an export tax imposition of such an export duty tax is clearly anomalous and runs counter to policy it reduces competitiveness of agricultural exports and is plainly unjustifiable the only action consistent with government's avowed policy is to do away with the cess collected under abovesaid statutes4 since the cess is levied as a duty of customs, the exporter is required to go through the rigours of all customs procedures before the commodity can be physically shipped out of the country this entails transaction costs, delays, and compliance with procedural formalities most exporters have complained bitterly about these transaction costs and have strongly pleaded for altogether removing all such cess levies5 the enactments levying the cess do not contain any provision for grant of exemption it is, therefore, proposed to repeal the agricultural and processed food products export cess act, 1985, the spices cess act, 1986, sections 14 and 15 of the marine products export development authority act, 1972, sections 11 and 13 of the coffee act, 1942; and to amend the tobacco cess act, 1975, to abolish cess on the export of agricultural products levied under the respective acts6 this bill seeks to achieve the above objectsnew delhi;the 21st july, 2005kamal nath financial memorandumthe proposed bill provides repealing of the agricultural and processed food products export cess act, 1985, the spices cess act, 1986, sections 14 and 15 of the marine products export development authority act, 1972, sections 11 and 13 of the coffee act, 1942; and to amend the tobacco cess act, 1975, to abolish cess on the export of agricultural produces levied under the respective actsno recurring or non-recurring expenditure is involved in the administration of the proposed legislation annexure extracts from the coffee act, 1942 (7 of 1942) duties of customs and of exciseduty of customs11 a duty of customs shall be levied on all coffee produced in india and exported from india at such rate not exceeding fifty rupees per quintal as may be fixed by the central government by notification in the official gazette payment of proceeds of duty to the board13 (1) the proceeds of the duty of customs levied under this act (all of which shall form part of the consolidated fund of india), reduced by the cost of collection as determined by the central government, shall, if parliament by appropriation made by law in this behalf so provides, be paid to the board for being utilised for the purposes of this act52 of 1962(2) the provisions of the customs act, 1962, and the rules and regulations madethereunder, shall, as far as may be, apply in relation to—(a) the refund of the duty of customs where coffee is exported and subsequently imported into india; and(b) the export, without payment of the duty of customs, of coffee which is subsequently to be imported into india ————— extracts from the marine products export development authority act, 1972 (13 of 1972) chapter iv finance, accounts and audit14 (1) there shall be levied on all marine products which are exported, a cess for the purposes of this act at such rate not exceeding three per cent ad valorem as the central government may, by notification in the official gazette, fiximposition of a cess on marine products exported(2) the cess levied under sub-section (1) shall be in addition to any cess or duty leviable on marine products under any other law for the time being in force52 of 1962(3) the provisions of the customs act, 1962, and the rules and regulations madethereunder, including those relating to refunds and exemptions from duty, shall, as far as may be, apply in relation to the levy and collection of the cess leviable under sub-section (1) as they apply in relation to the levy and collection of a duty of customs under that act or those rules and regulationspayment of proceeds of cess to the authority15 the proceeds of the cess levied under section 14 shall first be credited to the consolidated fund of india and the central government may, if parliament by appropriation made by law in this behalf so provides, pay to the authority, from time to time, from out of such proceeds, after deducting the expenses of collection, such sums of money as it may think fit for being utilised for the purposes of this act extracts from the tobacco cess act, 1975 (26 of 1975) 4 of 1975duties of customs on tobacco4 (1) there shall be levied and collected, by way of a cess for the purposes of the tobacco board act, 1975, a duty of customs at such rate not exceeding one per cent ad valorem as the central government may specify, by notification in the official gazette, on all tobacco, which is exportedexplanation—"exported" means taken out of india by land, sea or air (2) the duties of customs levied under sub-section (1) shall be in addition to any cess or duty leviable on tobacco under any other law for the time being in force52 of 1962(3) the provisions of the customs act, 1962 and the rules and regulations made thereunder, including those relating to refunds and exemptions from duty, shall, as far as may be, apply in relation to the levy and collection of the duty of customs leviable under sub-section (1) as they apply in relation to the levy and collection of duties of customs under that act or those rules and regulationscrediting proceeds of duties to consolidated fund of india4 of 19755 the proceeds of the duties of excise and customs levied under sections 3 and4 respectively shall first be credited to the consolidated fund of india and the central government may, if parliament, by appropriation made by law in this behalf, so provides, pay to the board, from time to time, from out of such proceeds, after deducting the expenses on collection, such sums of money as it may think fit for being utilised for the purposes of the tobacco board act, 1975 lok sabha————— a billto repeal certain enactments and to amend certain other enactments relating to levy of cess on certain items—————mgipmrnd—2170ls(s3)—05-08-2005

Parliament_bills

ae368b07-f589-5a1f-9e6e-090ebd633f11

bm no 86 or i"" the indian tariff (amendment) bill, 1964 bnlfurther to amend the indian tariff act, 1934 be it enacted by parliament in the fifteenth year of tlle republic of india as follows:-1 (1) this act may be called the indian tariff (amendment) short title act, 1964 and commencement s (2) the provisions of clauses (i), (iv) and (v) of section 2 shall come into force on the 1st day of january, 1965, and the remaining provisions shall come into force at once 2 in the first schedule to the indian tariff act, 1934,-amendment offint schedule (i) in items nos 28(4), 28(33), 28(34) and 30(14),-10 (a) in the third column headed "nature of duty" for the word "protective", wherever it occurs, the word "revenue" shall be substituted; (b) in the last column headed "duration of protective rates of duty", the existing entries shall be omittedj : (ii) after item no 28(34), the following items shall be inserted, namely:- cc 28(35) 2-amino-anthraquinode-(a) of british manufacture ; 145 per cent lid december 31st, 1967· wlormr i 55 per cent ad december 31st, 1967· fxjlorern protective s (b) dot of british manufactule protective benzaothrone-(a) of british manufacture ; 28 (36) 65 per cent j december 311t, 1967· tjalor"" i december 31s~ 1967· 75 per cent ad fjalofwn j protective (b) not of british manufacture protective 10 \65 per cent ad i december 31~ 1967· oalotrwn as (37) beta oxy naphthoic acid-(a) of british manufacture ; protective i 7s ~ cent ad j)ec:ember 3ibt, 1967·" ; is va __ - (lj) dot of british manufacture prot ;:t've (iii) in item no 30(1), for sub-item (b), the following sub-item shall be substituted, namely:-« (b) coupq dyes of the napbthol i p group-december 3ist, 196'] (i) napbthols ; i rotective 5!!j: cent ad - december 31~ 1967 (ia) fast colour bases ; 1--75 per t;ellt ad valor", (m) bases other than at (ia) above revenue 50 per cent ad , 20 fjalc"", ! 25 (tv) in items nos 30(15) and 30(16), in the last column headed "dumtion of protective rates of duty",_ for the word, figures and letters "december 31st, 1964", the word, figures and letters "december 31st 196t' shall be substituted; (v) in items nos 66 (a) and 66 (1), in the last column headed "duration of protective rates of duty", for the word, figures and letters " december 31st, 1964", the word, figures and letters "december 31st, 1968" sha1l~ be substituted statement of objects and lu:asonsthe bill seeks to amend the first schedule to the indian tariff act, 1934, (32 of 1934), in order to continue or discontinue protection to certain industries and to bring certain new items under the scheme of protection on the advice of the tariff commission 2 the industries which will continue to be protected are:-sno item no of tarift' name of iiiduitrj i 30 (is) and 30 (16) dyestuff aluminium 2 66 (a) and 66 (i) 3 the industries in respect of which protection will be discontinued from 1st january, 1965 are:-i 28 (4) soda ash 2 28 (33) calcium carbide 3· 28 (34) caustic soda 4· 30 (14) titanium dioxide 4 the new items created in the said schedule under the scheme of protection are:-1 28 c3s) 2-amino-anthraquinone 2 28 (36) benzanthrone 3· 28 (31) beta oxy naphthoic acid 4· 30 (i) (6) (,) naphthols , 30 (1) (b) (ii) fast colour bases _ _'__---_- _ _-new delhi; manubhai shah the 11th december, 1964 president's recommendation under article 117 of the constitution of india[copy of letter no 52(2)-tar/64, c:klted the ,14th december, 1964 from shri manubhai shah, minister of commerce to the secretary, lok sabba] the president having been informed of the subject matter of the indian, tariff (amendment) bill, 1964, recommends under article 117 (1) of the constitution of india, the introduction of the bill in ~e november-pecember 1~ sessio~ of the lok sabm a bill further to amend the indian tariff act, 1934 (slari manubhai shah, minister of commerce)

Parliament_bills

f6dc24e1-d706-5d3a-b88d-71d7e2c01588

bill no 83 of 2022 the appropriation (no 3) bill, 2022 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 2021-22be it enacted by parliament in the seventy-third year of the republic of india as follows:—1 this act may be called the appropriation (no 3) act, 2022short 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 to the sum of one lakh fifty-eight thousand three hundred fifty-six crore and ten lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2021-22 in respect of the services specified in column 2 of the scheduleissue of rs 158356,10,00,000 out of the consolidated fund of india for the financial year 2021-22 appropriation the schedule(see sections 2 and 3) 1 23no services and purposessums not exceedingofvoted bycharged ontotalvoteparliamenttheconsolidatedfund1department of agriculture, cooperation and farmers' welfare revenue3,00,0003,00,0002department of agricultural research and education revenue2,00,0002,00,0003atomic energy revenue1,00,0001,00,000capital1346,98,00,0001346,98,00,0004ministry of ayurveda, yoga and naturopathy, unani, siddha andhomoeopathy (ayush) revenue1,00,0001,00,0005department of chemicals and petrochemicals revenue1,00,0001,00,0006department of fertilizers revenue15265,15,00,00015265,15,00,0007department of pharmaceuticals revenue113,70,00,000113,70,00,0008ministry of civil aviation revenue1,00,0001,00,000capital329,49,00,000329,49,00,0009ministry of coal revenue109,22,00,000109,22,00,00010department of commerce revenue266,07,00,00010,00,000266,17,00,00011department for promotion of industry and internal trade revenue3,00,0003,00,00012department of posts capital22,24,00,00022,24,00,00013department of telecommunications revenue1,00,0001,00,000capital1,00,0001,00,00015department of food and public distribution revenue1,00,0001,00,000capital1,00,0001,00,00017ministry of culture revenue2,00,0002,00,00018ministry of defence (civil) revenue468,97,00,000468,97,00,000capital1774,63,00,0001774,63,00,00019defence services (revenue) revenue1659,96,00,00010,22,00,0001670,18,00,00020capital outlay on defence services capital1,00,000 76,22,00,00076,23,00,00021defence pensions revenue1028,50,00,0001028,50,00,00022ministry of development of north eastern region revenue1,00,0001,00,000capital29,67,00,00029,67,00,00023ministry of earth sciences revenue7,01,00,0007,01,00,000capital1,00,0001,00,00024department of school education and literacy revenue1,00,0001,00,00025department of higher education revenue3,00,0003,00,00026ministry of electronics and information technology revenue3,00,0003,00,00027ministry of environment, forests and climate change revenue1,00,0001,00,00029department of economic affairs revenue1069,86,00,0001069,86,00,000capital1,00,0001,00,00031department of financial services revenue7623,91,00,0007623,91,00,000capital26317,97,00,00026317,97,00,00033department of revenue revenue8294,11,00,0008294,11,00,00034direct taxes revenue26,55,00,00026,55,00,000capital2,00,0002,00,00035indirect taxes revenue1,00,0001,00,00036indian audit and accounts department capital30,00,00,00030,00,00,00039pensions revenue7132,00,00,0007132,00,00,00040transfers to states revenue8838,21,00,0008838,21,00,000capital5000,01,00,000100,00,00,0005100,01,00,00041department of fisheries revenue197,40,00,000197,40,00,00042department of animal husbandry and dairying revenue10,02,00,00010,02,00,00043ministry of food processing industries revenue2,00,0002,00,00044department of health and family welfare revenue6,00,0006,00,000capital500,00,00,000500,00,00,00046department of heavy industry revenue1,00,0001,00,000| rs | rs | rs ||-------|-------|-------|| 1 | 2 | 3 ||-----------------------------------------------------|------------------------------------------------------------------|--------------------|| no | services and purposes | sums not exceeding || of | voted by | charged on || vote | parliament | the || consolidated | | || fund | | || 50 | police revenue | 1480,00,00,000 || capital | 1,00,000 | || 51 | andaman and nicobar islands revenue | 154,14,00,000 || capital | 17,00,000 | || 52 | chandigarh revenue | 9,00,000 || capital | 7,00,000 | || 53 | dadra and nagar haveli and daman and diu revenue | 1,00,000 || 54 | ladakh revenue | 1265,65,00,000 || 56 | transfers to delhi revenue | 72,50,00,000 || 57 | transfers to jammu and kashmir revenue | 3989,18,00,000 || 58 | transfers to puducherry revenue | 150,00,00,000 || 59 | ministry of housing and urban affairs revenue | 30232,70,00,000 || capital | 82,47,00,000 | || 61 | department of water resources, river development and ganga | || rejuvenation revenue | 4,00,000 | || capital | 2,00,000 | || 63 | ministry of labour and employment revenue | 10260,62,00,000 || 64 | law and justice revenue | 1,00,000 || 67 | ministry of micro, small and medium enterprises revenue | 2,00,000 || 68 | ministry of mines revenue | 2786,57,00,000 || 70 | ministry of new and renewable energy revenue | || 1,00,000 | | 1,00,000 || capital | 2500,00,00,000 | || 71 | ministry of pachayati raj revenue | 1,00,000 || 73 | ministry of personnel, public grievances and pensions revenue | 2,00,000 || capital | 2,00,000 | || 75 | ministry of petroleum and natural gas revenue | 1,00,000 || 76 | ministry of planning revenue | 1,00,000 || 77 | ministry of ports, shipping and waterways revenue | 2,00,000 || capital | 402,35,00,000 | || 78 | ministry of power revenue | 2296,04,00,000 || capital | 1277,54,00,000 | || 80 | lok sabha revenue | 1,00,000 || c | | || harged | | || — | union public service commission | revenue || 84 | ministry of railways revenue | 1,00,000 || capital | 1415,51,00,000 | 606,92,00,000 || 85 | ministry of road transport and highways revenue | 396,55,00,000 || capital | 1629,00,00,000 | || 86 | department of rural development revenue | 9668,01,00,000 || 87 | department of land resources revenue | 1,00,000 || 88 | department of science and technology revenue | 1,00,000 || 89 | department of biotechnology revenue | 2,00,000 || 90 | department of scientific and industrial research revenue | 10,00,00,000 || 91 | ministry of skill development and entrepreneurship revenue | 2,00,000 || capital | 25,00,00,000 | || 92 | department of social justice and empowerment revenue | 1,00,000 || 93 | department of empowerment of persons with disabilities revenue | 1,00,000 || 94 | department of space revenue | 1,00,000 || capital | 1,00,000 | || 96 | ministry of steel revenue | 1,00,000 || 97 | ministry of textiles revenue | 3,00,000 || 98 | ministry of tourism revenue | 1,00,000 || 1,00,000 | | || 99 | ministry of tribal affairs revenue | 1,00,000 || 100 ministry of women and child development revenue | 1,00,000 | || 101 ministry of youth affairs and sports revenue | 52,00,000 | || t | | || otal | | || : | | || 157557,13,00,000 | 798,97,00,000 | 158356,10,00,000 || 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 for the financial year 2021-22nirmala sitharaman———— president's recommendation under article 117 of the constitution of india————[f no 4(1)-b(sd)/2022, dated 1132022 from smt nirmala sitharaman, 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 2021-22, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no 3) bill, 2022 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 2021-22————mgipmrnd—2228ls(s3)—11-03-2022

Parliament_bills

fdd916b7-f25c-5df5-86a7-d3a6ffed0181

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————

Parliament_bills

8b425b5c-fe45-56c2-9738-81b58caee73a

errata to the national housing bank (amendment) bill, 2000 (to be/as introduced in rajya sabha)page 2 ~ 6) line 12, add "the" before reserve bank (ii) line 33, for "offinancial" read "of financial" page 3, line 11, delete "the" before "securities" page 12, line 37, for "provision" read "provisions" page 13, line 16, for "notificatio" read "notification" page 17 - (i) line 3, for "agains" read "against" (ii) line 15, insert in the margin "5 of 1908" against the proviso to clause 36t ° pge 18, line 36, for "any" read "any" page 19, line 32; marginal heading should be read as "application" instead of "aplication" page 29, line 6, from below for "empower" read "empowers" page 28, line 20, add "twelve" before "months" scheduled banks, state co-operative agricultural and rural development banks or any other institution or class of institutions as may be notified by the central government; (ba) making of loans and advances for housing or residential townshipcum-housing development or slum clearance projects;"; (ii) after clause (e), the following clauses shall be inserted, namely:-— "(ea) buying, selling or otherwise dealing in any loans or advances secured by mortgage or charge of the immovable property relating to scheduled banks or housing finance institutions; (eb) creating one or more trusts and transferring loans or advances together with or without the secirities therefor to such trusts for a consideration; (ec) setting aside loans or advances held by the national housing bank and issuing and selling securities based upon such loans or advances so set aside in the form of debt obligations, trust certficates of beneficial interest or other insturments, by whatever name called, and to act as trustee for the hold-' ers of such securities; (ed) setting up of onc or more mutual funds for undertaking housing finance activities; (ee) undertaking or participating in housing mortgage insurance;"; (iii) for clause (f), the following clause shall be substituted, namely:— "(f) promoting, forming, conducting or associating in the promotion, formation or conduct of companies, mortgage banks, subsidiaries, societies, trusts or such other association of persons as it may deem fit for carrying out all or any of its functions under this act;" 8 in section 15 of the principal act, in sub-section (/),— amendment of section 15 (a) in clause (b), for the words "the central government", the words "the central government, scheduled banks, financial institutions, mutual funds" shall be substituted; (b) in clause (c), for the words "a period which shall not be less than twelve months from the date of the making of the deposit", the words "such period and" shall be substituted; (c) in clause (d), for sub-clause (i), the following sub-clause shall be substituted, namely:— ' "(i) by way of loans and advances and generally obtain financial assistance in such manner or on such terms and conditions as may be specified by the reserve bank;" 9 after section 16 of the principal act, the following sections shall be inserted, namely:— "16a (1) where any person or institution seeks any financial assistance from assistance to the borrower when to operate the national housing bank on the security of any immovable property belonging to him or to that institution or on the security of the property of some other person whose property is offered as a collateral security for such assistance, such person or or a charge in the property offered as institution or, as the case may be, such other person may execute a written declarasecuritytion in the form set out in the third schedule to this act stating therein the particulars of the immovable property which is proposed to be offered as security, or as the case may be, collateral security, for such assistance and agreeing that the dues relating to the assistance, if granted, shall be a charge on such immovable property and, if on receipt of such declaration, the national housing bank grants any financial assistance to the person or institution aforesaid, the dues relating to such assistance shall, without prejudice to the rights of any other creditor holding any prior charge or mortgage in respect of the immovable property so specified, be, by virtue of the provisions of this section, a charge on the property specified in the declaration aforesaid (2) where any further immovable property is offered by a person or an institution as security for the financial assistance referred to in sub-section (/), such person or institution may execute a fresh declaration, as far as may be in the form set out in the third schedule to this act, whereupon the dues relating to such assistance shall, by virtue of the provisions of this section, also be a charge on the property specified in such fresh declaration (3) a declaration made under sub-section (/) or sub-section (2) may be varied or revoked at any time by the person or institution as aforesaid, with the prior approval of the national housing bank 16 of 1908 (4) every declaration made under sub-section (/) or sub-section (2), shall be deemed to be a document registrable as an agreement under the provisions of the registration act, 1908 and no such declaration shall have effect unless it is so registered amount and 16b (1) any sums received by a borrowing institution in repayment or realisasecurity to be tion of loans and advances financed or refinanced either wholly or partly by the held in trust national housing bank shall, to the extent of the accommodation granted by the national housing bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the national housing bank, and shall accordingly be paid by such institution to the national housing bank (2) where any accommodation has been granted by the national housing bank to a borrowing institution, all securities held, or which may be held, by such borrowing institution on account of any transaction in respect of which such'accommodation has been granted, shall be held by such institution in trust for the national housing bank" amendment of 10 in section 18 of the principal act, for the words "housing finance institution", the section 18 word "institution" shall be substituted insertion of 11 after section 18 of the principal act, the following sections shall be inserted, new sections namely:— 18a and 18b exemption "18a notwithstanding anything contained in sub-section (/) of section 17 of 16 of 1908from registrathe registration act, 1908,— tion (a) any instrument in the form of debt obligations or trust certificate of beneficial interest or other instruments, by whatever name called, issued by the national housing bank to securitise the loans granted by the housing finance institutions and scheduled banks, and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to an undivided interest afforded by a registered instrument, whereby the national housing bank has acquired the rights and interests in relation to such loans and in securities therefor; or (b) any transfer of such instruments referred to in clause (a), shall not require compulsory registration recovery of 18b where any amount is due under an agreement to the national housifig dues as arrears bank, whether acting as a trustee or otherwise, in respect of securitisation of loans of of land revenue housing finance institutions and scheduled banks, the national housing bank may without prejudice to any other mode of recovery make an application to the state government for the recovery of the amount due to it, and if the state government or such authority, as that government may specify in this behalf, is satisfied that any amount is due, it may issue a certificate for the amount to the collector and the collector shall proceed to recover that amount in the same manner as arrears of land revenue" 12 in sections 19 to 25 of the principal act, for the words "housing finance institu- amendment of tions", wherever they occur, the word "institutions" shall be substituted sues 19 to 13 after section 29 of the principal act, the following sections shall be inserted, insertion of new namely :— sections 29a to 29c "29a (1) notwithstanding anything contained in this chapter or in any other requirement of law for the time being in force, no housing finance institution which is a company gtstration and shall commence or carry on the business of a housing finance institution without— "et owned fund (a) obtaining a certificate of registration issued under this chapter; and (b) having the net owned fund of twenty five lakh rupees or such other higher amount, as the national housing bank may, by notification, specify (2) every such housing finance institution shall make an application for registration to the national housing bank in such form as may be specified by the national housing bank: provided that a housing finance institution which is a company in existence on the commencement of the national housing bank (amendment) act, 2000, shall make an application for registration'to the national housing bank before the expiry of six months from such commencement and notwithstanding anything contained in sub-section (/), may continue to carry on the business of housing finance institution until a certificate of registration is issued to it or rejection of application for registration is communicated to it (3) notwithstanding anything contained in sub-section (/), a housing finance institution which is a company in existence on the commencement of the national housing bank (amendment) act, 2000, and having a net owned fund of less than twenty five lakh rupees, may, for the purpose of enabling such institution to fulfil the requirement of the net owned fund, continue to carry on the busiress of a housing finance institution— (i) for a period of three years from such commencement; or (ii) for such further period as the national housing bank may, after recording the reasons in writing for so doing, extend, subject to the conditions that such institution shall, within three months of fulfilling the requirement of the net owned fund, inform the national housing bank about such fulfilment: provided that the period allowed to continue business under this sub-section shall in no case exceed six years in the aggregate (4) the national housing bank, for the purpose of considering the application for registration, may require to be satisfied by an inspection of the books of such housing finance institution or otherwise that the following conditions are fulfilled: - (a) that housing finance institution is or shall be in a position to pay its present or future depositors in full as and when their claims accrue; (b) that the affairs of the housing finance institution are not being or are not likely to be conducted in a manner detrimental to the interest of its present or future depositors;(c) that the general character of the management or the proposed management of the housing finance institution shall not be prejudicial to the public interest or the interests of its depositors; (d) that the housing finance institution has adequate capital structure and earning prospects; (e} that the public interest shall be served by the grant of certificate of registration to the housing finance institution to commence or to carry on the business in india; (f) that the grant of certificate of registration shall not be prejudicial to the operation and growth of the housing finance sector of the country; and (g) any other condition, fulfilment of which in the opinion of the national housing bank, shall be necessary to ensure that the commencement of or carrying on the business in india by a housing finance institution shall not be prejudicial to the public interest or in the interests of the depositors (5) the national housing bank may, after being satisfied that the conditions specified in sub-section (4) are fulfilled, grant a certificate of registration subject to such conditions which it may consider fit to impose (6) the national housing bank may cancel a certificate of registration granted to a housing finance institution under this section if such institution— (i) ceases to carry on the business of a housing finance institution in india; or (ii) has failed to comply with any condition subject to which the certificate of registration had been issued to it; or (tii) at any time fails to fulfil any of the conditions referred to in clauses (a) to (g) of sub-section (4); or (iv) fails—- (a) to comply with any direction issued by the national housing bank under the provisions of this chapter; or (6) to maintain accounts in accordance with the requirement of any law or any direction or order issued by the national housing bank under the provisions of this chapier; or (c) to submit or offer for inspection its books of account and other relevant documents when so demanded by an inspecting authority of the national housing bank; or (v) has been prohibited from accepting deposit by an order made by the national housing bank under the provisions of this chapter and such order has been in force for a period of not less than three months: provided that before cancelling a certificate of registration on the ground that the housing finance institution has failed to comply with the provisions of clause (ti) or has failed to fulfil any of the conditions referred to in clauses (a) to (g) of subsection (4) the national housing bank, uniess it is of the opinion that the delay in cancelling the certificate of registration shall be prejudicial to public interest or the interest of the depositors or the housing finance institution, shall give an opportunity to such institution on such terms as the national housing bank may specify for taking necessary steps to comply with such provision or fulfilment of such condition: provided further that before making any order of cancellation of certificate of registration, such institution shall be given a reasonable opportunity of being heard(7) a housing finance institution aggrieved by the order or rejection of application for registration or cancellation of certificate of registration may prefer an appeal, within a period of thirty days from the date on which such order of rejection or cancellation is communicated to it, to the central government and the decision of the central government where an apppeal has been preferred to it, or of the national housing bank where no appeal has been preferred, shall be final: provided that before making any order of rejection of appeal, such institution shall be given a reasonable opportunity of being heard explanation—for the purposes of this section, - (1) "net owned fund" means— (a) the aggregate of the paid-up equity capital and free reserves as disclosed in the latest balance-sheet of the housing finance institution after deducting thereform— (i) accumulated balance of loss; (ii) deferred revenue expenditure; and (iii) other intangible assets; and (6) further reduced by the amounts representing— (1) investments of such instituion in shares of - (i) its subsidiaries; (ii) compaines in the same group: (iii) all other housing finance institutions which are companies; and (2) the book value of debentures, bonds, outstanding loans and advances (including hire-purchase and lease finance) made to, and deposits with,— (i) subsidiaries of such company; and (ii) companies in the same group, to the extent such amount exceeds ten per cent of (a) above; 1 of 1956 (ii) "subsidiaries" and "companies in the same group" shall have the same meanings assigned to them inthe companies act, 1956 29b (1) every housing finance institution shall invest and continue to invest in india in unencumbered approved securities, valued at a price noi exceeding the cur- | maintenance | of ||----------------|-------|| percentage | of || assets | |rent market price of such securities, an amount which, at the close of business on any day, shall not be less than five per cent or such higher percentage not exceeding twenty-five per cent as the national housing bank may, from time to time and by notification, specify, of the deposits outstanding at the close of business on the last working day of the second preceding quarter (2) every housing finance institution shall maintain in india in an account with a scheduled bank in term deposits or certificate of deposits (free of charge or lien) or in deposits with the national housing bank or by way of subscription to the bonds issued by the national housing bank, or partly in such an account or in such deposit or partly by way of such subscription, a sum which, at the close of business on any day, together with the investment made under sub-section (/) shall not be less than ten per cent or such higher percentage not exceeding twenty-five per cent, as the national housing bank may, from time to time and by notification specify, of the deposits @tstanding in the books of the housing finance institution at the close of business on the last working day of the second preceding quarter (3) for the purpose of ensuring compliance with the provisions of this section, the national housing bank may require every such housing finance institution to furnish a return to it in such form, in such a manner and for such period as may be specified by the national housing bank (4) if the amount invested by a housing finance institution at the close of business on any day is less than the rate specified under sub-section (/) or sub-section (2), such housing finance institution shall be liable to pay to the national housing bank, in respect of such shortfall, a penal interest at a rate of three per cent per annum above the bank rate on such amount by which the amount actually maintained or invested falls short of the specified percentage, and where the shortfall continues in the subsequent quarters, the rate of penal interest shall be five per cent per annum above the bank rate on such shortfall for eagh subsequent quarter (5) (a) the penal interest payable under sub-section (4) shall be payable within a period of fourteen days from the date on which a notice issued by the national housing bank demanding payment of the same is served on the housing finance institution and, in the event of a failure of the housing finance institution to pay the same within such period, may be levied by 4 direction of the principal civil court having jurisdiction in the area where an office of the defaulting housing finance institution is situated and such direction shall be made only upon and application made in this behalf to the court by the natioaal housing bank; and (b) when the court makes a direction under clause (a), it shall issue a certificate specifying the sum payable by the housing finance institution and every such certificate shall -be enforceable in the manner as if it were a decree made by the court ina suit (6) notwithstanding anything contained in this section, if the national housing bank is satisfied that the defaulting housing finance institution had sufficient cause for its failure to comply with the provisions of sub-section (/) or sub-section (2), it may not demand the payment of the penal interest explanation— for the purposes of this section,— (i) approved securities means securities of any state government or of the central government and such bonds, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by any such government; (ii) "unencumbered approved securities" includes the approved securities lodged by the housing finance institution with another institution for an advance or any other arrangement to the extent to which such securities have not been drawn against or availed of or encumbered in any manner; (iii) "quarter" means the period of three months ending on the last day of march, june, september or december reserve fund 29c (1) every housing finance institution which is a company shall create a reserve fund and transfer therein a sum not less than twenty per cent of its net profit every year as disclosed in the profit and loss account and before any dividend is declared explanation—a housing finance institution creating and maintaining any spe- 43 of 1961cial reserve in terms of clause (viii) of sub-section (/) of section 36 of the income-tax act, 1961, may take into account any sum transferred by it for the year to such special reserve for the purposes of this sub-section (2) no appropriation of any sum from the reserve fund including any sum in the special reserve which has been taken into account for the purposes of reserve fund in terms of sub-section (7), shall be made by such housing finance institution except for the purpose as may be specified by the national housing bank from time to time and every such appropriation shall be reported to the national housing bank within twentyone days from the date of such withdrawal: provided that the national heusing bank may, in any particular case ahd for sufficient cause being shown, extend the period of twenty-one days by such further period as it thinks fit or condone any delay in making such report (3) notwithstanding anything contained in sub-section (/), the central government may, on the recommendation of the national housing bank and having regard to the adequacy of the paid-up capital and reserves of a housing finance institution which is a company in relation to its deposit liabilities, declare by order in writing that the provisions of sub-section (/) shall not be applicable to such housing finance institution for such period as may be specified in the order: provided that no such order shall be made unless the amount inthe reserve fund under sub-section (/), together with the amount in the share premium account, is not less than the paid-up capital of the housing finance institution" 14, after section 30 of the principal act, the following section shall be inserted, _ insertion of new namely:— section 30a "30a (2) if the national housing bank is satisfied that, in the public interest or power of the to regulate the housing finance system of the country to its advantage or to prevent the national affairs of any housing finance institution being conducted in a manner detrimental to pogsing bank the interest of the depositors or in a manner prejudicial to the interest of the housing policy and finance institutions, it is necessary or expedient so to do, it may subject to the proviissue sions of sub-section (5) of section 5, determine the policy and give directions to all or _ directions any of the housing finance institution relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for offbalance-sheet items and also relating to deployment of funds by a housing finance institution or a group of housing finance institutions or housing finance institutions generally, as the case may be, and such housing finance institutions shall be bound to follow the policy so determined and the direction so issued (2) without prejudice to the generality of the powers vested under sub-section (j), the national housing bank may give directions to housing finance institutions generally or to a group of housing finance institutions or to any housing finance institution in particular as to— (a) the purpose for which advances or other fund-based or non-fund-based accommodation may not be made; and (b) the maximum amount of advances or other financial accommodation or investment in shares and other securities which, having regard to the paid-up capital, reserves and deposits of the housing finance institution and other relevant considerations, may be made by that housing finance institution to any person or a company or to a group of companies" 15 in section 31 of the principal act, in sub-section (3), after the word "including", amendment of the words "credit rating of the housing finance institution accepting deposits" shall be insection 31 serted 16 in section 33 of the principal act,— amendment of section 33 (a) after sub-section (/), the following sub-section shall be inserted, namely:— "(1a) the national housing bank may, on being satisfied that it is necessary so to do, in the public interest or in the interest of the depositors or for the purpose of proper assessment of the books of account, issue directions to any housing finance institution or any group of housing finance institutions or housing finance companies generally or to the auditors of such housing finance institution or institutions relating to balance-sheet, profit and loss account, disclosure of liabilities in the books of account or any matter relating thereto"; (b) after sub-section (2), the following sub-section shall be inserted, namely:— "(3) where the national housing bank is of the opinion that it is necessary so to do in the public interest or in the interest of the housing finance institution or in the interest of the depositors of such institution, it may at any time by order, direct that a special audjt of the accounts of the housing finance institution in relation to any such transaction or class of transactions or for such period or periods, as may be specified in the order, shall be conducted and the national housing bank may appoint an auditor or auditors to conduct such special audit and direct the auditor or the auditors to submit the report to it (4) the remuneration of the auditors as may be fixed by the national housing bank, having regard to the nature and volume of work involved in the audit and the expenses of or incidental to the audit, shall be borne by the housing finance institution so audited" insertion of new 17 after section 33 of the principal act, the following sections shall be inserted, sections 33a namely:— and 33b power of "33a (/) if any housing finance institution violates the provisions of any sec- , national tion or fails to comply with any direction or order given by the national housing bank housing bank under any of the provisions of this chapter, the national housing bank may prohibit acceptance of the housing finance institution from accepting any deposit deposit and alienation of (2) notwithstanding anything to the contrary contained in any agreement or assets instrument or any law for the time being in force, the national housing bank on being satisfied that it is necessary so to do in the public interest or in the interest of the depositors, may direct, the housing finance institution against which an order prohibiting from accepting deposit has been issued, not to sell, transfer, create charge or mortgage or deal in any manner with its property and assets without prior written permission of the national housing bank for such period not exceeding six months from the date of the order 33b (1) the national housing bank, on being satisfied that a housing finance institution which is a company,— (a) is unable to pay its debt; or up petition (b) has by virtue of the provisions of section 29a become disqualified to carry on the business of a housing finance institution; or (c) has been prohibited by the national housing bank from receiving deposit by an order and such order has been in force for a period of not less than three months; or (d) the continuance of the housing finance institution is detrimental to the public interest or to the interest of depositors of the company, 1 of 1956may file an application for winding up of such housing finance institution under the companies act, 1956 (2) a housing finance institution which is a company shall be deemed to be unable to pay its debt if it has refused or has failed to meet within five working days any lawful demand made at any of its offices or branches and the national housing bank certifies in writing that such company is unable to pay its debt (3) a copy of every application made by the national housing bank under subsection (j) shall be sent to the registrar of companies 1 of 1956 (4) all the provisions of the companies act, 1956 relating to winding up of a company shall apply to a winding up proceeding initiated on the application made by the national housing bank under this provision" 18 after section 35 of the principal act, the following sections shall be inserted, namely:— insertion of new sections 35a and 35b "35a (1) any information relating to a housing finance institution, - disclosure of information (a) contained in any statement or return submitted by such institution under the provisions of this chapter; or (b) obtained through audit or inspection or otherwise by the national housing bank, shall be treated as confidential and shall not, except otherwise provided in this section, be disclosed (2) nothing in this section shall apply to— (a) the disclosure by any housing finance institution, with the previous permission of the national housing bank, of any information furnished to the national housing bank under sub-section (/); (b) the publication by the national housing bank, if it considers necessary in the public interest so to do, of any information collected by it under subsection (j) in such consolidated form as it may think fit without disclosing the name of any housing finance institution or its borrowers; (c} the disclosure by the housing finance institution or by the national housing bank of any such information to any other housing finance institution or in accordance with the practice and usage customary amongst such institutions or as permitted or required under any other law: provided that any such information received by a housing finance institution under this clause shall not be published except in accordance with the practice and usage customary amongst institutions or as permitted or required under any other law (3) notwithstanding anything contained in this act or in any other law for the time being in force, the national housing bank, if it is satisfied that, in the public interest or in the interest of the depositors or the housing finance institution or to prevent the affairs of any housing finance institution being conducted in a manner detrimental to the interest of the depositors, it is expedient so to do, may, either on its own motion or on being requested, furnish or communicate any information relating to the conduct of business by any housing finance institution to any authority constituted under any law (4) notwithstanding anything contained in any other law for the time being in force, no court or tribunal or other authority shall compel the national housing bank to produce or to give inspection of any statement or other material obtained by the national housing bank under any provision of this chapter 35b the national housing bank on being satisfied that it is necessary so to do, may, declare by notification that any or all the provisions of this chapter shall not apply to a housing finance institution or a group of housing finance institutions either generally or for such period as may be specified, subject to such conditions, limitations or restrictions as it may think fit to impose" 19 after section 36 of the principal act, the following sections shall be inserted, namely:— insertion of new sections 36a and 36b "36a (1) every deposit accepted by a housing finance institution which is a company unless renewed, shall be repaid in accordance with the terms and conditions power to order repayment of deposit of such deposit (2) where a housing finance institution which is a company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, such officer of the national housing bank, as may be authorised by the central government for the purpose of this section (hereinafter referred to as the "authorised officer") may, if he is satisfied, either on his own motion or on any application of the depositor, that it is necessary so to do to safeguard the interests of the housing finance institution, the depositors or in the public interest, direct, by order, such housing finance institution to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order: provided that the authorised officer may, before making any order under this sub-section, give a reasonable opportunity of being heard to the housing finance institution and the other persons interested in the matter nomination by depositors 10 of 1949, 36b (j) where a deposit is held by a housing finance institution to the credit of one or more persons, the depositor or, as the case may be, all the depositors together «may nominate, in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 1949 one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the housing finance institution (2) notwithstanding anything contained in any other law for the time being in force, or in any deposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made purports to confer on any person the right to receive the amount of deposit from the housing finance institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the right of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the manner prescribed by rules made by the cen- 10 of 1949 tral government under section 45za of the banking regulation act, 1949 (3) where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint, in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 1949, any person to receive 10 of 1949 the amount of deposit in the event of his death during the minority of the nominee 10 of 1949(4) payment by a housing finance institution in accordance with the provision of this section shall constitute a full discharge to the housing finance institution of its liability in respect of the deposit: provided that nothing contained in this sub-section shall affect the right or claim which any person may have againstthe person to whom any payment is made under this section (5) no notice of the claim of any person, other than the person or persons in whose name a deposit is held by the housing finance institution, shall be receivable by the housing finance institution, nor shall the housing finance institution be bound by any such notice even though expressly given to'it: provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a housing finance institution, the housing finance institution shall take due note of such decree, order, certificate or other authority" 20 after chapter v of the principal act, the following chapter shall be inserted, namely:— insertion of new chapter va 'chapter va other provisions relating to housing finance institutions36c in this chapter, unless the context otherwise requires,— definitions (a) 'appellate tribunal" means the appellate tribunal established under section 36-i; (5) "approved institution" means— (i) ahousing finance institution which has been granted a certificate of registration under sub-section (5) of section 29a; (ii) 'a scheduled bank; (ii) national housing bank acting as trustee or otherwise in a transaction of securitisation of housing mortgages undertaken by the national housing bank; (iv) such other institutions as the central government may, on the recommendation of the national housing bank, by notification, specify; (c) "assistance" means any direct or indirect financial assistance granted, by an approved institution during the course of any housing finance activity undertaken by it; (d) "borrower" means any person to whom any assistance has been given by an approved institution for the purposes of purchase, construction, repairs, extension or renovation of a residential house; (e) "dues" means any liability which is claimed as due from any person by an approved institution and includes interest, costs, charges and other amount payable in relation thereto; (f) "recovery officer" means an officer apppinted under section 36d appointment of recovery 36d (/) the central government may, in consultation with the national housing bank, by notification appoint such persons being the officers of the approved officer institution, as it may deem fit, to be recovery officers for the purpose of this chapter who shall have such qualifications as the central government may by rules made under this act specify (2) the local limits within which the recovery officer shall exercise the powers conferred and perform the duties imposed on by or under this chapter shall be such as may be specified by the central government by notification | application | to ||----------------|----------|| the | recovery || officer | |36e (7) where any borrower, who is under a liability to an approved institution under an agreement, makes any default in repayment of any assistance or any instalment thereof or otherwise fails to comply with the terms of said agreement, then, without prejudice to the provisions of section 69 of the transfer of property act, 1882, the approved institution may apply, to the recovery officer within the limits of whose jurisdiction the borrower actually and voluntarily resides, or carries on business, or personally works for gain, or the cause of action wholly or in part arises, for the sale of the property pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues ° (2) where an approved institution, which has to recover its dues from any borrower, has filed an application to the recovery officer under sub-section (/) and the same property is also pledged, mortgaged, hypothecated or assigned to another approved institution or person, the other approved institution or person may join the approved institution at any stage of the proceedings, before the final order is passed, by making an application to that recovery officer (3) in the application under sub-section (/) or sub-section (2) the nature and extent of the liability of the borrower to the approved institution or person, the grounds | on which it is made shall be stated and it be in such form and be accompanied by such documents or other evidence as may be prescribed 36f (7) on receipt of an application under section 36e, if the revovery officer is of opinion that the borrower is under a liability to an approved institution under an agreement, or has made default in repayment of the assistance or any instalment thereof procedure in respect of application under section 36e or has otherwise failed to comply wjth the terms of said agreement, he shall cause a written notice of demand in such form as may be prescribed to be served on the borrower, calling upon him to pay the amount specified in the notice within a period of ninety days from the date of service thereof or to show cause as to why the relief prayed for should not be granted (2) the recovery officer may after giving the applicant and the borrower an opportunity of being heard, pass such interim or 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 (3) the recovery officer may also consider and if satisfied, allow any claim of set-off or counter-claim set up by the borrower against the approved institution or person (4) the recovery officer shall supply a copy of every order passed by it to the approved institution and the borrower (5) the recovery officer may make an interim order (whether by way of injunction or stay or attachment) against the borrower to debar him from transferring, alienating or otherwise dealing with or disposing of, any property which is pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues (6) the application made to the recovery officer under section 36e shall be dealt with by him as expeditiously as possible and endeavour shall be made by him to dispose of the application finally within six months from the date of receipt of the application 36g (1) where the borrower refuses or fails to comply with the order within enforcement of order of recovery the time specified therein the recovery officer may, take possession of any property pledged, mortgaged, hypothecated or assigned to the approved institution as security officer for any assistance in respect of which default has been made and transfer by way of sale, lease or otherwise such property: (2) any transfer by way of sale, lease or otherwise under this section shall be conducted in such manner as may be prescribed (3) any transfer of property made by the recovery officer, in exercise of its powers under sub-section (/), shall vest in the transferee all rights in or to the property transferred, as if the transfer has been made by the owner of the property (4) where any action has been taken against the borrower under the provisions of sub-section (j), all costs, charges, expenses which in the opinion of the recovery officer have been properly incurred by him as incidental thereto, shall be recoverable from the borrower and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and secondly, in discharge of debt, due to the approved institution, and the residue of the money so received shall be paid to the person entitled thereto(5) if the dues of the approved institution, together with all costs, charges and expenses incurred by the recovery officer, are tendered to the approved institution or to the recovery officer at any time before the date fixed for sale or transfer, the property shall not be sold or transferred, and no further steps shall be taken for transfer or sale of that property 36h (/) where any property is sold or leased in pursuance of any power con- chief metropolitan magisferred by section 36e, the recovery officer may, for the purpose of taking into custody or under control any such property, request, in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any such property or other documents relating thereto may be situated or found to take possession thereof, and trate and district magistrate to assist recovery officer in taking charge of property 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 property and documents relating thereto; and (b) forward them to the recovery officer (2) for the purpose of securing compliance with the provisions of sub-section (j), the chief metropolitan magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary (3) no act of the chief metropolitan magistrate or the district magistrate done in pursuance of this section shall be called in question in any court or before any authority establishment of appellate tribunal 36-i (1) the central government shall, by notification, establish one or more appellate tribunals, to be known as the housing finance institutions debt recovery appellate tribunals, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act (2) the central government shall also specify in the notification referred to in sub-section (/), the areas in relation to which the appellate tribunal may exercise jurisdiction (3) notwithstanding anything contained in sub-sections (/) and (2), the central government may authorise the presiding officer of an appellate tribunal to discharge also the functions of the presiding officer of other appellate tribunal composition of appellate tribunal 36j an appellate tribunal shall consist of one person only (hereinafter referred to as the presiding officer of the appellate tribunal) to be appointed, by notification, by the central government 36k a person shall not be qualified for appointment as the presiding officer of an appellate tribunal, unless he-— qualifications for appointment as presiding officer (a) is, or has been, or is qualified to be a district judge; | of ||-----------|| tribunal |(b) has been a member of the indian legal service and has held a post in grade ii of that service for at least three years term of office 36l the presiding officer 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 36m (1) the central government shall provide the appellate tribunal with such officers and other employees as that government may think fit' | staff ||-----------|| appellate || tribunal |(2) the officers and other employees of the appellate tribunal shall discharge their functions under the general superintendence of the presiding officer (3) the salaries and allowances and other conditions of service of the officers and other employees of the appellate tribunal shall be such as the central government may by rules made under this act specify 36n the salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the presiding officer of an appellate tribunal shall be such as the central government may by rules made under this act specify: salaries and allowances and other terms and conditions of service of presiding officers provided that neither the salary and allowances nor the other terms and conditions of a presiding officer shall be varied to his disadvantage after appointment filling up of 360 if, for any reason other than temporary absence, any vacancy occurs in vacancies the office of the presiding officer of an appellate tribunal, then the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filled 36p (1) the presiding officer of an appellate tribunal may, by notice in writ- resignation and removal ing under his hand addressed to the centrtal government, resign his office: provided that the said presiding officer 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 earliest (2) the presiding officer of an appellate 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 enquiry made by a judge of a high court in which the presiding officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges (3) the central government may, by rules made under this act, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid presiding officer 36q no order of the central government appointing any person as the presid- orders constituting appeling officer of an appellate tribunal shall be called in question in any manner, and no jate tribunal to be final and not act or proceeding before an appellate tribunal shall be called in question in any manner on the ground merely of any defect in the establishment of an appellate tribunal to invalidate its proceedings 36r an appellate tribunal shall exercise the jurisdiction, powers and authority to entertain appeals against any order made or deemed to have been made by the recovery officer under this act jurisdiction, powers and authority of appellate tribunal 36s (1) any person aggrieved by an order made or deemed to have been made by the recovery officer under this chapter, may prefer an appeal to an appellate tri- appeal to the appellate tribunal bunal having jurisdiction in the matter (2) every appeal under sub-section (1) shall be filed within a period of fortyfive days from the date on which a copy of the order made or deemed to have been made by the recovery officer 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 period(3) on receipt of an appeal under sub-section (/), the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed againsi (4) the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned recovery officer (5) the appeal filed before the appellate tribunal under sub-seciton (/) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of the receipt of the appeal | | deposit | of ||--------|------------|-------|| amount | due, | on || filing | appeal | |36t where an appeal is preferred by a borrower, 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 due from him as determined by the recovery officer: provided that the appellate tribunal may, for the reasons to be recorded in writing, waive or reduce the amount to be deposited under this section 36u (/) the recovery officer and the appellate tribunal shall not be bound by the procedure laid down by 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 regulations, the recovery officer and the appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings | procedure | and ||--------------|--------|| powers | of || recovery | || officer | and || appellate | || tribunal | |(2) the recovery officer and the appellate tribunal shall have, for the purposes 5 of 1908 of discharging their 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 the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) setting aside any order of dismissal of any application for default or any order passed by it ex parte; and (h) any other matter which may be prescribed (3) any proceeding before the recovery officer or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code, and the recovery officer 45 of 1860 or the appellate 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 2 of 1974 limitation 36v the provisions of the limitation act, 1963 shall, as far as may be, apply to 36 of 1963 an applicaiton made to recovery officer presiding offi- 36w the presiding officer, other officers and employees of an appellate tribunal and the recovery officer shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of 1860 cer, recovery officer, other officers and employees to be public servant| protection | of ||---------------|-----------------|| 36x | || no | || suit, | || prosecution | || or | || other | || legal | || proceedings | || shall | || lie | || against | || the | || central | || government | || or | || against | || the | || presiding | || officer | || of | || an | || appellate | || tribunal | || or | || against | || action | taken || good | faith || the | || recovery | || officer | || for | || anything | || which | || is | || in | || good | || faith | || done | || or | || intended | || to | || be | || done | || in | || pursuance | || of | || the | || provisions | || of | || this | || act | || or | || any | || rule | || or | || regulation | || or | || order | || made | || there- | || under, | || bar | of || junsdiction | || 36y | || no | || court | || or | || other | || authority | || shall | || have, | || or | || be | || entitled | || to | || exercise, | || any | || juris- | || diction, | || powers | || or | || authority | || (except | || the | || supreme | || court, | || and | || a | || high | || court | || exercising | || jurisdiction | || under | || articles | || 226 | || and | || 227 | || of | || the | || constitution) | || in | || relation | || to | || the | || matters | || specified | || in | || this | || chapter | || transitional | || 36z | notwithstanding || provisions | || the | appellate || lished | under |531 of 1993 tions act, 1993 and which is functioning in that area shall exercise the jurisdiction, powers and authority conferred on the appellate tribunal under this act' amendment of 21 in section 40 of the principal act, in sub-section (5), for the words "three months", section 40 the words ""four months", shall be substituted 22 after section 43 of the principal act, the following section shall be inserted, namely:— insertion of new section 43a delegation of powers "43a the board may, by general or special order delegate to an officer or officers of the national housing bank, subject to such conditions and limitations, 'if any, as may be specified in the order, such of its powers and duties under this act as it may deem necessary" 23 after section 45 of the principal act, the following section shall be inserted, namely:— insertion of new section 45a "45a (1) where any arrangement entered into by the national housing bank with a housing finance institution which is a company provides for the appointment by the national housing bank of one or more directors of such housing finance institution, such provision and any appointment of directors made in pursuance thereof shali arrangement with national housing bank on appoint ment of directors to prevail be valid and effective notwithstanding anything to the contrary contained in the companies act, 1956 or in any other law for the time being in force or in the memorandum, 1 of 1956articles of association or any other instrument relating to that housing finance instituon, or any provision regarding share qualificaiton, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the national housing bank in pursuance of the arrangement as aforesaid (2) any director appointed as aforesaid shall— (a) hold office during the pleasure of the national housing bank and may be removed or substituted by any person by order in writing of the national housing bank; (b) not incur any obligation or liability by reasons only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shali not be taken into account for computing the number of directors liable to such retirement " insertion of 2a after section 47 of the prinaipal act, the following section shall be inserted, new section namely:— 47a, nomination in "respect of "47a (1) notwithstanding anything contained in any other law for the time being in force, where a nomination in respect of any deposit, bonds or other securities deposits, bonds etc is made with the national housing bank in the prescribed manner, the amount due on such deposits, bonds or securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title or interest of any other person to such deposits, bonds or securities (2) any payment made by the national housing bank in accordance with the provisions of sub-section (/) shall be a full discharge of its liability in respect of such deposits, bonds or securities" 25 in section 49 of the principal act— amendment of section 49, (a) after sub-section (2), the following sub-sections shall be inserted, namely:— "(2a) if any person contravenes the provisions of sub-section (/) of section 29a, he 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 one lakh rupees but which may extend to five lakh rupees (2b) if any auditor fails to comply with any direction given or order made by the national housing bank under section 33, he shall be punishable with fine which may extend to five thousand rupees (2c) whoever fails to comply with any order made by the authorised officer under sub-section (2) of section 36a, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine of not less than rupees fifty for every day during which such non-compliance continues; (b) in sub-section (3),—- (i) after the words "if any person", the words "other than an auditor" shall be inserted; (ii) after clause (a), the following clause shall be inserted, namely: - "(aa) fails to comply with any direction given or order made by the national housing bank under any of the provisions of chapter v; or" 26 for section 52 of the principal act, the following sections shall be substituted, substitution of new sections namely:— for section 52 aplication of "52 a court imposing fine under the act may direct that the fine, if realised fine shall be applied— (a) firstly in, of towards payment of, the cost of the proceedings, and (b) secondly for repayment of the deposit to the person to whom repayment of the deposit was to be made, and on such payment, the liability of the housing finance institution to make repayment of the deposit shall, to the extent of the amount paid by the court, stand discharged 52a (1) notwithstanding anything contained in section 49, if the contravention or default of the nature referred to in section 49 is committed by a housing finance | power | of ||----------|-------|| national | || housing | bank |institution which is a company, the national housing bank may impose on such insti- to impose finetution— (a) a penalty not exceeding five thousand rupees; or (b) where the contravention or default is under sub-section (2a) or clause (a) or clause (aa) of sub-section (3) of section 49, a penalty not exceeding five lakh rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more; and where such contravention or default is a continuning one, further penalty which may extend to twenty-five thousand rupees for every day, after the first, during which the contravention or default continues (2) for the purpose of imposing penalty under sub-section (/), the national - housing bank shall serve a notice on the housing finance institution requiring it 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 also be given to such housing finance institution (3) any penalty imposed by the national housing bank under this section shall be payable within a period of thirty days from the date on which notice issued by the national housing bank demanding payment of the sum is served on the housing finance institution and, in the event of failure of the housing finance institution to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office or the head office of the housing finance institution is situated: provided that no such direction shall be made, except on an application made by an officer of the national housing bank authorised in this behalf, to the principal civil court (4) the court which makes a direction under sub-section (3), shall issue a certificate specifying the sum payable by the housing finance institution and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit (5) no complaint shall be filed against any housing finance institution in any court of law pertaining to any contravention or default in respect of which any penalty has been imposed by the national housing bank under this section (6) where any complaint has been filed against a housing finance institution in a court in respect of contravention or default of the nature referred to in section 49, no proceedings for imposition of penalty against the housing finance institution shall be taken under this section" 27 after section 54 of the principal act, the following section shall be inserted, namely:-— insertion of new section 54a "54a (1) the central government may, by notification, make rules to carry out power to make rules the provisions of this act (2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) qualifications for appointment as a recovery officer under sub-section (j) of section 36d; (b) the salaries and allowances and other terms and conditions of service of the officers and other employees of the appellate tribunal under sub-section (3) of section 36m; (c) the salaries and allowances and other terms and conditions of service of the presiding officers of the appellate tribunal under section 36n; and (d) the procedure for the investigation of misbehaviour or incapacity of the presiding officers of the appellate tribunals under sub-section (3) of section 36p" 28 in section 55 of the principal act,— amendment of section 55 (a) in sub-section (2),— (i) after clause (a), the following clause shall be inserted, namely: - "(aa) the manner in which directors shall be elected under clause (ca) of sub-section (/) of section 6;";(ii) after clause (f), the following clauses shall be inserted, namely:— "(fa) the form of application to be made under section 36e and the documents to be annexed to such application; (fb) the form in which notice of demand is required to be served on the borrower under sub-section (/) of section 36f; (fc) the manner in which the property shall be transferred under sub- section (2) of section 36g; (fd) the form in which the appeal can be filed with the appellate tribunal under section 36s and the amount of fee required to be deposited with such appeal;"; (iii) after clause (j), the following clause shall be inserted, namely: - "(ga) the manner in which nomination may be made under subsection (7) of section 47a"; (b) in sub-section (5), for the words "regulation or scheme", wherever they occur, the words "rules, regulation or scheme" shall be substituted addition of new schedule29 after the second schedule to the principal act, the following schedule shall be added at the end, namely:— "the third schedule(see section 16a) declaration referred to in section 16a of the national housinc bank act, 1987 place date: we hereby declare that in consideration of the assistance sanctioned by the national housing bank to me/us at my/our request, as specified in the annexure hereto, i/we agree that the immovable property specified in the said annexure shall constitute security for the said assistance and i/we further agree that the dues relating to the assistance mentioned above, shall, on and from the date of these presents, be a charge on the said immovable property 1 signed and delivered by coane weer nee renersere reer nee rensenee® (borrower) 2 signed and delivered by poe vee een eee neeeereener nee uer ees enee (surety) annexurei details of assistance ii particulars of immovable property"' statement of objects and reasonsthe national housing bank was established in july, 1988 under the national housing bank act, 1987 to operate as a principal agency to promote housing finance institutions both at local and regional levels and to provide financial and other support to such institutions and for matters connected therewith or incidental thereto to meet the objectives aforesaid, the national housing bank was also conferred powers to regulate the deposit acceptance activities of the housing finance institutions similar to those available to reserve bank of india in respect of non-banking financial companies the powers of the reserve bank of india to control the activities of non-banking financial companies were further strengthened by the reserve bank of india (amendment) act, 1997 the housing finance companies which are sub-set of non-banking financial companies were exempted from the provisions of the reserve bank of india act, as amended in 1997, for the reason that such companies fall under the regulatory frame work of the national housing bank thus there arose the necessity to confer powers on the national housing bank similar to those available to the reserve bank of india after the above amendment these proposed provisions will enable the national housing bank to safeguard the interest of depositors and promote healthy and universal growth of housing finance companies in the country 2 housing loans are generally of long term duration and consequently the funds of housing finance institutions get locked up in mortgages there is a need to augment their capacity to provide more finance by adopting asset securitisation and development of a secondary mortgage market in the country the national housing bank, being the principal agency in the field of housing finance, is being entrusted with the responsibility to develop such market in housing mortgages in the country 3 there has been a long standing demand from the housing finance institutions for a speedier method of recovery of dues from the defaulting borrowers it is proposed to provide for a simple, speedy and cost effective method of recovery of overdues by the housing finance institutions by providing for the sale of property charged as security for the assistance granted by such institutions through recovery officers a provision is also being made for establishment of appellate tribunal to hear appeal against the decision of recovery officer 4 with the introduction of economic reforms, it has been considered necessary to enlarge the capital and shareholders' base of the national housing bank consequently, it is proposed to provide for enhancement of the authorised capital of the national housing bank to rupees three hundred fifty crores with an enabling provision for further increase up to rupees two thousand crores it is also proposed that the national housing bank may offer its shareholding to institutions, besides the reserve bank of india, in such manner that the reserve bank of india, the central government, public sector banks, public financial institutions or other institutions owned or controlled by the central government, shall in aggregate at any time hold not less that fifty-one per cent of the issued capital of the national housing bank it is also proposed to provide for restructuring of the board of director of the national housing bank 5 in the light of the experience gained in the operations of the national housing bank since its establishment, it is felt necessary to bring certain amendments to the said act for the smooth working of the national housing bank and to authorise it to undertake certain additional business of financing of agricultural and rural development banks, making of loans and advances for residential township-cum-housing development projects, undertaking securitisation of loans, setting up of mutual fund and undertaking or participating in housing mortgage insurance business 6 the bill seeks to achieve the aforesaid object new delhi; yashwant sinha the 10th march, 2000 notes on clausesclause 2 seeks to amend the definition of the "housing finance institution" so as to bring more such institutions within the ambit of the housing finance institutions clause 3 seeks to substitute section 4 of the principal act with a view to provide for enhancement of the authorised capital of the national housing bank and to enlarge the shareholders base clause 4 provides for amendment of section 5 of the principal act so as to specify the powers of the chairman when he is appointed as a whole time director clause 5 seeks to amend section 6 of the principal act with a view to provide for election of two directors from the shareholders and restructuring of the board of directors clause 7 provides for amendment of section 14 of the principal act so as to enable the national housing bank to undertake certain additional business by way of financing the agricultural and rural development banks, make loans and advances for projects of residential township, to undertake securitisation of housing loans, to set-up mutual funds and to undertake or participate in the housing mortgage insurance business clause 8 seeks to amend section 15 of the principal act with a view to provide flexibility in the matters of borrowing and acceptance of deposits by the national housing bank clause 9 seeks to insert new sections 16a and 16b which provides for creation of charge by an institution or a person borrowing from the national housing bank by executing a written declaration and hold amounts and securities in trust in certain cases clause 10 seeks to amend section 18 of the principal act with a view to empower the national housing bank to acquire rights in relation to all the institutions involved in housing finance clause 11 seeks to insert new sections 18a and 18b which lays down that the instruments issued by the national housing bank in a transaction of securitisation to the investors and subsequent transfers by such investors shall not require compulsory registration and the amounts due shall be recoverable as the arrears of land revenue clasue 12 seeks to amend sections 19 to 25 of the principal act with a view to empower the nationa] housing bank to have certain rights not only in relation to housing finance institutions but also in relation to all institutions involved in housing finance clause 13 seeks to insert new sections 29a, 29b and 29c with a view to provide for registration of housing finance company with the national housing bank for commencement or carrying on of such business by that company, to provide for requirement of investment of certain percentage of assets by a housing finance institution in unencumbered approved securities and in term deposits to afford protection to the depositors, and to provide for creation of reserve fund by a housing finance institution out of its net profits clause 14 seeks to insert new section 30a with a view to confer on the national housing bank the power to determine the policy and issue directions to housing finance institutions clause 15 seeks to amend section 31 of the principal act with a view to enable the national housing bank to give directions requiring housing finance institutions to have credit ratings for accepting deposits clause 16 seeks to amend section 33 of the principal act with a view to empower the national housing bank to issue directions in public interest to housing finance institutions or to their auditors to order special audit of the housing finance institutions clause 17 seeks to insert new sections 33a and 33b with a view to empowre the nationafhousing bank to prohibit acceptance of deposit and alienation of assets by housing finance institutions and to file winding up petition against housing finance institution under certain circumstances clause 18 seeks to insert new sections 35a and 35b with a view to provide for disclosure of information obtained by the national housing bank from a housing finance institution and to empower the national housing bank to exempt any housing finance institution clause 19 seeks to insert new sections 36a and 36b with a view to empower an officer of the national housing bank to order repayment of deposits by a housing finance institution and to provide for the facility of nomination to depositors of a housing finance institution clause 20 seeks to provide for insertion of a new chapter va in the principal act so as to provide for appointment of recovery officer, establishment of appellate tribunal, appointment of officers and other employees and to provide for a mechanism for the recovery of dues of housing finance institution from the defaulters clause 21 seeks to amend section 40 of the principal act to enhance the period of submission of annual accounts to the central government clause 22 seeks to insert new section 43a so as to provide for delegation of powers by the board of the national housing bank to the officers of the bank clause 23 seeks to insert new section 45a with a view to provide that the arrangement entered into by the housing finance institutions with the national housing bank for appointment of directors shall prevail and such appointment shall be valid and effective clause 24 seeks to insert new section 47a which provide for the facility of nomination to the depositors, holders of bonds or other securities of the national housing bank clause 25 seeks to amend section 49 of the principal act with a view to enhance the penalties for contravention of the provisions of the act clause 26 seeks to substitute section 52 with a view to provide for the application of fine imposed under the act and insert new section 52a which empower the national housing bank for imposing fine on contravention or default by housing finance institution clause 27 seeks to insert new section 54a which empower the central government to make rules under the act clause 28 seeks to amend section 55 of the principal act so as to empower the board to make regulations clause 29 seeks to add a new schedule to the principal act which prescribe the form of declaration regarding creation of charge financial memorandumclause 20 of the bill proposes to insert a new section 36-m which lays down that the central government may provide the appellate tribunal with such officers and other employees as that government may think fit sub-section (3) of said section provides that the officers and other employees of the appellate tribunals shall be paid such salaries and allowances as may be specified by the central government 2 said clause also proposes to insert a new section 36-n which provides that the presiding officers of the appellate tribunal shall be paid such salaries and allowances as may be specified by the central government 3 itis estimated that on account of the salary and allowances of the presiding officer, officers and other employees of an appellate tribunal and other miscellaneous expenses there will be per annum a recurring expenditure of rupees forty lakh and non-recurring expenditure of rupees forty-five lakh from the consolidated fund of india 4 the bill does not involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 3 of the bill seeks to substitute a new section for section 4 of the principal act the proposed new section fix the limit of the authorised and paid up capital of the national housing bank to rupees three hundred and fifty crores but the central government have been empowered to increase the authorised capital of the national housing bank by notification up to rupees two thousand crores caluse 7 seeks to amend section 14 of the principal act thereby empowering the central government to specify by notification other institutions to whom the national housing bank may make loans and advances caluse 13 of the bill seeks to insert a new section 29a which provide for compulsory registration of housing finance companies having net owned fund of rupees twenty-five lakh the national housing bank is being empowered to increase from time to time by notification this limit of net owned fund for registration purposes, a new section 29b is also proposed to be inserted by the said clause the provisions of this section require a housing finance company to maintain certain percentage of its assets in unencumbered securities and specified term deposits the national housing bank is being empowered to increase by notification the limit of such investment clause 18 of the bill seeks to insert a new section 35b which empowers the national housing bank to exempt by notification any housing finance institution from the provisions of chapter v of the principal act clause 20 of the bill seeks to insert a new chapter va which provides for simple machanism for the recovery of dues clause (b) of proposed new section 36c defines 'approved institutions' and also empowers the central government to specify by notification other institutions as approved institutions clause 27 of the bill seeks to insert a new section 54a which empowers the central government to make rules to carry out the provisions of the principal act these rules may provide for qualifications for appointment of recovery officers under sub-section (1) of section 36d, the salaries and allowances and other terms and conditions of service of the officers and other employees of the appellate tribunal under sub-section (3) of section 36m, the salaries and allowances and other terms and conditions of service of the presiding officers of the appellate tribunals under section 36n and the procedure for investigation of misbehaviour or incapacity of the presiding officers of the appellate tribunals under subsection (3) of section 36p clause 28 of the bill seeks to amend section 55 of the principal act so as to empower the board to make regulations which inter alia may provide for the manner of election of directors under clause (ca) of sub-section (1) of section 6, the form of application to be made to the recovery officer under section 36e and the documents to be annexed with such application, the form of notice of demand under sub-section (1) of section 36f, the manner of transfer of property under sub-section (2) of section 36g, the form of appeal to be filed under section 36s and the amount of fees to be deposited at the time of making appeal and the manner of making nomination under sub-section (1) of section 47a these matters of detail are essential for effective administration of the provisions of the bill it is difficult to provide for all the situations in the bill itself and the delegation of these legislative powers is, therefore, of a normal character annexure extracts from the national housine bank act, 1987 (53 of 1987)2 in this act, unless the context otherwise requires,— definitions (d) "housing finance institution" includes every institution, whether incorporated or not, which primarily transacts or has as its principal object, the transacting of the business of providing finance for housing, whether directly or indirectly; 4, the authorised and paid up capital of the national housing bank shall be one hundred crores of rupees and shali be subscribed by the reserve bank: provided that the central government may, in consultation with the reserve bank by notification, increase the said capital up to five hundred crores of rupees and the capital so increased shall also be subscribed by the reserve bank chapter iii management of the national housinc bankmanagement (3) subject to the provisions of sub-section (/) and save as otherwise provided in the regulations made under this act,— (a) the chairman, if he is holding offices both as the chairman and the managing director, or (b) the managing director, if the chairman is absent, shall also have powers of general superintendence, direction and management of the affairs and business of the national housing bank and may also exercise all powers and do all acts and things which may be exercised or done by the national housing bank and shall act on business principles with due regard to public interest 6 (1) the board of directors of the national housing bank shall consist of the following, namely:— (b) three directors from amongst the experts in the field of housing, architecture, engineering, sociology, finance, law, management and corporate planning or in any other field, special knowledge of which is considered useful to the national housing bank; (c) three directors, who shall be persons with experience in the working of institutions involved in providing funds for housing or engaged in housing development; (2) the chairman, the managing director and other directors excluding the directors referred to in clause (d), shall be appointed by the central government in consultation with the reserve bank and directors referred to in clause (d) shall be nominated by the reserve bank 7 ( 1 } term of office of chairman, managing director and other directors, service conditions, etc(2) the directors referred to in clauses (b) and (c) of sub-section (1) of section 6 shall hold office for a term of three years: provided that any such director shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office chapter iv business of the national housinc bankbusiness of 14, subject to the provisions of this act, the national housing bank may transact all or any of the fotlowing kinds of business, namely:—— the national housing bank (b) making of loans and advances or rendering any other form of financial assistance whatsoever to housing finance institutions and scheduled banks or to any authority established by or under any central, state or provincial act and engaged in slum clearance; % (f} forming, promoting and managing subsidiaries for carrying out all or any of its functions under this act; borrowings 15 (1) the national housing bank may, for the purpose of carrying out its functions under this act— % % and acceptance of deposits by national housing bank (b) borrow money from the central government and from any other authority or organisation or institution approved by that government on such terms and conditions as may be agreed upon; ° (c) accept deposits repayable after the expiry of a period which shall not be less than elve months from the date of the making of the deposit on such terms as may generally or specially be approved by the reserve bank: providing that nothing contained in this clause shall apply to deposits accepted under the scheme formulated by the bank in pursuance of clause (hh) of section 14; (d) borrow money from the reserve bank-— (i) repayable on demand or on the expiry of fixed periods not exceeding eighteen months from the date of the making of loan or advance, on such terms and conditions including the terms relating to security and purpose as may be specified by the reserve bank; power to acquire rights 18 the national housing bank shall have the right to acquire, by transfer or assignment, the rights and interests of any housing finance institution (including any other rights incidental thereto) in relation to any loan or advance made, or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument or in any other manner in which the rights and interets in relation to such loan or advance may be lawfully transferred 19 in entering into any transaction under this chapter with any borrowing housing finance institution, the national housing bank may impose such conditions as it may think necessary or expedient for protecting the interests of the national housing bankpower to impose conditions for accommodation power to call 20 notwithstanding anything to the contrary contained in any agreement, the national housing bank may, by notice in writing, require any borrowing housing finance institution to discharge forthwith in full its liabilities to the national housing bank~ | for | repayment ||---------|--------------|| before | agreed || period, | |(a) if it appears to the board that false or misleading information in any material particular was given in the application for the loan or advance; or (b) if the borrowing housing finance institution has failed to comply with any of the terms of the agreement with the national housing bank in the matter of the loan or advance; or (c) if there is a reasonable apprehension that the borrowing housing finance institution is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof; or (d) if for any reason, it is necessary so to do to protect the interests of the national housing bank national housing bank to have access to records 21 (1) the national houssing bank shali have free access to all such records of any housing finance institution which seeks to avail of any credit facilities from the national housing bank and to all such records of any person who seeks to avail of any credit facilities from such housing finance institution the perusal of which may appear to the national housing bank to be necessary in connection with the providing of finance or other assistance to such housing finance institution or the refinancing of any loan or advance made to such person by that housing finance instituton (2) the national housing bank may require any institution or person referred to in sub-section (1), to furnish to it copies of any of the records referred to in that sub-section and the institution or the person, as the case may be, shall be bound to comply with such requisition | validity | of ||-------------|-------|| loan | or || advance | not |22 notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance made by the national housing bank in pursuance of the provisions of this act shall not be called in question merely on the ground be questioned of non-compliance with the requirements of such other law or of any resolution, contract, or any instrument regulating the constitution of the borrowing housing finance institution: provided that nothing in this section shall enable any company or co-operative society to obtain any loan or advance where the instrument relating to the constitution of such company or co-operative society does not empower such company or co-operative society so to do 23 the national housing bank shall not make any loan or advance on the security of national housits own bonds or debentures ing bank not to make to loans | | or | advances ||-----------|-------|-------------|| against | its | own || bonds | or | de- || bentures | | || power | to | || inspect | | |24 (1) the national housing bank may at any time and shall, on being directed so to do by the reserve bank, cause an inspection to be made by one or more of its officers of any housing finance institution to which the national housing bank has made any loan or advance or granted any other financial assistance, and its books, accounts and other documents; and the national housing bank shall supply to the housing finance institution a copy of its report on such inspection (2) lt shall be the duty of every officer, employee or other person or persons incharge of the whole or part of the affairs of the housing finance institution to produce to any officer making an inspection under sub-section (/), all such books, accounts and other documents in his custody or power and to furnish within such time as the said officer may specify, any statements, information relating to the affairs of the housing finance institution as the said officer may require of him power to 25 (1) the national housing bank may, for the purpose of the efficient discharge of collect credit its functions under this act, at any time direct any housing finance institution to submit to information it credit information in such form and within such time as may be specified by the national housing bank from time to time (2) every housing finance institution shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any instrument regulating the constitution thereof or in any agreement executed by it, relating to the secrecy of its dealings with its constituents, be bound to comply with any directions issued under sub-section (/) (3) the national housing bank may, for the purpose of the efficient discharge of its functions under this act collect from the central and state governments, local authorities, the reserve bank, any bank or such financial or other institutions as the reserve bank may specify in this behalf, credit information or other information explanation for the purposes of this section and section 26, credit information means any information relating to— (i) the amount of loans and advances and other credit facilities granted for the purpose of housing; (ii) the nature of security takenfor such loans, advances or other credit facilities; (tii) the guarantees furnished; and (iv) -any other information which has a bearing on the creditworthiness of the borrower 31 (1) power of na- (3) the national housing bank may, if it considers necessary in the public interest so to do, give directions to housing finance institutions accepting deposits either generally or tional housing bank to collect information from housing to any group of housing finance institutions accepting deposits, and in particular, in respect finance instituof any matters relating to, or connected with, the receipt of deposits, including the rates of interest payable on such deposits, and the periods for which deposits may be received tions as to deposits and to give directions 40 (1) audit (5) the national housing bank shall furnish to the central government and the reserve bank within three months from the date on which the annual accounts of the national housing bank are closed and balanced, a copy of its balarice sheet as on the close of the relevant year together with a copy of the profit and loss account for the year and a copy of the auditors' report and a report of the working of the national housing bank during that year, and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament 49 (1) penalties (3) if any person— (a) receives any deposit in contravention of any direction given or order made under chapter v; or ' (b) issues any prospectus or advertisement otherwise than in accordance with section 35 or any order made under section 30, as the case may be;

Parliament_bills

9399e601-0ae3-531c-a213-326ac2595cac

bill no xli of 1999 the geographical indications of goods (registration and protection) bill, 1999 a billto provide for the registration and better protection of geographical indications relating to goods be it enacted by parliament in the fiftieth year of the republic of india as follows:— chapter 1 preliminary1 (1) this act may be called the geographical indications of goods (registration and protection) act, 1999 short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision definitions and 2 (1) in this act, unless the context otherwise requires,— interpretation (a) "appellate board" means the appellate board established under section 83 of the trade marks act, 1999; (b) "authorised user" means the authorised user of a geographical indication registered under section 17; (c) "deceptively similar" a geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion; (d) "district court" has the meaning assigned to it in the code of civil procedure, 1908; 5 of 1908(e) "geographical indication", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be explanation—for the purposes of this clause, any name which is not the name of a country, region or locality of that country shail also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be; ( "goods" means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff: (g) "indication" includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies; (h) "name" includes any abbreviation of a name; (i) "package" includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork; (@) "prescribed" means prescribed by rules made under this act; (k) "producer" in relation to goods, means any person who,— (i) if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods; (ii) if such goods are natural goods, exploits the goods; (iii) if such goods are handicraft or industrial goods, makes or manufactures the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods; () "register" means the register of geographical indications referred to in section 6; (m) "registered" (with its grammatical variations) means registered under this act; (n) "registered proprietor", in relation to a geographical indication, means any association of persons or of producer or any organisation for the time being entered in the register as proprietor of the geographical indication; (o) "registrar" means the registrar of geographical indications referred to in section 3; (p) "tribunal" means the registrar or, as the case may be, the appellate board before which the proceeding concerned is pending (2) words and expressions used and not defined in this act but defined in the trade marks act, 1999 shall have the meanings respectively assigned to them in that act ) (3) in this act, unless the context otherwise requires, any reference— (a) to the use of a geographical indication shall be construed as a reference to the use of a printed or other visual representation of the geographical indication; (b)to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods; (c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register; (d) to the registrar shall be construed as including a reference to any officer when discharging the functions of the registrar in pursuance of sub-section (2) of section 3; (e) to the geographical indications registry shall be construed as including a reference to any office of the geographical indications registry chapter ii the register and conditions for registrationregistrar of geographical indications 3 (1) the controller-general of patents, designs and trade matks appointed under sub-section (1) of section 3 of the trade marks act, 1999, shall be the registrar of geographical indications (2) the central government may appoint such officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the registrar, such functions of the registrar under this act, as he may from time to time authorise them to discharge 4 without prejudice to the generality of the provisions of sub-section (2) of section 3, the registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) and deal | power | of ||-----------|--------|| registrar | to || withdraw | or || transfer | cases, |with such matter himself either de novo or from the stage it was so withdrawn or transfer etc the same to another officer so appointed who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred 5 (1) for the purpose of this act, there shall be established a registry which shall be known as the geographical indications registry geographical indications registry and offices thereof(2) the head office of the geographical indications registry shall be at such place as the central government may, by notification in the official gazette, specify, and for the purpose of facilitating the registrations of geographical indications, there may be established at such places as the central government may think fit branch offices of the geographical indications registry (3) the central government may, by notification in the official gazette, define the territorial limits within which an office of the geographical indications registry may exercise its functions (4) there shall be a seal of the geographical indications registry register of geographical indications 6 (1) for the purposes of this act, a record called the register of geographical indications shall be kept at the head office of the geographical indications registry, wherein shall be entered all registered geographical indications with the names, addresses and descriptions of the proprietors, the names, addresses and descriptions of authorised user and such other matters relating to registered geographical indications as may be prescribed and such registers may be maintained wholly or partly on computer (2) notwithstanding anything contained in sub-section (j), it shall be lawful for the registrar to keep the records wholly or partly in computer floppies or diskettes or in any other electronic form, subject to such safeguards as may be prescribed (3) where such register is maintained wholly or partly in computer floppies or diskettes or in any other electronic form under sub-section (/), any reference in this act to any entry in the register shall be construed as the reference to the entry as maintained on computer floppies or diskettes or in the other electronic form, or the case may be (4) no notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the registrar (5) subject to the superintendence and direction of the central government, the register shall be kept under the control and management ot the registrar (6) there shall be kept at each branch o(sice of the geographical indications registry a copy of the register and such other docuincnts mentioned in section 78 as the central government may, by notification in the official gazette, direct part a and part b of the 7, (1) the register referred to in section 6 shall be divided into two parts called respectively part a and part b register (2) the particulars relating to the registration of the geographical indications shall be incorporated and form part of part a of the register in the prescribed manner (3) the particulars relating to the registration of the authorised users shall be incorporated and form part of part b of the register in the prescribed manner registration to 8 (1) a geographical indication may be registered in respect of any or all of the goods, comprised in such class of goods as may be classified by the registrar and in respect of a definite territory of a country, or a region or locality in that territory, as the case may be be in respect ot particular goods and area (2) the registrar shall classify the goods under sub-section (/), as far as may be, in accordance with the international classification of goods for the purposes of registration of geographical indications (3) the registrar may publish in the prescribed manner an alphabetical index of classification of goods referred to in sub-section (2) (4) any question arising as to the class within which any goods fall or the definite area as referred to in sub-section (/) in respect of which the geographical indication is to be registered or where any goods are not specified in the alphabetical index of goods published under sub-section (3) shall be determined by the registrar whose decision in the matter shall be final 9 a geographical indication— (a) the use of which would be likely to deceive or cause confusion, or (b) the use of which would be contrary to any jaw for the time being in force; or prohibition of registration of certain geographical indications (c) which comprises or contains scandalous or obscene matter; or (d) which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of india; or(e) which would otherwise be disentitled to protection in a court; or (f) which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have falien into disuse in that country; or (g) which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be, shall not be registered as a geographical indication explanation 1— for the purposes of this section, "generic names or indications'', in relation to goods, means the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its origional meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type or other property or characteristic of the goods explanation 2 - in determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods | registration ||-----------------|| homonymous || geographical || indications |10 subject to the provisions of section 7, a homonymous geographical indication may be registered under this act, if the registrar is satisfied, after considering the practical conditions under which the homonymous indication in question shall be differentiated from other homonymous indication and the need to ensure equitable treatment of the producers of the goods concerned, that the consumers of such goods shall not be confused or misled in consequence of such registration chapter iii procedure for and duration of registrationapplication for registration11 (2d any association of persons or producers or any organisation or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods, who are desirous of registering a geographcial indication in relation to such goods shall apply in writing to the registrar in such form and in such manner and accompanied by such fees as may be prescribed for the registration of the geographical indication (2) the application under sub-section (j) shall contain— (a) a statement as to how the geographical indication serves to designate the goods as originating from the concerned territory of the country or region or locality in the country, as the case may be, in respect of specific quality, reputation or other characteristics of which are due exclusively or essentially to the geographical environment, with its inherent natural and human factors, and the production, processing or preparation of which takes place in such territory, region or locality, as the case may be; (b) the class of goods to which the geographical indication shall apply; (c) the geographical map of the territory of the country or region or locality in the country in which the goods orginate or are being manufactured; (d) the particulars regarding the apprearance of the geographical indication as to whether it is comprised of the words or figurative elements or both; (e) a statement containing such particulars of the producers of the concerned goods, if any, proposed to be initially registered with the registration of the geographical indication as may be prescribed; and ( such other particulars as may be prescribed (3) a single application may be made for registration of a geographical indication for different classes of goods and fee payable there for shall be in respect of each such class of goods (4) every application under sub-section (1) shall be filed in the office of the geographcial indications registry within whose territorial limits, the territory of the country or the region or locality in the country to which the geographical indication relates is situated: provided that where such territory, region or locality, as the case may be, is not situated in india, the application shail be filed in the office of the geographical indications registry within whose territorial limit the place mentioned in the address for services in india as disclosed in the application, is situated (5) every applications under sub-section (/) shall, be examined by the registrar in such manner as may be prescribed (6) subject to the provisions of this act, the registrar may refuse the application or may accept it absolutely or subject to such amendments, modification, conditions or limitations, if any, as he thinks fit (7) in the case of refusal or conditional acceptance of application, the registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision withdrawal of acceptance 12 where, after the acceptance of an application for registration of a geographical indication but before its registration, the registrar is satisfied, (a) that the application has been accepted in error, or (6) that in the circumstances of the case the geographical indication should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted advertisement of application - 13 (1) when an application for registration of a geographical indication has been accepted, whether absolutely or subject to conditions or limitations, the regis- | trar shall, as soon as may be after acceptance, cause the application as accepted together with the condition or limitations, if any, subject to which it has been accepted, to be advertised in such manner as may be prescribed (2) where after advertisement of an application— (a) an error in the application has been corrected; or (b) the application has been permitted to be amended under section 15, the registrar may in his discretion cause the application to be advertised again or instead of causing the application to be advertised again, notified in the prescribed manner, the correction made in the application opposition to registration 14, (1) any person may, within three months from the date of advertisement or readvertisement of an application for registration or within such further period, not exceeding one month, in the aggregate, as the registrar, on application made to him in such manner and on payment of such fee as may be prescribed allows, give notice in writing in the prescribed manner to the registrar, of opposition to the registration (2) the registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall sent to the registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application(3) if the applicant sends such counter-statement, the registrar shall serve a copy thereof on the person giving notice of opposition (4) any evidence upon which the opponent and the applicant may rely shall be submitted in such manner and within the such time as may be prescribed to the registrar, and the registrar shall give an opportunity to them to be heard, if they so desire (5) the registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not (6) where a person giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such notice neither resides nor carries on business in india, the registrar may require him to give security for the costs of proceeding before him, and in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned (7) the registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks just 15 the registrar may, on such terms, as he thinks just, at any time, whether before or after acceptance of an application for registration under section 11, permit the correction of any error or in connection with the application or permit an amendment of the application: provided that if an amendment is made to a single application referred to in subsection (3) of section 11 involving division of such application into two or more applications, the date of making of the initial application shall be deemed to be the date of making of the divided applications so divided 16 (1) subject to the provisions of section 12, when an application for registration registration of a geographical indication has been accepted and either— (a) the application has not been opposed and the time for notice of opposition has expired; or (b) the application has been opposed and the opposition has been decided in favour of the applicant, ' the registrar shall, unless the central government otherwise direct register the said geographical indication and the authorised users, if any, mentioned in the application and the geographical indication and the authorised users when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 83, be deemed to be the date of registration (2) on the registration of a geographical indication, the registrar shall issue each to the applicant and the authorised users, if registered with the geographical indication, a certificate in such form as may be prescribed of the registration thereof, sealed with the seal of the geographical indications registry (3) where registration of a geographical indication is not completed within twelve months form the date of the application by reason of default on the part of the applicant, the registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice (4) the registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake 17 (1) any person claiming to be the producer of the goods in respect of which a geographical indication has been registered under section 16 may apply in writing to the registrar in the prescribed manner for registering him as an authorised user of such geographical indication (2) the application under sub-section (1) shall be accompanied by a statement and such documents of facts as may be prescribed and required by the registrar to determine as to whether such person is the producer of the goods referred to in that sub-section and such fee as may be prescribed (3) the provisions of this chapter relating to— (a) the filing and examination of the application; (5) the refusal and acceptance of registration; (¢) withdrawal of acceptance of application; (d) advertisement of application; (e) opposition to registration; (4 correction or error in an amendment of the application; and (g) registration, shall apply in respect of the application and registration of authorised users referred to in sub-section (j) in the same manner as they apply for the application for registration and registration of the geographical indication 18 (1) the registration of a geographical indication shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section duration, renewal, removal and restoration of registration (2) the registration of an authorised user shall be for a period of ten years or for the period till the date on which the registration of the geographical indication in respect of which the auhorised user is registered expires, whichever is earlier (3) the registrar shall, on application made in the prescribed manner, by the registered proprietor or by the authorised user and within the prescribed period and subject to the payment of the prescribed fee, renew the registration of the geographical indication or authorised user, as the case may be, for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as the expiration of the last registration) (4) at the prescribed time before the expiration of the last registration of a geographical indication or the authorised user, as the case may be, the registrar shall send notice in the prescribed manner to the registered proprietor or the authorised user, as the case may be, of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of time prescribed in that behalf those conditions have not been duly complied with, the registrar may remove the geographical indication or the authorised user, as the case may be, from the register: provided that the registrar shall not remove the geographical indication or the authorised user, as the case may be, from the register, if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration of the last registration of the geographical indication or the authorised user, as the case may be, and shall renew the registration of geographical indication or the authorised user, as the case may be, for a period of ten years under sub-section (3) (5) where a geographical indication or authorised user, as the case may be, has been removed from the register for non-payment of the prescribed fee, the registrar shall, after six months and within one year from the expiration of the last registration of the geographical indication or the authorised user, as the case may be, on receipt of an application in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the geographical indication or the authorised user, as the case may be, to the register and renew registration of the geographical indication or authorised user, as the case may be, either generally or subject to such condition or limitation as he thinks fit to impose, for a period of ten years from the expiration of the last registration 19, where a geographical indication has been removed from the register for failure | effect | of ||-----------|-------|| removal | from || register | for || failure | to |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— fee for renewal (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 (6) 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 chapter iv effect of registration20 (1) no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication (2) nothing in this act shall be deemed to affect rights of action against any person | no | aqtion ||--------------|-----------|| infringement | of || unregistered | " || geographical | || indication | |for passing off goods as the goods of another person or the remedies in respect thereof 21 (j) subject to the other provisions of this act, the registration of a geographical indication shall, if valid, give - rights conferred by registration, (a) to the registered proprietor of the geographical indication and the authorised user or users thereof to obtain relief in respect of infringement of the geographical indication in the manner provided by this act; (b) to the authorised user thereof the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered (2) the exclusive right to the use of a geographical indication given under clause (b) of sub-section (j) shall be subject to any condition and limitation to which the registration is subject (3) where two or more persons are authorised users of geographical indications, which are identical with or nearly resemble each other, the exclusive right to the use of any of those geographical indications shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to have been acquired by anyone of those persons as against any other of those persons merely by registration of the geographical indications, but each of those persons has otherwise the same rights as against other persons as he would have if he were the sole authorised user 22 (1) a registered geographical indication is infringed by a person who, not being an authorised user thereof,— (a) uses such geographical indication by any means in the designations or presentation of goods that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which misleads the persons as to the geographical origin of such goods; or (b) uses any geographical indication in such manner which constitutes an act of unfair competition including passing off in respect of registered geographical indication explanation 1—~for the purposes of this clause, "act of unfair competition' means any act of competition contrary to honest practices in industrial or commercial matters explanation 2,for the removal of doubts, it is hereby clarified that the following acts shall be deemed to be acts of unfair competition, namely:— (1) all acts of such a nature as to create confusion by any means whatsoever with the establishment, the goods or the industrial or commercial activities, of a competitor; 1 e e (ii) false allegations in the course of trade of such a nature as to discredit the establishment, the goods or the industrial or commercial activities, of a competitor; (iii) geographical indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods; (c) uses another geographical indication to the goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the persons that the goods originate in the territory, region or locality in respect of which such registered geographical indication relates (2) the central government may, if it thinks necessary so to do for providing additional protection to certain goods or classes of goods under sub-section (3), by notification in the official gazette, specify such goods or class or classes of goods, for the purposes of such protection (3) any person who is not an authorised user of a geographical indication registered under this act in respect of the goods or any class or classes of goods notified under subsection (2), uses any other geographical indication to such goods or class or classes of goods not originating in the place indicated by such other geographical indication or uses such other geographical indication to such goods or class or classes of goods even indicating the true origin of such goods or uses such other geographical indication to such goods or class or classes of goods in translation of the true place of origin or accompanied by expression such as "kind'', "style'', "imitation'' or the like expression, shall infringe such registered geographical indication (4) notwithstanding anything contained in this section, where the goods in respect of which a geographical indication has been registered are lawfully acquired by a person other than the authorised user of such geographical indication, further dealings in those goods by such person including processing or packaging, shall not constitute an infringement of such geographical indication, except where the condition of goods is impaired after they have been put in the market 23 (1) in all legal proceedings relating to a geographicai indication, the certificate registration to be prima facie evidence of validity 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 prohibition of assignment or transmission, 24 notwithstanding anything contained in any law for the time being in force, any right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement: ete provided that on the death of an authorised user his right in a registered geographical indication shall devolve on his successor in title under the law for the time being in force chapter v special provisions relating to trade marks and prior users25 notwithstanding anything contained in the trade marks act, 1999, the registrar of trade marks referred to in section 3 of that act, shall, suo moto or at the request of an interested party, refuse or invalidate the registration of a trade mark which— | prohibition | of ||----------------|-------|| registration | of || geographical | || indication | as || trade | mark |(a) contains or consists of a geographical indication with respect to the goods or class or classes of goods not originating in the territory of a country, or a region or locality in that territory which such geographical indication indicates, if use of such geographical indications in the trade mark for such goods, is of such a nature as to confuse or mislead the persons as to the true place of origin of such goods or class or classes of goods; (b) contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 26 (1) where a trade mark contains or consists of a geographical indication and has been applied for or registered in good faith under the law relating to trade marks for | protection | to ||---------------|-------|| certain | trade || marks | |the time being in force, or where rights to such trade mark have been acquired through use in good faith either— (a) before the commencement of this act; or (b) before the date of filing the application for registration of such geographical maication under this act, nothing contained in this act shall prejudice the registrability or the validity of the registration of such trade mark under the law relating to the trade marks for the time being in force, or the right to use such trade mark, on the ground that such trade mark is identical with or similar to such geographical indication (2) nothing contained in this act shall apply in respect of a geographical indication with respect to goods or class or classes of goods for which such geographical indication is identical with the term customary in common language as the common name of such goods in any part of india on or before the ist day of january, 1995 (3) nothing contained in this act shall in any way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to confuse or mislead the people (4) notwithstanding anything contained in the trade marks act, 1999 or in this act, no action in connection with the use or registration of a trade mark shall be taken after the expiry of five years from the date on which such use or registration infringes any geographical indication registered under this act has become known to the registered proprietor or authorised user registered in respect of such geographical indication under this act or after the date of registration of the trade mark under the said trade marks act subject to the condition that the trade mark has, been published under the provisions of the said trade marks act, 1999 or the rules made thereunder by that date, if such date is earlier than the date on which such infringement became known to such proprietor or authorised user and such geographical indication is not used or registered in bad faith chapter v1 rectification and correction of 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 power to cancel or vary registration and to rectify the register, 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 correction of register 28 the registrar may, on application made in the prescribed manner by the registered proprietor or the authorised user,— (a) correct any error in the name, address or description of the registered proprietor or the authorised user, as the case may be, of a geographical indication, or any other entry relating to the geographical indication on the register; (b) enter any change in the name, address or description of the association of persons or of producers or any ogranisafion or authority, as the case may be, who is registered as proprietor of a geographical indication on the register; (c) cancel the entry of a geographical indication on the register; (d) strike out any goods or class or classes of goods from those in respect of which a geographical indication is registered from the register, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him 29 (1) the registered proprietor of a geographical indication may apply in the prescribed manner to the registrar for leave to add to or alter the grographical indication alteration of registered geographical indications in any manner not substantially affecting the identity thereof, and the registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit (2) the registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the registrar in the prescribed manner of the opposition to the application, the registrar shall, after hearing the parties if so required, decide the matter (3) where leave is granted under this section, the geographical indication as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2) 30 (1) the registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods to those in respect of which a geographical indication is registered (whether in one or more classes) immediately before the amendment is to be made or antedating the registration of a geographical indication adaptation of entries in register to amend or substitute classification in respect of any goods: of goods provided that this sub-section, shall not apply when the registrar is satisfied that compliance therewith would involve complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods and would not substantially prejudice the rights of any person (2) a proposal so to amend the register shall be brought to the notice of the registered proprietot and every authorisd user of the geographical indication affected and advertised in the prescribed manner, and may be opposed before the registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of sub-section (1) chapter vii appeals to the appellate board31 (j) 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 | appeals ||------------|| appellate || board |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 atter the expiry of the period specified therefor, it the appellant satisfies the appellate board that he had sufficient cause for not preferring the appeal within the specified period (3y anappeal 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 prescribed 32 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 (/) of section 31 | bar | of ||--------------|-----------|| jurisdiction | of || courts, | etc || procedure | of || the | appellate || board | |33 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, 1999 34 (1) an application for rectification of the register made to the appellate board under section 27 shall be in such form as may be prescribed procedure for application for 'tification, (2) a certified copy of every order or judgment of the appellate board relating to etc, before appellate board 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 éntries in, or rectify, the register in accordance with such order 35 (j) 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 geographical indications registry is raised; (b) in any appeal to the board from an order of the registrar on an application for registration of a geographical indication or authorised user— (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 his appearance 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 proceeding costs of © 36 in all proceedings under this act before the appellate board the costs of the registrar in registrar shall be in the discretion of the board, but the registrar shall not be ordered to proceedings pay the costs of any of the parties appellate chapter viii board offences, penalties and proceduremeaning of 37 (1) a person shall be deemed to apply a geographical indication to goods applying who— geographical indications (a) applies it to the goods themselves; or (b) applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or (c) places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a geographical indication has been applied; or (d) uses a geographical indication in any manner reasonably likelv to lead to the belief that the goods in connection with which it is used are designated or described by that geographical indication; or (e) in relation to the goods uses a geographical indication in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial documents and goods are delivered to a person in pursuance of a request or order made by reference to the geographical indication as so used (2) a geographical indication shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing falsifying and 38 (1) a person shall be deemed to falsify a geographical indication who, either,— falsely applyin te geographical (a) without the assent of the authorised user of the geographical indication indications makes that geographical indication or deceptively similar geographical indication; or (b) falsifies any genuine geographical indication, whether by alteration, addition, effacement or otherwise (2) a person shall be deemed to falsely apply to goods a geographical indication who, without the assent of the authorised user of the geographical indication,— (a) applies such geographical indication or a deceptively similar geographical indication to goods or any package containing goods; (b) uses any package bearing a geographical indication which is identical with or deceptively similar to the geographical indication of such authorised user, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the authorised user of the geographical indication (3) any geographical indication falsified as mentioned in sub-section () or falsely applied as mentioned in sub-section (2), is in this act referred to as a false:geographical indication(4) in any prosecution for falsifying a geographical indication or falsely applying a geographical indication to goods, the burden of proving the assent of proprietor shall lie on the accused 39 any person who,— (a) falsifies any geographical indication; or | penalty | for ||--------------|--------|| applying | false || geographical | || indications | |(b) falsely applies to goods any geographical indication; or (c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a geographical indication; or (d) applies to any goods to which an indication of the country or place in which they were made or produced or the name and the address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 71, a false indication of such country, place, name or address; or (e) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 71; or (f) causes any of the things above-mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a2 sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees 40 any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things to which any false geographical indication is applied or which, being required under section 71 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or without the indica- | | penalty | for ||--------------|------------|--------|| selling | goods | to || which | false | || geographical | | || indication | is | || applied | | |tions so required, shall, unless he proves,— (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the geographical indication or that any offence had been committed in respect of the goods; or (b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things; or (c) that otherwise he had acted innocently, be punishable with imprisonment for a term which shalt not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees enhanced penalty on 41 whoever having already been convicted of an offence under section 39 or section 40 is again convicted of any such offence shall be punishable for the second and | ||-------------|| subsequent || conviction |for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this act penalty for 42 (1) no person shall make any representation—(a) with respect to a geographical indication, not being a registered geographical indication, the effect that it is a registered geographical indication; or falsely representing a geographical indication as registered (b) to the effect that a registered geographical indication is registered in respect of any goods in respect of which it is not in fact registered; or (c) to the effect that registration of a geographical indication gives an exclusive right to the use thereof in any circumstances in which having regard to limitation entered on the register, the registration does not in fact give that right (2) if any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both (3) for the purposes of this section the use in india in relation to a geographical indication of the words "registered" geographical indication or any other expression, symbol or sign like "rgi" referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except—- (a) where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference to registration as a geographical indication under the law of a country outside india being a country under the law of which the registration referred to is in fact in force; or (b) where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as mentioned in clause (a); or (c) where that word is used in relation to a geographical indication registered under the law of a country outside india and in relation solely to goods to be exported to that country for use in that country 43 if any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the geographical indications registry, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both penalty for improperly describing a place of business as connected with the geographical indications registry 44, if any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders penalty for falsification of entries in the register or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both no offence in certain cases 45 the provisions of sections 39, 40 and 41 shall in relation to a registered geographical indication or authorised user of such geographical indication, be subject to the rights created or recognised by this act and no act or omission shall be deemed to be an offence under the aforesaid sections if,— (a) the alleged offence relates to a registered geographical indication and the act or omission is permitted under this act; and(b) the alleged offence relates to a registered geographical indication and the act or omission is permitted under any other law for the time being in force 46 (1) where a person is convicted of an offence under section 39 or section 40 forfeiture of goods, or section 41 or is acquitted of an offence under section 39 or section 40 on proof that he acted without intend or defraud, or under section 40 on proof of the matters specified in clause (a) or clause (b) or clause (c) of that section, the court convicting or acquitting him may direct the forfeiture to government of all goods and things by means of, or in relation to, which the offence has been committed, or but for such proof as aforesaid would have been committed, (2) when a foreiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also (3) when, a forfeiture is directed on acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the court to which in appealable cases appeal lie from sentences of the court which directed the forfeiture (4) when a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit 47 where a person accused of an offence under section 39 proves,— (a) that in the ordinary course of his business he is employed on behalf of other persons to apply geographical indications, or as the case may be, to make | exemption | of ||--------------|---------|| certain | persons || employed' | in || ordinary | || course | of || business | |dies, blocks, machines, plates, or other instruments for making, or being used in making, geographical indications; (b) that in the case which is the subject of the charge he was so employed, and was not interested in the goods or other thing by way of profit or commission depend on the sale of such goods; (c) that, having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the geographical indication; and (d) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the geographical indication was applied, he shall be acquitted 48 (1) where the offence charged under section 39 or section 40 or section 41 is in yelation 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 deferice 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 bythe 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 invalid (2) where before the institution of a complaint of an offence referred to in subsection (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 offences by companies 49 (1) if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the 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 liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation—-for the purposes of this section— (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm 50 (1) no court shall take cognizance of an offence under section 42 or section 43 or section 44 except on complaint in writing made by the registrar or any officer authorised cognizance of certain offences and the powers by him in writing: of police officer for search and' | seizure provided that in relation to clause (6) of sub-section (1) of section 42, a court shall take a cognizance of an offence on the basis of a certificate issued by the registrar to the effect that a registered geographical indication has been represented as registered in respect of any goods in respect of which it is not in fact registered (2) no court inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try an offence under this act (3) the offences under section 39 or section 40 or section 41 shall be cognizable (4) any police officer not below the rank of deputy superintendent of police or equivalent, may, if he satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before the judicial magistrate of the first class or metropolitan magistrate, as the case may be: provided that the police officer, before making any search and seizure, shall obtain the opinion of the registrar on the facts involved in the offence relating to geographical indication and shall abide by the opinion so obtained (5) any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the judicial magistrate of the first class or metropolitan magistrate, as the case may be, for such article being restored to him and the magistrate, after-hearing the application and the prosecution, shall make such order on the application as he may deem fit51 in any prosecution under this act, the court may order such costs to be paid by costs of defence of prosecution the accused io the complainant, or by the complainant to the accused, as the court deemed reasonable having regard to all the circumstances of the case and the conduct of the parties arid the costs so awarded shall be recoverable as if they were a fine limitation of prosecution 52 no prosecution for an offence under this act shall be commenced after the expiration of three years next after the commission of the offence charged or two years after the discovery thereof by the prosecutor, whichever expiration first happens 53 an officer of the government whose duty it is to take part in the enforcement information as to commsion of offence of the provisions of this chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this act 54 if any person, being within india, abets the commission, without india, of any punishment for abatement act which, if committed in india, would, under this act, be an offence, he may be tried in india of acts done out for such abetment in any place in india in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in of india that place the act which he abetted chapter ix miscellaneousprotection of _ 55 no suit or other legal proceedings shail lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this act action taken in good faith 45 of 1860 56 every person appointed under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code certain persons to be public servant: 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 |(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; the geographical indication is questioned, etc(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 (/) 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 unti! 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 (j) 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 suit 58 (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 application for rectification of register to be made to appellate board in certain cases 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 (/), 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 59 where a geographical indication has been applied to the goods on sale or in implied warranty on saic of indicated goods the contract for sale of any goods, the seller shall be deemed to warrant that the geographical indication is a genuine geographical indication and not falsely applied, unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods on contract to and accepted by the buyer 60 in all proceedings under this act before the registrar,— powers of registrar (a) the registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses; (b) the registrar may, subject to any rules made in this behalf under section 87, make such orders as to costs as he consider reasonable, and any such order shall be executable as a decree of a civil court; (c) the registrar may, on an application made in the prescribed manner, review his own decision | exercise | of ||---------------|-------|| discretionary | || power | by |61 subject to the provisions of section 64, the registrar shall not exercise any discretionary or other power vested in him by this act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by registrar that person within the prescribed time) giving to the person an opportunity of being heard 62 in any proceeding under this act before the registrar, evidence shall be given by affidavit: evidence before registrar provided that the registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit | | death | of ||-------------|----------|-------|| party | to | a || proceeding | | |63 if a person who is a party to a proceeding under this act (not being a proceeding before 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 extension of time 64 (1) if the registrar is satisifed, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in the act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly(2) nothing in sub-section (/) shall be deemed to require the registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the registrar under this section abandonment 65 where, in the opinion of the registrar, an applicant is in default in the prosecution of an application filed under this act, the registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice 66 (1) no suit,— suit for infringement, (a) for the infringement of a registered geographical indication; or (b) relating to any right in a registered geographical indication; or | etc, | to | be ||------------|----------|---------|| instituted | | || before | district | || court | | || (c) | for | passing |indication which is indentical with or deceptively similar to the geographical indication relating to the plaintiff, whether registered or unregistered, shall be instituted in any court inferior to a district court having jurisdiction to try the suit 5 of 1908 (2) for the purpose of clauses (a) and (6) of sub-section (/), a "district court having jurisdiction'' shall, notwithstanding anything contained in the code of civil procedure, 1908 or any other law for the time being in force, include a distrct court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain , explanation—for the purposes of sub-section (2), "person'' includes the registered proprietor and the authorised user relief in suit 67 (1) the relief which a court may grant in any suit for infringement or for passing off referred to in section 65 includes injunction (subject to such terms, if any, as | | for | infringe- ||---------|--------|--------------|| ment | or | for || passing | off | |the court thinks fit) and at the option of the plaintiff, either damages or account of profits, together with or without any order for the delivery—"up of the infringing labels and indications for destruction or erasure , (2) the order of injunction under sub-section (1) may include an exparte injunction or any interlocutory order for any of the following matters, namely:— (a) for discovery of documents; (©) preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit; (c) restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff's ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff (3) notwithstanding anything contained in sub-section (1), the court shall not grant relief by way of damages (other than nominal damages) on account of profits in any case-—— (a) where in a suit for infringement the defendant satisfies the court— @ that at the time he commenced to use the geographical indication complained of in the suit he was unaware and had no reasonable ground for believing that the geographical indication of the plaintiff was on the register; and (1i) that when he became aware of the existence and nature of the plaintiff's right in the geographical indication, he forthwith ceased to use the geographical indication in relation to good in respect of which it was registered; or (b) where in a suit for passing off, the defendant satisfies the court— (i) that at the time he commenced to use the geographical indication complained of in the suit he was unaware and had no reasonable ground for believing that the geographical indication relating to the plaintiff was in use; and (ii) that when he became aware of the existence and nature of the geographical indication relating to the plaintiff he forthwith ceased to use the geographical indication complained of 68 (1) in every proceeding under chapter vi or under section 31, every authorised authorised user to be impleaded in user of a geographical indication to which such proceeding relate, who is not himself an applicant in respect of any proceeding under that chapter or section, shall be made a party to the proceeding certain proceedings (2) notwithstanding anything contained in any other law, an authorised user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding evidence of 69 (1) a copy of any entry in the register or of any document referred to in subsection (1) of section 78 purporting to be certified by the registrar and sealed with the seal of the geographical indications registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original entries in register, etc, and things done by the registrar (2) a certificate purporting to be under the hand of the registrar as to any entry, matter or thing that he is authorised by this act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done 70 the registrar or any officer of the geographical indications registry shall registrar and other officers not compellable not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by to produce the production of a certified copy issued under this act or to appear as a witness to prove register, etc the matters therein recorded unless by order of the court made for special cause 71 (1) the central government may, by notification in the official gazette, require power to require goods that goods of any class specified in the notification which are made or produced beyond the limits of india and imported into india, or, which are made or produced within the to show inditation of limits of india, shall, from such date as may be appointed by the notification not being origin less than three months from its issue, have applied to them''an indication of the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured (2) the notification may specify the manner in which such indication shall be applied, that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both (3) no notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the central government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry, as the central government may consider necessary(4) the provisions of section 23 of the general clauses act, 1897 shall apply to the issue of a notification under this section as they apply to the making of a rule or bye-law the making of which is subject to the condition of previous publication (5) a notification under this section shall not apply to goods made or produced beyond the limits of india and imported into india, if in respect of those goods, the commissioner of customs is satisfied at the time of importation that they are intended for exportation whether after transshipment in or transit through india or otherwise certificate ot validity 72 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 73 (1) where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a geographical groundless threats of legal proceedings indication which is registered, or alleged by the first-mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the authorised user of the geographical indication, bring a suit against the first-mentioned person and may obain a declaration to the effect that the threats are unjustifiable, and an injunction against the continunance of the threats and may recover such damages (if any) as he has sustained, unless the firstmentioned person satisfies the court that the geographical indication is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the geographical indication (2) the last preceding sub-section does not apply if the registered proprietor of the geographical indication or an authorised user thereof with due diligence commences and prosecutes an action against the person threatened for infringement of the geographical indication (3) nothing in this section shall render a legal practitioner or a registered geographical indications agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client (4) a suit under sub-section (/) shall not be instituted in any court inferior to a district court address for 74 an address for service stated in an application or notice of opposition shall, for service the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be | | trade | usages, ||-------|----------|------------|| etc, | to | be || taken | into | con- |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 persons sideration agents76 where, by or under this act, any act, other than the making of an affidavit, is required to be done before the registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is~- (a) a legal practitioner, or (b) a person registered in the prescribed manner as a geographical indications agent, or (c) a person in the sole and regular employment of the principal indexes 77 there shall be kept under the directions and supervision of the registrar,— (a) an index of registered geographical indications, (b) an index of geographical indications in respect of which applications for registration are pending (c) an index of the names of the proprietors of registered geographical indications, ard (d) an index of the names of authorised users 78 (1) the following documents, subject to such conditions as may be prescribed, be open to public inspection at the geographical indications registry, namely:— documents open to public mspection (a) the register and any document upon which any entry in the register 1s based; (b) every notice of opposition to the registration of a geographical indication, application for rectification before the registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the registrar; (c) the indexes mentioned in section 77; and (d) such other documents as the central government may, by notification in the official gazette, specify: provided that where such register is maintained wholly or partly on computer, the inspection of such register under this section shall be made by inspecting the computer print out of the relevant entry in the register so maintained on computer (2) any person may, on an application to the registrar and on payment of such fee as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (j) 79 the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution by or under this act reports of registrar to be placed before parliament fees and surcharge 80 (1) there shall be paid in respect of applications and registrations and other matters under this act such fees and surcharge as may be prescribed by the central government (2) where a fee is payable in respect of the doing of an act by the registrar, the registrar shall not do that act until the fee has been paid (3) where a fee is payable in respect of the filing of a document at the geographical indications registry, the document shall be deemed not to have been filed at the registry until the fee has been paid 81 nothing in chapter viii shall— savings in respect of (a) exempt any person from any suit or other proceeding which might, but certain matters for anything in that chapter, be brought against him, or in chapter vii (b) be construed so as to render liable to any prosecution or punishment any servant of a master resident in india who in good faith acts i obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master16 to 1908 declarations82 notwithstanding anything contained in the registration act, 1908, no document declaring or purporting to declare any title of a person to a geographical indication other than a registered geographical indication shall be registered under that act | as | to title ||--------------|-------------|| geographical | || indication | not || registrable | || under | the || registration | || act, | 1908 |83 the provisions of this act shall be binding on the government government to be bound special provisions relating 84 (1) with a view to the fulfilment of a treaty, convention or arrangement with any country or a country which is a member of a group of countries or union of countries | to | applications ||------------|-----------------|| for | registration || from | citizens || convention | || countries | |or iinter-governmental organisations outside india which affords to citizens of india similar privileges as granted to its own citizens, the central government may, by notification in the official gazette, declare such country or group of countries or union of countries or inter-governmental organisations to be a convention country of convention countries for the purposes of this act (2) nothing contained in this act or the trade marks act, 1999 shall prevent a continued and similar use of geographical indication relating to a country or a country which is a member of a group of countries or union of countries or any inter-governmental organisations, as the case may be, notified under sub-section (/) identifying wines or spirits in connection with goods by any citizen or domiciliary of such country who has used that geographical indication in continuous manner with regard to such goods or any goods relating to such goods, as the case may be, in any part of the territory of that country either— (a) for at least ten years preceding the 15th day of april, 1994; or (b) in good faith preceding the date referred to in clause (a) provision as to reciprocity 85 where any country or a country which is a member of a group of countries or union of countries or any inter-governmental organisation specified by the central government in this behalf by notification in the official gazette does not accord to citizens of india the same rights in respect of the registration and protection of geographical indications as it accords to its own nationals, no nationals of such country or a country which is a member of a group of countries or union or countries or inter-governmental organisation, as the case may be, shall be entitled— (a) to apply for the registration of, or be registered as the proprietor of geographcial indication; (b) to apply for registration or be registered as an authorised user of a geographcial indication powers of central government 86 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing to remove difthe difficulty: ficulties provided that no order shall be made under this section after the expiry of five years from the commencement of this act (2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament power to make rules87 (1) the central government may, by notification in the official gazette and subject to the condition of previous publication, make rules to carry out the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the matters to be included in the register of geographical indications under sub-section (/), and the safeguards to be observed in the maintenance of such register in computer floppies or diskettes under sub-section (2) of section 6; (b) the manner of incorporation of particulars relating to registration of geographical indications in part a under sub-section (2) and the manner of incorporation of patticulars relating to the registration of the authorised users under sub-section (3) of section 7; (c) the classification of goods and the manner of publication of the alphabetical index of classification of goods and the definite territory or locality or region for the purpose of registration of geographical indications under subsection (1) of section 8; (d) the form in which and the manner in which an application for registration of a geographical indication may be made and the fees which may accompany the application under sub-section (/) and the particulars to be made in the statement of producers of goods who proposes to be initially registered with the registration under clause (4 of sub-section (2) of section 11; (e) the manner of publication of advertisement of accepted application, for registration of geographical indications, etc, under sub-section (/), and the manner of notifying the corrections or amendments made in the application under sub-section (2) of section 13; (f) the manner in which and the fee which may accompany an application and the manner of giving notice under sub-section (/) and the manner of sending counter statement under sub-section (2) and the manner of submission of evidence and the time therefor under sub-section (4) of section 14; (g) the form of certificate of registration under sub-section (2) and the manner of giving notice to the applicant under sub-section (3) of section 16; {h) the manner of applying for registration as an authorised user under sub-section (/) and the manner of submitting statements and documents along with such application and the fee which may accompany such application under sub-section (2) of section 17; (i) the manner of making applciation, the time within which such application is to be made and the fee payable with each application, under sub-section (3) and the time within which the registrar shall send notice and the manner of such notice under sub-section (4) and the form in which and the fee which may accompany an application for renewal to be made under sub-section (5) of section 18; (j) the manner of making applications under sub-sections (j) and (2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub- section (5) of section 27; (k) the manner of making an application for correction, etc, under section 28; (j the manner of making an application under sub-section (1), the manner of advertising an application under sub-section (1), the time and manner of notice by which an application may be opposed under sub-sections (2) and (3) of section 29; (m) the manner of advertisement under sub-section (2) of section 30; (n) the form of making an appeal, the manner of verfication and the fee payable under sub-section (3) of section 31;(0) the form in which an application for rectification shall be made, under sub-section (1) of section 34; (p) the manner of making an application for review under clause (c) of section 60; (q) the time withm which an application 1s to be made to the registrar for exercising his discretionary power under section 61; (pf) the manner of making an application and the fee payable thefor under sub-section (1) of section 64; (s) the manner of authorising any person to act and the manner of registration of a geographical indications agent under section 76; ( the fee and surcharge payable for applications and registrations and other matters under sub-section (1) of section 80; (u) any other matter which is required to be, or may be, prescribed (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 session for a total period of thirity days which may be comprised in one session or in two or more successive sessions; and if, before the expiry of the session immediatly 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 reasonsat present there is no specific law governing geographical indications of goods in the country which could adequately protect the interests of producers of such goods exclusion of unauthorized persons from misusing geographical indications would serve to protect consumers from deception, add to the economic prosperity of the producers of such goods and also promote goods bearing indian geographical indications in the export market} nless a geographical indication is protected in the country of its origin, there is no obligation under the agreement on trade related aspects of intellectual property rights (trips) for other countries to extend reciprocal protection india would, on the other hand, be required to extend protection to goods imported from other countries which provide for such protection 'in view of the above circumstances, it is considered necessary to have a comprehensive legislation for registration and for providing adequate protection for geographical indications hence the bill ° 2 the bill has the following salient features:— (a) definitions of several important terms like "geographical indication", "goods", "producers", "package", "registered proprietor", "authorized user", etc; (b) provision for the establishment of a geographical indications registry; (c) provisions for the maintenance of a register of geographical indications in two parts—part a and part b and use of computers, etc, for maintenance of such registers while part a will contain all registered geographical indications, part b will contain particulars of registered authorized users; (d) registration of geographical indications of goods in specified classes; (e) prohibition of registration of certain geographical indications; (f) provisions for framing of rules by central government for filing of application, its contents and matters relating to substantive examination of geographical indication applications; (g) compulsory advertisement of all accepted geographical indication applications and for inviting objections; (h) registration of authorized users of registered geographical indications and providing infringement action either by a registered proprietor or an authorized user; (i) provisions for the renewal, rectification and restoration of geographical indications and authorized user; (j) provisions for higher level of protection for notified goods; (k) prohibition of assignment, etc, of a geographical indication as it is a public property; (1) prohibition of registration of geographical indication as a trade mark; (m) appeal against registrar's decisions would lie to the intellectual property appellate board established under the, trade marks legislation; (n) provision relating to offences and penalties; (0) provision detailing the effects of registration and the rights conferred by registration; (p) provisions for reciprocity, powers of the registrar, maintenance of index, piotection of homonymous geographical indications, etc 3 the bill seeks to achieve the above objects the notes on clauses explain the various provisions of the bill murasoli maran new delhi; the 25th november, 1999clause 1—this clause gives the short title of the bill, the area of its operation and the date of commencement of the act and its various provisions as adequate steps have to be taken for administering the provisions of the proposed legislation, provision has been made to bring different provisions of the act on different dates clause 2—this clause contains defintions and interpretation the difintions "appellate board", "authorized users", "deceptively similar", "geographical indication", "name", "goods", "indication", "package", "producers", "register", "registered proprietor", "registrar" and "tribunal", etc, have been provided the concept of a statutory protection for geograpnhical indications being new in india it is necessary to define the same and other associated expressions including "authorized users", "registered proprietors", and "producers" only an authorized user of a registered geographical indication can use that geographical indication on the goods however, infringement action can be initiated both by the registered, proprietor and the authorized user clause 3—this clause provides for the appointment of a registrar of geographical indications and other subordinate officers the controller general of patents, designs and trade marks as may be appointed under sub-section (1) of section 3 of the proposed new trade marks legislation (which will be enacted as the trade marks act, 1999) shall be the registrar of geographical indications who will be assisted by necessary additional officers and staff in the work relating to administration of the proposed legislation clause 4—this clause seeks to empower the registrar to withdraw any matter pending before an officer by a written order and deal with such matter himself or transfer the same 'to another officer for reasons to be recorded therein this provision is similar to section 4 of the trade and merchandise marks act, 1958 which is proposed to be retained under the trade marks act, 1999 the purpose of this clause is to ensure better management of the work in the geographical indications registry and in the administration of the act clause 5—this clause deals with the establishment of the geographical indications registry and branch offices it corresponds to similar provisions under the trade marks act, 1999, the clause also provides for a seal of the geographical indications registry clause 6—this clause provides for a record to be called the register of geographical indications which would be maintained at the head office and all branch offices wherein specified material particulars would be entered the clause also provides for maintenance of the register on the computer or in any other electronic form it further provides that the register shall be kept under the control and management of the registrar subject to the superintendence and directions of the central government a copy of register and such other notified documents mentioned in clause 77 shall be maintained at each of the branch officer provision has also been made to enable maintenance of register and other records in computer floppies or diskettes or in any other electronic form subject to such safeguards as may be prescribed in the rules clause 7—this clause provides for the division of the register of geographical indications into two parts, namely, part a and part b in part a of the register relevant particulars of registered geographical indications would be entered and in part b the details of authorized users would be maintained in the manner as may be prescribed in the rules clause 8—sub-clause (1) of clause 8 provides that a geographical indication may be registered in respect of any or all the goods comprised in a prescribed class of goods and in respect of a definite territory of a country or a region or locality, as the case may be sub-clause (2) provides that the classification shall, as far as possible, conform to the international classification of goods sub-clause (5) provides that where any question arises regarding classification of goods or the determination of the definite area it shall be determined by the registrar whose decision in the matter shall be final clause 9— this clause prohibits the registration of certain geographical indications sub-clause (a) prohibits, in general terms, the registration of a geographical indication the use of which is likely to deceive or cause confusion this clause safeguards the free operation of normal trade channels from interference so far as it seeks to protect registered geographical indications and is incorporated for the benefit of other traders as also the public at large confusion regarding geographical indication may be visual or phonetio in nature, ie contextual confusion or as to trade origin the pruchasers should not be deceived or induced to believe that the goods sold under the geographical indication emanates from the same trade source, sub-clause (b) seeks to prohibit the registration of geographical indications which are contrary to any law for the time being in force where producers apply for registration of geographical indication which are used in contravention of the provisions of any existing statute, the application shall be refused sub-clause (c) seeks to prohibit registration of geographical indications that consist or contain scandalous or obsecene matter sub-caluse (d) prohibits registration of geographical indications, which are likely to hurt the religious feeling of any class or section of citizens of india, sub-caluse (e) prohibits registration of geographical indication that would otherwise be disentitled to protection in a court subclause (f) prohibits registration of a geographical indication that have become generic, indications that have ceased to be protected in the country of origin or have fallen into disuse in that country sub-clause (g) prohibits registration of geographical indications which falsely represent to persons that the goods originate in a locality although literally true as to the territory, region or locality of its origin explanation 1 to clause 9 explains what is meant by generic names or indications and explantion 2 details the factors to be taken into account in determining whether the name has become generic or not clause 10— this clause provides for the registration of homonymous geographical indications this refers to similar geographical indications the registrar in that case would have to consider the practical question to differentiate the two homonymous indications and avoid confusion in the markct clause 11--this clause stipulates eligibilty regarding filing of applications for registration of geographical indication generally the apex bodies dealing with particular goods like the coffee board, tea board, spices board, etc which look after the interests of the producers of such goods as also the trade concerned would initiate the original application therefore, provision is made for any association of persons or of producers or any organization or authority representing the interest of the producers of the goods to file an application for registration of a geographical indication sub-clause (2) provides the requirements of making such an application sub-clause (3) provides for the filing of a single application for different of goods this will reduce paper work and expedite processing of applications sub-clause (4) provides that an application for the registration of a geographical indication shall be filed at the appropriate office of geographical indications registry sub-clause (5) empowers the registrar to refuse or accept the application either absolutely or subject to such amendment or modifications, conditions or limitations as may be required sub-caluse (6) provides that where an application is refused or accepted with conditions, the registrar shall record in writing the reasons thereof and the material used by him to arrive at his decision clause 12—this clause provides for withdrawl of acceptance of an application for registration of a geographical indication, if it has been accepted in error or other circumstances after giving an opportunity to the applicant to be heard in the matter clause 13-—this clause provides that where an application has been accepted, the registrar shall cause the same to be advertised in such manner as may be laid down in the rules detailing material particulars of the application the registrar has been vested with the power to re-advertise an application when an error is noticed after advertisement under sub-clause (2)clause 14—this clause provides that any person may, within three months from the date of advertisement or re-advertisement of an application for registration or within such further period not exceeding one month in the aggregate, file a notice of opposition in writing to the registrar the registrar shall serve a copy of the notice so received on the applicant and if within two months from the receipt by the applicant does not file a counter statement of the grounds on which he relies in support of the application, the application shall be deemed to have been abandoned if the applicant sends a counter statement, the registrar shall serve a copy of it on the person giving notice of opposition thereafter, the registrar would dispose of the matter providing an opportunity of hearing to the parties and considering the materials on record and the evidences clause 15—this clause empowers the registrar to carry out correction of any error and amendments in an application whether before or after acceptance, if any errors are found in the appliation clause 16—this clause provides that when an application has been accepted unopposed after advertisement or has been opposed but decided in favour of the applicant, the registrar shall, unless the central government directs otherwise, register the geogrpahical indication and the authorized user, if any, mentioned in the application when a geographical indication is registered, the date of filing of the application shall be the date of registration sub-clause (2) provides that the registrar shall issue to each of the applicants and the authorized user a certificate in prescribed form with the seal of the geographical indications registry sub-caluse (3) provides that where the registration of a geographical indication is not completed within twelve months from the date of the application by reasons of the applicant's defaults, the registrar may after giving notice in the prescribed manner treat the application as abandoned unless it is completed within the time specified in the notice sub-clause (4) empowers the registrar to amend the register or the certificate of registration to carry out corrections of a clerical error or an obvious mistake clause 17,—this clause provides that any person claiming to be the producers of the goods in respect of which a geographical indication has been registered under clause 16, may apply to the registrar for registering him as an authorized user of such geographical indication, the procedure relating to registering an authorized user of a registered geographical indication would be similar to the procedure for the registration of a geographical indication the manner of making the application, statement and documents which shall accompany the application and the fee payable shall be presribed by rules clause 18+—this clause provides for the registration of a geographical indication and the validity of registration of an authorized user for a period of ten years both the registrations may be renewed from time to time however, if the renewal is not effected within the prescribed or extended time, the geographical indication or the authorized user, as the case may be, is liable to be removed from the records provision is also made under this clause for the restoration of registration under certain circumstances clause 19—this clause provides for the consequences of removal of a registered geographical indication for the failure to pay the prescribed renewal fee clause 20—this clause provides that no person shall be entitled to institute any proceeding to prevent or recover damages for the infringement of an unregistered geographical indication this clause only forbids the institution of proceedings for injunctions or for damages, sub-clause (2) provides that nothing in the proposed legislation shall be deemed to affect the right of action against any person for passing off goods as the goods of another person this is a common law action for deception which is expressly saved by the bill clause 21—this clause provides for the rights conferred by registration of a geographical indication once registered, a geographical indication shall, if valid, give both to the registered proprietor and all authorized users whose names have been entered in part a and in part b of the register, the right to obtain relief in respect of infringement of the geographical indication in the manner provided by this bill however, authorized users alone shall have the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered however, this right is subject to the conditions and limitations to which the registration is subject further sub-clause (3) provides that two or more authorised users of a registered geographical indication shall have co- equal rights clause 22—this clause deals with infringement of registered geographical indications a registered geographical indication is infringed by a person who, not being the registered proprietor or an authorized user, uses such an indication on the goods or suggests that such goods originate in some other geographical area other than the true place of origin ofthe goods which misleads the public sub-clause (b) provides that a geographical indication is also infringed by any use that constitutes an act of unfair competition which term is elaborated in explanatians | and 2 sub-clause (iii) to explanation 2, for instance, states that a geographical indication the use of which in the course of trade is liable to mislead the public as to the nature, manufacturing process, the characteristics, suitability or quantities of the goods would also constitute an infringement sub-clause (c) states that a registered geographical indication is infringed by a person who, not being the registered proprietor or an authorized user, uses another geographical indication to the goods which although literally true as to the territory, region or locality in which the goods originate, falsely represent to the public that the goods originate in the region, territory or locality in respect of which such registered geographical indication relates sub-clause (2) of this clause provides that the central government may by notification in the official gazette provide for a higher level of protection for certain goods or classes of goods which are notified under article 231 of the agreement on trade related intellectual property rights (trips), india is obligated to prevent the use of a geographical indication that identifies wines or spirits not originated in the place indicated by the geographical indication, even where the true place of origin of the goods is indicated or where the geographical indication is used in translation or accompanied by expression such as "kind","type", "style" "imitation" or the like sub-clause (3) seeks to extend this concept to not merely wines but also to goods of national interest on a case to case basis sub-clause (4) provides that once a geographical indication is lawfully acquired further dealing in such goods shall not constitute an infringement unless the goods are impaired after they have been put in the market clause 23,—sub-clause (1) of this clause provides that a geographical indication once registered shall prima facie be evidence of the validity of the registration and the certificate of registration shall be admissible in all courts and before the appellate board without further proof or production of the original sub-slause (2) provides that nothing in the said clause shall be deemed to affect the right of action in respect of an unregistered geographical indication ' clause 24— as a geographical indication is a public property, orte registered, this clause prohibits any assignment licensing, mortgaging, etc, of such geographical indication however, on the death of an authorized user his successor in title can be brought on record clause 25—this clause prohibits the registration of a geographical indication as a trade mark or invalidates any geographical indication registered as a trade mark as it would lead to expropriation of a public property by an individual leading to confusion in the market clause 26—this clause protects a trade mark which contains or consists of a geographical indication which has been applied for or registered in good faith under the trade marks law or where such trade marks have been used in good faith before the commencement of the proposed legislation or before the date of filing of an application for registration of a geographical indication sub-clause (2) states that this act shall not apply to geographical indication with respect to goods or class or classes of goods which have become the common name of such goods in india on or before 1st january, 1995 sub clause (3) protects the right of any person to use his name or the name of his predecessor in business except where such name is liable to cause confusion or mislead the public subclause (4) provides that no action in connection with the use of registration of a trade mark shall be taken after five years from the date from which such use or registration which infringes any geographical indication registered under this act has become known to the registered proprietor or the authorized user clause 27—-this clause empowers the registrar or the appellate board to cancel or vary the registration of a geographical indication or of an authorized user for the contravention or failure to observe the conditions entered on the register sub-clause (2) enables any person aggrieved by the absence or omission of any entry in the register without sufficient cause or any entry wrongly remaining on the register by any error or defect, to apply to the appellate board or the register to pass appropriate orders sub-clause (4) empowers both the registrar and the appellate board tosuo moto, after giving notice to the parties concerned and hearing them, pass appropriate orders cancelling, varying or rectifying the register clause 28—this clause empowers the registrar to carry out any correction on the register and make such consequential amendments or: alteration in the certificate of registration clause 29—this clause provides that the registered proprietor of a geographical indication may apply to the registrar for alteration of the registered geographical indication not substantially affecting the identity thereotfor example, if "darjeeling tea" is registered as geographical indication in english, a subsequent request may be made to depict the said registered indication in devanagri (hindi) script according to the procedure prescribed under this clause : clause 30—-this clause prohibits the registrar normally from making any amendment of the register by adding any goods or classes of goods in respect of which a geographical indication is registered except as is provided in the proviso to sub-clause (1) of that clause and after complying with the procedure prescribed by rules under subclause (2) clause 31—this clause provides for an appeal by any person aggrieved by an order or decision of the registrar of geographical indications to the appellate board clause 32—this clause bars the jurisdiction of any court or authority to exercise any jurisdiction, powers or authority in relation to the matters referred 'to in sub-clause (1) of clause 31 clause 33--this clause provides that certain provisions relating to the appellate board mentioned in the proposed trade marks act, 1999 as enumerated therein shall apply to the appellate board in the discharge of its functions under this act clause 34—this clause deals with the procedure for processing an application for rectification, etc, before the appellate board clause 35—this clause provides that the registrar shall have a right to appear and be heard before the applellate board where the relief sought includes alteration and rectification of the register or in which any question relating to the practice of the geographical indications registry is involved paragraph (b) of sub-clause (1) provides for the apprearance of the registrar before the appellate board in certain circumstances sub-clause (2) empowers the registrar to submit a statement in writing to the appellate board, in lieu of appearance, in matters relating to an issue or the grounds of any decision given by him or the practice of the, registry or of other matter relevant to the same and within his knowledge and such statement shall be evidence in the proceedingclause 36—this clause deals with costs of the registrar in proceedings before the appellate board the cost of the registrar shall be at the discretion of the appellate board however, the registrar shall not be ordered to pay the cost of any parties clause 37—this clause elaborates the meaning of applying a geographical indication to the goods this would include the applying of a geographical indication to the goods themselves or to any package in or with which the goods are sold or exposed for sale or a person who has in his possession for sale, trade or manufacture of such goods or uses a geographical indication which is reasonably likely to lead to a connection between the goods with that geographical indication and would include the use of a geographical indication in any sign, advertisement, invoice, price list or other business paper clause 38,—this clause lays down as to what amounts to falsifying or falsely applying a geographical indication in particular, sub-clause (3) mentions that any geographical indication falsified under sub- clause (1) or sub-clause (2) shall be referred to as a false geographical indication sub-clause (4) provides that in any prosecution for falsifying geographical indication or falsely applying a geographical indication to goods, the burden of proving the assent of the proprietor shall lie on the accused clause 39,—this clause lays down the penalty for falsifying or falsely applying geographical indication to goods it provides for imprisonment of not less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend up to two lakh rupees, however, the court may for adequate and special reasons to be mentioned in the judgement award a punishment lesser than the minimum punishment clause 40—this clause lays down similar penalities as mentioned in clause 39 for selling goods to which a false geographical indication has been applied clause 41--this clause provides for enhanced penalty for second or subsequent conviction the term of imprisonment in such cases shall not be less than one year but it may extend up to three years and fine of not less than one lakh rupees which may extend up to two lakh rupees here also discretion is vested with the courts to impose a lesser punishment than the minimum punishment after recording in the judgment adequate and special reasons for awarding such lesser punishment further, no cognizance would be taken of any conviction made before the commencement of this act clause 42—this clause makes falsely representing a geographical indication as registered as an offence and lays down its penalty the punishment for the offence is imprisonment of three years or with fine or with both clause 43--under this clause, the use of any words which would reasonably lead to the belief that a person's place of business is officially connected with the geographical indications regostry is made as a punishable offence with imprisonment which may extend to two years or with fine or with both clause 44—this clause contains provisions for similar penalties as mention in clause 43 for falsification of entries in the register of geographical indications- clause 45,—tkis clause specifically provides that in case where an alleged offence relates to a registered geographical indication and the act, or omission is permitted under the proposed legislation or where the alleged offence relates to a registered geographical indication and the act or omission is permitted under any other law for the time being in force, the provisions of clauses 39 40 and 41 shall not be applicable it is in the nature of defence available to an accused clause 46—this clause empowers the court to direct the forfeiture to government of all the goods and things by means of or in relation to which certain offences mentioned therein have been committed the court may either order for the forfeited goods to be destroyed or otherwise disposed of where an appeal against conviction lies, the appeal will lie against the forfeitureclause 47—this clause provides for exemption of certain persons employed in the ordinary course of business who are accused of an offence under section 39, from liability if they can prove their innocence in the circumstances mentioned in that section and would be acquitted accordingly clause 48—this clause provides for the procedure where invalidity of registration is pleaded by the accused and makes provision for stay of proceedings in certain circumstances if the court is satisfied with the defence of invalidity of the registration, it may adjourn the proceedings for three months to enable an application for rectification of the register to be filed before the appellate board if the accused proves that he has made such application, further proceedings shall stand stayed till the disposal of the application for rectification on the other hand, if within the period allowed by the court, the accused fails to apply for rectification before the appellate board, the court will proceed with the case as if the registration is valid sub-clause (2) provides that where an application for rectification is pending before the institution of the criminal proceedings, the court shall stay the proceedings in the prosecution pending the outcome of the rectification application and determines the charge in conformity thereof to the extend that the complaint relies on the registration of his geographical indication clause 49—this clause contains for offences by companies it seeks to provide that where a person committing the offence is a company, the company as well as every person responsible in the company for the conduct of its business will be liable where a person accused proves that the offence was committed without his knowledge, he will not be tiable however, where it is proved that an offence has been committed with the consent or connivance or is attributable to the neglect of any director, manager, secretary or any other officer of the company, he shall be deemed to be guilty of the offence clause 50—-this clause provides that no court shall take cognizance of an offence under clause 42 or clause 43 or clause 44 except on a complaint in writing made by the registrar or any officer authorized by him however, under clause 42(1)(b) a court shall take cognizance of an offence on the basis of certificate issued by the registrar to the effect that a registered geographical indication has been represented as registered in respect of any goods, for which it has not, in fact, been registered sub-clause (2) provides that no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try an offence under this act sub-clause (3) provides that an offence under clause 39 or clause 40 or clause 41 shall be cognizable sub-clause (4) provide that a police officer not below the rank of deputy superintendent of police or equivalent, maypif he is satisfied that any offence referred to in sub-clause (3) has been committed or is likely to be committed, search and scize without warrant the goods, die, block, machine, parts, plates' or other instruments or things involved in the commission of offence, and wherever found, shall be produced before the magistrate at the earliest however, a police officer before making any such search or seizure shall obtain the opinion of the registrar on the facts involved in the offence relating to the geographical indication and shall abide by such opinion, sub-clause (5) enables a person having an interest in any article seized to file an application to the judicial magistrate of the first class or the metropolitan magistrate, as the case may be, for restoration of such article seized under sub-clause (4) clause 51—this clause empowers the court to order payment of reasonable costs by the accused to the complainant or by the complainant to the accused, having regard to all the circumstances of the case and conduct of the parties further, the costs so awarded could be recovered as if they were a fine clause 52—this clause seeks to lay down a period of limitation for commencement of prosecutior for an offence under the act it provides that no prosecution for an offence under this act shall be commenced after the expirty of three years following the commission of the offence or two years after the discovery thereof by the prosecutor, whichever happens firstclause 53—this clause provides that any officer of the government who is duty bound to enforce the provisions of chapter viii of the bill shall not be compelled in any court to disclose the source of information of the commission of any offence under this act clause $4,—this clause provides that any person in india abetting the commission of any offence which, if committed in india should be an offence, shall be tried for such abetment and shall be punished clause 55—this clause seeks to protect anything done in good faith or intended to be done by any person under this act clause 56—-this clause states that every person appointed under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code clause 57—this clause deals with the circumstances in which stay of infringement proceedings can be ordered it also provides that a stay of a suit for infringement of a geographical indication shall not preclude the court from making an interlocutory order during the period of stay clause 58—-this clause provides that in certain cases, specified therein the application for rectification of register should be made the appellate board clause 59-—t his clause provides that where a geographical has been applied to the goods on sale or in contract for sale of goods, there is an implied warranty that the geographical indication is a genuine geographical indication and not falsely applied clause 60—this clause seeks to empower the registrar with the powers of a civil court, including award of reasonable costs, subject to the rules to be made in this behalf it is specificically provided that the registrar shall have the power to review his own decision clause 61—this clause provides that where the registrar exercises any discretionary power vested in him adverse to an applicant, such person should be given an opportunity of being heard clause 62—this clause lays down the method of giving evidence before the registrar, it says that evidence before the registrar should be normally in the form of affidavit only and in addition to or in lieu thereof, he may take oral evidence ciause 63—this clause provides that in case of death of a party to a proceeding during the course of the proceeding, the registrar on proof to his satsfaction may allow substitution of successor of the party or may allow the proceeding to continue with the surviving parties, clause 64—this clause empowers the registrar to extend the time for doing of any act (not for the time being expressly provided in this bill) subject to conditions clause 65—~this clause provides for the absandonment of an application by reason of default of the applicant if the registrar is of the opinion that the applicant has defaulted in prosecution of his 'application, he may by notice require the applicant to remedy the defect within a specified time after giving him an opportunity of being heard he may treat the application as abandoned unless the default is remedied within the time specified by him clause 66—this clause provides that a suit for the infringement of a geographical indication shall be instituted only before a district court it is proposed that the term "district court having jurisdiction" would include a district court within the local limits of whose jurisdiction, the person or one of the persons instituting the suit or proceeding actually and voluntarily resides or carries on business or personally works for gainclause 67—this clause provides for relief in a suit for infringement or of passing off sub-clause (2) provides that an injunction order may include an ex parte injunction or any interlocutory order including discovery of document, preserving of infringing goods, restraining the defendant from disposing of or dealing with his assets adversely affecting the plaintiffs ability to recover damages or other pecuniary remedies which may be finally awarded by court sub-clause (3) lays down the circumstances in which the court shall not grant relief by way of damages (other than nominal damages) or an account of profits clause 68—this clause provides that in every proceeding under chapter vi or under section 31 authorised user of a geographical indication has to be impleaded clause 69—this clause provides that a certified copy of any entry in the register or any document mentioned in sub-clause (1) of clause 77 and sealed with the seal of geographical indications registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original sub-clause (2) provides that a certificate issued by the registrar as to any entry, matter or thing, he is authorized to do shall be prima facie evidence of the entry having been made and of the contents thereof clause 70—this clause provides that the registrar and other officers shall not be compelled to produce the register or any other document in his custody in any legal proceedings, the content of which can be proved by the production of a certified copy issued under this act, or to appear as a witness to prove the matters therein recorded, unless ordered by the court for special reasons clause 71—this clause empowers the central government by notification to require goods of any class specified in the notification which are made or produced outside india and imported into india to apply an indication of the country or place in which such goods are made or produced with the name and address of the manufacturer however, no such notification shall be issued unless a substantial segment of interested dealers, manufacturers or producers make an application to the central government to that effect and the government is convinced that it is necessary in public interest to issue such a notification however, such a notification would not apply to goods if the commissioner of customs is satisfied that they are intended for re-export or transhipment in or transit through india clause 72—this clause empowers the appellate board to grant a certificate of validity of a registered geographical indication or the authorized user in any legal proceedings relating to rectification of the register,-and if, in any subsequent legal proceedings as to its validity comes up the said registered proprietor or the authorized user, as the case may be, will be entitled to recover the full cost charges and expenses as between a legal practitioner and his client clause 73—this clause seeks to protect the persons against groundless threats of infringement by giving them an opportunity to bring a suit against the person making such threats and obtain a declaration that the threats are unjustifiable and an injunction against the continuance of the threats and recovery of damages clause 74—this clause deals with address for sevice for the purpose of this legislation an address for service stated in an application or notice of opposition shall be deemed to be the address of the applicant or opponent, as the case may be: clause 75—this clauses states that in any proceeding relating to geographical indications before the tribunal, the registrar or the appellate board shall admit evidences of the usages of the trade concerned any relevant geographical indication legitimately used by other persons clause 76—this clause provides for the persons-who can appear before the registrar and includes persons registered as geographical indications agent under the actclause 77—this clause provides for the maintenance of various types of indexes by the registrar under this act clause 78—this clause provides details of documents which are open to public inspection the bill provides for the maintenance of the register on a computer or in any other electronic form and an inspection of a computer print of the relevant entry to be deemed to be inspection of the concerned document clause 79—this clause provides that the central government shall place before both the houses of parliament once a year a report regarding the execution by or under the registrar of this act clause 80—this clause provides for prescribing fees and surcharges payable for various acts under this act clause 81—this clause provides for savings in respect of certain matters relating to chapter viii clause 82—this clause provides that no document declaring or purporting to declare any title of a person to a geographical indication other than a registered geographical indication shall be registered under the registration act, 1908 clause 83—this clause provides that the provisions of this act shall be binding on the government clause 84—this clause provides for the declaration of any country, or group of countries or union of countries or inter-government organisations to be a convention country by notification by the central government for the fulfillment of a treaty, convention or arrangement and includes provisions relating to applications for registration from citizens of convention countries clause 85—this clause contains provisions as to reciprocity if any country or group of countries or union of countries or inter-governmental organisations does not accord to citizens of india the same rights as to registration and protection of a geographical indication to its own nationals, no national of that country or country which is a member or group of countries or union of countries or inter- governmental organisation, as the case may be, is entitled to apply for the registration of a geographical indication clause 86—this clause provides that the central government be empowered to remove any difficulties which may arise in giving effect to the provisions of this act, by order published in the official gazette, if however, it is not inconsistent with the provisions of this act and such order shall not be' issued after five years from the commencement of this act every such order made under this clause shall, as soon as may be after it is made, be laid before each house of parliament clause 87—this clause empowers the central government by notification in the official gazette and subject to the condition of previous publication to make rules to carry out the provisions of this bill, when enacted sub-clause (2) enumerates the various matters in respect of which rules may be made sub-clause (3) seeks to provide that every rule made under the proposed act shall be laid as soon as after it is made before each house of parliament financial memorandumin this bill, provision has been made for providing registration and better protection of geographical indications of goods in india the term geographical indication, "refers to any indication which defines the goods as originating in the territory of a country or a region or a jocality in that territory, and where a given quality, reputation or other characteristics of the goods are essentially attributable to their geographical origin" it is expected that in the first year of the administration of the proposed legislation, about 1200 applications will be filed for the registration of geographical indications a geographical indications registry would be entrusted with the responsibility of administering the geographical indications of goods (registration and protection) bill, 1999 suitable manpower and infrastructure support to handle work relating to filing of applications, registration and search examination requests would be required this will include creation of the posts of a senior joint registrar, a joint registrar/deputy registrar, assistant registrar, senior examiner, stenographer grade 'd', lower division clerk, data entry operator and daftry/peon to start with subseqently, depending upon the workload the same manpower structure would be extended to branches for this, an estimated expenditure of rs 74 lakhs per annum towards salary and allowances and rs 50 lakhs for miscellaneous expenses (stationery, maintenance, training, office expenses, purchase of books, etc,) as recurring expenditure and rs 125 lakhs as non-recurring expenditure towards infrastructure and other facilities such as furniture, telecommunications, software development, pcs, xerox machines, etc, is anticipated 2 the bill also provides for establishment of an appellate board for expeditious disposal of appeals against the decisions of the registrar and for development of sound precedents and practices in this specialized branch of law the intellectual property appellate board proposed to be set up for disposal of appeals on the decisions of the registrar of trade marks will also handle appeals in regard to geographical indications cases 3 implementation of the provisions in clauses 3, 5, 6, 13, 77 and 78 of the bill will involve expenditure from the consolidated fund of india 4, the bill provides fcr payment of fees in respect of application and registration and other matters under the act memorandum regarding delegated legislationsub-clause (1) of clause 8 of the bill empowers the registrar to classify goods in accordance with the international classification of goods for the purpose of registration of geographical indications 2 clause 87 of the bill empowers the central government to make rules to carry out the provisions of the proposed legislation sub-clause (2) of that clause enumerates the matter with respect to which the rules may be made under this clause these matters relate, inter alia, to the matters to be included in the register of geographical indications and the safeguards to be observed in the maintenance of such register ip computer floppies or diskettes or in any other electronic form; the form and manner in which an application for registration of a geographical indication may be made; the manner in which the application for geographical indication shall be examined; thc manner of publication of advertisement of accepted applications for registration of geographical indications; the manner in which the fee may accompany such an application; the manner of giving notice of opposition; the manner of sending counter statement and the manner of submission of evidence and the time thereof; the form of certificate of registration; the manner of applying for registration as an authorized user; the manner of making an application for renewal; the manner of making an application for rectification; the manner of making an application for correction of the register; the manner of making an alteration of registered geographical indications; the form and manner of making appeals to the appellate board; the form in which any application or an application for rectification shall be made before the appellate board; the manner of making an application for review; the time within which an application is to be made to the registrar under the exercise of discretionary powers; the manner of making application for extension of time; the manner of authorizing any person to act and the manner of registration of geographical indications and the fee and surcharge payable for applications and registrations the power to make rules is, however, subject to the condition of the rules being made after previous publication every rule made by the central government under clause 87 is required to be laid before parliament 3 the aforesaid matters relate to 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

Parliament_bills

f660d364-9d92-5a4f-b025-eddcc27ee50b

bill no 51 of 2012 the national housing bank (amendment) bill, 2012 a billfurther to amend the national housing bank act, 1987be it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the national housing bank (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, appoint; and different dates may be appointed for different provisions of this act5amendment of section 253 of 19872 in section 2 of the national housing bank act, 1987 (hereinafter referred to as the principal act),—(a) after clause (b), the following clause shall be inserted, namely:—1 of 195610'(ba) "company" means a company as defined in section 3 of thecompanies act, 1956, and includes a foreign company within the meaning of section 591 of that act;';(b) in clause (d), for the words "which primarily transacts or", the words "which transacts either in whole or in part and" shall be substitutedamendment of section 3153 in section 3 of the principal act, in sub-section (3), for the words "bombay or at such other place as the reserve bank", the words "mumbai or at such other place as the central government" shall be substituteda m e n d m e n t of section 44 in section 4 of the principal act, in sub-section (1), for the proviso, the following proviso shall be substituted, namely:—"provided that the central government may, by notification, increase the authorised capital to such amount as may be specified in the notification, from time to time"55 after section 4 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 4a and 4b transfer of capital to central government"4a the issued capital of the national housing bank, which has been subscribed by the reserve bank as on the date immediately preceding the commencement of section 5 of the national housing bank (amendment) act, 2012, shall, on such commencement, stand transferred to, and vest in, the central government10payment of amount4b the reserve bank shall be given by the central government, in cash, for the transfer to, and vesting in, the central government of the issued capital of the national housing bank which has been subscribed by the reserve bank, an amount equal to the face value of the said subscribed capital" 6 in section 6 of the principal act,—15a m e n d m e n t of section 6(a) in sub-section (1), for clause (d), the following clause shall be substituted, namely:—"(d) one director to be nominated by the reserve bank;";(b) for sub-section (2), the following sub-section shall be substituted, namely:—20"(2) the chairman, the managing director and other directors [excluding the directors referred to in clauses (ca) and (d)] shall be appointed by the central government: provided that the chairman and the managing director shall be appointed in consultation with the reserve bank"25a m e n d m e n t of section 77 in section 7 of the principal act, in sub-section (5), in the proviso, for the words "or a director of the reserve bank", the words "or an official of the reserve bank", shall be substituted8 in section 14 of the principal act,—a m e n d m e n t of section 14(a) in clause (b), after the words "housing finance institutions,", the words"non-banking financial companies," shall be inserted;30(b) after clause (b), the following explanation shall be inserted, namely:—'explanation— for the purposes of this clause, the expression "housing activities" includes acquisition, construction, reconstruction, purchase, repair or renewal of a residential house and all off site and on site housing related activities or incidental thereto';35(c) for clause (ea), the following clause shall be substituted, namely:—"(ea) buying, selling or otherwise dealing in any loans or advances relating to housing activities secured by mortgage or charge on immovable property;";40(d) in clause (f), after the word "companies", the words "including mortgage guarantee companies, securitisation companies, reconstruction companies and credit information companies" shall be inserted; (e) clause (k) shall be omittedamendment of section 1646 of 1973 42 of 19999 in section 16 of the principal act, in sub-section (1), for the words and figures"foreign exchange regulation act, 1973", the words and figures "foreign exchange management act, 1999" shall be substituted10 in section 16b of the principal act,—amendment of section16b5(a) in sub-section (1), after the words "such institution to the national housing bank", the words "as per the repayment schedule fixed by the national housing bank" shall be inserted;(b) after sub-section (2), the following sub-section shall be inserted, namely:—101520'(3) notwithstanding anything to the contrary contained in any other law for the time being in force, where a liquidator is appointed for winding up a borrowing institution, it shall be the duty of the liquidator to forthwith pass on to the national housing bank, the sums recovered by the borrowing institution or the liquidator, as the case may be, in repayment or realisation of the loans and advances refinanced either wholly or partly by the national housing bank to the extent the refinance is outstanding and the national housing bank shall be entitled to enforce the securities held by the borrowing institution in trust for the national housing bank as if every reference to the borrowing institution in any contract, security or other document obtained by the borrowing institution is a reference to the national housing bank and accordingly, the national housing bank shall be entitled to recover the balance sums due under such loans and advances from the constituents of the borrowing institution and any discharge given by the national housing bank to such constituent shall be a valid discharge and the liquidator shall, on demand made by the national housing bank, deliver to it all such contracts, securities and other documents, for due enforcement thereof by the national housing bank25explanation—for the purposes of this sub-section, the word "liquidator"shall include liquidator or a provisional liquidator or any person or authority entrusted with the duty of liquidating the borrowing institution'3011 in chapter v of the principal act, in the heading, for the words "receivingdeposits", the words "which are companies" shall be substitutedamendment of heading of chapter v12 in section 29a of the principal act,—amendment of section29a(a) in sub-section (1), for clause (b), the following clause shall be substituted, namely:—35"(b) having the net owned fund of two hundred lakh rupees or such other higher amount as the reserve bank may, by notification, specify from time to time"; (b) for sub-section (2), the following sub-section shall be substituted, namely:—"(2) every housing finance institution which is a company shall make an application for registration to the reserve bank in such form as may be specified by the reserve bank:4045provided that an application made by a housing finance institution which is a company under this sub-section to the national housing bank and pending for consideration with the national housing bank as on the date of commencement of the national housing bank (amendment) act, 2012, shall be transferred by the national housing bank to the reserve bank and thereupon the application shall be deemed to have been made under the provisions of this sub-section and shall be dealt with accordingly:provided further that the provisions of this sub-section shall not apply to the housing finance institution which is a company having a valid registration certificate granted under sub-section (5) on the date of commencement of the national housing bank (amendment) act, 2012 and such housing finance institution shall be deemed to have been granted a certificate of registration under the provision of this act"; (c) sub-section (3) shall be omitted;5(d) in sub-sections (4) and (5), for the words "national housing bank", wherever they occur, the words "reserve bank" shall be substituted; (e) in sub-section (6),—(i) for the words "national housing bank may cancel", the words "reserve bank may cancel" shall be substituted;10(ii) in clause (iv), for the words "national housing bank" wherever they occur, the words "reserve bank or the national housing bank" shall be substituted;15(iii) in clause (v), for the words "national housing bank", the words"reserve bank" shall be substituted;(iv) in the proviso,—(a) for the words "housing finance institution" at both the places where they occur, the words "housing finance institution which is a company" shall be substituted;20(b) for the words "national housing bank" at both the places, where they occur, the words "reserve bank" shall be substituted;(f) in sub-section (7), for the words "national housing bank", the words"reserve bank" shall be substituted;(g) in the explanation, in clause (i), in sub-clause (b), in item (1), for sub-item(iii), the following sub-item shall be substituted, namely:—25"(iii) all other non-banking financial companies; and" 13 in section 29b of the principal act,—amendment of section 29b(a) for the words "housing finance institution", wherever they occur, the words"housing finance institution which is a company" shall be substituted;30(b) in sub-section (1), for the words "national housing bank", the words"reserve bank" shall be substituted;35(c) in sub-section (2), for the words "such higher percentage not exceeding twenty-five per cent, as the national housing bank may", the words "such higher percentage not exceeding twenty-five per cent, as the reserve bank may" shall be substituted;(d) in sub-section (3), the following proviso shall be inserted, namely:—"provided that in the case of submission of return to the national housing bank pursuant to the above provision a copy shall also be furnished to the reserve bank"14 in section 29c of the principal act,—40amendment of section 29c(a) in sub-section (2),—(i) for the words "specified by the national housing bank", the words"specified by the reserve bank" shall be substituted;(ii) for the words "reported to the national housing bank", the words "reported to the national housing bank and the reserve bank" shall be substituted; (b) in sub-section (3), for the words "the national housing bank", the words"the reserve bank" shall be substituted515 for section 30 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 30"30 the reserve bank may, if it considers necessary in the public interest so to do, by general or special order,—10(a) regulate or prohibit the issue by any housing finance institution whichis a company of any prospectus or advertisement soliciting deposits of money from the public; andreserve bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits ofmoney(b) specify the conditions subject to which any such prospectus or advertisement, if not prohibited, may be issued"16 for section 30a of the principal act, the following section shall be substituted, namely:—15substitution of new sectionfor section30a20power of reserve bank to determine policy and issue directions25"30a ( 1) if the reserve bank is satisfied that, in the public interest or to regulate the housing finance system of the country to its advantage or to prevent the affairs of any housing finance institution which is a company being conducted in a manner detrimental to the interest of the depositors or in a manner prejudicial to the interest of such housing finance institutions, it is necessary or expedient so to do, it may determine the policy and give directions to all or any of the housing finance institution which is a company relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balance-sheet items and also relating to deployment of funds by a housing finance institution which is a company or a group of such housing finance institutions or housing finance institutions which are companies generally, as the case may be, and such housing finance institutions shall be bound to follow the policy so determined and the direction so issued30(2) without prejudice to the generality of the powers vested under sub-section(1), the reserve bank may give directions to housing finance institutions which are companies generally or to a group of such housing finance institutions or to any housing finance institution which is a company in particular as to—(a) the purpose for which advances or other fund-based or non-fundbased accommodation may not be made; and35(b) the maximum amount of advances or other financial accommodation orinvestment in shares and other securities which, having regard to the paid-up capital, reserves and deposits of the housing finance institution and other relevant considerations, may be made by that housing finance institution to any person or a company or to a group of companies"4017 for section 31 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 3145"31 (1) the national housing bank may at any time direct that every housing finance institution which is a company accepting deposits shall furnish to the national housing bank in such form, at such intervals and within such time, such statements, information or particulars relating to or connected with deposits received by such housing finance institution, as may be specified by the national housing bank by general or special orderpower to collect information fromhousing finance institutions as to deposits and give directions(2) every housing finance institution which is a company receiving deposits shall submit a copy of the statements, information or particular referred to in subsection (1) also to the reserve bank5(3) without prejudice to the generality of the power vested in the national housing bank under sub-section (1), the statements, information or particulars to be furnished under sub-section (1), may relate to all or any of the following matters, namely, the amount of the deposits, the purposes and periods for which, and the rates of interest and other terms and conditions on which, such deposits are received1015(4) the reserve bank may, if it considers necessary in the public interest so to do, give directions to housing finance institutions which are companies accepting deposits either generally or to any group of such housing finance institutions accepting deposits, and in particular, in respect of any matters relating to, or connected with, the receipt of deposits, including credit rating of the housing finance institution which is a company accepting deposits, the rates of interest payable on such deposits, and the periods for which deposits may be received(5) if any housing finance institution which is a company accepting deposits fails to comply with any direction given under sub-section (4), the national housing bank may prohibit the acceptance of deposits by that housing finance institution20(6) if any housing finance institution which is a company accepting deposit fails to comply with any direction given under sub-section (4), the reserve bank may also prohibit the acceptance of deposit by that housing finance institution25 (7) every housing finance institution which is a company receiving deposits, shall, if so required by the national housing bank and within such time as the national housing bank may specify, cause to be sent at the cost of such housing finance institution, a copy of its annual balance-sheet and profit and loss account or other annual accounts to every person from whom the housing finance institution which is a company holds, as on the last day of the year to which the accounts relate, deposits higher than such sum as may be specified by the national housing bank" 18 for section 32 of the principal act, the following section shall be substituted, namely:—30substitution of new section for section 32"32 every housing finance institution which is a company shall furnish the statements, information or particulars called for, and to comply with any direction given to it, under the provisions of this chapter"duty of housing finance institutions to furnish statements, etc19 in section 33 of the principal act,—a m e n d m e n t of section 3335(a) in sub-section (1),—(i) for the words "housing finance institution" wherever they occur, the words "housing finance institution which is a company" shall be substituted;(ii) after the words "the national housing bank" at both the places where they occur, the words "and the reserve bank " shall be inserted;40(b) in sub-section (1a), for the words "national housing bank", the words"reserve bank" shall be substituted;(c) in sub-section (2), after the words "the national housing bank" at both the places where they occur, the words "and the reserve bank" shall be inserted;45(d) in sub-sections (3) and (4), after the words "the national housing bank", wherever they occur, the words "or the reserve bank, as the case may be,", shall be insertedsubstitution of section 33a20 for section 33a of the principal act, the following section shall be substituted, namely:—5power to prohibit acceptance of deposit andalienation of assets"33a (1) if any housing finance institution which is a company violates the provisions of any section or fails to comply with any direction or order given by the national housing bank or the reserve bank, under any of the provisions of this chapter, the national housing bank or the reserve bank, as the case may be, may prohibit such housing finance institution from accepting any deposit10(2) notwithstanding anything to the contrary contained in any agreement or instrument or any law for the time being in force, the national housing bank on being satisfied that it is necessary so to do in the public interest or in the interest of the depositors, may direct, the housing finance institution which is a company against which an order prohibiting from accepting deposit has been issued, not to sell, transfer, create charge or mortgage or deal in any manner with its property and assets without prior written permission of the national housing bank for such period not exceeding six months from the date of the order"1521 in section 33b of the principal act,—a m e n d m e n t of section 33b(a) in sub-section (1), in clause (c), after the words "the national housing bank", the words "or the reserve bank" shall be inserted;(b) in sub-section (3), after the words "the registrar of companies", the words"and the reserve bank" shall be inserted2022 in section 34 of the principal act,—a m e n d m e n t of section 34(a) for the words "housing finance institution accepting deposits" wherever they occur, the words "housing finance institution which is a company" shall be substituted;25(b) after sub-section (3), the following sub-sections shall be inserted, namely:—"(4) the national housing bank shall submit a copy of the report of inspection referred to in sub-section (1) to the reserve bank30(5) the powers exercisable by the national housing bank under this section may (without prejudice to the exercise of such powers by the national housing bank whenever it considers necessary so to do), be exercised by the reserve bank, and accordingly, sub-sections (1) to (3) shall apply as if every reference therein to the national housing bank included also a reference to the reserve bank"23 in section 35 of the principal act,—a m e n d m e n t of section 3535(a) for the words "on behalf of any housing finance institution", the words "on behalf of any housing finance institution which is a company" shall be substituted;(b) in clause (b), for the words "national housing bank", the words "reserve bank" shall be substituted 24 in section 35a of the principal act,—a m e n d m e n t of section35a40(a) for the words "housing finance institution", wherever they occur, the words"housing finance institution which is a company" shall be substituted;(b) after the words "the national housing bank", wherever they occur, the words "or the reserve bank, as the case may be," shall be inserted 25 for section 35b of the principal act, the following section shall be substituted, namely:—45substitution of new section for section35bpower of reserve bank to exempt any housing finance institution5"35b (1) the reserve bank on being satisfied that it is necessary so to do, may, declare by notification that any or all the provisions of this chapter shall not apply to a housing finance institution which is a company or a group of such housing finance institutions either generally or for such period as may be specified, subject to such conditions, limitations or restrictions as it may think fit to impose(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament"26 in section 36a of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—a m e n d m e n t of section36a101 of 195615"(2) where a housing finance institution which is a company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, the company law board constituted under section 10e of the companies act, 1956, may, if it is satisfied, either on its own motion or on an application of the depositor, that it is necessary so to do, to safeguard the interests of the company, the depositors or in the public interest, direct, by order, such housing finance institution to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order:20provided that the company law board may, before making any order under this sub-section, give a reasonable opportunity of being heard to such housing finance institution and the other persons interested in the matter"a m e n d m e n t of section 36b27 in section 36b of the principal act, for the words "housing finance institution", wherever they occur, the words "housing finance institution which is a company" shall be substituted28 chapter va of the principal act shall be omittedomission of chapter va25a m e n d m e n t of section 3729 in section 37 of the principal act, in sub-section (2), for the words "reserve bank", the words "central government" shall be substituteda m e n d m e n t of section 3830 in section 38 of the principal act, in sub-section (2), for the words "thirtieth day of june, each year", the words "thirty-first day of march, each year" shall be substituted3031 for section 39 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 39 disposal ofsurplus35 "39 after making provision for bad and doubtful debts, depreciation of assets and all other matters for which provision is necessary or expedient or which is usually provided for by the bankers and for the funds referred to in section 37, the national housing bank shall transfer the balance of surplus, in case the central government holds the whole of the issued capital of the national housing bank, to the central government and in other cases, to the central government and any other person holding the issued capital proportionately as may be decided by the board"amendment of section 404032 in section 40 of the principal act, in sub-section (1), for the words "who shall beappointed by the reserve bank, for such term and on such remuneration as the reserve bank may fix", the words "who shall be appointed by the central government in consultation with the reserve bank, for such term and on such remuneration as the central government may fix" shall be substituteda m e n d m e n t of section 414533 in section 41 of the principal act, for the words "the reserve bank" at both theplaces, where they occur, the words "the reserve bank and the central government" shall be substituteda m e n d m e n t of section 4234 section 42 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:—5"(2) for the purpose of ensuring compliance with the provisions of sub-section(1), the national housing bank may require any authority or organisation or institution, engaged in housing activities or the financing thereto, to furnish to it such information or statements or particulars relating to housing as may be specified by the national housing bank(3) every authority or organisation or institution shall furnish the information or statements or particulars called for by the national housing bank and comply with any direction given to it by the national housing bank under this section"a m e n d m e n t of section 441035 in section 44 of the principal act, in sub-section (1), after the words "national housing bank" at both the places, where they occur, the words "or the reserve bank, as the case may be," shall be inserteda m e n d m e n t of section 4636 in section 46 of the principal act, after the words "the national housing bank"wherever they occur, the words "or the reserve bank" shall be inserted37 in section 49 of the principal act,—a m e n d m e n t of section 4915(a) in sub-section (2b), after the words "the national housing bank", the words"or the reserve bank" shall be inserted;(b) in sub-section (2c), for the words "any order made by the authorised officer", the words "any order made by the company law board" shall be substituted;20 (c) in sub-section (3), in clause (aa), after the words "the national housing bank", the words "or the reserve bank" shall be inserted 38 in section 51 of the principal act,—a m e n d m e n t of section 51(a) in sub-section (1),—(i) for the words "the national housing bank, generally", the words "the national housing bank or the reserve bank, generally" shall be substituted;25(ii) for the words "in this behalf by the national housing bank,", the words "in this behalf by the national housing bank or the reserve bank, as the case may be," shall be substituted; (b) in sub-section (2), for the words "of the national housing bank", the words"of the national housing bank or the reserve bank, as the case may be," shall be substituted30a m e n d m e n t of section 5239 in section 52 of the principal act, in clause (b), for the words "housing finance institution" the words "housing finance institution which is a company" shall be substituted40 for section 52a of the principal act, the following section shall be substituted, namely:—substitution of new section for section 52a35power to impose penalty "52a (1) notwithstanding anything contained in section 49, if the contraventionor default of the nature referred to in section 49 is committed by a housing finance institution which is a company, the national housing bank or the reserve bank, as the case may be, may impose on such company— (a) a penalty not exceeding five thousand rupees; or40(b) where the contravention or default is under sub-section (2a) or clause(a) or clause (aa) of sub-section (3) of section 49, a penalty not exceeding fivelakh rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more; and where suchcontravention or default is a continuing one, further penalty which may extend to twenty-five thousand rupees for every day, after the first, during which the contravention or default continues5 (2) for the purpose of imposing penalty under sub-section (1), the national housing bank or the reserve bank, as the case may be, shall serve a notice on the housing finance institution which is a company requiring it 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 also be given to such housing finance institution1015 (3) any penalty imposed by the national housing bank or the reserve bank, as the case may be, under this section shall be payable within a period of thirty days from the date on which notice issued by the national housing bank or the reserve bank, as the case may be, demanding payment of the sum is served on the housing finance institution which is a company and, in the event of failure of such housing finance institution to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office or the head office of such housing finance institution is situated:provided that no such direction shall be made, except on an application made by an officer of the national housing bank or the reserve bank, as the case may be, authorised in this behalf, to the principal civil court20(4) the court which makes a direction under sub-section (3), shall issue a certificate specifying the sum payable by the housing finance institution which is a company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit25(5) no complaint shall be filed against any housing finance institution which is a company in any court of law pertaining to any contravention or default in respect of which any penalty has been imposed by the national housing bank or the reserve bank, as the case may be, under this section30(6) where any complaint has been filed against a housing finance institution which is a company in a court in respect of contravention or default of the nature referred to in section 49, no proceedings for imposition of penalty against such housing finance institutioin shall be taken under this section" 41 section 54a of the principal act shall be omittedomission of section 54a42 in section 55 of the principal act,—amendment of section 55(a) in sub-section (1), the words "the reserve bank and in consultation with"shall be omitted;35(b) in sub-section (2), clauses (f), (fa), (fb), (fc) and (fd) shall be omitteda m e n d m e n t of act 54 of 200243 in section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, in sub-section (1), in clause (m), after subclause (iii), the following sub-clause shall be inserted, namely:—40"(iiia) any housing finance institution which is a company registered under section 29a of the national housing bank act, 1987:provided that any housing finance institution specified, by notification, under sub-clause (iv) of this clause, shall be deemed to be included as a housing finance institution under this sub-clause;" statement of objects and reasonsthe national housing bank act, 1987 (the nhb act) was enacted to establish the national housing bank to operate as a principal agency to promote housing finance institutions both at local and regional levels and to provide financial and other support to such institutions the nhb act was last amended in 2000 to enable the central government to increase the authorised capital of the bank in consultation with the reserve bank of india up to two thousand crore rupees and issue the increased authorised capital to the reserve bank, the central government, scheduled banks, public financial institutions, housing finance institutions or such other institutions as may be approved by the central government in such manner that the institutions owned and controlled by the central government shall hold in aggregate at any time not less than fifty per cent of the issued capital of the national housing bank2 the issued capital of the bank as on date is four hundred fifty crore rupees and is fully subscribed by the reserve bank in order to enable the reserve bank to focus on its regulatory and supervisory functions and to avoid conflict of ownership and regulatory role, it is proposed to transfer the shareholding of the reserve bank in the national housing bank to the central government it is also proposed to provide for transfer of surplus by the national housing bank to the central government in place of the reserve bank consequent upon the transfer of ownership further, it is proposed to confer power upon the central government to increase the authorised capital of the national housing bank to such amount, as may be specified by notification, from time to time3 to ensure uniform control over non-banking financial companies including housing finance companies, the registration and regulation related powers over housing finance companies are proposed to be transferred to the reserve bank the national housing bank will henceforth concentrate on supervision and financing of such institutions4 the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (the said act), was enacted to provide for recovery of the dues of the scheduled banks, public financial institutions and other notified financial institutions the central government has notified number of housing finance institutions which are companies registered under the nhb act as financial institutions under the said act it is proposed to amend the said act as to make a provision to cover all the housing finance institutions which are companies registered under the nhb act for the purposes of the said act to provide them level playing field5 in the light of the experience gained in the operations of the national housing bank, it is felt necessary to make certain amendment in the nhb act for the smooth working of the national housing bank and to authorise it to undertake certain other business of financing non-banking financial companies for their housing activities, for securitisation of loans and advances and to promote mortgage guarantee companies, credit information companies, etc6 the national housing bank (amendment) bill, 2012 inter alia, provide for—(a) insertion of new sections 4a and 4b in the nhb act to enable the transfer of the issued capital subscribed by the reserve bank to the central government as mentioned in paragraph 2 above and payment by the central government to the reserve bank an amount equal to the face value of the said subscribed capital;(b) amendment of section 6 of the nhb act for the purpose of nomination of one director by the reserve bank instead of two directors and to dispense with the requirement of consultation with the reserve bank in appointment of the directors other than the chairman and the managing director;(c) amendment of section 14 of the nhb act, to insert the expression "nonbanking financial companies" in clause (b) thereof so as to extend refinancing facilities to these companies; define the expression "housing activities" and in clause (f) insert the expressions "including mortgage guarantee companies, securitisation companies, reconstruction companies and credit information companies" so as to enable the national housing bank to do business in relation to such companies;(d) conferring of powers relating to registration, maintenance of certain percentage of assets in liquid assets, creation of a reserve fund, regulate or prohibit issue of prospectus or advertisement, to determine policy and issue direction under sections 29a, 29b, 29c, 30 and 30a of the nhb act upon the reserve bank in place of the national housing bank;(e) conferring of powers, relating to, power and duties of auditors of housing finance companies, to prohibit acceptance of deposit and alienation of assets, inspection of housing finance companies and impose penalties under sections 33, 33a, 34 and 52a of the nhb act, upon the reserve bank in addition to the national housing bank;(f) confer powers upon the company law board constituted under section 10eof the companies act, 1956 to direct housing finance institution to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order;(g) omission of chapter va relating to reovery of dues of the approved institutions consequent upon the proposed amendments in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;(h) to enable the board of the national housing bank to cause the books and accounts of the national housing bank to be balanced and closed as on the thirty-first day of march of each year in place of thirtieth day of june of each year;(i) insertion of new sub-clause (iiia) in clause (m) of sub-section (1) of section 2of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 so as to extend the provisions of the said act to any housing finance institution which is a company and is registered under the nhb act 7 the notes on clauses explain in detail the various provisions of the bill 8 the bill seeks to achieve the aforesaid objects new delhi;pranab mukherjeethe 9th april, 2012 ———— president's recommendation under article 117 of the constitution of india ————[copy of do no 24/11/2011-if-ii dated 13 april, 2012 from shri pranab mukherjee, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the national housing bank (amendment) bill, 2012, has recommended the introduction of the bill in lok sabha under clause (1) of article 117 of the constitution of india notes on clausesclause 1 - this clause provides for the short title and commencement of the bill clause 2 - this clause seeks to define the expression "company" occurring in the bill this clause also seeks to amend the definition of the expression "housisng finance institution" occurring in the national housing bank act, 1987 (the act) to cover such housing finance institutions which partly transacts the business of housing finance and has one of its principal objects the transacting of business of providing finance for housingclause 3 - this clause seeks to amend section 3 of the act relating to establishment and incorporation of the national housing bank it is proposed to amend sub-section (3) of section 3 so as to reflect the change of name of bombay to mumbai and also provide that the head office of the bank shall be at such other place as the central government, by notification, may specifyclause 4 - this clause seeks to amend section 4 of the act relating to capital of the national housing bank under the existing provision the central government in consultation with the reserve bank is authorised to increase the authorised capital of the national housing bank up to two thousand crores rupees it is proposed to substitute proviso to subsection (1) of section 4 of the act to provide that the central government may, by notification, increase the authorised capital to such amount as may be specified in the notification, from time to timeclause 5 - this clause seeks to insert new section 4a relating to transfer of capital to central government and a new section 4b relating to payment of amount to the reserve bankthe proposed new section 4a provides transfer and vesting of the issued capital of the national housing bank of the face value of four hundred fifty crore rupees in the central government from the commencement of the proposed legislationthe proposed new section 4b provides for payment in cash by the central government to reserve bank of an amount equal to the face value of the subscribed capital of the national housing bank consequent upon the transfer and vesting of such capital in the central government in terms of provision of new section 4aclause 6 - this clause seeks to amend section 6 of the act relating to composition of the borad of directorsthe existing provisions contained in clause (d) of sub-section (1) of section 6 of the act, provides for two directors from out of the directors of the reserve bank nominated on the board of the national housing bank it is proposed that there shall be one director to be nominated by the reserve bank on the board of the national housing bank and such director need to be a director of the reserve bankin terms of the existing provision contained in sub-section (2) of section 6 of the act, the chairman and the managing director and the other directors (excluding the elected director and nominated director) are required to be appointed by the central government in consultation with the reserve bank it is proposed to amend sub-section (2) of section 6 to provide that the director other than the nominated and elected director shall be appointed by the central government and the chairman and the managing director shall be appointed by the central government in consultation with the reserve bankclause 7—this clause seeks to amend section 7 of the act relating to terms and conditions of appointment of chairman and managing director and other directors the existing provision contained in sub-section (5) of the act provides that the directors shall be paid prescribed fee for attending the meeting of the board or its committees there is no such fee payable to a director who is an official of the government or a director of the reserve bank it is proposed that no such fees shall be payable to the official of the reserve bankclause 8—this clause seeks to amend section 14 of the act relating to the business of the national housing bankclause (b) of this section is proposed to be amended to insert "non-banking financial companies" to enable the national housing bank to give refinance to such companies against their loans for housing activities it is also proposed to insert an explanation in clause (b) to define the expression "housing activities" to include acquisition, construction, reconstruction, purchase, repair or renewal of a residential house and all off site and on site housing related activities or incidental theretoclause (ea) of section 14 enables the national housing bank to buy or sell mortgages of housing finance institutions or banks it is proposed to amend the clause to buy or sell such mortgages of any institutionclause (f) of section 14 is also proposed to be amended to enable the national housing bank promote mortgage guarantee companies, securitisation companies, reconstruction companies and credit information companiesclause (k) of section 14 of the act providing for the power, of the national housing bank to give guidelines to the housing finance institutions to ensure their growth on sound lines is proposed to be omitted consequent to the proposed transfer of powers of regulation of such institutions to the reserve bankclause 9—this clause seeks to amend section 16 of the act relating to borrowings by the national housing bank in foreign currency it is proposed to amend sub-section (1) of section 16 of the act so as to substitute the reference of "the foreign exchange management act, 1999" in place of "the foreign exchange regulation act, 1973"clause 10—this clause seeks to amend section 16b of the act relating to holding of amount and security in trust by the institutions borrowing from the national housing bank it is proposed to amend sub-section (1) of this section to enable such institutions repay the amount borrowed by them from the national housing bank in accordance with the repayment schedule fixed by the said bankit is also proposed to insert a new sub-section (3) to this section to provide that the amount received by the borrowing institution or the liquidator against the refinanced loans shall be passed on to the national housing bank further, the national housing bank shall be entitled to enforce the securities held by the borrowing institution in trust for it and the liquidator shall pass on such securities and contracts to the national housing bankclause 11—this clause seeks to amend the heading of chapter v to reflect that the chapter applies to housing finance institutions which are companiesclause 12—this clause seeks to amend section 29a of the act relating to requirement of registration and net owned fund of housing finance companies it is proposed to confer powers relating to registration of housing finance companies which hitherto vested in the national housing bank to the reserve bankthe existing clause (b) of sub-section (1) of section 29a of the act provides for the requirement of net owned fund to twenty-five lakh rupees and confers powers on the national housing bank to specify such other higher amount as it may deem fit it is proposed to confer such powers to the reserve banksub-section (2) of section 29a is proposed to be amended to confer powers upon the reserve bank for registration of housing finance companies it is proposed to provide that the application pending with the national housing bank on the appointed date shall be transferred to the reserve bank and the registration granted by the national housing bank before the commencement of the proposed legislation shall be deemed to have been granted under the new provision and such companies need not apply again to the reserve banksub-section (3) providing for fulfilment of the requirement of net owned fund by the companies in existence on the commencement of national housing bank (amendment) act, 2000 within certain specified time is proposed to be omitted as the maximum period provided under that provision has already lapsedconsequential changes are proposed in sub-sections (4), (5), (6) and (7) to substitute the reserve bank in place of the national housing bank as to enable the reserve bank to grant or cancel the certificate of registration of the housing finance companiesit is also proposed to amend the definition of "net owned fund" as contained in explanation to section 29a by providing that the net owned fund shall be calculated by reducing therefrom the amounts representing the investment of such institution in the shares of all other non-banking financial companies as against the existing provision providing for reduction in all othere housing finance institutions which are companiesclause 13—this clause seeks to amend section 29b of the act relating to maintenance of certain percentage of assets in liquid assets by housing finance companies accepting deposits it provides that higher percentage of investment in liquid assets shall now be prescribed by the reserve bank instead of the national housing bank a proviso is also proposed to be inserted to sub-section (3) to provide for furnishing of a copy of the return by the housing finance companies to the reserve bank these amendments are consequent upon the transfer of regulatory powers to the reserve bank while continuing supervision with the national housing bankclause 14—this clause seeks to amend section 29c of the act relating to certain of a reserve fund by the housing finance companies and transferring certain specified sum out of its profits to such fund every year it is proposed to amend sub-section (2) of this section to provide that the purpose for which such fund can be appropriated shall be specified by the reserve bank and such appropriation shall also be reported to that bank consequential changes are also proposed in sub-section (3) of this sectionclause 15—this clause seeks to substitute section 30 of the act relating to powers of the national housing bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of money to confer such powers on the reserve bankclause 16—this clause seeks to substitute section 30a of the act relating to powers of the national housing bank to determine policy and issue directions to confer such powers on the reserver bankclause 17—this clause seeks to substitute section 31 of the act relating to power of the national housing bank to collect information from housing finance institutions as to deposits and give directions it is proposed to provide that a copy of the statement, information or particulars furnished to the national housing bank shall also be submitted to the reserve bank sub-clause (4) makes provision to confer powers on the reserve bank to give directions to the housing finance companies relating to or connected with the receipt of deposits subclauses (5) and (6) makes provisions to confer powers on the national housing bank and the reserve bank to prohibit acceptance of deposits by a housing finance companies if it fails to comply with the direction given by the reserve bank sub-clause (7) makes provision to confer powers on the national housing bank to direct a housing finance company to supply copy of its annual statements to its depositors in certain circumstancesclause 18—this clause seeks to substitute section 32 of the act relating to duty of housing finance institutions to furnish statements, etc, required by national housing bank it is proposed to provide that every housing finance company shall furnish the statements, information or particulars called for and to comply with any direction given to it under the provisions of this chapter and to do away with the requirement of framing of regulation for calling of such informationclause 19—this clause seeks to substitute section 33 of the act relating to power and duties of auditors of housing finance companies it is proposed to amend subsection (1) of this section to provide that the auditors of the housing finance companies shall also enquire from such companies as to whether they have furnished the required information also to the reserve bank in addition to the national housing bank and if not shall also make a report to the reserve bank it is further proposed to amend sub-section (1a) to confer powers on the reserve bank to give directions to the auditors of the housing finance companies in relation to balance sheet, profit and loss account, etc it is also proposed to amend sub-section (2) to provide that the report to be made to the reserve bank shall also be included in the report to be made under sub-section (2) of section 227 of the companies act, 1956 it is also proposed to amend sub-sections (3) and (4) to confer power upon the reserve bank to order special audit in certain circumstances and fix the remuneration of such auditorsclause 20—this clause seeks to substitute section 33a of the act relating to power of the national housing bank to prohibit acceptance of deposit and alienation of assets it is proposed to confer such powers also on to the reserve bank consequent to tranfer of regulation to the reserve bank it provides for exercise of powers by the reserve bank and the national housing bank to prohibit acceptance of deposits by housing finance companies in certain circumstances it further provides to confer powers upon the national housing bank to prohibit alienation of assets by housing finance companies for a period of six months from the date of prohibitory orderclause 21—this clause seeks to amend section 33b of the act relating to winding of housing finance companies clause (c) of sub-section (1) of this section provides for filing of application for winding up by the national housing bank where that bank is satisfied that the housing finance company has been prohibited by the national housing bank from receiving deposits by an order and such order has been in force for a period of not less than three months it is proposed to amend this provision to include such orders may also be passed by the reserve bank the existing provision of sub-section (3) requires the national housing bank to send a copy of the application for winding up made by it also to the registrar of companies it is proposed to amend this sub-section to provide that a copy of such application shall also be made to the reserve bankclause 22—this clause seeks to amend section 34 of the act relating to inspection of housing finance companies the existing provision of this section confers powers of inspection only in respect of companies accepting deposits it is proposed to amend this section to confer powers relating to inspection of all the housing finance companiesit is further proposed to insert new sub-sections (4) and (5) to this section to provide that a copy of the report of inspection shall be submitted by the national housing bank to the reserve bank and the powers of inspection referred to in this section exercisable by the national housing bank can also be exercised by the reserve bank, where it consider necessary to do soclause 23—this clause seeks to amend section 35 of the act providing that the deposits not to be solicited by unauthorised persons it is proposed to amend this provision so as to clarify that the same applies to the housing finance institutions which are companies and the prospectus or advertisement made by the companies complies with the orders made by the reserve bank and is consequential to the amendment of section 30 of the actclause 24—this clause seeks to amend section 35a of the act relating to disclosure of the information it is proposed to amend this provision to clarify that the same applies to the information collected from housing finance institutions which are companies it is further proposed to apply the provision of the section to information furnished to the reserve bank in addition to the national housing bankclause 25—this clause seeks to substitute section 35b of the act relating to power of the national housing bank to exempt any housing finance institution from the applicability of chapter v it is proposed to confer such power on the reserve bank consequent to tranfer of regulatory powers to that bank it is also proposed to provide that every order made under this section shall be laid before each house of parliamentclause 26—this clause seeks to amend section 36a of the act relating to power to order repayment of deposits the existing provision of sub-section (2) of this section confers powers on the officers of the national housing bank authorised by the central government for this purpose to order such repayment where the housing finance companies have failed to do so it is proposed to substitute sub-section (2) of this section to confer such powers on the company law board as in the case of the depositors of the non-banking financial companies referred to in the reserve bank of india act, 1934clause 27—this clause seeks to amend section 36b of theact relating to nomination by the depositors it is proposed to amend this section to clarify that the same applies to the depositors of housing finance institutions which are companiesclause 28—this clause seeks to omit chapter va of the act containing special provisions for recovery of over dues of the approved institutionsclause 29—this clause seeks to amend section 37 of the act relating to establishment of general fund and other funds by the national housing bank the existing provision of sub-section (2) of this section provides for creation of a special fund or a reserve fund also on the direction of the reserve bank it is proposed to amend this section to make provisions for creation of such fund on the direction of the central governmentclause 30—this clause seeks to amend sub-section (2) of section 38 so as to change the present annual closing date of books of accounts as march 31st each year in place of june 30th each yearclause 31—this clause seeks to substitute section 39 of the act relating to disposal of surplus it is proposed to provide that the surplus shall be transferred to the central government in case it holds the whole of the issued capital of the national housing bank and in other cases to the central government and any other person holding the issued capital proportionately as may be decided by the boardclause 32—this clause seeks to amend section 40 of the act to provide for appointment of the auditors of the national housing bank by the central government in consultation with the reserve bank instead of appointment by the reserve bankclause 33—this clause seeks to amend section 41 of the act to provide furnishing of the return also to the central government in addition to the reserve bankclause 34—this clause seeks to amend section 42 of the act relating to preparation of the annual report on housing by the national housing bank it is proposed to insert new sub-sections (2) and (3) to this section to enable the national housing bank to call for any information relating to housing from any institution or organisation and to provide that it shall be duty of such institution to furnish such informationclause 35—this clause seeks to amend section 44 of the act to apply the obligation relating to fidelity and secrecy also to the reserve bankclause 36—this clause seeks to amend section 46 of the act to extend the protection in respect of action taken under this act also to the reserve bankclause 37—this clause seeks to amend section 49 of the act relating to penaltiessub-section (2b) is proposed to be amended consequent to the amendment of section 33 sub-section (2c) is proposed to be amended consequent to the amendment of section 36a sub-section (3) is proposed to be amended consequent to the amendment of section 33aclause 38—this clause seeks to amend section 51 of the act relating to cognizance of offences it is proposed to include the application to be made by the officers authorised by the reserve bank it is further proposed to provide that the magistrate may dispense with the personal attendance of the officers of the reserve bank as in the case of the national housing bankclause 39—this clause seeks to amend section 52 of the act relating to application of fine it is proposed to amend this section to clarify that the same applies to the housing finance institution which is a companyclause 40—this clause seeks to substitute section 52a of the act relating to imposition of penalty it is proposed to confer powers upon the reserve bank and the national housing bank to impose monetary penaltiesclause 41—this clause seeks to omit section 54a of the act and is consequent to the proposed omission of chapter va of the actclause 42—this clause seeks to amend section 55 of the act relating to the powers of the board to make regulations it is proposed to provide for making of regulations with the previous approval of the central government instead of previous approval of the reserve bank and in consultation of the central government it is further proposed to omit clause (f) of sub-section (2) consequent to modification of section 32 further, it is also proposed to omit clauses (fa), (fb), (fc) and (fd) consequent to omission of chapter vaclause 43—this clause seeks to amend section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 and to insert in sub-section (1) in clause (m) any housing finance institution which is a company registered under section 29a of the national housing bank act, 1987 to cover such institution for the purposes of the said act financial memorandumclause 5 of the bill proposes to insert new sections 4a and 4b which provides for transfer and vesting of capital of the national housing bank to the central government and payment by the central government to the reserve bank an amount equal to the face value of the subscribed capital of the national housing bank2 the face value of the subscribed capital of the national housing bank as on date is four hundred fifty crores rupees which is required to be paid by the central government to the reserve bank of india if the proposed legislations is enacted and brought into force3 the bill does not involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 4 of the bill seeks to substitute the proviso to section 4 of the national housing bank act, 1987 (the said act) to enable the central government to increase the authorised capital to such amount as may be specified in the notification from time to time2 clause 12 of the bill seeks to amend section 29a of the act which provides that the net owned fund of a housing finance company shall be two hundred lakhs rupees and empowers the reserve bank to specify higher amount from time to time3 clause 13 of the bill seeks to amend section 29b of the act which requires a housing finance company to maintain certain percentage of its assets in unencumbered securities and specified term deposits the proposed amendment confers power upon the reserve bank to increase, by notification, the limit of such investments4 clause 25 of the bill seeks to substitute section 35b which empowers the reserve bank to exempt, by notification, any housing finance company from the provision of chapter v of the act it further provides that every such order shall be laid before each house of parliament5 the matters in respect of which notification may be issued are generally matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative powers is, therefore, of a normal character annexure extracts from the national housing bank act, 1987 (53 of 1987) definitions2 in this act, unless the context otherwise requires,— (d) ''housing finance institution" includes every institution, whether incorporated or not, which primarily transacts or has as one of its principal objects, the transacting of the business of providing finance for housing, whether directly or indirectly; chapter ii establishment of the national housing bank and capital thereof3 (1) (3) the head office of the national housing bank shall be at bombay or at such other place as the reserve bank may, by notification, specifyestablishment and incorporation of national housing bank capital4 (1) the authorised and paid-up capital of the national housing bank shall be three hundred and fifty crores of rupees: provided that the central government may, in consultation with the reserve bank, by notification, increase the authorised capital up to two thousand crores of rupees board of directors6 (1) the board of directors of the national housing bank shall consist of the following, namely:— (d) two directors from out of the directors of the reserve bank; (2) the chairman, the managing director and other directors excluding the directors referred to in clauses (ca) and (d), shall be appointed by the central government in consultation with the reserve bank and directors referred to in clause (d) shall be nominated by the reserve bank7 (1) (5) the directors shall be paid such fees and allowances as may be prescribed for attending the meetings of the board or of any of its committees and for attending to any other work of the national housing bank:provided that no such fee shall be payable to any director, who is an official of the government or a director of the reserve bankterm of office of chairman, managing director and other directors, service conditions, etc chapter iv business of the national housing bank14 subject to the provisions of this act, the national housing bank may transact all or any of the following kinds of business, namely:—business of the national housing bank (b) making of loans and advances or rendering any other form of financial assistance whatsoever for housing activities to housing finance institutions, scheduled banks, state co-operative agricultural and rural development banks or any other institution or class of institutions as may be notified by the central government; (ea) buying, selling or otherwise dealing in any loans or advances secured by mortgage or charge of the immovable property relating to scheduled banks or housing finance institutions; (f) promoting, forming, conducting or associating in the promotion, formation or conduct of companies, mortgage banks, subsidiaries, societies, trusts or such other association of persons as it may deem fit for carrying out all or any of its functions under this act; (k) providing guidelines to the housing finance institutions to ensure their growth on sound lines; loans in foreign currency46 of 197316 (1) notwithstanding anything contained in the foreign exchange regulation act,1973 or in any other law for the time being in force relating to foreign exchange, the national housing bank may, for the purpose of making loans and advances under this act, borrow in such manner and on such conditions as may be prescribed in consultation with the reserve bank and with the previous approval of the central government, foreign currency from any bank or financial institution in india or elsewhere| | | | | ||------|------|------|------|-----|amount and security to be held in trust16b (1) any sums received by a borrowing institution in repayment or realisation of loans and advances financed or refinanced either wholly or partly by the national housing bank shall, to the extent of the accommodation granted by the national housing bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the national housing bank, and shall accordingly be paid by such institution to the national housing bank| | | | | ||------|------|------|------|-----| chapter v provisions relating to housing finance institutions receiving deposits 29a (1) notwithstanding anything contained in this chapter or in any other law for the time being in force, no housing finance institution which is a company shall commence or carry on the business of a housing finance institution without—requirement of registration and net owned fund (b) having the net owned fund of twenty-five lakh rupees or such other higher amount, as the national housing bank may, by notification, specify(2) every such housing finance institution shall make an application for registration to the national housing bank in such form as may be specified by the national housing bank: 15 of 2000provided that a housing finance institution which is a company in existence on thecommencement of the national housing bank (amendment) act, 2000, shall make an application for registration to the national housing bank before the expiry of six months from such commencement and notwithstanding anything contained in sub-section (1), maycontinue to carry on the business of housing finance institution until a certificate of registration is issued to it or rejection of application for registration is communicated to it 15 of 2000(3) notwithstanding anything contained in sub-section (1), a housing financeinstitution which is a company in existence on the commencement of the national housing bank (amendment) act, 2000, and having a net owned fund of less than twenty-five lakh rupees, may, for the purpose of enabling such institution to fulfil the requirement of the net owned fund, continue to carry on the business of a housing finance institution— (i) for a period of three years from such commencement; or (ii) for such further period as the national housing bank may, after recordingthe reasons in writing for so doing, extend,subject to the conditions that such institution shall, within three months of fulfilling the requirement of the net owned fund, inform the national housing bank about such fulfilment: provided that the period allowed to continue business under this sub-section shall in no case exceed six years in the aggregate(4) the national housing bank, for the purpose of considering the application for registration, may require to be satisfied by an inspection of the books of such housing finance institution or otherwise that the following conditions are fulfilled:—(a) that housing finance institution is or shall be in a position to pay its present or future depositors in full as and when their claims accrue;(b) that the affairs of the housing finance institution are not being or are not likely to be conducted in a manner detrimental to the interest of its present or future depositors;(c) that the general character of the management or the proposed management of the housing finance institution shall not be prejudicial to the public interest or the interests of its depositors;(d) that the housing finance institution has adequate capital structure and earning prospects;(e) that the public interest shall be served by the grant of certificate of registration to the housing finance institution to commence or to carry on the business in india;(f) that the grant of certificate of registration shall not be prejudicial to the operation and growth of the housing finance sector of the country; and(g) any other condition, fulfilment of which in the opinion of the national housing bank, shall be necessary to ensure that the commencement of or carrying on the business in india by a housing finance institution shall not be prejudicial to the public interest or in the interests of the depositors (5) the national housing bank may, after being satisfied that the conditions specified in sub-section (4) are fulfilled, grant a certificate of registration subject to such conditions which it may consider fit to impose(6) the national housing bank may cancel a certificate of registration granted to a housing finance institution under this section if such institution— (iv) fails— (a) to comply with any direction issued by the national housing bank under the provisions of this chapter; or(b) to maintain accounts in accordance with the requirement of any law or any direction or order issued by the national housing bank under the provisions of this chapter; or(c) to submit or offer for inspection its books of account and other relevant documents when so demanded by an inspecting authority of the national housing bank; or (v) has been prohibited from accepting deposit by an order made by the national housing bank under the provisions of this chapter and such order has been in force for a period of not less than three months: provided that before cancelling a certificate of registration on the ground that the housing finance institution has failed to comply with the provisions of clause (ii) or has failed to fulfil any of the conditions referred to in clauses (a) to (g) of sub- section (4), the national housing bank, unless it is of the opinion that the delay in cancelling the certificate of registration shall be prejudicial to public interest or the interest of the depositors or the housing finance institution, shall give an opportunity to such institution on such terms as the national housing bank may specify for taking necessary steps to comply with such provision or fulfilment of such condition:provided further that before making any order of cancellation of certificate of registration, such institution shall be given a reasonable opportunity of being heard(7) a housing finance institution aggrieved by the order or rejection of application for registration or cancellation of certificate of registration may prefer an appeal, within a period of thirty days from the date on which such order of rejection or cancellation is communicated to it, to the central government and the decision of the central government where an appeal has been preferred to it, or of the national housing bank where no appeal has been preferred, shall be final:provided that before making any order of rejection of appeal, such institution shall be given a reasonable opportunity of being heardexplanation—for the purposes of this section,—(i) ''net owned fund" means— (b) further reduced by the amounts representing—(1) investments of such institution in shares of— (iii) all other housing finance institutions which are companies;and maintenance of percentage of assets29b (1) every housing finance institution shall invest and continue to invest in india in unencumbered approved securities, valued at a price not exceeding the current market price of such securities, an amount which, at the close of business on any day, shall not be less than five per cent or such higher percentage not exceeding twenty-five per cent as the national housing bank may, from time to time and by notification, specify, of the deposits outstanding at the close of business on the last working day of the second preceding quarter(2) every housing finance institution shall maintain in india in an account with a scheduled bank in term deposits or certificate of deposits (free of charge or lien) or in deposits with the national housing bank or by way of subscription to the bonds issued by the national housing bank, or partly in such account or in such deposit or partly by way of such subscription, a sum which, at the close of business on any day, together with the investment made under sub-section (1) shall not be less than ten per cent or such higher percentage not exceeding twenty-five per cent, as the national housing bank may, from time to time and by notification specify, of the deposits outstanding in the books of the housing finance institution at the close of business on the last working day of the second preceding quarter(3) for the purpose of ensuring compliance with the provisions of this section, the national housing bank may require every such housing finance institution to furnish a return to it in such form, in such a manner and for such period as may be specified by the national housing bank(4) if the amount invested by a housing finance institution at the close of business on any day is less than the rate specified under sub-section (1) or sub-section (2), such housing finance institution shall be liable to pay to the national housing bank, in respect of such shortfall, a penal interest at a rate of three per cent per annum above the bank rate on such amount by which the amount actually maintained or invested falls short of the specified percentage, and where the shortfall continues in the subsequent quarters, the rate of penal interest shall be five per cent per annum above the bank rate on such shortfall for each subsequent quarter(5) (a) the penal interest payable under sub-section (4) shall be payable within a period of fourteen days from the date on which a notice issued by the national housing bank demanding payment of the same is served on the housing finance institution and, in the event of a failure of the housing finance institution to pay the same within such period, may be levied by a direction of the principal civil court having jurisdiction in the area where an office of the defaulting housing finance institution is situated and such direction shall be made only upon and application made in this behalf to the court by the national housing bank; and(b) when the court makes a direction under clause (a), it shall issue a certificate specifying the sum payable by the housing finance institution and every such certificate shall be enforceable in the manner as if it were a decree made by the court in a suit(6) notwithstanding anything contained in this section, if the national housing bank is satisfied that the defaulting housing finance institution had sufficient cause for its failure to comply with the provisions of sub-section (1) or sub-section (2), it may not demand the payment of the penal interestexplanation— for the purposes of this section,— (i) "approved securities" means securities of any state government or of the central government and such bonds, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by any such government; (ii) "unencumbered approved securities" includes the approved securities lodged by the housing finance institution with another institution for an advance or any other arrangement to the extent to which such securities have not been drawn against or availed of or encumbered in any manner;(iii) "quarter" means the period of three months ending on the last day of march, june, september or decemberreserve fund29c (1) (2) no appropriation of any sum from the reserve fund including any sum in the special reserve which has been taken into account for the purposes of reserve fund in terms of sub-section (1), shall be made by such housing finance institution except for the purpose as may be specified by the national housing bank from time to time and every such appropriation shall be reported to the national housing bank within twenty-one days from the date of such withdrawal: provided that the national housing bank may, in any particular case and for sufficient cause being shown, extend the period of twenty-one days by such further period as it thinks fit or condone any delay in making such report(3) notwithstanding anything contained in sub-section (1), the central government may, on the recommendation of the national housing bank and having regard to the adequacy of the paid-up capital and reserves of a housing finance institution which is a company in relation to its deposit liabilities, declare by order in writing that the provisions of subsection (1) shall not be applicable to such housing finance institution for such period as may be specified in the order:provided that no such order shall be made unless the amount in the reserve fund under sub-section (1), together with the amount in the share premium account, is not less than the paid-up capital of the housing finance institution30 the national housing bank may, if it considers necessary in the public interest so to do, by general or special order,—(a) regulate or prohibit the issue by any housing finance institution of any prospectus or advertisement soliciting deposit of money from the public; and(b) specify the conditions subject to which any such prospectus or advertisement, if not prohibited, may be issuednational housing bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of moneypower of the national housing bank to determine policy and issue directions30a (1) if the national housing bank is satisfied that, in the public interest or to regulate the housing finance system of the country to its advantage or to prevent the affairs of any housing finance institution being conducted in a manner detrimental to the interest of the depositors or in a manner prejudicial to the interest of the housing finance institutions, it is necessary or expedient so to do, it may subject to the provisions of sub-section (5) of section 5, determine the policy and give directions to all or any of the housing finance institution relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balance-sheet items and also relating to deployment of funds by a housing finance institution or a group of housing finance institutions or housing finance institutions generally, as the case may be, and such housing finance institutions shall be bound to follow the policy so determined and the direction so issued(2) without prejudice to the generality of the powers vested under sub-section (1), the national housing bank may give directions to housing finance institutions generally or to a group of housing finance institutions or to any housing finance institution in particular as to —(a) the purpose for which advances or other fund-based or non-fund-based accommodation may not be made; and(b) the maximum amount of advances or other financial accommodation or investment in shares and other securities which, having regard to the paid-up capital, reserves and deposits of the housing finance institution and other relevant considerations, may be made by that housing finance institution to any person or a company or to a group of companies31 (1) the national housing bank may at any time direct that every housing finance institution accepting deposits shall furnish to the national housing bank in such form, at such intervals and within such time, such statements, information or particulars relating to or connected with deposits received by the housing finance institution, as may be specified by the national housing bank by general or special orderpower of national housing bank to collect information from housing finance institutions as to deposits and to give directions(2) without prejudice to the generality of the power vested in the national housing bank under sub-section (1), the statements, information or particulars to be furnished under sub-section (1), may relate to all or any of the following matters, namely, the amount of the deposits, the purposes and periods for which, and the rates of interest and other terms and conditions on which, such deposits are received(3) the national housing bank may, if it considers necessary in the public interest so to do, give directions to housing finance institutions accepting deposits either generally or to any group of housing finance institutions accepting deposits, and in particular, in respect of any matters relating to, or connected with, the receipt of deposits, including credit rating of the housing finance institution accepting deposits, the rates of interest payable on such deposits, and the periods for which deposits may be received(4) if any housing finance institution accepting deposits fails to comply with any direction given by the national housing bank, under sub-section (3), the national housing bank may prohibit the acceptance of deposits by that housing finance institution(5) every housing finance institution receiving deposits, shall, if so required by the national housing bank and within such time as the national housing bank may specify, cause to be sent at the cost of the housing finance institution, a copy of its annual balancesheet and profit and loss account or other annual accounts to every person from whom the housing finance institution holds, as on the last day of the year to which the accounts relate, deposits higher than such sum as may be specified by the national housing bank32 every housing finance institution shall furnish the statements, information or particulars called for, in such form as may be prescribed and to comply with any direction given to it, under the provisions of this chapterduty of housing finance institutions tofurnish statements, etc, required by national housing bankpowers and duties of auditors33 (1) the auditor of every housing finance institution shall enquire whether or not the housing finance institution has furnished to the national housing bank such statements, information or particulars relating to or connected with deposits received by it, as are required to be furnished under this chapter, and the auditor shall, except where he is satisfied on such enquiry that the housing finance institution has furnished such statements, information or particulars, make a report to the national housing bank giving the aggregate amount of such deposits held by the housing finance institution (1a) the national housing bank may, on being satisfied that it is necessary so to do, in the public interest or in the interest of the depositors or for the purpose of proper assessment of the books of account, issue directions to any housing finance institution or any group of housing finance institutions or housing finance companies generally or to the auditors of such housing finance institution or institutions relating to balance-sheet, profit and loss account, disclosure of liabilities in the books of account or any matter relating thereto1 of 1956(2) where, in the case of a housing finance institution, being a company, the auditor has made, or intends to make a report to the national housing bank under sub-section (1), he shall include in his report under sub-section (2) of section 227 of the companies act,1956, the contents of the report which he has made, or intends to make, to the national housing bank(3) where the national housing bank is of the opinion that it is necessary so to do in the public interest or in the interest of the housing finance institution or in the interest of the depositors of such institution, it may at any time by order, direct that a special audit of the accounts of the housing finance institution in relation to any such transaction or class of transactions or for such period or periods, as may be specified in the order, shall be conducted and the national housing bank may appoint an auditor or auditors to conduct such special audit and direct the auditor or the auditors to submit the report to it(4) the remuneration of the auditors as may be fixed by the national housing bank, having regard to the nature and volume of work involved in the audit and the expenses of or incidental to the audit, shall be borne by the housing finance institution so audited33a (1) if any housing finance institution violates the provisions of any section or fails to comply with any direction or order given by the national housing bank under any of the provisions of this chapter, the national housing bank may prohibit the housing finance institution from accepting any depositpower of national housing bank to prohibit acceptance of deposit and alienation of assets(2) notwithstanding anything to the contrary contained in any agreement or instrument or any law for the time being in force, the national housing bank on being satisfied that it is necessary so to do in the public interest or in the interest of the depositors, may direct, the housing finance institution against which an order prohibiting from accepting deposit has been issued, not to sell, transfer, create charge or mortgage or deal in any manner with its property and assets without prior written permission of the national housing bank for such period not exceeding six months from the date of the order33b (1) the national housing bank, on being satisfied that a housing finance institution which is a company,—| ||----------------|| power of na- || tional housing || bank to file || winding up pe- || tition |(c) has been prohibited by the national housing bank from receiving deposit by an order and such order has been in force for a period of not less than three months; or| | | | | ||------|------|------|------|-----|(3) a copy of every application made by the national housing bank under subsection (1) shall be sent to the registrar of companies| | | ||--------------------------------------------------------------------------------------------------|------|----------------------------------------------------------------------------|| inspection | | || 34 | (1) | the national housing bank may, at any time, cause an inspection to be made || by one or more of its officers or employees or other persons (hereafter in this section referred | | || to as the inspecting authority) of any housing finance institution accepting deposits, for the | | || purpose of verifying the correctness or completeness of any statement, information or | | || particulars furnished to the national housing bank or for the purpose of obtaining any | | || information or particulars which the housing finance institution has failed to furnish on | | || being called upon to do so | | |(2) it shall be the duty of every director or member of any committee or other body or any person for the time being vested with the management of the whole or part of the affairs of every housing finance institution accepting deposits or other officer or employee thereof to produce to the inspecting authority all such books, accounts and other documents in his custody or power and to furnish that authority with any statement and information relating to the business of the institution as that authority may require of him, within such time as may be specified by that authority(3) the inspecting authority may examine on oath any director or member of any committee or body or any other person for the time being vested with the management of the affairs of the housing finance institution accepting deposits, or any officer or employee thereof, in relation to its business35 no person shall solicit on behalf of any housing finance institution either by publishing or causing to be published any prospectus or advertisement or in any other manner deposits of money from the public unless—deposits not to be solicited by unauthorised persons(a) he has been authorised in writing by the said housing finance institution to do so and specifies the name of the institution which has so authorised him; and(b) the prospectus or advertisement complies with any order made by the national housing bank under section 30 and with any other provision of law for the time being in force applicable to the publication of such prospectus or advertisement 35a (1) any information relating to a housing finance institution,—disclosure of information(a) contained in any statement or return submitted by such institution under the provisions of this chapter; or(b) obtained through audit or inspection or otherwise by the national housing bank, shall be treated as confidential and shall not, except otherwise provided in this section, be disclosed(2) nothing in this section shall apply to— (a) the disclosure by any housing finance institution, with the previous permission of the national housing bank, of any information furnished to the national housing bank under sub-section (1);(b) the publication by the national housing bank, if it considers necessary in the public interest so to do, of any information collected by it under sub-section (1) in such consolidated form as it may think fit without disclosing the name of any housing finance institution or its borrowers;(c) the disclosure by the housing finance institution or by the national housing bank of any such information to any other housing finance institution or in accordance with the practice and usage customary amongst such institutions or as permitted or required under any other law: provided that any such information received by a housing finance institution under this clause shall not be published except in accordance with the practice and usage customary amongst institutions or as permitted or required under any other law(3) notwithstanding anything contained in this act or in any other law for the time being in force, the national housing bank, if it is satisfied that, in the public interest or in the interest of the depositors or the housing finance institution or to prevent the affairs of any housing finance institution being conducted in a manner detrimental to the interest of the depositors, it is expedient so to do, may, either on its own motion or on being requested, furnish or communicate any information relating to the conduct of business by any housing finance institution to any authority constituted under any law(4) notwithstanding anything contained in any other law for the time being in force, no court or tribunal or other authority shall compel the national housing bank to produce or to give inspection of any statement or other material obtained by the national housing bank under any provision of this chapter35b the national housing bank on being satisfied that it is necessary so to do, may, declare by notification that any or all the provisions of this chapter shall not apply to a housing finance institution or a group of housing finance institutions either generally or for such period as may be specified, subject to such conditions, limitations or restrictions as it may think fit to imposepower of national housing bank to exempt any housing finance institution 36a (1) power to order repayment of deposit(2) where a housing finance institution which is a company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, such officer of the national housing bank, as may be authorised by the central government for the purpose of this section (hereinafter referred to as the "authorised officer") may, if he is satisfied, either on his own motion or on any application of the depositor, that it is necessary so to do to safeguard the interests of the housing finance institution, the depositors or in the public interest, direct, by order, such housing finance institution to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order:provided that the authorised officer may, before making any order under this subsection, give a reasonable opportunity of being heard to the housing finance institution and the other persons interested in the matternomination by depositors 10 of 1949 36b (1) where a deposit is held by a housing finance institution to the credit of one or more persons, the depositor or, as the case may be, all the depositors together may nominate, in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 1949 one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the housing finance institution(2) notwithstanding anything contained in any other law for the time being in force, or in any deposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made purports to confer on any person the right to receive the amount of deposit from the housing finance institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the manner prescribed by rules made by the central government under section 45zaof the banking regulation act, 1949 10 of 1949(3) where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint, in the manner prescribed by rules made by the central government under section 45za of the banking regulation act,1949, any person to receive the amount of deposit in the event of his death during the minority of the nominee 10 of 1949(4) payment by a housing finance institution in accordance with the provisions of this section shall constitute a full discharge to the housing finance institution of its liability in respect of the deposit:provided that nothing contained in this sub-section shall affect the right or claim which any person may have against the person to whom any payment is made under this section(5) no notice of the claim of any person, other than the person or persons in whose name a deposit is held by the housing finance institution, shall be receivable by the housing finance institution, nor shall the housing finance institution be bound by any such notice even though expressly given to it:provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a housing finance institution, the housing finance institution shall take due note of such decree, order, certificate or other authority other provisions relating to housing finance institutions 36c in this chapter, unless the context otherwise requires,—definitions(a) ''appellate tribunal" means the appellate tribunal established under section36-i;(b) ''approved institution" means— (i) a housing finance institution which has been granted a certificate of registration under sub-section (5) of section 29a;(ii) a scheduled bank; (iii) national housing bank acting as trustee or otherwise in a transaction of securitisation of housing mortgages undertaken by the national housing bank;(iv) such other institutions as the central government may, on the recommendation of the national housing bank, by notification, specify; (c) ''assistance" means any direct or indirect financial assistance granted, by an approved institution during the course of any housing finance activity undertaken by it;(d) ''borrower" means any person to whom any assistance has been given by an approved institution for the purposes of purchase, construction, repairs, extension or renovation of a residential house;(e) ''dues" means any liability which is claimed as due from any person by an approved institution and includes interest, costs, charges and other amount payable in relation thereto;(f) ''recovery officer" means an officer appointed under section 36dappointment of recovery officer36d (1) the central government may, in consultation with the national housing bank, by notification appoint such persons being the officers of the approved institution, as it may deem fit, to be recovery officers for the purpose of this chapter who shall have such qualifications as the central government may by rules made under this act specify(2) the local limits within which the recovery officer shall exercise the powers conferred and perform the duties imposed on by or under this chapter shall be such as may be specified by the central government by notificationapplication to the recovery officer4 of 188236e (1) where any borrower, who is under a liability to an approved institution under an agreement, makes any default in repayment of any assistance or any instalment thereof or otherwise fails to comply with the terms of said agreement, then, without prejudice to the provisions of section 69 of the transfer of property act, 1882, the approved institution may apply, to the recovery officer within the limits of whose jurisdiction the borrower actually and voluntarily resides, or carries on business or personally works for gain, or the cause of action wholly or in part arises, for the sale of the property pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues(2) where an approved institution, which has to recover its dues from any borrower, has filed an application to the recovery officer under sub-section (1) and the same property is also pledged, mortgaged, hypothecated or assigned to another approved institution or person, the other approved institution or person may join the approved institution at any stage of the proceedings, before the final order is passed, by making an application to that recovery officer(3) in the application under sub-section (1) or sub-section (2), the nature and extent of the liability of the borrower to the approved institution or person, the grounds on which it is made shall be stated and it be in such form and be accompanied by such documents or other evidence as may be prescribedprocedure in respect of application under section 36e36f (1) on receipt of an application under section 36e, if the recovery officer is of opinion that the borrower is under a liability to an approved institution under an agreement, or has made default in repayment of the assistance or any instalment thereof or has otherwise failed to comply with the terms of said agreement, he shall cause a written notice of demand in such form as may be prescribed to be served on the borrower, calling upon him to pay the amount specified in the notice within a period of ninety days from the date of service thereof or to show cause as to why the relief prayed for should not be granted(2) the recovery officer may after giving the applicant and the borrower an opportunity of being heard, pass such interim or 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(3) the recovery officer may also consider and if satisfied, allow any claim of set-off or counter-claim set up by the borrower against the approved institution or person(4) the recovery officer shall supply a copy of every order passed by it to the approved institution and the borrower(5) the recovery officer may make an interim order (whether by way of injunction or stay or attachment) against the borrower to debar him from transferring, alienating or otherwise dealing with or disposing of, any property which is pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues(6) the application made to the recovery officer under section 36e shall be dealt with by him as expeditiously as possible and endeavour shall be made by him to dispose of the application finally within six months from the date of receipt of the applicationenforcement of order of recovery officer 36g (1) where the borrower refuses or fails to comply with the order within the time specified therein the recovery officer may, take possession of any property pledged, mortgaged, hypothecated or assigned to the approved institution as security for any assistance in respect of which default has been made and transfer by way of sale, lease or otherwise such property(2) any transfer by way of sale, lease or otherwise under this section shall be conducted in such manner as may be prescribed(3) any transfer of property made by the recovery officer, in exercise of its powers under sub-section (1), shall vest in the transferee all rights in or to the property transferred, as if the transfer has been made by the owner of the property(4) where any action has been taken against the borrower under the provisions of sub-section (1), all costs, charges, expenses which in the opinion of the recovery officer have been properly incurred by him as incidental thereto, shall be recoverable from the borrower and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and secondly, in discharge of debt, due to the approved institution, and the residue of the money so received shall be paid to the person entitled thereto(5) if the dues of the approved institution, together with all costs, charges and expenses incurred by the recovery officer, are tendered to the approved institution or to the recovery officer at any time before the date fixed for sale or transfer, the property shall not be sold or transferred, and no further steps shall be taken for transfer or sale of that property36h (1) where any property is sold or leased in pursuance of any power conferred by section 36e, the recovery officer may, for the purpose of taking into custody or under control any such property, request, in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any such property 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,—chief metrotrate and district magistrate to assist r e c o v e r y officer in taking charge of property(a) take possession of such property and documents relating thereto; and (b) forward them to the recovery officer(2) for the purpose of securing compliance with the provisions of sub-section (1), the chief metropolitan magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary(3) no act of the chief metropolitan magistrate or the district magistrate done in pursuance of this section shall be called in question in any court or before any authoritye s t a b l i s h - ment of appellate tribunal 36-i (1) the central government shall, by notification, establish one or more appellate tribunals, to be known as the housing finance institutions debt recovery appellate tribunals, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act(2) the central government shall also specify in the notification referred to in subsection (1), the areas in relation to which the appellate tribunal may exercise jurisdiction(3) notwithstanding anything contained in sub-sections (1) and (2), the central government may authorise the presiding officer of an appellate tribunal to discharge also the functions of the presiding officer of other appellate tribunalcomposition of appellate tribunal36j an appellate tribunal shall consist of one person only (hereinafter referred to as the presiding officer of the appellate tribunal) to be appointed, by notification, by the central government36k a person shall not be qualified for appointment as the presiding officer of an appellate tribunal, unless he—(a) is, or has been, or is qualified to be a district judge;qualifications for appointment as presiding officer of appellate tribunal(b) has been a member of the indian legal service and has held a post in grade ii of that service for at least three yearsterm of office36l the presiding officer 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 earlierstaff of appellate tribunal 36m (1) the central government shall provide the appellate tribunal with such officers and other employees as that government may think fit(2) the officers and other employees of the appellate tribunal shall discharge their functions under the general superintendence of the presiding officer(3) the salaries and allowances and other conditions of service of the officers and other employees of the appellate tribunal shall be such as the central government may by rules made under this act specify36n the salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the presiding officer of an appellate tribunal shall be such as the central government may by rules made under this act specify:provided that neither the salary and allowances nor the other terms and conditions of a presiding officer shall be varied to his disadvantage after appointmentsalaries and allowances and other terms and conditions of service of presiding officersfilling up of vacancies36-o if, for any reason other than temporary absence, any vacancy occurs in the office of the presiding officer of an appellate tribunal, then the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filledresignation and removal 36p (1) the presiding officer of an appellate tribunal may, by notice in writing under his hand addressed to the central government, resign his office:provided that the said presiding officer 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 earliest(2) the presiding officer of an appellate 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 enquiry made by a judge of a high court in which the presiding officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges(3) the central government may, by rules made under this act, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid presiding officer36q no order of the central government appointing any person as the presiding officer of an appellate tribunal shall be called in question in any manner, and no act or proceeding before an appellate tribunal shall be called in question in any manner on the ground merely of any defect in the establishment of an appellate tribunalorders constituting appellate tribunal to be final and not to invalidate its proceedings36r an appellate tribunal shall exercise the jurisdiction, powers and authority to entertain appeals against any order made or deemed to have been made by the recovery officer under this actjurisdiction, powers and authority of appellate tribunal appeal to the appellate tribunal 36s (1) any person aggrieved by an order made or deemed to have been made by the recovery officer under this chapter, may prefer an appeal to an appellate tribunal having jurisdiction in the matter(2) 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 recovery officer 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 period(3) on receipt of an appeal under sub-section (1), the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against(4) the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned recovery officer(5) the appeal filed before the appellate tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of the receipt of the appeal36t where an appeal is preferred by a borrower, 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 due from him as determined by the recovery officer:deposit of amount due, on filing appealprovided that the appellate tribunal may, for the reasons to be recorded in writing, waive or reduce the amount to be deposited under this section5 of 1908procedure and powers of recovery officer and appellate tribunal 36u (1) the recovery officer and the appellate tribunal shall not be bound by the procedure laid down by 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 regulations, the recovery officer and the appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings5 of 1908(2) the recovery officer and the appellate tribunal shall have, for the purposes of discharging their 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 himon oath;(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte;(g) setting aside any order of dismissal of any application for default or any order passed by it ex parte; and(h) any other matter which may be prescribed45 of 1860 2 of 1974 36 of 1963(3) any proceeding before the recovery officer or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code, and the recovery officer or the appellate 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, 1973limitation36v the provisions of the limitation act, 1963 shall, as far as may be, apply to an application made to recovery officer45 of 1860 36w the presiding officer, other officers and employees of an appellate tribunal and the recovery officer shall be deemed to be public servants within the meaning of section 21 of the indian penal codepresiding officer, recovery officer, other officers and employees to be public servant protection of action taken in good faith 36x no suit, prosecution or other legal proceedings shall lie against the central government or against the presiding officer of an appellate tribunal or against the recovery officer for anything which is in good faith done or intended to be done in pursuance of the provisions of this act or any rule or regulation or order made thereunderbar of jurisdiction36y no court or other authority shall have, or be entitled to exercise, any jurisdiction,powers or authority (except the supreme court, and a high court exercising jurisdiction under articles 226 and 227 of the constitution) in relation to the matters specified in this chaptertransitional provisions51 of 1993 36z notwithstanding anything contained in this act till the establishment of theappellate tribunal under section 36-i for any area, the appellate tribunal established under section 8 of the recovery of debts due to banks and financial institutions act, 1993 and which is functioning in that area shall exercise the jurisdiction, powers and authority conferred on the appeilate tribunal under this act chapter vi funds, accounts and audit| 37 ||--------------|| general fund || and other || funds |(2) the board may, and shall, if so directed by the reserve bank, create a special fund or a reserve fund or such other funds as may be prescribed| 38 | (1) | | | | | ||-------|--------|-------|------|------|------|-----|(2) the board shall cause the books and accounts of the national housing bank to be balanced and closed as on the thirtieth day of june, each yearpreparation of balance sheet, etc, of national housing bank disposal of surplus39 after making provision for bad and doubtful debts, depreciation of assets and allother matters for which provision is necessary or expedient or which is usually provided for by bankers, the national housing bank shall transfer—(i) for a period of fifteen years, following the accounting year during which the national housing bank is established, the amount remaining (hereafter in this section referred to as surplus) such of the funds referred to in section 37 as the reserve bank may specify; and(ii) after the expiry of the said period of fifteen years, the national housing bank shall, after making provision for the funds referred to in section 37, transfer the balance of surplus to the reserve bankaudit1 of 1956 40 (1) the accounts of the national housing bank shall be audited by auditors dulyqualified to act as auditors under sub-section (1) of section 226 of the companies act, 1956, who shall be appointed by the reserve bank, for such term and on such remuneration as the reserve bank may fix returns41 the national housing bank shall furnish, from time to time, to the reserve banksuch information and returns as the reserve bank may require obligation as to fidelity and secrecy 44 (1) the national housing bank shall not, except as otherwise required by this actor any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the national housing bank to divulge such information protection of action taken under the act 46 no suit or other legal proceeding shall lie against the national housing bank orany director or any officer or other employee of the national housing bank or any other person authorised by the national housing bank to discharge any functions under this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or of any other law or provision having the force of lawpenalties49 (1) (2b) if any auditor fails to comply with any direction given or order made by the national housing bank under section 33, he shall be punishable with fine which may extend to five thousand rupees(2c) whoever fails to comply with any order made by the authorised officer under sub-section (2) of section 36a, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine of not less than rupees fifty for every day during which such non-compliance continues(3) if any person other than an auditor— (aa) fails to comply with any direction given or order made by the national housing bank under any of the provisions of chapter v; or| ||---------------|| cognizance of || offences |51 (1) no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by an officer of the national housing bank, generally or specially authorised in writing in this behalf by the national housing bank, and no court other than that of a metropolitan magistrate or a judicial magistrate of the first class or a court superior thereto shall try any such offence2 of 1974(2) notwithstanding anything contained in the code of criminal procedure, 1973, amagistrate may, if he sees reasons so to do, dispense with the personal attendance of the officer of the national housing bank filing the complaint but the magistrate may in his discretion, at any stage of the proceedings, direct the personal attendance of the complainantapplication of fine52 a court imposing fine under the act may direct that the fine, if realised shall be applied—| | | | | ||------|------|------|------|-----|(b) secondly for repayment of the deposit to the person to whom repayment of the deposit was to be made, and on such payment, the liability of the housing finance institution to make repayment of the deposit shall, to the extent of the amount paid by the court, stand discharged 52a (1) notwithstanding anything contained in section 49, if the contravention or default of the nature referred to in section 49 is committed by a housing finance institution which is a company, the national housing bank may impose on such institution—power of national housing bank to impose fine(a) a penalty not exceeding five thousand rupees; or(b) where the contravention or default is under sub-section (2a) or clause (a) or clause (aa) of sub-section (3) of section 49, a penalty not exceeding five lakh rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more; and where such contravention or default is a continuing one, further penalty which may extend to twenty-five thousand rupees for every day, after the first, during which the contravention or default continues (2) for the purpose of imposing penalty under sub-section (1), the national housing bank shall serve a notice on the housing finance institution requiring it 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 also be given to such housing finance institution(3) any penalty imposed by the national housing bank under this section shall be payable within a period of thirty days from the date on which notice issued by the national housing bank demanding payment of the sum is served on the housing finance institution and, in the event of failure of the housing finance institution to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office or the head office of the housing finance institution is situated:provided that no such direction shall be made, except on an application made by an officer of the national housing bank authorised in this behalf, to the principal civil court(4) the court which makes a direction under sub-section (3), shall issue a certificate specifying the sum payable by the housing finance institution and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit(5) no complaint shall be filed against any housing finance institution in any court of law pertaining to any contravention or default in respect of which any penalty has been imposed by the national housing bank under this section(6) where any complaint has been filed against a housing finance institution in a court in respect of contravention or default of the nature referred to in section 49, no proceedings for imposition of penalty against the housing finance institution shall be taken under this section [10] m cpower to make rules54a (1) the central government may, by notification, make rules to carry out the provisions of this act(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) qualifications for appointment as a recovery officer under sub-section (1) of section 36d;(b) the salaries and allowances and other terms and conditions of service of the officers and other employees of the appellate tribunal under sub-section (3) of section 36m;(c) the salaries and allowances and other terms and conditions of service of the presiding officers of the appellate tribunal under section 36n; and(d) the procedure for the investigation of misbehaviour or incapacity of the presiding officers of the appellate tribunals under sub-section (3) of section 36ppowers of the board to make regulations 55 (1) the board may, with the previous approval of the reserve bank and in consultation with the central government, by notification, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act(2) in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (f) the form in which the statements, information, etc, is to be furnished under section 32; (fa) the form of application to be made under section 36e and the documents to be annexed to such application;(fb) the form in which notice of demand is required to be served on the borrower under sub-section (1) of section 36f;(fc) the manner in which the property shall be transferred under subsection (2) of section 36g;(fd) the form in which the appeal can be filed with the appellate tribunal under section 36s and the amount of fee required to be deposited with such appeal; ———— extract from the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002) 2 (1) in this act, unless the context otherwise requires,—definitions (m) ''financial institution'' means— ———— a billfurther to amend the national housing bank act, 1987————(shri pranab mukherjee, minister of finance)

Parliament_bills

5e74f480-fe85-53b7-993f-da58b49867bb

bill no lvi of 2012 the free and compulsory primary, secondary, higher and technical education bill, 2012 a billto provide for free and compulsory primary, secondary, higher and technical educationto every child in order to eradicate their illiteracy and overall development and for deterrent punishment for those who prevent the children from going to school and pursuing their studies in any manner and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the free and compulsory primary, secondary, higher and technical education act, 2012short title, extent and commencement(2) it extends to the whole of india(3) 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 of that state and in other cases the central government;(b) "child" means any human being who is between the age group of four to twenty-five years;5(c) "higher and technical education" means education beyond senior secondary level and include colleges, universities, academies, seminaries and professional schools in the field of law, theology, medicine, technology, business, music and art;(d) "parent" in relation to a child include his father and mother, guardian and every person who has the actual custody of the child for the time being;(e) "prescribed" means prescribed by rules made under this act; and10(f) "primary and secondary education" means education in a school from primary to senior secondary level or class 3 (1) notwithstanding any custom, usage or belief of any section of the society, every parent shall compulsorily admit his children in a school, on completion of four years of age in order to enable him to get primary education and shall not restrain him in any manner from attending the schoolcompulsorily admission of children in school and prohibition on their employment15(2) for the purposes of section 3, no parent or person shall engage a child in any household job or employ a child in a manner which may prevent the children from attending his school and deprive him from primary, secondary, higher and technical education(3) whoever contravenes the provisions of sub-sections (1) and (2) of section 3, shall be guilty of an offence under this act204 (1) the appropriate government shall provide free and compulsory primary, secondary, higher and technical education to every child who is ordinarily residing within its territorial jurisdictionappropriate government to provide free and compulsory primary, secondary, higher and technical education to every child25(2) for the purposes of sub-secion (1) of section 5, the appropriate government shall establish such number of schools within its territorial jurisdiction as it may deem necessary and for the physically challenged child, special schools at such place or places as may deem necessary with such facilities, as may be prescribed(3) if any child intends to pursue higher studies beyond the primary and secondary education levels, the appropriate government shall provide free higher and technical education to such child with such facilities, as may be prescribed30(4) the appropriate government shall also provide the following facilities from primary to higher and technical education in schools:—(i) free books, note books and stationery items; (ii) free school uniforms;(iii) free hostel facility and meals; (iv) free vocational training wherever necessary; and35(v) scholarships in such cases, as may be prescribed5 the central government shall, after due appropriation made by law by parliament in this behalf, provide necessary funds, from time to time, for the purposes of this actcentral government to provide necessary funds penalty5| 6 ||----------------------------------------------------------------------------------------------|| restrains or in any manner obstructs the child from receiving primary, secondary, higher and || technical education, the parent shall be liable to simple imprisonment for a term which may || extend to six months and also with a fine which may extend to fifty thousand rupees |10| ( | 2 ||----------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------|| for primary, secondary, higher and technical education shall be liable to imprisonment for a | || term which shall not be less than two years but may extend to five years and also with fine | || which may extend to one lakh rupees | || 2 of 1974 | || offences to | || be cognizable | || 7 | notwithstanding anything contained in the code of criminal procedure, 1973 the || offences under this act shall be cognizable | || act to have | || overriding | || effect | |15| 8 | 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 force, but save as aforesaid, the provisions of this act shall be in addition to and not | || in derogation of any other law applicable to children | || power to | || make rules | || 9 | the central government may, by notification in the official gazette, make rules for || carrying out the provisions of this act | | statement of objects and reasonsarticle 21a of the constitution provides that it is the responsibility of the state to provide free and compulsory education to all children of age of six to fourteen years although, government has taken many steps in this regard but they are inadequate we have not been able to provide education to all children even after sixty-five years of independencethe ability to read and write is an essential element of human capability literacy is the first step towards acquiring tools of learning and opening the doors for knowledge and information education expands opportunity for human beings, empowers them to resist oppression and to claim their rightsour education system is very expensive and all citizens cannot afford it poor parents with meagre incomes are unable to send their children to school for primary, secondary, higher and technical education therefore, it is necessary to provide textbooks, scholarships, hostel facilities, etc to the poor students so that their parents are encouraged to send them to school and to pursue higher studies thereafter therefore, it is necessary to provide for free and compulsory education at all levels including primary, secondary, higher and technical education with scholarships to meritorious studentshence this billavinash rai khanna financial memorandumclause 4 of the bill provides for free and compulsory education to child by opening schools, special schools, etc clause 5 provides that central government shall provide necessary funds 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 twenty thousand crore may involve as recurring expenditure per year a sum of rupees ten thousand crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 9 of the bill gives power to the central government to make rules for carrying out the provisions of this bill the rules will relate to matters of details only the delegation of legislative power is of normal character———— a billto provide for free and compulsory primary, secondary, higher and technical education toevery child in order to eradicate their illiteracy and overall development and for deterrent punishment for those who prevent the children from going to school and pursuing their studies in any manner and for matters connected therewith and incidental thereto————(shri avinash rai khanna, mp)gmgipmrnd—3969rs (s3)—07122012

Parliament_bills

96512893-c747-5522-aca6-5cb55fc04019

bill no 232 of 2017 the railways (amendment) bill, 2017 by shri rammohan naidu kinjarapu, mp a billfurther to amend the railways act, 1989be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the railways (amendment) act, 2017short title and commencement5(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appointamendment of section 324 of 19892 in section 3 of the railways act, 1989, after sub-section (2), the following subsection shall be inserted, namely:—10"(2a) notwithstanding anything contained in sub-section (2), the central government shall, by notification, constitute a new zonal railway with headquarter at vishakhapatnam consisting of the waltair railway division of the east coast railway zone and vijayawada, guntur and guntakal railway division of the south central railway zone" statement of objects and reasonsthe unscientific division of the erstwhile state of andhra pradesh in the year 2014 left the residual state of andhra pradesh with a number of challenges and disadvantages to overcome such difficulties and to make up for the loss of resources establishment of a separate railway zone was promised to the residual state of andhra pradesh under the thirteenth schedule as per section 93 of the andhra pradesh reorganisation act, 2014post the reorganisation of the state of andhra pradesh none of the railway zones operating in the state of andhra pradesh has its headquarters within the state this has caused great inconvenience to the public of the state of andhra pradesh the concerns of railway commuters of the state are no longer the priority of any of the railway zones people from the state have to travel all the way to the neighbouring states of odisha and telangana to the zonal headquarters since the state is in a rebuilding phase after having lost out greatly due to the partition of the erstwhile state, a separate railway zone which caters to the special needs of the state for commotion as well as strengthening infrastructure is direly neededthis situation was already recognised as an inevitable result of the state reorganisation and that is why the reorganisation act assured to set up a separate railway zone for the state of andhra pradeshthe bill, therefore, seeks to amend the railways act, 1989 with a view to constitute a new zonal railway headquarter at visakhapatnam consisting of the waltair railway division of the east coast railway zone and vijayawada, guntur and guntakal railway divisions of the south central railway zonehence this billnew delhi;rammohan naidu kinjarapunovember 28, 2017 financial memorandumclause 2 of the bill seeks to constitute a new zonal railway headquarter at visakhapatnam consisting of the waltair railway division of the east coast railway zone and vijayawada, guntur and guntakal railway divisions of the south central railway zone the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees one hundred crore from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be involved annexure extracts from the railways act, 1989 (24 of 1989) chapter ii railway administrationszonalrailways3 (1) the central government may, for the purpose of the efficient administration of the government railways, by notification, constitute such railways into as many zonal railways as it may deem fit and specify in such notification the names and headquarters of such zonal railways and the areas in respect of which they shall exercise jurisdiction(2) the zonal railway existing immediately before the commencement of this act shall be deemed to the zonal railways constituted under sub-section (1) ———— a billfurther to amend the railways act, 1989————(shri rammohan naidu kinjarapu, mp)gmgipmrnd—2674ls(s3)—18-12-2017

Parliament_bills

6bfb7cc1-cc8e-58cc-ae27-1058b24ff742

bill no 70 of 2015 the constitution (scheduled tribes) order (amendment) bill, 2015 byshri p karunakaran, mp a billfurther to amend the constitution (scheduled tribes) order, 1950be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—2 in the schedule to the constitution (scheduled tribes) order, 1950,—co 22 of1950amendment of the schedule(i) in part vi—karnataka, after entry 38, the following entry shall be inserted, namely:—"38a narasanna"; and5(ii) in part vii—kerala, after entry 29, the following entry shall be inserted, namely:—"29a narasanna" statement of objects and reasonsthe term scheduled tribes first appeared in the constitution of india article 366defines scheduled tribes as "such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution"in pursuance of article 342 of the constitution, the list of scheduled tribes of various states was first notified in 1950 and since then the list has been modified from time to time however, there are certain tribes in the states of karnataka and kerala which have not yet been included in the list of scheduled tribes, in respect of these states the 'narasanna' community living in border areas of state of kerala and karnataka is one of such tribesthe 'narasanna' community is a socially and economically backward community spread across the borders of the state of kerala and karnataka 'narasanna' being a tribal community requires the intervention of the state for including them in the list of the scheduled tribes to enable them to avail the existing financial and other benefits occurring to the listed tribal communitiesthe bill seeks to achieve the above objectives by amending the schedule to the constitution (scheduled tribes) order, 1950, in respect of the states of karnataka and keralanew delhi;p karunakaranfebruary 9, 2015 financial memorandumclause 2 of the bill seeks to include narasanna tribe in the list of scheduled tribes in respect of the states of karnataka and kerala, respectively the bill, therefore, if enacted, would involve additional recurring and non-recurring expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to these tribes under the ongoing central schemes meant for development of the scheduled tribesat this stage, it is not possible to give the exact amount to be incurred on this accounthowever, it is expected that a recurring expenditure of about rupees five hundred crore will be involved annuallyno non-recurring expenditure is likely to be involved annexure extract from the constitution (scheduled tribes) order, 1950 (co 22) the schedule part vi—karnataka 49 yerava part vii-kerala 35 uraly lok sabha———— a billfurther to amend the constitution (scheduled tribes) order, 1950————(shri p karunakaran, mp)gmgipmrnd—4757ls(s3)—04-03-2015

Parliament_bills

885ded4c-cb3d-5732-bc17-1f57b7ec365e

the banking companies (amendment) bill, 1962(as introduced in lok sabra on 24th august, 1962) £,,, ~llament ll8ftar~ " ii __ a billfurther to amend the banking companies act 1949 be, it enacted by parliament in the thirteenth year of the republic of india as follows:-1 this act may be called the banking companies (amendment) short title act, 1962~ of 1949 5 2 in section 11 of the banking companies act, 1949 (hereinafter amen~ent referred to as the principal act) ,_ oflectlon ii (i) in sub-section (2), in clause (b), for the words beginning with "the banking company shall" and ending with "required by clause (a)", the following shall be substituted, namely:-10 "the banking company shall deposit and keep deposited with the reserve bank: either in cash or in the form of unencumbered approved securities, or partly in cash and partly in the form of such securities-(i) an amount which shall not be less than the minimum 15 required by clause (a) j ; and (ii) as soon as may be after the expiration of each calendar year, an amount calculated at twenty per i cent of its profit for that year in respect of all business transacted through its branches in india, as disclosed in the profit and 20 loss account prepared with reference to that year under section 29: "; 1501 (b) ls-l (ii) after sub-section (2), the following sub-section shall be inserted, namely:-"(2a) notwithstanding anything contained in sub-section (2), the central government may, on the recommendation of the reserve bank, and having regard to the adequacy of s the amounts already deposited and kept deposited by a banking company under sub-section (2), in relation to its deposit liabilities in india, declare by order in writing that the provisions of sub-clause (ii) of clause (:b) of sub-section (2) shall not apply to such banking company for such period as ,may 10 be specified in the order"; (iii) in sub-section (3), in clause (ii), the following proviso shall be inserted at the end, namely:- "provided further that in the case of every banking company to which this clause applies and which com- is mences banking business for the first time after the commencement cf the banking companies (amendment) act 1962, th'e value of its paid-up capital shall not be less than five lakhs of rupees" 20 amendment oftection 17 3 in section 17 of the principal act,-(i) in sub-section (1), the words "unless the amount in such fund together with the amount in the share premium account is not less than its paid-up capital," shall be omitted; (ii) after sub-section (1), the following sub-section shall be inserted, namely:-2s "(1a) notwithstanding anything contained in sub·· section (1), the central government may, on the recommendation of the reserve bank and having regard to the adequacy of the paid-up capital and reserves of a banking company in ·relation to its deposit liabilities, declare by order in 30 writing that ,the provisions of sub-section (1) shall not apply to the banking company for such period as may be specified in the order: provided that no such order shall be made unless, at the time it is made, the ai1?-0unt in the reserve fund under sub- 3s section (1), together with the ailipunt in the share premium account is not less than the paid-up capital of the banking company" amendment of section 18 4 in section 18 of the prin~pal act, for the words "twn per cent of its time liabilities in india and five per cent of its demand liabilities 40 in india,", the words "tm-ee per cent of the total of its time and demand liabilities in india," shall be substituted 5 in section 22 of the principal act, in sub-section (3), in clause amen~ment (c), after the words "a company incorporated outside india that", the ~! ectjon word'! "the c9rrying on of banking business by such company in india will be in the public interest and that" shall be inserted 5 i in section 24 of the principal act, after sub-section (2), the amendment following sub-section shall be inserted, namely:-of section "(2a) (11) notwithstanding a,nything contained in sub-section at (1) or in sub-section (2), after the expiry of two years from the commencement of the banking companies (amendment) act, ro 1~~ (i) a scheduled bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 1934, and a of 1934 is 20 (ii) every other banking company, in addition to the cash reserve which it is required to maintain under section 18, shall main,tain in india in cash, ~old or unencumbered approved securities, valued at a price not exceeding the current market price, an amount which shall not at the close of business on any day be less than 25 per cent of the total of its demand and time liabilities in india; 2s 30 3s (b) in computing the amount for the purposes of clause (11)-(i) the deposit required under sub-section (2) of section 11 to be made with the reserve bank by a banking company incorporated outside india, and (ii) any cash or balances maintained in india by a banking company other than a scheduled bank with itself or in current account with the reserve bank or the state bank of india or with any other bank which may be notified in this behalf by the cent~al government, in excess of the aggregate of the cash or balance or both required to be maintained under section 18, and (iii) any balances maintained by a scheduled bank with the resol"ve bank in excess of the balance required to be maintained by it under section 42 of the reserve bank of india act, 1934, and any balances maintained by a scheduled bank with the state bank of india or with any other bank which may be notified in this behalf by the central governmenjt, 40 shall be deemed to be cash maintained in india" 7 in section 35b of the principal act, in sub-section (2), fur the amf en~ment o section figures and word "268, 269, 310, 311 apd ~88", t~e fi~es, warc:ts and ~$b brackets "268 and 269 the proviso to sub-section (3) of section 309, sections 310 and 311 the proviso to section 387, and section 388" shau be substituted 8 in section 51 of the principal act,-amendment of section ,i (i) after the figures "35", the figures and letter "35a" shall 5 be inserted; and (ii) the figures and letter "37, 44b" shall be omitted statement of objects and reasonstile provisions in the banldng companies act relating to the minimum paid-up capital and reserves of the commercial banks and the amounts which such banks are required to maintain in the form of cash or bank balances or in the form of liquid assets which can be readily utilised for meeting a·ny current obligations are somewhat out of date in view of the changes which have taken place sjnce merch 1949, when the provisions relating to the minimum paid-up capital were brought into force and the very great increase in the deposits and working funds of the commercial banking system in recent years, it is considered desirable that the paid-up capital and reserves, the cash and bank balances, and the overall liquid assets of the commercial banks should be increased the bill seeks to emend the relevant provisions of the act in a suitable manner for these purposes and is intended to strengthen the financial positicn of thp commercial banks generally and to increase the protection which is available to the depositors the opportunity provided by the amendment of the act for these purposes has also been utilised to make a few clarificatory chanlles in some of the other provisions of the act -- the scope and object of the amendments proposed are explained in detail in the notes on the various clauses of the bill new delhi; morarji desai the 17th august, 1962clause 2-section 11 of the banking companies act which deal~ with the requirements as to the minimum paid-up capital and reserve provides that the exchangeable value of such capital and reserves in the case of a banking company incorporated in india and havin2 only one offic~ shall be at least fifty thousand rupees in the carp of the exchange banks i~corpcrnted outside india a sum of fifteen lakhs or twenty lakhs as the case may be, dependinj:( on the location of the office of the bank in india, is required to be deposited with thp reserve bank in lieu of paid-up capital clause 2 seeks to raise th, minimum paid-up ~pital in the case of a banking company incorporated in india which applies for a licence in future to five lakhs of rupees and also provides that banking companies incorporated outside india shall 'be required to increase the amounts deposited with the reserve bank of india in lieu of paid-up capital and reserves by the transfer of twenty per cent of the future annual profits of the indian branches until such time as an exemption if any, is granted clause 3-every banking company incorporated in india is required apart from complying with requirements as to the prescribpd minimum paid-up capital and reserves, to transfer twenty pel' cent of their annual profits to the !tatutory reserves shown as such in its balance-sheet until such reserves are equal to paid-up capiml clause 3 seeks to delete from sub-section (1) of section 17 of the act the limiting condition which has t~e effect of exempting banking companies from making any further 'transfers towards reserves if th~ reserves are equal to paid-up capitel, and provides that' the transfers shall continue to be made instead until such time as an exemption if any, is granted: clause 4-seclion 18 of the banking companies act provides tnat non-scheduled banks shall maintain with' themselves or in cultent account balances with the reserve bank or its agencies cash or bank balances to the extent of two per cent of their time &nd five per cent of their demand liabilities as it is 'proposed that a uniform percentage of three per cent of 1911 the liabilities should be prescribed in future in the case of the scheduled banks clause 4 seeks to amend section 18 of the banking companies act so as to provide for, the same uniform requirement in the case of the non-scheduled banks clause 5 seeks to amend section 22 of the banking companies act which deals with the licensing of banks so as to provide that in the ilase of any bank which is incorporated outside india, a licenee may be refused or cancelled, if it appears to the reserve bank that it will 110t be in the public interest to allew the bank to operate or to continue to opelete in india clause 6-section 24 of 'the banking companies act provides for the minimum requirements as to liquidity, that is the percentage of the assets which every bank is required to maintain in the form of cash balances with the reserve bank or its agencies, gold and unencumbered approved securities the minimum amount which is now required to be maintained in the form of such liquid assets is twenty per cent of the total liabilities in india the deposits with the reserve bank, or cash reserves and bank balances in regard to which separate provision is made in section 42 of the reserve bank oi india act, 1934, or section 18 of the banking companies act, 1949, as the case may be, are counted as liquid assets clause 6 seeks to amend section 24 so as to provide that the minimum percentage of the liebilities which is required to be maintained in the form of liquid assets should be twedity-fiv~ instead of twenty and that any deposits with the reserve bank or cash or bank balances, which may be required to be maintained under section 42 of the reserve bank of india act or section 18 of the banking companies act shall not be taken into account for the purposes of section 24 but shall be deemed to be additional to the requirements of this section as the percentage of liabilities which is required to be maintained in the form of reserves or deposits with the reserve bank will vary from three to fifteen in the case of the scheduled banks, while the percenmage of liabilities required to' be maintained in the form of cash or bank balances will be three in the case of the non-scheduled banks, the overall effect of the provisions of the various' sections, namely, section 42 of the reserve bank of india act and sections 18 and 24 of the banking companies act, considered together will be to provide for a minimum liquidity ratio of twenty-eight per cent in the case of the scheduled banks, with provision for raising this percentage to forty, if necessary, and a liquidity ratio, not subject to variations, of twenty-eight per ceilit in the case of the non-scheduled banks, a time-limit of two years is proposed to be prescribed for enabling the existing banks to comply with the amended requirements of the law clause 7 seeks to amend section 35b of the banking companies act, so as to make it clear that notwithstanding the provisions of the proviso to sub-section (3) of section 309 and the proviso to section 387 of the companies act, 1956, as recently amended, the approval of the central government shall not be necessary for determining the remunemtion of the chief executive officers or other directors of banking companies clause 8 provides for a clarificatory amendment of section 51 of the banking companies act, so as ,to make the provisions relating to the suspension of business or the sanctioning of a scheme of arrangement with the creditors and shereholders inapplicable in relation to the state bank of india and its subsidiaries which are governed by _ other statutory provisions in the relevant acts section 35a of the banking companies act, relating to the issue of directions by the reserve bank of india to banking companies generally is, however proposed to be made applicable to the public sector banks extracts from the banking companies act, 1949 (10 of' 1949) - - - - 11 (1) - - - - - (2) in the case of a banking company incorporated outside india- reserves (a) the aggregate value of its paid-up capital and reserves shall not be less than fifteen lakhs of rupees end if it has a place or places of business in the city of bombay or calcutta or both, twenty lakhs of rupees; and (b) the banking company shall deposit and keep deposited with the reserve bank either in cash or in the form of unencumbered approved securities or partly in cash and partly in the form of such securities an amount which shall not be less than the minimum required by clause (a): provided that any such banking company may at any time replace-: (i) any securities so deposited by cuh or by any other unencumbered approved securities, or partly by cash and partly by other such securities, so however, that the total amount deposited is not affected; (ii) any cash so deposited by unencumbered approved securities of an equal value - - , - - - - - - - 17 (1) every banking company incorporated ,in india shall create reserve a reserve fund and unless the amount in such fund together with the fund amount in the share premium account is not less than its paid-up capital, shall, out of the balance of profit of each year as disclosed in the profit and loss account prepared under section 29 and before any dividend is declared, transfer to the reserve fund a sum equivalent to not less than twenty per cent of such profit - ~ - - - - - - - - - 9 1501 (b) ls-2 cash reserve 18 every banking company, not being a scheduled bank, shall maintain in india, by way of cash reserve with itself or in current account opened with the reserve bank or the state bank of india or any other bank notified by the central government in this behalf or' partly in cash with itself and partly in such account or accounts, a sum equivalent to at least two per cent of iits time liabilities in india arui five per cent of its demand liabilities in india, and shall submit to the reserve bank before the fifteenth day of every month a return showing tl~e amount so held on friday of each week of the preceding month with particulars of its time and demand liabilities in india on each such frid,ay, or, if any such· friday is a public holiday under the negotiable instruments act, 1881 at the close of business on the 26 of 18bi preceding working day expzanation-in this section and in section 24, "liabilities in indig" shall not include-(a) the paid-up capital or the reserves or any credit balance in the profit and loss account of the banking company; (b) any advance taken from the reserve bank or from the state bank of india or from the refinance corporation for industry (private) limited, or from any bank notified by the central gov~rnment ,under clause (c) of the ezplanation to subsection (1) of section 42, of the reserve bank: of india act, 1934 2 of 1934· - ' - - - 22 (1) licenaing of bankldl companies - - - - (3) before granting any licence under this section, the reserve bank may require to be satisfied by i8d inspection of the boob of the company or otherwise that all or any of the following conditions are fulfilled, namely: -i (a) that the company is or will be in a position to pay its present or future depositors in full as their claims accrue; (6) that the 81fairs of the company are not being, or are net likely to be conducted in a manner detrimental to the intereats of its present or future depositors; (c) in the case of a company incorporated outside india that the government or law of the country in which it is incorporated does not discriminate in any way against banking companies registered in india, and that the company complies with all the provisions of this act, applicable to banking companies incorporated outside india - , 358 amendments of provisions reiatina to appointmedu ofmanaginc din:ctors, etc? to be sublect to previous approval of the reserve bank (2) nothing contained in sections 268, 269, 310, 311 end 388 (in so far as section 388 makes the provisions of sections 310 and 311 apply in relation to the manager of a company) of the companies i of i!;s6 act, 1956, shall apply to any matter in respect of which the approvel of the reserve bank has to be obtained under sub-section (1) 51 without prejudice to the provisions of ,the state bank of india application 23 of i9ss· act, 1955, or any other enactment, the provisions of sections 10, 13 ofce~in provlslons to 15, 17, 19 to 21, 23 to 28, 29 [excluding sub-section (3)], 31, 34, to the state 35, 36 [excluding clause (d) of sub-section (1)], 37, 44b, 46 to 48, r~1l;k ~ 50, 52 and 53 shall also apply, so far as may be, to and in relation ot~ ootito the state bank of india or any other banking institution notified fled banks by the central government in this behalf as they apply to and in relation to banking companies: provided that-(a) nothing contained in clause (c) of sub-section (1) of section 10 shall apply to the chainnan of the state bank of india or to a general manager of any subsidiary bank in so far as the said clause precludes him from being a director of, or holding an office in, any institution approved by the reserve bank; (b) nothing contained in section 19 shall apply to the holding by the state bank of india of shares in the capital of any such subsidiary bank; and (c) nothing cont1lined in section 46 shall apply to any officer of the central government or the reserve bank or the state - bank of india, nominated or appointed as director of the state bank of india, or any such subsidiary bank or any other banking institution notified by the central government under this section 38 or 1959 explanation-the expression "subsidiary bank" in this section shall have the same meaning as :in section 2 of the state bank of india (subsidiary banks) act, 1959 - a bill further to amend the banking companies act, 1949 (shri morarjj desai, minister of firulnce)

Parliament_bills

927bd423-711f-5e21-8a0e-41d2bdb37513

bill no lvi of 2015 the slums and jhuggi-jhopri areas (basic amenities and clearance) bill, 2015 a billto provide for the basic amenities and clearance of jhuggi-jhopri areas and slum areas and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the slums and jhuggi-jhopri areas (basic amenities andclearance) act, 2015short title, extent and commencement(2) it extends to union territories only5(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) "building" includes any structure or erection or any part of a building but does not include a plant or machinery comprised in a building(b) "competent authority" means such officer or authority as the central government may, by notification in the official gazette, appoint as the competent authority for the purpose of this act;(c) "jhuggi-jhopri" means a small roughly built house or shelter usually made of mud, wood or metal having thatched or tin sheet roof covering;5(d) "prescribed" means prescribed by rules made under this act; (e) "slum" means an area consisting of jhuggi-jhopri areas, badly built and overcrowded houses and buildings; and(f) "slum clearance" means the clearance of any slum area by demolition and removal of buildings therefrom103 the competent authority may, from time to time by notification in the official gazette, declare any area to be a slum area within the meaning of this actcompetent authority to declare slum areas4 for the purpose of effective implementation of this act, the central government shall, through the competent authority,—15"(i) carry out the works of improvement in slums and jhuggi-jhopri areas from time to time in such manner as may be prescribed;(ii) provide all basic amenities in slums and jhuggi-jhopri areas in such manner as may be prescribed;20(iii) extend financial assistance or vocational training to the inhabitants of slums and jhuggi-jhopri areas for their self-employment; and central government to provide basic amenities to inhabitants of slums and construct new dwelling unit through competent authority(iv) construct and allot dwelling units to the inhabitants of slums and jhuggijhopri areas where such areas have been declared as slum basic amenities and clearance areas25competent authority to declare any slum area to be a clearance area5 (1) where the competent authority is satisfied that most satisfactory method of dealing with conditions in a slum area is the demolition of all the buildings in the area, the authority shall by an order notified in the official gazette declare the area to be a slum clearance area, that is to say, an area to be cleared of all buildings in accordance with provisions of this act and the rules made thereunder30(2) the competent authority shall give adequate notice to the inhabitants of slums and jhuggi-jhopri areas before demolition of houses, shelters or buildings(3) the competent authority shall not remove or demolish any jhuggi-jhopri aeas till all residents of the area have been evacuated and allotted alternative dwelling units with all basic amenities at convenient locations6 on and from the date of commencement of the act, no person shall be allowed to set up any jhuggi-jhopri in any area35ban on setting up of jhuggi-jhopri areas 7 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 government to make provision of funds act to have overriding effect408 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for time being in force9 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 actact not to be in derogation of other lawspower to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purpose of this act5 10(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 priod 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 considerable people of our country are at present living in slums and jhuggi-jhopri areas under inhuman conditions there are no basic facilities of potable water, electricity, sanitation and health services in these areas however, people have no other option but to live in such slums and jhuggi-jhopri area under inhuman conditions the problem is more appaling in metropolitan cities and other big cities where people migrate in large numbers in search of employment poverty forces them to find shelter in slums and jhuggi-jhopri areas however, there is no policy to deal with the problems of slums and jhuggi-jhopri areasbeing a welfare state, it is the duty of the government to provide alternate houses with basic facilities to persons who are living in slum areas the government should also see that slum areas do not come up and those which are already there should be clearedthe bill seeks to achieve the above objectivebk hariprasad financial memorandumclause 4 of the bill provides that the central government shall provide basic facilities to those who are living in slum areas clause 7 of the bill provides that central government shall provide adequate funds for carrying out the purpose of the bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of rupees one thousand five hundred crore will be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely 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 maters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the basic amenities and clearance of jhuggi-jhopri areas and slum areas and for matters connected therewith————(shri bk hariprasad, mp)gmgipmrnd—3388rs(s3)—07-12-2015

Parliament_bills

41e40ed5-11c3-5f92-a021-973fcca2a95b

power to make 11 (1) the commission may make rules to regulate its procedure and conduct rules of its business (2) the commission may, by notification in the official gazette, make rules to regulate recruitment and conditions of service of the secretarial staff (3) every rule made under this act shall as soon as may be after it is made, be laid before the house, 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 10 the expiry of the session immediately following the session or the successive sessions aforesaid, the house agrees in making any modification in the rule, or the house agrees 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 (4) any notice of amendment to such rules given by a member shall stand referred to the commission which shall consider it and make such changes in the rules as the commission may consider fit 15 (5) the final rule made by the commission, after taking into consideration the amendments suggested by the members, shall be laid before the house and, thereafter, on the house agreeing to the final rule on a motion made by a member of the commission, the rule or amendment to a rule, as the case may be, shall be enforced by the commission by notification in the official gazette 20 transitional provision 12 all persons employed in the secretarial staff immediately before the commencement of this act, shall be treated, for all purposes, as if their appointment had been made by the commission, unless the commission decides otherwise saving 13 all rules, regulations and orders made and in force immediately before the commencement of this act, shall be deemed to have been made by the commission and 25shall continue to be valid and operative unless modified or revoked by the commission, so, however, anything contained therein being inconsistent with any provisions of this act, shall be of no effect and be void to the extent of such inconsistency statement of objects and reasonsthe concept of an independent secretariat of parliament 1s an essential adjunct of parliamentary democracy the significance of this conceptualisation of a secretariat independent of the executive was fully realised in the 1920s when the then central legislative assembly passed unanimously a resolution moved by pandit motilal nehru and seconded by lala lajpat rai the independent position of the secretartats of the houses of parliament was recognised by the makers of our constitution when they considered 1t necessary to incorporate a separate and exclusive article (article 98) in the constitution this article envisages enactment by parliament of a law to regulate the recruitment and conditions of service of persons appointed in the secretanal staff of the house the enactment of such a legislation ts long overdue the unique position of rayya sabha secretariat (council of states) demands, as it does, a special sense of dedication and impartiality from the secretarial staff in the discharge of their duties and requires a broad-based institutional arrangement representing the house to be statutorily made available to assist the chairman in watching and safeguarding the imterests of the secretarial staff in the service of the house and its members this institutional arrangement 1s sought to be made by providing a council of states commission hence this bill y lakshmi prasad financial memorandumclause 3 of the bill seeks to provide for the constitution of a council of states commission its members are the members of the council of states who would be discharging their duties in relation to the commission as its members the expenditure towards the payment of their ta/da, if any, would be a part of the normal expenditure of the house the increase in the expenditure, if any, as a result of constituting the commission would be a marginal one and that would not be possible to be quantified in specific terms at this stage memorandum regarding delegated legislationclause 11 of the bill seeks to confer, on the commission, the power to make rules for carrying out the purposes of this act the matters in respect of which such rules may be made are matters of procedure and administrative details the delegation of legislative power is, therefore, of a normal character

Parliament_bills

8705748f-d1cb-55fd-8ce9-6088fa9cb1cf

financial memorandumclause 3 of the bill provides for setting up of a price regulatory authority to determine the price of each commodity and service clause 5 provides that the authority shall give wide publicity to prices fixed by it 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 one crore is likely to be involved a non-recurring expenditure of about rupees one crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to frame 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

Parliament_bills

f98d7ad6-8ab8-5324-b10b-eb68bf3e0aef

bill no xxv of 2009 the industrial disputes (amendment) bill, 2009 a billfurther to amend the industrial disputes act, 1947be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the industrial disputes (amendment) act, 2009(2) it shall come into force at once statement of objects and reasonsdisputes arising out of discharge, dismissal and retrenchment or termination of service are treated as industrial disputes and can be raised for their reference for adjudication by the appropriate government in view of the provision of section 2a of the industrial disputes act, 1947 as the reference by the appropriate government may cause delay in adjudication of the industrial dispute, the supreme court in rajasthan srt corporation v/s krishna kant air 1995-sc-1715 has recommended to incorporate a provision enabling a workman to approach the labour court, industrial tribunal directly, ie, without the requirement of a reference by the government in case of the industrial dispute covered by section 2a of the industrial disputes act, 1947 as such, it is expedient to amend the industrial disputes act, 1947hence this billkumar deepak das annexure extract from the industrial disputes act 1947 (14 of 1947) "2a dismissal, etc, of an individual workman to be deemed to be an industrial dispute,—where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor an union of workmen is a party to the dispute" rajya sabha———— a billfurther to amend the industrial disputes act, 1947————(shri kumar deepak das, mp)gmgipmrnd—2310rs(s5)—03052010

Parliament_bills

4a26e6b9-d39b-5ed5-8c36-51f6c78c13e4

bill no 8 of 2018 the consumer goods price fixation board bill, 2018 byshri rajesh ranjan, mp a billto provide for establishment of a board for determination of prices of consumer goodsand services commonly used by public in the country and for matters connectedtherewith 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 consumer goods price fixation board act, 2018 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—5(a) "board" means the consumer goods price fixation board constituted undersection 4;(b) "consumer goods" means any grocery item including milk, bread, cookingoils, cosmetic items, cloths, vegetables, fruits, finished goods or services which are commonly used by public and such other items as the central government may, by notification, in this regard, notify;(c) "prescribed" means prescribed by the rules made under this act; and68 of 1986(d) words and expressions used in this act but not defined and defined in the consumer protection act, 1986, shall have the meaning respectively assigned to them in that act53 notwithstanding anything contained in any other law for the time being in force, the central government shall fix the price of all the consumer goods and services through the board established under section 4board to fix the price of all the consumer goods and services104 (1) the central government shall, by notification in the official gazette, establish, for achieving the objective mentioned in section 3, a board to be known as the consumer goods price fixation boardestablishment of consumer goods price fixation board(2) the board shall consist of a chairperson and such number of members as may be prescribed for carrying out its functions(3) the salary and allowances payable to, and other terms and conditions of service of the chairperson and members shall be such as may be prescribed(4) the board shall have its office in the capital city of each state and union territory15(5) the board shall have such number of officers and employees as may be necessary for performing its functionsfunctions of the board5 (1) the board shall fix the prices of all the consumer goods and services in the country20(2) the board shall, before fixing the prices, take into account the following factors besides other things:—(i) quality of products;| ( | ii | ) demand and supply of products; ||-----|------|------------------------------------|| ( | iii | ) cost of production; || ( | iv | ) loss during production; || 25 | | |(v) price of accessories or which directly or indirectly affect the price factor of the products and services;(vi) any other relevant factor as may be deemed necessary30(3) the board may fix different prices for different products and services in different states and in accordance with quality of the product and input cost and other relevant factors(4) the board shall, from time to time, after taking into relevant factors revise the prices fixed for different products and services356 the board shall cause to publish the prices fixed for various consumer goods and services in newspaper, radio, television, cable networkpublicity to the prices fixed by board penalty7 if any person contravenes any decision of the board he shall be punished with three years simple imprisonment and a fine which may extend upto rupees fifty thousandoffences by companies| 8 ||------------------------------------------------------------------------------------------------|| or of any rule, direction or order made thereunder is a company, every person who, at the time || the contravention was committed, was in charge of, and was responsible to, the company for || the conduct of business of the company as well as the company, shall be guilty of the || contravention and shall be liable to be proceeded against and punished accordingly: |provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention5(2) notwithstanding anything contained in sub-section (1), where a contravention ofany of the provisions of this act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly10explanation— for the purpose of this section:—(i) "company" means anybody corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firm15power to remove difficulties9 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 difficulty:20provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this actoverriding effect of the act10 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force on the subject and save aforesaid the provisions of the act shall be in addition to and not in derogation of any other law for the time being in force25power to make rules11 (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 reasonsthere are many initiatives that have been taken with the sole objective of protecting the rights of the consumers the government has also brought forward many legislative measures in this regard these legislations would help consumer fight for his rights and are helpful in checking the malpractices but, there is hardly any check on the prices of consumer goods it has been seen that after one percent increase in the taxation or even for no reason, many unscrupulous manufacturers would enhance price of their products, sometimes, manifold there is hardly any relationship between the quality and quantity of their product on the one hand and the price, on the otherthis problem is acute in the rural areas in villages, commodities of such inferior quality are being sold at exorbitant prices of late there has been unbridled rise in the prices of essential commodities and other consumer products the goods of daily use have gone out of the reach of the common man the same is the position of various services commonly used by publicin order to fix the prices of consumer goods and services, it has been proposed that a board shall be set up with its offices in every state and union territories the board, apart from determining the price of products, shall also act as a check on the agencies who increase the prices at their own will since the functions and policies of the board are regulated by the central government, the prices of the product will be uniform throughout the country to some extenthence this billnew delhi;rajesh ranjanjune 30, 2017 financial memorandumclause 4 of the bill provides for establishment of a board for the price fixation of the consumer goods and services the board shall have its offices in the capital city of each state and union territory 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 ten crore is likely to be involved from the consolidated fund of indiaa 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 details only, the delegation of legislative power is of a normal character———— a billto provide for establishment of a board for determination of prices of consumer goods and services commonly used by public in the country and for matters connected therewith or incidental thereto————(shri rajesh ranjan, mp)mgipmrnd—1390ls(s3)—03-08-2018

Parliament_bills

c47d3e8a-4968-5e5a-a1f1-c60013481a7c

bill no 85 of 2015 the micro, small and medium enterprises development (amendment) bill, 2015 a billto amend the micro, small and medium enterprises development act, 2006be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the micro, small and medium enterprises development(amendment) act, 201527 of 2006amendment of section 72 in the micro, small and medium enterprises development act, 2006 (hereinafter referred to as the principal act), in section 7,—(a) in sub-section (1),–(i) in clause (a),—(a) in sub-clause (i), for the words "twenty-five lakh rupees", the words "fifty lakh rupees" shall be substituted;5(b) for sub-clauses (ii) and (iii), the following sub-clauses shall be substituted, namely:—"(ii) a small enterprise, where the investment in plant and machinery is more than fifty lakh rupees but does not exceed ten crore rupees;10(iii) a medium enterprise, where the investment in plant and machinery is more than ten crore rupees but does not exceed thirty crore rupees;";(ii) in clause (b),—(a) in sub-clause (i), for the words "ten lakh rupees", the words"twenty lakh rupees" shall be substituted;15(b) for sub-clauses (ii) and (iii), the following sub-clauses shall be substituted, namely:—"(ii) a small enterprise, where the investment in equipment is more than twenty lakh rupees but does not exceed five crore rupees;20(iii) a medium enterprise, where the investment in equipment is more than five crore rupees but does not exceed fifteen crore rupees;";(b) after sub-section (1), the following sub-section shall be inserted, namely:—25"(1a) the central government may, by notification, vary the investment limits, which shall not exceed thrice the limits, specified in clauses (a) and (b) of sub-section (1) for the purposes of development of micro, small and medium enterprises"; (c) in sub-section (9),—30(i) for the words "criterion of investment", the words "criterion of higher investment" shall be substituted;(ii) for the words "as part of small enterprises", the words "as part of small and medium enterprises" shall be substitutedamendment of section 29353 in the principal act, in section 29, in sub-section (3), for the words and figure "under section 9", the words, brackets, figures and letter "under sub-section (1a) of section 7, section 9" shall be substituted statement of objects and reasonsthe micro, small and medium enterprises development (msmed) act, 2006 was enacted to address policy issues affecting msmes as well as to classify the enterprises as micro, small or medium based on their investments in plant and machinery/equipments the existing limits under the msmed act were fixed in 2006 since then, there has been a significant increase in the price index and cost of inputs there has also been a change in the business environment with many msmes becoming part of the domestic and global value chains hence, it is proposed to amend the msmed act to enhance the existing limit for investment in plant and machinery considering changes in price index and cost of inputs consistent with the emerging role of the msmes in various global value chains2 the msmed act, at present, states that the central government may, while classifying any class or classes of enterprises, vary, from time to time, the criterion of investment and also consider criteria or standards in respect of employment or turnover of the enterprises these provisions enable the central government to classify micro or tiny enterprises or the village enterprises as part of small enterprises the current proposal is to enable central government to classify micro or tiny enterprises or the village enterprises not only as small enterprises but also as medium enterprises this may also be based on criteria of higher investment and also on consideration of criteria or standard in respect of employment or turnover of the enterprises it will open the doors of growth to msmes and will enable them to go to next level of value chain3 since the msmes are defined in the act, any variation could be done only by way of an amendment considering the inflation and dynamic market situation, there is a need to periodically revise the criterion of investment revising the investment limits by way of notification will facilitate timely action hence, it is proposed to amend the msmed act to empower central government to vary by way of a notification, the investment limits, which shall not exceed thrice the limits, specified in clauses (a) and (b) of sub-section (1) of section 7 for the purposes of development of micro, small and medium enterprises4 the bill seeks to achieve the above objectsnew delhi;kalraj mishrathe 18th march, 2015 memorandum regarding delegated legislationsub-clause (b) of clause 2 of the bill seeks to insert sub-section (1a) in section 7 of the micro, small and medium enterprises development act, 2006, so as to empower the central government to vary the investment limits relating to the classification of micro, small and medium enterprises by way of notification2 the matters in respect of which rules may be made under the proposed legislature are 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 annexure extracts from the micro, small and medium enterprises development act, 2006 (27 of 2006) chapter iii classification of enterprises, advisory committee and memorandum of micro, small and medium enterprisesclassification of enterprises65 of 19517 (1) notwithstanding anything contained in section 11b of the industries(development and regulation) act, 1951, the central government may, for the purposes of this act, by notification and having regard to the provisions of sub-sections (4) and (5),classify any class or classes of enterprises, whether proprietorship, hindu undivided family, association of persons, co-operative society, partnership firm, company or undertaking, by whatever name called,—65 of 1951(a) in the case of the enterprises engaged in the manufacture or production ofgoods pertaining to any industry specified in the first schedule to the industries (development and regulation) act, 1951, as—(i) a micro enterprise, where the investment in plant and machinery doesnot exceed twenty-five lakh rupees;(ii) a small enterprise, where the investment in plant and machinery is morethan twenty-five lakh rupees but does not exceed five crore rupees; or(iii) a medium enterprise, where the investment in plant and machinery ismore than five crore rupees but does not exceed ten crore rupees; (b) in the case of the enterprises engaged in providing or rendering of services,as—(i) a micro enterprise, where the investment in equipment does not exceedten lakh rupees;(ii) a small enterprise, where the investment in equipment is more than tenlakh rupees but does not exceed two crore rupees; or(iii) a medium enterprise, where the investment in equipment is more thantwo crore rupees but does not exceed five crore rupeesexplanation 1— for the removal of doubts, it is hereby clarified that in calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified, by notification, shall be excluded65 of 1951explanation 2— it is clarified that the provisions of section 29b of the industries(development and regulation) act, 1951, shall be applicable to the enterprises specified in sub-clauses (i) and (ii) of clause (a) of sub-section (i) of this section65 of 1951 61 of 1956(9) notwithstanding anything contained in section 11b of the industries (development and regulation) act, 1951 and clause (h) of section 2 of the khadi and village industries commission act, 1956, the central government may, while classifying any class or classes of enterprises under sub-section (1), vary, from time to time, the criterion of investment and also consider criteria or standards in respect of employment or turnover of the enterprises and include in such classification the micro or tiny enterprises or the village enterprises, as part of small enterprises 29 (1) power to make rules(3) every notification issued under section 9 and every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or rule or both houses agree that the notification or rule should not be made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule ———— a billto amend the micro, small and medium enterprises development act, 2006————(shri kalraj mishra, minister of micro, small and medium enterprises) the micro, small and medium enterprises development (amendment) bill, 2015 [to be/as introduced in lok sabha] 1 page 3, in line 4 of paragraph no 2,- for "enable the central government" read "enable central government" new delhi; april 13, 2015 ______ chaitra 23, 1937 (saka)

Parliament_bills

ba2720a8-13e9-5bbb-b9e0-781b740eb368

bill no xliii of 2014 the representation of the people (amendment) bill, 2014 a billfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the representation of the people (amendment) act, 2014short title and commencement(2) it shall come into force on such date, as the central government may, bynotification in the official gazette, appoint5amendment of section 7743 of 19512 in section 77 of the representation of the people act, 1951 (hereinafter referred to asthe principal act), for sub-section (3), the following shall be substituted, namely:—"(3) nothing contained in this act shall be construed to impose a limit on the amount of expenditure, that can be incurred by a candidate or his election agent in connection with the election"103 in section 123 of the principal act, sub-section (6) shall be omittedamendment of section 123 statement of objects and reasonselections entail significant legitimate expenditure on the part of candidates and political parties who want to convey their message to the people however, india limits campaign spending and such limit have been set at an impractically low level a candidate who exceeds the prescribed limit faces disqualification in practice, such limits prevent honest and correct disclosure of candidates' expenditures and drive election expenditures undergroundthese negative impacts of election expenditure limits are counterproductive to healthy democratic competition removing election spending limits will promote open, publicly visible expenditure, induce honest reporting by candidates, and curb the use of black money in the electoral processhence this billmv rajeev gowda annexure extracts from the representation of the people act, 1951 (43 of 1951) 77 account of election expenses and maximum thereof—(1) every candidate at an election shall either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive 123 corrupt practices—the following shall be deemed to be corrupt practices for the purposes of this act:—(1) "bribery", that is to say—(a) any gift, offer or promise by a candidate or his agent or by any other person with the consent of candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing—(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or(b) an elector to vote or refrain from voting at an election, or as a reward to—(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or(ii) an elector for having voted or refrained from voting;(b) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward—(a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being, a candidate; or(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting for any candidate to withdraw or not to withdraw his candidatureexplanation—for the purposes of this clause the term "gratification" is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and for election and duly entered in the account of election expenses referred to in section 78(2) undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his election agent, with the free exercise of any electoral right: representation of the people act, 1951 (part ii—acts of parliament)provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be corrupt practice under this clauseexplanation—in this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise(6) the incurring or authorizing of expenditure in contravention of section 77 (7) the obtaining or procurring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the government and belonging to any of the following classes, namely:—(a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the union; (d) members of the police forces; (e) excise officers;(f) revenue officers other than village revenue officers known as lambardars, malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police function; and(g) such other class or persons in the service of the government as may be prescribed: provided that where any person, in the service of the government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reasons), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election(8) booth capturing by a candidate or his agent or other person rajya sabha————— a bill further to amend the representation of the people act, 1951—————(prof mv rajeev gowda, mp)gmgipmrnd—3812rs(s3)—18122014

Parliament_bills

296fb622-4830-55f2-8a3a-ec9c71ba5131

bill no xxxiv of 2017 the flood and drought control bill, 2017 a billto provide for the setting up of a national flood and drought control board to control flood and drought and for matters connected therewith and incidental thereto whereas entry 56 of list i-union list of the seventh schedule to the constitution provides for regulation and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest;and whereas a lot of havoc is caused by floods and drought every year in almost all parts of the country;and whereas it is expedient in the public interest to take effective measures for flood control and checking droughtbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the flood and drought control act, 2017short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such a date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—5(a) "board" means the national flood and drought control board established under section 3 of this act; and(b) "prescribed" means prescribed by rules made under this act103 (1) the central government shall establish, by notification in the official gazette, a board to be known as the national flood and drought control board for performing functions assigned under this actestablishment of the national flood anddroughtcontrol board(2) the head office of the board shall be at national capital territory of delhi or at such other place, as the central government may by notification in the official gazette establish(3) the board shall consist of,—15(a) a chairperson, who shall be an expert dealing with flood and drought control, to be appointed by the central government; and(b) a member each from every state government and union territory, who shall be expert on flood control measures and drought management, to be nominated by the central government in such manner as may be prescribed20(4) the salary and allowances payable to and other terms and conditions of service of the chairperson and other members of the board shall be such as may be prescribed(5) the central government shall make available to the board such officers and staff as may be required for efficient functioning of the board4 the functions of the board shall be,—functions of board25(a) to identify areas which are prone to floods and droughts; (b) to suggest measures for flood and drought control; (c) to make a time bound plan for inter-linking of rivers which are prone to floodswith the ones which are not;30(d) to suggest measures for the development of land in areas which are prone tofloods and drought;(e) to install flood forecasting system in such areas which are prone to floodsand warn the inhabitants in those areas to move out to safer places in case floods and droughts are forecast in the area;35(f) advise the state governments on the preventive measures and rescue andrehabilitation during floods; and(g) advise the state governments for proper storage of rain water and constructionof dams405 the expenditure involved in the flood and drought control measures as suggested by the board shall be borne by the central government and the state governments in such ratio, as may be determined by the boardratio of expenditure to be borne by the central and state government recommendations of the board6 (1) the board shall from time to time make recommendations to the central government on the flood and drought control measures(2) the central government shall implement, as far as practicable, all the recommendations of the board:5provided that where it is felt that any recommendation of the board cannot beimplemented due to any reason, the central government may, for the reasons to be recorded in writing inform the board, accordinglyannual report7 the board shall prepare once in every financial year, in such form as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government which shall cause the same to be laid before each house of parliament10power to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act15(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 reasonsindia is the land of many great rivers floods occur in almost all river basins of the country and at the same time many parts of the country are affected by drought the water resources of the country are not being fully utilized every year there are floods which cause immense loss of life and property and the same can be said about drought whereas in some parts of the country there are floods, there is drought in other parts the national resources, flora and fauna are damaged by floods the problem, therefore, needs to be addressed urgently to mitigate the effects of floods and droughts therefore, it is expedient in public interest to evolve an integrated and scientific approach to the flood control and dealing with droughts and to draw out a national plan fixing priorities for implementation of strategies in the future the bill seeks to provide for the setting up of a national flood and droughts control board to suggest measures to prevent and control floods and to mitigate droughts in the countryhence this billdr t subbarami reddy financial memorandumclause 3 of the bill provides for setting up of a national flood and drought control board clause 5 provides that the expenditure on flood control measures suggested by the board shall be borne by the central government and the state governments the bill, therefore, if enacted, would involve expenditure from the consolidated fund of the respective state and the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred crore per annum a non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to frame rules for carrying out the purposes of the bill the rules will relate to matters of administrative details and procedure and as such the delegation of legislative power is of a normal character rajya sabha———— a billto provide for the setting up of a national flood and drought control board to control flood and drought and for matters connected therewith and incidental thereto————(dr t subbarami reddy, mp)gmgipmrnd—2891rs(s3)—15122017

Parliament_bills

58b0fefa-c5c5-5e67-a43b-88277f8ed904

bill no 330 of 2015 the right of children to free and compulsory education (amendment) bill, 2015 byshri rahul shewale, mp a billfurther to amend the right of children to free and compulsory education act, 2009be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the right of children to free and compulsory education(amendment) act, 2015short title and commencement(i) clause (f) shall be omitted; and(ii) after clause (o), the following clause shall be inserted, namely:—'(oa) "secondary education" means the education from first class to tenth class;'3 in the principal act,—5(i) for the words "fourteen years" wherever they occur, the words "sixteen years" shall be substituted; andsubstitution of references to certain expressions by certain other expressions(ii) for the words "elementary education" wherever they occur, the words"secondary education" shall be substituted 4 in the schedule to the principal act,—amendment of the schedule10(i) in entry 1, in column (2), under the heading 'item', for the words "eighth class", the words "tenth class" shall be substituted; and(ii) in entry 3, in column (3), under the heading 'norms and standards' after"(iv) one thousand instructional hours per academic year for sixth class to eighth class" the figures and words "(v) one thousand and two hundred instructional hours per academic year for ninth and tenth class" shall be inserted15 statement of objects and reasonsafter our independence, right of children to free and compulsory education act,2009 is one of the most important legislation the act was enacted considering a heavy drop out of children from school due to various reasons one of the reasons that was attributed is the financial condition of the parents and another was that the parents were not willing to send their children to schools but instead engage them in gainful employment in order to meet both ends after enactment of the act there has been a considerable decrease in the drop out of children from the schools the act is achieving its purpose very well and is high time that the ambit of the act be extended upto secondary education since almost every school has necessary infrastructure to impart education upto tenth class, or even twelfth class, there is no reason why children are not given free education upto secondary educationthis bill seeks to achieve the above objectivenew delhi;rahul shewalenovember 13, 2015 financial memorandumclause 3 of the bill seeks to extend the free and compulsory education from elementary education to secondary education 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 ten thousand crore may be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be involved annexureextract from the right of children to free and compulsory education act, 2009(act no 35 of 2009) 2 (f) "elementary education" means the education from first class to eighth class;amendment of section 2 the schedule(see sections 19 and 25) norms and standards for a school| sl no | item | norms and standards ||--------------------------------|---------------------------|-----------------------------------|| 1 | number of teachers: | || ( | a | ) || ( | b | ) for sixth class to eighth class || 2 | | || 3 | minimum number of working | ( || days/instructional hours in an | | || academic year | | |(iv) one thousand instructional hours per academic year for sixth class to eighth class lok sabha———— a billfurther to amend the right of children to free and compulsory education act, 2009————(shri rahul shewale, mp)gmgipmrnd—3084ls(s3)—09122015

Parliament_bills

8a873539-41d4-5965-b9c1-51d9b5cefeb4

bill no 107 of 2011 the north-eastern areas (reorganisation) amendment bill, 2011 a billfurther to amend the north-eastern areas (reorganisation) act, 1971be it enacted by parliament in the sixty-second year of the republic of india as follows:—short title and commencement1 (1) this act may be called the north-eastern areas (reorganisation) amendment act, 2011(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in section 61 of the north-eastern areas (reorganisation) act, 1971, for sub-section(3), the following sub-sections shall be substituted, namely:—amendment of section 61 of act 81 of 1971"(3) on and from the date of commencement of the north-eastern areas(reorganisation) amendment act, 2011, there shall be constituted each for the state of manipur and for the state of tripura a separate cadre of the indian administrative service, a separate cadre of the indian police service and a separate cadre of the indian forest service(3a) the initial strength and composition of the state cadres referred to in sub-section (1) shall be such as the central government may, by order, determine before the date of commencement of the north-eastern areas (reorganisation) amendment act, 2011510(3b) the members of each of the said services borne on the joint cadre for the states of manipur and tripura in each category of the all-india services immediately before the commencement of the north-eastern areas (reorganisation) amendment act, 2011 shall be allocated to the state cadres of the same service constituted under sub-section (1) in such manner and with effect from such date or dates as the central government may, by order, specify(3c) nothing in this section shall be deemed to affect the operation, on or after the commencement of the north-eastern areas (reorganisation) amendment act, 2011, of the all-india services act, 1951, or the rules and regulations made thereunder"61 of 1951 statement of objects and reasonsthe north-eastern areas (reorganisation) act, 1971 was enacted with a view to providing for the establishment of the states of manipur and tripura and also for the formation of the state of meghalaya and for matters connected therewith2 section 61 of the aforesaid act contains provisions relating to the all-india servicessub-section (3) of the said section provides for the constitution of a joint cadre each of the indian administrative service, the indian police service and the indian forest service for the states of manipur and tripura the law relating to recruitment and conditions of service of persons appointed to the all-india services is contained in the all-india services act, 1951 and the rules and regulations made thereunder3 at present, there is a joint cadre of the all-india services for the states of manipur and tripura the demand for bifurcation of the joint manipur and tripura cadre in respect of each of the aforesaid services was initially raised by the then chief minister of tripura in the year 2004 the issue was discussed in several review meetings a meeting of the cadre controlling authorities of the all-india services, namely, the department of personnel and training, the ministry of home affairs and the ministry of environment and forests was convened on the 12th january, 2009 wherein it was recommended to split the joint manipur and tripura all-india service cadres into two independent state cadres the proposal for splitting the joint manipur and tripura cadre of the all-india services was considered by the central government after consultation with the stakeholders4 accordingly, it is proposed to amend section 61 of the north-eastern areas(reorganisation) act, 1971 relating to all-india services to give effect to the said proposal5 the bill seeks to achieve the above objectsnew delhi; p chidambaramthe 21st november, 2011 financial memorandumclause 2 of the bill seeks to amend section 61 of the north-eastern areas(reorganisation) act, 1971 so as to constitute separate cadres of certain all-india services, namely, the indian administrative service, the indian police service and the indian forest service for the states of manipur and tripura respectively, by splitting up of the existing joint cadre for the said states the expenditure on these services would be borne by the respective state governments and hence no separate expenditure from the consolidated fund of india, both recurring and non-recurring, is involved annexure extract from the north-eastern areas (reorganisation) act, 1971 (81 of 1971) part viii provisions as to services61 (1) provisions relating to all- india services(3) on and from the appointed day, there shall be constituted for the states of manipur and tripura a joint cadre of the indian administrative service, a joint cadre of the indian police service and a joint cadre of the indian forest service———— a billfurther to amend the north-eastern areas (reorganisation) act, 1971————(shri p chidambaram, minister of home affairs)gmgipmrnd—2732ls(s3)—28-11-2011

Parliament_bills

44307c29-eb74-5992-a716-e6ca2df14c4e

bill no 234 of 2016 the consumer protection (amendment) bill, 2016 bydr sanjay jaiswal, mpa billfurther to amend the consumer protection act, 1986be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the consumer protection (amendment) act, 2016short title and commencement statement of objects and reasonsthe consumer protection act, 1986 was enacted to provide better protection of the interests of consumers for the services rendered to them however, the services rendered by lawyers or advocates are not covered under the purview of the act despite the fact that they provide professional service to their clients the inclusion of services of lawyers or advocates under the act will not only make the advocates accountable to their client but will also improve the delivery of servicesthe bill, therefore, seeks to amend the consumer protection act, 1986 with a view to include the services of advocates within the purview of this acthence this billnew delhi;sanjay jaiswaljuly 18, 2016 annexure extracts from the consumer protection act, 1986 (no 68 of 1986) definitions2 (1) in this act, unless the context otherwise requires,— (o) "service" means service of any description which is; made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; ———— a billfurther to amend the consumer protection act, 1986————(dr sanjay jaiswal, mp)gmgipmrnd—2612(s3)—04102016

Parliament_bills

20cc1211-93f2-501e-997b-ef2e4d487bc5

bill no 303 of 2015 the special financial assistance to santhal pargana region of the state of jharkhand bill, 2015 byshri nishikant dubey, mp a billto provide for special financial assistance to the santhal pargana region of the state of jharkhand for the purpose of promoting the welfare of the scheduled castes, the scheduled tribes and the other backward classes of the persons and for the development, exploitation and proper utilization of its resourcesbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the special financial assistance to the santhal pargana region of the state of jharkhand act, 2015special financial assistance to the santhal pargana of jharkhand52 there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may by due appropriation provide, as special financial assistance to the santhal pargana region of the state of jharkhand to meet the costs of such schemes of development, as may be undertaken by the state with the approval of the union government for the purpose of promoting the welfare of the scheduled castes, the scheduled tribes and other backward classes of persons or for the development, proper utilization and exploitation of the resources in the state3 the provision of this act shall be in addition to and not in derogation of any other law to be made by parliament or for the time being in forceact not in derogation of other law statement of objects and reasonsthe santhal pargana region of the state of jharkhand is socially and economically backward the problems of poverty, unemployment, illiteracy as well as measures for proper utilization of resources, welfare of weaker sections in the region are required to be addressed urgently by initiating new development schemes in a time-bound manner being a border area, santhal pargana of jharkhand is strategically located and it is in the nation's interest that its development needs are addressed it is, therefore, necessary that the central government should provide special financial assistance to the region of santhal pargana of jharkhand for its all-round development including the welfare of weaker sections and for the development and exploitation of its vast resources such a step of providing financial assistance to this region would go a long way in building this nation more and more stronghence this billnew delhi;nishikant dubeynovember 13, 2015 financial memorandumclause 2 of the bill provides that there shall be paid such sums of moneys out of the consolidated fund of india, every year, as parliament may, by due appropriation, provide as special financial assistance to the region of santhal pargana of jharkhand to meet the costs of such schemes of development, as may be undertaken by the state with the approval of the central governmentthe bill, therefore, on enactment will involve expenditure out of the consolidated fund of india for providing special financial assistance to the region of santhal pargana of the state of jharkhand as the sums of moneys which will be given to the region of santhal pargana of jharkhand as special financial assistance by appropriation by law made by parliament will be known only after the welfare schemes to be implemented by the state government with the approval of the government of india are identified it is not possible to give the estimates of recurring expenditure, which would be involved out of the consolidated fund of india at this stageno non-recurring expenditure is likely to be incurred from the consolidated fund of india———— a billto provide for special financial assistance to the santhal pargana region of the state ofjharkhand for the purpose of promoting the welfare of the scheduled castes, thescheduled tribes and the other backward classes of the persons and for thedevelopment, exploitation and proper utilization of its resources————(shri nishikant dubey, mp)gmgipmrnd—2857ls(s3)—08122015

Parliament_bills

5c324758-f149-586f-86e4-2815ab31e305

bill no 101 of 2021 the essential defence services bill, 2021 a billto provide for the maintenance of essential defence services so as to secure the security of nation and the life and property of public at large and for matters connected therewith or incidental theretobe it enacted by parliament in the seventy-second year of the republic of india as follows:—1 (1) this act may be called the essential defence services act, 2021(2) it extends to the whole of indiadefinitions2 (1) in this act, unless the context otherwise requires,—(a) "essential defence services" means—5(i) any service in any establishment or undertaking dealing with production of goods or equipment required for any purpose connected with defence;(ii) any service in any establishment of, or connected with, the armed forces of the union or in any other establishment or installation connected with defence;10(iii) any service in any section of any establishment connected with defence, on the working of which the safety of such establishment or employee employed therein depends;(iv) any other service, as the central government may, by notification in the official gazette, declare to be essential defence services, the cessation of work of which would prejudicially affect the—15(i) production of defence equipment or goods; or (ii) operation or maintenance of any industrial establishment or unit engaged in production of goods or equipment required for any purpose connected with defence; or(iii) repair or maintenance of products connected with defence;20(b) "strike" means the cessation of work, go-slow, sit down, stay-in, token strike, sympathetic strike or mass casual leave, by a body of persons engaged in the essential defence services, acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or have been so engaged to continue to work or to accept employment, and includes—25(i) refusal to work overtime, where such work is necessary for the maintenance of the essential defence services;(ii) any other conduct which is likely to result in, or results in, cessation or retardation or disruption of work in the essential defence services30(2) words and expressions used herein and not defined but defined in the industrial disputes act, 1947, shall have the meanings respectively assigned to them in that act14 of 19473 (1) if the central government is satisfied that in the—(a) public interest; or (b) interest of the sovereignty and integrity of india; or power to prohibit strikes in essential defence services(c) security of any state; or (d) public order; or35(e) decency; or (f) morality, it is necessary or expedient so to do, it may, by general or special order, prohibit strikes in the essential defence services40(2) an order made under sub-section (1) shall be published in such manner as the central government may deem fit to bring it to the notice of the persons affected by such order45(3) an order made under sub-section (1) shall be in force for six months, but the central government may, by a like order, extend it for any period not exceeding six months, if it is satisfied that in the public interest it is necessary or expedient so to do(4) upon the issue of an order made under sub-section (1)—(a) no person engaged in the essential defence services shall go or remain on strike;5(b) any strike declared or commenced, whether before or after the issue of such order, by persons engaged or employed in such services shall be illegalremoval of persons4 where any order has been issued under sub-section (1) of section 3, any police officer may take all such measures as such officer may deem fit including the use of police force, if he considers necessary, to remove any person, whose presence in any area connected with the—10(a) defence equipment production services; or(b) operation or maintenance of any industrial establishment or unit engaged in production or manufacturing of goods or equipment required for any purpose connected with defence; or(c) repair or maintenance of products connected with defence,15would be prejudicial to the functioning, safety or maintenance of the essential defence services5 (1) any person—(a) who commences a strike which is illegal under this act or goes or remains on, otherwise takes part in, any such strike; ordismissal of employees participating in illegal strikes20(b) who instigates or incites other persons to commence, or go or remain on, or otherwise take part in, any such strike,25shall be liable to disciplinary action (including dismissal) in accordance with the same provisions as are applicable for the purpose of taking such disciplinary action (including dismissal) on any other ground under the terms and conditions of service applicable to him in relation to his employment30(2) notwithstanding anything contained in any other law for the time being in force or under the terms and conditions of service applicable to any person employed in the essential defence services, before dismissing any person under sub-section (1), no inquiry shall be necessary if the authority empowered to dismiss or remove such person is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquirypenalty for illegal strikes356 any person, who commences a strike which is illegal under this act or goes or remains on, or otherwise takes part in, any such strike, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees, or with bothpenalty for instigation, etc7 any person, who instigates or incites other persons to take part in, or otherwiseacts in furtherance of, a strike which is illegal under this act, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to fifteen thousand rupees, or with both408 any person, who knowingly expends or supplies any money in furtherance orsupport of a strike which is illegal under this act, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to fifteen thousand rupees, or with bothpenalty for giving financial aid to illegal strikes9 (1) if the central government is satisfied that in the—45(a) public interest; or (b) interest of the sovereignty and integrity of india; or (c) security of any state; orpower to prohibit lockouts in any industrial establishment or unit engaged in essential defence services (d) public order; or (e) decency; or (f) morality,5it is necessary or expedient so to do, it may by general or special order, prohibit lock-outs in the industrial establishments or units engaged in the essential defence services(2) an order made under sub-section (1) shall be published in such manner as the central government may deem fit to bring it to the notice of the persons affected by such order10(3) an order made under sub-section (1) shall be in force for six months, but the central government may, by a like order extend it for any period not exceeding six months, if it is satisfied that in the public interest it is necessary so to do(4) upon the issue of an order under sub-section (1),— (a) no employer engaged in the essential defence services shall commence any lock-out; and15(b) any lock-out declared or commenced, whether before or after the issue of such order, by any employer engaged in the essential defence services shall be illegal20(5) any employer of an industrial establishment or unit engaged in the essential defence services, who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this section, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees, or with both10 (1) if the central government is satisfied that in the—(a) public interest; or25(b) interest of the sovereignty and integrity of india; or (c) security of any state; or (d) public order; or power to prohibit layoff in any industrial establishment or unit engaged in essential defence services(e) decency; or (f) morality,30it is necessary or expedient so to do, it may, by general or special order, prohibit lay-off, on any ground other than shortage of power or natural calamity, of any workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of any industrial establishment or unit engaged in the essential defence services35(2) an order made under sub-section (1) shall be published in such manner as the central government may deem fit to bring it to the notice of the persons affected by the order (3) an order made under sub-section (1) shall be in force for six months, but the central government may, by a like order, extend it for any period not exceeding six months, if it is satisfied that in the public interest it is necessary or expedient so to do40(4) upon the issue of an order under sub-section (1),—(a) no employer in relation to an establishment to which such order applies shall lay-off or continue the lay-off any workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of any industrial establishment or unit engaged in the essential defence services, unless such lay-off is due to shortage of power or natural calamity, and any laying-off or continuation of laying-off shall, unless such laying-off or continuation of laying-off is due to shortage of power or natural calamity, be illegal;5(b) a workman whose laying-off is illegal under clause (a) shall be entitled toall the benefits under any law for the time being in force as if he had not been laid-off(5) any employer, of an industrial establishment or unit engaged in the essential defence services, who lays-off or continues the laying-off of any workman shall, if such laying-off or continuation of laying-off is illegal under this section, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees, or with both102 of 1974power to arrest without warrant11 notwithstanding anything contained in the code of criminal procedure, 1973, anypolice officer may arrest without warrant any person who is reasonably suspected to have committed any offence under this act152 of 1974offences to be tried summarily12 notwithstanding anything contained in the code of criminal procedure, 1973, alloffences under this act shall be tried in a summary way by any metropolitan magistrate or any judicial magistrate of the first class, specially empowered in this behalf by the state government and the provisions of sections 262 to 265 (inclusive) of the said code shall, as far as may be, apply to such trial:20provided that in a case of conviction for any offence in a summary trial under thissection, it shall be lawful for such magistrate to pass a sentence of imprisonment for any term for which such offence is punishable under this act2 of 1974cognizance of offences13 notwithstanding anything contained in the code of criminal procedure, 1973, alloffences punishable under this act shall be cognizable and non-bailable25reference of other laws in certain areas14 any reference in this act to any law which is not in force in any area and to anyauthority under such law shall, in relation to that area, be construed as a reference to the corresponding law in force in that area and to the corresponding authority under such corresponding lawprotection of action taken in good faith15 no suit, prosecution or other legal proceedings shall lie against the centralgovernment or any officer for anything which is in good faith done or intended to be done under this act30act to override other laws14 of 194716 the provisions of this act and of any order issued thereunder shall have effectnotwithstanding anything inconsistent therewith contained in the industrial disputes act, 1947, or in any other law for the time being in force35amendment of act 14 of 194717 in the industrial disputes act, 1947, in section 2, in clause (n), in sub-clause (ia),for the words "or dock", the words "or dock or any industrial establishment or unit engaged in essential defence services" shall be substitutedlaying of notifications before parliament404518 every notification issued under this act shall be laid, as soon as may be after it ismade 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 such notification or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification19 (1) the essential defence services ordinance, 2021is hereby repealedord 7 of 2021repeal and savings(2) notwithstanding such repeal, anything done or any action taken under the provisionsof the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsindian ordnance factories is the oldest and largest industrial setup which functions under the department of defence production of the ministry of defence the ordnance factories form an integrated base for indigenous production of defence hardware and equipment, with the primary objective of self reliance in equipping the armed forces with state of the art battlefield equipments in order to improve autonomy, accountability and efficiency in ordnance supplies, the government decided to convert the ordnance factory board into one or more one hundred per cent government owned corporate entity or entities to be registered under the provisions of the companies act,20132 against the said decision, the recognised federations of the employees gave a notice for an indefinite strike the conciliation proceedings initiated by the government at the level of chief labour commissioner failed in the meeting held on the 15th june, 2021 on the 16th june, 2021, the government decided to convert the ordnance factory board into seven defence public sector undertakings3 in spite of the government's assurance to take care of the conditions of service of the employees of the ordnance factory board, the recognised federations of the employees have reiterated their intention to go on indefinite strike from 26th july, 20214 since, it is essential that an uninterrupted supply of ordnance items to the armed forces be maintained for the defence preparedness of the country and the ordnance factories continue to function without any disruptions, especially in view of the prevailing situation on the northern front of the country, it was felt necessary that the government should have power to meet the emergency created by such attempts and ensure the maintenance of essential defence services in all establishments connected with defence, in public interest or interest of the sovereignty and integrity of india or security of any state or decency or morality5 as parliament was not in session and urgent legislation was required to be made, the president promulgated the essential defence services ordinance, 2021 on the 30th june, 2021, which, inter alia, provides for the following, namely:—(a) to define the expressions "essential defence services" and "strike"; (b) to empower the central government to prohibit strike in essential defenceservices;(c) to provide for disciplinary action, including dismissal, against employeesparticipating in strike;(d) to provide for penalties for illegal strikes, instigation thereof andproviding for financial aid to such illegal strikes;(e) confer power on any police officer to arrest without warrant any personwho is reasonably suspected to have committed any offence under the proposed legislation6 the essential defence services bill, 2021 seeks to replace the aforesaid ordinance new delhi; rajnath singh the 13th july, 2021 memorandum regarding delegated legislationsub-clause (1) of clause 2 of the bill empowers the central government to declare, by notification in the official gazette, any other service other than those specified in the said sub-clause to be essential defence services, the cessation of work of which would prejudicially affect the production of defence equipment or goods; or the operation or maintenance of any industrial establishment or unit engaged in production of goods or equipment required for any purpose connected with defence; or repair or maintenance of products connected with defence2 sub-clause (1) of clause 3 of the bill empowers the central government to prohibit strikes in the essential defence services by general or special order, if it is satisfied that in the public interest; or interest of the sovereignty and integrity of india; or security of any state; or public order; or decency; or morality, it is necessary or expedient so to do3 sub-clause (1) of clause 9 of the bill empowers the central government to prohibit lock-outs in any industrial establishment or unit engaged in essential defence services by general or special order, if it is satisfied that in the public interest; or interest of the sovereignty and integrity of india; or security of any state; or public order; or decency; or morality, it is necessary or expedient so to do4 sub-clause (1) of clause 10 of the bill empowers the central government to prohibit lay-off on any ground other than shortage of power or natural calamity, of any workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of any industrial establishment or unit engaged in the essential defence services, by general or special order, if it is satisfied that in the public interest; or interest of the sovereignty and integrity of india; or security of any state; or public order; or decency; or morality, it is necessary or expedient so to do5 the matters in respect of which the aforementioned notification or orders may be issued are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character annexure extract from the industrial disputes act, 1947 (14 of 1947) definitions2 in this act, unless there is anything repugnant in the subject or context,— (n) "public utility service" means— (ia) any service in, or in connection with the working of, any major port or dock; ———— a billto provide for the maintenance of essential defence services so as to secure the security of nation and the life and property of public at large and for matters connected therewith or incidental thereto————

Parliament_bills

a170fbaf-8c54-5ad5-9a34-55b41a748aa8

the rani lakshmi bai central agricultural university bill, 2012________ arrangement of clauses_________ clauses1 short title and commencement 2 definitions 3 the university 4 objects of the university 5 powers of the university 6 jurisdiction 7 university open to all classes, castes and creed 8 the visitor 9 officers of the university10 the chancellor 11 the vice-chancellor 12 deans and directors 13 the registrar 14 the comptroller 15 other officers 16 authorities of the university 17 the board of management 18 the academic council 19 the research council 20 the extension education council 21 the finance committee 22 faculties 23 the board of studies 24 other authorities 25 power to make statutes 26 statutes how to be made 27 power to make ordinances 28 regulations 29 annual report 30 annual accounts clauses31 conditions of service of employees 32 procedure of appeal and arbitration in disciplinary cases against students 33 right to appeal 34 provident and pension funds 35 disputes as to constitution of university authorities 36 constitution of committees 37 filling of casual vacancies 38 proceedings of the university authorities not invalidated by vacancy 39 protection of action taken in good faith 40 mode of proof of university records 41 power to remove difficulties 42 transitional provisions 43 statutes, ordinances and regulations to be published in the official gazette and tobe laid before parliamentthe schedule bill no x of 2012 the rani lakshmi bai central agricultural university bill, 2012 a billto provide for the establishment and incorporation of a university for the bundelkhand region for the development of agriculture and for the furtherance of the advancement of learning and prosecution of research in agriculture and allied sciences in that region be it enacted by parliament in the sixty-third year of the republic of india as follows:— 1 (1) this act may be called the rani lakshmi bai central agricultural university 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, appoint5definitions2 in this act, and in all statutes made hereunder, unless the context otherwise requires,— (a) "academic council" means the academic council of the university; (b) "academic staff" means such categories of staff as are designated as academic staff by the ordinances;5(c) "agriculture" means the basic and applied sciences of the soil and water management, crop production including production of all garden crops, control of plants, pests and diseases, horticulture including floriculture, animal husbandry including veterinary and dairy science, fisheries, forestry including farm forestry, homescience, agricultural engineering and technology, marketing and processing of agricultural and animal husbandry products, land use and management;(d) "board" means the board of management of the university; (e) "board of studies" means the board of studies of the university;10(f) "bundelkhand" means the area covering seven districts, namely banda, chitrakoot, hamirpur, jalaun, jhansi, lalitpur and mahoba of uttar pradesh and six districts, namely chhatarpur, damoh, datia, panna, sagar and tikamgarh of madhya pradesh;(g) "chancellor" means the chancellor of the university;15(h) "college" means a constituent college of the university whether located at the headquarters, campus or elsewhere;(i) "department" means a department of studies of the university; (j) "employee" means any person appointed by the university and includes teachers and other staff of the university;20(k) "extension education" means the educational activities concerned with the training of orchardists, farmers and other groups serving agriculture, horticulture, fisheries and improved practices related thereto and the various phases of scientific technology related to agriculture and agricultural production including post harvest technology and marketing;25 (l) "faculty" means faculty of the university; (m) "ordinances" means the ordinances of the university; (n) "regulations" means the regulations made by any authority of the university;(o) "research advisory committee" means the research advisory committee of the university;30(p) "statutes" means the statutes of the university; (q) "student" means a person enrolled in the university for undergoing a course of studies for obtaining a degree, diploma or other academic distinction duly instituted;35(r) "teachers" means professors, associate professors, assistant professors, teaching faculty members and their equivalent appointed for imparting instruction or conducting research or extension education programmes or combination of these in the university, college or any institute maintained by the university and designated as teachers by the ordinances;(s) "university" means the rani lakshmi bai central agricultural university established under this act;40(t) "vice-chancellor" means the vice-chancellor of the university; (u) "visitor" means the visitor of the universitythe university 3 (1) there shall be established a university by the name of the "rani lakshmi bai central agricultural university" (2) the headquarters of the university shall be at jhansi in the state of uttar pradesh and it may also establish campuses at such other places within its jurisdiction as it may deem fit:provided that the university shall, initially establish two colleges at jhansi in the state of uttar pradesh and subsequently two colleges in the state of madhya pradesh510(3) the first chancellor and the first vice-chancellor and the first members of the board, the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of the rani lakshmi bai central agricultural university (4) the university shall have perpetual succession and a common seal and shall sue and be sued by the said nameobjects of the university4 the objects of the university shall be— (a) to impart education in different branches of agriculture and allied sciencesas it may deem fit;15 (b) to further the advancement of learning and conducting of research inagricultural and allied sciences;(c) to undertake programmes of extension education in bundelkhand in thedistricts of the states under its jurisdiction;20 (d) to promote partnership and linkages with national and internationaleducational institutions; and (e) to undertake such other activities as it may, from time to time, determine5 the university shall have the following powers, namely:—powers of the university(i) to make provisions for instructions in agriculture and allied sciences;25(ii) to make provisions for conduct of research in agriculture and allied branchesof learning;(iii) to make provisions for dissemination of the findings of research and technicalinformation through extension programmes;30(iv) to grant, subject to such conditions as it may determine, diplomas orcertificates to, and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause;(v) to confer honorary degrees or other distinctions in the manner prescribed bythe statutes;35(vi) to provide lectures and instructions for field workers, village leaders andother persons not enrolled as regular students of the university and to grant certificates to them as may be prescribed by the statutes;40(vii) to co-operate or collaborate or associate with any other university orauthority or institution of higher learning in such manner and for such purpose as the university may determine;(viii) to establish and maintain colleges relating to agriculture, horticulture,fisheries, forestry, veterinary and animal science, dairying, home-science and allied sciences, as necessary;45(ix) to establish and maintain such campuses, krishi vigyan kendras, specialcentres, specialised laboratories, libraries, museums or other units for research and institution as are, in its opinion, necessary for the furtherance of its objects;(x) to create teaching, research and extension education posts and to makeappointments thereto;| ( | xi | ) to create administrative, ministerial and other posts and to make appointments ||----------------------------------------------------------------------------------------------|-------|----------------------------------------------------------------------------------------|| thereto; | | || ( | xii | ) to institute and award fellowships, scholarships, studentships, medals and || prizes; | | || 5 | | || ( | xiii | ) to determine standards of admission to the university which may include || examination, evaluation or any other method of testing; | | || ( | xiv | ) to provide and maintain residential accommodation for students and || employees; | | || ( | xv | ) to supervise the residences of the students of the university and to make || arrangements for promoting their health and general welfare; | | || 10 | | || ( | xvi | ) to lay down conditions of service of all categories of employees, including || their code of conduct; | | || ( | xvii | ) to regulate and enforce discipline among the students and the employees || and to take such disciplinary measures in this regard as it may deem necessary; | | || 15 | | || ( | xviii | ) to fix, demand and receive such fees and other charges as may be || prescribed by the statutes; | | || ( | xix | ) to borrow, with the approval of the central government on the security of || its property, money for the purpose of the university; | | || 20 | | || ( | xx | ) to receive benefactions, donations and gifts and to acquire, hold, manage || and dispose of any property, movable or immovable including trust and endowment | | || properties, for its purposes; | | || ( | xxi | ) to do all such other acts and things as may be necessary, incidental or || conducive to the attainment of all or any of its objects | | || jurisdiction | | || 25 | | || 6 | ( | 1 || research and programmes of extension education at the university level, in the field of | | || agriculture shall extend to the seven districts, namely banda, chitrakoot, hamirpur, jalaun, | | || jhansi, lalitpur and mahoba of the state of uttar pradesh and to the six districts, namely | | || chhatarpur, damoh, datia, panna, sagar and tikamgarh of the state of madhya pradesh | | || 30 | | || ( | 2 | ) all colleges, research and experimental stations, krishi vigyan kendras or other || institutions coming under the jurisdiction and authority of the university shall come in as | | || constituent units under the full management and control of its officers and authorities and | | || no such units shall be recognised as affiliated units | | || ( | 3 | ) the university may assume responsibility for the training of field extension workers || and others and may develop such training centres as may be required in various parts of | | || bundelkhand under its jurisdiction | | || 35 | | |university open to all classes, castes and creed| 7 | the university shall be open to persons of either sex and of whatever caste, creed, ||--------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|| race or class, and it shall not be lawful for the university to adopt or impose on any person, | || any test whatsoever of religious belief or profession in order to entitle him to be appointed as | || a teacher of the university or to hold any other office therein or be admitted as a student in | || the university or to graduate thereat or to enjoy or exercise any privilege thereof: | || 40 | || provided that nothing in this section shall be deemed to prevent the university from | || making special provisions for the employment or admission of women, handicapped or of | || persons belonging to the weaker sections of the society and, in particular, of the scheduled | || castes, the scheduled tribes and other backward classes | || the visitor | || 8 | ( || 45 | || ( | 2 || to cause an inspection to be made, by such person or persons as he may direct, of the | |university, its buildings, laboratories, libraries, museums, workshops and equipments, and of any institution or college and also of the examination, instruction and other work conducted or done by the university, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the university5(3) the visitor shall, in every case, give notice to the university of his intention tocause, an inspection or inquiry to be made and the university shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the visitor may determine, such representations to him as it may consider necessary(4) after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2)10(5) where an inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative who shall have the right to appear in person and to be heard on such inspection or inquiry15(6) the visitor may address the vice-chancellor with reference to the results of suchinspection or inquiry together with such views and advice with regard to the action to be taken thereon as the visitor may be pleased to offer and on receipt of the address made by the visitor, the vice-chancellor shall communicate forthwith to the board, the results of the inspection or inquiry and the views of the visitor and the advice tendered by him upon the action to be taken thereon20(7) the board shall communicate through the vice-chancellor to the visitor suchaction, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry25(8) where the board does not, within reasonable time, take action to the satisfaction ofthe visitor, the visitor may, after considering any explanation furnished or representation made by the board, issue such directions as he may think fit and the board shall be bound to comply with such directions(9) without prejudice to the foregoing provisions of this section, the visitor may, by an order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances:30provided that before making any such order, he shall call upon the university to showcause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same(10) the visitor shall have such other powers as may be prescribed by the statutes 9 the following shall be the officers of the university, namely:—officers of the university(1) the chancellor;35(2) the vice-chancellor; (3) the deans; (4) the directors; (5) the registrar; (6) the comptroller;40(7) the university librarian; and(8) such other officers as may be prescribed by the statutesthe chancellor10 (1) the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes(2) the chancellor shall, by virtue of his office, be the head of the university45(3) the chancellor shall, if present, preside at the convocations of the university held for conferring degreesthe vice- chancellor 11 (1) the vice-chancellor shall be appointed by the visitor in such manner as may beprescribed by the statutes5(2) the vice-chancellor shall be the principal executive and academic officer of theuniversity and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university10(3) the vice-chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final:15 provided further that any person in the service of the university who is aggrieved by the action taken by the vice-chancellor under this sub-section shall have the right to appeal against such action to the board within three months from the date on which decision on such action is communicated to him and thereupon the board may confirm, modify or reverse the action taken by the vice-chancellor20 (4) the vice-chancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final25(5) the vice-chancellor shall exercise such other powers and perform such otherduties as may be prescribed by the statutes or the ordinancesdeans and directors12 every dean and every director shall be appointed in such manner and shall exercisesuch powers and perform such duties as may be prescribed by the statutesthe registrar13 (1) the registrar shall be appointed in such manner as may be prescribed by thestatutes30(2) the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutesthe comptroller14 the comptroller shall be appointed in such manner and shall exercise such powersand perform such duties as may be prescribed by the statutes35other officers15 the manner of appointment and powers and duties of the other officers of theuniversity shall be prescribed by the statutes16 the following shall be the authorities of the university, namely:-—authorities of the university(1) the board of management;(2) the academic council;40(3) the research council; (4) the extension education council; (5) the finance committee; (6) the faculties and board of studies; and (7) such other authorities as may be prescribed by the statutes4517 (1) the board of management shall be the principal executive body of the universitythe board of management (2) the constitution of the board, the term of office of its members and its powers and functions shall be prescribed by the statutesthe academic council518 (1) the academic council shall be the principal academic body of the universityand shall, subject to the provisions of this act, the statutes and ordinances, have the control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the university and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the statutes10 (2) the constitution of the academic council and the term of office of its membersshall be prescribed by the statutesthe research council19 the constitution, powers and functions of the research council shall be prescribed by the statutes15 20 the constitution, powers and functions of the extension education council shall be prescribed by the statutesthe extension education councilthe finance committee 21 the constitution, powers and functions of the finance committee shall be prescribed by the statutesfaculties 22 the university shall have such faculties as may be prescribed by the statutesthe board of studies 23 the constitution, powers and functions of the board of studies shall be prescribed by the statutes20other authorities 24 the constitution, powers and functions of other authorities of the university referred to in clause (7) of section 16 shall be such as may be prescribed by the statutes 25 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—power to make statutes25 (a) the constitution, powers and functions of the authorities of the university,as may be constituted from time to time; (b) the appointment and continuance in office of the members of the saidauthorities, the filling up of vacancies of members, and all other matters relating to those authorities for which it may be necessary or desirable to provide;30 (c) the appointment, powers and duties of the officers of the university andtheir emoluments; (d) the appointment of teachers, academic staff and other employees of theuniversity and their emoluments;35 (e) the appointment of teachers and academic staff working in any otheruniversity or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action;40 (g) the principles governing the seniority of service of employees of the university; (h) the procedure for arbitration in cases of dispute between employees or students and the university; (i) the procedure for appeal to the board by any employee or student against the action of any officer or authority of the university;(j) the establishment and abolition of departments, centres, colleges and institutions;| ( | k | ) the conferment of honorary degrees; ||---------------|-----|-------------------------------------------------------------------------------------|| 5 | | || ( | l | ) the withdrawal of degrees, diplomas, certificates and other academic || distinctions; | | || ( | m | ) the institution of fellowships, scholarships, studentships, medals and || prizes; | | || ( | n | ) the delegation of powers vested in the authorities or officers of the university; || ( | o | ) the maintenance of discipline among the employees and students; || ( | p | ) all other matters which are to be, or may be, prescribed by the statutes || 10 | | |26 (1) the first statutes are those set out in the schedulestatutes how to be made(2) the board may from time to time make statutes or may amend or repeal the statutes referred to in sub-section (1):15 provided that the board shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the board(3) every statute or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent therefrom or remit it to the board for consideration20(4) a statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor(5) notwithstanding anything contained in the foregoing sub-sections, the visitor may amend or repeal the statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this act25(6) notwithstanding anything contained in the foregoing sub-sections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the board is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the board for its inability to comply with such direction, make or amend the statutes suitably3027 (1) subject to the provisions of this act and statutes, the ordinances may provide for all or any of the following matters, namely:—power to make ordinances (a) the admission of students to the university and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the university;35 (c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions,the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;40 (e) the fees to be charged for courses of study in the university and for admissionto the examinations, degrees, diplomas and certificates of the university; (f) the conditions for award of fellowships, scholarships, studentships, medalsand prizes; (g) the conduct of examinations, including the term of office and manner ofappointment and the duties of examining bodies, examiners and moderators;45 (h) the conditions of residence of the students; (i) the special arrangements, if any, which may be made for the residence, disciplineand teaching of women students and the prescribing of special courses of studies for them;5(j) the appointment and emoluments of employees other than those for whomprovision has been made in the statutes;(k) the establishment of special centres, specialised laboratories and othercommittees;(l) the manner of co-operation and collaboration with other universities andauthorities including learned bodies or associations;10(m) the creation, composition and functions of any other body which is considerednecessary for improving the academic life of the university;(n) such other terms and conditions of service of teachers and other academicstaff as are not prescribed by the statutes;(o) the management of colleges and institutions established by the university;15(p) the setting up of a machinery for redressal of grievances of employees; and (q) all other matters which by this act or the statutes may be provided for by theordinances20 (2) the first ordinances shall be made by the vice-chancellor with the previous approval of the central government and the ordinances so made may be amended or repealed at any time by the board in the manner prescribed by the statutesregulations28 the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutes25annual report29 (1) the annual report of the university shall be prepared under the direction of the board, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the board on or after such date as may be prescribed by the statutes and the board shall consider the report in its annual meeting30 (2) the board shall submit the annual report to the visitor along with its comments, if any(3) a copy of the annual report as prepared under sub-section (1) shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both the houses of parliament35annual accounts 30 (1) the annual accounts of the university shall be prepared under the directions of the board and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of india or by such persons as he may authorise in this behalf (2) a copy of the annual accounts together with the audit report thereon shall besubmitted to the board and the visitor along with the observations of the board40 (3) any observations made by the visitor on the annual accounts shall be brought to the notice of the board and observations of the board, if any, shall be submitted to the visitor45 (4) a copy of the annual accounts together with the audit report as submitted to thevisitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both the houses of parliament (5) the audited annual accounts after having been laid before both the houses of parliament shall be published in the official gazetteconditions of service of employees531 (1) every employee of the university shall be appointed under a written contract,which shall be lodged with the university and a copy of which shall be furnished to the employee concerned (2) any dispute arising out of the contract between the university and any employeeshall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the board, one member nominated by the employee concerned and an umpire appointed by the visitor10 (3) the decision of the tribunal shall be final, and no suit shall lie in any civil court inrespect of the matters decided by the tribunal26 of 1996(4) every request made by the employee under sub-section (2) shall be deemed to bea submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 199615(5) the procedure for regulating the work of the tribunal shall be prescribed by thestatutes20procedure of appeal and arbitration indisciplinary cases against students32 (1) any student or candidate for an examination whose name has been removedfrom the rolls of the university by the orders or resolution of the vice-chancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the board and the board may confirm, modify or reverse the decision of the vice-chancellor or the committee, as the case may be25(2) any dispute arising out of any disciplinary action taken by the university againsta student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 31 shall, as far as may be, apply to a reference made under this sub-sectionright to appeal3033 every employee or student of the university or of a college or institution maintainedby the university shall, notwithstanding anything contained in this act, have a right to appeal, within such time as may be prescribed by the statutes, to the board against the decision of any officer or authority of the university or any college or an institution, as the case may be, and thereupon the board may confirm, modify or reverse the decision appealed againstprovident and pension funds35 34 (1) the university shall constitute for the benefit of its employees such providentor pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes19 of 1925 (2) where such provident fund or pension fund has been so constituted, the centralgovernment may declare that the provisions of the provident funds act, 1925, shall apply to such fund, as if it were a government provident fund4035 if any question arises as to whether any person has been duly appointed as, or isentitled to be, a member of any authority of the university, the matter shall be referred to the visitor whose decision thereon shall be finaldisputes as to constitution of university authoritiesconstitution of committees4536 where any authority of the university is given power by this act or the statutes toappoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such persons, if any, as the authority in each case may think fitfilling of casual vacancies37 all casual vacancies among the members (other than ex officio members) of anyauthority of the university shall be filled, as soon as may be, by the person who appointed or co-opted the member whose place has become vacant and the person appointed or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term, for which the person whose place he fills would have been a member| 38 | no act or proceedings of any authority of the university shall be invalid merely by ||-------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|| reason of the existence of a vacancy or vacancies among its members | || proceedings | || of the | || university | || authorities | || not invali- | || dated by | || vacancy | || 5 | || protection of | || action taken | || in good faith | || 39 | no suit, prosecution or other legal proceedings shall lie against the board, vice- || chancellor, any authority or officer or other employee of the university for anything which | || is in good faith done or intended to be done in pursuance of any of the provisions of this act, | || the statutes or the ordinances | || 10 | || mode of proof | || of university | || records | || 15 | || 1 of 1872 | || 40 | a copy of any receipt, application, notice, order, proceeding, resolution of any || authority or committee of the university, or other documents in possession of the university, | || or any entry in any register duly maintained by the university, if verified by the registrar, | || shall be received as | prima facie || resolution or documents or the existence of entry in the register and shall be admitted as | || evidence of the matters and transactions therein where the original thereof would, if produced, | || have been admissible in evidence, notwithstanding anything contained in the indian evidence | || act, 1872 or in any other law for the time being in force | || power to | || remove | || difficulties | || 41 | ( || 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 difficulties: | || 20 | |provided that no such order shall be made under this section after the expiry of three years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament2542 notwithstanding anything contained in this act, and the statutes,—transitional provisions(a) the first chancellor and the first vice-chancellor shall be appointed by thevisitor and shall hold office for a term of five years;(b) the first registrar and the first comptroller shall be appointed by the visitorand each of the said officers shall hold office for a term of three years;30(c) the first members of the board shall be nominated by the visitor and shallhold office for a term of three years;(d) the first members of the academic council shall be nominated by the visitorand shall hold office for a term of three years:35 provided that if any vacancy occurs in the above offices or authorities, the same shallbe filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred 43 (1) every statute, ordinance or regulation made under this act shall be publishedin the official gazette40statutes, ordinances and regulations to be published in the official gazette and to be laid before parliament45 (2) every statute, ordinance or regulation made under this act shall be laid, as soonas 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, ordinance or regulation or both houses agree that the statute, ordinance or regulationshould not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation5 (3) the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statutes, ordinances or regulations may be applicable the schedule (see section 26) the statutes of the universitythe chancellor51 (1) the chancellor shall be appointed by the visitor from a panel of not less thanthree persons recommended by the board from amongst persons of eminence in education in general and agricultural sciences in particular:provided that if the visitor does not approve any of the persons so recommended, hemay call for fresh recommendations from the board10(2) the chancellor shall hold office for a term of five years and shall not be eligible forreappointment:provided that notwithstanding the expiry of his term of office, the chancellor shall continue to hold office until his successor enters upon his office the vice-chancellor152 (1) the vice-chancellor shall be appointed by the visitor from a panel of not lessthan three persons who shall be recommended by a committee as constituted under clause (2)(2) the committee referred to in clause (1) shall consist of the following:—(i) secretary, department of agricultural research and education, governmentof india who shall be the chairman(ii) one nominee of the visitor as member, who shall also be the convener20(iii) one nominee of the central government(3) the vice-chancellor shall be a whole-time salaried officer of the university25(4) the vice-chancellor shall hold office for a term of five years from the date on whichhe enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall be eligible for reappointment for a further term of five years, or until he attains the age of seventy years whichever is earlier:provided that notwithstanding the expiry of the said period of five years, he shall continue in office for a period not exceeding one year or until his successor is appointed and enters upon his office30(5) the emoluments and other conditions of service of the vice-chancellor shall be asfollows:—35(i) the vice-chancellor shall be paid a monthly salary and allowances other thanthe house rent allowance, at the rate fixed by the central government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the vice-chancellor in respect of the maintenance of such residence(ii) the vice-chancellor shall be entitled to such terminal benefits and allowancesas may be fixed by the board with the approval of the visitor from time to time: provided that where an employee of the university or a college or an institution maintained by it, or of any other university or any institution maintained by or affiliated to such other university, is appointed as the vice-chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the university shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the vice-chancellor:5provided further that where such employee had been a member of any pension scheme, the university shall make the necessary contribution to such scheme(iii) the vice-chancellor shall be entitled to travelling and other allowances as per the rate fixed from time to time by the government of india for the officers equivalent to the rank of secretary to the government of india further, he shall be entitled to transfer travelling allowances and other allowances as admissible to officers of the rank of secretary to the government of india for joining and after relinquishing the post10(iv) the vice-chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of january and july every year:15provided that if the vice-chancellor assumes or relinquishes charge of the officeof the vice-chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and a half days for each completed month of service20(v) in addition to the leave referred to in sub-clause (iv), the vice-chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed year of service this half pay leave may also be availed of as commuted leave on full pay on medical certificate when commuted leave is available, twice the amount of half pay leave shall be debited against half pay leave due(vi) the vice-chancellor shall be entitled to leave travel concession and home travel concession as per rules of government of india25(vii) the vice-chancellor shall be entitled to the benefit of leave encashment atthe time of laying down the office as per rules of government of india30(6) if the office of the vice-chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the senior-most dean or director, as the case may be, shall perform the duties of the vice- chancellor until a new vice-chancellor assumes office or until the vice-chancellor attends to the duties of his office, as the case may be powers and duties of the vice-chancellor:353 (1) the vice-chancellor shall be ex officio chairman of the board, the academic council, the finance committee, the research council and the extension education council and shall in the absence of the chancellor, preside over the convocation held for conferring degrees(2) the vice-chancellor shall be entitled to be present at, and address, any meeting of any authority of the university, but shall not be entitled to vote thereat unless he is a member of such authority40(3) it shall be the duty of the vice-chancellor to see that this act, the statutes, the ordinances and the regulations are duly observed, and he shall have all the powers necessary to ensure such observance(4) the vice-chancellor shall exercise control over the affairs of the university and shall give effect to the decisions of all the authorities of the university45(5) the vice-chancellor shall have all the powers necessary for the proper maintenance of discipline in the university and he may delegate any such powers to such person or persons as he may deem fit50(6) the vice-chancellor shall have the power to convene or cause to be convened the meetings of the board, the academic council, the research council, the extension education council and the finance committeethe dean of colleges and faculties4 (1) each faculty shall have a dean who shall also be the head of the college concernedif any faculty has more than one college, the vice-chancellor may nominate one of the deans as dean of the faculty5(2) the dean of the college shall be appointed by the board on the recommendationsof the selection committee constituted for the purpose as per statute 18 and he shall be a whole-time salaried officer of the university(3) the dean shall be entitled to rent free and unfurnished residential accommodation (4) the dean shall hold the office for a term of five years and shall be eligible for reappointment:10provided that a dean on attaining the age of sixty-five years shall cease to hold office as such15(5) when the office of the dean is vacant or when the dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such persons as the vice-chancellor may appoint for the purpose(6) the dean shall be responsible to the vice-chancellor for the conduct and maintenance of the standards of teaching in the college and faculty and shall perform such other functions as may be prescribed by the ordinances20(7) the dean shall be the ex officio chairman of the board of studies of the faculty, a member of the academic council, the research council and the extension education council of the university the director of education5 (1) the director of education shall be appointed by the board on the recommendations of the selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university25(2) the director of education shall be entitled to rent free and unfurnished residential accommodation(3) the director of education shall hold office for a term of five years and shall be eligible for reappointment:30provided that director of education on attaining the age of sixty-five years shall ceaseto hold office as such (4) the director of education shall be responsible for planning, co-ordination and supervision for all educational programmes in the various faculties of the university the director of research356 (1) the director of research shall be appointed by the board on the recommendationsof the selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the director of research shall be entitled to rent free and unfurnishedaccommodation40(3) the director of research shall hold office for a term of five years and shall beeligible for reappointment:provided that the director of research on attaining the age of sixty-five years shall cease to hold office as such45(4) the director of research shall be responsible for supervision and co-ordination ofall research programmes of the university and shall be responsible to the vice-chancellor for performance of his duties (5) the director of research shall be ex officio member-secretary of the research council of the university the director of extension education7 (1) the director of extension education shall be appointed by the board on the recommendations of the selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university5(2) the director of extension education shall be entitled to rent free and unfurnished accommodation(3) the director of extension education shall hold office for a term of five years and shall be eligible for reappointment:10provided that the director of extension education on attaining the age of sixty-five years shall cease to hold office as such(4) the director of extension education shall be responsible for supervision and coordination of all extension education programmes in the university and shall be responsible to the vice-chancellor for performance of his duties(5) the director of extension education shall be ex officio member-secretary of the extension education council of the university15 the registrar8 (1) the registrar shall be appointed by the board on the recommendations of a duly constituted selection committee under statute 18 and he shall be a whole-time salaried officer of the university he shall be responsible to the vice-chancellor for performance of his duties20(2) he shall be appointed for a term of five years and shall be eligible for reappointment(3) he may also be appointed on deputation for a specified period not exceeding five years(4) the emoluments and other terms and conditions of service of the registrar shall be such as may be prescribed by the ordinances:25provided that the registrar shall retire on attaining the age of sixty years (5) in case of a person appointed on deputation, his tenure, emoluments and other terms of service shall be according to the terms of deputation30(6) when the office of the registrar is vacant or when the registrar is, by reason of illness, absence, or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose35(7) (a) the registrar shall have the power to take disciplinary action against such of the employees excluding teachers, as may be specified in the order of the board and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him40(b) an appeal shall lie to the vice-chancellor against any order of the registrar imposing any of the penalties specified in sub-clause (a)(c) in a case where the inquiry discloses that a punishment beyond the power of the registrar is called for, the registrar shall, upon conclusion of the inquiry, make a report to the vice-chancellor along with his recommendations:45provided that an appeal shall lie to the board against an order of the vice-chancellor imposing any penalty (8) the registrar shall be the ex officio secretary of the board and the academic council, but shall not be deemed to be a member of any of these authorities(9) it shall be the duty of the registrar—5(a) to be the custodian of the records, the common seal and such other propertyof the university as the board shall commit to his charge;(b) to issue all notice convening meeting of the board, the academic counciland of any committee appointed by those authorities;(c) to keep the minutes of all the meetings of the board, the academic counciland of any committees appointed by those authorities;10(d) to conduct the official correspondence of the board and the academiccouncil;(e) to arrange for the examinations of the university in accordance with themanner prescribed by the ordinances or notifications;15(f) to supply to the visitor, copies of the agenda of the meetings of the authoritiesof the university as soon as they are issued and the minutes of such meetings;(g) to represent the university in suits or proceedings by or against the university,sign powers-of-attorney and verify pleadings or depute his representatives for the purpose; and20(h) to perform such other duties as may be specified in the statutes, the ordinancesor the regulations or as may be required, from time to time, by the board or the vice-chancellor the comptroller9 (1) the comptroller shall be appointed by the board on the recommendations of a duly constituted selection committee under statute 18 and he shall be a whole-time salaried officer of the university25(2) he shall be appointed for a term of five years and shall be eligible for reappointment(3) the comptroller may also be appointed on deputation for a specified period not exceeding five years30(4) the emoluments and other terms and conditions of service of the comptroller shall be such as may be prescribed by the ordinances in case of a person being appointed on deputation, his tenure, emoluments and other terms of service shall be according to the standard of deputation:provided that the comptroller shall retire on attaining the age of sixty years35(5) when the office of the comptroller is vacant or when the comptroller is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(6) the comptroller shall be the ex officio secretary of the finance committee, but shall not be deemed to be a member of such committee(7) the comptroller shall —40(a) exercise general supervision over the funds of the university and shall adviseit as regards its financial policy; and(b) perform such other duties as may be specified in the statutes, the ordinancesor as may be required, from time to time, by the board or the vice-chancellor(8) subject to the control of the board, the comptroller shall—| ( | a | ) hold and manage the property and investments of the university including ||------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| trust and endowed property; | | || 5 | | || ( | b | ) ensure that the limits fixed by the board for recurring and non-recurring || expenditure for a year are not exceeded and that all moneys are expended on the | | || purpose for which they are granted or allotted; | | || ( | c | ) be responsible for the preparation of annual accounts and the budget of the || university and for their presentation to the board; | | || ( | d | ) keep a constant watch on the state of the cash and bank balances and on the || state of investments; | 10 | || ( | e | ) watch the progress of the collection of revenue and advise on the methods of || collection employed; | | || 15 | | || ( | f | ) ensure that the registers of buildings, land, furniture and equipment are || maintained up-to-date and that stock-checking is conducted, of equipment and other | | || consumable materials in all offices, specialised laboratories, colleges and institutions | | || maintained by the university; | | || ( | g | ) bring to the notice of the vice-chancellor unauthorised expenditure and || other financial irregularities and suggest disciplinary action against persons at fault; | | || and | | || 20 | | || ( | h | ) call for from any office, laboratory, college or institution maintained by the || university and information or returns that he may consider necessary for performance | | || of his duties | | || 25 | | |(9) any receipt given by the comptroller or the person or persons duly authorised in this behalf by the board for any money payable to the university shall be sufficient discharge for payment of such money heads of departments10 (1) each department shall have a head appointed by the vice-chancellor who shall be not below the rank of an associate professor and whose duties and functions and terms and conditions of appointment shall be prescribed by the ordinances30(2) he shall be responsible to the dean for teaching, to director of research for research, to director of extension education for extension education work however, the dean shall be the administrative controlling officer of the heads of departments in college concerned:provided that if there is more than one professor in any department, the head of the department shall be appointed by the vice-chancellor from amongst the professors:35provided further that in the case of department where there is only one professor, the vice-chancellor shall have the option, to appoint either the professor or an associate professor as the head of the department:40provided also that in a department where there is no professor or associate professor, the dean of the college shall act as the head of the department or with the approval of the vice-chancellor assign the duty to any other head of the department of the college(3) it shall be open to a professor or an associate professor to decline the offer of appointment as the head of the department45(4) a professor or an associate professor appointed as head of the department shall hold office as such for a period of three years and shall be eligible for reappointment(5) a head of the department may resign his office at any time during his tenure of office(6) a head of the department shall perform such functions as may be prescribed by the ordinances5(7) the head of the department shall retire at the age of sixty-five years librarians11 (1) every librarian shall be appointed by the board on the recommendations of the selection committee constituted for the purpose under statute 18 and he shall be a whole-time salaried officer of the university10(2) every librarian shall exercise such powers and perform such duties as may beassigned to him by the vice-chancellor constitution, powers and functions of the board of management12 (1) the board shall consist of the following members, namely:—(i) the vice-chancellor, ex officio chairman;15(ii) three secretaries, from amongst the secretaries-in-charge of the departmentsof agriculture or animal husbandry, fishery and horticulture of the states of uttar pradesh and madhya pradesh to be nominated by the visitor by rotation: provided that there shall not be more than two secretaries from a state in theboard at a particular time;20 (iii) three eminent scientists to be nominated by the visitor;(iv) one distinguished person representing agro-based industries or amanufacturer having a special knowledge in agricultural development to be nominated by the visitor;25(v) the deputy director-general (education) representing the indian council ofagricultural research;(vi) one dean of college and one director to be nominated by the vice-chancelloron rotational basis;30(vii) two persons representing farmers in bundelkhand to be nominated by thevice-chancellor by rotation in alphabetical order of the states of uttar pradesh and madhya pradesh;(viii) one woman social worker representing woman social organisation frombundelkhand to be nominated by the vice-chancellor;(ix) an advisor (agriculture), planning commission;35(x) a distinguished authority on natural resource or environment management tobe nominated by the visitor;(xi) two persons not below the rank of joint secretary representing respectivelythe departments of government of india dealing with the agriculture and animal husbandry to be nominated by the concerned secretary to the government of india;(xii) nominee of the secretary representing the department of agriculturalresearch and education, government of india;40(xiii) the registrar of the university–secretary(2) the term of office of the members of the board, other than ex officio members, shall be three years45 (3) the board shall have the power of management and administration of the revenue and property of the university and the conduct of all administrative affairs of the university not otherwise provided for(4) subject to the provisions of this act, the statutes and the ordinances, the board shall in addition to all other powers vested in it, have the following powers, namely:—| ( | i | ) to create teaching and academic posts, to determine the number and emoluments ||---------------------------------------------------------------------------------------------|------|------------------------------------------------------------------------------------|| of such posts and to define the duties and conditions of service of university staff, | | || subject to the approval of the indian council of agricultural research; | | || 5 | | || ( | ii | ) to appoint such teachers and other academic staff, as may be necessary, and || deans of colleges, director and heads of other institutions maintained by the university | | || on the recommendations of the selection committee constituted for the purpose and | | || to fillup temporary vacancies therein; | | || 10 | | || ( | iii | ) to create administrative, ministerial and other necessary posts and to make || appointments thereto in the manner prescribed by the ordinances; | | || ( | iv | ) to regulate and enforce discipline among employees in accordance with the || statutes and ordinances; | | || 15 | | || ( | v | ) to manage and regulate the finances, accounts, investments, property, business || and all other administrative affairs of the university, and for that purpose to appoint | | || such agents as it may think fit; | | || ( | vi | ) to fix limits on the total recurring and the total non-recurring expenditure for || a year on the recommendations of the finance committee; | | || 20 | | || ( | vii | ) to invest any money belonging to the university, including any unapplied || income, in such stocks, funds, shares or securities, from time to time, as it may think fit | | || or in the purchase of immovable property in india, with the like powers of varying such | | || investment from time to time; | | || ( | viii | ) to transfer or accept transfers of any movable or immovable property on || behalf of the university; | | || 25 | | || ( | ix | ) to provide buildings, premises, furniture and apparatus and other means || needed for carrying on the work of the university; | | || ( | x | ) to enter into, vary, carry out and cancel contracts on behalf of the university; || ( | xi | ) to entertain, adjudicate upon, and, if thought fit, to redress any grievances || of the employees and students of the university; | | || 30 | | || ( | xii | ) to fix fees, honorarium, emoluments and travelling allowances of examiners || or experts or consultants, advisors and officers on special duty; | | || ( | xiii | ) to select a common seal for the university and provide for the custody and || use of such seal; | | || ( | xiv | ) to make such special arrangements as may be necessary for the residence || and discipline of women students; | | || 35 | | || ( | xv | ) to delegate any of its powers to the vice-chancellor, deans, directors, || registrar or comptroller or such other employee or authority of the university or to a | | || committee appointed by it as it may deem fit; | | || ( | xvi | ) to institute fellowships, scholarships, studentships, medals and prizes; || 40 | | || ( | xvii | ) to provide for appointment of visiting professor, emeritus professor, || consultant and officers on special duty and scholars and to determine the terms and | | || conditions of such appointment | | |(xviii) to exercise such other power and perform such other duties as may be conferred on it by the act, or the statutesquorum for meetings of the board4513 five members of the board shall form the quorum for a meeting of the board constitution and powers of the academic council14 (1) the academic council shall consist of the following members, namely:—(i) the vice-chancellor, ex officio chairman; (ii) all the deans of the colleges of the university; (iii) the director of research of the university;5(iv) the director of extension education of the university; (v) the director of education; (vi) a librarian to be nominated by the vice-chancellor on rotational basis;10(vii) two eminent scientists to be co-opted from outside the university to benominated by the vice-chancellor;(viii) seven heads of the departments, at least one from each faculty to benominated by the vice-chancellor;(ix) the registrar of the university, ex officio secretary15(2) the term of office of the members of the academic council other than ex officio members shall be three years(3) subject to the act, the statutes and the ordinances, the academic council shall, in addition to all other powers vested in it, have the following powers, namely:—20(a) to exercise general supervision over the academic policies of the universityand to give directions regarding methods of instruction, co-operative teaching among colleges and institutions, evaluation and improvements in academic standards;(b) to bring about inter-college co-ordination and establish or appoint committeeon academic matters;(c) to consider matters of general academic interest either on its own initiative oron a reference by a college or the board and to take appropriate action thereon; and25(d) to frame such regulations and rules consistent with the statutes and theordinances regarding the academic functioning of the university, discipline, residences, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance quorum for meetings of the academic council3015 one-third members of the academic council shall form the quorum for a meeting ofthe academic council board of studies16 (1) each faculty shall have a board of studies(2) the board of studies of each faculty shall be constituted as under:—(i) dean of faculty - chairperson;35(ii) director of research - member; (iii) director of extension education—member; (iv) all heads of departments of the faculty not below the rank of associateprofessor—member;40(v) one representative of the academic council not belonging to the particularfaculty to be nominated by the vice-chancellor;(vi) two eminent scientists from agricultural education system not belonging to the university to be nominated by the vice-chancellor;| ( | vii | ) one final year post-graduate student with highest overall grade point ||--------------------------|-------|---------------------------------------------------------------------------|| average (ogpa) - member; | | || ( | viii | ) assistant registrar (academic) of the faculty - member; || ( | ix | ) director of education—member |(3) the functions of the board of studies shall be to recommend to the academic council, the course curriculum to be prescribed for various degrees to be offered by the concerned faculty and to make suitable recommendations for the teaching of the prescribed approved course, namely:—10 (a) courses of studies and appointment of examiners for courses, but excludingresearch degrees; (b) appointment of supervisors of research; and (c) measures for the improvement of the standard of teaching and researchfinance committee1517 (1) the finance committee shall consist of the following members, namely:—(i) the vice-chancellor - chairman; (ii) financial advisor, department of agricultural research and education or his nominee not below the rank of deputy secretary;20(iii) three persons to be nominated by the board, out of whom at least one shallbe a member of the board;(iv) three persons to be nominated by the visitor; and (v) the comptroller of the university—member-secretary25(2) three members of the finance committee shall form the quorum for meeting of the finance committee(3) the members of the finance committee, other than ex officio members, shall hold office for a term of three years(4) a member of the finance committee shall have the right to record a minute of dissent if he does not agree with any decision of the finance committee30(5) the finance committee shall meet at least twice a year to examine the accounts and to scrutinise proposals for expenditure(6) every proposal relating to creation of posts, and those items which have not been included in the budget, shall be examined by the finance committee before they are considered by the board35(7) the annual accounts and the financial estimates of the university prepared by the comptroller, shall be laid before the finance committee for consideration and comments and thereafter submitted to the board for approval40(8) the finance committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loans) selection committees18 (1) there shall be a selection committee for making recommendations to the board for appointment to the posts of teachers, comptroller, registrar, librarians, deans of colleges, directors and heads of other institutions maintained by the university (2) the selection committee for appointment to the posts specified in column 1 of the table below shall consist of members as specified in the corresponding entries in column 2 of the said table:table1235adirectors/deans(i) vice-chancellor or his nominee—chairman(ii) one nominee of the visitor—member(iii) three eminent scientists not below the rank of vice-chancellor or equivalent (serving or retired) to be nominated by the vice-chancellor from a panel of six names approved by the board—member10bprofessors/equivalent(i) vice-chancellor or his nominee–chairman (ii) one nominee of the visitor—member(iii) dean of the concerned faculty—member15(iv) director of research or director of extension education ordirector of education to be nominated by the vice-chancellor— member(v) three eminent subject specialists not below the rank ofhead of department or equivalent (serving or retired) to be nominated by the vice-chancellor out of a panel of six names approved by the board—members20cassociate professor/(i) vice-chancellor or his nominee—chairmanassistant professor/(ii) one nominee of the visitor—memberequivalent(iii) dean of the concerned faculty—member25(iv) director of education or director of research or directorof extension education to be nominated by the vice- chancellor—member(v) head of the concerned department not below the rank ofprofessor—member30(vi) two eminent teachers or scientists not below the rank ofprofessor or equivalent (serving or retired) to be nominated by the vice-chancellor out of a panel of six names approved by the board—membersdregistrar/comptroller/(i) vice-chancellor or his nominee—chairmanlibrarian(ii) one nominee of the visitor—member35(iii) one director/dean to be nominated by the vice-chancellor—member(iv) two experts in the concerned subject to be nominated bythe vice-chancellor, out of a panel of six names approved by the board—members(3) the vice-chancellor, or in his absence, his nominee shall preside at the meetings of the selection committee:provided that the meetings of the selection committee shall be fixed after prior consultation with the nominees of the visitor:5provided further that the proceedings of the selection committee shall not be valid unless at least two members, not in the service of the university are present in the meeting(4) the meeting of the selection committee shall be convened by the vice-chancellor or in his absence by his nominee10(5) the procedure to be followed by the selection committee in making recommendations shall be decided by the committee prior to the interview(6) if the board is unable to accept the recommendations made by the selection committee, it shall record its reasons and submit the case to the visitor for final orders(7) appointments to temporary posts shall be made in the manner indicated below:—15(i) the vice-chancellor shall have the authority to appoint a person on ad hoc basis for a period not exceeding six months extendable by a further period of six months with the approval of the board:provided that if the vice-chancellor is satisfied that in the interest of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by the local selection committee referred to in sub-clause (ii) for the period not exceeding six months20(ii) if the temporary vacancy is for a period less than one year, an appointment to such vacancy shall be made on the recommendation of the local selection committee consisting of the dean of the college concerned, the head of the department and a nominee of the vice-chancellor:25provided that if the same person holds the offices of the dean and the head of the department, the selection committee may contain two nominees of the vice- chancellor:30 provided further that in case of sudden casual vacancies of teaching posts caused by death or any other reason, the dean may, in consultation with the head of the department concerned, make a temporary appointment for one month and report to the vice-chancellor and the registrar about such appointment35(iii) no teacher appointed temporarily shall, if he is not recommended by the regular selection committee for appointment under the statutes, be continued in service on such temporary employment, unless he is subsequently selected by the local selection committee or the regular selection committee, for a temporary or permanent appointment, as the case may be (8) mode of constitution of the selection committee for non-academic staff, not prescribed in the statutes, shall be prescribed by the ordinances special mode of appointment4019 (1) notwithstanding anything contained in statute 18, the board may invite a person of high academic distinction and professional attainments to accept a post of professor or associate professor or any other academic post in the university, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post45(2) the board may appoint a teacher or any other academic staff working in any other university or organisation for undertaking a joint project in accordance with the manner laid down in the ordinancesappointment for a fixed tenure20 the board may appoint a person selected in accordance with the procedure laid down in statute 18 for a fixed tenure on such terms and conditions as it deems fit qualifications of director, dean, professor, etc5 21 (1) qualifications of director, dean, professor, associate professor and assistantprofessor of different faculties and their equivalents in research and extension education shall be as prescribed by the ordinances(2) qualification of non-academic staff shall be prescribed by the ordinancescommittees1022 (1) the authorities of the university specified in section 16 may appoint as manystanding or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority(2) any such committee appointed under clause (1) may deal with any subject delegated to it subject to confirmation by the authority appointing itterms and conditions of service and code of conduct of the teachers, etc1523 (1) all the teachers and other academic staff of the university shall, in the absenceof any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulations(2) every teacher and other staff of the university shall be appointed on a writtencontract, the term of which shall be prescribed by the ordinances20(3) a copy of every contract referred to in clause (2) shall be deposited with the registrar terms and conditions of service and code of conduct of other employees2524 all the non-academic employees of the university, shall in the absence of anycontract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulations as made from time to time seniority list3025 (1) whenever, in accordance with the statutes, any person is to hold an office or bea member of an authority of the university by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and, in accordance with such other principles as the board may, from time to time, prescribe(2) it shall be the duty of the registrar to prepare and maintain, in respect of each classof persons to whom the provisions of these statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1)35(3) if two or more persons have equal length of continuous service in a particular grade or the relative seniority of any persons is otherwise in doubt, the registrar may, on his own motion and shall, at the request of any person, submit the matter to the board whose decision thereon shall be final40 removal of employees of the university4526 (1) where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the university, the vice-chancellor, in the case of the teacher or member of the academic staff and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee, may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the board, the circumstances in which the order was made:50provided that the board may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order (2) notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the board in respect of teacher and other academic staff and the appointing authority, in respect of other employees, shall have the power to remove a teacher or a member of the academic staff, or other employees, as the case may be, on grounds of misconduct5(3) save as aforesaid, the board or the appointing authority, as the case may be, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months, notice or on payment of three months salary in lieu thereof10(4) no teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(5) the removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:15provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension(6) notwithstanding anything contained in the foregoing provisions of this statute, a teacher, member of the academic staff or other employee may resign,—20(a) if he is a permanent employee, only after giving three months' notice inwriting to the board or the appointing authority, as the case may be, or by paying three month's salary in lieu thereof;(b) if he is not a permanent employee, only after giving one month's notice inwriting to the board or, the appointing authority, as the case may be, or by paying one month's salary in lieu thereof:25 provided that such resignation shall take effect only on the date from which the resignation is accepted by the board or the appointing authority, as the case may be honorary degrees3027 (1) the board may, on the recommendation of the academic council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the visitor for the conferment of honorary degrees:provided that in case of emergency, the board may, on its own motion, make such proposals35(2) the board may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the visitor, any honorary degree conferred by the university withdrawal of degrees, etc4028 the board may, by a special resolution passed by a majority of not less than twothirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the university for good and sufficient cause:45provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the boardmaintenance of discipline among students of the university29 (1) all powers relating to discipline and disciplinary action in relation to students ofthe university shall vest in the vice-chancellor5(2) the vice-chancellor may delegate all or any of his powers as he deems proper tosuch officers as he may specify in this behalf10(3) without prejudice to the generality of his powers relating to the maintenance ofdiscipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the vice-chancellor may, in exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a college, institution or department of the university for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the university, college, institution or department for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled15(4) the dean of colleges, institutions and heads of the teaching departments in theuniversity shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions and teaching departments in the university as may be necessary for the proper conduct of such colleges, institutions and teaching in the departments20(5) without prejudice to the powers of the vice-chancellor, the deans and other personsspecified in clause (4), detailed rules of discipline and proper conduct shall be made by theuniversity the deans of the colleges, institutions and heads of the teaching departments in the university may also make the supplementary rules as they deem necessary for the aforesaid purposes25(6) at the time of admission, every student shall be required to sign a declaration to theeffect that he submits himself to the disciplinary jurisdiction of the vice-chancellor and other authorities of the university maintenance of discipline among students of colleges, etc3030 all powers relating to discipline and disciplinary action in relation to the studentsof the college or an institution maintained by the university, shall vest in the dean of the college or institution, as the case may be, in accordance with the procedure prescribed by the ordinances convocations31 convocations of the university for the conferring of the degrees or for otherpurposes shall be held in such manner as may be prescribed by the ordinances35 acting chairman4032 when no provision is made for a chairman to preside over a meeting of any committee or when the chairman so provided for is absent, or the vice-chancellor has not in writing made any arrangement, the members shall elect one from among themselves to preside over meeting resignation33 any member, other than an ex officio member of the board, academic council or any other authority of the university or any committee of such authority may resign by letter addressed to the registrar and the resignation shall take effect as soon as such letter is received by the registrar45 disqualifications34 (1) a person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the university,—| ( | i | ) if he is of unsound mind; ||-------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| ( | ii | ) if he is an undischarged insolvent; || 5 | | || ( | iii | ) if he has been convicted by a court of law of an offence involving moral || turpitude and sentenced in respect thereof to imprisonment for a period of not less | | || than six months | | || 10 | | |(2) if any question arises as to whether a person is or has been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the visitor and his decision thereon shall be final and no suit or other proceedings shall lie in any civil court against such decision residence condition for membership and office1535 notwithstanding anything contained in the statutes, a person who is not ordinarily resident in india shall not be eligible to be an officer of the university or a member of any authority of the university membership of authorities by virtue of membership of other bodies2036 notwithstanding anything contained in the statutes, a person who holds any post in the university or is a member of any authority of the university in his capacity as a member of a particular authority or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or the holder of that particular appointment, as the case may be alumni association37 (1) there shall be an alumni association for the university25(2) the subscription for membership of the alumni association shall be prescribed by the ordinances(3) no member of the alumni association shall be entitled to vote or stand for election unless he has been a member of the said association for at least one year prior to the date of the election and is a degree holder of the university of at least five years standing:30provided that the condition relating to the completion of one year's membership shall not apply in the case of the first election students' council3538 (1) there shall be, in each college of the university, a students' council for each academic session for the purpose of making recommendations to the authorities of the university with regard to various activities relating to students welfare, including games, sports, dramatics, debates, cultural activities, etc, and such council shall consist of:—(i) the dean of the college-chairperson; (ii) all hostel wardens; (iii) campus estate officer; (iv) five heads of the departments to be nominated by the dean;40(v) hostel prefects; (vi) one student from each class or year who has secured the highest overall grade point average (ogpa) in the previous academic session;(vii) students welfare officer—member-secretary(2) the students council shall meet at least once in each semester ordinances how made39 (1) the first ordinances made under sub-section (2) of section 27 may be amended or repealed at any time by the board in the manner specified below5(2) no ordinances in respect of the matters enumerated in section 27, other than thoseenumerated in clause (n) of sub-section (1) thereof shall be made by the board unless a draftof such ordinance has been proposed by the academic council10(3) the board shall not have power to amend any draft of any ordinance proposed by the academic council under clause (2), but may reject the proposal or return the draft to the academic council for reconsideration either in whole or in part, together with any amendment which the board may suggest15(4) where the board has rejected or returned the draft of an ordinance proposed by the academic council, the academic council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total member of numbers of the academic council, the draft may be sent back to the board which shall either adopt it or refer it to the visitor whose decision shall be final(5) every ordinance made by the board shall come into effect immediately20 25(6) every ordinance made by the board shall be submitted to the visitor within twoweeks from the date of its adoption the visitor shall have the power to direct the universitywithin four weeks of the receipt of the ordinance to suspend the operation of any such ordinance and he shall, as soon as possible, inform the board about his objection to the proposed ordinance the visitor may, after receiving the comments of the university, eitherwithdraw the order suspending the ordinance, or disallow the ordinance and his decision shall be final regulations40 (1) the authorities of the university may make regulations consistent with the act, the statutes and the ordinances for the following matters, namely:—(i) laying down the procedure to be observed at their meeting and the number ofmembers required to form a quorum;30(ii) providing for all matters which are required by the act, the statutes or theordinances to be specified by the regulations;(iii) providing for all other matters concerning such authority or committeesappointed by them and not provided for by the act, the statutes or the ordinances35(2) every authority of the university shall make regulations providing for the givingof notice to the members of such authorities of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings(3) the board may direct the amendment in such manner as it may specifiy of any regulation made under the statutes or the annulment of any such regulation40 delegation of powers41 subject to the provisions of the act and the statutes, any officer or authority of the university may delegate his or its power to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers45 collaboration with other institution and organisations42 the university shall have the authority to enter into an agreement through a memorandum of understanding with any research and /or academic institution of higher learning to conduct collaborative post graduate research programme to fulfil the partial requirement for the award of master's and ph d degrees of the university5 constitution and function of research council1043 (1) there shall be a research council of the university to exercise general supervision over the research policies and programmes of the university in the area of agriculture and allied disciplines the research council shall consist of the following members, namely:—| ( | i | ) the vice-chancellor—chairman; ||--------------------------|------|------------------------------------------------------------------------------|| ( | ii | ) director of extension education—member; || ( | iii | ) director of education—member; || ( | iv | ) all deans of the colleges of the university—members; || ( | v | ) nominees of the state governments not below the rank of director—members; || 15 | | || ( | vi | ) all co-ordinators of the research teams of the university—members; || ( | vii | ) two eminent agricultural scientists to be nominated by the vice-chancellor || for three years—members; | | || ( | viii | ) director of research—member-secretary || ( | 2 | ) the research council shall meet at least once in a year || 20 | | |(3) one-third members of the research council shall form a quorum for the meeting of the research council(4) if a vacancy occurs due to resignation or otherwise the same shall be filled up for the remaining period constitution and function of the extension education council2544 (1) there shall be an extension education council of the university to exercise general supervision over the extension education policies and programmes of the university in the area of agriculture and allied disciplines the extension education council shall consist of the following members, namely:—| ( | i | ) the vice-chancellor—chairman; ||------------------------------------------------------------------------|------|-----------------------------------------------------------------------------|| 30 | | || ( | ii | ) director of research—member; || ( | iii | ) director of education—member; || ( | iv | ) all deans of the colleges of the university—members; || ( | v | ) nominees of the state governments not below the rank of director—members; || 35 | | || ( | vi | ) farmers representatives from bundelkhand and one woman social worker to || be nominated by the vice-chancellor for a term of three years—members; | | || ( | vii | ) two eminent scientists from outside the university to be nominated by the || vice-chancellor for two years—members; | | || ( | viii | ) director of extension education—member-secretary | (2) the extension education council shall meet at least once in a year40 (3) one-third members of the extension education council shall form a quorum for the meeting of the extension education council application of the central civil services (pension) rules, 1972, etc45 (1) all regular employees of the university shall be governed by the provisions of the central civil services (pension) rules, 1972, and general provident fund (central services) rules, 1960, in respect of grant of pension and gratuity and general provident fund5(2) any amendment made by the government of india in the central civil services(pension) rules, 1972, and the general provident fund (central services) rules, 1960, shall also be applicable to employees of the university(3) in respect of commutation of pension, the provisions of the central civil services(commutation of pension) rules, 1981, shall apply10(4) the vice-chancellor shall be the pension sanctioning authority and the pensionauthorisation authority(5) pension payment shall be centralised and controlled by comptroller's office statement of objects and reasonsin the central plains of india, the bundelkhand region is spread over seventy thousand square kilometers and covers seven districts of the state of uttar pradesh, namely jhansi, jalaun, lalitpur, banda, chitrakoot, hamirpur and mahoba, and six districts of the state of madhya pradesh, namely sagar, damoh, tikamgarh, panna, chatarpur and datia the bundelkhand region is backward as compared to other regions in the country, rainfed, underinvested, socio-economically heterogeneous and vulnerable and a bit complex in terms of the nature of issues involved, diverse, ethnically unique and agrarian2 agriculture is the mainstay of the bundelkhand economy the semi-arid climate with uncertain rainfall and poor quality soils have made agriculture a difficult and non-beneficial proposition in the entire region it is a hard rock area with limited or inadequate ground water resources, lacks infrastructure, access to improved technologies, markets and inputs, as a results of which the crop productivity is amongst the lowest in the country inadequacy of resources has prevented many farmers from switching to more efficient farming methods as such, most of the agriculture has become subsistence agriculture and keeps the farmers of the region trapped in poverty3 educational opportunities are few and the higher education percentage continue to remain low in the region the poverty levels are high, only few families can afford to send their children outside the region for obtaining quality education4 in view of above, it has been proposed to make a legislation establishing an agricultural university to be called as rani lakshmi bai central agricultural university for the region, as an institution of higher learning, for carrying out research in agriculture which is relevant to the area, and for imparting modern agricultural methods and skills to the farmers of the region5 the rani lakshmi bai central agricultural university bill, 2012, inter alia, provides for the following, namely:—(a) establishment of rani lakshmi bai central agricultural university with itshead-quarters at jhansi in the state of uttar pradesh;(b) the objects of the university, inter alia, shall be, to impart education indifferent branches of agriculture and allied sciences, to undertake research in agriculture and programmes of extension education, to promote partnership and linkages with national and international educational institutions;(c) the university shall have powers, to make provisions for instructions in agriculture and allied sciences, conduct research in agricultural and allied sciences, to disseminate the findings of research and technical information through extension programmes, to confer degrees, diplomas or other academic distinctions, to establish and maintain colleges relating to agriculture, horticulture, animal husbandry, fisheries, etc;(d) keeping the university open to all classes, castes, creed or races; (e) providing for the president of india to be the visitor of the university; (f) provide for the chancellor, the vice-chancellor, the deans, the directors, the registrar, the comptroller, the university librarian and such other officers as may be prescribed by the statutes;(g) the statutes of the university to be amended by the board of management; (h) the ordinances of the university to be made by the vice-chancellor;(i) to make provision for the reference of the disputes between the university and its employees to a tribunal of arbitration for its decision 6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectsnew delhi;sharad pawarthe 21st december, 2011 notes on clausesclause 1—this clause provides for short title and commencement of the bill clause 2—this clause provides for definitions of the terms used in the bill clause 3—this clause provides for the establishment of a university by the name ofthe "rani lakshmi bai central agricultural university"it further provides that the headquarters of the university shall be at jhansi in the state of uttar pradesh and it may also establish campuses at such other places within its jurisdiction as it may deem fitit also provides that the university shall have perpetual succession and a common seal and shall sue and be sued by the said nameclause 4—this clause provides for the objects of the university such as, to impart education in different branches of agriculture and allied sciences, advancement of learning, to undertake programmes of extension education, to promote partnership and linkage with national and international educational institutions and to undertake such other activities as it may determineclause 5—this clause, inter alia, empowers the university to make provision for instructions in agriculture and allied sciences, conduct research in agriculture and allied branches of learning, grant, certificates, diplomas and degrees confer honorary degrees, provide lectures and instructions for field workers, village leaders and other persons, co-operate or collaborate or associate with any other university or authority or institution of higher learning, establish and maintain colleges, campuses, krishi vigyan kendras, special centres, specialised laboratories, libraries, museums or other units, institute and award fellowships, scholarships, studentships, medals and prizes, determine standards of admission to the university, fix, demand and receive fees and other charges and do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objectsclause 6—this clause provides for the jurisdiction and responsibility of the university which shall extend to seven districts in the state of uttar pradesh and to six districts in the state of madhya pradeshclause 7—this clause provides that the university shall be open to persons of either sex and of whatever caste, creed, race or class it further provides that the university may make special provisions for employment or admission of women, handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes, the scheduled tribes and other backward classesclause 8—this clause provides that the president of india shall be the visitor of the university who shall have the right to cause an inspection of the university it further provides that the visitor shall have such other powers as may be prescribed by the statutesclause 9—this clause provides for the officers of the university clause 10—this clause provides for the appointment of the chancellor of the university who shall, by virtue of the office, be the head of the universityclause 11—this clause provides for the appointment of the vice-chancellor of the university and his powersclause 12—this clause provides that the dean and directors of the university shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutesclause 13—this clause seeks to provide for the appointment of the registrar of the university who shall, inter alia, have the power to enter into agreements, sign documents and authenticate recordsclause 14—this clause provides for the appointment of the comptroller of the university, who shall exercise such powers and perform such duties as may be prescribed by the statutesclause 15—this clause provides for the appointment and duties of other officers clause 16—this clause provides for the authorities of the university clause 17—this clause provides that the board of management shall be the principal executive body of the university and that its constitution, term of office of its members and its powers and functions shall be prescribed by the statutesclause 18—this clause provides that the academic council shall be the principal academic body of the university it further provides that the constitution of the academic council and the term of office of its members shall be prescribed by the statutesclause 19—this clause provides that the constitution, powers and functions of the research council shall be prescribed by the statutesclause 20—this clause provides that the constitution, powers and functions of the extension education council shall be prescribed by the statutesclause 21—this clause provides that the constitution, powers and functions of the finance committee shall be prescribed by the statutesclause 22—this clause provides that the university shall have such faculties as may be prescribed by the statutesclause 23—this clause provides that the constitution, powers and functions of the board of studies shall be prescribed by the statutesclause 24—this clause provides that the constitution, powers and functions of other authorities shall be prescribed by the statutesclause 25—this clause provides for the matters for which the statutes may be made clause 26—this clause provides that the first statutes which are those set out in the scheduleit further provides that the board may from time to time make, amend or repeal the statutes and every statute or any amendment or repeal of a statute shall require the assent of the visitorit also provides that the visitor may amend or repeal the first statutes during the period of three years immediately after the commencement of the act, and that the visitor may direct the university to make provisions in the statutes in respect of any matter specified by himclause 27—this clause provides for the matters for which the ordinances may be madeit further provides that the first ordinances shall be made by the vice-chancellor with the previous approval of the central government and ordinances so made may be amended or repealed at any time by the board in the prescribed mannerclause 28—this clause provides for the authorities of the university to make regulations consistent with the act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by the act, the statutes or the ordinances in the prescribed mannerclause 29—this clause provides for the annual report of the university shall be prepared under the direction of the board, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the board on or after such date as may be prescribed by the statutes and the board shall consider the report in its annual meetingit further provides that the copy of the said report shall be laid before both the houses of parliamentclause 30—this clause provides that the annual accounts of the university shall be prepared under the directions of the board and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of india or by such persons as he may authorise in this belhalfit further provides that a copy of the annual accounts together with the audit report thereon shall be submitted to the board, the visitor and the central governmentit also provides that the audited annual accounts after having been laid before both the houses of parliament shall be published in the official gazetteclause 31— this clause provides that every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concernedit further provides that any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration, for arbitration upon the terms of the nation within the meaning of the arbitration and conciliation act, 1996 (26 of 1996)it also provides that the procedure for regulating the work of the tribunal shall be prescribed by the statutesclause 32—this clause provides for the procedure of appeal and arbitration in disciplinary case against studentsit further provides that any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitrationclause 33—this clause provides that every employee or student of the university or of a college or institution maintained by the university shall, notwithstanding anything contained in this act, have a right to appeal, within such time as may be prescribed by the statutesclause 34—this clause provides that the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutesit further provides that 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 fundclause 35—this clause provides that if any question arises as to whether any person has been duly appointed as, or is entitled to be, a member of any authority of the university, the matter shall be referred to the visitor whose decision thereon shall be finalclause 36—this clause provides that where any authority of the university is given power by the act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concernedclause 37—this clause provides for the filling of casual vacancies of the members of any authority of the universityclause 38—this clause provides that no action or proceedings of any authority of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its membersclause 39—this clause provides for protection of action taken in good faith it provides that no suit, prosecution or other legal proceeding shall lie against the board, vice- chancellor, any authority or officer or other employee of the university for anyting which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinancesclause 40—this clause provides that a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if verified by the registrar, shall be received as prima facie evidenceclause 41—this clause provides for 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 provisions, not inconsistent with the provisions of the act, as appear to it to be necessary or expedient for removing the difficulties within three years from the date of commencement of this actclause 42—this clause provides for the transitional provisions it provides that,—(a) the first chancellor and the first vice-chancellor shall be appointed by the visitor and shall hold office for a term of five years;(b) the first registrar and the first comptroller shall be appointed by the visitor and each of the said officers shall hold office for a term of three years;(c) the first members of the board shall be nominated by the visitior and shall hold office for a tem of three years;(d) the first members of the academic council shall be nominated by the visitior and shall hold office for a term of three years clause 43—this clause provides that the statutes, ordinances and regulations shall be published in the official gazette and shall be laid before parliamentit further provides that the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of the act, to the statutes, ordinances or regulationsschedule—it specifies the statutes of the university financial memorandumclause 3 of the bill provides for the establishment of the rani lakshmi bai central agricultural university in bundelkhand region with headquarter at jhansi the total estimated expenditure on the establishment of the rani lakshmi bai central agricultural university would be approximately rs 49700 crores, out of which rs 3000 crores would be utilised during 2011-12 the balance amount of rs 46700 crores would be utilised during the subsequent plans2 the above expenditure for the year 2011-12 has been authorised by the expenditure finance committee3 the expenditure will be met by the department of agricultural research and education through the indian council of agricultural research from its plan allocations memorandum regarding delegated legislationclause 26 of the bill provides for the first statutes as specified in the schedule to the bill it empowers the board to make, amend or repeal the statutes of the university subject to the assent of the visitor sub-clause (5) of the aforesaid clause empowers the visitor also to make, amend or repeal the statutes of the university during the period of three years immediately after the commencement of the act sub-clause (6) of the said clause empowers the visitor to direct the university to make provisions in the statutes in respect of any matter specified by him and if the board is unable to implement such direction within sixty days of the receipt, the visitor may, after considering the reasons, if any, communicated by the board for its inability to comply with such direction, make or amend the statutes2 the matters in respect of which the board and the visitor may make, amend or repeal the statutes include the constitution, powers and functions of the authorities of the university, the appointment of officers and teachers of the university, the conditions of service of the employees of the university and matters connected therewith3 sub-clause (2) of clause 27 of the bill empowers the vice-chancellor to make the first ordinances of the university with the previous approval of the central government it also provides that the ordinances so made may be amended or repealed at any time by the board in the manner prescribed by the stautes the ordinances may also be made, amended or repealed in respect of matters relating to admission of students, courses of study, medium of instruction and examination, establishment of special centres, specialised laboratories, the manner of co-operation and collaboration with other universities and authorities, the management of colleges and institutions established by the university and such other matters4 clause 28 of the bill enable the authorities of the university to make regulations consistent with the provisions of the act, the statutes, and the ordinances5 the matters for which statutes, ordinances or regulations may be made are matters of procedure the delegation of legislative power is therefore of a normal character————— a billto provide for the establishment and incorporation of a university for the bundelkhandregion for the development of agriculture and for the furtherance of the advancement of learning and prosecution of research in agriculture and allied sciences in that region—————(shri sharad pawar, minister of agriculture and minister of food processing industries)gmgipmrnd—172rs(s3)—19-04-2012

Parliament_bills

2e857bb2-6eae-5813-a771-1de1b6326e02

bill no 263 of 2016 the cantonments (amendment) bill, 2016 by shri shrirang appa barne, mp a billfurther to amend the cantonments act, 2006be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the cantonments (amendment) act, 2016short title and commencement(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint52 in the cantonments act, 2006, in section 12, for sub-section (8), the following subsection shall be substituted, namely:—amendment of section 1241 of 200610"(8) every election or nomination of a member of a board and every vacancy in the elected membership thereof shall be notified by the central government in the official gazette and every such notification shall contain, mutatis mutandis, all such provisions as are there in the notification to elect a member of the house of the people " statement of objects and reasonsalthough, elections are held regularly to fill up the vacancies arising in various cantonment boards, the elections are not as transparent as the general elections therefore, it is proposed that elections to cantonment boards shall also be held in the same way as the general electionhence this billnew delhi;shrirang appa barneoctober 28, 2016 annexure extract from the cantonments act, 2006 [41 of 2006] filling of vacancies15 (1) vacancies arising by efflux of time in the office of an elected member of a board shall be filled by an ordinary election to be held on such date as the central government may, by notification in the official gazette, direct(2) a casual vacancy shall be filled by a casual election the date of which shall be fixed by the central government by notification in the official gazette, and shall be, as soon as may be, after the occurrence of the vacancy:provided that no casual election shall be held to fill a vacancy occurring within six months of any date on which the vacancy will occur by efflux of time, but such vacancy shall be filled at the next ordinary election lok sabha———— a billfurther to amend the cantonments act, 2006————(shri shrirang appa barne, mp)gmgipmrnd—2925l(s3)—17112016

Parliament_bills

ba48e534-44b1-53dd-a585-f353d0d4902c